Terms of Service

1. Acceptance of Terms

Kirkland & Ellis LLP (hereafter referred to as the "Firm") provides Alumni Network Services (the "Service") to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time. You can review the most current version of the TOS, including any updates, at any time by clicking on the "Terms" link at the bottom of each page. You are responsible for regularly reviewing these terms and conditions. In addition, when using particular Firm services, you shall be subject to any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. In consideration of the mutual covenants set forth herein, the Firm and you agree be bound by the TOS. If you do not agree to the TOS, you are prohibited from using the Service and must stop using the Service immediately.

2. Description of Service

The Firm provides users with the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that the Firm assumes no responsibility for your use of the Service or for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

3. Your Registration Obligations

In consideration of your use of the Service, you agree: (i) to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data"); and (ii) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or the Firm has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, or if you otherwise misuse the Service, the Firm has the right, in its sole discretion, to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4. Firm Privacy Policy

Registration Data and certain other information about you are subject to our Privacy Policy, which you consent to by using the Service and is incorporated herein. For more information, please see our full Privacy Policy at www.Kirkland.com.

5. Member Account, Password and Security

You will receive/create a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You shall not permit third parties to access the Firm's web site through your username and password. You agree to immediately notify the Firm of any unauthorized use of your password or account or any other breach of security. The Firm cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

6. Member Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not the Firm, are entirely responsible for all content that you upload, post, email or otherwise transmit via the Service.

You agree to not use the Service:

7. No Unlawful or Prohibited Use

As a condition of your use of the Service, you warrant to the Firm that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Service in any manner which could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. You understand that using the Firm'eb site for an illegal purpose or to transmit content that is unlawful, harassing, libelous, invasive of another's privacy, harmful, vulgar, obscene, or otherwise objectionable, may result in removal of content and/or termination of your account.

8. Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

9. Material Provided to the Firm or Posted on the Service

The Firm does not control all of the content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of any content. You understand that by using the Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will the Firm be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Service.

You acknowledge that the Firm does not pre-screen content, but that the Firm and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the Service. Without limiting the foregoing, the Firm and its designees shall have the right to remove any content that violates the TOS or is deemed by the Firm, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by the Firm or submitted to the Firm, including, without limitation, information in the Firm news section, and in all other parts of the Service.

The Firm does not claim ownership of the materials you provide to the Firm (including feedback, suggestions or photos) or post, upload, input or submit to the Service (collectively "Submission"), unless otherwise specified. However, by posting, uploading, inputting, providing or submitting your Submission (and all contents and materials therein) you are granting the Firm, its affiliated companies, and successors and assigns a nonexclusive, worldwide, royalty free, perpetual, non-revocable license to use your Submission in connection with the operation of the Service or our Internet business, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

You acknowledge and agree that the Firm may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce the TOS; (iii) to respond to claims that any content violates the rights of third-parties; or (iv) to protect the rights, property, or personal safety of the Firm, its users and the public.

You understand that the technical processing and transmission of the Service, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

10. Indemnity

You agree to indemnify and hold harmless the Firm and its affiliates, officers, partners, and employees, from any claim or demand, including reasonable attorneys' fees (including internal fees), made by any third party due to or arising out of content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS or any applicable law, the use of your account and password, or your violation of any rights of another.

11. No Resale of Service

Unless otherwise specified, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

12. General Practices Regarding Use and Storage

You acknowledge that the Firm may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded content will be retained by the Service, the maximum disk space that will be allotted on the Firm's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that the Firm has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. You acknowledge that the Firm reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that the Firm reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

13. Modifications to Service

The Firm reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Firm shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

14. Termination

You agree that the Firm, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if the Firm believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of service, may be referred to appropriate law enforcement authorities. The Firm may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that the Firm may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that the Firm shall not be liable to you or any third party for any termination of your access to the Service.

15. Hyperlinks from the Firm Web Site

The Service may provide, or third parties may provide, links to other sites and resources on the Internet. Because the Firm has no control over such sites and resources, you acknowledge and agree that the Firm is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Firm shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such hyperlinked site or resource.

16. Firm's Proprietary Rights

You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Firm or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.

17. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

18. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE FIRM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR INDEMNITY OBLIGATIONS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE FIRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SERVICE OR YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL THE FIRM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, COSTS, LOSSES AND CAUSES OF ACTION IN THE AGGREGATE (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OR THE POSSIBILITY OF SUCH DAMAGE ARISING FROM THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY STATEMENT, OR USE OF THE SERVICE EXCEED, IN THE AGGREGATE, $100.00.

19. Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 18 MAY NOT APPLY TO YOU.

20. Notice

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

21. Trademark Information

Kirkland & Ellis LLP, Kirkland and other Kirkland logos and service names are trademarks of Kirkland & Ellis LLP (the "Firm Marks"). Without the Firm's prior written permission, you agree not to display or use in any manner the Firm Marks.

22. General Information

The TOS constitute the entire agreement between you and the Firm regarding your use of the Service, superseding any prior agreements between you and the Firm. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and the Firm shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and the Firm agree to submit to binding arbitration on an individual basis in accordance with the Arbitration Rules of the American Arbitration Association. Unless the parties mutually agree to a different location, the arbitration shall be held in Chicago, Illinois The award may be confirmed and enforced in any court of competent jurisdiction. All post-award proceedings shall be governed by the USAA. The failure of the Firm to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in the TOS are for convenience only and have no legal or contractual effect.

23. Violations

Please report any violations of the TOS to our Administration Department by sending us an email at alumni@kirkland.com, sending a written notification to Kirkland & Ellis LLP, 300 North LaSalle, Chicago, IL 60654, Attn: Human Resources-Alumni Engagement Program, or call us at (312) 862-2871.

Content Disclaimer

Kirkland & Ellis LLP assumes no responsibility for the accuracy or timeliness of any information provided herein. The information contained herein is for informational purposes only and is not legal advice or a substitute for legal counsel. Online readers should not act upon this information without seeking professional counsel.

This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. While we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Accordingly, do not use any of the supplied e-mail interfaces to send us any confidential information until you speak with one of our attorneys and receive our authorization to send that information to us.

Sites listed as hypertext links herein are not under the control of Kirkland & Ellis LLP. Accordingly, Kirkland & Ellis LLP can make no representation concerning the quality, safety or suitability of the content of these sites nor can the fact that Kirkland & Ellis has included this link serve as an endorsement by Kirkland & Ellis LLP of any of these sites. Kirkland & Ellis LLP is providing this site, the information, the listings, and the links contained herein only as a convenience to you.

The representative matters and other experience included herein may date from periods before an individual lawyer joined Kirkland & Ellis LLP, may not contain full or complete client or entity name references, and may contain colloquial rather than client or entity-specific name references. Any representative matters and other experience included herein should not imply current or former client status. You should not rely on any information contained herein, in particular any reference to representative matters and other experience, in making any decision, taking any action or refraining from taking any action.

Some of the content of this site is considered advertising material under the applicable rules of certain states. The content, original images, and their arrangement herein are protected and owned by Kirkland & Ellis LLP.

________________________________________________________________________________________________________________________________________________________________________________________________________

Privacy Statement

Last Updated: January 22, 2013

General

Kirkland & Ellis LLP ("Kirkland," "we," or "us") respects your right to privacy. This Privacy Statement explains what type of information we collect in connection with your use of the Alumni Network website (the "Site"), what we do with the information you provide, and how you can access your information.

The Site is located and operated in the United States. By providing information in connection with the Site, you consent to the transfer to, and processing and storage of, your information in the United States or in other countries where such information may be processed, the laws of which may not be as stringent as the laws in the country in which you reside.

Information Collected

This Site collects personal information about your professional activities that you submit to us. We connect this information with your employment history with Kirkland.

We collect your personal information in the following ways:

 

• In connection with your registration on the Site, such as your name, company, job title, address and email address. You have the opportunity to provide this information directly or import it from a third party website, such as LinkedIn.
• When you include additional information on your profile, such as skills, education and employment history.
• When you post information on the Site, such as an article or job posting.

The information that you make available through your public profile on the Site, post in a public forum on the Site, or provide to other members or in response to a posting ("Public Information") is accessible by others. Kirkland is not liable for the access, use, misuse or sharing of Public Information.

Cookies

By using this Site you consent to the use of cookies. The Site uses cookies to remember you as you navigate through the Site and return to the Site, to track usage on the Site and to improve the quality of our service. You can remove or block cookies using the settings in your browser, but in some cases doing so may affect your ability to use the Site. Information collected via cookies may include the URL of the site from which you came, the internet protocol ("IP") address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system and type of web browser you are using, your mobile device (including your UDID) and mobile operating system (if you are accessing the Site using a mobile device), as well as the name of your ISP or your mobile carrier.

Uses of personal information

We use the personal information collected by the Site for the following purposes:

• To enable other users to search for and locate you via the directory;
• To research and analyze our users' demographics, interests and behavior in an aggregated form to better understand and serve our users and improve our site and its offerings;
• To contact you periodically with communications about events, publications or employment opportunities with Kirkland; and
• To address other purposes, which we would always describe to you when we collect the information.

Sharing of Information

Except as stated herein, we will not share your information unless we state so at the time of collection. We may share your information with affiliates and third parties who assist us by providing services related to the Site, including, but not limited to, database management, e-mail distribution and website management.

In the unlikely event that all or substantially all of our assets relating to the Site are sold or transferred to another party, your information may be transferred to this acquiring entity. Finally, we may disclose your information to third parties in order to (i) comply with law and law enforcement agencies, (ii) to protect our rights in or the safety of the Site, or (iii) to protect the safety or rights of other users of the Site.

We may provide links to third party sites. We have no responsibility or liability for the privacy practices or the content of any such sites. These linked sites are only for your convenience and you, therefore, access them at your own risk. Any information you provide to these sites is subject to the third party site’s own policies.

Rights to Access, Correct and Eliminate Information About You

You have a right to access, modify, correct and eliminate the data you supplied to the Site. If you update any of your information, we may keep a copy of the information that you originally provided to us in our archives for uses documented in this policy. You may request deletion of your information at any time by contacting us by one of the methods set forth below. We will use reasonable efforts to respond to your request within 10 days. Please note, however that information you have shared with others, or that other users have copied, may also remain visible even if you request its deletion.

Data Retention

We will retain and use your information as necessary to provide you services, comply with our legal obligations, resolve disputes, and enforce this Agreement.

Changes to this Privacy Policy

We may update this Privacy Statement at any time, with or without advance notice. Using the Site after a notice of changes has been sent to you or published on our site shall constitute consent to the changed terms or practices.

Security

We implement a variety of security measures to protect your personal information on our systems. Notwithstanding our efforts to protect your information, no security system is completely impenetrable, so we cannot guarantee the absolute security of our databases, nor can we guarantee that information you supply to us will not be intercepted while in transit to us over the Internet.

How to contact us

Should you have any questions or concerns about our Privacy Policy, please send us an email at alumni@kirkland.com, send a written notification to Kirkland & Ellis LLP, 300 North LaSalle, Chicago, IL 60654, Attn: Human Resources-Alumni Engagement Program, or call us at (312) 862-2871.

 

SAFE HARBOR PRINCIPLES
________________________________________________________________________________________________________________________________________________________________________________________________________

Scope: This Policy applies to all "personal data," defined as information that:

• is received by the Firm's U.S. offices from (i) the Firm's EU offices (directly or through affiliated entities, and references herein to the Firm's EU offices shall be deemed to include their affiliated entities), and (ii) the Firm’s clients;
• is about, or pertains to, a specific individual in the EEA or Switzerland;
• can be linked to that individual (also referred to as the "data subject"); and
• is recorded in any form, including on-line, off-line, and manually processed data.

Kirkland complies with the Principles, subject to the limitations and exceptions, in each case, as set forth below.

Notice: Where Kirkland collects personal data directly from individuals in the EEA or Switzerland (i.e., excluding clients that are not individuals), Kirkland will inform such individuals about (i) the purposes for which it collects and uses personal data about them, (ii) the types of non–agent third parties to which Kirkland discloses that information, (iii) the choices and means, if any, Kirkland offers individuals for limiting the use and disclosure of personal data about them, and (iv) the means to contact Kirkland. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal data to Kirkland, or as soon as practicable thereafter, and in any event before Kirkland uses or discloses the information for a purpose other than that for which it was originally collected. Consent for personal data to be collected, used, and/or disclosed in certain ways may be required in order for an individual to obtain or use the Firm's services. Such consent is provided through employment consent forms, engagement letters, and similar documents. Although in most cases it is anticipated that personal data to which this Policy applies will be collected or processed by Kirkland & Ellis International LLP, if Kirkland's U.S. offices directly collect such personal data they will do so in accordance with the Principles and this Policy.

Choice: Where acting as a data controller (i.e., the person or entity that determines the purposes for which, and the manner in which, any personal data is processed), Kirkland will offer individuals the opportunity to choose (opt-out) whether their personal data is (i) to be disclosed to a non-agent third party, or (ii) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. For sensitive personal data, Kirkland will give individuals the opportunity to affirmatively and explicitly (opt-in) consent to the disclosure of such personal data to a non-agent third party or the use of such personal data for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. Because Kirkland processes personal data at the direction of the Firm’s clients, we typically have no direct relationship to the individuals whose personal data the Firm receives in connection with client engagements. Kirkland may disclose personal data to (i) agents as provided herein, and (ii) non-agent third parties for the purposes of, and as directed by, the client in connection with which that personal data was collected.

Onward Transfer: Kirkland will use reasonable efforts to obtain assurances from its agents that they will safeguardpersonal data consistent with this Policy. Where Kirkland has knowledge that an agent is using or disclosing personal data in a manner contrary to this Policy, Kirkland will take reasonable steps to prevent or stop the use or disclosure.

Security: Kirkland will take reasonable precautions to protect personal data in its possession from loss, misuse, and unauthorized access, disclosure, alteration, and destruction.

Data Integrity: Kirkland will use personal data only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. To the extent necessary, Kirkland will take reasonable steps to ensure that personal data is relevant to its intended use, accurate, complete, and current.

Access: Upon request, Kirkland will grant individuals reasonable access to personal data that it holds about them in the Firm’s role as data controller. In addition, Kirkland will take reasonable steps, subject to the limitations and exceptions set forth below, to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete. For information that the Firm holds as a data processor, the Firm will direct the individual to the data controller.If an individual becomes aware that information the Firm maintains about that individual is inaccurate, or if an individual would like to update or review his or her information, the individual may contact the Firm using the contact information set forth below. The individual will need to provide sufficient identifying information, such as name, address, and birth date. The Firm may request additional identifying information as a security precaution. In addition, the Firm may limit or deny access to personal data where providing such access would be unreasonably burdensome or expensive in the circumstances, or as otherwise permitted by the Principles. In some circumstances, the Firm may charge a reasonable fee, where warranted, for access to personal data.

Enforcement: Kirkland will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Any partner or employee who Kirkland determines is in violation of this policy may be subject to disciplinary action up to and including termination of employment.

Dispute Resolution - Human Resource Data: Any questions or concerns regarding the use or disclosure of Kirkland's human resource data should be directed to the Firm's HR Director or the Director of Administration. Kirkland will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal data by reference to the Principles and this Policy. For unresolved complaints related to Kirkland's human resources data for partners and employees in the EU offices, Kirkland will cooperate with the European Data Protection Authorities (DPAs).

Dispute Resolution - Client Data: Any questions or concerns regarding the use or disclosure of client-related personal data should be directed to the Firm at safeharbor@kirkland.com. Kirkland will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal data by reference to the Principles and this Policy. Unresolved complaints made pursuant to the Safe Harbor Frameworks will be submitted to the alternative dispute resolution provider JAMS for arbitration.

Limitations of the Principles and this Policy: Adherence by Kirkland to the Principles and this Policy will be limited as permitted by the Principles: (i) to the extent necessary to meet national security, public interest, or law enforcement requirements, (ii) by statute, government regulation, or case law that creates conflicting obligations or authorizations, provided that, in exercising any such authorization, the Firm’s non-adherence is limited to the extent necessary to meet the overriding legitimate interests the Firm furthers, or (iii) if the effect of the EU Directive on Data Protection (the "Directive"), EU Member State law, or the Swiss Federal Act on Data Protection (FADP) is to allow exceptions or derogations, provided the Firm applies such exceptions or derogations in comparable contexts. Further, because Kirkland is a law firm providing legal advice, adherence to certain of the Principles (including Notice, Choice and Access), is limited with respect to personal data that the Firm processes and uses in certain respects, including, but not limited to, the establishment of a legal claim or defense or the representation of a client's interests and rights in an acquisition, merger, joint venture or other transaction. Personal data may also be subject to ethical duties of confidentiality.

The Firm's U.S. offices do not disclose personal data to third parties except in accordance with the Principles and this Policy. The following are examples, but not an exhaustive list, of situations where disclosure or transfer would be permitted in accordance with this section:

• The disclosure involves personal data of a client and is permitted by applicable law (including U.S. court rules governing lawyers' duty of confidentiality to their clients) such as:

when information generally known in the local community or in the trade, field or profession to which the information relates;

when information is disclosed with such client's informed consent;

when disclosure is impliedly authorized to advance the best interests of the client and is reasonable and customary;

when it is necessary or advisable to prevent reasonably certain death or substantial bodily harm;

when it is necessary or advisable to prevent the client from committing a crime;

when it is necessary or advisable to withdraw an opinion the Firm issued where the Firm believes the opinion is being used to further a fraud;

when it is necessary or advisable to secure legal advice about the Firm’s compliance with the law;

when it is necessary or advisable to defend the Firm against an accusation of wrongful conduct or to collect a fee;

when it is necessary or advisable to respond to a subpoena served on the Firm or otherwise to comply with law; and

when the client has offered material evidence to a tribunal that is false and disclosure is necessary as a remedial measure.

• The disclosure involves personal data of a data subject that is not a client and one of the following applies:

the data subject intentionally made the information public;

the data subject has given the Firm consent to make the disclosure; or<

the Firm’s duty of confidentiality to a client combined with the Firm’s professional obligation to provide competent representationand not prejudice the client during a representation preclude the Firm from seeking consent from the data subject, for example:

the Firm represents a company in a litigation or government investigation and assists the company in responding to a subpoenawhere responsive company documents include employee or other individuals' personal data that the client has transferred to the Firm.

the Firm represents a company in a transactional matter that requires transfer of employee or other individuals' personal data in thecompany's possession to prospective buyers or investors for the purposes of their due diligence, provided the client has given itsconsent to do so

• Whether the data subject is a client or not:

• a law or regulation such as the Patriot Act or law enforcement requirement states that the Firm is obligated to disclose the information;
• disclosure is necessary or advisable to protect the rights, safety, or property of the Firm or others;
• the disclosure is to another Kirkland office or to persons or entities providing data processing or other services on the Firm’s or the individual's behalf (each a "transferee"), consistent with the purpose for which the information was obtained, if the transferee, with respect to the information in question:

• subscribes to the Principles;
• is subject to theDirective or another adequacy finding; or
• agrees in writing that is will provide at least the same level of privacy protection as is required by the relevant Principles; or
• the disclosure is otherwise permissible under the Directive.
• Permitted transfers of personal data, either to third parties or within Kirkland, include the transfer of data from one jurisdiction to another, including transfers to and from the United States.

INTERNET PRIVACY
________________________________________________________________________________________________________________________________________________________________________________________________________

Kirkland considers the Internet and the use of other technology to be valuable tools to communicate and interact with clients, employees, agents, business associates, and others. Kirkland recognizes the importance of maintaining the privacy of information collected online and has created a specific Internet Privacy Policy (the "IPP") governing the treatment of personal data collected through web sites that it operates. With respect to personal data that is transferred from the EEA and Switzerland to the U.S., the IPP is subordinate to this Policy. However, the IPP may reflect additional legal requirements with respect to Internet privacy. Kirkland's Internet Privacy Policy can be found at www.kirkland.com.

CONTACTS FOR QUESTIONS AND CONCERNS
________________________________________________________________________________________________________________________________________________________________________________________________________

Questions and concerns regarding this Policy should be directed to the Firm at safeharbor@kirkland.com.

CHANGES TO THIS SAFE HARBOR PRIVACY POLICY ________________________________________________________________________________________________________________________________________________________________________________________________________

This policy may be amended from time to time, consistent with the requirements of the Principles.

Last Updated: May 30, 2014