Privacy Notice for Legal Services

This privacy statement (the “Privacy Statement”) sets out how Immigration Equality (“we” or “us” or “our” or “Immigration Equality”) will use any information that you give to Immigration Equality during our provision of legal services.

Immigration Equality is a non-profit LGBTQ and HIV-positive immigrant rights organization launched in 1994 to work on both the personal and systemic levels to protect and uplift LGBTQ and HIV-positive immigrants, refugees, asylum seekers, and their families (“individuals”).

Immigration Equality is a globally focused organization that is headquartered in the United States. Our legal services connect individuals with attorneys to provide legal advice, resources, and legal representation to enable individuals worldwide who face discrimination, mistreatment, violence, imprisonment, or the death penalty due to their sexual orientation, gender identity, or HIV status to seek immigration benefits, primarily in the United States.

Immigration Equality may change this statement from time to time to reflect changes in applicable Data Protection Laws (defined below) laws.

Whilst processing any personal data in relation to our legal services, Immigration Equality will comply with any and all laws and regulations relating to the privacy, processing or the protection of personal information or personal data (or such other synonymous term) that apply to us or the personal data we process, in any relevant jurisdiction, including (without limitation) the United States, United Kingdom, and the European Union and any other jurisdiction in which we operate, including (without limitation and as applicable), the California Consumer Privacy Act of 2018, as amended (the “CCPA”), the General Data Protection Regulation ((EU) 2016/679) (the “GDPR”), the GDPR as it forms part of the laws of England and Wales (“UK GDPR”) and the e-Privacy Directive (2002/58/EC), including in respect of the foregoing any implementing or successor legislation and any amendments or re-enactments (collectively, the “Data Protection Laws”).

In this Privacy Notice, the terms “personal data”, “process”, “processor”, and “controller”, shall have the meanings given to such terms, or their synonymous terms, in the relevant Data Protection Laws.

Our role as data controller

Immigration Equality acts as data controller for all data processed for the individuals in connection with our legal services. This means we determine the personal data that we collect from you or other sources for specific purposes and, based on those purposes, make certain decisions on how to use and protect such personal data. We collect personal data from the following sources:

Directly from you during your interactions with us (whether by email, letters, phone calls, text messages, messages through social media, or any other form of correspondence or interaction);
Via the application form on our website;
Via our helpline available in the “Contact Us” section of our website;
From third-party referrals from other organizations performing the same or substantially similar services or with whom we have a shared interest; and
From your browser or device when visiting our website.

Disclosure of personal data

We may share your personal data, where permitted by Data Protection Laws, with other organizations performing the same or substantially similar services or with whom we have a shared interest or where we deem it in your best interests during the course of representing you in an immigration matter, including the U.S. Department of Homeland Security; the U.S. Department of State; the International Organization for Migration; the United Nations High Commissioner for Refugees; pro-bono attorneys working on your case; and other not-for-profit organisations and charities, governmental agencies and international organisations.

Third party data processors

We use Microsoft (SharePoint), Salesforce (NPSS, Pardot and Elevate), Form Assembly and Windstream as third-party data processors to store personal data and we have appropriate contracts and procurement checks in place to ensure they also comply with Data Protection Laws. Any third-party processing of your personal data is subject to the relevant third party processor privacy notice, available at:

Microsoft: www.privacy.microsoft.com/en-US/privacystatement
Salesforce: https://www.salesforce.com/uk/company/privacy/
Form Assembly: https://www.formassembly.com/privacy-policy/
Windstream: www.windstreamenterprise.com/legal/privacy-policy/

The types of personal data we collect and the lawful basis for processing

We may process and use the following types of personal data from individuals seeking legal services, and we rely on the following lawful basis for doing so.

Category of Personal Data	Law basis for processing
Contact information: name, address, telephone number and email address. Personal characteristics: gender, gender identity, age, citizenship status and personal data contained in identification documents. Financial information: income and salary.	Based on (depending on the circumstances): our legitimate interests in connection with the operation of our legal services; the legitimate interests of governmental authorities and government agencies offering immigration benefits to the individual we represent; the protection of the vital interests of the individual we represent;our performance of public tasks under applicable immigration and asylum laws, and refugee resettlement schemes; or the consent of the individual we represent.
Special category data: personal data revealing racial or ethnic origin; political opinions; religious or philosophical beliefs; memberships with political or trade organizations; biometric data; data concerning health; data concerning an individual’s interpersonal and intimate relationships; and data concerning an individual’s sexual orientation. Lived experience information: biographical information that may contain or infer personal data special category data (i.e., racial or ethnic origin, political opinion, religious or philosophical beliefs).	Based on (depending on the circumstances): our legitimate interests in connection with the operation of our legal services; the legitimate interests of governmental authorities and government agencies offering immigration benefits to the individual we represent; the protection of the vital interests of the individual we represent;our performance of public tasks under applicable immigration and asylum laws, and refugee resettlement schemes; or the consent of the individual we represent. As well as (depending on the circumstances): the explicit consent of the individual we represent;the protection of the vital interests of the individual we represent;in connection with making legal claims for immigration benefits on behalf of the individual we represent; in connection with not-for profit activities; orreasons of substantial public interest, such as:equality of opportunities and treatment; safeguarding individuals at risk;the administration of statutory justice under relevant immigration and asylum laws, and refugee resettlement schemes
Criminal offence data: personal data relating to criminal activity; allegations; investigations; and proceedings.	We only process criminal offence data where the processing is necessary for the purposes of performing or exercising obligations or rights which are imposed or conferred by relevant immigration and asylum laws, and refugee resettlement schemes in connection with social security or social protection and based on (depending on the circumstances): our legitimate interests in connection with the operation of our legal services; the legitimate interests of governmental authorities and government agencies offering asylum to the individual we represent; the protection of the vital interests of the individual we represent;our performance of public tasks under applicable immigration and asylum laws, and refugee resettlement schemes; or the consent of the individual we represent.
Children’s personal data	We only process the personal data of children where the personal data is strictly necessary for the performance of public tasks under applicable immigration and asylum laws, and refugee resettlement schemes with the consent of the child (subject to the age of consent under applicable Data Protection Laws) or with the consent of the child’s parent or legal guardian.

International data transfers

Where we transfer personal data to or from countries located outside the European Economic Area, we do so in accordance with the requirements of applicable Data Protection Laws, which may include the European Commission’s approved standard contractual clauses or the UK Addendum.

Data security, retention and access

We employ appropriate technical and organizational measures, including physical, electronic and procedural safeguards to protect the personal data of the individuals we represent. We will retain the personal data of the individuals we represent for so long as is necessary for us to deliver our legal services. Thereafter, we may retain limited types of the personal data to the extent it is required to provide alternative services (e.g., contact information to provide resources for support) or where otherwise required or permitted by Data Protection Laws. Immigration Equality may anonymize or de-identify personal data for the purposes of producing reports and documentation in compliance with our legal obligations or to further our legislative and administrative advocacy programs.

Individual rights

Subject to applicable Data Protection Laws, you have the following rights in respect to your personal data:

Access: You may request access to the personal data we have collected on you. We will respond to your request as soon as possible and (save for in certain circumstances) within one month.
Correction: You may notify us to correct the personal data we hold about you, for instance, if you have changed your address or phone number.
Deletion: You may also elect to have the personal data we have collected on you deleted from our database, excluding any personal data we retain for the purposes of the establishment, exercise or defense of legal claims or for archiving purposes in the public interest.
Restricting our use: You may request that we stop processing your personal data (other than storing it), if: (i) you are verifying the accuracy of it; (ii) you believe the processing is against the law; (iii) you believe we no longer need your information for the purposes identified to you; or (iv) you are verifying whether our legitimate grounds to process your personal data, override your own rights.
Transfer: If you wish to transfer your personal data to another organization as a data controller (and certain conditions are satisfied), you may ask us to do so, and we will send it directly if we have the technical means.
Right to withdraw consent: If you previously gave us your consent to process your personal data for a particular purpose, you can contact us at info@immigrationequality.org to let us know that you withdraw that consent at any time.

We may use automated processing tools to confirm your eligibility for our services. You have the right to object to any decision we make regarding your eligibility by contacting us at info@immigrationequality.org.

We do not sell personal data to third parties for monetary or other valuable consideration.

Our contact information

Please contact the Immigration Equality team at info@immigrationequality.org with any questions arising out of this Privacy Statement.

This statement was last updated on 11 June 2024.

Website Privacy Policy

Information Collection

Immigration Equality greatly values the privacy of those who visit our website. As a legal and advocacy group, we understand the importance of confidentiality. We use our best efforts to respect and protect the privacy of our online visitors and donors. We will not share your personal information with any third parties without your expressed permission. This includes your name, address, financial information, email address, and personal information about your immigration status or legal matter.

Please note that we do not collect information from you that could identify you as an individual unless you provide it to us voluntarily and knowingly. Information pertaining to general website traffic, site usage, and length of stay is collected. This type of information is used to help Immigration Equality improve the functionality of our website and such information is not linked to individual visitors.

If you provide personal information, we may enter that information into our constituent database and contact you in order to, for example:

Supply you with information, including updates about immigration law and policy
Invite you to Immigration Equality events
Explain to you services offered by our organization
Request monetary contributions or
Call for volunteer assistance

Security

Immigration Equality uses high-grade encryption and security protocols (Secure Socket Layer-SSL) when processing financial transactions. This method is the industry standard security protocol, which makes it very difficult for anyone to intercept the information you send us. In addition, data is stored on password-protected servers. Nevertheless, such precautions do not absolutely guarantee that our website is impenetrable to all security breaks. Immigration Equality makes no warranty, guarantee, or representation that the use of our web site is protected from all viruses, security threats, or other similar vulnerabilities. To be clear however, we are absolutely committed to protecting your privacy to the best of our substantial ability.

Scope of Policy

Immigration Equality’s privacy policy applies only to your use of our organization’s website. We are not responsible for the privacy practices of links we may suggest to outside websites. You should read the privacy policies of each site you visit to determine what information they may be collecting from you.

Immigration Equality’s privacy policy applies only to our online practices and does not encompass other areas of the organization. By accessing or using the web site, you agree to be bound by all terms and conditions of our privacy policy as posted at the time of your access or use of our website. If you have any questions about our policies or compliance, you may send an email to info@immigrationequality.org or call us at (212) 714-2904.