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Dir, IP, Marketing & Data Privacy Counsel - 11215 Metro Pkwy

Employer
Chico's
Location
Fort Myers, Florida, United States
Closing date
13 Oct 2023

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Function
Legal
Level
Manager

Job Details

With approximately 1,300 boutiques and outlets throughout the U.S., as well as an online presence for each of our brands, it takes sophisticated technology, resources and infrastructure to ensure the continued success of our businesses. From finance and accounting to technology and merchandising careers, we have diverse opportunities available for talented professionals to join our team of nearly 16,000 associates who share our commitment to excellence.

POSITION OBJECTIVE:

This position is responsible for ensuring legal compliance across areas of the organization, coordinating with internal and external attorneys, and structuring, drafting, and negotiating a wide variety of marketing, promotional and advertising agreements, marketing disclaimers, and other forms, policies, and related documents, to ensure timely and satisfactory delivery of all marketing and promotional deliverables and ongoing operational compliance for the Company's brands.

This position is responsible for providing expert analysis, advice, program management, guidance, training, legal research, and other assistance in support of data privacy compliance. This role will also, coordinate with cross functional business units to advise on matters related to privacy, data use, and cybersecurity.

FUNCTIONAL RESPONSIBILITIES:
  • Develops the prosecution, maintenance, licensing, and enforcement strategy for the protection of the Company's global intellectual property portfolio.
  • Provides guidance and counsel on all matters concerning trademarks and designs, including performing and evaluating trademark searches and communicating with clients regarding trademark availability and design components.
  • Counsels and advises on product and packaging design clearances to proactively identify and address potential risks.
  • Establishes programs to monitor and police trademark and copyright infringement activities by third parties.
  • Structures, drafts, and negotiates appropriate IP agreements that meet achieve stakeholder goals, internal guidelines, and industry best practices; manages domain name registrations, acquisitions, and disputes.
  • Structures, draft and negotiates franchise agreements and enforcement documents in support of for the Company's franchise operations.
  • Counsels Tax and Finance on IP structuring in a variety of corporate agreements.
  • Coordinates the work of third-party investigators in the U.S. and internationally relating to counterfeits and gray market products.
  • Drafts cease and desist letters and other correspondence relating to infringement of intellectual property and handle resolution of these matters.
  • Develops forms, policies and compliance procedures and developing and maintaining accurate marketing disclaimer libraries for each brand.
  • Develops and vets approved sustainably sourced product marketing claims and maintaining the Company's claims database.
  • Structures, drafts, and negotiates a wide variety of marketing-related documents and agreements, including but not limited to, agency, model and photography agreements, influencer agreements, sweepstakes, contests and other promotional co-venture agreements, rules and marketing disclaimers, charitable co-venture agreements and marketing disclaimers, IT-related agreements, loyalty program terms and marketing disclaimers, music rights agreements, and more.
  • Negotiates data protection agreements and contracts for SaaS, cloud services, IT infrastructure services, software licensing, digital marketing, and related professional services.
  • Evaluates projects involving the processing of personal data, conducts privacy impact assessments, identifies, and manages privacy risks by developing practical risk mitigation strategies, policies and procedures and communicates clear requirements to stakeholders.
  • Develops, drafts, and manages process, policies and procedures related to company's data processing activities, including processing of Data Subject Requests, management of privacy policy, terms of use, privacy center for cookies preferences, data retention and related consumer facing disclosures, consents, and FAQs.
  • Manages the Data Privacy and Security Committee to drive discussion among key stakeholders across the company to continuously improve organizational privacy practices, data minimization efforts, retention processes and related policies.
  • Partners closely with Marketing, Ecommerce, and Information Security teams to support direct marketing efforts and third-party ad publishing program.
  • Leads efforts in the creation, implementation and refinement of forms, policies and procedures and prepares and delivers trainings to business groups from time to time related to Data Subject Request processing and data collection, handling, retention, and destruction.
  • Identifies, assesses, and drives compliance and risk-reduction initiatives associated with emerging legal issues throughout the U.S. and locations where the Company operates.
  • Facilitates the Company's compliance with various laws, rules, regulations, and best practices by serving as a key leader in the Company's data privacy compliance program.
  • Handles litigation and pre-litigation disputes and inquiries, including customer data privacy related complaints
  • Manages outside legal counsel and ensures cost-effective, quality work product.
  • Values individuality and the diverse talents of their team. Leads the team by communicatingexpectations, providing guidance, delivering feedback, and empowering the team to be their best.

QUALIFICATIONS:
  • JD Degree required
  • 6+ years' experience within specialty retail or similar field as a data privacy IP data & Marketing legal counsel
  • Currently licensed to practice law and in good standing with bar of at least one U.S. State
  • Certification in Privacy or Information Privacy Security program, CIPP/US or CIPP/E and experience with One Trust privacy software is preferred
  • Successful candidate must be admitted to Florida Bar as Authorized House Counsel within one year of being hired
  • Excellent communication skills, both written and verbal
  • Proven presentation and training skill
  • Ability to resolve complex, highly sensitive work-related issues
  • Ability to effectively coach and leverage internal resources, outside counsel, and subordinates
  • Exceptional project management skills
  • Ability to develop positive partnerships and influence at all levels of an organization
  • Strong computer skills. (Microsoft Word, Outlook, Excel, Power Point)
  • Experience with a corporate legal department or a nationally recognized law firm; a mix of corporate law firm and in-house experience is a plus


Chico's FAS, Inc. is an equal opportunity employer. We do not discriminate on the basis of race, color, religion, marital status, age, national origin, ancestry, physical or mental disability, medical condition, pregnancy, childbirth and related medical conditions, lactation, genetic information, gender, sexual orientation, gender identity or expression, military service, veteran status, or any other category protected under federal, state, or local law.

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