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Ross Hofherr
D: (212) 313-5482  
RHofherr@HarrisBeach.com

Ross B. Hofherr

  Member

Legal Teams Leader -  
International Trade
(212) 313-5482
  RHofherr@HarrisBeach.com
“Clients often value advice that goes beyond the scope of the engagement as it demonstrates a more complete understanding of their business and objectives.”
  • SAFE Banking Act “Very Close” to Advancing; Would Allow Banks to Service Marijuana-Related Businesses
  • New York Lawyer and Doctor Convicted of Defrauding Businesses and Insurance Companies of More Than $31 Million
  • New York Sends Clear Message Crypto Exchanges and Banks Must Meet AML Obligations
Profile
Representative Matters
Professional and Civic
Areas of Experience
Admissions
Education
Location
Publications and Events

Ross is a co-leader of the Regional Financial Institutions Team and represents financial institutions and other commercial clients in complex business disputes in state and federal courts.  These matters often involve multijurisdictional or international implications, including contract, regulatory compliance, lender liability, distribution agreements, partnership disputes, insurance, reinsurance, and white-collar matters. Ross also advises clients on regulatory implications of engaging in commercial transactions, including international transactions. His work includes the defense of consumer financial services class action litigation, regulatory matters, mediations, arbitrations, and internal investigations.

Ross advises organizations of all types on financial and banking developments within the Marijuana Regulation and Taxation Act (MRTA), including cultivators and processors, retailers, and distributors. He is a frequent speaker on Cannabis topics.

Representative Matters

  • Advises financial institutions on the state and federal legal risks of providing banking services to cannabis companies.
  • Successfully resolved complaint made against US-based business by Data Subject to the UK Data Protection Authority (the ICO) under the European Union General Data Protection Regulation (Regulation (EU) 2016/679) (the GDPR).
  • Drafted and revised Data Protection Agreements and Policies and Procedures for multiple businesses to reflect compliance obligations under the GDPR, the New York Department of Financial Services Cybersecurity Regulation (23 NYCRR 500), and other regulations governing data transfers, data privacy, and cybersecurity.
  • Defended a national auto lender in a class action arising from repossession practices.
  • Defended mortgage lender against regulatory investigation alleging “redlining” fair lending violations.
  • Defended national bank in litigation related to sanctions implemented by the Treasury Department’s Office of Foreign Assets Control (OFAC Sanctions).
  • Represented a syndicate of national and regional banks in an international arbitration to enforce rights under an insurance policy used as collateral for a multi-million dollar loan.Issues in arbitration included insurance coverage, disclosure of material facts, proper usage of an interest rate collar as chosen derivative to hedge interest rate risk associated with a loan tied to LIBOR.
  • Represented a national bank in a contractual dispute with software vendor retained to implement and oversee program for sending mortgage disclosures to homeowners required by the Real Estate Settlement Procedures Act (RESPA) and Truth in Lending Act (TILA).
  • Represented an international antiquities dealer in an investigation conducted by foreign prosecutors pursuant to a mutual legal assistance treaty (MLAT) to recover property believed to stolen.
  • Represented a national staffing agency to recover fees owed for staffing services resulting in full recovery of all fees owed, interest, and attorney’s fees.
  • Defended a manufacturer against claims made by a terminated distributor.

During law school, Ross served as a legal intern at the New York Stock Exchange, Division of Enforcement at the Compliance Department of Morgan Stanley, performing regulatory compliance functions.

Professional and Civic

  • New York State Bar Association, member, including the Commercial & Federal Litigation Section, Corporate Counsel Section and Young Lawyers Section
  • Defense Research Institute (DRI), member, serves on the following committees: Alternative Dispute Resolution, Commercial Litigation, Government Enforcement and Corporate Compliance, Governmental Liability, and Young Lawyers
    • DRI Regulatory and Transactional Task Force
    • DRI Government Enforcement and Corporate Compliance Committee, chair
  • Brooklyn Law School Mentor Program, mentor

Recognition

  • Super Lawyers, Rising Stars, Business Litigation, since 2015

Legal Practices

Business and Commercial Litigation
Corporate
Cybersecurity Protection and Response
Government Compliance and Investigations
International Trade
Mass Torts and Industry-Wide Litigation

Industry Teams

Blockchain and Digital Assets
Cannabis
Financial Institutions and Capital Markets

Sectors

Compliance and Litigation For Financial Institutions

Admissions

New Jersey

New York

U.S. District Court, District of Colorado

U.S. District Court, New Jersey

U.S. District Court, New York - Eastern District

U.S. District Court, New York - Northern District

U.S. District Court, New York - Southern District

Brooklyn Law School

JD 
2007

University of Florida

BA 
2004
cum laude

Location

New York, NY Office
Insights
January 9, 2023

New York Sends Clear Message Crypto Exchanges and Banks Must Meet AML Obligations

New York’s DFS recently announced a $100 million settlement with Coinbase, Inc. for BSA/AML compliance failures
January 3, 2023

New York Lawyer and Doctor Convicted of Defrauding Businesses and Insurance Companies of More Than $31 Million

A personal injury attorney and orthopedic surgeon were both convicted by a Manhattan federal jury for knowingly profiting from a $31 million
November 16, 2022

SAFE Banking Act “Very Close” to Advancing; Would Allow Banks to Service Marijuana-Related Businesses

On the heels of two more states legalizing adult use of marijuana, Congress seems closer to passing a law allowing banks to service cannabis
October 19, 2022

Banks, Credit Unions, and the Beneficial Ownership Information Final Rule

On September 29, 2022, FinCEN issued the first of three final rules implementing the Corporate Transparency Act’s BOI requirements.
July 6, 2022

New York State Issues Guidance for Measuring Flowering Plant Canopy by Adult-Use Cannabis Cultivators

The Office of Cannabis Management in New York state has provided further guidance on how adult-use conditional cultivators (AUCCs) must meas
March 14, 2022

Federal Financial Regulators Issue Warnings About Russian Sanction Evasion Attempts

With the imposition of sweeping new sanctions on Russia and Belarus following the invasion of Ukraine, federal financial regulators are issu
January 7, 2022

Federal Cannabis Legislation Seeks to Decriminalize Marijuana, Create Safe Harbors for Banks and Insurers, Strike Regulatory Balance, and More

December 22, 2021

Pending Cannabis Legislation in New York State Broadens Equity, Promotes Hemp Packaging, Extends Opt-Out Deadline

Pursuing social equity. New York State Senator Jeremy Cooney has introduced a bill that would classify individuals who identify as transgend
April 30, 2020

Paycheck Protection Program Lenders Face Lawsuits Over Lending Practices

In response to the devastating economic impacts of COVID-19, Congress enacted the historic economic stimulus bill – Coronavirus Aid, Relief,
March 16, 2020

Disaster Emergency in New York State Prohibits Certain Telemarketing Calls

On Saturday, March 7, New York Governor, Andrew Cuomo, issued Executive Order No. 202 declaring a disaster emergency in the State of New Yor
January 29, 2020

Telemarketing Legislation, Litigation Remain Hot-Button Issues for Legislature and Courts

The legislation and litigation regarding unwanted calls remain alive and well and show no signs of ending anytime soon. With recent statutes
December 5, 2019

Phishing, Vishing and Smishing – Ross Hofherr and Dawn Russell Remind You to Stay Alert for Scams

Your business wouldn’t fall for fraud – or would it? These days, cybercriminals are getting more personal, meaning they’ve gone from sending
April 24, 2019

Credit Union Trade Organization Advocates for NCUA to Assume More Authority

This week the trade organization representing credit unions, the Credit Union National Association (CUNA), urged the director of the Consume
News
March 24, 2022

Harris Beach Partners Author Law360 Article on Russian Sanction Evasions

With the imposition of sweeping new sanctions on Russia and Belarus following the invasion of Ukraine, the Financial Crimes Enforcement Netw
January 24, 2022

Meaghan Feenan and Ross Hofherr Recommend Organizations Prepare Now for Adult-use Marijuana Licensing

While the adult-use marijuana rollout in New York state may seem to progressing slowly, Harris Beach Cannabis Industry Team members say thos
October 15, 2021

Harris Beach Attorneys Ross Hofherr and Douglas Gerhardt Address NYS Cannabis Market in Rochester Business Journal

Harris Beach Cannabis Industry Team members and partners Ross Hofherr and Douglas Gerhardt were featured in separate Rochester Business Jour
January 1, 2021

Harris Beach PLLC Elects Nine New Partners

Attorneys Mathew T. Dudley, Ross B. Hofherr, Kirstie A. Means, Tyler A. O’Reilly, Christopher C. Palermo, Michelle K. Piasecki, Jaime L. Reg
Events
April 11, 2022

Ross Hofherr Presenting Webinar on Bank Secrecy Act and Anti-Money Laundering with The Knowledge Group

The current financial legislation developments along with the evolving regulatory landscape have forced financial institutions to be one ste
April 8, 2022

Ross Hofherr to Present During The Bonadio Group’s 2021 Financial Institutions Virtual Seminar Series

Ross Hofherr will present during the Bonadio Group’s 2021 Financial Institutions Virtual Seminar Series – Part 2.
November 17, 2021

Ross Hofherr Moderating and Meaghan Feenan Presenting as Panelist During Greater Rochester Chamber Cannabusiness Webinar

Ross Hofherr will moderate and and Meaghan Feenan will join the panel for the Greater Rochester Chamber Cannabusiness webinar being held on
December 1, 2020

Ross Hofherr Speaks to Chamber of Commerce Members on GDPR Changes

Organizations that thought they (or their vendors) had everything in place to properly handle personal data and comply with the European Uni
August 24, 2018

Ross Hofherr Presenting at National DRI Cybersecurity and Data Privacy Seminar

The Telephone Consumer Protection Act is a favorite prosecutorial tool for regulators and plaintiffs to use against telemarketers, debt coll
External Publications
October 1, 2018

Speaker: An Internal Investigation of a Cyber Security Breach (Defense Research Institute (DRI), Annual Meeting)

June 1, 2018

Speaker: How to Turn GDPR (General Data Protection Regulation) into an Opportunity in 2018-19 and Law Firm Security In The Cloud – GDPR Perspective (Global Legal ConfEx and Global GDPR ConfEx)

June 1, 2018

Speaker: Lender Liability: Tips and Strategies in Avoiding Claims and Other Risks in 2018 and Beyond (The Knowledge Group, webinar)

February 1, 2018

Speaker: Now Entering the Ring . . . Are “Ringless Voicemail” Calls Exempt from the TCPA? (Defense Research Institute (DRI) publication For the Defense)

January 1, 2018

Speaker: The Fair Debt Collection Practices Act: Effective Compliance Strategies for Your Firm in 2018 (The Knowledge Group, webinar)

January 1, 2017

Moderated Two Wrongs Don’t Make a Right! Ethical Concerns when Conducting Internal Investigations (Defense Research Institute (DRI), Annual Meeting)

October 1, 2017

Speaker: Heightened BSA/AML Compliance: Challenges in 2017 and Beyond (The Knowledge Group, webinar)

September 1, 2017

Publication: New Developments from the OCC” (Corporate Integrity, the Newsletter of the Government Enforcement and Corporate Compliance Committee of the Defense Research Institute (DRI))

January 1, 2017

Speaker: Inside Collection Compliance (Auto Finance Risk & Compliance Summit)

July 1, 2017

Speaker: Fintech/Bank Partnerships: A Live Webinar to Discuss the OCC’s Latest Guidance” DealFlow Financial Products

April 1, 2017

Publication: A Summary of Recent FinCEN Anti-Money Laundering Enforcement Actions and Geographic Targeting Orders (Defense Research Institute (DRI), In-House Defense Quarterly)

All Insights, All Publications, Legal Alert |
 January 9, 2023
New York Sends Clear Message Crypto Exchanges and Banks Must Meet AML Obligations
New York’s DFS recently announced a $100 million settlement with Coinbase, Inc. for BSA/AML compliance failures...read more
All Insights, All Publications, Legal Alert |
 January 3, 2023
New York Lawyer and Doctor Convicted of Defrauding Businesses and Insurance Companies of More Than $31 Million
A personal injury attorney and orthopedic surgeon were both convicted by a Manhattan federal jury for knowingly profiting from a $31 million...read more
All Insights, All Publications, Legal Alert |
 November 16, 2022
SAFE Banking Act “Very Close” to Advancing; Would Allow Banks to Service Marijuana-Related Businesses
On the heels of two more states legalizing adult use of marijuana, Congress seems closer to passing a law allowing banks to service cannabis...read more
All Insights, All Publications, Legal Alert |
 October 19, 2022
Banks, Credit Unions, and the Beneficial Ownership Information Final Rule
On September 29, 2022, FinCEN issued the first of three final rules implementing the Corporate Transparency Act’s BOI requirements....read more
All Insights, All Publications, Legal Alert |
 July 6, 2022
New York State Issues Guidance for Measuring Flowering Plant Canopy by Adult-Use Cannabis Cultivators
The Office of Cannabis Management in New York state has provided further guidance on how adult-use conditional cultivators (AUCCs) must meas...read more
All Insights, All Publications, Legal Alert |
 March 14, 2022
Federal Financial Regulators Issue Warnings About Russian Sanction Evasion Attempts
With the imposition of sweeping new sanctions on Russia and Belarus following the invasion of Ukraine, federal financial regulators are issu...read more
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Ross B. Hofherr

RHofherr@HarrisBeach.com
D: (212) 313-5482
New York, NY Office
Ross Hofherr
https://www.harrisbeach.com/people/hofherr-ross-b/

■ Areas of Expertise

Legal Practices

Business and Commercial Litigation Legal Practice
Corporate Legal Practice
Cybersecurity Protection and Response Legal Practice
Government Compliance and Investigations Legal Practice
International Trade Legal Practice
Mass Torts and Industry-Wide Litigation Legal Practice

Industry Teams

Blockchain and Digital Assets Industry Team
Cannabis Industry Team
Financial Institutions and Capital Markets Industry Team

Sectors

Compliance and Litigation For Financial Institutions

■ Profile

Ross is a co-leader of the Regional Financial Institutions Team and represents financial institutions and other commercial clients in complex business disputes in state and federal courts.  These matters often involve multijurisdictional or international implications, including contract, regulatory compliance, lender liability, distribution agreements, partnership disputes, insurance, reinsurance, and white-collar matters. Ross also advises clients on regulatory implications of engaging in commercial transactions, including international transactions. His work includes the defense of consumer financial services class action litigation, regulatory matters, mediations, arbitrations, and internal investigations.

Ross advises organizations of all types on financial and banking developments within the Marijuana Regulation and Taxation Act (MRTA), including cultivators and processors, retailers, and distributors. He is a frequent speaker on Cannabis topics.

■ Representative Matters

  • Advises financial institutions on the state and federal legal risks of providing banking services to cannabis companies.
  • Successfully resolved complaint made against US-based business by Data Subject to the UK Data Protection Authority (the ICO) under the European Union General Data Protection Regulation (Regulation (EU) 2016/679) (the GDPR).
  • Drafted and revised Data Protection Agreements and Policies and Procedures for multiple businesses to reflect compliance obligations under the GDPR, the New York Department of Financial Services Cybersecurity Regulation (23 NYCRR 500), and other regulations governing data transfers, data privacy, and cybersecurity.
  • Defended a national auto lender in a class action arising from repossession practices.
  • Defended mortgage lender against regulatory investigation alleging “redlining” fair lending violations.
  • Defended national bank in litigation related to sanctions implemented by the Treasury Department’s Office of Foreign Assets Control (OFAC Sanctions).
  • Represented a syndicate of national and regional banks in an international arbitration to enforce rights under an insurance policy used as collateral for a multi-million dollar loan.Issues in arbitration included insurance coverage, disclosure of material facts, proper usage of an interest rate collar as chosen derivative to hedge interest rate risk associated with a loan tied to LIBOR.
  • Represented a national bank in a contractual dispute with software vendor retained to implement and oversee program for sending mortgage disclosures to homeowners required by the Real Estate Settlement Procedures Act (RESPA) and Truth in Lending Act (TILA).
  • Represented an international antiquities dealer in an investigation conducted by foreign prosecutors pursuant to a mutual legal assistance treaty (MLAT) to recover property believed to stolen.
  • Represented a national staffing agency to recover fees owed for staffing services resulting in full recovery of all fees owed, interest, and attorney’s fees.
  • Defended a manufacturer against claims made by a terminated distributor.

During law school, Ross served as a legal intern at the New York Stock Exchange, Division of Enforcement at the Compliance Department of Morgan Stanley, performing regulatory compliance functions.

■ Professional and Civic

  • New York State Bar Association, member, including the Commercial & Federal Litigation Section, Corporate Counsel Section and Young Lawyers Section
  • Defense Research Institute (DRI), member, serves on the following committees: Alternative Dispute Resolution, Commercial Litigation, Government Enforcement and Corporate Compliance, Governmental Liability, and Young Lawyers
    • DRI Regulatory and Transactional Task Force
    • DRI Government Enforcement and Corporate Compliance Committee, chair
  • Brooklyn Law School Mentor Program, mentor

■ Admissions

  • Super Lawyers, Rising Stars, Business Litigation, since 2015

■ Education

Brooklyn Law School
 ,JD
 ,2007
University of Florida
 ,BA
 ,2004
 ,cum laude

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Blockchain and Digital Assets 
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Environmental, Social and Governance (ESG)
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Washington, DC
800-685-1429

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of February 3, 2023 8:20 am
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