Effective date December 6, 2023
What Personal Information Do We Collect?
For the purposes of this Policy, “Personal Information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, subject to certain exceptions set forth in the CCPA. We may collect and have collected in the preceding 12 months, the following categories of Personal Information from you in the course of business, including through your use of the Site, when you contact or request information from us, when we provide services to you, or receive services from you:
- Identity Data includes first name, last name, title or address.
- Contact Data includes email address and telephone numbers.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Site.
- Usage Data includes information about how you use the Site, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
- Payment and other financial information.
- Information related to legal matters in which you may be involved, in which we represent you or for which the Firm and you are considering a representation. Please note that the Firm’s receipt of information about you does not create an attorney-client relationship.
- Job Applicant data includes identification data and contact information, resumé and other data provided by you or third parties (e.g., recruiters) on the Site, online recruitment portal (where applicable), or offline in connection with job openings, which may be subject to additional local requirements based on the country for which the position is advertised.
- Cookie and device data includes information about your visit of the Site, IP address, device identifier, browser type and version, operating system and network, location and time zone setting.
- Other Personal Information including biometric, health and geolocation data to the extent this information may be relevant to a representation.
We also may collect other information which alone cannot be used to identify you as an individual. The following paragraphs describe some of the Personal Information and other data we may collect from users of the Site, clients and others.
How Do We Collect Personal Information?
When you provide it to us. In certain sections on the Site, we may provide online forms in which you can input Personal Information such as your name and email address in order to request information, subscribe to our publications, or for other purposes indicated on the Site.
When you become a client, you may provide information to us about you and about your matter.
In working on a matter for you, we may receive, learn or infer information about you and your matter from third parties or publicly accessible sources.
If you are a job applicant or vendor, we may collect and process Personal Information from you to facilitate that relationship and to communicate with you.
If you are counsel for other parties, we may collect information about you from you or third parties to facilitate communications over matters and to fulfill our obligations in our representation of our clients.
When you access the Site. The Site may gather certain information automatically and store it in log files when you use the Site. We may collect IP addresses and/or click-stream data for purposes of system administration, to understand how our visitors use the Site. An IP address is a number that is automatically assigned to your computer whenever you access the Internet. When you request Web pages from the Site, our computers log your IP address.
We also collect click-stream data when you request pages from the Site. Click-stream data may include information such as the page served, the time, the source of the request, the type of browser making the request, the preceding page view and other non-Personal Information. We also monitor other tracking-related information. This data helps us analyze how visitors arrive at the Site, what type of content is most popular, what type of visitors in the aggregate are interested in particular kinds of content, and the like. We use this information to update the Site and ensure that we are meeting the needs of our visitors.
- Essential Cookies: these are essential in order to enable you to move around the Site and use its features.
- Performance and Analytics Cookies: Google Analytics (“Analytics“) is Google’s free web analytics tool that helps us understand how our visitors engage with the Site. Analytics collects information anonymously and reports site trends without identifying individual visitors. Analytics uses its own set of cookies to track user interactions with the Site. These cookies are used to store information, such as what time the current visit occurred, whether the visitor has been to the Site before, and what site referred the visitor to the page on the Site. Analytics customers can view a variety of reports about how visitors interact with their site so they can improve their site and how people find it. A different set of cookies is used for each site, and visitors are not tracked across multiple sites. Analytics customers are obliged to notify users of their use of analytics software. To disable this type of cookie, some browsers will indicate when a cookie is being sent and allow you to decline cookies on a case-by-case basis. In addition to declining cookies, you can also install the Google Analytics Opt-out Add-on in your browser, which prevents Google Analytics from collecting information about the Site visits. You can also opt out by clicking here. Functionality Cookies: these small data files that remember the choices you make on the Site. These cookies help to make your visit more personal and are deleted automatically when you close your browser or the session expires.
- You can block or disable cookies on your device at any time by indicating this in the preferences or options menus in your web browser. You also can delete the cookies that are stored on your device. However, blocking, disabling or deleting cookies may limit your ability to view all the pages of the Site. You can find more information about cookies at www.allaboutcookies.org.
How Do We Use Personal Information?
We use Personal Information collected from you as necessary to provide the information or services you have requested (for example, to respond to your inquiry or process your subscription to a newsletter or blog). Where applicable, we may also use your information for the following purposes:
- To inform you about our services, new legal and policy developments, relevant information in the industries we serve, and our marketing events.
- For analysis to improve the Site, our services and for market research.
- To respond to you when you contact us.
- To enforce our terms or agreements.
- To ensure the security of our services.
- For potential employment.
- For research and development purposes.
- To engage in marketing activities.
- For other reasons, with your consent.
If you are a client of the Firm, we use Personal Information that you voluntarily submit to us on the Site or during the course of our legal representation of you on any matter for which the Firm is retained, regardless of the media used, such as identification data, contact details, and other service data that we may process in connection with the provision of services. The Firm’s work for you also may involve providing information to third parties in order to represent your interests most effectively. This processing is necessary for us to perform our contract with you.
If you are counsel for another party on a matter in which the Firm is representing a client, your information will be used only for the purposes of fulfilling the Firm’s obligations under its representation of its client and for usual ancillary.
If you are a vendor of the Firm, we use identification data, contact details, financial data and other service data for the processing of invoices, the updating of client records, the management of our vendor relationships, and communication with you and for other purposes such as processing payments.
We also may use identification data, contact details, financial data, cookie and device data, and other service data to improve the Site as we occasionally monitor our online presence and ensure the security and confidentiality of your data. This use is also necessary for our legitimate interests to prevent illegal activities, including fraud, which could harm you and us.
We may collect and process Personal Information about job applicants for screening, identifying and evaluating candidates for positions, record-keeping related to hiring processes, analyzing the hiring process and outcomes, and conducting background checks, where and to the extent permitted by applicable law. If you are hired by the Firm, this data will be transferred to our employee records. This processing is necessary in order to take steps, at the request of the job applicant in the context of recruitment, prior to entering into a contract. In addition, job applicant data and legal compliance data may be used as necessary to comply with legal, regulatory and corporate governance requirements.
In the preceding 12 months, the Firm has disclosed the types of Personal Information listed above to its service providers for business purposes.
In the preceding 12 months, we have not sold Personal Information.
With Whom May We Share Your Personal Information?
We do not sell, exchange, transfer or give your Personal Information to any other individual or company for any reason except as set forth in this Policy and as described below:
We may share Personal Information with employees and contractors of the Firm, with third parties who provide certain services on our behalf, with selected third-party organizations with whom we may collaborate on various activities or events, or in the other circumstances noted below. For example, we may share Personal Information we collect with third parties such as providers of data hosting or processing services, email services or other service providers (for example, if we have a third party send notification of firm publications, news or events we think may be of interest to you).
For clients, Personal Information collected from you is subject to this Policy and the applicable rules of professional responsibility, including confidentiality and privilege. We may disclose information about you to third parties as part of performing services in a matter. These disclosures generally will be with your knowledge and consent, but under certain limited circumstances may be done without pre-approval where required in the professional judgement of the attorney working on your matter.
We also may share Personal Information we possess in the event the Firm undergoes a corporate transaction, such as a merger with another firm, or in the event of a sale of all or substantially all of the assets of the Firm, or a dissolution of the Firm, provided that the receiving party agrees to treat your Personal Information in a manner consistent with this Policy. To the extent permitted by applicable laws, we may share Personal Information if we need to protect the interests of the Firm, our clients, property or the public.
Similarly, we may share Personal Information with governmental authorities or otherwise in response to a legal request that we believe requires us to do so, for example, in connection with a criminal investigation or other legal requests from civil or administrative authorities in connection with a pending civil case or administrative investigation. Legal requests include, for example, search warrants, subpoenas and other court orders.
We also may receive legal requests or orders from jurisdictions outside the United States, in which case by using the Site you consent for your Personal Information to be transferred to the applicable country.
Third-Party Sites and Services
Please be aware, certain services on the Site are provided by third parties. You also may visit other third-party sites through links on the Site. We are not responsible for the data policies, procedures or content of any linked sites. These third parties are not bound by this Policy and may have privacy policies of their own governing the use and disclosure of your Personal Information. Please read any policies of third parties before you provide Personal Information to them.
If you connect to us from a social network, such as LinkedIn, we will collect Personal Information from the social network in accordance with your privacy settings on that social network. The connected social network may provide us with information such as your name, profile picture, network, gender, username, user ID, age or age range, language, country, friends list, follower list, and any other information you have agreed it can share or that the social network provides to us. We will assume that the social network or other third parties are entitled to collect and share Personal Information with us.
How Can I Unsubscribe from Emails?
You can be removed from any of our email lists or unsubscribe from a publication by clicking on the “unsubscribe” link in the email, or by sending an email to firstname.lastname@example.org. You may access, update or request deletion of any Personal Information we hold about you by sending a letter using the contact information listed below or emailing email@example.com.
Rights of California Residents
The California Consumer Privacy Act of 2018, as amended by the Consumer Privacy Rights Act of (“CCPA”), requires us to explain the “Personal Information” categories, as identified and defined by the CCPA (see California Civil Code section 1798.140(o)), that we collect, the reason we collect the Personal Information, where we obtain the Personal Information, and the other entities with whom we may share the Personal Information.
We generally collect the following categories of Personal Information in providing our Services:
- identifiers such as a name, address, unique personal identifier, email, phone number, your device’s IP address, software, and identification numbers associated with your devices;
- characteristics of protected classifications under California or federal law, such as gender;
- commercial information such as records of products or services purchased, obtained or considered by you;
- Internet or other electronic information regarding you browsing history, search history, the webpage visited before you came to the Site, length of visit and number of page views, click-stream data, locale preferences, your mobile carrier, date and time stamps associated with transactions, and system configuration information;
- professional or employment-related information;
- your geolocation, to the extent you have configured your device to permit us to collect that information; and
- inferences about your preferences, characteristics, behavior and attitudes.
For more information about the Personal Information we collect and how we collect it, please refer to the section entitled “What Personal Information Do We Collect?”
We collect Personal Information for the business purposes described in the section above entitled “How Do We Use Personal Information?”. The CCPA defines a “business purpose” as the use of Personal Information for the business’s operational purposes, or other notified purposes, provided the use of Personal Information is reasonably necessary and proportionate to achieve the operational purpose for which the Personal Information was collected or another operational purpose that is compatible with the context in which the Personal Information was collected.
The categories of other individuals or entities with whom we may share your Personal Information are listed in section entitled “With Whom May We Share Your Personal Information?”.
Do Not Track. Please note that we do not currently respond to web browser “do not track” signals or other mechanisms that may allow you to opt out of the collection of information across networks of sites and online services as there is no standard for how online services should respond to those signals.
Is My Personal Information Protected?
We seek to use reasonable technical, organizational and administrative measures to protect user information within our organization against unauthorized or unlawful access or processing, and against accidental loss, destruction, or damage. We believe that these measures are reasonably adapted to the nature of the information in our custody. In addition to the security measures detailed above, we protect Personal Information by taking measures: (i) to protect the ongoing confidentiality, integrity, availability, and resilience of our processing systems and services; (ii) to restore the availability of and access to Personal Information in a timely manner in the event of a physical or technical incident; and (iii) to regularly test, assess and evaluate the effectiveness of our technical and organizational measures.
However, even though the Firm makes reasonable efforts to protect information in its custody, no security system, data storage or transmission over the Internet or otherwise is fully secure. Thus, we cannot guarantee the security of any information we may have collected or received from you or transmitted to you.
If you believe your information is not secure, please immediately notify us of the problem at firstname.lastname@example.org.
Do You Keep My Personal Information?
We retain information about you for as long as necessary to perform the activities described in this Policy, or where we have an ongoing legitimate business need to do so, such as for legal, regulatory, accounting or reporting requirements.
When our legitimate interest for retaining your Personal Information ceases to exist, we will either delete or anonymize your information so that it can no longer be attributed to a particular individual. To the extent residual information remains within our databases, back-ups or other records and we are unable to anonymize it we will isolate that information from further processing until deletion is possible. If you have any questions, please feel free to contact us at email@example.com.
Except as part of a representation, we do not knowingly collect or store personally identifiable information about children under the age of 13, unless permitted by law. If we learn that we have collected personally identifiable information from a child under age 13 without consent from their parent or legal guardian or as permitted under applicable law, we will delete that information from our database. If you believe we are collecting information about an individual under 16, please notify us immediately so that we can take appropriate action.
Changes to this Policy
We may update this Policy from time to time. The effective date of the current Policy is noted at the top of this page.
If we make material changes to the way we collect, use, share or process the Personal Information that you have provided that adversely impact you, we will notify you by posting it on the Service or other appropriate means. Any modifications to this Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of the Service after the effective date of any modified Policy indicates your acknowledging that the modified content of this Policy applies to your interactions with the Service and our business.
Your continued use of the Site means you consent to the terms of any new Policy.
If you have any questions about this Policy or need address any matters described herein, please contact the Firm as follows:
Encore Law Group LLP
1100 Wilshire Boulevard, Suite 3305
Los Angeles, CA 90017
TTY – 711