1. Additional privacy notices
California Consumer Privacy Act. If you are a California resident, please review the Additional privacy information for California residents section below, for important information about how we collect, use and disclose personal information about California residents and the rights California residents have under the California Consumer Privacy Act.
2. Information we collect
We collect information directly from individuals online, as well as automatically through the use of our Sites.
Information collected directly
We may collect personal information about you—such as your name, address, telephone number, fax number, e-mail address, etc.—directly from you. For example, personal information may be collected when you fill out a ‘Contact Us’ form, sign up for our mailing lists, register for events we host or sponsor, submit information as part of certain online services , post comments on our blogs, or otherwise provide us information through the Sites. Generally, the information we collect includes your:
- Name, company name and title/position.
- Email address, phone number, mailing address and contact details.
- Contact preferences and interests.
- Business affiliations.
- For events, it may include dietary restrictions, requested accommodations and other event-related preferences.
- If you register for, attend or participate in CLEs that we make available, we may collect your Bar number and other information necessary for CLE credit and reporting purposes.
- Other information related to your request or inquiry.
Information received from third parties
We may collect or receive information about individuals from service providers, and other third parties, such as our clients, representatives and professional advisers, content providers, government authorities and public sources and records.
3. Use of personal information
We use the personal information you provide to respond to your request or inquiry and in the ordinary course of conducting our business. Generally, we use the information (including personal information) that we collect online as follows:
Providing support and services
To provide and operate our Sites, communicate with you about your use of the Sites, provide troubleshooting and technical support, respond to your inquiries, fulfill your orders and requests, process your payments, communicate with you, and for similar service and support purposes.
Responding to your requests
To respond to your inquiries, fulfill your orders and requests, and consider your request or application (eg, if you have submitted a resume or other application information online or by email, we will use it as part of the application review process).
To tailor content we may send or display on the Sites, including to offer location customization and personalized help and instructions, and to otherwise personalize your experiences.
Newsletters, mailing lists and direct marketing
For direct marketing purposes, including to send you newsletters, client alerts and information we think may interest you.
Analytics and improvement
To better understand how users access and use the Sites, and our other products and offerings, and for other research and analytical purposes, such as to evaluate and improve our services and business operations and to develop services and features.
Protect our legal rights and prevent misuse
Comply with legal obligations
To comply with the law or legal proceedings. For example, we may disclose information in response to subpoenas, court orders, and/or other lawful requests by regulators and/or law enforcement, including responding to national security or law enforcement disclosure requirements.
General business operations
Where necessary, for the administration of our general business, accounting, record-keeping and legal functions.
Anonymous and de-identified information
We create and use anonymous and de-identified information to assess, improve and develop our business, products and services, and for similar research and analytics purposes.
4. Disclosure of personal information
Smith & Benowitz is a law firm and any information that we collect or that you provide to us may be shared and processed by any Smith & Benowitz practicing entity. We will not rent or sell your personal information, nor will we share it with third parties, outside of Smith & Benowitz, for their marketing purposes.
We may share personal information with the following categories of third parties:
Third party service providers that provide services to us or to whom we outsource certain services, such as data hosting or software or technology services.
- Government and/or regulatory authorities.
- Professional indemnity insurers.
- Regulators, tax authorities and/or corporate registries.
In addition, we may disclose personal information to other third parties under the following circumstances:
As part of any merger, sale and transfer of our assets, acquisition or restructuring of all or part of our business, bankruptcy, or similar event, including related to due diligence conducted prior to such event where permitted by law.
If we are required to do so by law (eg, to law enforcement, courts or others, eg, in response to a subpoena or court order).
Protect our rights
Where we believe it necessary to respond to claims asserted against us, comply with legal processes (eg, subpoenas or warrants), enforce or administer our agreements and terms, or for fraud prevention, risk assessment, investigation, and to protect the rights, property or safety of Smith & Benowitz, our clients and customers, or others.
We may also share aggregate or de-identified information with third parties for research, marketing, analytics and other purposes, provided such information does not identify a particular individual.
5. Cookies and similar devices
Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site, while others are used to enable a faster log-in process or to allow us to track your activities while using our Site. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.
Clear GIFs, pixel tags and other technologies
Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (also referred to as web beacons, web bugs or pixel tags), in connection with our services to, among other things, track the activities of users of our services, help us manage content, and compile statistics about usage of our services. We and our third party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, to identify when our emails are viewed, and to track whether our emails are forwarded.
Most browsers collect certain information, such as your IP address, device type, screen resolution, operating system version, and internet browser type and version. This information is gathered automatically and stored in log files.
Third party analytics
6. Direct marketing
As noted, we may send periodic promotional emails to you, and where required by law, we will obtain your consent to do so. You may opt out of such communications at any time by following the opt-out instructions contained in the email or email us at email@example.com. If you opt out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your account or any services you have requested or received from us.
7. Access and correction
If you would like to review the personal information we have collected about you via the Sites, or request that we update or delete it, please contact us at firstname.lastname@example.org.
8. Third party websites and links
Our Site contains links to other sites whose information practices may be different than ours. Visitors should consult the other sites’ privacy notices as we have no control over information that is submitted to, or collected by, these third parties.
9. Co-sponsored events
10. Our commitment to security
We employ security measures to prevent unauthorized access to information that we collect online. However, we cannot guarantee the security of your personal information.
11. How to contact us
We reserve the right to revise this Policy or any part of it from time to time. Please review the Policy periodically for changes. If we make material changes, we will endeavor to provide notice ahead of such changes, such as by email or through a notice on email@example.com.
13. Additional Privacy Information for California Residents
This section of our Policy (the “California Notice”) provides additional information for California residents, as required under the California Consumer Privacy Act of 2018 (“CCPA”). This section is effective January 1, 2020. Please note that as of the effective date of this Policy, the CCPA implementing regulations have not been finalized by the California Attorney General. Accordingly, we may update this section, our relevant data practices, or our processes for handling CCPA requests, in response to the final CCPA regulations or other CCPA legal developments.
This California Notice applies to the personal information we collect, both online and offline, about California consumers, including personal information that we collect:
- from users of our Sites, including the services available via our Sites
- about clients and individuals that use or inquire about our legal and related services that we make available (“Services”)
- about individuals that attend events hosted or sponsored by us, reply to our emails or communications, visit our offices, or otherwise communicate or engage with us
- about individuals from clients and others related to the Services we provide
As used in this California Notice, “personal information” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household; it does not include publicly available information made lawfully available by state or federal governments or deidentified information that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked directly or indirectly to a particular individual
Not covered by this California Notice
This California Notice does not address or apply to:
- our handling of personal information that is exempt under Section 1798.145 of the CCPA,
- personal information we collect about employees, contractors or job applicants or other individuals who are not California residents, or
- personal information we collect about individuals acting in their capacity as representatives (“B2B contacts”) of our clients, prospective clients, vendors and other businesses that we conduct business with, to the extent we use their personal information only in the context of conducting our business relationship with the respective business.
Categories of personal information that we collect and disclose
Our collection, use and disclosure of personal information about a California resident will vary depending upon the circumstances and nature of our interactions or relationship with such resident. Pursuant to the CCPA, we may collect and disclose for a business purpose, and have done so in the prior 12 months, the following categories of personal information (as defined by the CCPA):
- Identifiers: such as a real name, alias, address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
- Customer records (categories of personal information set forth in Cal. Civ. Code 1798.80(e)): paper and electronic customer records containing personal information, such as name, signature, physical characteristics or description, address, telephone number, education, current employment, employment history, social security number, passport number, driver’s license or state identification card number, insurance policy number, bank account number, credit card number, debit card number, or any other financial or payment information, medical information, or health insurance information.
- Characteristics of protected classifications under California or federal law: such as race, color, sex, age, religion, national origin, disability, citizenship status, and genetic information.
- Commercial information: including records of property, products or services purchased, obtained, or considered, or other purchasing or use histories or tendencies.
- Internet or other electronic network activity information: including but not limited to browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement.
- Geolocation data: precise location information about a particular individual or device.
Audio, electronic, visual, olfactory, or similar information: such as CCTV footage, photographs, and audio recordings.
- Employment information: professional or employment-related information.
- Education information: information that is not publicly available personally identifiable information as defined in the Federal Education Rights and Privacy Act (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99)
- Inferences from personal information collected: inferences drawn from any of the information identified above to create a profile reflecting a resident’s preferences, characteristics, behavior or attitudes.
- We do not sell, and have not in the prior 12 months sold, personal information about California residents. We do disclose personal information for business purposes as described in the Disclosure of personal information section above.
Sources of personal information
We may collect the above categories of personal information directly from you, automatically about your use of our Sites, and from third parties such as clients of our legal services, government and public entities, public records, data aggregators and resellers, parties and related parties in litigation matters, and others (see the Information we collect section above for more information).
Purposes for collecting, using and disclosing personal information
We use these categories of personal information we collect to provide our legal and other Services, to operate our Sites, to optimize and personalize your experiences with our Sites (e.g., to recognize or store your location, language or other settings), to analyze and improve our Sites and Services, to provide customer support and respond to requests, to comply with legal and ethical obligations and regulatory requirements, in support of our business operations (e.g., accounting, recordkeeping and legal functions), to protect or defend our rights and the rights of others, to prevent misuse of our Sites and Services, and as otherwise required by law. We also use personal information we collect about clients, potential clients, event attendees and others who subscribe to receive our communications for direct marketing purposes and contact them about news, information and events they may be interested in (see the Use of personal information section above for more information about our use of personal information).
Rights of California residents under the CCPA
California law grants California residents certain rights and imposes restrictions on particular business practices as set forth below: Notice before collection: We are required to notify California residents, at or before the point of collection of their personal information, the categories of personal information collected and the purposes for which such information is used.
Request to delete
California residents have the right to request, at no charge, deletion of their personal information that we have collected about them and to have such personal information deleted, except where an exemption applies. We will respond to verifiable requests received from California residents as required by law.
Request to know
California residents have the right to request and, subject to certain exemptions, receive a copy of the specific pieces of personal information that we have collected about them in the prior 12 months and to have this delivered, free of charge, either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, readily useable format that allows the individual to transmit this information to another entity without hindrance. California residents also have the right to request that we provide them certain information about how we have handled their personal information in the prior 12 months, including:
- categories of personal information collected;
- categories of sources of personal information;
- business and/or commercial purposes for collecting and selling their personal information;
- categories of third parties/with whom we have disclosed or shared their personal information;
- categories of personal information that we have disclosed or shared with a third party for a business purpose; and
- categories of third parties to whom the residents’ personal information has been sold and the specific
- categories of personal information sold to each category of third party.
California residents have the right to opt-out of our sale of their personal information. Further businesses may not knowingly sell personal information about minors under 16 years old without prior express consent.
Discrimination and financial incentives
The CCPA prohibits discrimination against California residents for exercising their rights under the CCPA. A business may offer financial incentives for the collection, sale or deletion of California residents’ personal information, where the incentive is not unjust, unreasonable, coercive or usurious, and is made available in compliance with applicable transparency, informed consent, and opt-out requirements. California residents have the right to be notified of any financial incentives offers and their material terms, the right to opt-out of such incentives at any time, and may not be included in such incentives without their prior informed opt-in consent. We do not offer any such incentives at this time.
California residents may submit a request to know or a request to delete to us by contacting us at firstname.lastname@example.org. We may require additional information from you in order to verify your request. We will respond to verifiable requests received from California residents as required by law. If you have a disability, you may request a copy of this Policy or any other required accommodation be provided to you by contacting us.
For more information about our privacy practices, you may contact us as set forth in the How to contact us section above.