If you are a California resident, this policy applies to your personal information that we obtain as “business” (as that term is defined under the California Consumer Privacy Act of 2018 (“CCPA”)). The term “personal information,” as used in this section, has the meaning defined in the CCPA, but excludes information exempted under the CCPA.
Personal Information We Collect From You.
The personal information we learn from users helps us personalize and improve our services. We may collect and use the following personal information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular user:
- General identifiers, including, but not limited to, real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
- Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
- Characteristics of protected classifications under California or federal law.
- Commercial information (e.g., records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies).
- Biometric information.
- Internet or other electronic network activity information (e.g., browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement).
- Audio, electronic, visual, thermal, olfactory, or similar information.
- Professional or employment-related information.
- Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (FERPA).
- Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
We may also collect certain non-personally identifiable information. “Non-personally identifiable information” is information that does not identify you, which includes anonymous information and aggregate data. To better understand how you use our website, we may use non-personally identifiable information to research their demographics, interest, and behavior. This allows us to improve our website by providing you with customized services and information. We may combine this information with personally identifiable information.
How We Collect Your Personal Information.
We collect most of this personal information directly from you, whether in person, by telephone, text or email, or via our website. However, we may also collect information:
- From publicly accessible sources (e.g., property records);
- Directly from a third party (e.g., sanctions screening providers, credit reporting agencies, or customer due diligence providers);
- From a third party with your consent (e.g., your bank);
- From cookies on our website; and
- We may send cookies to your computer in order to uniquely identify your browser and improve the quality of our service. The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive while you are viewing the site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). Persistent cookies can be removed by following your browser help file directions. If you choose to disable cookies, some areas of our services may not work properly or at all.
- Via our IT systems, including:
- Door entry systems and reception logs; and
- Automated monitoring of our websites and other technical systems, such as our computer networks and connections, CCTV and access control systems, communications systems, email and instant messaging systems.
How We Use Your Personal Information.
Under data protection law, we can only use your personal information if we have a legitimate business or commercial reason to use your information, so long as this is not overridden by your own rights and interests, for example:
- To perform legal services for our clients, administer their files and to bill for and collect payments for those services;
- For research and development purposes, such as improving our client services, online services, and business in general;
- To send marketing communications as permitted by law and the State Bar;
- You have the right to opt out of receiving marketing communications at any time by contacting us as firstname.lastname@example.org.
- To comply with our legal and regulatory obligations;
- For the performance of our contract with you or to take steps at your request before entering into a contract;
- Where you have given consent; or
- For other legitimate interests consistent with this policy or that are explained to you at the time of collection of your personal information.
We do not “sell” (as defined under the CCPA) the personal information we collect (and we will not sell it without providing you a right to opt out).
Who We Share Your Personal Information With.
We may disclose your personal information for legitimate business purposes with:
- Our affiliates;
- Services providers we use to help deliver our services and operate our business, such as payment service providers, IT and software services, and cyber security services;
- Other third parties we use to help us run our business, such as website hosts;
- Government authorities, law enforcement agencies, courts, and other institutions in order to comply with our legal and regulatory obligations;
- Our professional advisors (e.g., lawyers, accountants, bankers and other outside professional advisors) in connection with the services they provide to us; and
- Transaction participants, such as potential buyers of some or all of our business or during a re-structuring.
California Privacy Rights.
You have the following rights under the CCPA:
- You have the right to know:
- The categories of personal information we have collected about you;
- The categories of sources from which the personal information is collected;
- Our business or commercial purpose for collecting or selling personal information;
- The categories of third parties with whom we share personal information, if any; and
- The specific pieces of personal information we have collected about you.
- Please note that we are not required to:
- Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;
- Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or
- Provide the personal information to you more than twice in a 12-month period.
- In connection with any personal information we may sell or disclose to a third party for a business purpose, you have the right to know:
- The categories of personal information about you that we sold and the categories of third parties to whom the personal information was sold; and
- The categories of personal information that we disclosed about you for a business purpose.
- You have the right to opt-out of the sale of your personal information. If you exercise your right to opt-out of the sale of your personal information, we will refrain from selling your personal information, unless you subsequently provide express authorization for the sale of your personal information. Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
- Delete your personal information from our records; and
- Direct any service providers to delete your personal information from their records.
- Please note that we may not delete your personal information if it is necessary to:
- Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
- Debug to identify and repair errors that impair existing intended functionality;
- Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
- Comply with the California Electronic Communications Privacy Act;
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
- Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
- Comply with an existing legal obligation; or
- Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
- You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things:
- Deny goods or services to you;
- Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
- Provide a different level or quality of goods or services to you; or
- Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
You may submit a request to exercise your information, access or deletion rights under the CCPA by writing to us at: Schinner & Shain, LLP, 96 Jessie Street, San Francisco, California 94105, or contacting us by e-email at: email@example.com. Please note that you are limited to two information requested during each 12-month period. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. We may require government identification to confirm your California residency. In certain cases, we may be required or permitted by law to deny your request.
The categories of personal information that we collect, the sources from which we collect them, and the business purposes for which we use them are described above. These categories include identifiers, commercial information, financial data, internet activity information and professional or employment-related information as described in Section 1798.140(o) of the CCPA.