- what personally identifiable information we collect from you through our Website,
- how the information is used,
- with whom the information may be shared,
- what choices are available to you regarding collection, use and distribution of the information,
- the kind of procedures we employ in an effort to hinder the unauthorized access, use or disclosure of information you provide to us,
- information related to third-party websites,
- the laws that apply to those accessing the Website
- rights related to the European Union’s General Data Protection Regulation
- rights related to California Consumer Privacy Act
THE INFORMATION WE COLLECT
Personal Information You Provide: The Website allows you to send personally identifying information or any other information of your choice to Perlman & Perlman on a voluntary basis, as more particularly described below. Please do not send confidential information to us directly through the website, or by email to any of the contact email addresses listed on the Website.
e-Newsletter; Client Alerts: If you subscribe to our e-newsletter and client alerts, you will be asked to provide us with your email address, your first and last name, and the city and state in which you reside. You may unsubscribe from the mailing list at any time, by using the link provided in your confirmation email, or in any subsequent email you receive from us.
Blogs: We provide the ability for you to comment on our blogs. In order to leave a comment on one of our blogs, you will be required to provide your name and email address. We will give you the option to provide your website and any other information you would like to provide in your comment.
Contact Us: If you contact us through any of the contact form options on the Website, we will ask that you provide your name and email address, and you will have the option to provide additional information in your communication with us. We will use the information you provide to contact you back and to respond to your inquiries.
Non-Personal Information We Collect by Automated Means: Additionally, we automatically log certain non-personally identifying information through third-party providers, which we use to help analyze how users use the website. These third-party providers may employ cookies, web beacons, or other online tools to collect aggregate and anonymized standard Internet log information and visitor behavior information. The information logged may include the IP address of your computer, your browser type and operating system, type of mobile device used to access the website (if applicable), entry and exit points for our website (referring URLS or domains), your location by country, site traffic statistics, and page views. This aggregate information generally will not be associated with any personally identifying information that you provide, or be used to personally identify you, or correlated to you individually for external purposes. This information is then used to evaluate visitors’ use of the website, to compile aggregate statistical reports on website activity for Perlman & Perlman, and to provide other services relating to Website activity and internet usage, which we use to improve our Website. Our third-party providers may retain aggregate, anonymized data gathered from the Website.
Do Not Track Notice
Some web browsers incorporate a “Do Not Track” feature that signals to websites that you visit that you do not want to have your online activity tracked. How browsers communicate and respond to the Do Not Track signal is not yet uniform. For this reason, like many web websites, the Website do not currently respond to or alter their practices in response to a Do Not Track signal.
WHAT WE DO WITH YOUR INFORMATION: We use the personal information that you provide to us in order to respond to queries and requests for information submitted through the Website, including requests to subscribe to our mailing list, and to validate comments submitted to our blog. We may maintain records of personal information you provide to us, and we may use your information to contact you, if necessary. If you provide us with your email address, or subscribe to our mailing list, we may from time to time send you emails or other communications that we believe may be of interest to you. You may at any time “opt-out” from receiving future communications from Perlman & Perlman by using the “unsubscribe” link provided in every email communication, or by sending an email to email@example.com.
The personally identifying information we collect when you comment on our blog or sign up to receive our newsletter may be disclosed to and retained by third-party service providers who provide tools and services that enable us to send newsletters, client alerts, and other informational emails which we believe will be of interest to you, and to provide other services which will improve our Website and enhance the user experience.
We will not disclose your personal information to third-party marketers. However, we reserve the right to disclose information that you provide to us – and any non-personal information that is automatically collected by automated means when you use the Website – to our employees, contractors, agents, designee or others in order to enable them to respond to your queries or to provide services related to your use of the Website, such as Website or server maintenance. Additionally, we reserve the right to disclose your personal information where we believe we are required to do so for any of the following reasons: (i) to comply with a subpoena, legal process, or government request; (ii) to comply with a legal obligation; (iii) to prevent, investigate, or prosecute any attack on the Website or on the Perlman & Perlman network; and/or to protect the rights or property of Perlman & Perlman, visitors to the Website, or the public. In the event that Perlman & Perlman merges with or sells its assets to another firm, we reserve the right to disclose any information to the successor firm.
CONFIDENTIAL/PRIVILEGED INFORMATION: Please do not send information which is privileged or confidential through the Website, or by email to any of the contact email addresses listed on the Website. Sending information through this Website does not create an attorney-client relationship, and any information received will not necessarily be subject to the attorney-client privilege, or otherwise be treated as privileged or confidential.
CHILDREN’S PRIVACY: We do not knowingly collect, use, or disclose personally identifiable information about visitors under 13 years of age. If you are the parent or guardian of a child under 13 years of age and believe that they have disclosed personally identifiable information to us, please contact us at firstname.lastname@example.org so that we may delete your child’s information.
THIRD PARTY WEBSITES: We may provide links to third-party websites as a service to you. We also provide links to a variety of third-party social media – such as LinkedIn, Twitter, and Facebook – as a service to you, and in order to provide you additional information and/or content related to the work that we do, or additional venues in which you can learn about and discuss the activities of our Firm. Please be aware that personal information that you may disclose on social networking sites may be visible to anyone visiting those sites and may be collected and used by third parties. Please be aware that we have no affiliation with these other social media sites, and cannot control and are not responsible for the information collection, use, and disclosure practices of such sites; we encourage you to review and understand their privacy practices and policies, if any, before providing any personally identifying information to them or using any of their services. We are not responsible for the content or information of these sites, any products or services that may be offered through them, or any other use of the websites.
SECURITY OF INFORMATION SUBMITTED: Please remember that any use of the Internet and computers includes inherent risks. Thus, while we have established and maintain what we believe to be reasonable procedures to protect the confidentiality, security, and integrity of personally identifying information obtained through the website and we strive to protect your Personal Data, we cannot ensure or warrant the security of any information you transmit to us. Therefore, you understand, acknowledge, and agree that you transmit certain Personal Data over this website at your own risk.
CALIFORNIA PRIVACY RIGHTS
If you are a California resident, you may have certain rights under California law, including but not limited to the California Consumer Privacy Act of 2018 (“CCPA”). This California Privacy Statement (“CA Privacy Statement”) supplements the information contained in the Perlman Compliance Group Privacy Notice above and applies solely to visitors, users, and others who reside in the State of California (“CA Resident(s)”, “you” or “your”). Any terms defined in the CCPA have the same meaning when used in this CA Privacy Statement.
Your Rights and Choices
The CCPA provides CA Residents with specific rights regarding their Personal Information. The CCPA defines Personal Information as any 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” (hereinafter, “PII”). This CA Privacy Statement describes your CCPA rights in relation to our use of your PII, and explains how to exercise those rights.
Right to Know/Access.
As a California Resident, you have a right to know:
- The categories of PII we have collected, sold, or disclosed for business purposes about you;
- The categories of sources from which we collected your PII;
- The business or commercial purpose for collecting or sharing your PII;
- The categories of third parties with whom we have shared, sold, or disclosed for business purposes your PII; and
- The specific pieces of your PII we have collected.
As part of your “right of access”, you have the right to request that we provide your PII to you. Once we receive and confirm your “verifiable consumer request” (as describe below) we will provide the PII we have collected and currently hold to you in a “portable” and, to the extent technically feasible, in a readily usable format.
Right of Deletion
As a California Resident, you have a right to request that we delete the PII we have collected from or about you, subject to certain exceptions. Once we receive and confirm your verifiable request (as described below), we will delete (and ask our service providers to delete) your PII from our records, unless an exception applies.
Please note, we may deny your deletion request if retaining the information is necessary for us or our service providers to:
- Complete the transaction for which we collected the PII, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Process To Submit A Request
To submit a verified request for your PII you may email us at [ ].
Verification; Verification Method
Only you – or a person registered with the California Secretary of State that you authorize to act on your behalf – may make a verifiable consumer request related to your PII. You may also make a verifiable consumer request on behalf of your minor child. In order to ensure we do not inadvertently delete your PII based on a fraudulent request, we will verify your identity before we respond to your request. To verify your identity, we will generally match the identifying information provided in your request with the information we have on file about you. Depending on the sensitivity of the PII requested to be deleted, we may also utilize more stringent verification methods to verify your identity, including but not limited to requesting additional information from you. Please note you may only make a verifiable request for access (and data portability) twice within a 12-month period. To be considered a verifiable consumer request, you must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected PII or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with PII if we cannot verify your identity or authority to make the request and confirm the PII relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use PII provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your PII that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Right to Opt-Out
As a California resident, you have the right to opt-out of the sale of your PII to third parties. To exercise this right, please click here https://www.perlmanandperlman.com/contact/
Right of Non-Discrimination
You have a right to exercise your rights under the CCPA without suffering discrimination. Accordingly, we will not discriminate against you in any way if you choose to exercise your rights under the CCPA. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
If you are a California resident under the age of 18, California Business and Professions Code § 22581 permits you to request and obtain removal of content or information you have publicly posted on our Website. To make such a request, please send an email with a detailed description of the specific content or information to [INSERT]. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and there may be circumstances in which the law does not require or allow removal even if requested.
Shine The Light
California Civil Code § 1798.83 permits you to request information regarding the disclosure of your PII by us to third parties for their direct marketing purposes. To make such a request, please send an email to [INSERT] or write us at: [INSERT]. Please be sure to include “California – Shine The Light Request” in the subject line.
Information We Collect
As noted above, we do collect certain PII. In the table below we have indicated those categories of PII that we have collected from California Residents within the last twelve (12) months:
|A. Identifiers.||May include: A 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.||YES|
|B. PII categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||May Include: 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. Some PII included in this category may overlap with other categories.||YES|
|C. Protected classification characteristics under California or federal law.||May Include: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).||NO|
|D. Commercial information.||May Include: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||NO|
|E. Biometric information.||May Include: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.||NO|
|F. Internet or other similar network activity.||May include: Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.||YES|
|G. Geolocation data.||May include: Physical location or movements.||NO|
|H. Sensory data.||May include: Audio, electronic, visual, thermal, olfactory, or similar information.||NO|
|I. Professional or employment-related information.||May include: Current or past job history or performance evaluations.||NO|
|J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).||May include: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||NO|
|K. Inferences drawn from other PII.||May Include: Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||NO|
Please note that PII does not include:
- Publicly available information from government records.
- De-identified or aggregated consumer information.
PCG obtains the categories of PII listed above from the following categories of sources:
- Directly from you when you use our Website. For example, from forms you complete or products and services you purchase.
- Indirectly from you when you use our Website. For example, from tracking your actions on our Website (as further described in our Privacy Notice or through information we collect in the course of providing services).
- Directly and indirectly from activity when you use our Website.
- Directly from our clients/customers or their agents. For example, from documents that our clients provide to us related to the services for which they engage us.
- Indirectly from our clients/customers or their agents. For example, through information we collect from our clients in the course of providing services to them.
Use of PII
We may use or disclose the PII we collect for one or more of the following business purposes:
- To fulfill or meet the reason for which the information is provided.
- For marketing purposes.
- To provide you with information, products or services that you request from us.
- To provide you with content, and other notices, events or news, that may be of interest to you.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing.
- To improve our Website and present its contents to you.
- As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your PII or as otherwise set forth in the CCPA.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which PII held by us is among the assets transferred.
We will not collect additional categories of PII or use the PII we collected for materially different, unrelated, or incompatible purposes without providing you notice.
We will share your PII with our parent company, Perlman & Perlman, LLP. We may also disclose your PII to a third party for a business purpose. When we disclose PII for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that PII confidential and not use it for any purpose except performing the contract.
In the preceding twelve (12) months, we have disclosed the following categories of PII for a business purpose:
Category A: Identifiers.
Category B: California Customer Records PII categories.
Category F: Internet or other similar network activity.
We disclose your PII for a business purpose to the following categories of third parties:
- Our affiliates.
- Service providers.
- Third parties to whom you or your agents authorize us to disclose your PII in connection with products or services we provide to you.
In the preceding twelve (12) months, we have not sold any PII.
If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your PII, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
Phone: 212 889-0575
Postal Address: 521 Fifth Avenue, 30th Floor, New York, NY 10175 United States
EUROPEAN UNION AREA, SWITZERLAND AND UNITED KINGDOM USERS
The following provisions applies only to users residing in the European Union Area (“EEA”), Switzerland and the United Kingdom (“UK”).
Please note, pursuant to the EU General Data Protection Regulation (“GDPR”), we are required to provide those residing in the EEA, Switzerland and the United Kingdom (hereinafter, the “EU Users”) additional information and rights related to the “Personal Data” we collect about them. We summarize such information and rights below.
For the purposes of this GDPR Privacy Notice section, “Personal Data” means any information relating to an identified or identifiable person.
INFORMATION RELATED TO THE WEBSITE OWNER
Perlman & Perlman, LLP (the Data Controller) is the owner and operator of the Website. Perlman & Perlman is a nonprofit law firm specializing in nonprofit law and nonprofit compliance.
PURPOSE FOR INFORMATION COLLECTION
LEGAL GROUNDS FOR PROCESSING PERSONAL DATA
Perlman & Perlman will process Personal Data that we receive from EU Users on the ground that it is in our legitimate interest for the effective administration of the Website, or to fulfill and/or address your requests, as further described above. In addition, we may use Personal Data for the following purposes, in each case as justified by a “legal basis”:
- Fulfillment of services
We may use Personal Data to enable us to perform the services, respond to your requests and deliver our services, to provide legal advice and related services for which you have engaged us, verify your identity, and carry out requests made by you on the Website or in relation to our services.
- What is our legal basis?
This processing is necessary for our compliance with legal obligations (including our professional and ethical duties as attorneys).
- What is our legal basis?
- Client services
We may use Personal Data to provide and operate our Website, to communicate with you about your use of the Website and services, to respond to inquiries, to fulfill your requests, to bill you for our services, to collect payments, and to provide other client service and support.
- What is our legal basis?
This processing is necessary to establish, exercise or defend our legal claims and rights. It is in our legitimate interest or a third party’s legitimate interest to use your Personal Data in such a way to ensure that we provide the very best client service we can to you or others and comply with our professional and ethical duties as attorneys, consistent with applicable law.
- What is our legal basis?
- Business administration and legal compliance
We use Personal Data for business administration and legal compliance purposes, including:
- To perform and maintain information for the purposes of performing conflicts of interest searches.
- To comply with our legal obligations.
- To maintain our records.
- What is our legal basis?
This processing is necessary to comply with EU legal obligations imposed upon us. In some cases, this processing will be necessary to perform a contract to which you are a party.
- Marketing and promotions
We may use Personal Data for marketing and promotional purposes, such as to send you news and newsletters.
- What is our legal basis?
It is in our legitimate interest to use your Personal Data for marketing purposes in order to develop and grow our business.
- What is our legal basis?
SHARING YOUR PERSONAL DATA
YOUR PERSONAL DATA AND YOUR CHOICES; WITHDRAWAL OF CONSENT
GDPR provides EU Users with additional rights in respect to the Personal Data we hold about you, including
How to access your information and your other rights
- The right of access
If you ask us, we will confirm whether we are processing your Personal Data and, if necessary, provide you with a copy of that Personal Data (along with certain other details).
- Your right to correction (rectification)
If the Personal Data we hold about you is inaccurate or incomplete, you are entitled to request to have it corrected.
- Your right to erasure
You can ask us to delete or remove your Personal Data in some circumstances, such as where we no longer need it or if you withdraw your consent (where applicable).
- Your right to data portability
You have the right, in certain circumstances, to receive a copy of Personal Data we’ve obtain from you.
- Your right to withdraw consent
If we rely on your consent (or explicit consent) as our legal basis for processing your Personal Data, you have the right to withdraw that consent at any time.
- Your right to lodge a complaint with the supervisory authority
If you have a concern about any aspect of our privacy practices, including the way we’ve handled your Personal Data, you can report it to the relevant supervisory authority.
We will respond to any such above requests within a reasonable time-frame.
Some of these rights may be in circumstances in which we are not legally required to comply with your request because of the laws in your jurisdiction or because of exemptions provided in data protection legislation in general, and GDPR in particular, or where the Personal Data may be exempt from disclosure due the applicable rules of professional conduct, attorney-client privilege, legal professional privilege, other applicable privileges or protections, or professional secrecy obligations
Please also note we may need to retain certain Personal Data for record keeping purposes, and there may also be residual Personal Data that will remain within our databases and other records, which will not be removed from such locations. Additionally, please note that we are not responsible for removing or deleting information from the databases of third parties (such as service providers) with whom we have shared information about you, but we will make the request on your behalf for such removal/deletion.
CHILDREN’S PRIVACY/NOTE TO PARENTS OF CHILDREN RESIDING IN THE EEA, SWITZERLAND AND UK
The Website does not intentionally or knowingly collect, use, or disclose personally identifiable information about visitors to our Website that are less than 16 years of age. If a child under the age of 16 submits information to us through any part of the Website and SM becomes aware that the user submitting the information is under the age of 16, the information provided will be deleted as soon as it is discovered and not used for any purpose. If you are the parent or guardian of a child under 16 years of age and believe that they have disclosed Personal Data to us, please contact us at the address below and be sure to include in your message the same user name and password and/or email address that you believe your child submitted, if applicable: