Privacy Policy:
Effective July 1, 2007
Most recent revisions: July 31, 2020
Bierce & Kenerson, P.C. is a law firm which offers its services in the U.S. and abroad. We have a professional and ethical duty to comply with applicable data protection laws. This Privacy Policy discloses how the firm, as a data collector, collects, protects, uses and shares personal information gathered about you, in association with the operation of our Web site [www.biercekenerson.com] and all of our HTML-formatted email communications (collectively, Digital Services) that link to this Privacy Policy.
This Privacy Policy describes:
The types of information we collect
How we use and share the information
Third-party services and content
Protection and storage of the information
Your choices and rights
Changes to this Privacy Policy
How to contact us
The types of information we collect
We collect your personal information when you provide it to us. This is any information which can be used to identify you or to link to you. We may also automatically collect information when you use, access or interact with our Digital Services.
Personal Information You Provide
You can use our Web site without your divulging any personally identifiable information. Personally identifiable information is any data which can be used to identify you, such as your name, e-mail, address and other data. You may provide us with personally identifiable information on a voluntary basis, for example, when subscribing to one of our newsletters or requesting more information to be sent to you about Bierce & Kenerson, P.C. or when you hire us to provide services for yourself, your business or other entity. We may also add the information you provide to our databases, subscriber lists, and/or contact lists. In the event you do not want to submit personal information online via our Web site, you may contact us directly by writing or calling the contact information provided below.
Information which is collected automatically
When you visit our Web site, we use third party services, including Google Analytics and other technologies (collectively, “Cookies”), to collect and store general data, which may include your domain name, your general geographic location as indicated by your IP address, the name of the Web page from which you entered our Web site, time of visit, whether you are a repeat visitor, which pages you visit on our Web site, how much time you spend on each page, the search terms you enter and other non-personal data..
These “cookies” help personalize your online experience, such as recognizing your computer as a repeat visitor and making our website more customizable to you. A cookie is a data file sent by our Web server and received and stored by your computer in a file located inside your Web browser. Cookies generally collect non-personal data.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. You also have the option of opting out of Google Analytics; see Google page.
How we use and share information
We may use the information we collect to:
• Respond to your inquiries, provide you with legal and other services you request
• Send you newsletters, materials, marketing communications and other information which may be of interest to you
• Monitor use of and improve our Web site through analysis of the data
• Assess the effectiveness of our events, promotional campaigns and publications
• Comply with our legal and ethical obligations and protect our rights including to maintain professional records.
We may also disclose information we collect:
• To our third-party service providers that perform services on our behalf, such as web-hosting companies, mailing vendors, analytics providers, event hosting services, and information technology providers. We do not rent or sell to any nonaffiliated companies.
• To law enforcement, other government authorities or third parties (within or outside the jurisdiction in which you reside) as may be permitted or required by the laws of any jurisdiction that may apply to us, as provided for under contract.. In these circumstances, we take reasonable efforts to notify you before we disclose information that may reasonably identify you or your organization, unless prior notice is prohibited by applicable law or is not possible or reasonable in the circumstances.
• As we deem reasonably necessary to provide legal services.
• To service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets.
We rely on the following legal grounds to process your personal information, namely,
Performance of a contract – We may need to collect and use your personal information to enter into a contract with you or to perform a contract that you have with us or an entity associated with you. For example, upon your request, we will use to your personal information to provide you or a client with services.
Consent – Where required by applicable laws, we will rely on your consent for direct marketing and to collect information from your device or computer.
Legitimate Interests – We do not rent, sell, or share personal information about you with third parties or non-affiliated companies except as required by law or in response to a government investigation.
Residents of the European Union.
Hello, Europeans, you much loved (but sometimes misunderstood) data subjects ! We have read the CJEU’s Schrems II decision on July 16, 2020. No more Privacy Shield. Questionable Standard Contract Clauses. Supplementing our other privacy terms here, we assert our compliance with the GDPR by complying under Article 49. By using this website and accessing our services, you are explicitly consenting to the transfer to us (and our use) of your personal data under one or more justifications.
Risk Mitigation. There is no currently valid EU-USA agreement on data protection. “Uncle Sam” can assert jurisdiction over your personal data in our custody under the Foreign Intelligence Surveillance Act and the USA PATRIOT Act of 2001 or similar laws. If the U.S. government wishes to access our computers to get your personal data, there is a risk of our being mandated to disclose. Before disclosing, we intend to assert, if practicable, our rights under the U.S. law to object to disclosure of attorney-client privileged communications, attorney work product or other information protected by attorney privilege. If practicable, we intend to allow you the opportunity to intervene and oppose such disclosure. But we cannot guarantee success. GDPR Art. 49(1)(a).
Necessary Transfers of Data. We believe that transfers of your personal data are necessary for the performance of an attorney-client services agreement or for pre-contractual measures, when we are engaged to provide services (or you want to inquire about it), or for our delivering legal services in your interest and need to disclose to a third party to do so. GDPR Art. 49(1)(b) and (c).
Legal Claims. We believe our use of your personal data is necessary for the establishment, exercise or defense of legal claims relating to your rights and obligations or to protect your vital interests. GDPR Art. 49(1)(e) and (f).
Third-party services and content
Our Web site may include integrated content or links to content provided by third parties, This Privacy Policy does not address the privacy, security, or other practices of the third parties that provide such content. We are not responsible for the content, accuracy, or practices of these sites nor do we endorse these sites or content provided thereon. We encourage you to review their policies.
Third party vendors who perform services on our behalf, such as Google Analytics, and may use their technologies to track your online activities. You may have the option to opt out or have your web browser decline cookies.
Protection and storage of information
To prevent unauthorized access to your personal data, maintain data accuracy, and ensure the correct use of information, we have put in place physical, technical and administrative safeguards to comply with regulatory requirements and secure the information we collect through our Web site. However, no information system is 100% secure. So, we cannot guarantee the absolute data security or your information. Nor can we be responsible for the security of information you transmit to us over networks which we do not control, such as the internet and wireless networks.
Your choices and your rights
If you no longer wish to receive marketing communications from us, you can send us an e-mail from our Contact page. Subject to applicable data protection laws, you may have certain rights regarding the information we have collected that it related to you. You may ask to see the personal information we hold about you, erase your personal information, subject to our rights to retain personal data for ethical, professional, contracted or our risk management purposes.
Changes to this Privacy Policy
The effective date of the most recent Privacy Policy is noted at the top of this Privacy Policy. We may update this policy from time to time. We encourage you to periodically review this policy. If we make any material changes in the way we collect, use, and/or share information, we will notify you by posting notice of the changes in a clear and conspicuous manner on the Bierce & Kenerson, P.C. Web site. By using the biercekenerson.com site, you signify your agreement with the terms of this Privacy Policy.
How to contact us
If you have any questions about this Privacy Policy, please contact us by e-mail at our Contact page or at the following:
Privacy Department
Bierce & Kenerson, P.C.
420 Lexington Avenue, Suite 1402
New York, New York 10170
E-mail: info@biercekenerson.com
Tel: +1.212.840.0080