Boutwell Fay LLP (“Firm” or “We”) respects your privacy and is committed to protecting it through our compliance with this policy.

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WELCOME

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Effective Date: June 30, 2023

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This policy describes the types of information we may collect from you or that you may provide when you visit the website boutwellfay.com (our "Website"), as well as information we may collect through our other business dealings, as well as our practices for collecting, using, maintaining, protecting, and disclosing that information.

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This policy applies to information we collect:

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• On this Website.

• In email, text, and other electronic messages between you and this Website.

• In handling legal work on behalf of our clients.

• For marketing purposes.

 

It does not apply to information collected by:

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• Any third party, including through any application or content (including advertising) that may link to or be accessible from the Website, unless otherwise noted.

 

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it.  If you do not agree with our policies and practices, your choice is not to use our Website.  By accessing or using this Website, you agree to this privacy policy, and our Terms and Conditions of Use of this Website, which can be found here.  This policy may change from time to time (see Changes to our Privacy Policy, located near the end of this privacy policy).  Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

 

Notice to California Residents

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Additional privacy policies, specifically developed and maintained for California residents, are found within this Privacy Policy. 

 

No Creation of an Attorney-Client Relationship

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The Submission of an e-mail or any other information through the Website will not create an Attorney-Client relationship between you and the Firm. Any information that you provide to us through the Website may not be treated as privileged or confidential or an attorney-client communication. Please do not send any confidential or sensitive information to us unless you speak with one of our attorneys and obtain prior written authorization to send such information to us. Please refer to our Terms and Conditions of Use of this Website, which can be found here.

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INFORMATION WE COLLECT ABOUT YOU

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What We Collect on Website and How We Collect It

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We collect several types of information from and about users of our Website, including information:

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• By which you may be personally identified, such as name, postal address, e-mail address, and telephone number ("identifying information");

• About your internet connection, the equipment you use to access our Website, and usage details;

• Such other information we may request that you send to us to fulfil our duties.

 

We collect this information:

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• Directly from you when you provide it to us.

• Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies and other tracking technologies.

• From third parties, for example, our website management vendor.

 

What We Collect Outside of this Website and How We Collect It

 

We collect several types of information separate and apart from this Website - from and about our clients and potential clients, including information:

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• Identifying information including, but not limited to, information by which you may be personally identified;

• Marketing information;

• Such other information we may request that you provide us to fulfil our duties.

• Privileged and non-privileged information in the scope of representation of Firm clients.

 

We collect this information:

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• Directly from you when you provide it to us;

• From third parties.

 

What We Collect Through Automatic Data Collection Technologies

 

As you navigate through and interact with our Website, our third-party vendor may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

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• Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.

• Information about your computer and internet connection, including your IP address, operating system, and browser type.

 

The information collected automatically may include identifying information.  It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

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• Estimate our audience size and usage patterns.

• Store information about your preferences, allowing us to customize our Website according to your individual interests.

• Speed up your searches.

• Recognize you when you return to our Website.

• Identify individual preferences for marketing purposes.

 

The technologies used for this automatic data collection may include:

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• Cookies, or browser cookies.  A cookie is a small file placed on the hard drive of your computer.  You may refuse to accept browser cookies by activating the appropriate setting on your browser.  However, if you select this setting you may be unable to access certain parts of our Website.  Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

• Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website.  Flash cookies are not managed by the same browser settings as are used for browser cookies.  For information about managing your privacy and security settings for Flash cookies, see the section entitled Choices About How We Use and Disclose Your Information, found below.

• Web Beacons. Pages of our the Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Firm, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

 

Third-Party Use of Cookies and Other Tracking Technologies

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Some content or applications, including advertisements, on the Website or linked on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies, alone or in conjunction with web beacons or other tracking technologies, to collect information about you when you use our Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services.  They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

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We do not control these third parties' tracking technologies or how they may be used.  If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.  For information about how you can opt out of receiving targeted advertising from many providers, see the section entitled Choices About How We Use and Disclose Your Information, found below.

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WHAT HAPPENS TO YOUR INFORMATION

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How Your Information is Used

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We use information that we collect about you or that you provide to us, including any identifying information:

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• To present our Website and its contents to you.

• To provide you with information, products, or legal services that you request from us.

• To fulfill any other purpose for which you provide it.

• To create aggregated, de-identified information for our internal use (for instance, usage data to  improve the Website or creating demographic metrics for marketing purposes).

• To notify you about changes to our Website or any products or services we offer or provide though it.

• In any other way we may describe when you provide the information.

• For any other purpose with your consent.

 

Disclosure of Your Information

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We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

 

We may disclose identifying information that we collect or you provide as described in this privacy policy:

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• To third party vendors, experts and consultants in the course of providing legal services to clients of the Firm.

• To our outside marketing consultant(s).

• To other service providers, and third parties we use to support our business.

• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Firm’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Firm about our Website users is among the assets transferred.

• To fulfill the purpose for which you provide it.

• For any other purpose disclosed by us when you provide the information.

• With your consent.

 

We may also disclose your identifying information:

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• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

• To enforce or apply our Terms and Conditions of Use of this Website and other agreements.

• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Firm, our clients, or others.  This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

 

Data Security

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• We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.  All information you provide to us is stored on our secure servers behind firewalls.

• Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website.  Any transmission of personal information is at your own risk.  We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

 

Your Choices About How We Use and Disclose Your Information

 

We strive to provide you with choices regarding the identifying information you provide to us.  We have created mechanisms to provide you with the following control over your information:

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• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent.  To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website.  If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

• Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by checking the relevant box located on the form on which we collect your data.  You can also always opt-out by sending us an email with your request to attorneys@boutwellfay.com.

• Promotional Offers from the Firm. If you do not wish to have your contact information used by the Firm to promote our own or third parties' products or services, you can opt-out by checking the relevant box located on the form on which we collect your data or by sending us an email stating your request to privacy@ndlf.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.

 

We do not control third parties' collection or use of your information to serve interest-based advertising.  However these third parties may provide you with ways to choose not to have your information collected or used in this way.  You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

 

ADDITIONAL PRIVACY RIGHTS

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You may have additional rights and choices related to identifying information and other types of personal information depending on where you live.  Please see Your California Privacy Rights, found below, for more information.

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Your California Privacy Rights

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If you are a California resident, California law may provide you with additional rights regarding our use of your identifying information and other types of personal information.  To learn more about your California privacy rights, see the following portions of this privacy policy.

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California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.  To make such a request, please send an email to attorneys@boutwellfay.com or write us at: Boutwell Fay LLP, Attn: Managing Partner, 19712 MacArthur Blvd.

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This privacy notice for California residents supplements the information contained in the previous portions of this privacy policy and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you").  Please note this the Company does not meet the requirements to be subject to California Consumer Privacy Act of 2018 ("CCPA") as amended as of the Effective Date, and as such, has no obligations to respond to consumer inquiries or requests under the "CCPA." 

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Notice To European Union Residents

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As a European Union Resident, you enjoy certain protections under the Global Data Protection Regulation or GDPR. The GDPR is a new piece of legislation applying to users residing within the European Union.  In compliance with the GDPR, We want to inform you regarding the following:

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1. Personal Data We Collect

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In this Policy, “Personal Data” means any information relating to an identified or identifiable individual. We may collect Personal Data about you per our description above under "Information we Collect About You." 

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2. How We Use Personal Data

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We use the Personal Data we collect for the purposes we list under "How Your Information is Used." 

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3. Legal Basis for the Processing of Personal Data

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We rely on a legal basis to process your Personal Data, including:

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• Consent. You have consented to the use of your Personal Data, for example to send you electronic marketing communications or for the use of certain cookies.

• Contract. We need your Personal Data to provide you with our Website and to respond to your inquiries.

• Legal Obligation. We have a legal obligation to use your Personal Data, for example to comply with tax and accounting obligations.

• Legitimate Interest. We or a third party have a legitimate interest in using your Personal Data, for example we have a legitimate interest in using your Personal Data for product development and analytics purposes. We only rely on this legal basis when our or a third party’s legitimate interests are not overridden by your rights and interests.

 

4. How We Disclose Personal Data

 

We may disclose Personal Data about you in the following circumstances:

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• Group Entities. We may disclose Personal Data about you to our affiliates and subsidiaries.

• Service Providers. We work with third-party service providers to provide services such as hosting, payment processing, maintenance, and support. These third parties may have access to or process your Personal Data as part of providing those services to us.

• Legal. We may disclose your Personal Data if we believe, in good faith, that this is appropriate (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations; (f) to protect our rights, privacy, safety, or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

• Merger. Information about our users, including Personal Data, may be disclosed and otherwise transferred to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.

• Aggregated Information. We may use and disclose aggregated or otherwise de-identified information for any purpose, unless we are prohibited from doing so under applicable law.

 

5. Your Rights and Choices

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Unless otherwise provided under applicable law, you have the following rights:

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• Access and Portability. You may ask us to provide you with a copy of the Personal Data we maintain about you, including a machine-readable copy of the Personal Data that you have directly provided to us, and request information about its processing.

• Rectification and Deletion. You may ask us to update and correct inaccuracies in your Personal Data, or to have the information anonymized or deleted, as appropriate.

• Restriction and Objection. You may ask us to restrict the processing of your Personal Data, or object to such processing.

• Consent Withdrawal. You may withdraw any consent you previously provided to us regarding the processing of your Personal Data, at any time and free of charge. We will apply your preferences going forward and this will not affect the lawfulness of the processing before you withdrew your consent.

• Complaint. You may lodge a complaint with a supervisory authority, including in your country of residence, place of work, or where an incident took place.

 

You may exercise these rights by contacting us using the contact details at the end of this Policy. Note that there are exceptions and limitations to each of these rights, and that we may nevertheless retain Personal Data about you where we reasonably believe that we have a legitimate reason to do so.

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6. International Data Transfers

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We may transfer your Personal Data outside of Europe and, in particular, to USA and other non-European countries, where the level of protection of Personal Data may be different than in your country. If we do so, we will comply with applicable data protection laws, in particular by relying on an EU Commission adequacy decision, rely on contractual protections for the transfer of your Personal Data, on Binding Corporate Rules or on the EU-U.S. Privacy Shield framework. For more information about how we transfer Personal Data outside of Europe, or to obtain a copy of the contractual safeguards we use for such transfers, please contact us as specified below.

 

7. Data Security and Data Retention

 

We use physical, managerial, and technical safeguards that are designed to improve the integrity and security of Personal Data that we collect, maintain and otherwise process. We take measures to delete your Personal Data or keep it in a form that does not permit identifying you when this information is no longer necessary for the purposes for which we process it, unless we are required by law to keep it for a longer period. When determining the retention period, we take into account various criteria, such as the type of products or services provided to you, the nature and length of our relationship with you, mandatory retention periods and the statute of limitations.

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8. Third-Party Services

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Our Website may contain features or links to websites and services provided by third parties. Any information you provide via these websites or services is provided directly to these third-party operators and is subject to their privacy policies, even if accessed through our Services. We encourage you to learn about these third parties’ policies before providing them with your Personal Data.

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9. Changes and Updates to this Policy

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We may update this Policy from time to time to reflect changes in our privacy practices. If we modify this Policy, we will indicate the date of the latest revision above.

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10. Our Contact Information

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Boutwell Fay LLP is the entity responsible for the processing of your Personal Data. If you have any questions or comments about this Policy, our privacy practices, or if you would like to exercise your rights with respect to your Personal Data, please contact us by email to attorneys@boutwellfay.com and include “Privacy Notice” in the subject line. You may also contact us by mail using the details provided below: 

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Boutwell Fay LLP

Attn: Managing Partner

19712 MacArthur Boulevard, Suite 222

Irvine, CA 92612

 

MISCELLANEOUS

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Contact Information

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If you have any questions or comments about this notice, the ways in which the Firm collects and uses your information described herein, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

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Phone: (949) 660-0481

Website: www.boutwellfay.com

Email: attorneys@boutwellfay.com

 

Postal Address:

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Boutwell Fay LLP

Attn: Managing Partner

19712 MacArthur Boulevard, Suite 222

Irvine, CA 92612

 

Other Webistes

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You understand that we may link to third party websites and platforms on the Website.  Our privacy policy only applies to our own Website.  If you click on a link to another website or platform, you should review that website or platform's privacy policy.   

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Governing Law

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This Privacy Policy is governed by, and construed under, the laws of the United States of America and the laws of the State of California, excluding its choice of law provisions.

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Changes to Our Privacy Policy

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The Firm reserves the right to amend this privacy policy at our discretion and at any time.

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It is our policy to post any changes we make to our privacy policy on this page.  If we make material changes to how we treat our users' identifying and/or personal information, we will notify you through a notice on the Website home page.  The date the privacy policy was last revised is identified at the top of the privacy policy.  You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.  Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

 

 

Please be aware that we do not accept or process requests through other means (e.g., via fax, social media, phone, etc.)

 

© 2023 Boutwell Fay LLP. All Rights Reserved.

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