PRIVACY POLICY

Last Updated: June 1, 2020

Burns Legal respects your privacy and is committed to collecting, maintaining and using personal information about you responsibly. This Privacy Policy (the “Policy”) applies to all of your use of www.burnslegal.com (the “Site”) including services offered through related sites s, which are together referred to as “Latham Sites”. To the extent that any of those services include specific privacy policies or terms and conditions, they will take priority over this Policy.

This Policy describes how your personal information will be treated as you use the Burns Sites. This Policy does not apply to information provided to us in the course of our attorney-client relationships or which is protected by confidentiality, the attorney-client privilege, the attorney work product doctrine or any other applicable protection. Nothing in this Policy should be understood as creating an attorney-client relationship with visitors to the Latham Sites or, alternatively, to reduce of the protections resulting from such relationships.

1. Information We Collect From You When You Visit Burns Sites

Like many websites, our server logs capture, and we may collect, the following internet or other electronic network activity information: information regarding Burns Sites users’ operating systems, browser software, IP (Internet Protocol) addresses, and the full Uniform Resource Locator (URL) clickstreams to, through and from the Burns Sites, including date and time. We may use this information to improve the services we provide through the Burns Sites, to monitor and improve the performance of our servers, to administer the Burns Sites, and to protect and defend our rights, property or safety or that of our clients and other users of the Burns Sites. We also may collect a the fact that Burns Site visitors’ watched and when they watched programs on the Burns Sites. We log this information to determine which videos Burns Site visitors consider useful.Burns Sites may also use cookies.

2. Information You Submit To Us Through the Burns Sites

You are not required to submit any information to the Burns Sites. However, you may choose to do so by completing forms that may be available on the Burns Sites.  If you join one or more of our mailing lists or otherwise choose to provide personal information to us through the Burns Sites, we will collect, and have in the last 12 months collected, the following information about users of the Burns Sites, first name, last name, email address, phone number, postal address, personal and professional interests; and professional and employment information; and educational information.  We use that information for the purpose for which it was collected and in accordance with the privacy wording on the relevant part of the Burns Sites. In addition, we may use this information to:

  • communicate with you about our business;
  • provide publications, products and services you request;
  • invite you to, and register you for, events;
  • add you to mailing lists and send you marketing materials we believe will be of interest to you;
  • process and respond to requests, enquiries and complaints; and
  • for other purposes and operations which are reasonably related, such as administering, monitoring and improving the Burns Sites, our products, and services.

Your information may be accessed by third party service providers who will process that information solely for our benefit and in accordance with our instructions – see Section 6 below for more information. However, we will not provide your personal information to or share it with any third party for their own marketing purposes except in connection with requests you make that clearly involve third parties. This might include publications produced by third parties or events that are presented or sponsored by third parties. This will be made clear to you before you sign up for the publication or event.

3. Your Rights to Access and Update Your Personal Information

Burns Legal takes appropriate steps to avoid unauthorized changes to personal information you submit to Burns Sites. For so long as Burns Legal elects to continue to provide the Burns Sites, and provided that you comply with all agreements concerning use of these sites, we will make all reasonable efforts to provide you with online access to your registration data and other personal information so that you may view, update or correct it. To protect your privacy and security, we will also take appropriate steps to verify your identity before granting you access or enabling you to make corrections.

We retain information that is collected through Burns Sites only for as long as needed for the purpose for which it was provided, or as otherwise required for our legitimate business purposes. Your information may be retained for longer periods if there are valid legal grounds, for example if required by law or court order or to defend or pursue legal claims.

You may opt out of receiving marketing and market research communications at any time by using the unsubscribe links provided or by contacting us at Paul.burns@burnslegal.com. You may also change your preferences regarding the communications you receive from us here.  For further information on your Rights, see section 10 below.

4. Legal Basis for Processing Your Personal Information

The majority of the personal information collected by Burns Legal is provided by you voluntarily on the Burns Sites, for example when you sign up to join a mailing list or register for an event, and is therefore collected with your permission. The remaining personal information is collected for Burns Legal’s legitimate business purposes, for example to monitor and improve the quality of the Burns Sites and our services, and to protect and defend our rights, property or safety or that of our clients and other users of the Burns Sites.

5. Links

Links to web sites that are not operated by or for Burns Legal (“Third Party Sites”) are provided solely as a convenience to you. If you use these links, you will leave the Burns Sites. This Privacy Policy does not apply to Third Party Sites. We have not reviewed the Third Party sites, do not control and are not responsible for any of their content or their privacy policies, if any. We do not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the Third Party Sites listed on or linked to from Burns Sites, you should understand that you do so at your own risk.

6. Sharing of Information

The entity responsible for the management and use of the Burns Sites and personal information collected from them is Paul E. Burns, P.C. dba Burns Legal in the United States. Burns Sites are operated on servers located in various jurisdictions, including the United States. When you access or use Burns Sites, personal information about you may be transferred outside the country in which you are situated to these other locations.

Burns Legal may also disclose and/or transfer your personal information (i) to its trusted third party service providers (for example, companies that provide systems, web hosting including microsites of the Burns Sites and other IT services; internal and external advisors and auditors); (ii) if required by applicable law; (iii) in connection with a reorganization or combination of our firm with another firm, (iv) if it believes that such disclosure is necessary to enforce or apply its terms of use and other agreements or otherwise protect and defend Burns Legal’s rights, property or safety or that of our clients and other users of the Burns Sites; (v) in order to comply with a judicial proceeding, court order or other legal obligation, or a regulatory or government inquiry; or (vi) with consent.

We may disclose for a business purpose the following categories of personal information: (i) Identifiers (name, email address, phone number, postal address, IP (Internet Protocol) address, personal and professional interests); (ii) Internet or other electronic network activity information (information regarding operating system, browser software, information regarding interaction with the Burns Sites, namely the full Uniform Resource Locator (URL) clickstreams to, through and from the Burns Sites, including date and time, and that programs on the Burns Sites were watched and when they were watched); and (iii) professional and employment information.

Whenever we share personal information about users of Burns Sites with our trusted third party service providers, we will, if required by applicable law, put in place appropriate  standard data protection clauses to protect that information and the rights of individuals.

7. Children’s Privacy

We are committed to complying with the Children’s Online Privacy Protection Act (COPPA). Burns Sites and services are not directed to children under the age of 16. We do not knowingly collect personal information from children under the age of 16. If we receive personal information that we discover was provided by a child under the age of 16, we will promptly destroy such information. Schools and parents should supervise their children’s online activities and consider the use of other means to provide a child-friendly online environment. If you would like to learn more about COPPA, visit the Federal Trade Commission home page at https://www.ftc.gov.

8. Security

Burns Sites use measures that are appropriate to protect your personal information against unauthorized access, improper use or disclosure, unauthorized or unlawful destruction or accidental loss, and all our employees and any third parties that process your personal information on our behalf are obliged to respect the confidentiality of your information., However, we cannot and do not provide any assurance that these measures will be sufficient to protect the information you choose to transmit to Burns Sites.

If you have registered to use online services on one of the Burns Sites, your account details will be password protected. It is your responsibility to keep your password confidential and secure, and to sign out once you have finished browsing. Burns Sites are not designed to store sensitive personal information such as financial, health, criminal, racial or ethnic origin or political affiliation and you should not use Burns Sites for that purpose.

9. Agreement, Changes

By submitting your personal information on the Burns Sites you agree to the collection and use of your personal information on the basis described above. If you do not agree, please do not provide any personal information via the Latham Sites. If we decide to update our Privacy Policy, we will indicate this next to the Privacy Policy link on the front page of our Sites and/or at the top this Privacy Policy. Any information collected under previous versions of our Privacy Policy will then become subject to the terms of our new Privacy Policy.

10. Contacts, Rights

In certain circumstances, subject to certain exceptions and applicable law, you may have the following rights in relation to personal information about you:

  • the right to know (i) the specific pieces of personal information collected; (ii) the categories of personal information; (iii) the categories of sources of the personal information: (iv) the business or commercial purpose for collecting the personal information; (v) the categories of personal information disclosed for a business purpose; and (vi) the categories of third parties with whom the personal information is shared;
  • the right to have personal information corrected, for example if it is incomplete or incorrect;
  • the right to opt out of receiving marketing communications at any time;
  • the right to request that personal information is deleted;
  • the right to restrict or object to the processing of personal information;
  • the right to receive a copy of personal information which you have provided to the firm, in a structured, commonly used and machine-readable format (known as “data portability”);
  • where you have provided personal information voluntarily, or otherwise consented to its use, the right to withdraw your consent;
  • the right not to be discriminated against if you exercise any rights conferred on you by the California Consumer Privacy Act of 2018;
  • the right to complain to a Data Protection Authority (see further below).

If you have an online account, you may access, update and correct your personal information – including your marketing choices – using the account management facilities. You may also opt out of receiving marketing and market research communications at any time by contacting us at paul.burns@burnslegal.com.

Burns Legal does not and will not sell your personal information as defined under the California Consumer Privacy Act of 2018.

If you have a query about this statement or wish to exercise your rights, please send an email to paul.burns@burnslegal.com. California residents may also call 310-990-3232.  You may also appoint an agent to submit a request on your behalf.

Once we receive your request, we will contact you or your agent within the timeframe specified by applicable law to confirm receipt of your request and, if needed, to gather more information about your request. Depending on the nature of the request, additional information may be requested. You or your authorized agent may need to provide the following:

  • Proof of identity and address (e.g., a copy of your driving license or valid passport);
  • If you are acting as an authorized agent, express notarized permission from the individual on whose behalf you are acting;
  • A description of the right(s) you want to exercise and the information to which your request relates.

Please note, we may not be obligated to provide access to personal information or delete any data to the extent that we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on that person’s behalf. Any personal information we collect from you to verify your identity in connection with you request will be used solely for the purposes of verification.

You also have the right to complain to a Data Protection Authority if you believe that your personal information has been collected or used in breach of applicable privacy law. If you are located in the European Union, this will be the Data Protection Authority in the country in which you are located.

11. Data Controller

The data controller for this website is: Paul E. Burns, P.C. dba Burns Legal, 633 West 5th Street, 26th Floor, Los Angeles, California 90071, United States.

If you have any questions about your privacy or this policy, including if you need to access this policy in an alternative format, please email paul.burns@burnslegal.com.