Privacy Policy
Privacy Policy
Updated – June 5, 2024
Thank you for visiting our website. This privacy policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.
Note, the privacy practices set forth in this privacy policy are for this website only. If you link to other websites, please review the privacy policies posted at those sites.
Collection of Information
Automatic Collection:
When you visit our website, we collect certain information automatically. This includes certain data with unique identifiers tied to the browser, application, or device you’re using. This allows us to do things like maintain your preferences across browsing sessions, such as your preferred language or other settings. We collect information about the apps, browsers, and devices you use to access our website. This information includes identifiers like your browser type and settings, device type and settings, operating system, and mobile network information including carrier name and phone number (if you access through a mobile device). We also collect information about the interaction of your apps, browsers, and devices with our services, including IP address, crash reports, system activity, and the date, time, and referrer URL of your request.
Information You Voluntarily Provide.
We collect personally identifiable information, like names, postal addresses, email addresses, phone numbers, etc., when voluntarily submitted by our visitors. As you navigate through and interact with our website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including (i) 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 web site, and (ii) Information about your computer and internet connection, including your IP address, operating system, and browser type.
Cookie/Tracking Technology
Strictly necessary cookies. The website may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the website, and understanding how visitors use the website. Cookies can also help customize the website for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
Other Cookies. The website may also use other Cookies such as those from google.com, facebook.com, doubleclick.net, and those used for our third-party email and SMS marketing. These cookies are used by us to deliver ads to you when you use Google or Facebook.
This website uses Google AdWords
This website uses the Google AdWords remarketing service to advertise on third-party websites (including Google) to previous visitors to our site. It could mean that we advertise to previous visitors who haven’t completed a task on our site, for example using the contact form to make an inquiry. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to this website. Of course, any data collected will be used in accordance with our own privacy policy and Google’s privacy policy.
You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt-out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.
Use of Information
We do not sell your personal information. We use information that we collect about you or that you provide to us, including any personal information:
● To present our website and its contents to you, including to mobile browsers you may use.
● To provide you with information, products, or services that you request from us.
● To process payments.
● To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
● To notify you about changes to our website or any products or services we offer or provide through it.
● To allow you to participate in interactive features on our Website.
● For any other purpose with your consent.
● 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.
Direct E-Mail & SMS We may also use your information to contact you about goods and services that may be of interest to you. You may opt out if you do not wish to receive periodic notices.
Distribution of Information We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose personal information that we collect or you provide as described in this privacy policy:
● To our subsidiaries and affiliates.
● For marketing purposes as described in this policy.
● To contractors, service providers, and other 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 our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the company about our web site 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 share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.
Commitment to Data Security
Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt-out of further mailings. In addition, we rely on the security of our payment processor and cloud email processor for data security as well, and require that these entities be compliant with the regulations related to data privacy and data security that apply to their activities.
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.
Children Under the Age of 16
Our website is not intended for children under 16 years of age. No one under age 16 may provide any personal information to or on the website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this website or through any of its features, register on the website, make any purchases through the website, use any of the interactive or public comment features of this website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us.
Changes to Our Privacy Policy
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' 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 page. You are responsible for periodically visiting our website and this privacy policy to check for any changes.
Privacy Contact information
If you have any questions, concerns, or comments about our privacy policy you may contact us using the information below:
● By E-Mail: dans@djslaw.com
● By Phone: (805) 373-8907
California Consumer Privacy Act (CCPA) Notice
This CCPA NOTICE FOR CALIFORNIA RESIDENTS (“Notice”) supplements the information contained in the Privacy Policy of Law Offices of Daniel J. Spielfogel and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this Notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this Notice.
Information We May Collect
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”). In particular, we may have collected the following categories of Personal Information from consumers within the last twelve (12) months:
Category
Examples
Collected
A. Identifiers.
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, phone number, account name, Social Security number, driver's license number, passport number, or other similar identifiers.
YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A 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 personal information included in this category may overlap with other categories.
YES
C. Protected classification characteristics under California or federal law.
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.
Records of personal property, services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
YES
E. Biometric information.
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.
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
NO
G. Geolocation data.
Physical location or movements.
NO
H. Sensory data.
Audio, electronic, visual, thermal, olfactory, or similar information.
NO
I. Professional or employment-related information.
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)).
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 personal information.
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
NO
Personal information does not include:
● Publicly available information from government records.
● De-identified or aggregated consumer information.
● Information excluded from the CCPA's scope, like:
● Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
● Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.
We obtain the categories of Personal Information listed above from the following categories of sources:
● Directly from you from the information you provide to us. For example, from your communications and dealings with us.
● Directly and indirectly from activity on our website (www.djslaw.com). For example, from submissions through our website portal or website usage details collected automatically, or from employment applications submitted through our website.
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
● To fulfill or meet the reason for which the information is provided. For example, if you share your name and contact information to request a quote regarding our fees or ask a question about our services, we will use that personal information to respond to your inquiry.
● To provide you with information that you request from us.
● To provide you with support and to respond to your inquiries.
● To provide you with email alerts, event registrations and other notices concerning our products, events, or news, that may be of interest to you, unless you have opted out of having this information provided.
● 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 personal information or as otherwise set forth in the CCPA.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose your personal information to a third party for a business purpose, including to process credit card transactions or to fulfill orders. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information 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 personal information for a business purpose:
● Category A: Identifiers.
● Category B: California Customer Records personal information categories.
We disclose your personal information for a business purpose to the following categories of third parties:
● Service providers, such as for sales, marketing, customer service, order fulfillment, shipping and data storage.
● Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.
In the preceding twelve (12) months, we have not sold any personal information. We do not share, sell, rent, or trade your personal information with third parties for their commercial purposes.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
● The categories of personal information we collected about you.
● The categories of sources for the personal information we collected about you.
● Our business or commercial purpose for collecting or selling that personal information.
● The categories of third parties with whom we share that personal information.
● The specific pieces of personal information we collected about you (also called a data portability request).
● If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
● sales, identifying the personal information categories that each category of recipient purchased; and
● disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
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 personal information, provide a 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 including processing chargebacks or protecting our legal rights with respect to transactions with you.
● Detect, investigate and report security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
● 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.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us either:
● By E-Mail: dans@djslaw.com
● By Phone: (805) 373-8907
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 personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a twelve (12)-month period. The verifiable consumer request must:
● Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information 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 personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We will 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 twelve (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 personal information 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.
Personal Information Sales Opt-Out and Opt-In Rights
If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
To exercise the right to opt-out, you (or your authorized representative) may submit a request to us via email to dans@djslaw.com or call (805) 373-8907.
DO NOT SELL MY PERSONAL INFORMATION
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by contacting us at dans@djslaw.com with the subject header: Opt-In to Personal Information and providing your name and contact information.
Non-Discrimination
We will not discriminate against you (as provided in applicable law) for exercising any of your CCPA rights.
Other California Privacy Rights
The California “Shine the Light” [lhttps://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1798.83.&lawCode=CIV] law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.
Changes to Our Privacy Notice
We reserve the right to amend this Notice at our discretion and at any time. When we make changes to this Notice, we will notify you through a notice on our website homepage. Your continued use of our website following the posting of changes constitutes your acceptance of such changes.
Contact Information
If you have any questions or comments about this Notice, our Privacy Policy, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us via the options above or at:
● By E-Mail: dans@djslaw.com
● By Phone: (805) 373-8907
LAW OFFICES OF DANIEL J. SPIELFOGEL SMS MARKETING POLICY
Effective Date: June 5, 2024
Note: This Policy is for SMS Marketing Only - This does not supersede Law Offices of Daniel J. Spielfogel’s Privacy Policy.
At Law Offices of Daniel J. Spielfogel, we value your privacy and make every effort to respect your wishes and personal information. In line with this commitment, we have established the following policy for the use of our SMS marketing service. Please read it carefully to understand how we collect, use, and manage your phone numbers.
COLLECTION OF PHONE NUMBERS
We collect your phone numbers only when you voluntarily provide them to us, for example, during transactions, inquiries, or when you sign up for our promotional messages. You can opt in to receive these SMS messages either by clicking on the welcome pop-up (which shows to new users) or in the checkout by checking your SMS sign-up and providing your phone number.
USE OF PHONE NUMBERS FOR SMS
Your phone numbers are primarily used to provide you with personalized services and updates. These text messages may relate to our services or any updates that we think may interest you. We may also provide special discounts or offers through SMS messages. SMS messaging charges may be applied by your carrier.
OPTING OUT OF MARKETING MESSAGES
If at any time you wish to stop receiving marketing SMS from us, you can opt out by
-Texting STOP to opt-out
-Texting UNSUBSCRIBE to opt-out
-Texting CANCEL to opt-out
-Texting QUIT to opt-out
Please note that the opt-out process may take up to 10 business days to become effective. During this period, you may still receive some messages from us.
PRIVACY OF PHONE NUMBERS
Once you have opted out, we will not send you any more SMS messages, nor will we sell or transfer your phone number to another party.
CHANGES TO THIS POLICY
We may periodically update this policy. We will notify you about significant changes in the way we treat your information by placing a prominent notice on our site.
We thank you for your understanding and cooperation. If you have any questions or concerns about this policy, please feel free to contact us at (805) 373-8907.