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DATA PRIVACY POLICY

Elizabeth L. Carter, Esq., LLC (ELCESQ,LLC): Privacy Policy

 

Effective Date: February 18, 2021

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READ THIS PRIVACY POLICY CAREFULLY BEFORE USING ELCESQ, LLC WEBSITE.
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I. Introduction

This Privacy Policy explains how ELCESQ, LLC collects, uses, shares and safeguards Personal Data and Non-Personal Data on www.elcesq.com, on ELCESQ, LLC’s email servers, on ELCESQ, LLCs social media sites, and any other digital services and platforms officially operated or used by ELCESQ, LLC from time to time (“Sites”), as well as by phone or by paper.  

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II. Changes to the Privacy Policy

This Privacy Policy is expected to change as our services and products change from time to time. We reserve the right to amend the Privacy Policy at any time, for any reason. The date of the last revision to the Privacy Policy will be indicated by the "Effective Date" at the top and bottom of this policy.

 

III. Types of Data We Collect

Personal Data

We collect information (whether online, by phone, or by paper) that enables ELCESQ, LLC to identify or contact you (“Personal Data”) to carry out its business purposes.  ELCESQ, LLC Sites collect this information for a variety of business reasons, including but not limited to, scheduling consultation sessions with ELCESQ, LLC; establishing an attorney-client relationship with ELCESQ, LLC;  registering for an event or program of ELCESQ, LLC, purchasing products or services of ELCESQ, LLC, or otherwise interacting with ELCESQ, LLC.

 

The types of Personal Data we collect include, but are not limited to:

  • Contact Information (e.g., names, dates of birth, home and business addresses, email addresses, Internet protocol addresses, and mobile/landline business/personal telephone numbers that are provided by our members/customers);

  • Business Information (e.g., Electronic Identification Numbers (EIN #) or Tax Identification Number (TIN #), operating agreements, by-laws, certificates or articles of incorporation, formation, or organization; business plans; pitch decks;

  • Financial Information (e.g. business financial statements; business capital stack and history of prior business capital raises, and other relevant financial data; and credit and debit card or bank account information for payment of requested legal services). Please note that ELCESQ, LLC may collect credit card information indirectly through our third-parties AffiniPay, LLC (commonly known as “LawPay”) and CosmoLex Cloud, LLC (commonly known as “Cosmolex”) which collect and store financial information on behalf of ELCESQ, LLC.

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Non-Personal Data

We collect information (whether online, by phone, or by paper) that does not directly identify you as you interact with our Sites (“Non-Personal Data”). The types of Non-Personal Data we collect includes, but is not limited to:

  • Site usage (e.g., browsing history, search terms, number of clicks, referring/exit pages, date/time stamp, time on Site)

  • Products and services viewed, including advertisements for such products and services

  • Computer type, operating system and platform type

  • Internet service provider

  • Your industry and business (e.g., company size and location, job functions and seniority levels)

 

IV. How We Use Your Data

In addition to the uses described above, we use your Personal Data, sometimes combined with Non-Personal Data, in a variety of ways including, but not limited to the below, in order to:

Personal Data

  • Identify you when you visit our Sites

  • Provide service communications such as bill reminders, order confirmations, program registrations, and client email or text messages

  • Provide products, information, and services you request or that we think you may be interested in

  • Respond to your emails or online requests for products, services, or information;

  • Deliver and process our Newsletter

  • Personalize and improve the usability of the Sites

  • Fulfill and/or deliver ELCESQ, LLC products, and services

  • Tailor content, advertising, and marketing to you.

 

Non-Personal Data

We use Non-Personal Data to improve the usability of our Sites and for other business reasons. We or other third-party companies also use Non-Personal Data to provide advertisements and targeted advertisements to you (ads based on the Non-Personal Data). We do not provide Personal Data to third parties with whom we share your Non-Personal Data. Please note that, when you select an advertising link or other link that takes you to sites not operated by the ELCESQ, LLC, you may be subject to the privacy policies of these third-party sites.

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V.    How We Share Your Data

We share your Personal Data, sometimes combined with Non-Personal Data, in a variety of ways including, but not limited to the below:

  • Share data with third parties to fulfill service requests and to perform business functions (e.g., ELCESQ, LLC contracts with third parties to provide services on our behalf such as data hosting services; payment processors; packaging, mailing, and delivering services; customer support and consulting services; and event registration services). 

  • Share data with third parties as required by law or to protect the ELCESQ, LLC in the good-faith belief that such action is necessary to: (a) conform to legal requirements or comply with legal process served ELCESQ, LLC; (b) protect and defend ELCESQ, LLC’s rights or property; or (c) protect the personal safety of ELCESQ, LLC’s personnel or members of the public in appropriate circumstances.

  • Share data with third parties if ELCESQ, LLC and/or its assets (or a portion of its assets) are sold, assigned, transferred, or merged, or if ELCESQ LLC undergoes some other change including a change to its corporate form as part of a bankruptcy proceeding or otherwise; information may be transferred as part of that transaction or change. 

  • Share data with third-party partners for referrals or as necessary to offer you products and services that are requested by you.

  • Share data with social media sites such as Facebook, LinkedIn, Twitter, and others who may contact you with “targeted ads” relating to legal and other services.

  • Share data with third parties under other unanticipated situations, but only with your consent.

  • Share data on ELCESQ, LLC’s Sites as “testimonies” or other client spotlight advertising materials. You can opt-out of these testimonial or spotlight publications by contacting us using the information in the “Contact Information” section below.

  • Share your email address, but only as permitted by the ELCESQ, LLC Email Policy, as follows:

 

Your email address will be used only by ELCESQ, LLC, its entities, and ELCESQ, LLC’s vendors or other partners performing services, or offering products on ELCESQ, LLC’s behalf, such as partner law firms, accounting firms, and crowdfunding portals. ELCESQ, LLC does not sell or rent email addresses to anyone, nor does ELCESQ, LLC share email addresses to non-partnered third-parties or contracted vendors. ELCESQ, LLC may also share your email address with third parties to enable ELCESQ, LLC to take security measures to help protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data.  Finally, ELCESQ, LLC may share email addresses with third parties as necessary for the ABA to perform certain services on our behalf, such as packaging, mailing, and delivering products and processing event registrations, and to respond to your service requests.

 

VI. How You Can Manage the Processing of Your Data

You can manage your profile and email preferences, including “opting out” of email by contacting us using the information in the “Contact Information” section below. If you prefer to receive hard copy mailings only from the ABA, you can contact us and request to have your name and address removed from the list we provide to third parties. For California residents, please consult the “California Privacy Rights” section for additional considerations. 

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Our processing of your data is based upon your consent, contract performance (e.g., your purchase of products or membership sign-up/renewal), legitimate business interest (e.g., direct marketing of goods and services), or compliance with the law.  You have the right to object to our processing of your data or to restrict our processing of your data. In addition, if you have consented to the processing of your Personal Data, you have the right to withdraw your consent at any time.

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VII. California Privacy Rights

In addition to the rights as explained in this Privacy Policy, under California’s "Shine the Light" law, California residents who provide personal information (as defined in the statute) to obtain products or services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the personal information we shared, if any, with other businesses for marketing uses. If applicable, this information would include the categories of personal information and the names and addresses of those businesses or persons with which we shared such personal information for the immediately prior calendar year (e.g., requests made in the current year will receive information about the prior year). To obtain this information please email us at: info@elcesq.com. Attn: California Privacy Law. Please include your full name, phone number and mailing address.

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VIII. Canada Anti-Spam Law

ELCESQ, LLC complies with the Canada Anti-Spam Law. Non-clients or associates who provide us a Canadian mailing address will not receive unauthorized Commercial Electronic Messages (as defined under the Canada Anti-Spam Law) unless these individuals have “opted-in” to receive Commercial Electronic Messages.

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IX. Children

We do not knowingly collect Personal Data from or market to children under the age of 13.

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X. How We Protect Personal Data

ELCESQ, LLC implements commercially reasonable security measures to help protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data. Except for the sharing of information as set forth in this Privacy Policy, we restrict access to Personal Data to certain third parties who need the data to operate, develop, or improve our services to you. These individuals or partner organizations are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution if they fail to meet these obligations.

Unfortunately, no data transmission over the Internet or electronic storage is fully secure. Accordingly, and despite our reasonable efforts to protect your Personal Data from unauthorized access, use, or disclosure, the ABA cannot guarantee or warrant the security of the Personal Data you transmit to us, or to or from our online Sites. If you have questions about this Privacy Policy, please contact us.

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XI. Linking to Other Internet Sites

You should be aware that other Internet sites that are linked from the Sites or from an email message by our email accounts may contain privacy provisions that differ from the provisions of this Privacy Policy. To ensure your privacy is protected, we recommend that you review the privacy statements of these other linked sites, applications, or other digital platforms.

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XII. How You Can Access, Change and Delete Your Personal Data

We rely on you to update and correct your Personal Data.  If you are a user of our Sites, or a prospective, current, or former client of ELCESQ, LLC, you can review, update and correct your information directly by contacting us using the information in the “Contact Information” section below. Typically, we retain your Personal Data for the period necessary to fulfill the purposes outlined in this Privacy Policy, and to comply with applicable Rules of Professional Conduct,  unless a longer retention period is required or permitted by law. This may include retaining your Personal Data indefinitely, even after you are no longer a client of ELCESQ, LLC, in order to provide you with future marketing opportunities and other purposes, as well as to comply with our legal obligations, resolve disputes, or enforce any of our agreements.  Please note that you can request, at any time, that we delete your Personal Data.  All requests must be directed to the contact in the “Contact Information” section below.  We can decide to delete your Personal Data if we believe that the data is incomplete, inaccurate, or that our continued use and storage are contrary to our obligations.  When we delete your Personal Data, it will be removed from our active databases or anonymized so that the data is no longer identified with you, but the data may remain in our archives if we determine that it is not practical or possible to delete it.

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XIII.  Cookies and Other Web Devices

Our website sends cookies (e.g., pieces of code or text placed on your computer by us or third-parties when you browse our Sites) to your web browser (if your browser’s preferences allow it) to collect data when you browse our Sites.  Cookie settings can be controlled in your Internet browser to automatically reject some forms of cookies.  If you view our website without changing your cookie settings, you are indicating your consent to receive all cookies from our Sites.  If you do not allow cookies, some features and functionality of our Sites may not operate as expected. In addition to cookies, we place technological tools (and allow certain third parties to place technological tools) such as tags and beacons (e.g., code scripts that are primarily used to track visitors’ activities on our Sites by web analytics software), Internet Protocol (IP) addresses, and other tools, to collect your data for the purposes listed in this Privacy Policy.

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XIV.  Transmission of Data to Other Countries

Your Personal Data is processed in the United States, where privacy laws may be less stringent than the laws in your country and where the government, courts, or law enforcement may be able to access your data.  By submitting your Personal Data to us, you agree to the transfer, storage, and processing of your Personal Data in the United States.

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XV.  Right to Complain to Supervisory Authority

You, as the data subject, have the right to lodge a complaint with a supervisory authority, in particular in the State of your habitual residence, place of work, or place of the alleged infringement, if you believe that the processing of your personal data does not comply with legal requirements.

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XVI.  Breach Notification

In the event we determine the occurrence of a data security incident, we will notify you by email, US mail, telephone, or other means as permitted by law.

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XVII.  Contact Information

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If you have questions, comments, or complaints concerning our privacy practices or if you wish to change, access, or remove your Personal Data, please contact us as indicated below.  We will attempt, where practical, to respond to your requests and to provide you with additional privacy-related information.

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Elizabeth L. Carter, Esq., LLC
www.elcesq.com 
info@elcesq.com

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