Effective Date: February 18, 2021
III. Types of Data We Collect
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.
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:
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.
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.
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.
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.
VII. California Privacy Rights
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.
We do not knowingly collect Personal Data from or market to children under the age of 13.
X. How We Protect Personal Data
XI. Linking to Other Internet Sites
XII. How You Can Access, Change and Delete Your Personal Data
XIII. Cookies and Other Web Devices
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.
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.
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.
XVII. Contact Information
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.
Elizabeth L. Carter, Esq., LLC