Effective Date: July 7, 2022
Welcome to KaufmanBusinessLaw.com and AskTheBusinessLawyer.com (collectively, the “Site”) operated by Kaufman Law PLLC, a New York professional limited liability company (“we” or “us”). Kaufman Law PLLC is also known by the trade names Ask The Business Lawyer and Kaufman Business Law. Kaufman Law PLLC is wholly-owned by Nina L. Kaufman, Esq. PLEASE READ THE FOLLOWING POLICY TO UNDERSTAND HOW YOUR PERSONAL INFORMATION WILL BE TREATED AS YOU MAKE FULL USE OF THE SITE.
These policies incorporate terms to comply with the European Union’s General Data Protection Regulation (GDPR). Although most of our clients and subscribers are U.S.-based–as are our servers–we need to be prepared for visitors coming from the EU, where data protection regulations are more stringent.
What Personally Identifiable Information do we collect?
The primary purpose of collecting information from you is to provide you with a safe, smooth, effective, and personalized experience and to fulfill the transactions you undertake with us. We will only collect information about you that we consider necessary to achieve these purposes.
Generally, we collect information in two ways. Some information is gathered when you submit a contact form, or purchase and/or download e-books, special reports, and other products that we may make available from time to time. This can include your first and last name, email address, physical address, telephone number, and credit card information (where applicable). Where possible, we indicate which fields are required and which fields are optional. We also collect personal information through your use of the site (“cookies” and web beacons) when you report a problem with our services through the Site’s feedback form or contact email addresses. If you contact us, we may keep a record of that correspondence.
Passively or Automatically Collected Data (“Usage Data”)
We, our affiliated entities, and our marketing partners including third party service providers, advertisers, advertising networks and platforms, advertising agencies, and data brokers and aggregators may use automated means to collect various types of information about you, your computer or other device used to access this site or its services. This information is based on your usage of this site, including information collected automatically from this site (or by our marketing partners employed in this site).
A representative, non-exhaustive list of the types of passively or automatically collected information may include: network or Internet protocol address and type of browser you are using (e.g., Chrome, Safari, Firefox, Internet Explorer), the type of operating system you are using, (e.g., Microsoft Windows or Mac OS), the name of your Internet service provider (e.g., Comcast, Verizon or AT&T) and domains used by such providers, mobile network, device identifiers (such as an Apple IDFA or an Android Advertising ID), device settings, browser settings, the web pages of this site you have visited, pages or service visited before and after you visit a page or service, the type of handheld or mobile device used to view the page or service (e.g., iOS, Android), location information, and the content and advertisements you have accessed, seen, forwarded and/or clicked on, the various time details per visit (e.g., the time spent on each page or service within the site) and the details about the path followed within the site with special reference to the sequence of pages visited, other parameters about the device operating system and/or the user’s IT environment, and conversion rates and marketing and conversion data and statistics, reports and analytics, including without limitation your interactions to emails we send, and reviews and surveys regarding this site or any products listed on this site. Usage Data is essentially anonymous when collected, but could be used indirectly to identify a person.
- Geo-Location Data. If you are accessing a page or service from a computer or a mobile device, you may be asked to share your precise (GPS level) geo-location information with us so we can customize your experience on our services or on other services when we work with a marketing partner such as a third party service provider, advertiser, advertising network and platform, advertising agency, and a data broker or aggregator. If you agree to the collection of location data, in most cases, you will be able to turn off such data collection at any time by accessing the privacy settings of your mobile device.
What are “cookies” and web beacons, and how do we use them?
Data collection devices, such as “cookies,” are used to store, and sometimes track, information about you. Generally, these cookies help provide personalized services and promote trust and safety. A cookie is a small file containing a small amount of data that is sent to your browser from a web server and placed on your computer’s hard drive to assist us in providing our services. All pages on the Site where you are prompted to login or that are customizable request that you accept cookies. Cookies are only read by the server that placed them and are unable to execute any code or virus. Most cookies are “session cookies,” and are automatically deleted from your hard drive at the end of a session. For information about cookies visit the FTC website.
Web Beacons, sometimes called single-pixel gifs or clear gifs, are used to assist in delivering cookies, and they allow us to count users who have visited pages of our site. We may include Web Beacons in promotional e-mail messages or other communications in order to determine whether messages have been opened and acted upon.
Locally Stored Objects. We may employ locally stored objects (“LSOs”) and other client-side storage tracking technologies in certain situations where they help to provide a better user experience, such as to remember settings, preferences and usage similar to browser cookies, or in order to target or help our Partners target ads, analyze ad performance, or perform user, website or market analytics. For LSOs utilized by Adobe Flash you can access Flash management tools from Adobe’s website. In addition, some, but not all browsers, provide the ability to remove LSOs, sometimes within cookie and privacy settings.
We may participate with our marketing partners for purposes of providing personalized ads based on your interests. This activity is performed by collecting Usage Data and by using cookies and other tracking and data collection methodologies discussed above to transfer information to our marketing partners which manage advertising activities.
- AdWords (Google). We may participate in AdWords program which is a personalized ad service provided by Google Inc. that connects the activity of this site with the Adwords advertising network and the Doubleclick cookie. Information collected: cookie and Usage Data. To opt out, click here.
- Google Analytics for Display Advertising (Google). We may participate in any and all of the following Google Analytics Advertising Features provided by Google: Google Analytics, Google Display Network Impression Reporting, the DoubleClick Campaign Manager integration, and Google Analytics Demographics and Interest Reporting. These features use first party cookies (such as the Google Analytics cookie) for connecting the tracking activity performed by Google Analytics and its cookies with the Adwords advertising network and the DoubleClick cookie (a third-party cookie). Information collected: cookie and Usage Data, including audience data such as age, gender, and interests. For the AdWords opt-out, click here. For the Google Analytics opt-out, click here.
- For information in general about Google’s personalized ad campaigns, and specifically about information regarding DoubleClick cookies and how to control and manage Google’s advertising cookies for these campaigns, click here.
For information regarding how Google uses data when you use Google’s partners’ sites or apps, click here.
- Custom Audience (Facebook). We may participate in Facebook.com’s Custom Audience program which enables us to display personalized ads to persons on our email lists when they visit Facebook.com. We provide Personal Information such as your email address and phone number to Facebook to enable Facebook to determine if you are a registered account holder with Facebook. You may opt-out of participation in our Facebook Custom Audience by sending an email, from the email address you are opting out of, to the email address provided in our contact information below. For your opt-out to be effective, you must: (i) place the following text in the subject line of the email – “Opting Out of Facebook.com Website Custom Audience Ads”, and (ii) in the body of the email, include your name and email address. We will forward your name and email address to Facebook.com with a request to delete you from all of our Facebook Custom Audience Ads.
- Tailored Audiences/Conversion Tracking Programs (Twitter). We may participate in Twitter.com’s Tailored Audiences/Conversion Tracking Programs which enable us to display personalized ads. You may opt-out of participation in these programs by clicking here.
- Other Personalized And Behavioral Advertising Services. We may participate in additional retargeting and behavioral advertising services that will be similar to the services described above.
- Managing Personalized Ads. You can control the placement of cookies and other data collection methodologies for purposes of opting out.
- Managing Cookies Via Your Browser. You should note that although most browsers are initially set up to accept cookies, you may be able to change your browser settings to cause your browser to refuse first party or third-party cookies or to indicate when a third-party cookie is being sent. However, disabling or limiting cookies may cause certain features of this website to not function properly or optimally. Check your browser’s “Help” files or other similar resources to learn more about handling cookies on your browser, such as the article here.
- Managing Flash Cookies. Flash cookies, also called local shared objects (LSOs), function similarly to standard cookies except that they are often larger and are downloaded to a computer or mobile device by the Adobe Flash Player. In some cases, these Flash cookies can be managed through browser settings. Adobe also provides a means of controlling Flash cookies on its Flash Player: Setting Manager page.
- Digital Advertising Alliance (DAA). DAA member advertising associations have developed an industry self-regulatory program to give consumers a better understanding of and greater control over ads that are customized based on their online behavior across different websites. To make choices about interest-based ads from participating third parties, please visit DAA Consumer Opt-Out page.
- Opting Out With Ad Choices For Mobile Devices. When using mobile applications you may receive personalized in-application advertisements. Depending on your device, you may be able to reset your mobile device’s advertising identifier at any time by accessing the privacy settings on your mobile device. In addition, each operating system (iOS for Apple phones, Android for Android devices and Windows for Microsoft devices) provides its own instructions on how to prevent the delivery of personalized in-application advertisements. You may review the support materials and/or the privacy settings for the respective operating systems in order to opt-out of these advertisements. For any other devices and/or operating systems, please visit the privacy settings for the applicable device or contact (or review the applicable privacy web page of) the applicable platform operator.
How do we use your information?
We use your information to provide you with a customized website experience. By submitting your personal information, you consent to our using it to manage and monitor your purchases with us; communicate with you; resolve disputes; troubleshoot problems; manage and operate our marketing programs; send you information marketing messages and educational content; inform you of offers that we, or third parties with which we may partner (“Affiliates”), have that we believe may interest you; detect and protect against error, fraud, or other criminal activity; and enforce our Terms and Conditions of Use Agreement.
We also reserve the right to release current or past user information:
- In the event that we believe that the Site is being or has been used to commit unlawful acts
- Upon receipt of a properly authorized and authenticated governmental request for information
- In response to a subpoena or a court order
- To comply with relevant laws
- In response to an investigation of fraud or other wrongdoing regarding a specific consumer
- In an effort to safeguard the person or property of our employee(s) or a third party
Moreover, we may disclose any record or communication to any third party when we, in our sole discretion, determine the disclosure to be appropriate including, without limitation, sharing your e-mail address with other third parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time.
Who is collecting information?
When you are using the Site and are asked for personal information, you are sharing that information with us and, if you arrived at the Site via an associate link or Affiliate of ours, then with that affiliate/associate as well.
Please be advised that our affiliates, associates, advertisers, and/or third-party websites that have links on our Site may collect personally identifiable information about you. The information practices of those affiliates, advertisers, and third-party websites linked to our Site are not covered by this privacy statement. We are in no way responsible for the privacy policies or treatment of information from third party websites. We strongly encourage you to review the privacy policies of every website you visit to determine what information they collect and how such information is handled by that website.
With whom do we share your information?
Generally, we will not disclose your personally identifiable information unless we have your permission or under certain circumstances, such as those described below:
- Affiliates/Associates/JV Partners: If you have visited our Site through a link provided by an Affiliate/Associate, we will share your personally identifiable information with the Affiliate/Associate responsible for your visit and the Affiliate/Associate may contact you. Also, we may participate with another company or individual for purposes of jointly promoting our or their products, services, promotions or contests or our jointly-created products, services, promotions, or contests. We reserve the right to disclose your Personal Information to them for purposes of (i) compensation, transaction processing, fulfillment, and support, and (ii) for purposes of offering you other products, services, promotions, and contests. These joint venture marketing partners may also contact you regarding other products, services, promotions, or contests.
- Employees, Associates and Consultants: To help us deliver services and information, we may provide your personally identifiable information to our employees, associates, and consultants. All of our employees, associates and consultants are subject to non-disclosure agreements with us. This prohibits their use of the information you provide us for any purpose except to facilitate our operation and activities, unless you agreed or gave your prior permission to them for additional uses.
- Third Party Data & Data in the Aggregate: Aggregate data (data gathered across all user accounts) may be gathered in a non-personally identifiable form to build higher quality, more useful online services by performing statistical analyses of the collective characteristics and behavior of our visitors, and by measuring demographics and interests regarding specific areas and services of the Site. Aggregate data may be disclosed in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes. However, no personal information that could be used to identify you personally is disclosed in these situations.
- Business Transaction: We reserve the right to transfer any and all information that we collect from visitors, or that we otherwise collect concerning or in connection with the Site, to a third party in the event of a sale or other transfer of assets or of any portion of our business. In the event we enter a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information may be among the assets transferred.
- Other: We may disclose account information where we have reason to believe that disclosing the information is necessary to identify, contact, or bring legal action against someone who may be violating our Terms and Conditions or may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Site users, or anyone else that could be harmed by such activities. We may disclose or access account information when we believe in good faith that the law requires it and for administrative and other purposes that we deem necessary to maintain, service, and improve our services.
You have the right to opt out of any and all communications with us by clicking on the “Manage Your Subscription” link at the bottom of any marketing emails we may send to you.
California Privacy Rights
Under California Law SB 27, California residents have the right to receive, once a year, information about third parties with whom we have shared information about you or your family for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared. To make such a request, please send us an email with “California Privacy Request” in the subject line, the domain name of the Web site you are inquiring about, along with your name, address and email address. We will respond to you within thirty days of receiving such a request.
What are my choices regarding collection, use, and distribution of my information?
You do not have to disclose personally identifiable information to view the Site. If you submit a contact form or choose to purchase a product from us, you will need to disclose certain information as specified above. We will send you email upon a purchase from the Site. We may also send you emails regarding our products and/or services from time to time. Only we, or associates working on our behalf, will send you these emails. If you no longer wish to receive emails from us, you may opt-out of receiving these communications at any time by following the instructions contained in the applicable e-mail. We endeavor to process all unsubscribe requests in a prompt fashion.
How may you use other users’ information?
Recognizing the global nature of the Internet, you agree to comply with all applicable local laws and rules regarding online conduct and privacy, as well as content. Specifically, but not as a limitation, you agree to comply with all applicable laws regarding transmission of technical and personal data exported from the United States or the country in which you reside.
We do not tolerate spam. You are not licensed to add Site user’s contact information, even a Site user who contacted you, to your mail (email or physical mail) list without their express, written consent.
What security precautions are in place to protect the loss, misuse, or alteration of my information?
How are children’s privacy protected?
Children under the age of 18 are not authorized to use the Site and we ask that children do not submit any personal information to us.
How does this affect international users?
Please note that this Policy applies solely to our online information-gathering and dissemination practices in connection with the Site, and does not apply to any of our practices conducted offline.