Privacy Policy

KERSTEIN, COREN & LICHTENSTEIN PRIVACY POLICY

Last revised and effective: December 2020

GENERAL POLICY

  1. INTRODUCTION

This Privacy Policy relates to information collected online by Kerstein, Coren & Lichtenstein (“KCL” “we” or “us” or “our”) through your use of the KCL website at https://kcl-law.com and any subdomains, features and information available thereon, the KCL blog located at https://kcl-law.com/kcl-law-blog/, and any online forms or other online requests submitted by you to subscribe to KCL newsletters (along with associated and successor websites, applications, features, blogs, forms and information, or any part thereof, collectively, the “Site”).  To the extent applicable, the processing of information in connection with client relationships may be addressed in engagement agreements between KCL and our clients and is not covered by this Privacy Policy. As used herein, “you” and “your” mean a user of the Site. You should carefully read this Privacy Policy. By using the Site, you are signifying your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, you may not use the Site.

To the extent that the Site is available to, or we collect information from individuals located in the European Economic Area and the United Kingdom, this Privacy Policy sets out our practices and obligations under the General Data Protection Regulation 2016/679 (the “GDPR”).

As used in this Privacy Policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.

  1. WHAT INFORMATION DOES KCL COLLECT?

Personally Identifiable Information

Personally identifiable information is information that identifies you or can be used to identify or contact you. Such information may include your name, address, occupation, employer, title and position, areas of interest, e-mail address and telephone number. Personally identifiable information amounts to ‘personal data’ for the purposes of and as defined in the GDPR. All references to personally identifiable information shall be deemed to include ‘personal data’ as defined and used in the GDPR (to the extent applicable).

Non-Personally Identifiable Information

Non-personally identifiable information is information, any single item of which, by itself, cannot be used to identify or contact you, including demographic information (such as age, profession, gender, current location, zip code, birth date, or year of birth), browser types, unique device identifiers, device types, requested URL, referring URL, browser language, the pages you view, the date and time of your visit, domain names, and statistical data involving the use of the Site. Certain non-personally identifiable information may be considered a part of your personally identifiable information if combined with other identifiers in a way that enables you to be identified. However, the same pieces of information are considered non-personally identifiable information when they are taken alone or combined only with other non-personally identifiable information .

  1. WHERE AND WHEN IS INFORMATION COLLECTED

We collect personally identifiable information that you submit to us. We may also receive personally identifiable information about you from third parties providing analytics services as part of your use of the Site.

Cookies and Action Tags

We may collect non-personally identifiable information passively using “cookies” and “action tags.”

“Cookies” are small text files that can be placed on your computer or mobile device to identify your Web browser and track the activities of your computer on the Site and other websites. Cookies can be used to personalize your experience on the Site, to assist you in using the Site, to allow us to statistically monitor how you are using the Site to help us improve our offerings or to determine the popularity of certain content.

You do not have to accept cookies to use the Site. While most browsers are initially set to accept cookies, you may reset your browser to notify you when you receive a cookie or to reject cookies generally. However, if you reject cookies, certain features or resources of the Site may not work properly or at all and you may experience some loss of convenience.

“Action tags,” also known as web beacons or gif tags, are a web technology used to help track website usage information, such as how many times a specific page has been viewed. Action tags are invisible to you, and any portion of the Site or e-mail sent on our behalf, may contain action tag. The Site may use third-party service platforms (including to help analyze how users use the Site).  These third-party service platforms may place cookies and action tags on your computer or mobile device.  If you would like to disable “third-party” cookies, you may be able to turn them off by going to the third party’s website.  Please be aware that this Privacy Policy does not govern the use of cookies or the use of your information by such third-party websites or services.

Here are links to the main third-party platforms we use:

https://www.google.com/policies/privacy/
https://wordpress.org/about/privacy/cookies/

By using cookies and action tags together, we gain valuable information to improve the Site.

Finally, you should be aware that third parties may use their own cookies or action tags when you click on a link to their websites or services on or from the Site. This Privacy Policy does not govern the use of cookies or action tags or the use of your information by such third-party websites or services.

Log Files

We also collect non-personally identifiable information through our Internet log files, which record data such as IP addresses, browser types, domain names, and other anonymous statistical data involving the use of the Site. This information may be used to analyze trends, administer the Site, monitor the use of the Site, and gather general demographic information. This information may also be linked to personally identifiable information for these and other purposes such as personalizing your experience on the Site and evaluating the Site in general.

  1. INFORMATION COLLECTED FROM CHILDREN

We are committed to protecting the privacy of children. The Site is not designed for or directed to children under the age of 13. We do not collect personally identifiable information from any person we know to be under the age of 13.

  1. HOW KCL USES YOUR INFORMATION

We will only use your personally identifiable information to the extent that the law allows us to do so.

Pursuant to the GDPR, legal bases for our processing your personally identifiable information may include (without limitation) the following:

(a) where you have given consent to the processing (consent may be withdrawn at any time without affecting the lawfulness of processing based on consent prior to withdrawal);

(b) where it is necessary to perform the contract we have entered into or are about to enter into with you; and/or

(c) where it is necessary for the purposes of our legitimate interests (or those of a third party) in providing the Site, and your interests or fundamental rights and freedoms do not override such interests.

The information collected is used to provide the Site to you, to help us understand who uses the Site, for internal operations such as operating and improving the Site, and so that we can contact you about services that may be of interest to you.

We and third parties on our behalf, may send you electronic newsletters and contact you about the Site,  services, information and news that may be of interest to you. If you no longer desire to receive these communications, you will be provided with the option to change your communication preferences concerning every communication we send to you. You may also inform us by email to info@kcl-law.com.

If you identify yourself to us by sending us an e-mail with questions or comments, we may use your information (including personally identifiable information) to respond to your questions or comments, and we may file your questions or comments (with your information) for future reference.

We may also use the information gathered to perform statistical analysis of KCL’s user behavior or to evaluate and improve the Site. We may link some of this information to personally identifiable information for internal purposes or to improve your experience with the Site.

  1. INFORMATION DISCLOSURE TO THIRD PARTIES

We generally disclose information we gather from you through the Site to the following types of third parties and as otherwise set forth in this Privacy Policy or as specifically authorized by you.

Laws and Legal Rights

We may disclose your information (including personally identifiable information) if we believe in good faith that we are required to do so for compliance with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, lawful requests by public authorities, including to meet national security or law enforcement requirements, or other valid legal process. We may also disclose personally identifiable information in special circumstances when we have reason to believe that disclosing such information is necessary to identify, contact or bring legal action against someone who may be violating a contract with us, to detect fraud, to meet contractual obligations, to protect our rights or our property, for assistance with a delinquent account, or to protect the safety and/or security of our users, the Site or the general public.

Third Parties Generally

We may provide to third parties non-personally identifiable information, including where such information is combined with similar information of other users of the Site. For example, we might inform third parties regarding the number of unique users who use the Site or the demographic breakdown of our users of the Site. In addition to the above, when users use our Site, third parties (including without limitation third-party analytics service providers) may directly collect information about our users’ online activities over time and across different websites.  The third parties to which we may provide or who may independently directly collect information may include providers of analytics services (including vendors and website tracking services), merchants, affiliates and other actual or potential commercial partners, sponsors, licensees and other similar parties.  Please note in particular that the Site may use Google Analytics, including its data reporting features.  Information collected by Google Analytics includes but is not limited to web metrics.  For information on how Google Analytics collects and processes data, please see the site “How Google uses data when you use our partners’ sites or apps”, currently located at www.google.com/policies/privacy/partners/.For information on opting out of Google Analytics, we encourage you to visit Google’s website, including its list of currently available opt-out options.

Outside Contractors

We may employ independent contractors, vendors and suppliers (collectively, “Outside Contractors”) to provide services and products related to the Site, such as hosting and maintaining the Site, providing fraud screening, and developing applications for the Site. While providing products or services to us, these Outside Contractors may have access to your information, including your personally identifiable information.  We use reasonable efforts to ensure that Outside Contractors are both capable of protecting the privacy of your personally identifiable information consistent with this Privacy Policy, and not using or disclosing your personally identifiable information for any purpose other than providing us with the products or services for which we contracted or as required by law.

Sale of Business

We reserve the right to transfer information to a third party in the event of a sale, merger or other transfer of all or substantially all of the assets of KCL or any of its Corporate Affiliates (as defined below), or that portion of KCL or any of its Corporate Affiliates, or in the event that we discontinue our business or file a petition or have filed against us a petition in bankruptcy, reorganization or similar proceeding, provided that the third party agrees to adhere to the terms of this Privacy Policy.

Affiliates

We may disclose information (including personally identifiable information) about you to our Corporate Affiliates. For purposes of this Privacy Policy “Corporate Affiliate” means any person or entity which directly or indirectly controls, is controlled by or is under common control with KCL, whether by ownership or otherwise; and “control” means possessing, directly or indirectly, the power to direct or cause the direction of the management, policies or operations of an entity, whether through ownership of fifty percent (50%) or more of the voting securities, by contract or otherwise. Any information relating to you that we provide to our Corporate Affiliates will be treated by those Corporate Affiliates in accordance with the terms of this Privacy Policy.

  1. LINKING TO OTHER WEBSITES OR SERVICES

Our Site may provide you with access to other websites and services. Please be aware that we are not responsible for the privacy practices of any websites or services other than the Site. We encourage you to read the privacy policies or statements of every website and service visited. This Privacy Policy applies solely to information collected by us through the Site.

  1. SECURITY OF YOUR INFORMATION

We want your information (including personally identifiable information) to remain secure. We strive to provide transmission of your information from your computer or mobile device to our servers through techniques that are consistent with commercially reasonable standards and to employ administrative, physical, and electronic measures designed to protect your information from unauthorized access.

Notwithstanding the above, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security or privacy of any information you transmit to us, and you do so at your own risk.

  1. DATA TRANSFERS OUTSIDE OF THE US

Your personally identifiable information may be transferred to our offices or personnel, or to third parties, located throughout the world, and the Site may be viewed and hosted anywhere in the world, including countries that may not have laws of general applicability regulating the use and transfer of such data. By using the Site and submitting such information through it, you voluntarily consent to the trans-border transfer and hosting of such information. Without limitation of the foregoing, you hereby expressly grant consent to KCL to:  process and disclose such information in accordance with this Privacy Policy; transfer such information throughout the world, including to the United States or other countries that do not ensure adequate protection of personally identifiable information (as determined by the European Commission); and disclose such information to comply with lawful requests by public authorities, including to meet national security or law enforcement requirements. If you are from a jurisdiction with laws or regulations governing personal data collection, use, and disclosure that differ from those of the United States, please be advised that all aspects of information collected and processed under this Privacy Policy are governed by the internal laws of the United States and the Commonwealth of Massachusetts, USA, regardless of your location.

  1. KCL’S INFORMATION RETENTION

We retain your personally identifiable information for as long as necessary to fulfill the purposes for which it was collected.

In determining the appropriate retention period for personally identifiable information, we consider the amount, nature, sensitivity of the information, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process your personally identifiable information and whether we can achieve those purposes through other means, and the applicable legal requirements.

  1. OPTING OUT OF MARKETING COMMUNICATIONS AND OTHER INFORMATION SHARING

Generally, personally identifiable information as described in this Privacy Policy or as authorized by you or as otherwise disclosed is generally used at the time we request such information from you. You generally must “opt in” and give us permission to use your personally identifiable information for any other purpose. You may change your preference and “opt out” of receiving certain marketing communications from us by following the directions provided in the communication or other such directions we may provide or by contacting us at info@kcl-law.com.

Under certain circumstances and in compliance with the GDPR, you have the right to:

Request access to your personally identifiable information (commonly known as ‘subject access request’). This enables you to receive a copy of the personally identifiable information we hold about you and to check that we are lawfully processing it;

Request correction of personally identifiable information we hold about you. This enables you to correct any incomplete or inaccurate information we hold about you;

Request erasure of your personally identifiable information. This enables you to ask us to delete or remove your personally identifiable information where there is no good reason for us to continue processing it. You also have the right to ask us to delete or remove all of your personally identifiable information in certain circumstances;

Object to processing of your personally identifiable information where we are relying on a legitimate interest (or that of a third party) and there is something about your particular situation which makes you want to object to its processing;

Request the restriction of processing of your personally identifiable information. This enables you to ask us to suspend the processing of your personally identifiable information, for example, if you want us to establish its accuracy or the reason for processing it;

Request the transfer of your personally identifiable information to another party;

Lodge a complaint with the relevant supervisory authority (as defined in the GDPR). If you have any complaints about the way we process your personally identifiable information, please do contact us. You may lodge a complaint with the supervisory authority which is established in your country.

If you wish to review, verify, correct or request erasure of your personally identifiable information, object to the processing of your personally identifiable information, or request that we transfer a copy of your personally identifiable information to another party, please contact us at info@kcl-law.com.

Such updates, corrections, changes and deletions will have no effect on other information that we maintain, or information that we have provided to third parties in accordance with this Privacy Policy prior to such update, correction, change or deletion. To protect your privacy and security, we may take reasonable steps to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.

You should be aware that it may not be technologically possible to remove every record of the information you have provided to us from our system. The need to back up our systems to protect information from inadvertent loss means that a copy of your personally identifiable information may exist in a non-erasable form that will be difficult or impossible for us to locate. After receiving your request, we will use commercially reasonable efforts to update, correct, change, or delete, as appropriate, all personally identifiable information stored in databases we actively use and other readily searchable media as appropriate, as soon as and to the extent reasonably practicable.

  1. DO NOT TRACK

The term “Do Not Track” refers to an HTTP header offered by certain web browsers to request that websites refrain from tracking the user. We take no action in response to automated Do Not Track requests. If you wish to stop such tracking, please contact us with your request, using our contact details provided below.

  1. FUTURE CHANGES TO PRIVACY POLICY

We may revise this Privacy Policy over time.  We will not make changes that result in significant additional uses or disclosures of your personally identifiable information without allowing you to “opt in” to such changes. We may make non-significant changes to this Privacy Policy that will not significantly affect our use of your personally identifiable information, for which your opt-in is not required. We encourage you to check this page periodically for any changes. If any non-significant changes to this Privacy Policy are unacceptable to you, you must immediately contact us and, until the issue is resolved, stop using the Site. Your continued use following the posting of non-significant changes to this Privacy Policy constitutes your acceptance of those changes.

  1. CONTACT US WITH QUESTIONS

If you have any questions or comments about this Privacy Policy or feel that we are not abiding by the terms of this Privacy Policy, please contact us at info@kcl-law.com.                                                    

By postal mail or courier:
Firm Manager

Kerstein, Coren & Lichtenstein
60 Walnut Street, 4th Floor

Wellesley, MA 02481

BY USING THE SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU SHOULD NOT USE THE SITE.  CONTINUED USE OF THE SITE, FOLLOWING THE POSTING OF CHANGES TO THIS PRIVACY POLICY THAT DO NOT SIGNIFICANTLY AFFECT THE USE OR DISCLOSURE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION, MEANS THAT YOU ACCEPT THOSE CHANGES.