Last Modified on: September 20th, 2023
Woods Oviatt Gilman LLP (“firm,” “we,” “us,” or “our”) provides legal services to our clients in a wide array of practice areas including business and tax, real estate, litigation, intellectual property, trusts and estates and default services. In connection with our services, our clients entrust their confidential information, including Personal Information (as defined below), to us for us to provide our legal services to them. In addition, clients and prospective clients may view our website (the “Website”) and provide Personal Information to us as they inquire and learn about our services. If you are our client, the nature of the services that we provide to you will dictate the Personal Information we will collect from you. Prospective law school graduates, attorneys, staff and other team members may view our Website to inquire and learn about employment opportunities and apply to start or continue their carriers with us. If you are a candidate for employment, the Personal Information we collect from you will be employment based. Whether you are a prospective client, client, prospective employee or employee, we are honored that you have chosen us and take your privacy seriously.
First and foremost, as attorneys licensed to practice law in multiple states, we adhere to the applicable Rules of Professional Conduct for the states in which we practice, which impose a duty upon our lawyers and supporting staff to both preserve and protect client confidential information. In addition, our privacy practices are subject to privacy laws in multiple jurisdictions.
- When we provide our legal services to you, whether in person, online or over the phone;
- On this Website;
- In email and other electronic messages between you and the firm, including in our newsletters and holiday cards, which may constitute attorney advertising.
- When you participate in our programs or events; and
- When you apply for a position with us.
Children Under the Age of 18
We do not knowingly collect the Personal Information of minors, unless we are specifically engaged by the legal guardians for legal representation. If we provide legal representation to minors we will only do so with proper consent and in compliance with applicable laws.
Do Not Track Signals
“Do Not Track Signals” or “Global Privacy Control” signals are options available on some browsers that signal to website operators that you do not wish to have your online activity tracked for online behavioral marketing purposes. We do not recognize these signals, but we also do not allow third parties to collect Personal Information about your online activities on our Website for any marketing purposes.
3. Information We Collect/ Notice at Collection
The Personal Information that we collect from you depends on how you interact with us and the legal services you have engaged for us to provide to you.
Users of our Website do not need to actively provide Personal Information to learn about us, but their Personal Information (such as internet activity) may be collected through the automated data collection technologies described below.
If you engage us for legal services, at minimum, we will collect contact information containing Personal Information such as name, email, address and phone number. Additional Personal Information will be collected as relevant and necessary depending on the nature of the legal services we are providing for you. This is different for each client and can include the following categories (as specified by the California Consumer Privacy Act of 2018, as amended): identifiers, personal information described in California customer records statute (Cal. Civ. Code §1798.80(e)), protected classification characteristics, commercial information, biometric information, geolocation data, sensory data, professional or employment related information, non-public educational information, financial information, inferences drawn from other personal information, and other sensitive information. Users of our online payment portal may provide financial information through our Website.
Applicants for positions with us may be asked to provide information in the following categories to the extent that it is standard for employment practices: identifiers, personal information described in California customer records statute (Cal. Civ. Code §1798.80(e)), protected classification characteristics, professional or employment related information and non-public educational information and, in some cases, other sensitive information as relevant and disclosed to us.
We will not sell your Personal Information or share it with any third parties for cross-context behavioral advertising.
We retain your Personal Information for at least the period necessary to provide services to you, fulfill the purposes for which you have provided it, and to comply with applicable law. Thereafter, we may retain your information for a period of time consistent with our data retention policies but reserve the right to destroy or otherwise delete your information after the completion of our representation for various reasons, including data minimization and data storage expense.
4. How We Collect your Personal Information:
We collect Personal Information about you from various sources, including:
- Directly from you, such as.
- Copies of your records and your correspondence (including email addresses), if you contact us, meet with us, and provide them to us;
- Details of transactions you carry out through our Website for the payment for our services.
- Your search queries on the Website.
- When you sign up to receive emails and/ or postal mailings, such as our “client alerts” and newsletters.
- When you apply for a job.
- Through the Website or [if you open or click on emails we send you or interact with our advertisements], such as.
- Usage details, IP addresses, and information collected through cookies, web beacons, clear GIF, pixels, internet tags, web server logs and other data collection tools. For more information, please see "Automatic Data Collection Technologies" below.
- From third parties, for example, our business partners, including “Law Pay” as described below. Please see “How We Share your Personal Information” for more information.
5. Automatic Data Collection Technologies
As you navigate through and interact with our Website, we and our third party partners (such as analytics providers) use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns.
The technologies we use for this automatic data collection may include:
- Web Beacons. Pages of our Website [and our emails] may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or [opened an email] and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
6. How We Use or Disclose your Personal Information
We may use or disclose the Personal Information we collect for one or more of the following purposes:
- Providing our Legal Services. We use Personal Information to fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request information about our legal services, we will use that Personal Information to respond to your inquiry. If you provide Personal Information for legal services, we will use that Personal Information to provide legal services to you. If you provide your Personal Information to make an online payment, we will use that information to process your payment. We may use Personal Information to comply with our legal and professional obligations, enforce our agreements and resolve any disputes.
- Providing Our Website. We use Personal Information to provide our Website and its content to you, including to provide, personalize, support and develop our Website. We may use Personal Information to notify you about changes to our Website and any information we offer through it.
- Communicating with You. We use Personal Information to provide legal services and to respond to your inquiries and to communicate with you.
- Contracts. We use Personal Information to enter into contracts with you, such as our engagement letter.
- Marketing Purposes. We use Personal Information to send you client alerts, newsletters, and holiday cards, which may be deemed to be attorney advertising (unless you opt out of receiving such materials);
- Analytics and Personalization. To improve our Website and services.
- Law Enforcement. We may use or disclose Personal Information as required by applicable law, subject to the Rules of Professional Conduct, or when we otherwise believe in good faith that such disclosure is required or permitted by law, such as in connection with the investigation or assertion of legal defenses or for compliance matters.
- Business Transfers. We may share Personal Information with another firm or group of attorneys to evaluate or conduct 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 us about our clients or employees is among the assets transferred.
- Job Applicant Information. We use job applicant information to make decisions about recruitment and employment.
7. How We Share Your Personal Information
We do not sell your Personal Information however, we disclose Personal Information in the following circumstances:
- Service Providers. We share certain Personal Information with third parties such as contractors, agents and data processors that act on our behalf and that perform services to support our core legal services functions and internal operations including: providing supporting legal services, such as litigation support, document production, filings or title insurance; processing credit card and debit card payments; legal software and support; employment and employee benefits related services; and analytics. We only make these business purpose disclosures under agreements that protect the confidentiality of this information.
- Legal Process. We may disclose Personal Information in response to subpoenas, warrants, court orders, government inquiries or investigations or to comply with relevant laws and regulations as defined by our engagement, applicable law and the Rules of Professional Conduct.
- Business Transfers. We may share Personal Information in connection with any merger, divestiture, restructuring, reorganization or sale of the firm consistent with the Rules of Professional Conduct and applicable law.
8. How We Protect your Personal Information
We have taken reasonable precautions to protect your Personal Information, including implementing administrative, physical and technical safeguards designed to protect your Personal Information. Unfortunately, the transmission of information via the internet is not completely secure and there is risk that transmissions may be intercepted and/or diverted. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website or by email or other electronic transmission.
9. Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:
Residents of certain states, such as California, may have additional Personal Information rights and choices. Please see Your State Privacy Rights for more information.
11. Communicating With Us
or via our toll-free number: 800-333-2414
12. International Transfer of Personal Information
Please note that this Website and our legal services are directed towards users who reside in the United States. By using this Website, you consent to the collection, storage, processing, and transfer of Personal Information in and to the United States, or other countries and territories, pursuant to the laws of the United States.
13. Your State Privacy Rights
State consumer privacy laws may provide their residents with additional rights regarding our use of their Personal Information. To learn more about California residents' privacy rights, visit CALIFORNIA CONSUMER PRIVACY ACT
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.
Right to Know and Data Portability
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 12 months (the "right to know"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know, Correct or Delete), 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 purpose for collecting or selling that Personal Information.
- The categories of third parties with whom we share that Personal Information.
- If we disclosed your Personal Information for a business purpose, we will provide information about the disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
- The specific pieces of Personal Data We collected about You (also called a data portability request).
Right to Correct
You can review and request a change to your Personal Information. Once we receive your request and confirm your identity (see Exercising Your Rights to Know, Delete, or Correct), we may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Right to Delete
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 (the "right to delete"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know, Correct or Delete), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Fulfill our obligations to provide our legal services, enforce our contractual rights, fulfill our obligations under the Rules of Professional Responsibility, and maintain records of the legal services rendered and amounts paid.
- 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.
We will delete or deidentify Personal Information not subject to one of these exceptions from our records and will direct our service providers to take similar action.
Exercising Your Rights to Know, Correct or Delete
To exercise your rights to know, correct, or delete described above, please submit a request by either:
- Calling us at 800-333-2414.
- Emailing us at firstname.lastname@example.org.
Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your Personal Information.
You may only submit a request to know twice within a 12-month period. Your request to know or delete 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.
We will only use Personal Information provided in the request to verify the requestor's identity or authority to make it.
Response Timing and Format
We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact email@example.com.
We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.
Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
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.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you services.
- Charge you different prices or rates for services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.