Tonkon Torp Website Privacy Policy

Last Updated: December 15, 2023

Tonkon Torp LLP (“Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this Privacy Policy (this “Policy”).

This Policy describes the types of information we may collect from you or that you may provide when you visit the website www.tonkon.com (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Policy applies to information we collect:

  • On this Website.
  • In email, text, and other electronic messages between you and the Company.
  • In connection with newsletters, invitations, or other announcements we send you.

It does not apply to information collected by:

  • Us offline or through any other means, including on any other website or any third party; or
  • Any third party, including through any application or content (including advertising) that may link to or be accessible from or through the Website.
  • Us in the course of our representation of clients in legal matters and information collected about or from third parties who are involved in legal matters with our clients. These materials are retained in client files consistent with our contractual and ethical obligations and applicable court orders.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using our Website, you agree to this Policy. This Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of our Website after we make changes is deemed to be acceptance of those changes, so please check this Policy periodically for updates.

Children Under the Age of 18

Our Website is not intended for children under 18 years of age. No one under age 18 may provide any information to or on our Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or through any of its features, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at privacy@tonkon.com.

Information We Collect and How We Collect It

We collect information from and about users of our Website:

  • Directly from you when you provide it to us, such as, for example, when you fill out a newsletter sign-up form.
  • Automatically from you when you use our Services, such as, for example, your device’s operating system and other usage details (see Automatic Information Collection).
  • From third parties, for example, our business partners and service providers.

This information includes:

  • Information that you provide by filling in forms on or through our Website. This includes information provided when you request further information or services. We may also ask you for information when you report a problem with our Website.
  • Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Your search queries on our Website.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on our Website.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). However, information collected in this way is always anonymized and aggregated to reflect totals, not individual users.

The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways. The information we collect helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
  • Click Tracking. Click tracking is an analytical feature that measures and reports where users click or tap on our Website. Every time you click on our Website, we record the event and log your user session for future analysis. We use this information only to improve our services. Click tracking only collects the IP address assigned to you on the date when you visit our Services, rather than your name or other identifying information. Please note, however, that when you fill out a contact or subscription form on our Website the information may be matched with your IP address.
  • Analytics. We collect analytics information from our web services provider and various third-party service providers. We only use the information we get from analytics to improve our Website. For example, we use a tool called “Google Analytics” to collect information about use of our Website. Google Analytics collects information such as how often users visit our Website, what pages they visit when they do so, and what other sites they used prior to coming to our Website. We use the information we get from Google Analytics only to improve our Website. Google Analytics collects only the IP address assigned to you on the date you visit our Website, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit our Website, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by Google Analytics’ Terms of Use and Google’s Privacy Policy. For more information on how to opt-out of Google Analytics, see Changes to Our Privacy Policy.

Third-Party Use of Cookies and Other Tracking Technologies

Our Website may provide third-party links. When you click a third-party link, the result may take you outside of our Website in which case these third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Website and its contents to you.
  • To provide you with information or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Website or services we offer or provide through it.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

We may also use your information to contact you about our services and events that may be of interest to you. If you do not want us to use your information in this way, please see Choices About How We Use and Disclose Your Information.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this Policy:

  • To contractors, service providers, and other third parties we use to support our business, including but not limited to:
    • Our hosting provider.
    • Our Website creator.
    • Data analytics providers and Internet cookie data recipients, like Google Analytics.
    • Operation systems and platforms.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including responding to government or regulatory requests.
  • To enforce or apply our Terms of Use, which can be found at tonkon.com/legal-notice/, and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.

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:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of our Website may then be inaccessible or not function properly. Other ways to opt-out of specific data collection technologies that we utilize include:
  • Promotional Offers from the Company. If you do not wish to have your email address/contact information used by us to promote our own services or events, you can opt-out by visiting here and following the instructions to unsubscribe or, if we have sent you a promotional email, by clicking unsubscribe in the email. This opt-out applies to such promotional offers only and does not apply to information provided to us as a result of a transaction or in connection with our work on any ongoing legal matter.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website at https://thenai.org/opt-out/.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Website and visiting your account profile page. You may also send us an email at privacy@tonkon.com to request access to, correct, or delete any personal information that you have provided to us pursuant to this Policy. 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.

Residents of certain states, such as California, Nevada, Colorado, Connecticut, Virginia, and Utah may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.

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, see Privacy Notice for California Residents below.

Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:

  • Confirm whether we process their personal information.
  • Access and delete certain personal information.
  • Data portability.
  • Opt-out of personal data processing for targeted advertising and sales.

Colorado, Connecticut, and Virginia also provide their state residents with rights to:

  • Correct inaccuracies in their personal information, taking into account the information’s nature and processing purpose.
  • Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

To exercise any of these rights, or to appeal a decision regarding a consumer rights request, please send us an email at privacy@tonkon.com.

Nevada provides its residents with a limited right to opt-out of certain personal information sales. However, please know we do not currently sell data triggering that statute’s opt-out requirements.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Personal information that you provide to us is encrypted and stored behind firewalls.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Website.

Changes to Our Privacy Policy

It is our policy to post any changes we make to this Policy on this page. The date this Policy was last revised is identified at the top of the page. You are responsible for periodically visiting our Website and this Policy to check for any changes, as they are binding on you.

Contact Information

If you have any questions or concerns regarding this Policy, or need to access this Policy in an alternative format due to having a disability, please email us at privacy@tonkon.com.

TONKON TORP PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

Effective Date: December 15, 2023

Last Updated on: December 15, 2023

This Privacy Notice for California Residents (this “Notice”) supplements the information contained in the Tonkon Torp LLP (“we” or “Company”) Privacy Policy above and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this Notice to comply with the California Consumer Privacy Act of 2018 (the “CCPA”), as amended by the California Privacy Rights Act of 2020 (the “CPRA”) (together, the “California Privacy Laws”) and any terms defined in the California Privacy Laws have the same meaning when used in this Notice.

Please note, this Policy does not apply to information we collect in the course of our representation of clients in legal matters and does not apply to information collected about or from third parties who are involved in legal matters with our clients. These materials are retained in client files consistent with our contractual and ethical obligations and applicable court orders.

Information We Collect

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include:

  • Publicly available information from government records.
  • Deidentified or aggregated consumer information.
  • Information excluded from the California Privacy Laws’ scope, like:
    • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the California Confidentiality of Medical Information Act (“CMIA”), clinical trial data, or other qualifying research data;
    • Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (“FCRA”), the Gramm-Leach-Bliley Act (“GLBA”) or California Financial Information Privacy Act (“FIPA”), and the Driver’s Privacy Protection Act of 1994.

In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

 

Category Examples Collected
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers. YES
B. California Customer Records personal information, as listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, address, telephone number, bank account number, credit card number, debit card number, or any other financial information.

*Some personal information included in this category may overlap with other categories.

NO; client payments are collected through LawPay, not our Website. We do not collect your data from LawPay.
C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). NO
D. Commercial information. Records of services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. YES
E. Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. NO
F. Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website or application. YES
G. Geolocation data. Physical location. YES; however, this information is collected anonymously and only includes city and state information. No addresses are collected.
H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. NO
I. Professional or employment-related information. Current or past job history or performance evaluations. YES, but only for job applicants.
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. YES, but only for job applicants.
K. Inferences drawn from other personal information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. NO

 

Sensitive Personal Information

Sensitive personal information (“SPI”) is a subtype of personal information consisting of specific information categories. We have not collected any SPI from you within the last 12 months.

How We Collect Your Personal Information and SPI

We obtain the categories of personal information listed above:

  • Directly from you, such as, for example, from forms you complete or services you purchase.
  • Indirectly from you, such as, for example, from observing your actions on our websites.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following purposes:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase our services, we will use that information to process your payment and facilitate delivery.
  • To provide, support, personalize, and develop our Website and services.
  • To create, maintain, customize, and secure your client account with us.
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To personalize your Website experience and to deliver service offerings relevant to your interests.
  • To help maintain the safety, security, and integrity of our Website, services, databases and other technology assets, and business.
  • To develop and improve our Website and services.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the California Privacy Laws.
  • 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 Website users/consumers is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We do not sell personal information. We may share your personal information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, Company has disclosed personal information for a business purpose to the following categories of third parties:

  • Our hosting provider.
  • Our Website creator.
  • Data analytics providers and Internet cookie data recipients, like Google Analytics.
  • Third-party software-as-a-solution providers, like Salesforce Pardot which we use to automate and streamline marketing and sales processes.
  • Operation systems and platforms.

Your Rights and Choices

The California Privacy Laws provide you with specific rights regarding your personal information. This section describes your California Privacy Law 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 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 or commercial purpose for collecting 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, two separate lists disclosing:
    • Sales, identifying the personal information categories that each category of recipient purchased; and
    • Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
  • The specific pieces of personal information we collected about you (also called a data portability request).

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 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:

  • Complete the transaction for which we collected the personal information, provide a service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  • 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 de-identify 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 or Delete

To exercise your rights to know or delete described above, please submit a request by either emailing us at privacy@tonkon.com or by filling out the contact form available at www.tonkon.com/about/contact/.

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.

You do not need to create an account with us to submit a request to know or delete.

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 10 business days.

We endeavor to substantively respond to a verifiable consumer request within 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.

You do not need to create an account with us to exercise your opt-out rights. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

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. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

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 only use personal information provided in an opt-out request to review and comply with the request.

Non-Discrimination

We will not discriminate against you for exercising any of your California Privacy Laws rights. Unless permitted by the California Privacy Laws, 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 services.
  • Suggest that you may receive a different price or rate for services or a different level or quality of goods or services.

Changes to this Notice

We reserve the right to amend this Notice at our discretion and at any time. When we make changes to this Notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this Notice, the ways in which we collect and use your information described here and in our Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to email us at privacy@tonkon.com.

Please also contact us if you need to access our Privacy Policy and this Notice in an alternative format due to having a disability.