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As a convenience to you, some of the web pages contain links to web sites not maintained by Mitchell Silberberg & Knupp LLP. The linked sites are not under the control of, and Mitchell Silberberg & Knupp LLP is not responsible for, the contents of any web site to which it is linked. The inclusion of any link does not imply endorsement, approval, or sponsorship by Mitchell Silberberg & Knupp LLP or the linked site of one another.
In addition to any obligations placed on Mitchell Silberberg & Knupp LLP (“MSK”) by way of the attorney-client relationship and/or any other legal regimes or protocols which impact the manner in which MSK interacts with its clients and vendors, MSK takes seriously the protection of the personal information it collects about those with whom it interacts, be they clients, vendors, visitors or anyone else, and takes all reasonable steps to protect that data from unauthorized disclosure.
Notice re Data of California Residents (Effective January 1, 2020)
In June 2018, the California Consumer Privacy Act (“CCPA”) was signed into law. The CCPA seeks to protect the personal information of California residents by giving them greater knowledge about the nature and extent of data collected about them, how it is used, sold, or shared by those who possess it, and how the individual consumer may control the use of their personal data. Mitchell Silberberg & Knupp LLP (collectively, “MSK,” “we,” “us,” or “our”) is committed to protecting the personal information of California consumers.
What categories of personal information do we collect?
MSK collects only the data we need to conduct our business with you. Personal information is information that directly or indirectly identifies a particular consumer, household or device. We may not collect all of the data listed below about a single consumer but we have collected the following categories of personal information about consumers generally within the last 12 months.
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Please note that some personal information included in this category may overlap with that in other categories.
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).
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
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.
Internet or other similar network activity.
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
Physical location or movements.
Audio, electronic, visual, thermal, olfactory, or similar information
Professional or employment-related information.
Current or past job history or performance evaluations.
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.
Inferences drawn from other personal information.
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
What sources do we collect personal information from?
You are the primary source of information we collect about you, but we may also be provided with such information from third parties, such as opposing counsel, government agencies and other parties encompassed within the nature of the matter(s) in which we represent you or your company. We may also collect information about consumers from our website and/or from third parties that interact with us in connection with the legal services we provide.
What are our purposes for collecting personal information?
Our interest in processing any personal information about any consumer is so that we may provide our services and manage our business, including but not limited to: a) Providing legal services and responding to requests for legal services; b) Providing information relating to our legal services either in response to specific requests or generally in order to develop our business; c) Providing legal updates and information in relation to events in which we believe clients and professional contacts may have an interest; d) Billing for our services and obtaining payment; e) Responding to inquiries and/or complaints; f) Meeting our legal and regulatory obligations; g) Making appropriate business development plans to better support our clients’ needs for legal services; and h) Improving the functionality of our website, social media feeds and other IT requirements.
Who do we share personal information with?
MSK does not generally share personal information with third parties except in the course of representing our clients and then only as consented to by the client., but we do share persona information in certain circumstances, which may include, but is not limited, to our attorneys and staff, third party service providers, and as required in response to a subpoena, court order and/or other legal, regulatory or business reasons.
How do we protect your personal information?
MSK maintains the personal information it receives and retains in an encrypted or redacted manner relying on industry standard security measures to protect the information as much as reasonably possible. We will do our best to keep the personal information we maintain about California consumers secure. However, no Internet connection is totally secure. Therefore, we cannot guarantee that our safeguards will prevent every attempt at unauthorized access or use, or the disclosure of any personal information.
If you become aware of a security breach, please notify us immediately at firstname.lastname@example.org.
What rights do consumers have under the CCPA?
As a California resident, the CCPA grants you certain rights regarding your personal data.
- Right to access information concerning your personal data. You have the right to request that MSK disclose to you the following information about our collection and use of your personal information in the preceding 12 months:
(1) The categories of personal information we collected about you.
(2) The categories of sources from which the personal information is collected.
(3) The business or commercial purpose for collecting personal information.
(4) The categories of third parties with whom we share your personal information.
(5) The specific pieces of personal information we collected about you.
- Right to request deletion of your personal data. You have the right to request that MSK delete any of your personal information that we have collected, subject to certain exceptions. MSK may deny your request if it is necessary for us or our service providers to retain your personal information in order to:
(1) Complete the transaction for which the personal information was collected, provide the services you requested, are reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform any contract between MSK and you.
(2) Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for such activity.
(3) Debug to identify and repair errors that impair existing intended website and system functionality.
(4) Exercise free speech, ensure the right of another consumer to exercise their right of free speech, or exercise another right provided for by law.
(5) Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
(6) 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 deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent.
(7) To enable solely internal uses that are reasonably aligned with the expectations of the consumer based on your relationship with MSK.
(8) Comply with a legal obligation.
(9) Otherwise internally use your personal information in a lawful manner that is compatible with the context in which you provided the information.
- Right to non-discrimination. We will not discriminate against you for exercising any of your rights granted by the CCPA. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
(3) Provide you a different level or quality of goods or services.
(4) Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
We do not provide access, data portability and/or deletion rights for B2B personal information.
MSK does NOT sell personal information. As such, we are not required to provide an opt-out process.
Exercising your rights. If you wish to receive a copy of the personal information we maintain about you, please comply with the following instructions:
- You may request a copy of the personal information we maintain about you twice in any 12 month period, as provided by the CCPA. We will decline to provide the data more frequently.
- We will provide the data free of charge and in a portable manner, also as required by the CCPA.
- In order to request the personal information we maintain about you, you must provide us with three (3) categories of information:
- Your full name;
- The name of the MSK attorney with whom you primarily deal or dealt with;
- And one or more of the following as you understand this information to be maintained in MSK’s records:
- Your email address;
- Your home, office or cellular telephone number;
- Your home or office street address.
- If you do not provide us with three (3) categories of information, we may not be able to verify you are the proper consumer to whom to release the requested personal information. As such, if we do not receive three (3) categories of information or we are not able to verify your identity, even with three (3) categories of information, we will contact you to seek further details from which to verify your identity.
- Appeal Rights. If we conclude we are unable to verify that you are the proper consumer to whom to release the requested personal information or we have released your personal information to you and you contend the information provided is not complete, you may appeal either decision by sending a letter addressed to MSK, 2049 Century Park East, 18th Floor, Los Angeles, CA 90067, Attn: CCPA Appeal or email to email@example.com and putting the word “APPEAL” in the “Re:” line of your written communication.
How to submit requests or inquiries regarding your CCPA rights
If you contend your privacy rights have been violated, please email us at firstname.lastname@example.org.
 The law includes your right to information about the sale of your data, but since MSK does not sell personal information, the reference to the sale of data here has been deleted.
MSK’s Notice re Data of European Countries Residents
(Effective May 25, 2018)
As you may be aware, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lichtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom (the European Countries) recently adopted new regulations applicable to certain types of personal information called the General Data Protection Regulations, or GDPR. We do not have an office in any of the these countries, do not conduct business or offer services in any of these countries, and do not acknowledge that the GDPR applies to us or any information we may possess about you. Nonetheless, the advent of the GDPR has caused us to review our policy as it concerns personal information belonging to residents of any of the European Countries. That policy is set forth below. Of course, we reserve the right from time to time to update it without further notice as we deem appropriate.
For residents of any of the European Countries only who provide us with personal data that directly or indirectly makes you identifiable in our records as a natural person, including but not limited to, your name, address, personal mobile and/or office telephone number, personal or business email address, passport data, driver’s license data, a personal identification number, location data, an online identifier or one or more other factors specific to your physical, physiological, genetic, mental, economic, cultural or social identity, please be advised of the following:
In general, our policy regarding Data of European Countries Residents may give you the following rights only as to information to which the GDPR applies:
- To be aware of what personal data about you we have in our records – i.e., what we know about you;
- To be informed about the processing of your personal information – i.e., what we do with the data we receive from you;
- To have your personal information corrected if it is inaccurate and to have incomplete personal information completed, if you think the data we have is not totally accurate;
- To object to the processing of your personal information – i.e., to refuse to permit us to do anything with your personal data;
- To restrict processing of your personal information – i.e., to limit what we can do with your data;
- To have your personal information deleted (the “right to be forgotten”) from our system;
- To request access to your personal information and to obtain information about how we process it, so that you may confirm what data we may have and what we do with it;
- To move, copy or transfer your personal information (“data portability”); and
- In relation to automated decision making which has a legal effect or otherwise significantly affects you, to request clarification of what we do with any personal data we may have about you.
Please note the following as it concerns Data of European Countries Residents which may be subject to the GDPR:
- We will generally keep your personal data for only so long as we believe we have a reasonable business need for that data, such as managing our relationship with you, your employer or any affiliated third party, and managing our operations. Otherwise, your data will generally be retained for six (6) years once our representation ends or the matter to which the information relates has concluded.
- In determining whether we have a legitimate interest in receiving your data, we will endeavor to, in our best judgment, weigh our need for your data with your need to keep it private. Any data we seek will generally be limited to only that which we believe in our best judgment is necessary to know so that we are able to carry out our legal services and related functions, and/or to keep you informed about legal developments, and for no other purposes.
- If at any time your personal information changes, particularly your contact data, please immediately let us know by emailing email@example.com. If you would like to have your contact data deleted from our records, please email us at firstname.lastname@example.org. If you email us requesting deletion of your contact data, we will endeavor to do so unless one of the recognized exceptions applies permitting us to retain your contact information.
- Any personal data that you may have provided to us will generally be stored in our system and be accessible only to those individuals who have a “need to know,” which includes our attorneys, support staff and contractors.
If we contact you for marketing purposes, we will endeavor to do so only in accord with your preferences. You may request that we stop these emails by contacting us at MarketingDepartment@msk.com.
Prior results do not guarantee a similar outcome.