BARRETT McNAGNY LLP PRIVACY POLICY

Effective Date: January 1, 2020

Barrett McNagny LLP (“Barrett,” “us” or “we”) respect your privacy and are committed to protecting the privacy of visitors to our Website, contacts for our clients and prospective clients, contacts for suppliers of goods and services to Barrett, candidates for employment or engagement, and any other individuals about whom Barrett obtains personal information (each, “you”). Barrett provides or otherwise makes available to you certain online services, including our Website, , and other online programs, as well as services we may offer to you (collectively, the “Services”). This Policy discloses the privacy practices and possible uses of information that barrettlaw.com (our “Website”) collects via the Services. This Policy also covers how personal and other information that we receive or collect about you is treated. Please read the information below to learn the following regarding your use of this Website.

You acknowledge that this Privacy Policy is designed to be read in connection with our Website Terms and Conditions of Use, which is available at [www.barrettlaw.com/legal-disclaimer.com], and that by accessing or using our Website, you agree to be bound by the Website’s terms and conditions, as well as this Policy.

We reserve the right to change this Privacy Policy from time to time. We may also update this Policy from time to time in our discretion. Any such updates will be posted on the Website. We may also do so by updating any privacy information on this page. Your continued use of the Website and/or Services available through this Website after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) your agreement to abide and be bound by that Policy.

If you have any questions about this Policy, please feel free to contact us in the manner in the manner noted in Section 6.

IMPORTANT: BY USING THE WEBSITE AND/OR OFFERINGS AVAILABLE ON THIS WEBSITE, YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE.

1. Types of Information We Collect

We collect information about our users in various ways, including by our users’ voluntary submissions, by your utilization of the Services, and through the use of cookies from third-party partners such as Google and other tracking technology, as described in Sections 2(a) and 2(b). We collect two types of information about our users: Personally Identifiable Information (“PII”) and Aggregate Information.

(a) Personally Identifiable Information: This refers to information that lets us know the specifics of who you are by such as submitting content in the Contact Us form, including name, company, title, address and email information; through our Payment Portal by submitting name, address, credit card information; through our Client Portal by providing an email address ; via email, or sending us feedback, we may ask you to provide certain information about yourself.

Examples of PII may include your first and last name, email address, postal mailing address (including city, state or province zip code), telephone and facsimile numbers, and payment information, as well as other identifying information such as IP address, user and device name and geolocation.

You may choose not to provide certain information, by simply not entering or providing the information, but as a result, you may not be able to take advantage of some or all of our Services.. Or you may withdraw your consent to use your PII at any time, by clearing or blocking cookies as described in Section 4 or utilizing the contact information provided in Section 6.

We do not disclose PII to third parties, except (1) when we have your permission, (2) when the disclosure is necessary for the purpose for which the information was obtained, as disclosed herein, (3) when the third party is acting on behalf of us to provide or manage the Website or the Services, (4) when required by applicable law, or (5) where otherwise stated in this Policy.

Some recipients to whom we disclose your PII may be located in jurisdictions outside your jurisdiction of residence, and, as a result, your PII may be used, stored or accessed in countries outside of your jurisdiction of residence. In such cases, the PII will be subject to the laws of the country in which it is situated, and these jurisdictions may not have an equivalent level of data protection as those in your country.

(b) Aggregate Information: This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on our Website and what other websites may have directed you to us. This information, which is collected in a variety of different ways, is compiled and analyzed on both a personal and an aggregated basis. This information may include the Website’s Uniform Resource Locator (“URL”) that points to the website you just came from, which URL you go to after visiting our Website, what browser you are using, and your Internet Protocol (“IP”) address.

2. How We Collect and Use Information

We do not collect any PII about you unless you voluntarily provide it to us. However, you may be required to provide certain PII to us when you elect to use certain services available on the Website. These may include: (a) using our Contact Us form; (b) sending us an email message; or (c) submitting information via a registration form, Client Portal or Payment Portal; or transmitting other information by telephone or letter.

We will primarily use your PII to provide product or service offerings to you. We will also use certain forms of PII to enhance the operation of our Website, improve our internal marketing and promotional efforts, statistically analyze Website use, improve our product and service offerings, and customize our Website’s content, layout, and services. We may use PII to deliver information to you and to contact you regarding administrative notices. Finally, we may use your PII to resolve disputes, troubleshoot problems and enforce our agreements with you, including our Website Terms of Use, and this Privacy Policy.

We may use your PII for the following purposes and, for each purpose, based on the following legal grounds:

  • Provision of legal services – we may use personal information that you voluntarily submit to us on the Website or during the course of our engagement, regardless of the media used, such as identification data, contact details, and other service data that we may process in connection with the provision of services. Barrett’s work for you may also involve providing such information to third parties, such as expert witnesses and other professional advisers in order to represent your interests most effectively.
  • Administration of client and vendor relationships – we may use identification data, contact details, financial data, and other service data, including for the processing of invoices, the updating of client records, and the management of our vendor relationships.
  • Addressing client inquiries/feedback – we may use identification data, contact details, and other service data for this purpose. It may be necessary for our legitimate interests to establish or maintain a relationship with you; it is also in your interest to receive a response from us when you contact us.
  • Sending relevant marketing messages and inviting you to events/seminars – we may use identification data, contact details, cookie and device data, and mailing list data to communicate with you by way of email alerts and post to provide you with information about our events, seminars, or services that may be of interest to you. This processing is necessary for our legitimate interest to send you tailored marketing messages, client newsletters, and invitations to relevant events and seminars.
  • Improving our Website – we use cookie and device data to improve the functionality and user-friendliness of our Website. This processing is necessary for our legitimate interests to constantly monitor and improve our online presence and services to you.
  • Keeping our Website and IT systems and processes safe – we use identification data, contact details, financial data, cookie and device data, and other service data. This processing is necessary to perform our contract with you and to ensure the security and confidentiality of your data. It is also necessary for our legitimate interests to prevent illegal activities, including fraud, which could harm you and us.
  • Complying with legal or regulatory inquiries/requests – we may use identification data, contact details, financial data, cookie and device data, and legal and regulatory compliance data (including for anti-money laundering or fraud detection purposes, statutory returns and fulfillment of the Barrett’s ethical obligations). This processing is necessary for the purpose of complying with legal requirements that apply to Barrett.

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

(a) Cookies (or browser cookies). Cookies are small text files placed on the hard drive of your computer that are used to track user behaviors, recognize repeat users, and target advertising content. Cookies do not identify specific users, only the user’s device. Depending on how you use our Website, we may store cookies on your computer in order to collect certain aggregate data about our users and to customize certain aspects of your specific user experience. Cookies may also include more personalized information, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server, and your first name to welcome you back to our Website. We may use cookies to perform tasks such as: monitoring aggregate website usage metrics, storing and remembering your password for access to the Client Portal (if you allow us to do so), storing account and advertising preferences that you have set, and personalizing the Services we make available to you. However, we do not use cookies to track your browsing behaviors.

You may refuse to accept browser cookies by activating the appropriate settings 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.

(b) Tracking Technologies. Such technologies that may record information such as Internet domain and host names, IP addresses, browser software and operating systems, and dates and times of use. We use Google Analytics to collect information regarding your behavior, demographics, and geolocation or to help us to better develop Website Content. For more information about Google Analytics, go to www.google.com/policies/privacy/partners. You can also opt out by going to http://tools.google.com/dlpage/gaoptout.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services.

3. Third-Party Use of Cookies and Other Tracking Technologies

We seek to establish relationships with third-party vendors or service providers that we believe are reputable and able to adequately protect personal data.Some content or applications on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. 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 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.

4. User Choices on Collection and Use of Information. 

We may, from time to time, send you email regarding new products and services, or legal information that we feel may interest you. In addition, if you registered for an event or webinar through our Website we will automatically include you in receiving offers or information from us and we may occasionally call or send you direct mail about products and services that may be of interest to you. Only Barrett (or agents working on behalf of Barrett and under confidentiality agreements) will send you these solicitations,. If you do not want to receive solicitations from us, you can “opt-out” by clicking the “opt-out” feature at the bottom of any email correspondence or contacting Barrett to inform the appropriate individual(s) that you no longer wish to receive such offers and mailings.

You also have choices with respect to cookies, as described above. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our Website may not work properly in your case.

5. Disclosure of Your Information

We may disclose Aggregated Information about our users without restriction. We may disclose PII 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 vendors that will process your PII on our behalf and under our written instructions to carry out their services during the course of our business, such as IT service providers, financial institutions, customer relationship management databases and other cloud-based solutions, third party companies providing us with business analytics and statistics to assist with our marketing campaigns, and third party venues in which we may host events and seminars. We contract with such vendors to ensure that they only process your personal information under our instructions and ensure the security and confidentiality of your personal information by implementing the appropriate technical and organizational measures for such processing;
  • 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 Barrett’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Barrett 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 PII:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms of Use, Engagement Letters 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 Barrett, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

6. Updating and Correcting Information; Contact Information

We believe you should have the ability to access and edit the PII that you have provided to us. Some portions of the Services may also enable you to access and update your PII by visiting a specific web page or similar functionality within the Service. On those pages, you may be able to update your information, as well as manage your email preferences. If you wish to access or update your PII and are not able to do so through the Services or on this Website, please contact us, as indicated below. If you have any questions, concerns or inquiries about our Privacy Policy, our use of your PII, or our privacy practices, you can reach us at:

Barrett McNagny LLP

Attn: Marketing Director

215 E. Berry Street

Fort Wayne, IN 46802

(260) 423-9551

info@barrettlaw.com

Please include your name, address, and/or email address when you contact us.

It may be impossible to completely delete your information without some residual information because of backups.

7. Security of Your PII

At our Website you can be assured that we take the protection of your PII seriously. We employ measures to protect your PII against loss or theft, as well as unauthorized access, disclosure, copying, use, modification or destruction thereof utilizing security measures, including physical, organization and technological measures consistent with current industry standards. For example:

  • We work hard to ensure that the data we collect is reliable, accurate, complete and current. We encrypt all PII, in order to prevent unauthorized parties from viewing such information when it is transmitted to us. We also only keep collected information only for as long as reasonably necessary and use it only for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.
  • We limit access to PII only to specific employees, contractors and agents who have a reasonable need to come into contact with your information. For example, we may provide members of our technical support team with limited access to your account or information in order to allow them to troubleshoot problems you may be having with the Website.
  • Additionally, we also employ a number of physical, electronic, and procedural safeguards to protect PII. Our secure servers and our data centers are protected by industry-standard encryption, and our servers reside behind firewalls and employ high-level password protection.
  • Finally, access by you to your PII is available through a password and unique customer ID selected by you. This password is encrypted. We recommend that you do not divulge your password to anyone.

In order to most effectively serve you, payments made through the Payment Portal are handled by established third party payment processing institutions and processing agents. They receive the information needed to verify and authorize your credit card or other payment information and to process your payment. We take care to use third-party vendors and service providers that we believe are reputable and able to live up to our and your expectations, including about the handling of confidential information.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your PII, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Website cannot be guaranteed.

8. Miscellaneous.

(a) Intended Audience. You must be at least 18 years old to have our permission to use this Website. Our policy is that we do not knowingly collect, use or disclose PII about minor visitors.

(b) Voluntary Public PII Disclosure. You should also be aware that when Personally Identifiable Information is voluntarily disclosed (i.e. your name, email address, company name, job title, and physical address) in the Contact Us Forms, Registration Form, Client Portal or Payment Portal or other public areas on this Website, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages (including unwanted spam messages) from third parties. Such activities are beyond our control and this Policy does not apply to such information. Please consult our Website Terms and Conditions of Use Agreement for our Website Conduct policies.

Barrett McNagny LLP

Legal Disclaimer

The information contained in the Barrett McNagny LLP website is for informational purposes only and should not be considered legal advice on any subject matter. Furthermore, the information contained on our website may not reflect the most current legal developments. You should not act upon this information without consulting legal counsel.

Your transmission and receipt of information on the Barrett McNagny LLP website, or sending an e-mail to one of our attorneys or staff, will not create an attorney-client relationship between you and Barrett McNagny LLP. If you need legal advice and want to establish an attorney-client relationship with Barrett McNagny LLP, please contact one of our attorneys by telephone, email, or other means of communication, and allow the attorney to confirm that the firm does not represent other persons or entities involved in the matter and that the firm is willing to accept representation. Until such confirmation is provided by one of our attorneys, you should not transmit information to us that you consider confidential. If you do provide information to us, and no attorney-client relationship is established, the information will not be considered confidential or privileged, and our receipt of such information will not preclude us from representing another client in a matter adverse to you.

Any links to other websites are not intended to be referrals or endorsements of those sites.

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An attorney-client relationship will NOT be formed merely by sending an email to Barrett McNagny, LLP or to any of its attorneys. Please do not send any information specific to your legal needs until you obtain approval from a Barrett McNagny, LLP attorney, as the content of such email will not be considered confidential or privileged. By sending us an email, you confirm your understanding of this notification. If you agree, you may use the e-mail links on this page to contact an attorney. By providing your mobile number, you consent to receive text messages from Barrett McNagny regarding your case and related services. Please note that standard message and data rates may apply.
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