California Privacy Policy

Introduction

This California Privacy Notice applies to California residents and supplements the Fishman, Larsen & Callister, APC (“FLC”) Privacy Policy. This Notice describes how we collect, use, disclose, share, and retain personal information and explains the rights available to California residents under the California Consumer Privacy Act (“CCPA”), California’s “Shine the Light” law, and other applicable California privacy laws.

It also explains how California residents (“you” or “consumers”) may exercise their rights regarding their personal information.

What Is Personal Information?

For purposes of this Notice, “personal information” means information that identifies, relates to, describes, or is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to you or your household.

Personal information does not include publicly available information, such as information lawfully made available through government records, or deidentified or aggregated consumer information.

Certain types of information are exempt from the CCPA, including:

  • Information covered by specific federal or state privacy laws, such as HIPAA, the Fair Credit Reporting Act, and the Gramm-Leach-Bliley Act.

  • Personal information collected and used solely in connection with an individual’s role as an employee, contractor, or job applicant of FLC, to the extent exempt under applicable law.

Personal Information We Collect, Use, and Share

During the past 12 months, we may have collected the following categories of personal information for business and commercial purposes:

  1. Identifiers: Name, postal address, email address, IP address, account name, and similar identifiers.

  2. Personal Information Under the California Customer Records Statute: Name, address, telephone number, financial information, health information, and other information identified in California Civil Code Section 1798.80(e).

  3. Characteristics of Protected Classifications: Age (40 years or older), gender, marital status, physical or mental disability, sexual orientation, veteran or military status, and genetic information.

  4. Commercial Information: Records of personal property, products or services purchased, obtained, or considered.

  5. Biometric Information: Fingerprints, faceprints, voiceprints, and other biological or physical characteristics used for identification purposes.

  6. Internet or Other Electronic Network Activity: Browsing history, search history, and information regarding interactions with our website, applications, or advertisements.

  7. Geolocation Data: Physical location or movement information.

  8. Professional or Employment-Related Information: Current or past employment history, job-related information, and performance evaluations.

  9. Non-Public Education Information: Grades, transcripts, student records, and other educational information that is not publicly available.

  10. Inferences: Information drawn from other personal information to create profiles reflecting preferences, behavior, characteristics, or other attributes.

We may collect personal information from the following sources:

  • Directly from you.

  • From service providers, data analytics providers, and lead-generation services.

Purposes for Collecting Personal Information

We do not sell or share your personal information, including sensitive personal information, as those terms are defined under applicable California law.

We may use the personal information we collect for the following purposes:

  • Providing Services: To manage accounts and provide services, products, or information you request, and to communicate with you.

  • Security and Fraud Prevention: To detect, prevent, and respond to fraud, malicious activity, security incidents, or unlawful activity.

  • Marketing and Communications: To send promotional materials and marketing communications, where permitted by law.

  • Legal and Regulatory Compliance: To comply with applicable laws, regulations, legal processes, and other legal obligations, and to enforce our agreements and terms of use.

  • Service Improvement: To maintain, operate, service, and improve our services and offerings.

  • Business Administration: To administer and protect our business and to conduct business activities such as auditing, accounting, transactions, mergers, acquisitions, and other corporate activities.

Disclosure of Personal Information for Business Purposes

We may disclose personal information to third parties for legitimate business purposes, including:

  • Service Providers: Service providers that assist us with website hosting, analytics, collections, customer service, technology, and other business functions.

  • Security and Legal Compliance: Third parties when necessary to detect or prevent fraud, address security concerns, or comply with legal or regulatory requirements.

  • Business Transactions: Parties involved in a merger, acquisition, financing, sale of assets, reorganization, or other business transaction.

  • Legal Obligations: Government authorities, courts, or other parties when disclosure is required or permitted by law, including in response to subpoenas, court orders, or other legal processes.

Your Rights Under the CCPA

Subject to applicable legal exceptions and limitations, California residents may have the following rights under the CCPA:

  1. Right to Know: You may request information about the categories of personal information we have collected, the sources from which we collected it, the purposes for collecting or using it, the categories of third parties to whom it may have been disclosed, and, where applicable, the specific pieces of personal information we have collected about you.

  2. Right to Delete: You may request that we delete personal information we have collected about you, subject to certain exceptions under applicable law.

  3. Right to Correct: You may request that we correct inaccurate personal information that we maintain about you.

  4. Right to Opt Out: You may request to opt out of the sale or sharing of your personal information, as applicable under the CCPA. FLC does not sell or share personal information as described in this Notice.

  5. Right to Non-Discrimination: We will not discriminate against you for exercising rights provided to you under the CCPA.

Exercising Your CCPA Rights

To exercise your rights to know, delete, or correct your personal information, right to Opt-Out (FLC does not sell personal information) and Right to Non-Discrimination please submit a verifiable consumer request through one of the following methods:

  • Contact us using the Contact Us information provided in our Privacy Policy; or

  • Complete the applicable Right to Know or Right to Delete form.

We will respond to your request within 45 days of receiving a verifiable consumer request. If reasonably necessary, we may extend the response period by an additional 45 days, provided that we notify you of the extension within the initial 45-day period.

To protect your personal information, we may need to verify your identity before processing your request. Verification may require you to provide information, such as an email address or telephone number, that allows us to reasonably confirm that you are the consumer about whom we have collected personal information or that you are an authorized agent acting on the consumer’s behalf.

California “Shine the Light” Law

Under California Civil Code Section 1798.83, California residents may request information about whether their personal information has been disclosed to third parties for those parties’ direct marketing purposes.

To make a request under the “Shine the Light” law, please contact us using the information provided in the Contact Us section of our Privacy Policy.

Retention of Personal Information

Unless otherwise stated in this Notice, we retain personal information only for as long as reasonably necessary to fulfill the purposes for which it was collected, comply with applicable legal and regulatory requirements, and satisfy our business and legal obligations.

We determine retention periods based on factors such as our relationship with you, applicable laws, regulatory requirements, and our data retention policies. We generally retain personal information for as long as we have a relationship with you, such as for the duration of an attorney-client relationship, and for a reasonable period thereafter.

When determining how long to retain personal information after our relationship with you ends, we consider factors including:

  • Our legal, regulatory, tax, accounting, and other obligations;

  • The length of time the information is reasonably needed for internal business and audit purposes;

  • The need to establish, exercise, or defend legal claims or rights;

  • The amount, nature, and sensitivity of the personal information;

  • The potential risk of harm from unauthorized use or disclosure;

  • The purposes for which the information was collected or processed and whether those purposes can be achieved through other means; and

  • Applicable legal, regulatory, and business requirements.

We periodically review our retention practices for each category of personal information and retain information in accordance with applicable data protection and privacy laws.