Our attorneys have more than 50 years of experience representing, running, and developing policy for, technology companies. So, we take your privacy very seriously.
Newman Jones, PLLC (“Newman Jones” or “we” or “our”) is committed to respecting the privacy of all individuals visiting our websites and online applications (collectively, the “Sites”).
This Policy sets out:
· In general, the types of personal information that Newman Jones collects on the Sites, such as when browsing our consent, using our online portal, etc. In some cases, portions of this Policy also will apply to information collected on our Sites as well as when collected offline, such as while visiting our offices, attending one of our events, or otherwise interacting with us in the normal course of our business;
· The purposes we may use, disclose or otherwise process personal information;
· Information regarding our marketing and individuals’ ability to withdraw their consent or otherwise object to marketing; and
· Individuals’ rights with respect to our use or disclosure of their personal information.
· This Policy summarizes Newman Jones’s policies and procedures with respect to personal information. Any personal information collected, held, used or processed by Newman Jones is also subject to the relevant provisions of applicable local laws and/or Newman Jones policies in each jurisdiction where we have a presence.
Personal Data We Collect:
We may collect and process the following personal information from you:
· Identification and contact information: such as 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, identification number, gender, marital status, date of birth, job title and function;
· Protected classification characteristics: such as age, 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);
· Commercial information: such as records of products or services purchased, obtained, used, or considered, or other purchasing or consuming histories or tendencies;
· Financial and Payment Data: including bank and other financial account information and other information necessary for processing payments, billing and invoicing, as well as fraud prevention;
· Event registration or mailing list data: such as marketing and communications preferences and interests, subscriptions, downloads, dietary requirements and preferences (which may reveal information about your health and/or religious background);
· Physical access data: such as data relating to details of your visits to our offices or while attending one of our conferences;
· Geolocation data: such as physical location or movements;
· Professional or employment-related information: such as job application information including résumé, work history, and other data provided by you or third parties, as well as employment information concerning performance, pay and employee benefits, etc.;
· Non-public education information: such as education records from an educational institution that include grades, transcripts, class lists, or student disciplinary records;
· Sensitive personal information: such as an individual’s social security, driver’s license, state identification card, or passport number; account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; precise geolocation; racial or ethnic origin, religious or philosophical beliefs, or union membership; the contents of a consumer’s mail, email, and text messages unless the business is the intended recipient of the communication; genetic data; personal information collected and analyzed concerning a consumer’s health; and personal information collected and analyzed concerning a consumer’s sex life or sexual orientation; and
· Inferences drawn from other personal information: such as the creation of a profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
We may supplement the information that you provide to us with information that we receive or obtain from other sources, such as from our personnel, clients, advisers, partners, and agents, third parties with whom we interact and publicly available sources.
Purposes of Collecting and Using Personal Information:
We collect, use, and otherwise process the personal information referred to above for the following purposes and on the below legal bases:
· To provide you with information, products, or services you request from us, including as described to you when collecting your personal information;
· To fulfil or meet the reason for which the information is provided;
· To contact you and/or provide you with email alerts and other notices concerning our products, services, events, or news that may be of interest to you. For example, we may send you announcements, surveys, and newsletters using any communications preferences you have expressed. We may provide these communications via email, postal mail, online advertising, social media, telephone, text message (including SMS and MMS), push notifications, in-app messaging, and other means. Of course, if at any time you no longer wish to receive such communications, you have the option of unsubscribing from our mailing list for that communication;
· To communicate with you in social media concerning our products and services;
· To ensure your information is accurate and to personalize our communications to you. For example, we may aggregate your personal information with data from various sources for purposes of keeping information up to date. If you connect your social media services or other accounts to our services, we may use this information to make your experiences with us more personal or share and use it as described elsewhere in this Policy;
· To carry out our obligations and enforce our rights including those arising from any contracts entered into with you including for billing, payment, and collections. This includes fulfilling contract obligations or taking steps linked to a contract, including providing legal services, verifying your identity, processing payments;
· To provide, support, personalize, and develop our Site, products, and services;
· To create, maintain, customize, and secure your account with us;
· To provide customer service and engage in quality control activities concerning our products and services;
· To personalize your Site experience and to deliver content and service offerings relevant to your interests, including targeted offers and ads through our Site, third-party sites, and via email;
· For testing, research, analysis and product and service development. We may use data, including public feedback and surveys, to conduct research and for the development of the Site and the services, products, and information we provide;
· To respond to law enforcement requests and as required by applicable law, court order, governmental regulations, or other lawful processes;
· To manage our recruiting efforts and employment and workforce relationships. These activities include, for example, sourcing and processing employment applications, onboarding employees and contingent workers, and carrying out a range of employments activities relating to the employment relationship, such as compensation, benefits, promotion, discipline, termination, and certain post termination activities. Please note that if you are hired by Newman Jones, data you or another submits on your behalf as an applicant will be transferred to our employee records for the purposes of your employment and subject to our policies with respect to the processing of employee data, which will be provided to you upon the commencement of your employment;
· As necessary or appropriate to protect the rights, property, security, and safety of us, our employees, our consumers, our information systems, and the public; and
· 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 is among the assets transferred.
In certain circumstances, we will not be able to provide legal services to clients if we are not provided with all relevant personal information.
Marketing Communications and Withdrawing Consent:
We may contact you with information about services or events that might be of interest to you. Where necessary in compliance with applicable law, at the time that you provide your personal information to us, you will be given the opportunity to indicate whether or not you agree for us to use your personal information to tell you about such services and events.
You will always be able to withdraw your consent to allow us to process your personal information, although we may still have other legal grounds for processing your data, such as those set out above. In some cases, we are able to send you marketing materials without your prior consent, where we rely on our legitimate interests, but you have an absolute right to opt-out of receiving future marketing materials at any time. You can do this by following the instructions in the email communication you receive, or by contacting us at email@example.com.
Disclosure of Your Personal Data:
We have the right to disclose your personal information with trusted third parties including:
· Legal or other advisers, consultants and other professional experts, complainants, correspondents and inquirers, and suppliers and service providers of any of the above, and each of their associated businesses;
· Business partners, suppliers and sub-contractors in connection with the performance of any contract we enter into with them or you; and
· Analytics and search engine providers that assist us in the improvement and optimization of our website.
We may also disclose your personal information to third parties:
· If we sell or buy any businesses or assets or merge any business into or with that of another person, in which case we may disclose your personal information to the prospective counterparty in such transaction and such data may be one of the assets transferred in such transaction;
· To comply with applicable laws, regulations, subpoenas, legal process, governmental investigations or inquiries, to cooperate with law enforcement, to assert or defend legal claims, and to protect our and others’ rights, property, or safety we may share data with the appropriate law enforcement, regulatory or government agency, as well as adversaries; and
· For the purposes of crime and fraud prevention and remediation we may share data with law enforcement, regulatory or government agencies and/or independent regulatory bodies.
We do not sell any personal information to any other person.
How Long We Keep Your Personal Data:
When we process personal information for marketing purposes or with your consent, we process the data until you ask us to stop and for a short period after this (to allow us to implement your requests). We also keep a record of the fact that you have asked us not to send you direct marketing or to process your data so that we can respect your request in future.
In general, where we process personal information in connection with the provision of legal services, we keep the data for 10 years from the date the matter is closed.
Cookies and Similar Technologies:
What are they?
Cookies are small pieces of information sent by a web server to a web browser which allows the server to uniquely identify the browser on each page. Other tracking technologies are also used which are similar to cookies. This can include pixel tags and tracking URLs.
All these technologies are together referred to in this Policy as “Cookies”. Please note that if you delete or disable Cookies from us, you may not be able to access certain areas or features of our website.
The types of Cookies that we use on our website, and the purposes for which they are used, are set out below:
· Strictly Necessary/Essential Cookies: These Cookies are essential to enable you to move around our website and use its features, such as accessing secure areas. Without these Cookies, any services on our website you wish to access cannot be provided.
· Analytical/Performance Cookies: These Cookies collect information about how you and other visitors use our website, for instance, which pages you go to most often, and if you get error messages from web pages. We use data from these Cookies to help test designs and to ensure that a consistent look and feel is maintained on your visit to the website. All information these Cookies collect is aggregated and is used only to improve how a website works.
· Functionality Cookies: These Cookies allow our website to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal features. These Cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customize. They may also be used to provide services you have asked for such as watching a video. Additionally, these Cookies can be used to allow an optional service to function. The information these Cookies collect may be anonymized and these Cookies cannot track your browsing activity on other websites.
· Advertising/Targeting Cookies: These cookies are used to deliver advertisements relevant to your interests. They track your browsing habits and help, and our advertising partners display targeted advertisements based on your online behavior. These cookies may collect information such as your IP address, device identifier, or browser type. They are often placed by third-party advertising networks.
· Pixel tags: These are also known as a clear GIF or web beacon. These are invisible tags placed on certain pages of our website but not on your computer. When you access these pages, pixel tags generate a generic notice of that visit. They usually work in conjunction with Cookies, registering when a particular device visits a particular page. If you turn off Cookies, the pixel tag will simply detect an anonymous website visit.
· Tracking URLs: These are used to determine from which referring website our website is accessed.
Additional Information For California Consumers:
This section (“CCPA Section”) of the Policy supplements the Policy but pertains to the California Consumer Privacy Act, and any amendments thereto (“CCPA”). This CCPA Section applies solely to individuals who are residents of the State of California (“consumers” or “you”) as required under the CCPA. This CCPA Section supplements the description in the Policy concerning our policies and practices regarding the collection, use, and disclosure of personal information we collect about you, including personal information we obtain when you access or use the Site, or through other channels including but not limited to visiting one of our offices, phone and email conversations, attending our events, in-person interactions, interactions on our websites and other third party websites such as social media sites, viewing our emails, or through our authorized services providers.
Categories of Personal Data Collected: In the past 12 months, we have collected the following categories of personal information: identifiers, characteristics of protected classifications under California or U.S. federal law, professional and employment-related information, education information, commercial information, internet and electronic network activity, [inferences], sensitive personal information, and other categories of personal information that relate to or are reasonably capable of being associated with you. For additional details about the personal information we collect, please see “Personal Data We Collect” above. Under the CCPA, personal information does not include certain categories of personal information, including without limitation: (i) publicly available information from government records; (ii) deidentified or aggregated consumer information; (iii) personal information that is collected, processed, sold, or disclosed pursuant to the federal Gramm-Leach-Bliley Act (Public Law 106-102), and implementing regulations, the California Financial Information Privacy Act (Division 1.4 (commencing with Section 4050) of the Financial Code), or protected health information that is collected, processed, sold, or disclosed pursuant to the federal Health Insurance Portability and Accountability Act, and implementing regulations.
Business or Commercial Purpose for Collecting and Using Data: We collect and use personal information for the purposes described in the “Processing of Personal Data” section above.
Categories of Sources of Personal Data: We collect personal information directly from you and from the sources described below:
· You. We may collect personal information that you provide during your interactions with us, such as through our Site, by email, or when you communicate with our professionals online, by phone, at one of our offices, or through social media. We may also collect information when you attend an event, or participate in a program, webinar, or podcast we sponsor. We collect information when you are an applicant for employment with us and employed by us. We also collect information through certain online tracking tools, such as browser cookies, flash cookies, and web beacons, as well as through our advertising activities.
· Related Entities and Affiliates. We may collect information about you from our related parties and affiliates, including joint ventures (if any).
· Social media and related services.
· Service providers and contractors. When you obtain products and services from us, we may collect your personal information from service provider and contractors who collected information about you that is needed to provide those products and services.
· News outlets, social media, surveys and certain third parties. In the course of performing our services or marketing activities, we or third parties on our behalf may conduct research and other activities resulting in the collection of personal information about you.
· Information Collected Automatically. As you navigate through and interact with our Site, we may compile statistical information concerning your usage of the Site through analytics services, such as those provided by Google Analytics. To do so, we may collect certain information about your equipment, browsing actions and patterns, including:
· Details of your visits to our Site, such as traffic data, location data, logs and other communication data and the resources that you access and use on the Site;
· Information about your computer and internet connection, including your IP address, operating system, and browser type;
· Information about the type of device you are using, mobile ad identifiers, the time and length of your visit, and the website that referred you to our Site; and
· Categories of Personal Data Disclosed and Categories of Third-Party Recipients: In the past 12 months, we have disclosed identifiers, employment data, commercial information, and internet and electronic network activity to the following categories of recipients: clients, cloud service providers, consultants, data analytics providers, bar associations, internet service providers, data storage providers, and operating systems and platforms. We also disclosed professional and employment-related information, education information and certain sensitive personal information to clients, cloud service providers and consultants. For additional information on how we disclose personal information, see “Disclosure of Your Personal Data” above.
Sharing and Sales of Personal Data:
We do not sell or share your personal information (as “sell” is defined in the CCPA), though we do disclose personal information to our affiliates, service providers and other vendors as described above. We also do not have actual knowledge that we have sold personal information of minors under age 16.
Uses and Disclosures of Sensitive Personal Information:
We do not use or disclose your sensitive personal information for purposes that, with limited exceptions, are not necessary in order to provide our products and services as are reasonably expected by an average consumer requesting those goods and services.
Retention of Personal Data:
Please see “How Long We Keep Your Personal Data” above.
Your Consumer Rights as a California Consumer:
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:
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. Once we receive and confirm your verifiable consumer request, 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 disclose that personal information;
· The categories of personal information we sold or disclosed for a business purpose; and
· The specific pieces of personal information we collected about you (also called a data portability request).
Upon receipt of a verifiable consumer request (see below), and as required by the CCPA, we will provide a response to such requests. Any disclosures we provide will only cover the 12-month period preceding the receipt of your verifiable consumer request. With respect to personal information collected on and after January 1, 2022, and to the extent expressly required by applicable regulation, you may request that such disclosures cover a period beyond the 12 months referenced above, provided doing so would not require a disproportionate effort by us.
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. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers and contractors, as applicable), to delete your personal information from our records, unless an exception 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 the personal information was collected, provide a good or service requested by you, or reasonably anticipated by you within the context of our ongoing business relationship with you, or otherwise perform a contract between the Company and you;
· Help to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for those purposes;
· Debug to identify and repair errors that impair existing intended functionality;
· Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
· 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;
· Engage in public or peer-reviewed scientific, historical, or statistical research that confirms or adheres to all other applicable ethics and privacy laws, when the Company’s deletion of the information is likely to render impossible or seriously impair the ability to complete such research, if you have provided informed consent;
· To enable solely internal uses that are reasonably aligned with your expectations based on your relationship with the Company and compatible with the context in which the consumer provided the information;
· Comply with a legal obligation; and
· Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Right to correct:
You have the right to request that the Company correct any inaccurate personal information we maintain about you, taking into account the nature of that information and purpose for processing it. Upon receipt of a verifiable consumer request (see below), and as required by the CCPA, we will provide a response to such requests.
Exercising the Rights to Know, Delete, and Correct:
To exercise the know, correction, and deletion rights described above, please submit a verifiable consumer request to us by emailing us at firstname.lastname@example.org
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. We will verify your identity before responding to your request.
Provide sufficient information that allows us to reasonably verify you are the person about whom we collect 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.
Response Time and Format:
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.
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 the verifiable consumer request’s receipt, except as provided above or as required under the CCPA. 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 usable and should allow you to transmit the information from one entity to another entity without hindrance. Data portability request format will be determined upon request.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.
You may authorize a natural person or a business (the Agent) to act on your behalf with respect to the rights under this CCPA Section. When you submit a Request to Know, Correct, or Delete, the Agent must provide proof that you gave the Agent signed permission to submit the request, and you either must (i) verify you own identity with the business or (ii) directly confirm with us that you provide permission to the Agent. However, these steps are not required when you have provided the authorized agent with power of attorney pursuant to Probate Code sections 4000 to 4465. We reserve the right to deny requests from persons or businesses claiming to be authorized agents that do not submit sufficient proof of their authorization.
We will not discriminate against you for exercising any of your CCPA rights. The right to nondiscrimination also includes an employee’s, applicant’s, or independent contractor’s right not to be retaliated against for the exercise of their CCPA rights.
Changes to the CCPA Section. We reserve the right to amend this CCPA Section at our discretion and at any time. When we make changes to this CCPA Section, we will post the updated notice on the Site and update the notice’s effective date. Your continued use of our Site following the posting of changes constitutes your acceptance of such changes.
California’s Shine the Light Law:
California Civil Code §1798.83, known as the “Shine the Light” law, permits our customers who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under §1798.83, we currently do not share any personal information with third parties for their direct marketing purposes.
Governing Law and Forum:
The laws of the State of Arizona govern this Policy. Any dispute relating to this Policy or your use of our website shall be resolved solely in the state or federal courts located in Phoenix, Arizona. If any provision of this Policy is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable.
If you have any questions or comments about this notice, the ways in which we collect and use your information described here, your choices and rights regarding such use, please do not hesitate to contact us at:
Postal Address: 14747 N. Northsight Blvd., Stes. 111-143, Scottsdale, AZ 85260
Policy last updated: October 6, 2023