Trepanier MacGillis Battina P.A.
When commercially practical, or as required by law, TMB will obtain your consent to collect, use, process, or disclose personal information (including Personally Identifiable Information and Non-Personal Data, as those terms are defined below). TMB may collect, use, process, or disclose personal information with or without your consent:
(i) when the collection, use or disclosure of personal information is permitted or required by law;
(ii) in an emergency that threatens an individual’s life, health, or personal security;
(iii) when the personal information is available from a public source;
(iv) when TMB or its affiliates require legal advice from an attorney;
(v) for the purposes of collecting a debt;
(vi) to assist TMB and its affiliates in loss prevention and to protect TMB and its affiliates from fraud;
(vii) to create, develop, operate, deliver, and improve our services, content and advertising; or
(viii) to investigate an anticipated breach of an agreement or a contravention of law.Consent may be provided orally, in writing, electronically, through an authorized representative or affiliate, or it may be implied where the purpose for collecting, using or disclosing the personal information would be considered obvious and you voluntarily provide personal information for that purpose.
Consent may also be implied when you are given notice and a reasonable opportunity to opt-out of providing personal information being used for mail-outs, marketing, or other TMB functions, and you do not opt-out.
TMB does not normally target potential clients in the European Union. If you are a citizen of a European Union member country, you may have a right under the European Union General Data Protection Regulation 2016/679 of 2018 (“GDPR”) to: (i) withdraw consent; (ii) request your Personally Identifiable Information (defined below) previously collected by TMB; or (iii) pause any data processing relating to your Personally Identifiable Information in the event you object to it. If you would like to exercise any of the options listed in this subsection, please contact TMB’s Privacy Officer. In the event you are a resident of a jurisdiction subject to GDPR protections and are also using TMB’s Sites within a jurisdiction subject to GDPR protections, TMB will ensure your consent is consistently accurate with your most up-to-date information and the purpose for which the data is being used. If either of those changes, TMB will make a new request for your consent. We may decline to process requests for data that are frivolous/vexatious, jeopardize the privacy or attorney-client privilege of others, are extremely impractical, or for which access is not otherwise required by local law. We may also decline aspects of deletion or data access requests if we believe doing so would undermine our legitimate use of data for anti-fraud and security purposes.
Information TMB May Collect.
Personally Identifiable Information: We may collect information that identifies you (“Personally Identifiable Information”) when you contact us, or otherwise interact with TMB, including, but not limited to, requesting any TMB program or service, and/or registering for a TMB event or program. Types of Personally Identifiable Information collected may include your name, address, phone number, birth date, occupation/job title, billing and delivery information, e-mail address, credit card, or other financial account information. Specific Personally Identifiable Information regularly collected by TMB from its clients or potential clients include, but are not limited to:
(i) First and last name, phone number, and e-mail address; and
(ii) Business/Employer name, phone number, and e-mail address.
Non-Personal Data: As you interact with our Sites, we may collect information about your browsing history or certain other information that is not Personally Identifiable Information through your use of and visits to the Sites and our use of a variety of technologies, including, but not limited to, cookies (explained below), tags, beacons, Internet Protocol (IP) addresses, and other tools. The types of Non-Personal Data collected on our Sites, and other tools as TMB may add from time to time, include, but are not limited to the following: the search terms you used, new or returning user, browser information, computer type, operating system, internet service providers, website usage, referring/exit pages, platform type, date/time stamp, number of clicks, and ads viewed. Additionally, cookies, tags and other tools placed by third parties may collect other information about you and your visits to the Sites and elsewhere on the Internet (collectively, all of the foregoing data is referred to as the “Non-Personal Data”).
How TMB May Use or Process Personally Identifiable Information.
TMB’s Use of Your Personally Identifiable Information. Once collected, we may use your Personally Identifiable Information in a variety of ways including, but not limited to:
(i) Provide service communications such as bill reminders and client service messages;
(ii) Respond to your e-mails or online requests for services or information;
(iii) Deliver or process surveys;
(iv) Personalize and improve the usability of the Sites;
(v) Fulfill or deliver TMB services;
(vi) Tailor content for the Sites, and TMB advertising and marketing;
(vii) Share Personally Identifiable Information with third parties as required by law; and
(viii) Share your e-mail address as permitted under the TMB “Sharing Your E-mail Address” policy described below.
Sharing Your Personally Identifiable Information to Perform Business Functions. When TMB fulfills service requests initiated by you, we may share your Personally Identifiable Information with certain third parties to fulfill the requests or share such information with service providers that perform business functions for us. TMB may occasionally hire other companies to provide limited services on our behalf including, but not limited to, packaging and mailing. In such cases, TMB may share your Personally Identifiable Information to the extent permitted by applicable law.
Sharing Your Personally Identifiable Information When Legally Necessary or to Protect TMB’s Interests. TMB may disclose your Personally Identifiable Information if required to do so by law or in the good-faith belief that such action is necessary to: (i) conform to legal requirements or comply with legal process served on TMB; (ii) protect and defend the rights or property of TMB; or (iii) protect the personal safety of TMB personnel or members of the public in appropriate circumstances. In addition, if TMB and/or its assets (or a portion of its assets) are sold, assigned, transferred, or merged, or if TMB undergoes some other change including a change to its corporate form as part of a bankruptcy proceeding or otherwise, Personally Identifiable Information or Non-Personal Data may be transferred as part of that transaction or change.
Sharing Your E-mail Address. Your e-mail address will only be used by TMB, its affiliated entities, and third-party service providers (only as necessary to perform services you request) and will not be sold to anyone outside TMB. As such, TMB will refrain from sharing e-mail addresses to unrelated third parties except to: (i) enable TMB to take security measures to help protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data; or (ii) perform certain services on our behalf, such as packaging, mailing, and delivering event registrations, or to respond to your service requests.
You can manage your profile and e-mail preferences, including opting out of e-mail either online or by contacting TMB’s Privacy Officer/DPO at: email@example.com.
How TMB May Use Non-Personal Data.
TMB’s Use of Your Non-Personal Data. We may collect Non-Personal Data to improve the usability of our Sites/services and for other business purposes. We may share the Non-Personal Data we collect with third parties or permit third parties to place tools like cookies, tags and web beacons, and collect additional Non-Personal Data when you browse our Sites. TMB or other third-party companies may then use the Non-Personal Data to provide general advertisements and targeted advertisements to you (ads based on the Non-Personal Data). However, TMB will refrain from sharing any Personally Identifiable Information with third parties with whom we share your Non-Personal Data.
How You Can Manage Collection of Non-Personal Data. Third-party advertising companies may collect data about your visit to our Sites and others; this is referred to as “Online Behavioral Advertising”. You may opt out from this collection and use of data by companies participating in the Digital Advertising Alliance (“DAA”) on the “Opt Out from Online Behavioral Advertising” website, located at: http://optout.networkadvertising.org.
Third-Party Requests; Use or Analysis of Data. (i) We may disclose your personal information, including Personally Identifiable Information and Non-Personal Data, upon government demand in the form of a court order or subpoena, when otherwise required by law, to enforce the policies herein, or to protect TMB personnel, property, or safety. (ii) We may share your personal information, including Personally Identifiable Information and Non-Personal Data, to prevent illegal use of our services, or to defend TMB against any third-party claims. (iii) We may transfer your personal information, including Personally Identifiable Information and Non-Personal Data, to a third party in whole or in part as part of a merger, acquisition, or similar transfer or assignment of assets. (iv) We may transfer your personal information, including Personally Identifiable Information and Non-Personal Data, to third-party service providers to conduct or improve TMB business or the Sites, or for any business purpose, including, but not limited to credit card processing, shipping, data management, e-mail distribution, marketing research, information analysis and promotions management.
TMB implements security measures as commercially reasonable to help protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data, and restricts access to personal information to certain companies who may need to know that information in order to operate, develop, or improve services.
Although TMB uses commercially reasonable security measures, data transmission over the Internet can never be guaranteed to be absolutely secure. TMB cannot guarantee or warrant the security of any information transmitted by you, or to or from our online services.
In the event of an information security breach relating to the TMB Sites which involves a breach your Personally Identifiable Information, TMB will notify you as quickly as is commercially reasonable, and, if applicable, will notify applicable local data protection authorities, as that term is defined in GDPR, of the breach within seventy-two (72) hours of discovery.
Your User Name and Password. You are responsible for all actions taken with your user name and password, if applicable. Do not share your user name or password with anyone else, as it is only for you. Sharing your user name or password will automatically give TMB the right to deactivate your account. For your protection, do not disclose your username or password to anyone.
The TMB Sites may use “cookies” to help you personalize your online experience. A cookie is a small piece of data in the form of a text file that is sent from a web page server and placed on your hard drive. Cookies cannot normally be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to track your activities on a website (e.g., pages visited, links clicked on, etc.), and to record information about your use of the website so when you return to the site, customized features can be provided. For example, when you sign in to the Sites, a cookie helps the Sites recall your specific information on subsequent visits. This simplifies the process of recording your personal information for access to TMB services.
You have the ability to accept or decline/disable cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline or disable cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the websites you visit, including the TMB website.
Because we care about the safety and privacy of children online, we comply with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). COPPA and its accompanying regulations protect the privacy of children using the Internet. TMB does not knowingly contact or collect personal information from children under 18. The TMB Sites are only directed toward adult users and are not intended to solicit information of any kind from children under 18. Similarly, TMB complies with the provisions in GDPR regarding privacy of children and does not solicit information of any kind from children under 16 in jurisdictions subject to GDPR.
It is possible that by fraud or deception we may receive information pertaining to children under 18, or equivalent minimum age depending on jurisdiction (under 16 in the case of jurisdictions subject to GDPR, for example). If we are notified of this, as soon as we verify the information, we will immediately obtain parental consent or otherwise delete the information from our servers. If you want to notify us of our receipt of information by children under 13, or equivalent minimum age depending on jurisdiction, please do so by sending an e-mail to TMB’s Privacy Officer/DPO at: firstname.lastname@example.org.
Social Media and Third-Party Websites. TMB may use social media tools and websites to interact with its customers and resource partners (e.g., Facebook, Twitter, Instagram, Tumblr, Pinterest, LinkedIn, etc.). Social media websites may be used to advertise, publicize TMB services, and/or engage with members of the public. TMB does not use third-party websites to solicit and collect personal information from individuals. Any personal information collected by a third-party website will not be transmitted to TMB unless required for law enforcement purposes or as otherwise permitted by law. TMB’s privacy and other web policies do not apply to these third-party sites and we encourage you to read the policies of the third-party site when deciding whether to use it.
Copyright © 2019 Trepanier MacGillis Battina P.A. All rights reserved.
This document was last updated on May 1, 2019.