Privacy Policy

Effective date: January 1, 2020

Hickman Palermo Becker Bingham, LLP (or "the Firm") operates the hickmanpalermo.com website (hereinafter referred to as the "Service"). This page informs you of the Firm's policies regarding the collection, use and disclosure of personal information when you use the Service and the choices you have associated with that data. The Firm uses your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy.

Definitions

Service

Service is the hickmanpalermo.com website operated by Hickman Palermo Becker Bingham, LLP.

Personal Information

Personal Information means data or information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. When we combine other information (i.e., information that does not, on its own, identify an individual or household) with Personal Information, we treat the combined information as Personal Information.

Usage Data

Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Cookies

Cookies are small files stored on your device (computer or mobile device).

Data Controller

Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.

For the purpose of this Privacy Policy, the Firm is a Data Controller of your Personal Information.

Data Processors (or Service Providers)

Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.

The Firm may use the services of various Service Providers in order to process your data more effectively.

Data Subject (or User)

Data Subject is any living individual who is using the Service and is the subject of Personal Information.

Information Collection and Use

The Firm collects several different types of information for various purposes to provide and improve the Service for you.

Types of Data Collected

Personal Information

While using the Service, the Firm may give you the option to provide certain personally identifiable information that can be used to contact or identify you ("Personal Information"). Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number(s)
  • Fax number(s)
  • Address, City, State, Province, Postal code, Country
  • Title
  • Nationality and/or country of citizenship or passport
  • Tax ID number (only for individuals who are clients)
  • Browser Cookies and Site Usage Data

The Firm may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications by following the unsubscribe link or instructions provided in any email from the Firm or by contacting the Firm.

If you are an individual who is a client and you pay our invoices by check, we may receive your bank checks or equivalent bank check data. We do not store electronic copies of that information. We or our bank may retain photocopies of paper checks for a limited time for legal reasons or to support our accounting and tax operations and obligations.. If you pay us by wire transfer or via PayPal, we may receive originating wire information from your bank or your account ID from PayPal. We may retain digital copies of that information for a limited time for legal reasons or to support our accounting and tax operations and obligations.

Usage Data

The Firm may also collect information on how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of the Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking Cookies Data

The Firm uses cookies and similar tracking technologies to track the activity on the Service and then holds certain information. Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze the Service. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of the Service. Examples of Cookies the Firm uses:

  • Session Cookies. Used to operate the Service.
  • Preference Cookies. Used to remember your preferences and various settings.
  • Security Cookies. Used for security purposes.

Use of Data

The Firm uses the collected data for various purposes:

  • To provide and maintain the Service
  • To notify you about changes to the Service
  • To allow you to participate in interactive features of the Service when you choose to do so
  • To provide customer support
  • To gather analysis or valuable information to improve the Service
  • To monitor the usage of the Service
  • To detect, prevent and address technical issues
  • To support the Firm’s legal, accounting and tax operations and obligations to government agencies
  • To provide you with news and general information about other goods, services and events offered by the Firm that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

Legal Basis for Processing Personal Information under the General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), the Firm's legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Information collected and the specific context in which the Firm collects it. The Firm may process your Personal Information because:

  • The Firm needs to perform a contract with you
  • You have given the Firm permission to do so
  • The processing is in the Firm's legitimate interests and it is not overridden by your rights
  • For payment processing purposes
  • To comply with the law

Retention of Data

The Firm will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. The Firm will retain and use your Personal Information to the extent necessary to comply with legal obligations (for example, if the Firm is required to retain your data to comply with applicable laws), resolve disputes and enforce legal agreements and policies.

The Firm will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of the Service, or the Firm is legally obligated to retain this data for longer periods.

Transfer of Data

Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside the United States and choose to provide information to the Firm, please note that the Firm transfers the data, including Personal Information, to United States and processes it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

The Firm will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data

Legal Requirements

The Firm may disclose your Personal Information in the good faith belief that such action is necessary to:

  • To comply with a legal, tax or accounting obligation
  • To protect and defend the rights or property of the Firm
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

Security of Data

The security of your data is important to the Firm but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While the Firm strives to use commercially acceptable means to protect your Personal Information, the Firm cannot guarantee its absolute security.

The Firm's Policy on "Do Not Track" Signals under the California Online Protection Act (CalOPPA)

The Firm does not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Your Data Protection Rights under the General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. The Firm aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Information.

If you wish to be informed about what Personal Information the Firm holds about you and if you want it to be removed from the Firm's systems, please contact the Firm.

In certain circumstances, you have the following data protection rights:

  • The right to access, update or delete the information the Firm has on you. Whenever made possible, you can access, update or request deletion of your Personal Information directly within your account settings section. If you are unable to perform these actions yourself, please contact the Firm to assist you.
  • The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
  • The right to object. You have the right to object to the Firm's processing of your Personal Information.
  • The right of restriction. You have the right to request that the Firm restricts the processing of your personal information.
  • The right to data portability. You have the right to be provided with a copy of the information the Firm has on you in a structured, machine-readable and commonly used format.
  • The right to withdraw consent. You also have the right to withdraw your consent at any time where the Firm relied on your consent to process your personal information.

The Firm may ask you to verify your identity before responding to such requests. You have the right to complain to a Data Protection Authority about the Firm's collection and use of your Personal Information. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Service Providers

The Firm may employ third party companies and individuals to facilitate the Service ("Service Providers"), provide the Service on the Firm's behalf, perform Service-related services or assist the Firm in analyzing how the Service is used.

These third parties have access to your Personal Information only to perform these tasks on the Firm's behalf and are obligated not to disclose or use it for any other purpose.

Analytics

The Firm may use third-party Service Providers to monitor and analyse the use of the Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of the Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

Clicky

Clicky is a web analytics service. Read the Privacy Policy for Clicky here: https://clicky.com/terms

Links to Other Sites

The Service may contain links to other sites that are not operated by the Firm. If you click a third party link, you will be directed to that third party's site. You are strongly advised to review the Privacy Policy of every site you visit. The Firm has no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy

The Service does not address anyone under the age of 18 ("Children"). The Firm does not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided the Firm with Personal Information, please contact the Firm. If the Firm becomes aware that the Firm or Service has collected Personal Information from children without verification of parental consent, steps will be taken to remove that information from the Firm's servers.

Your California Privacy Rights

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in this Privacy Statement and applies solely to visitors, users, and others who reside in the State of California. Hickman Palermo Becker Bingham, LLP adopts this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.

Hickman Palermo Becker Bingham, LLP collects various types of personally identifiable information about you during our customer relationship. In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Category

Examples

Collected

A. Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, title, country of nationality, citizenship or passport, tax identification number, or other similar identifiers.

YES

B. 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. Some personal information included in this category may overlap with other categories.

NO

C. 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).

NO

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

NO

E. Biometric information.

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.

NO

F. Internet or other similar network activity.

Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

YES

G. Geolocation data.

Physical location or movements.

NO

H. Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

NO

I. Professional or employment-related information.

Current or past job history or performance evaluations.

NO

J. 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.

NO

K. Inferences drawn from other personal information.

Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

NO

Personal information does not include:

  • Publicly available information from government records.
  • De-identified or aggregated consumer information.
  • Information excluded from the CCPA's scope, like:
    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

We obtain the categories of personal information listed above from the following categories of sources:

  • Directly from our clients or their agents.
  • Indirectly from our clients or their agents.
  • Directly and indirectly from activity on our website. For example, from submissions through our website portal or website usage details collected automatically.
  • From third-parties that interact with us in connection with the services we perform.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

  • To fulfill or meet the reason for which the information is provided.
  • To provide you with information, products or services that you request from us.
  • To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
  • To improve our website and present its contents to you.
  • For testing, research, analysis and product development.
  • As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • 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.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category A: Identifiers

Category F: Internet or other similar network activity.

We disclose your personal information for a business purpose to the following categories of third parties:

  • Our affiliates.
  • Service providers.
  • Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

We do not sell personal information collected through our service. In the preceding twelve (12) months, we have not sold any personal information.

Your Rights and Choices

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.

Access to Specific Information and Data Portability Rights

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, if specified, 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 or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

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 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 providers to:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  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 the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

  • U.S. Mail: Hickman Palermo Becker Bingham LLP., 1 S. Almaden Boulevard – Floor 12, San Jose, California 95113; or
  • Email: legal@hickmanpalermo.com

Only you or a person registered with the California Secretary of State that you authorize 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. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected 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. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 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. 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 useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. 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.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to This Privacy Policy

The Firm may update this Privacy Policy from time to time. The new Privacy Policy will be posted on this page.

The Firm will let you know via email and/or a prominent notice on the Service, prior to the change becoming effective, and update the "effective date" at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact the Firm

If you have any questions about this Privacy Policy, please contact the Firm:

  • By email: legal@h35g.com
  • By phone number: +1-408-414-1080
  • By mail: Attention: Managing Partner; 1 South Almaden Boulevard, Suite 1200, San Jose, CA 95113, United States of America