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Privacy Policy

Thompson & Knight LLP (the “Firm,” “us,” “we,” or “our”) operates the tklaw.com website and related blogs and social media pages (hereinafter referred to as the “Websites”).

Effective Date: May 20, 2019

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Websites and our services, communicate with us electronically, and visit our offices and events, and the choices you have associated with that data. All individuals who process personal data on behalf of the Firm are expected to protect personal data as set forth in this Privacy Policy.

We use your data to provide and improve the Websites and as otherwise set forth in this Privacy Policy. By using the Websites or our services, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Website Terms of Use.

If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact us using the details set out below.

CONTACT US

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

  • By email: Becky.Jackson@tklaw.com
  • By mail: Thompson & Knight LLP | Attn: Becky Jackson | 1722 Routh St., Suite 1500, Dallas, TX 75201

DEFINITIONS

Services

Services means the Websites, Firm client extranet pages, and Firm electronic communications.

Personal Data

Personal Data means data about a living individual who can be identified from the data (or from those and other information either in our possession or likely to come into our possession).

Usage Data

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

Clients

Clients are individuals and entities with which the Firm has intentionally entered into an express agreement to create an attorney-client relationship.  Transmission of the information contained in the Services is not intended to create, and receipt does not constitute, an attorney-client relationship between you and Thompson & Knight LLP, and will not prevent the Firm from representing someone else in connection with the matter in question or a related matter.

Cookies

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

INFORMATION COLLECTION AND USE

The types of Personal Data we may collect depend on the nature of the relationship between you and the Firm. Below are the types of data we collect in different circumstances and your choices with respect to such collection.

Types of Data Collected

Personal Data

In general, you can visit the Websites without providing us with Personal Data. However, while using our Services, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”) or to otherwise respond to your requests. Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Employer name and title
  • Phone number
  • Address, state/province, ZIP/postal code, city
  • Cookies and Usage Data

Usage Data

We may also collect information that your browser sends whenever you visit our Websites or when you access the Services by or through a mobile device (“Usage Data”).

This Usage Data may include information such as your computer’s internet protocol address (“IP address”), browser type, browser version, the pages of our Services that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers, and other diagnostic data.

When you access the Websites with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile internet browser you use, unique device identifiers, and other diagnostic data.

Aggregated Data

We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered Personal Data as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Website feature. However, if we combine or connect Aggregated Data with your personal data so that it can identify you directly or indirectly, we treat the combined data as Personal Data, which will be used in accordance with this privacy policy.

Special Categories of Personal Data

We do not collect any Special Categories of Personal Data about you through the Websites (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data), nor do we collect any information on you about criminal convictions and offences through the Websites.

Tracking Cookies Data

We use cookies and similar tracking technologies to track the activity on our Websites.

Cookies are files with a small amount of data that 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 our Services.

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 our Services.

Examples of Cookies we use:

  • Session Cookies. We use session cookies to operate our Websites.
  • Preference Cookies. We use preference cookies to remember your preferences and various settings.
  • Security Cookies. We use security cookies for security purposes.
  • Third-Party Cookies. We use certain third-party cookies as identified in the Data Sharing section below.

Use of Data

We use the collected data for various purposes, depending on the nature of your relationship and interactions with the Firm, including to:

  • Provide, manage, and maintain our Services
  • Provide Services to our Clients
  • Notify you about changes to our Services
  • Allow you to participate in interactive features of our Websites when you choose to do so
  • Respond to inquires and requests
  • Connect you with Firm events and messaging that may be of interest
  • Gather analysis or valuable information so we can improve our Services
  • Monitor the usage of our Services
  • Detect, prevent, and address technical issues

In general, we use your Personal Data to provide or improve the Services, contact you regarding the Services, respond to your inquiries and requests, or distribute alerts or news regarding the Services. You may opt out of receiving any, or all, of the Firm’s marketing communications by following the unsubscribe link or the instructions provided in any email we send. Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you.

Firm Client Data

Our Clients may choose to include Personal Data in the data provided to the Firm. This Personal Data may include identifying information such as name, title, address, email address, phone number, business or company affiliation, government identification, credit card and other financial information, employee information, and other details Clients may provide in the course of providing legal services. Depending on the nature of the Client engagement, we may collect this information of our Clients as well as Personal Data of others who have a relationship or otherwise interact with our Clients. We process Personal Information about or on behalf of Clients for a variety of business purposes, including but not limited to:

  • Providing legal services
  • Managing and maintaining Client relationships
  • Responding to Client inquiries
  • Verifying Client data
  • Providing information or resources we believe may be of interest to Clients
  • Processing payments for and on behalf of Clients
  • Providing and improve the Websites and the Services
  • Developing new Services
  • For other reasons as requested by a Client or as otherwise disclosed to the Client with Client consent

The Firm may provide electronic billing services for Clients from time to time. These services are provided by a third-party payment processor on behalf of the Firm. Please review the terms and privacy policy for these services before use.

Purpose for Personal Data Use

We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your Personal Data for an unrelated purpose not identified herein, we will notify you and we will explain the legal basis which allows us to do so.

Retention of Data

The Firm will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our 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 our Service, or we are legally obligated to retain this data for longer periods.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting, or other requirements.

DISCLOSURE OF DATA

The Firm does not sell, rent, trade, or otherwise disclose Personal Data, except as described in this Privacy Policy or as you explicitly consent.

Services for Clients

We use and share data provided by a Client in order to provide the services requested by the Client.

Business Transaction

If The Firm is involved in a merger, acquisition, or sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

Disclosure for Law Enforcement

Under certain circumstances, the Firm may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).

Legal Requirements

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

  • Comply with a legal obligation (including the discovery process)
  • Protect and defend the rights or property of the Firm
  • Prevent or investigate possible wrongdoing in connection with the Services
  • Protect the personal safety of users of the Service or the public
  • Protect against legal liability

Service Providers

We may employ third-party companies and individuals to assist with our legal practice, facilitate our Services, provide the Services on our behalf, perform Services-related services, or assist us in analyzing how our Services are used (“Service Providers”). These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

We may use third-party Service Providers to monitor and analyze the use of our Services.

Security of Data

The security of your data is important to us, but remember that no method of transmission over the internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Transfer of Data

Your information, including Personal Data, 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 us, please note that we transfer the data, including Personal Data, to the United States and process it there. The Firm may transfer your data to third parties as set forth herein, but shall maintain responsibility for such data in cases of onward transfer to third parties as required under applicable law.

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

Links to Other Sites

Our Services may contain links to other sites that are not operated by us. If you click a third-party link, you will be directed to that third party’s site. We strongly advise you to review the privacy policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

YOUR DATA SUBJECT RIGHTS

The Firm aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data. If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

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

  • The right to access, update, or delete the information we have on you. Subject to certain exceptions, you have a right to access, update, or request deletion of your Personal Data.
  • 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 our processing of your Personal Data.
  • The right of restriction. You have the right to request that we restrict the processing of your Personal Data.
  • The right to data portability. You have the right to be provided with a copy of the information we have 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.

Please note that we may ask you to verify your identity before responding to such requests. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask for further information in relation to your request to speed up our response. We try to respond to all legitimate requests within one month. Occasionally it could take us longer than one month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

Although the Firm makes good faith efforts to comply with the above rights requests, there may be circumstances in which the Firm is unable to provide access or deletion to such data. These circumstances may include: where the information contains legal privilege, the information would compromise others’ privacy or other legitimate rights, the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question, or the information is commercially proprietary. If the Firm determines that access should be restricted in any particular occasion, we will take reasonable steps to provide you with an explanation of why that decision has been made and a way to contact us for any further questions.

Dispute Resolution

Residents of the European Union may report privacy complaints directly to their local data protection authorities. You may also contact us to be directed to the relevant authorities.

Our Policy on “Do Not Track” Signals and Third-Party Website Tracking Under the California Online Protection Act (CalOPPA)

We do not support Do Not Track browser signals. 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.

We do not engage in the collection of Personal Data over time across third-party websites, and we do not permit third parties to gather information passively on our Websites for behavioral advertising purposes.

Your California Privacy Rights

Under California law, a California resident with whom the Firm has an established relationship has the right to request certain information with respect to the types of personal information the Firm has shared with third parties for their direct marketing purposes (if any), and the identities of those third parties, within the immediately preceding calendar year, subject to certain exceptions. In response to a written request, the Firm is allowed to provide a cost-free means to opt out of such sharing.

Since the Firm does not provide your Personal Data to third parties for their direct marketing purposes, it is not necessary for us to establish this procedure; however, if you do not want the Firm to use your Personal Data to provide information about our programs or events, please follow the cost-free opt-out procedures in this policy.

Children’s Privacy

Our Services do not address and are not directed at anyone under the age of 13 (“Children” or “Child”). We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we will take steps to remove that information from our servers.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective, and will 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