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
- By email: Kelby.Luther@tklaw.com
- By mail: Thompson & Knight LLP | Attn: Kelby Luther | 1722 Routh St., Suite 1500, Dallas, TX 75201
Services means the Websites, Firm client extranet pages, and Firm electronic communications.
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 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 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 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
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
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.
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
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
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 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
Services for Clients
We use and share data provided by a Client in order to provide the services requested by the Client.
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).
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
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.
Links to Other Sites
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.
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.
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.