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Privacy Policy

INTRODUCTION

Bengart & DeMarco, LLP ( “we,” “us,” or “our”) is committed to protecting your privacy and safeguarding the information you provide to us through our website at www.bengartdemarcolaw.com (“Website”). This information may include, but is not limited to, personally identifiable information such as your name, company, address, other contact information, for example, telephone number, fax number, email address, and other similar information, title or position in a company or an organization, occupation, industry, personal interests, or any other information needed to provide a service that you have requested. This privacy policy (“Privacy Policy”) describes how we collect, use, and disclose your information.

 

COLLECTION OF INFORMATION

Generally, you are able to use our Website without providing any personally identifiable information, however, at times, in connection with your use of the Website, you may wish to voluntarily provide us with your personally identifiable information. In addition, we may collect other information that may automatically be provided to us by your internet service provider as a result of your visit to our Website, information regarding your use of the Website through the use of cookies (described below), and information from other sources such as our business partners. Such other information may include, but is not limited to, the date and time of your visit, your IP addresses, your browser type, your operating system and language, the pages you visited, and the address of the website from which you came.

 

Examples of scenarios where our visitors provide their personally identifiable information include, but may not be limited, to:

  • Emailing, calling or communicating with a lawyer at our law firm.
  • Posting a question or comment through the site.
  • Requesting literature.
  • Registering to attend a seminar or any event.
  • Participating in an online survey.
  • Requesting inclusion in an email or other mailing list.
  • Submitting an entry for a contest or other promotions.
  • Logging in to the site, thus requiring a user name and/or a password.
  • Any other business-related reason.

We provide you the opportunity to agree or decline to give your personally identifiable information via the internet. We will inform you of the purpose for the collection and we do not intend to transfer your personally identifiable information to third parties without your consent, except under the limited conditions described under the section entitled “Use and Disclosure of Information” below. If you choose to provide us with your personally identifiable information, we may transfer that information within our law firm or to a third-party service provider as necessary.

 

NO COLLECTION OF CHILDREN’S PERSONALLY IDENTIFIABLE INFORMATION

Our Website is intended for general audiences at least 18 years old and for commercial use. We do not knowingly collect any personally identifiable information from children under the age of thirteen (13). By using the Website you certify that you are over the age of 13. We reserve the right to delete any information we believe to be in violation of this Privacy Policy.

 

USE AND DISCLOSURE OF INFORMATION

By submitting any information to our Website you acknowledge and agree that you have no expectation of privacy, confidentiality, or privilege in such information and you consent to our use and disclosure of such information in any manner permitted by law. We will use your personally identifiable information to provide you with the information you have requested from us. We may also use your personally identifiable information to keep you informed about events, services, or publications that may interest you. We will only share information with a third party upon your consenting to share your information to a third-party service provider working on our behalf to serve you. In addition, we may use your information to evaluate whether or not we represent you, and to provide you with legal services if you become our client. Our uses and disclosures of information may include, but will not be limited to, managing our Website, diagnosing problems with our server, assisting with technical problems, and enforcing compliance with this Privacy Policy and our Terms & Conditions. We may disclose information if we are under a duty to disclose in order to comply with any legal or regulatory obligation and to protect our rights or the rights or safety of others.

 

COOKIES

When you access our Website, we may place a “cookie” on your computer’s hard drive. A cookie is a file that a website can store on your web browser, computer, or device and later retrieve. A cookie allows our Website to recognize you as a prior user, provide our Website with information regarding your use, and helps us determine the portions of our Website that are best suited for you.

 

Some parts of the Website may also use cookies to track user traffic patterns. We do this in order to determine the usefulness of our Website’s information to our users and to see how effective our navigational structure is in helping users reach that information. Please note that cookies cannot read data off of your hard drive. Your web browser may allow you to be notified when you are receiving a cookie, giving you the choice to accept it or not. If you prefer not to receive cookies while browsing our Website, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser. However, by not accepting cookies, some pages may not fully function and you may not be able to access certain information on this site.

 

To opt-out of certain advertising cookies, you may wish to visit the Network Advertising Initiative (NAI) website by visiting http://www.networkadvertising.org/choices/opens in a new window.

 

WEB BEACONS

We may use pixel tags (also known as pixel gifs or web beacons) and other methods to gather information about the emails we send to our clients. Pixel tags are tiny graphic files that are included in our HTML-encoded email messages. When such a message is opened in an HTML-capable email program, the recipient’s computer will access our servers to retrieve the pixel tag file, allowing us to record and store information such as email address, date and time the recipient viewed the email message, if the recipient’s email program is capable of receiving HTML, and other logging information. We may use this information to optimize delivery of future messages to specific recipients.

 

ONLINE TRACKING / DO NOT TRACK SIGNALS

“Do Not Track” (DNT) signals are options available on your browser to tell operators of Website that you do not wish to have your online activity tracked. We do not track our visitors over time and across third-party websites to provide targeted advertising and therefore we do not respond to Do Not Track signals. Further, our Website does not allow any other parties to collect personally identifiable information in connection with your online activities over time or across websites. However, some third-party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your internet browser may allow you to set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked.

 

YOUR ACCESS TO INFORMATION

If you would like to access or modify your personally identifiable information, or discontinue our use of your personally identifiable information, please contact us in writing as described below. We will make every reasonable effort to provide you with access and to modify your personally identifiable information as soon as reasonably practicable. In addition, we will make every reasonable effort to discontinue our use of your personally identifiable information as soon as reasonable practicable, provided, however, we may need to retain some or all of your personally identifiable information to comply with laws, regulations, to resolve disputes, analyze problems, assist with investigations, enforce our policies, and take other actions otherwise permitted or required by law.

 

SOCIAL MEDIA PLATFORMS

Our Website may include social media features. These features may collect information about your IP address and which page you are visiting on our site, and they may set a cookie to make sure the feature functions properly. Social media features and widgets are either hosted by a third party or hosted directly on our site. We also maintain presences on social media platforms like Facebook, Twitter, and LinkedIn. Any information, communications, or materials you submit to us via a social media platform is done at your own risk without any expectation of privacy. We cannot control the actions of other users of these platforms or the actions of the platforms themselves. Your interactions with those features and platforms are governed by the privacy policies of the companies that provide them.

 

WE OPERATE IN THE UNITED STATES

If you use the Website outside of the Unites States or are a citizen or resident of a country other than the United States that has laws and policies governing the disclosure and management of your personally identifiable information, you understand and agree that the information you exchange with the Website may be maintained indefinitely on systems located within the United States. By using the Website, you understand and consent to the collection, storage, processing, and transfer of your information to our facilities in the United States and those third parties with whom we share it as described in this policy.

 

DATA PRIVACY RIGHTS OF CALIFORNIA RESIDENTS

The California Consumer Privacy Act (CCPA) provides California residents with certain rights regarding their personal information. This section describes those rights and explains how they may be exercised by those subject to the CCPA.

 

Data Access, Deletion and Portability Rights

 

In addition to the right to certain information as set forth in this Privacy Policy (including the categories of personal information that we may have collected from California residents over the prior twelve months, categories of sources for that information, and the purpose for which such information was collected, which are all listed above), you have the right to request, not more than twice in any twelve-month period, that we disclose certain information to you about our collection and use of your personal information. Upon our confirmation of a verifiable consumer request, we will disclose to you, as applicable the following information, as applicable, for the twelve-month period prior to the request:

  • the categories of personal information that we collected from you;
  • the categories of sources of personal information that we collected about you;
  • our business or commercial purpose for collecting or selling your personal information;
  • if we sold or disclosed your personal information to a third party for a business purpose: 1) for sales, identify personal information categories that each category of third party recipient(s) purchased and/or 2) for disclosures pursuant to a business purpose, identify the personal information categories that each category of third party recipient(s) obtained.
  • the categories of third parties with whom we share that personal information; and
  • the specific personal information that we collected about you.

You may also request deletion of your personal information. Upon our confirmation of a verifiable consumer request, we will delete your personal information and/or direct our service providers to delete the information unless we need to retain the information and are permitted to do so by law.

 

Non-Discrimination

 

We will not discriminate against you for exercising your CCPA rights. That is, unless otherwise permitted by law, 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; or
  • provide you with a different level of goods or services.

Pursuant to the CCPA, however, there may be circumstances when we may offer you certain financial incentives as compensation for collecting, selling or deleting personal information, which will reasonably relate to your personal information’s value. We may also offer a different price, rate, level or quality of goods or services to consumers where the price or difference is directly related to the value provided to us by the consumer’s personal information. We will provide you with written terms that explain the material aspects of any such incentive program. Participation in such a program requires your prior opt-in consent, which you may revoke at any time.

 

How to Exercise Data Access and Data Portability Rights

 

To exercise the data access and portability rights described in this section, please submit a verifiable request to us by contacting us at:

  • Bengart & DeMarco, LLP, 2655 Sheridan Drive, Tonawanda, New York 14213; or
  • (716) 838-4600.

You may make a request for data access or portability twice within a twelve-month period. The verifiable consumer request must:

  • provide sufficient information to allow us to reasonably verify that you are the person about whom we collected and/or shared personal information; and
  • describe your request in sufficient detail to allow us to understand and respond to it.

If you fail to comply with the foregoing requirements, we will be unable to provide you with any personal information that is in our possession. Any personal information provided in connection with a request to exercise your rights under the CCPA will only be used for identity verification purposes.

 

DATA PRIVACY RIGHTS FOR INDIVIDUALS IN THE EUROPEAN UNION AND/OR THE EUROPEAN ECONOMIC AREA

In addition to your right to certain information contained in this Statement, pursuant to the General Data Protection Regulation, you may have the following rights regarding your personal data that we hold:

  • request access to your personal information;
  • request correction of your personal information if it is incorrect;
  • request that we delete or stop processing your personal information under certain circumstances;
  • object to our processing of your personal information under certain circumstances;
  • request that we restrict our processing of your personal information, and where our processing is based on your consent, withdraw that consent (which may be done by emailing: [email protected] without affecting the lawfulness of processing based on consent before its withdrawal;
  • request that we transmit your personal information either to you or another service provider under certain circumstances (costs may apply);
  • be informed of your right to complain to a supervisory authority if you feel that we have not complied with applicable laws regulating your personal information (contact information for supervisory authorities may be found at: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htmopens in a new window)

Please note that the above rights are not absolute, and we may be entitled to refuse requests where exceptions apply. For more information, or to make a request, please email: [email protected] with your name, email address, request, and basis for your request.

 

INFORMATION SECURITY; NO LIABILITY

We strive to protect your personally identifiable information; however, we urge you to take every precaution to protect your personally identifiable information when you are on the internet.

 

We will maintain security measures in order to protect and safeguard your information. Unfortunately, information transferred over the internet is not completely secure. Accordingly, we do not guarantee that your information will not be misused or disclosed to third parties. You acknowledge and agree that any transmission of information to our Website is made at your own risk. We will have no liability to you for any misuse or disclosure of your information. If you share information with third parties via our Website, you do so at your own risk. Any such information you share with the third party will not be governed by this Privacy Policy and we have no liability to you with respect to such information.

 

You understand that electronic communications may be accessed by unauthorized parties when communicated across the internet, network communications facilities, or other electronic means. You understand and agree that we are not responsible for any electronic communication or any of your information which may be lost, altered, intercepted, or stored without authorization during the transmission of any data whatsoever across networks not owned or operated by us.

 

CHANGES

We reserve the right to change this Privacy Policy, at any time, without notice to you; provided, however, that any changes will only apply to information collected after such changes go into effect.

 

This Privacy Policy has an Effective Date of 7/6/2022.

 

QUESTIONS AND CONTACT INFORMATION

If you have any questions or comments about this Privacy Policy or if you need assistance regarding your information, please contact: Bengart & DeMarco, LLP, (716) 838-4600.

We partner with Thomson Reuters, who might also collect data as part of our marketing efforts. To learn more about the Thomson Reuters privacy policy and the data that might be collected, please visit: Thomson Reuters Privacy Statement.