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Privacy Notice

Introduction

At Baker, Donelson, Bearman, Caldwell & Berkowitz, PC ("Baker Donelson", "us", "we", or "our"), we understand your concerns about privacy and are committed to protecting it through our compliance with this notice.

This Privacy Notice describes the types of information we may collect from users ("users" or "you") or that users may voluntarily provide to us when they visit our website, including the webpages and services delivered through the domain bakerdonelson.com and any other domain used by Baker Donelson that specifically incorporates the terms of this Privacy Notice (collectively, the "Site"), and in e-mail, text and other electronic messages between the users and the Site, and in our attorney client relationships with clients, and in our practices for collecting, using, maintaining, protecting and disclosing that information.  This Privacy Notice also describes certain rights and options that you have with regard to your personal information.

We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain features of the Site or obtain services from us through the Site or engage Baker Donelson in an attorney client relationship.

This Privacy Notice does not apply to: (i) information collected by Baker Donelson offline or through any other means, including any other website operated by Baker Donelson or any third party (including our affiliates and subsidiaries) unless such website specifically incorporates the terms of this Privacy Notice; or (ii) any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Site or any other publicly available personal information. 

Please read this Privacy Notice carefully to understand HOW WE TREAT your information and what choices and rights you have in this regard.  If you do not agree with THE TERMS AND CONDITIONS OF THIS PRIVACY NOTICE, do not ACCESS, view, OR use any part of the Site.

We reserve the right to update and change this Privacy Notice from time to time in our sole discretion in order to reflect any changes to the way in which we treat your personal information or in response to changes in law.  We will provide notice by, at a minimum, updating this posting.  You are expected to carefully review this Privacy Notice from time to time so you are aware of any changes.  If we make material changes to this Privacy Notice, we will notify you either through the e-mail address you have provided us or by means of a prominent notice on the Site.

Who Is Responsible For Your Personal Information?

Baker Donelson is responsible for the personal information you provide through the Site or in the attorney client relationship.

What Information Do We Collect and Why?

We collect and process information you share through the Site.  We may collect personal information, such as your name, postal address, email address, phone number or any other identifier by which you may be contacted online or offline only when you have voluntarily provided such personal information to us (e.g., through registration, contact inquiries, etc.).  As a general rule, we use personal information only for the purpose for which you have divulged the data to us, such as to answer your inquiries or to grant you access to password protected portions of the Site

We may also collect information concerning you, including, but not limited to, the kind of product or service you are seeking from Baker Donelson in the attorney client relationship, in all of which you have consented to this Privacy Notice as part of the Terms of Engagement as amended.

We may use Google Analytics or other similar technologies (the "Analytics Technologies") to collect and process certain information about you and your use of the Site.  The information collected by the Analytics Technologies is statistical data and does not include personal information, and we do not maintain it or associate it with personal information we collect in other ways or receive from third parties.  You may learn more about how Google uses the information it collects by visiting the following site "How Google uses data when you use our partners' sites or apps" (located at https://www.google.com/policies/privacy/partners/).  Google's ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Privacy Policy (located at https://www.google.com/policies/privacy/).

Our web servers and/or the Analytics Technologies may collect and store the following general information about you: the originating name of the domain from which you access the Internet; the date and time you access the Site; the pages of the Site you visit; your search queries; the Internet address of the website from which you linked directly to us; and the type of device, device ID and web browser you use to access the Site.  This information is collected automatically.  It is used to help us improve the Site by tabulating the number of visitors to the Site in terms of new users, origin of referrers, popularity of pages, amount of use, types of errors, and to make the Site more useful to you.

Our web servers and/or the Analytics Technologies may also collect Internet protocol addresses (the Internet address of a computer or other electronic device) to track a user's session while the user remains anonymous.  We analyze this data for certain trends in statistics, such as which parts of the Site users are visiting and how long they spend there.

We may also use "cookies" and "web beacons."  Cookies are small files stored on your computer's hard drive that are used to store and track personal information.  Cookies are used to remind us of who you are in order to deliver you better service.  Web beacons are small electronic files (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Baker Donelson, for example, to count users who have visited certain pages and for other related Site statistics (for example, recording the popularity of certain Site content and verifying system and server integrity).

We may also use these automatic data collection technologies to collect information about your online activities over time and across third-party websites or other online services.  The information we collect automatically is statistical data and does not include personal information, and we do not maintain it or associate it with personal information we collect in other ways or receive from third parties.

Do Not Track Policy

"Do Not Track" is a proposed standard that is currently under development. As it is not yet finalized, we adhere to the standards set out in this Privacy Notice and we do not currently respond to "Do Not Track" signals on the Site or on third-party websites or online services where we may collect information

Third-Party Content

Some content or applications on the Site are served by third parties, including advertisers, ad networks and servers, content providers and application providers.  These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Site.  The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services.  They may use this information to provide you with targeted content. 

We do not control these third parties' tracking technologies or how they may be used.  If you have any questions about targeted content, you should contact the responsible party directly.  For information about how you can opt out of receiving targeted advertising from certain providers, see "Choices About How We Use and Disclose Your Information."

How Will We Use Your Information?

In addition to the uses described above, we may use the information that we collect about you or that you provide to us, including any personal information, in the following ways:

  • To manage our attorney client relationship with you, to represent you if you are a client and that may include the administration of your account payments;
  • To present and improve Site content and functionality;
  • To provide you with information, products, or services that you request from us;
  • To determine user interests, needs, and preferences;
  • To conduct research and analysis;
  • To manage and maintain the security of our Site and services;
  • To market our services to you; provided, however, that we will only provide you with marketing related information after you have, where legally required to do so, opted in to receive those communications and we have provided you with the opportunity to opt-out of such communications at any time;
  • To comply with our legal and compliance obligations, including maintaining records, performing compliance audits, etc.;
  • For insurance purposes;
  • To exercise and defend our legal rights, or to comply with court orders;
  • For any other purpose related to and/or ancillary to any of the purposes and uses described in this Privacy Notice for which your personal information was provided to us;
  • In any other way we may describe when you provide the information; and
  • For any other purpose to which you have consented.

We may process your personal information in connection with any of the purposes and uses set out in this Privacy Notice on one or more of the following legal grounds:

  • because it is necessary for us to do so to provide the information or perform the services you have requested, in the attorney client relationship or otherwise, to comply with your instructions, or other contractual obligations between you and Baker Donelson;
  • to comply with our legal obligations as well as to keep records of our compliance processes;
  • because our legitimate interests, or those of a third party recipient of your personal information, makes the processing necessary, provided those interests are not overridden by your interests or fundamental rights and freedoms;
  • because it is necessary to protect your vital interests;
  • because it is necessary in the public interest; or
  • because you have expressly given us your consent to process your personal information in a particular manner.

We do not use your personal information for making any automated decisions affecting or creating profiles other than as described above.

Disclosure of Your Personal Information

When reasonably practicable, Baker Donelson will attempt to respect your privacy.  We do not rent or sell your personal information to outside marketers.  Baker Donelson may share your information (as described in this Privacy Notice) with its affiliates, subsidiaries, or divisions and with their respective officers, directors, employees, accountants, attorneys, and agents, or with Baker Donelson's business partners.  In certain circumstances, we may share data with vendors to help us:

  • Provide you with products and/or services that you requested from us whether in the attorney client relationship or otherwise;
  • Operate or conduct maintenance and repair of the Site or the equipment used to operate the Site;
  • Perform statistical analysis;
  • Send you e-mail or postal mail; or
  • Provide customer support.  

We may also share data with vendors for any other purpose disclosed by us when you provide the information or with your consent.  All such third parties are required to maintain the confidentiality of your information and are prohibited from using your personal information except to provide services to Baker Donelson or as required by law.

We may provide information to regulatory authorities and law enforcement officials in accordance with applicable law or when we otherwise believe in good faith that the law requires it.  There may be instances when we may access or disclose your information in order to protect or defend the legal rights or property of Baker Donelson and its affiliated companies or their employees and agents, to protect the safety and security of users, and to protect against fraud. 

Baker Donelson may sell, transfer or otherwise share some or all of its assets in connection with a merger, reorganization or sale of assets, or in the event of bankruptcy, without your permission.  In such an event, personal information may be one of the assets transferred.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us.  We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising.  You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent.  If you disable or refuse cookies, please note that some parts of the Site may then be inaccessible or not function properly.
  • Disclosure of Your Information for Third-Party Advertising.  Baker Donelson does not share your personal information with unaffiliated third parties for promotional purposes.
  • Google Analytics Opt-out Option.  If you do not want your information collected with Google Analytics, you can install the Google Analytics opt-out browser add-on.  To opt-out of Google Analytics, visit the Google Analytics opt-out page (located at https://tools.google.com/dlpage/gaoptout) and install the add-on for your browser.  For more details, visit the "Google Analytics opt-out browser add-on" page (located at https://support.google.com/analytics/answer/181881?hl=en).

How Long Do We Store Your Personal Information?

Baker Donelson will retain your personal information for as long as needed to fulfill the purposes for which it was collected.  We also will retain and use your personal information as long as necessary to comply with our business requirements, legal obligations, resolve disputes, protect our assets, provide our services, and enforce our agreements.

When we no longer have a purpose to retain your personal information, we will securely destroy your personal information in accordance with applicable law and our policies.

Security of Your Personal Information

First, no one can guarantee that no unauthorized access will ever occur on any Site, thus you should consider your own risks and benefits of providing and not providing any personal information to this Site.  We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure.  While our security measures seek to protect your personal information in our possession, no security system is perfect and Baker Donelson cannot promise that your personal information will remain absolutely secure in all circumstances.  Any transmission of personal information is at your own risk.

The safety and security of your personal information also depends on you.  Where you use a password for access to restricted parts of the Site, you are responsible for keeping this password confidential.  Do not to share your password with anyone.

If a security breach causes an unauthorized intrusion into our Site or systems that compromises your personal information, we will notify you and any applicable regulator when we are required to do so by applicable law.

Updating Your Personal Information

If the personal information you have provided to us changes, please let us know.  For instance, if your email changes, you wish to cancel any request you have made of us, or if you become aware of inaccurate personal information about you, use the "Contact Information" at the end of this Privacy Notice to update your information.

We are not responsible for any losses arising from any inaccurate, inauthentic, deficient or incomplete personal information that you provide to us.

Your Rights To Access And Control Your Personal Information

Under certain data protection and privacy laws (e.g. GDPR), individuals may have certain data protection and privacy rights which may be subject to limitations and/or restrictions and which include: (i) the right to request access to, and rectification or erasure of, your personal information; (ii) the right to ask us to restrict the processing of your personal information; and (iii) the right to withdraw consent to the collection, processing, and transfer of your personal information and to opt-out of receiving certain communications. You may also have a right to object to processing of your personal information where carried out for our legitimate interest or direct marketing unless there are compelling legitimate grounds for further processing that override your interests, rights, and freedoms, or for the establishment, exercise, prosecution or defense of legal claims. To exercise your rights under this Privacy Notice, please contact us using the "Contact Information" at the end of this Privacy Notice.

You may also have a right to lodge a complaint about the processing of your personal information with your local data protection or supervisory authority.

Cross Border Transfers of Personal Information

Baker Donelson is located and established in the United States and therefore, your personal information will be transferred to, stored, or processed in the United States.  While the data protection, privacy, and other laws of the United States might not be as comprehensive as those in your country, we take necessary and appropriate steps to protect the security and privacy of your personal information.  By using our Site or requesting services from us, you understand and consent to the collection, storage, processing, and transfer of your personal information to our facilities in the United States and those third parties with whom we share it as described in this Privacy Notice.

Residents of the EU / EEA. We rely on recognized legal bases to lawfully conduct cross-border transfers of personal information outside of the EU and EEA, such as your express informed consent (as noted above), when transfer is necessary for us to deliver services pursuant to an agreement or contract for services between Baker Donelson and you, or when the transfer is subject to safeguards that assure the protection of your personal information, such as the European Commission's approved standard contractual clauses

Limitations of Data Protection Laws and this Privacy Notice

Baker Donelson makes reasonable efforts to comply with applicable data protection and privacy laws and regulations.  Baker Donelson's adherence to certain data protection and privacy laws, including GDPR, and this Privacy Notice will be limited as permitted by such laws: (i) to the extent necessary to meet national security, public interest, or law enforcement requirements, (ii) by statute, government regulation, or case law that creates conflicting obligations or authorizations, provided that, in exercising any such authorization, our non-adherence is limited to the extent necessary to comply with such laws and regulations and meet the overriding legitimate interests of Baker Donelson, or (iii) if the effect of such laws is to allow exceptions or derogations, provided that Baker Donelson applies such exceptions or derogations in comparable contexts. Further, because Baker Donelson is a law firm providing legal advice, adherence to certain requirements of such laws (including notice, choice and access), is limited with respect to personal information that we process and use in certain respects, including, but not limited to, the establishment of a legal claim or defense, in litigation or otherwise, or the representation of a client's interests and rights in an acquisition, merger, joint venture or other transaction. Personal information may also be subject to ethical duties of confidentiality or privilege pursuant to the applicable Rules of Professional Conduct.

Third-Party Websites

This Privacy Notice is applicable only to the Site and does not apply to any third-party websites or to other companies or persons that may access the Site, with or without our permission.  The Site may contain links to, and media and other content from, other websites.  In addition, such third-party media and content may also contain external links.  Because of the dynamic media capabilities of the Site, it may not be clear to you which links are embedded in the Site and which are embedded in third-party media and/or content.  Baker Donelson cannot and does not guarantee the privacy policies and practices of any third party.  Baker Donelson does not control, operate, or endorse any information, products, or services of any third-party websites that may be reached through links from the Site. 

The use of any personal information provided by you to, or automatically collected from, a third party will be governed by that party's privacy notice.  If you are unsure whether a website is controlled, affiliated, or managed by Baker Donelson, you should review the privacy notice at each linked website to determine how that site treats your personal information.

Protecting Children

The Site is not intended for children under 13 years of age.  Baker Donelson does not knowingly collect personal information from children under 13.  If you are under 13, do not use or provide any information on the Site or provide any information about yourself to us, including your name, telephone number, email address or any screen name or user name you may use.  If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information.  If you believe we might have any information from or about a child under 13, please contact us at privacyofficer@bakerdonelson.com.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of the Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.  To make such a request, please contact us at privacyofficer@bakerdonelson.com.  Please note, however, that Baker Donelson does not disclose personal information to third parties for their direct marketing purposes.

Governing Law

This Privacy Notice and any disputes related thereto shall be governed by and construed in accordance with the laws of the State of Tennessee, exclusive of its choice of law rules.  All lawsuits, actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts within County of Shelby, Tennessee. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts within County of Shelby, Tennessee. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts within the County of Shelby, Tennessee and to the appropriateness of the venue of any such lawsuit, action or proceeding brought in any such federal or state court within County of Shelby, Tennessee..

Contact Information

To ask questions or comment about this Privacy Notice and Baker Donelson's privacy practices, contact us at privacyofficer@bakerdonelson.com.

Email Disclaimer

NOTICE: The mailing of this email is not intended to create, and receipt of it does not constitute an attorney-client relationship. Anything that you send to anyone at our Firm will not be confidential or privileged unless we have agreed to represent you. If you send this email, you confirm that you have read and understand this notice.
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