Privacy Policy

Introduction

Phillips Lytle LLP ( “we,” “us” or “our”) is committed to protecting your privacy and safeguarding the information you provide to us through our website at phillipslytle.com (“Website”). The term “Personal Information” is used to refer to this information to the extent that they are defined as such, as under applicable law, and may include, but is not limited to, personally identifiable information such as your name, company, address, IP address location, information about what type of device you used to interact with the Website, referring/exit pages, or 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 may collect, use and disclose your Personal Information from the Website.

Collection of Information

In connection with your use of the Website, you may wish to voluntarily provide us with your Personal Information. In addition, we may collect Personal information that may automatically be provided to us by your internet service provider or browser as a result of your visit to, or activity on, our Website, including 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, websites from which you came or visit from our Website.

Examples of scenarios where our visitors provide their Personal 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 Website.
  • Requesting literature or information.
  • 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.
  • Any other business-related reason.

If you choose to provide us with your Personal Information, we may transfer that information within our law firm or to a third-party service provider, as necessary.

No Collection of Children’s Personal Information

Our Website is intended for individuals who are at least eighteen (18) years old and for commercial use only. We do not knowingly collect any Personal Information from children under the age of eighteen (18). By using the Website, you certify that you are over the age of eighteen (18). 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 Personal Information to provide you with the information or services you have requested from us. We may also use your Personal Information to keep you informed about events, services or publications that may interest you. We will only share information with a third-party service provider working on our behalf. In addition, we may use your information to evaluate whether or not we may 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 collect information through a “cookie.” A cookie is a file that a website can store on your web browser, computer or device. We may use session cookies (which expire once you close your web browser) or persistent cookies (which stay on your computer for a set period of time or until you delete them) to provide you with a more personal and interactive experience on the Website. 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. Please note that cookies cannot read data off of your hard drive. For more information on cookies visit: http://www.allaboutcookies.org.

Specifically, we may collect information about users over time on our Website by using the following types of cookies:

Necessary Cookies: Necessary cookies are crucial to your experience on a website, enabling core features such as accessing secure areas of the Website and authenticating who you are, and also help us improve security. These cookies cannot be disabled.

Third-Party Analytics Cookies: We may employ third-party service providers, including Google Analytics, to perform specific tasks on our behalf, such as to track user traffic patterns on the Website. 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. Third-Party Analytics Cookies help us understand how visitors interact with the Website by collecting and reporting information anonymously. Google may collect, for example, your first and last name, email address, browser type, operating system, IP address, domain name or ISP. We are not responsible for the privacy policies or practices of any third parties, including Google Analytics. We encourage you to review their privacy policies. Google’s ability to use and share information collected by Google Analytics about your visits to the Website is restricted by the Google Privacy Policy.

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 Website.

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. 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 internet browser to tell operators of websites that you do not wish to have your online activity tracked. Our Website does not respond to Do Not Track signals. Further, our Website does not allow any other parties to collect Personal Information in connection with your online activities over time or across websites except as set forth in this Privacy Policy. However, some third-party sites do keep track of your browsing activities. If you are visiting other 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 Personal Information, or discontinue our use of your Personal Information, please contact us in writing as described below in the section titled “Questions and Contact Information.”

Social Media Platforms

Our Website may include social media features that allow users to share Phillips Lytle communications on Facebook, X (formerly known as Twitter) or LinkedIn. These features may collect certain Personal Information and may use cookies to make sure such social media features function properly. We maintain a presence on social media platforms like Facebook, X 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 social media platforms or the actions of the platforms themselves. Any interaction you have with social media features on our and/or on social media platforms themselves are governed by such third parties’ terms and conditions and privacy policies.

We Operate in the United States

If you use the Website outside of the Unites States or are a resident of a country other than the United States that has laws and policies governing the disclosure and management of your Personal Information, you understand and agree that the information you exchange with the Website may be maintained on servers located within the United States. By using the Website, 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 Policy.

Data Privacy Rights of California Residents

The California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), 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 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, selling or sharing your Personal Information.
  • If we sold or shared your Personal Information to a third party for a business purpose: (1) for sales, the categories of Personal Information that each category of third-party recipient(s) purchased and/or (2) for disclosures pursuant to a business purpose, the categories of Personal Information that each category of third-party recipient(s) obtained.
  • The categories of third parties with whom we disclose that Personal Information.
  • 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.

You may also have the right to request that we correct any inaccurate Personal Information maintained about you.

You may opt out of the sale of your Personal Information. We do not sell your Personal Information, however, so there is no need to submit such a request to us. Please note that the above rights are not absolute, and we may be entitled to refuse requests where exceptions apply.

The business or commercial purpose for collecting this Personal Information is more fully explained above in the section “Use and Disclosure of Information.”

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.

How to Exercise Data Access and Data Portability Rights

To exercise the rights described in this section, please submit a request to us by contacting us at the information listed below in the section titled “Questions and Contact Information.”

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 or under our control. 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 of Virginia Residents

The Virginia Consumer Data Protection Act (VCDPA) provides Virginia 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 VCDPA.

Data Access, Correction, Deletion and Portability Rights, and the Right to Opt Out of the Processing of Personal Information

In addition to the right to confirm whether or not we process your Personal Information, you may have the right to access such Personal information and receive that Personal Information in a portable and readily usable format that allows you to transmit the Personal Information to another entity without hindrance, where the processing is carried out by automated means. You may also have the right to request that we correct inaccuracies in your Personal Information (taking into account the nature of the Personal Information and the purposes of the processing of your Personal Information). Finally, you may have the right to request that we delete Personal Information provided by or obtained about you, and to opt out of the processing of your personal data in certain scenarios. Please note that the above rights are not absolute, and we may be entitled to refuse requests where exceptions apply.

How to Exercise Data Access and Data Portability Rights

To exercise the rights described in this section, please submit a request to us by contacting us at the information listed below in the section titled “Questions and Contact Information.” You may contact us at the same contact information if you wish to appeal a denial of any request made by you.

Further Information for California and Virginia Residents

Within the preceding twelve (12) months, we may have collected the following categories of Personal Information set forth below from you directly, your employer, and third parties with whom you or we have a business relationship or that are involved in legal proceedings:

Categories of Personal Information that may have been collected in the preceding 12 months. Have we disclosed this category of Personal Information for a business purpose in the preceding 12 months? Have we sold this category of Personal Information in the preceding 12 months? Category of third parties to whom Personal Information may have been disclosed to for a business purpose. Category of third parties to whom Personal Information was sold.
Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers YES NO Service providers NO
Customer records containing Personal Information such as name, signature, social security number, address, telephone 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  YES NO Service providers NO
Commercial information, including records of products or services purchased, obtained or considered, or other purchasing or use histories or tendencies YES NO Service providers NO
Biometric Information NO NO NO NO
Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website application or advertisement YES NO Service providers NO
Geolocation data YES NO Service providers NO
Professional or employment-related information YES NO Service providers NO
Education information YES NO Service providers NO
Inferences drawn from any information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes YES NO NO NO
Sensitive Personal Information YES NO Service providers NO

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 Privacy Policy, pursuant to the General Data Protection Regulation, you may have the following rights regarding your Personal Information 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 unsubscribe@phillipslytle.com 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: https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm).

Please note that the above rights are not absolute, and we may be entitled to refuse requests where exceptions apply. For more information on why we may collect your Personal Information, see the section above titled “Collection of Information.” Additionally, you may find more information on how long we retain your personal data in the section above titled “Your Access to Information.” For more information, or to make a request, please contact us at the information listed below in the section titled “Questions and Contact Information” with your name, email address, request, and basis for your request.

Information Security; No Liability

We strive to protect your Personal Information; however, we urge you to take precautions to protect your Personal 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 Personal Information collected after such changes go into effect.

This Privacy Policy was last updated on August 31, 2023.

Questions and Contact Information

If you would like to submit a request concerning your Personal Information, have any questions or comments about this Privacy Policy, or need assistance regarding your Personal Information, please contact: Phillips Lytle LLP, One Canalside, 125 Main Street, Buffalo, NY 14203; (716) 847-8400, (877) 521-1960 or info@phillipslytle.com.