LABATON KELLER SUCHAROW LLP NOTICE OF COLLECTION OF PERSONAL INFORMATION AND PRIVACY POLICY UNDER THE CALIFORNIA CONSUMER PRIVACY ACT (CCPA)

Labaton Keller Sucharow LLP (“Labaton,” or the “Firm”) is committed to maintaining the privacy and security of your personal information. This Notice of Collection Of Personal Information and Privacy Policy (“CCPA Privacy Notice”) applies to the collection of personal information from California residents on and after January 1, 2020.

This CCPA Privacy Notice supplements our “Privacy Policy” to provide California residents with information and rights required by the California Consumer Privacy Act (CCPA).

This CCPA Privacy Notice describes the types and categories of personal information we collect, the business purposes for which we collect, use and share your personal information, with whom we share it, and your rights in personal information under the CCPA.

For purposes of this CCPA Privacy Notice, we refer to personal information according to the following definition given in the CCPA: “personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. Personal information does not include publicly available information, information that is de-identified or aggregate consumer information, or information or rights that are outside the scope of the CCPA.

By accessing our website, using our legal services or submitting personal information to us, you consent to the collection, use, sharing and disclosure of such information as set forth in this CCPA Privacy Notice, as it may be updated from time to time.

What categories of personal information do we collect about you?

We may collect personal information from you in various ways:

• when you provide us with information;
• when you communicate with us concerning our legal services, including as a client of the Firm;
• through automated means when you use our website including by use of “cookies”; and
• through information provided by third party vendors who analyze your usage of our website, such as Google Analytics.

We collect the following categories of personal information:

• Identifiers: this information may include your name, your family members’ name and contact details (including addresses, telephone numbers, email addresses, IP address, and other identifying information you provide to us).
• Customer Information under California Civil Code §1798.80(e): this information comprises any information that identifies, relates to, describes or is capable of being associated with you or your household in our records. Examples include your signature, background information to your claims, information concerning consumer and arbitration agreements you may have previously entered into, and other information you provide to us in connection with our providing legal services to you. Some personal information in this category may overlap with other categories.
• Characteristics of protected classifications under California or federal law: such as age, race, color, national origin, gender, citizenship, ethnicity, disability, sexual orientation, veteran or military status, religion, or marital status that you may voluntarily provide to us in connection our providing legal services.
• Commercial Information: this category includes information concerning our legal services and any retainer agreements.
• Internet and other electronic history: this category comprises electronic information concerning your use of the website (www.labaton.com) and dependent pages (the “Site”). This information may include information we automatically collect as you browse the Site, including your IP address, device type, browser type, and pages visited. We use both session and persistent cookies. We use this information in order to improve and customize your browsing experience and for analytics and metrics about your visits to our Site. See our Cookie Policy here. We also use services provided by Google Analytics, a third party, concerning your use of our Site, which is more fully described in our Privacy Policy. If you select that you accept cookies, Google Analytics will use cookies to provide us with information concerning your website activity.
• Professional or Employment Related Information: employment related and professional background information may be collected in connection with the Firm’s provision of legal services. We may use the professional or employment related information of job applicants for purposes of considering suitability for employment.
• Education information: educational records and related information may be collected in connection with the legal services we provide to you as a client. We may also collect and use the educational information of job applicants for purposes of considering suitability for employment.
• Inferences drawn from information you provide to create a personal profile concerning your preferences, characteristics, behavior, attitudes, abilities and aptitudes. We may accumulate the information you provide in the normal course of the legal services we provide to clients to make inferences concerning your preferences, characteristics, behavior, attitudes, abilities and aptitudes. This may include information you provide to us for the purposes of obtaining legal advice, attending meetings and events, and requesting marking or other information. Similarly, we may develop and communicate marketing and other educational materials concerning our legal services based on information you provide (e.g., requests to subscribe to certain blogs, case related information).

In the past twelve (12) months, depending on the individual circumstances, we have collected the following categories of personal information: Identifiers, Customer Information under section 1798.80(e) of the California Civil Code, Protected Characteristics, Commercial Information, Internet History, Professional or Employment Related Information, Education Information, and Personal Profile.

Our Business Reasons For Collecting And Using Your Personal Information

Depending on the individual circumstances, we collect and use personal information for the legitimate business purposes of Labaton Keller Sucharow. These purposes include to provide legal services, to fulfill the purpose for which you provided us with your personal information, to communicate with you, to perform on a contract between you and the Firm, to market and improve our services to you, to improve the functionality and effectiveness of our websites, to protect the security of our website, to comply with applicable law, rules or regulations, and if you are a job applicant, to consider your suitability and qualifications for employment.

Who we share your personal information with

We do not sell your personal information to third parties.

In some instances we may retain other companies and individuals to perform functions on our behalf, including, but not limited to, website developers, IT services providers, shipping or direct mail organizations, e-discovery or other technology vendors hosting case related data, other vendors we may use to support the legal services we provide to our clients such as photocopying, accountants, actuaries and other experts, storage facilities, or parties assisting us in a employment recruitment process. Such third parties may be provided with access to your personal information to perform the functions for which they have been retained.

We may disclose any information, including personal data, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request, to protect ourselves from fraudulent or illegal activity, and to defend against legal claims. We may share your personal information with third parties who provide marketing services on our behalf to compile lookalike audiences for targeted advertising.

In the past twelve (12) months, depending on the individual circumstances, we have shared the following categories of personal information: Identifiers, Customer Information under section 1798.80(e) of the California Civil Code, Protected Characteristics, Commercial Information, Internet History, Professional or Employment Related Information, Education Information, and Personal Profile with the following categories of third parties: service providers and third party businesses.

Your rights regarding your personal information

Under the California Consumer Privacy Act, you have the following rights in personal information held by us:

• You have the right to request that we disclose the personal information we collect, use, disclose and share. You may request (i) the categories of personal information that we have collected about you; (ii) the categories of sources from which the personal information is collected; (iii) the business or commercial purpose for collecting or sharing personal information; (iv) the categories of third parties with whom we share your personal information; and (v) the specific pieces of personal information that we have collected about you.
• You have the right to receive your personal information in a portable format that allows you to transmit the information to another entity.
• You have the right to request deletion of personal information under certain circumstances. For example, we may not be required to delete personal information if we need to retain the information to complete the transaction for which the personal information was collected, perform on a contract with us, or to comply with a legal obligation.
• You have the right not to receive discriminatory treatment for the exercise of any of these rights. We will not discriminate against you or refuse to provide you services because you have exercised your rights.

You may submit verifiable requests concerning any of your rights by contacting us by telephone at 1-888-753-2796 or by e-mail to Labaton’s Data Privacy Officer at dataprivacy@labaton.com. We will use reasonable methods for verifying that the person making a request to know, data portability or a request to delete is the individual about whom we have collected personal information. This may involve, depending on the nature of the request, confirming that the email address provided corresponds with our records concerning the individual. Additional reasonable measures may also be required to verify the identity of the person making the request depending on the circumstances. For requests to delete submissions made electronically, you will be required to submit the request to delete, and then separately confirm that you want your personal information deleted. To the extent that you wish to use an authorized agent to make requests concerning the rights set forth above, you will need to provide us either with a power of attorney or, alternatively, with signed authorization to communicate with your authorized agent, and directly confirm that you provided the authorized agent with permission to submit the request.

We will (i) confirm receipt of requests to know, data portability, or to delete within 10 business days of the request; and (ii) generally respond to requests to know, data portability, or to delete within 45 calendar days of the request. If we need additional time to respond to your request beyond the 45 calendar days, we will provide you with notice explaining the reasons we need more time, and we will then take up to an additional 45 calendar days to respond to your request.

Access By Persons With Disabilities

Persons with disabilities who need assistance accessing this CCPA Privacy Notice may contact us as provided for above, and depending on your individual needs, the Firm will grant reasonable requests to furnish this policy in an alternative format.

Children

Our Site is not intended for children under 13 years of age. No one under age 13 may provide any information to us through the Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not access, use or provide any information on the Site or on or through any of its features. If we learn we have collected or received personal data 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. We do not sell any personal information, including the personal information of minors under 16 years of age.

California Shine the Light Law/Online Privacy Protection Act

California Civil Code §1798.83 provides that California residents may request certain information concerning the disclosure of personal information to third parties for direct marketing purposes. Pursuant to California Business Code §§22575-22579, you may review and request changes to any of your personal information that we have collected. Should you wish to request this information or exercise these rights, please reach us at the contact information provided below.

We do not respond to Do Not Track requests. We do not control and are not responsible for third party tracking technologies that may be used on our Site. Such third parties may serve you content based on tracking you across different websites. You consent to potentially encountering third party tracking technologies when you use our Site.

Revisions to This CCPA Privacy Notice

Labaton reserves the right to change this CCPA Privacy Notice at any time whereby relevant changes take effect for the future. The applicable version of this CCPA Privacy Notice is available on the Site. Please check this CCPA Privacy Notice regularly, and before you submit additional personal information via the Site.

Contact Us

If you have questions or comments regarding this CCPA Notice and Privacy Policy or if you would like to exercise your rights, please send us an email to dataprivacy@labaton.com.

Effective Date: January 1, 2020
Last Updated: June 12, 2020