Privacy Policy

PRIVACY POLICY

Updated: October 1, 2021

Your privacy is important to us. This Online Privacy Policy (the "Privacy Policy") explains Davey Jay Law's online information practices and your related choices.

This Privacy Policy applies to our website, www.daveyjay.com, our social media pages (e.g. Facebook, Instagram, LinkedIn, etc.), and the services available through our website (together, our "Sites"). This Privacy Policy is intended to disclose how Davey Jay Law, PA ("Davey Jay Law") collects, uses and discloses personal information about users of our Sites, as well as to explain the choices and right individuals have regarding their personal information.

Commitment to Security, Privacy and Standards

We take seriously our responsibility to protect the security and privacy of the information we receive via our Sites. We maintain administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.

Any suspected attempt to breach our policies and procedures, or to engage in any type of unauthorized action involving our information systems, is regarded as potential criminal activity. Suspected computer mischief may be reported to the appropriate authorities.

Please remember that communications over the internet, such as e-mails, contact forms, and social media messaging services, are not secure. We seek to keep secure all confidential and personal information submitted to Davey Jay Law through our Sites in accordance with our obligations under applicable laws and regulations. However, we cannot guarantee the security of any data transmitted through our Sites.

1. Jurisdiction

Davey Jay Law has offices in Orlando, Florida. This Privacy Policy will be construed consistent with the laws of the State of Florida, without regard to its choice of laws principles. By accessing our site, you agree to jurisdiction of the State of Florida for any disputes or controversies arising under this Privacy Policy.

2. GDPR

On May 25, 2018, the European Union’s General Data Protection Regulation (“GDPR”) took effect and applies to entities located outside of the European Union (“EU”) that offer services to people in the EU, including our firm. Our GDPR Privacy Notice contains additional information about how Davey Jay Law processes personal information that is subject to the GDPR, and encompasses personal information about users of the Sites and others with whom we engage.

3. The information we collect

We collect information directly from individuals online, as well as automatically through the use of our Sites.

Information collected directly

We may collect personal information about you—such as your name, address, telephone number, fax number, e-mail address, etc.—directly from you. For example, personal information may be collected when you fill out a 'Contact Us' form, register for events we host or sponsor, submit information as part of certain online services, or otherwise provide Davey Jay Law information through the Sites. Generally, the information we collect may include your:

  • Name, company name and title/position.
  • Email address, phone number, mailing address and contact details.
  • Contact preferences and interests.
  • Business affiliations.
  • Other information related to your matter, request or inquiry.

Automatically-collected information

We may use cookies, log files, pixel tags, local storage objects and other tracking technologies to automatically collect information when users access or use the services or visit our Sites, such as an IP address, general location information, domain name, page views, a date/time stamp, browser type, device type, device ID, Internet service provider ("ISP"), referring/exit URLs, operating system, language, clickstream data, and other information about the links clicked, features used, size of files uploaded, streamed or deleted, and similar device and usage information.

4. Our use of personal information

We use the personal information you provide to respond to your request or inquiry and in the ordinary course of conducting our business. Generally, we use the information (including personal information) that we collect online as follows:

Providing support and services

To provide and operate our Sites, communicate with you about your use of the Sites, provide troubleshooting and technical support, respond to your inquiries, fulfill your orders and requests, process your payments, communicate with you, and for similar service and support purposes.

Responding to your requests

To respond to your inquiries, provide requested services, and to provide information to you regarding your ongoing requests, projects and matters.

Personalization

To tailor content we may send or display on the Sites, including to offer location customization and personalized help and instructions, and to otherwise personalize your experiences.

Newsletters, mailing lists and direct marketing

For direct marketing purposes, including to send you newsletters, client alerts and information we think may interest you. If you are located in a jurisdiction that requires opt-in consent to receive electronic marketing messages, we will only send you such messages if you opt-in to receive them.

Analytics and improvement

To better understand how users access and use the Sites, and our other products and offerings, and for other research and analytical purposes, such as to evaluate and improve our services and business operations and to develop services and features.

Protect our legal rights and prevent misuse

To protect the Sites and our business operations; to prevent and detect fraud, unauthorized activities and access, and other misuse; where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety or legal rights of any person or third party, or violations of our Terms of Use or this Privacy Policy.

Comply with legal obligations

To comply with the law or legal proceedings. For example, we may disclose information in response to subpoenas, court orders, and/or other lawful requests by regulators and/or law enforcement, including responding to national security or law enforcement disclosure requirements.

General business operations

Where necessary, for the administration of our general business, accounting, recordkeeping and legal functions.

Anonymous and de-identified information

We create and use anonymous and de-identified information to assess, improve and develop our business, processes and services, and for similar research and analytics purposes.

5. Disclosure of personal information

We will not rent or sell your personal information, nor will we share it with third parties for their marketing purposes.

We may share personal information with the following categories of third parties:

  • Third-party service providers that provide services to Davey Jay Law or to whom we outsource certain services, such as data hosting or software or technology services.
  • Our professional advisers, such as lawyers and accountants.
  • Government and/or regulatory authorities.
  • Professional indemnity insurers.
  • Regulators, tax authorities and/or corporate registries.

In addition, we may disclose personal information to other third parties under the following circumstances:

Specific third-party service providers

We use MyCase cloud-based practice management system by App Folio, Inc (“MyCase”) for case/matter management, billing and payments, and customer relationship management (CRM”). MyCase does not and will not share any personally identifiable or sensitive business information with third parties for unknown reasons. You can read more about MyCase’s security features here, and their privacy policy is here.

Like most small business owners, we use QuickBooks Online (“QBO”) by Intuit, Inc. as our accounting system. Without explicit permission, QBO will never sell, publish or share any data that identifies you that we have entrusted to it. You can read more about QBO’s security features here, and their privacy policy is here.

Business transfers

As part of any merger, sale and transfer of our assets, acquisition or restructuring of all or part of our business, bankruptcy, or similar event, including related to due diligence conducted prior to such event where permitted by law.

Legally required

If we are required to do so by law (e.g., to law enforcement, courts or others in response to a subpoena or court order).

Sunshine Law

Davey Jay Law is a Florida-based law firm. Your information, when required by law, may be subject to Florida’s Sunshine Laws and therefore may be made publicly available when we share it in the course of providing services to you that include filing documents with the Courts or Departments of the State of Florida.

Protect our rights

Where we believe it necessary to respond to claims asserted against Davey Jay Law, comply with legal processes (eg, subpoenas or warrants), enforce or administer our agreements and terms, or for fraud prevention, risk assessment, investigation, and to protect the rights, property or safety of Davey Jay Law, our clients, or others.

We may also share aggregate or de-identified information with third parties for research, marketing, analytics and other purposes, provided such information does not identify a particular individual.

6. Cookies and similar devices

We and our service providers may use cookies, pixels, log files and other mechanisms to gather information about your use of our Sites.

Cookies

Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your web browser for record-keeping purposes. Some cookies allow Davey Jay Law to make it easier for you to navigate our Sites, while others are used to enable a faster log-in process or to allow Davey Jay Law to track your activities while using our Sites. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.

Clear GIFs, pixel tags and other technologies

Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer's hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (also referred to as web beacons, web bugs or pixel tags), in connection with our Sites to, among other things, track the activities of users of our Sites, help Davey Jay Law manage content, and compile statistics about usage of our Sites.

Log files

Most browsers collect certain information, such as your IP address, device type, screen resolution, operating system version, and internet browser type and version. This information is gathered automatically and stored in log files.

Third party analytics

We also use automated devices and applications, such as Google Analytics, to evaluate the use of our services. We use these tools to gather non-personal data about users to help Davey Jay Law improve our services and user experiences. These analytics providers may use cookies and other technologies to perform their services, and may combine the information they collect about you on our Sites with other information they have collected for their own purposes. This Policy does not cover such uses of data by third parties.

Do-not-track signals

Our Sites does not respond to do-not-track signals. You may, however, disable certain tracking as discussed above (e.g., by disabling cookies).

7. Direct marketing

We may send periodic promotional emails to you only if we have your consent to do so. You may opt out of such communications at any time by following the opt-out instructions contained in the email or email Davey Jay Law at info@daveyjay.com. If you opt out of receiving emails about information we think may interest you, we may still send you emails about your account, matters, projects, or any services you have requested or received from Davey Jay Law.

8. International transfers

Davey Jay Law is a Florida law firm; when you submit personal information to Davey Jay Law, or when others provide personal information to Davey Jay Law, we will receive it and process it in the State of Florida or elsewhere in the United States. If you are based within the EU, please note that you are submitting your personal information to Davey Jay Law in the Unites States, and that the data is not considered “transferred” outside of the EU for purposes of the GDPR. The laws of the Unites States may not provide the level of protection to your personal information required under the GDPR. However, we take the privacy of your data very seriously and will not use, disclose, or transfer your information except as described herein.

9. Access and correction

If you would like to review the personal information we have collected about you via the Sites, or request that we update or delete it, please contact Davey Jay Law at info@daveyjay.com.

10. Third party websites and links

Our Sites may contain links to other sites whose information practices may be different than ours. Visitors should consult the other sites' privacy notices as we have no control over information that is submitted to, or collected by, these third parties.

11. Sponsored events

Davey Jay Law may post information about programs and events that are sponsored by or co-sponsored by other organizations. Should you choose to register electronically for any of these events or submit your information to these third parties, Davey Jay Law will have no control over the third-party sponsors' use of this information, and this Privacy Policy will not apply.

12. No attorney/client relationship

Please note that accessing our Sites or transmitting information to Davey Jay Law via our Sites DOES NOT create an attorney/client relationship. Consequently, there is no privilege or confidentiality of communication made through our Sites. If you consider any information to be confidential, proprietary, trade secret, personally sensitive, or private, DO NOT transmit such information to Davey Jay Law through the Sites.

13. How to contact Davey Jay Law

If you have any questions or concerns about Davey Jay Law's Privacy Policy or its implementation, you may contact Davey Jay Law at info@daveyjay.com. If at any time you decide that we should no longer hold any of your personal information, or you wish to change the use to which any such information can be put, please let Davey Jay Law know by emailing Davey Jay Law at info@daveyjay.com.

14. Revisions to our Privacy Policy

We reserve the right to revise this Policy or any part of it from time to time. Please review the Policy periodically for changes. If we make material changes, we will endeavor to provide notice ahead of such changes, such as by email or through a notice on www.daveyjay.com.

Davey Jay Law GDPR Privacy Notice

Your privacy is important to us. Davey Jay Law (“Davey Jay Law”) has developed this GDPR Privacy Notice (this "Privacy Notice") to provide additional information about how we handle personal information that is subject to the European Union’s General Data Protection Regulation (“GDPR”) and associated national laws when we are the controller of that information.

This Privacy Notice explains how Davey Jay Law handles the personal information we collect from individuals through our website located at daveyjay.com, the personal information we collect when individuals engage with us or use our services (our "Services") and the personal information we receive about individuals as a result of providing the Services to third parties, whenever such personal information is subject to the GDPR. It also sets out the individuals' rights related to our processing of such personal information.

For other personal information, our Online Privacy Policy applies to all users of our website, our social media pages, and related services (together, the "Sites"), and explains our information practices related to the personal information that we collect from users of the Sites.

1. Our Information

Davey Jay Law is a Florida law firm with attorneys licensed to practice under U.S. Federal and Florida Law. We provide legal services in accordance with the laws of those jurisdictions only. We are the data controller of personal information subject to the GDPR that we collect and process in connection with our Sites.

2. Your Information

We may collect personal information in the course of our business, including through your use of our Sites, when you contact us or request information from us, when you engage our Services, or as a result of your relationship with one or more of our staff. When we require personal information from you in order to fulfill a statutory or contractual requirement, or where such information is necessary to enter into a contract or is otherwise an obligation, we will inform you and indicate the consequences of failing to do so.

If you register with us via the Sites, sign up to receive news and information from us, or communicate with us through the Sites, we may collect the following personal information:

  • Your name, job title and company.
  • Contact information for you, including the company you work for and email address.
  • Demographic information, such as your address, preferences and interests.
  • Other information relevant to the provision of Services.

From individuals who are clients and prospective clients, or representatives of clients and prospective clients, we may collect the following personal information:

  • Your name, the name of the company you work for (if different) and your job title.
  • Contact information for you and the company you work for (if different), including addresses, fax, phone numbers, and email addresses.
  • Payment information (including payment card, bank account, and wire details), billing instructions and preferences (including to whom to direct invoices).
  • Relevant information so that we can perform conflicts of interest checks.
  • Relevant information as part of our client intake procedures.
  • Information you provide to us for the purposes of attending meetings and events.
  • Information that you provide to us as part of the provision of Services to you, which depends on the nature of your engagement with Davey Jay Law.
  • Other information relevant to the provision of Services.

Corporate clients and prospective corporate clients (i.e., legal entities) are not “data subjects” under the GDPR (i.e., natural persons to whom personal information relates). However, as part of our engagement with our corporate clients, we may receive personal information about corporate representatives or other individuals. For example, we may receive names, contact details and other information relating to:

  • Officers, representatives and/or personnel of our corporate clients or prospective clients, as well as their affiliated and related entities.
  • Adverse parties in a matter or potential matter, such as claimants, plaintiffs, defendants and other adverse parties.
  • Parties to contracts and negotiations, and other related parties in a matter or potential matter.
  • Vendors and suppliers of our corporate clients or prospective clients.
  • Current and former legal advisors, accountants, consultants, and other professional advisors of our corporate clients.
  • Government entities and their representatives.

If you are a third party (e.g. an individual who is not our client but whose personal information is processed by us as a result of providing the Services another person or entity), we may process your personal information as required by the nature of the Services provided to the client. For example, if we represent an artist in a contract negotiation with a publisher, we may receive and then process information regarding the individual officers and representatives of the publisher in addition to our client’s information. We might also process personal information in relation to other third parties involved in providing the Services to our client, such as other law firms, accountants, consultants, experts, etc.

For clients and prospective clients, we may collect information to enable us to market Services which may be of interest to you. For this purpose we collect:

  • Name and contact details.
  • Other business information.
  • Areas of interest to you.
  • Sponsored events you attended.

 

3. Purpose and Legal Basis

We process personal information for the following purposes, in each case as justified by a legal basis:

Providing Services

We use personal information necessary to enable us to provide the Services for which we are engaged and respond to client requests, to verify your identity, and to carry out requests made by you on the Site or in relation to our Services. It is necessary and in our legitimate interest to use your personal information in a manner that ensures that we provide the best client service we can and to comply with our professional and ethical duties as attorneys.

We use personal information to provide and operate our Sites, to communicate with you about your use of the Site and our Services, to respond to your inquiries, to fulfill your requests, to bill you for our Services, to collect payments, to respond to complaints and inquiries, and to provide other client services and support. It is necessary and in our legitimate interest to use your personal information to establish, exercise or defend our legal claims and rights. In some cases, this processing is necessary to perform a contract to which you are a party.

Business Administration and Legal Compliance

We use personal information for business administration and legal compliance purposes, including:

  • Performing conflicts of interest searches.
  • Complying with our legal obligations such as performing contracts, regulatory compliance, or maintaining insurance policies.
  • Enforcing our legal rights, including enforcing our contracts with clients, and investigating and/or settling disputes.
  • Complying with any applicable law, regulation, court order, or law enforcement request.
  • Protecting the rights, property or safety of Davey Jay Law, its attorneys and staff, or third parties, including our other clients and users of the Sites or our Services.
  • Maintaining our records.
  • Processing business transaction data.
  • As otherwise required or permitted by law, consistent with these purposes.

It is necessary to enforce, establish or defend our legal rights, or to protect the rights of third parties. This processing is necessary to comply with EU legal obligations imposed upon us. It is in our legitimate interest or a third party's legitimate interest to use your personal information to comply with other legal obligations. In some cases, this processing will be necessary to perform a contract to which you are a party.

Marketing and Promotions

We may use personal information for marketing and promotional purposes, such as to send you newsletters, or to otherwise contact you about information we think may interest you, by email or direct (postal) mail. We may also use it develop new Services and determine how to market our Services. It is in our legitimate interest to use your personal information for marketing purposes in order to develop and grow our firm and promote the reputation of Davey Jay Law. We will always obtain your consent to send such communications.

Client Insight and Analytics

We may use personal information to better understand how you and others use our Sites, so that we can improve our Sites and Services, to develop new features, offerings, and services, and for other research and analytical purposes. We may use the information we collect to measure the effectiveness of our online content and how visitors use our Sites. This allows us to learn what content is most attractive to our visitors, which parts of our Sites are the most interesting, and what kind of offers our users like to see. We may use this information and the insights we have derived for marketing purposes or to make decisions about events, news and information that may be of interest to you. It is in our legitimate interest to use your personal information in order to develop and grow our business and promote the reputation of our firm.

Prevent Misconduct, Abuse and Misuse

Subject to our professional and ethical duties, we use personal information where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, or violations of our terms of engagement. We also use personal information to protect and secure the Sites and our information systems and networks. Such use of your information is necessary and in our legitimate interest (or a third party's legitimate interest) to comply with our EU legal obligations, to enforce, establish, or defend our legal rights or the rights of third parties, and to comply with other legal obligations, including performing a contract to which you are a party.

4. Sharing Your Personal Information

Davey Jay Law shares personal information with a variety of the following categories of third parties as necessary:

  • Our professional advisers, such as lawyers and accountants.
  • Government and regulatory authorities.
  • Professional liability insurers.
  • Third parties to whom we outsource certain services, for example: payment processing, document transcription services, translation services, information systems or software providers, and IT service providers.
  • Third parties to litigation matters, such as local counsel, arbitrators, mediators, clerks, witnesses, court reporters, court, opposing party and their lawyers, document review platforms and experts.
  • Third parties to business transactional matters, such as the other contracting party and their lawyers, banks, lenders, insurers, and accountants.
  • Third party service providers to assist us with client insight analytics, such as Google Analytics.
  • Third party postal or courier providers who assist us in delivering our postal marketing campaigns to you, or delivering documents related to a matter.

We conduct an appropriate level of due diligence and put in place contractual documentation in relation to any sub-contractor to ensure that they process personal information appropriately and according to our legal and regulatory obligations in relation to the personal information including, but without limitation, requiring such third parties put appropriate safeguards in place.

5. Cookies and Similar Technologies

Our Sites may use cookies, pixel tags, log files or other technologies to operate and improve our Sites, and to collect information about how our Sites are accessed and used and about Site performance. It is necessary to market our firm and its services, and in our legitimate interest to use personal information in such a way to ensure that we provide the Sites and our Services in a professional manner.

6. Retention of Personal Information

We may retain relevant personal information of Site visitors for up to three (3) years from the date of our last interaction with you and in compliance with our obligations under applicable laws, or for longer if we are required to do so according to our regulatory obligations or professional indemnity obligations, or where we believe necessary to establish, defend, or protect our legal rights and interests or those of others.

We generally retain files and information regarding client engagements and matters for which we have been retained for at least seven (7) years from the date of our last interaction with the client, in compliance with our obligations under applicable laws, or for longer where required by our regulatory obligations, professional indemnity obligations, or where we believe necessary to establish, defend, or protect our legal rights and interests or those of others. We may then destroy such files without further notice or liability.

7. Confidentiality and Security of Your Personal Information

We are committed to keeping personal information secure and we have implemented appropriate information security policies, rules and technical measures to protect the personal information that we have under our control from unauthorized access, improper use or disclosure, unauthorized modification, unlawful destruction, or accidental loss. Please note that no transmission over the internet is completely secure or error-free, and that the information security policies, rules and technical measures utilized and maintained by us may be subject to compromise. All of our attorneys, staff, consultants, and data processors who have access to, and are associated with the processing of personal information, are obliged to respect the confidentiality of such personal information.

8. Your Rights

You have the following rights in relation to your personal information:

  • Right of access. If you ask us, we will confirm whether we are processing your personal information and, if necessary, provide you with a copy of that personal information.
  • Right to correction. If your personal information is inaccurate or incomplete, you are entitled to request to have us correct it. If you request that information be corrected and if we have shared your personal information with others, we will let them know about the correction where possible. If you ask us, we will also tell you, where possible and lawful to do so, with whom we have shared your personal information so that you can contact them directly.
  • Your right to erasure. You can ask us to delete or remove your personal information in some circumstances, such as where we no longer need it or if you withdraw your consent (where applicable). If you request erasure and if we have shared your personal information with others, we will let them know about the erasure where possible. If you ask us, we will also tell you, where it is possible and lawful for us to do so, with whom we have shared your personal information with so that you can contact them directly.
  • Your right to block processing. You can ask us to restrict the processing of your personal information in certain circumstances. If you are entitled to restriction and if we have shared your personal information with others, we will let them know about the restriction where it is possible for us to do so. If you ask us, we will also tell you, where it is possible and lawful for us to do so, with whom we have shared your personal information so that you can contact them directly.
  • Your right to data portability. You have the right, in certain circumstances, to receive a copy of the personal information we've obtain from you in a structured, commonly used and machine readable format, and to reuse it elsewhere or to ask us to transfer this to a third party of your choice.
  • Your rights in relation to automated decision-making and profiling. You have the right not to be subject to a decision when it's based on automatic processing, including profiling, if it produces a legal effect or similarly significantly affects you, unless such profiling is necessary for entering into, or the performance of, a contract between you and us.
  • Your right to withdraw consent. If we rely on your consent (or explicit consent) as our legal basis for processing your personal information, you have the right to withdraw that consent at any time.
  • Your right to lodge a complaint with the supervisory authority. If you have a concern about any aspect of our privacy practices, including the way we've handled your personal information, you can report it to the relevant supervisory authority.

Please note that some of these rights may be limited where we have an overriding legitimate interest or legal obligation to continue to process your personal information, or where your personal information may be exempt from disclosure due to applicable law, the applicable rules of professional conduct, attorney-client privilege, legal professional privilege, other applicable privileges or protections, or professional secrecy obligations.

9. No Use by Children

The Sites are not intended for use by children under eighteen (18) years old, and we do not knowingly collect, store, share, or use the personal information of children under the age of 18 (except as required by law or in relation to a client matter). If you are under the age of 18, please do not provide any personal information through our Sites, even if prompted to do so. If you are under the age of 18 years and you believe you have provided personal information to us, please ask a parent or guardian to notify us and we will delete all such personal information.

10. Changes to This Privacy Notice

We may make changes to this Privacy Notice from time to time, to reflect changes in the law or regulatory requirements, or changes in our practices. Where we materially change this Privacy Notice, we will take steps to notify you (such as by posting a notice on the Site or via email), and where required by applicable law to obtain your consent.

11. Our Contact Information

If you have any questions about this Privacy Notice or want to exercise your rights set out herein, please contact us in writing by email at info@daveyjay.com or by mail to: Davey Jay Law, Attn: GDPR Privacy Notice, 1215 E. Concord Street, Orlando, FL 32803, USA.