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privacy policy

We at Victoria Smolyar Law, P.C. (“us”, “we”, or “our”) greatly value your privacy. We’ve put together this Privacy Policy (“Policy”) so that you can understand what information we collect from you, what we do with this information, and your rights as to how this information is used. 

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APPLICATION

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This Policy applies when you visit and engage with www.smolyarlaw.com (our “Website”) as well as our Facebook® page, Facebook® groups, Instagram® account, LinkedIn® account, and any other social media platforms (collectively “Platforms”).

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By visiting the Website and/or Platforms you agree to be bound by the terms of this Policy, our Terms of Use, and any other agreements that may govern your use of the Website or Platforms (the “Agreements”).

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If you disagree with any part of these Agreements, then you MAY NOT access or use the Website or the Platforms  in any way.

If you have formally retained our firm’s services, the terms of any Engagement Letter or Retainer Agreement that you sign will supersede the terms of this Policy.

 

 

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INTENDED AUDIENCE

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The Website and the Platforms are intended for US-based individuals that are over the age of 18.

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In compliance with the Children’s Online Privacy Protection Act (COPPA) and the General Data Protection Regulation (GDPR), we do not collect any information on any individual under the age of 18. In fact, minors are explicitly prohibited from submitting their Personal Information to us or otherwise engaging with the Website and the Platforms.

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If we learn that we have any information from anyone who is under the age of 18, we will delete that information. Moreover, parents that believe that we may have collected personal information from their minor child may contact us at info@smolyarlaw.com and ask that it be removed.

 

 

 

WHAT INFORMATION WE COLLECT AND HOW WE USE IT

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1.  Personal Information.

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While you are using our Website or the Platforms, we may ask you to provide us with certain information, which may be used to contact or identify you (your “Personal Information”).

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A.  Personal Information We May Collect.

  • Your IP address;

  • Your name;

  • Your e-mail;

  • Your telephone number;

  • Your address;

  • Your business information (Name, Address, E-mail, Telephone Number, etc.)

  • Your personal and business Website(s)

  • Your personal and business social media name(s)

  • Your credit card or ACH information; and/or

  • Any other identifiable information you provide us.

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B. When Your Personal Information Is Required.
You are not required to provide any Personal Information to view this Website or the Platforms. However, this information is required if you want to:

  • Join our mailing list;

  • Access some of the Website Resources (as such term is defined in the Terms of Use);

  • Participate in any webinars we may offer;

  • Be eligible for any promotions, contests, or giveaways we may have;

  • Receive communication from us;

  • Set up any type of consultation with us;

  • Join any of our private Facebook® groups;

  • Create a Client Portal; and/or

  • Pay any of your legal bills.

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C.  How We Acquire Your Personal Information.
We collect your Personal Information directly from you when you:

  • Fill out a form to join our mailing list, opt into any free Resources we are giving away, or participate in any contest, promotion, or special offer;

  • Use the Contact Us form on the Website to reach out to us;

  • Communicate with us on the Platforms, whether in a group or through direct/private message or chat;

  • Sign up for a webinar or a masterclass we are hosting;

  • Chat with us through our Website chat feature; and/or

  • Otherwise contact us by e-mail, phone, mail, or in person.

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We may also collect your Personal Information from:

  • Our Third-Party Vendors (as they are identified below in Paragraph 1 of Section titled “How and  When We Share Your Information with Third-Parties”), if you provided this information to them.

  • Your internet browser or Third-Party Web Tracking Technology (as identified below in Paragraph 2(B) of this Section), but only to collect your IP address.

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D.  How We Use Your Personal Information.
We only use your Personal Information to:

  • Communicate with you;

  • Respond to your questions or comments;

  • Send you requested firm and business law updates;

  • Market our services or products to you;

  • Promote our special offers and contests;

  • Process payments;

  • Fulfill purchase orders for our offered services or products.

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2.  Web-Based Activity.

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When you visit our Website or receive any digital communications from us, we may automatically collect information about your web-based activity, such as your engagement on our Website and Platforms, as well as your purchasing and web browsing behavior (your “Web-Based Activity Information”). 

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A.  Web-Based Activity Information We May Collect.
 

  • Your IP address (which is also considered Personal Information);

  • Type of browser you are using;

  • Version of the browser you are using;

  • The pages on our Website that you access;

  • The time and date(s) of your visit(s);

  • The time spent on those pages;

  • Any links you clicked;

  • The referring link through which you accessed our Website; and/or

  • Other statistical information.

 

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B.  How We Acquire Web-Based Activity Information.
Your Web-Based Activity Information is collected and automatically sent to us by your browser or by third-party web tracking technology that we may use.
 

  • Cookies. Cookies are small amounts of textual date that are downloaded to your browser as you visit different websites (or open certain e-mails). They provide tiny pieces of useful information about your interaction with the website that sets them.

    Like many sites, we may use Cookies to collect information. We may also use Cookies in our promotional e-mails to see how you are interacting with these e-mails. The information collected is not Personal Information (except for your IP address).

    You can instruct your browser to opt out of all Cookies or limit when a Cookie is being sent. Our Website and Platforms will continue to function if you choose to disable your Cookies; however, it is possible that some functionality may be affected.
     

  • Third-Party Web Tracking Technology. We use the following third-party web-tracking technology:

    • Visitor Analytics by WIX®

    • Google® Analytics

    • Facebook® Pixel

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C.  How We Use Your Web-Based Activity Information.
We only use your Web-Based Activity Information to:

  • Make improvements to our Website;

  • Understand which pages and features of our Website resonate the most with our visitors;

  • Learn about how you interact with our promotional e-mails;

  • Analyze the effectiveness of our marketing campaigns; and/or

  • Deliver communications, advertising and Website content that is targeted specifically to your interests.

 

 

 

YOUR RIGHTS WITH REGARDS TO OUR USE OF YOUR INFORMATION

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1.  You May Control or Limit Our Use of Cookies.
 

The first page of our Website that you visit will contain a pop-up that will notify you of the fact that we use Cookies, will provide links to this Policy for additional information, and will ask you to confirm your understanding.
 

Your consent to our use of Cookies is NOT required to use our Website or the Platforms. If you do not agree to our use of Cookies you have several options:
 

  • Controlling Cookies.  You can set your browser to accept or reject all cookies or specific kinds of cookies. For more information, please click here.
     

  • Deleting Cookies. You can delete cookies stored on your computer. For more information, click here.
     

  • Removing Flash Cookies. Websites that are flash-based may embed Flash Cookies. For more information on removing them, click here. 
     

  • Stop Google Tracking. You can stop Google® Analytics from tracking your web-based activity. For  more information, click here.
     

  • Stop Other Third-Party Tracking.  You may control the information that we receive or to stop us from receiving information from Facebook® or other third-party tracking technology that we may use. You will need to get instructions from Facebook® or those other third-parties to figure out how it can be done. Additionally, there may be browser extensions that can be downloaded that block third-party tracking.

    Please note, we only have control over the information that we collect, and this information is governed by this Policy. Any information collected by any third-party is subject to that party’s own privacy policy. Additionally, any privacy controls that you have set on Facebook® or any other third-party website or social media platform will not be applicable to our use of the information that we collect on the Website or Platforms.
     

  • Browser “Do Not Track” Requests. Some web browsers have incorporated “Do Not Track” features. Most of these features, when activated, send a signal to the website you’re visiting that you do not want your actions or your data to be tracked.

    There are no uniform Do Not Track standards nor is there a common definition of “tracking”, accordingly we do not recognize or respond to browser-initiated DNT requests.

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2.  You May Unsubscribe from E-mails.

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You may unsubscribe from our e-mails at any time by clicking the “Unsubscribe” link found in the footer of every e-mail that is sent to you (except for e-mails that were personally sent to you in response to an inquiry).
 

Please note that in further compliance with the CAN-SPAM Act of 2003, we will never send you deceptive or misleading marketing messages.
 

Your information is safe with us and unless necessary, we will not share your e-mail address with anyone else. We will also never sell your information to any third-party. Please see the Section titled “How and When We Share Your Information with Third Parties” for additional information.

 

3.  You May Change or Update Personal Information That We Collect.

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If you would like to edit any of the Personal Information that we have collected about you, please e-mail us at info@smolyarlaw.com and let us know what information you would like corrected.
 

For your added protection we may require that you e-mail us from the e-mail account we have on file and associated with you.

In certain cases, we may request additional information to identify you. We may also need to verify your identity and address before we process your request. If this happens, we will ask you to provide a copy of your driver’s license, government-issued ID, passport, or recent utility bill.
 

Please note that we may refuse your request, based on bona fide legal reasons.
 

Please allow up to 30 days for us to respond to your request.

 

4.  Additional Rights for EU Citizens.
 

A.  GDPR Protections.

The General Data Protection Regulation (“GDPR”) provides individuals located in the EU additional protections, which
include, the right to:

  • Request information about how your Personal Information is being used and request a copy of the Personal Information we have collected and are using. 

  • Restrict our use of your Personal Information for marketing purposes, automated-decision making, and profiling.

  • Require us to erase your Personal Information and receive confirmation of any such erasure (i.e.: the right to “be forgotten”).

  • Object or withdraw your consent to the use of your Personal Information at any time.

  • Have the right to transfer your Personal Information safely from one IT environment to another, without our interference.

  • Lodge a complaint with the relevant supervisory authority if you feel we are using your Personal Information unlawfully.

  • Have the right to claim compensation for damages caused by our breach of any data protection laws.
     

For additional information on these rights, please click here.

 

B.  How to Exercise These Rights.

The Website and the Platforms cover only US law and are generally targeted toward a US-based audience. However, if you are an EU Citizen who has visited and engaged with our Website and/or Platforms and you wish to exercise your rights under the GDPR, please e-mail us at info@smolyarlaw.com and provide us with:

  • Your full name, e-mail address and billing details (if applicable);

  • What you would like us to do; and

  • If possible, information relevant to your request. Where you request correction, please explain in detail why you believe the personal information we hold about you to be inaccurate or incomplete so that we can assess whether a correction is required.
     

For your added protection we may require that you e-mail us from the e-mail account we have on file and associated with you. In certain cases, we may request additional information to identify you.
 

We may also need to verify your identity and address before we process your request. If this happens, we will ask you to provide a copy of your driver’s license, government-issued ID, passport, or recent utility bill.

 

C.  Our Obligations to You.

  • We are obligated to provide you with all requested information free of charge and in an easy to read and understand form.

  • We are obligated to process your request in as timely a manner as possible; however, some requests may take up to 30 days for a response. In cases where additional information or verification from you is required and such information or verification is delayed, it may take longer.

  • Please note that we may not always be able to grant your requests. We may have a lawful basis for retaining certain information, for example for mandatory record-keeping purposes.

 
 

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HOW AND WHEN WE SHARE YOUR INFORMATION WITH THIRD-PARTIES

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We strive to keep all your Personal and Web-Based Activity Information confidential, however sometimes we may need to disclose this information to third-parties.

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Please know that we will never disclose more information than is necessary in any given situation, without your explicit consent.

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1.  Third-Party Vendors.

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We may share some of your Personal Information with our Third-Party Vendors, which are legal and business technology companies, credit card processors, e-mail providers, marketing companies, analytics companies, web-hosting companies and shipping companies. Our current Third-Party Vendors include:

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  • Acuity Scheduling

  • G-Suite® E-mail

  • Google® Drive

  • Google® Calendar

  • Google® Forms

  • Practice Panther®

  • LawPay®

  • Adobe® Sign

  • Microsoft® OneDrive

  • ConvertKit®

  • Facebook®

  • Instagram®

  • Google Analytics®

  • WIX®

  • 123 Form Builder

  • Zoom® Video Conferencing

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2.  Employees and Independent Contractors.

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We may need to share your information with our employees or independent contractor to provide you with customer service, provide requested legal services, or otherwise manage our business affairs.

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3.  Compliance with Law Enforcement or Legal Proceedings.

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We may be compelled by legal process (such as a subpoena) to share your information with a governing federal, state, or local enforcement agency or in federal or state court proceedings.

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4.  Public Disclosure.

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Please note that when you voluntarily post your Personal Information on our Website or the Platforms (e.g.: posting publicly in our Facebook group, commenting on our social media posts, sharing information during a webinar, etc.) it may be seen, saved and used by other individuals.

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If this happens, we cannot be held responsible for any unapproved or inappropriate use of such information. Please disclose this information at your own risk!

 

 

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OUR LEGAL BASIS FOR USING AND SHARING YOUR INFORMATION

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1.  Your Consent.

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We may use and share your Personal Information if you have given us your clear and unambiguous consent to do so. This happens when you affirmatively enter your information into any form on our Website, or voluntarily engage with us through our Website or on any Platforms.

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If you retain us to perform legal services, you will need to provide additional written consent.

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2.  Our Contractual Obligation.

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We may use and share your Personal Information if we have a contractual obligation to do so. For example, if you have retained us to perform a legal service from you, or you have purchased a product from us.

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3.  Your Legitimate Interest.

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We may use your Personal Information if we believe that you have a legitimate interest in that use. For example, if you opt in to receive one of our free Resources, we may send you marketing e-mails regarding services or products that we offer that are related to those free Resources.

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4.  Exercise of Our Legal Rights.

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We may use your Personal Information or share it with our retained legal counsel or law enforcement upon our good-faith belief that such use or sharing is:

  • Required to establish, protect and defend our rights, including, without limitation, our intellectual property rights;

  • Immediately necessary to the financial and personal safety rights of our users or the public; and/or

  • Necessary to investigate or respond to any actual or suspected violation of the Agreements.

 

 

 

INFORMATION RETENTION PERIOD

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1.  Non-Clients.

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We hold all non-client Personal Information for as it is necessary to comply with any of our legal obligations to you, to resolve any disputes, and enforce any of the Agreements.

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You may ask us to alter or delete this information (please see the Section titled “Your Rights with Regard to Our Use of Your Information”, Paragraphs 3 and 4).

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In the case of our mailing list, you may unsubscribe at any time. As a general principal, we delete e-mail subscribers that have not engaged with our e-mails for 6 or more months.

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We do not personally store any Web-Based Activity Information, it is stored by our respective Third-Party Vendors and the retention period varies between each platform. For exact information, you may reach out to these Third-Party Vendors directly.

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2.  Clients.

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If you have consulted with us or have retained us for a matter, we hold all client and customer Personal Information in our files for at least seven (7) years, unless otherwise specified in your Letter of Engagement or Retainer Agreement.

 

 

 

TRANSFER OF YOUR INFORMATION

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Our Website and Platforms are operated in the United States. Our Third-Party Vendors are also located in the United States (or possibly in countries outside of the UK and EU). The US and some of these other countries do not have data protection laws that are as stringent as the GDPR.

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If you are a citizen of the UK or the EU, please be aware that your information will be transferred to the United States. By visiting and actively engaging with this Website and the Platforms, you consent to any such transfer.

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As previously mentioned, this Website and the Platforms are intended for a US audience. However, we still take all necessary measures to be GDPR-compliant and use all reasonable efforts to ensure that our Third-Party Vendors are as well. But we cannot make any guarantees. When your information is shared with our Third-Party Vendors, we have no control over their actions and your information that is collected, transferred, saved and/or processed is done so in accordance with their own privacy policies, practices and in compliance with their local regulatory laws.

 

 

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SECURITY OF YOUR INFORMATION

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We take the security of your information very seriously and we use all commercially-reasonable means to protect this information.

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We have implemented appropriate internal security measures to prevent your Personal Information from being inadvertently lost, accessed or misused. Your Personal Information is only shared on a “need-to-know” basis, and only with the trusted parties listed in the above Section titled “How and When We Share Your Information with Third-Parties” or with our personal legal counsel, as explained above in the Paragraph 4 of the Section titled “Our Legal Basis for Using and Sharing Your Information.”

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That said, no method of transmission over the internet or electronic storage method is completely secure and we cannot guarantee that your Personal Information will be kept absolutely secure, especially when your information is transferred to, stored and processed by our Third-Party Vendors.

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To that end, we also have internal procedures in place to deal with any suspected data breaches and when we are legally required to do so, we will notify you of any such breach.

 

 

 

THIRD-PARTY SITES

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The Website may contain links to third-party web sites and service providers that are not owned or operated by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party web sites or services.

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While we do retain limited control over our Platforms, and the information you provide to us through those Platforms are governed by this Policy, your individual use of Facebook®, Instagram® and LinkedIn® is also covered by their own respective privacy policies.

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We recommend that you review these privacy policies before submitting your information.

 

 

 

CHANGES AND UPDATES TO THIS POLICY

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We may, from time to time decide, in our sole discretion, to revise and update this Policy. All changes will become effective immediately when they are posted.

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​Your continued use of the Website and the Platforms following the posting of changed Policy means that you accept and agree to the changes.

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You are expected to check this page from time to time so you are aware of any changes. If you are on our mailing list, we may e-mail you about any significant changes.

 

 

 

CONTACTING US

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If you have any questions or concerns about this Policy or would like to exercise any of your rights under this Policy, please contact us at info@smolyarlaw.com.

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You may also reach us by mail at:

Victoria Smolyar Law, P.C.

100 Church St., Suite 800

New York, NY 10007

 

 

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Effective Date: May 25, 2018

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PLEASE NOTE: This Privacy Policy was prepared specifically for us, you should NOT be copying this Policy for use on your own website. If you need a Privacy Policy for your own website, please click here for additional information, or just Contact Us.

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