TERMS OF USE AND PRIVACY POLICIES

Last Revised: March 3, 2022

Your use of this website (the “Site”) is subject to the following Terms of Use and Policies. Please read them carefully, as they may have changed since your last visit. Your use of this Site indicates your acceptance of these terms. IF YOU DO NOT AGREE WITH THESE TERMS OF USE AND POLICIES, DO NOT ACCESS OR USE THE SITE. Frankel PLLC (the “Firm”) reserves the right to modify, add, or remove any portion of these Terms of Use and Policies at any time and in its sole discretion.  The Firm will provide notice of any changes by posting a notice on the Site and/or updating the “Last Updated” date above. Your continued use of the Site following the posting of changes will confirm your acceptance of such changes.

1. No Legal Advice; Attorney Advertising Statement

This Site is for general informational purposes only. The Site is intended only to permit you to learn more about the services the Firm offers to clients and the expertise of our attorneys.

This Site does not convey legal, accounting, or other professional advice of any kind. Your use of this Site does not create an attorney-client relationship between you and the Firm, nor will any information you submit to us via this Site or by electronic mail be considered a lawyer-client communication or otherwise be treated as confidential or privileged in the absence of a pre-existing express agreement by us to the contrary.  You are not a client of the Firm until and unless the Firm clears conflicts, sends you a written engagement letter accepting and outlining the terms of the representation, and receives your countersignature accepting those terms. 

The content of this Site is offered on a blind basis, without any knowledge as to your industry, identity, or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may be delays, omissions, or inaccuracies in information contained on this Site. The content of this Site should not be relied upon or used as a substitute for consultation with professional advisors.

The Firm disclaims all liability relating to actions taken or not taken based on the information provided on the Site. The Firm is not responsible for and does not necessarily endorse any third-party content accessible through our Site.

The content of this Site may constitute attorney advertising under the laws and rules of professional conduct of the jurisdictions in which we practice. Prior results do not guarantee a similar outcome.

Frankel PLLC is a Washington, DC professional corporation.

2. Intellectual Property Ownership and Limited License

This Site and all the material it contains, or may in the future contain, including, but not limited to, articles, memoranda, bulletins, reports, press releases, opinions, text, directories, guides, charts, illustrations, trademarks, trade names, service marks, and logos (as well as the selection, arrangement, and presentation thereof) are owned by the Firm and protected under both U.S. and foreign laws. Except as explicitly stated in these Terms, all rights in the Site and its content are reserved by the Firm.

Subject to your compliance with these Terms, you are granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Site for non-commercial purposes and to download and print materials from the Site for the purpose of viewing, reading, and retaining such materials for reference. Any other access, use, copying, distribution, retransmission, or modification of the Site or its content, without the Firm’s prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights.

3. Privacy Policies

These Policies explain how the Firm collects, uses, shares, and otherwise processes your personal data collected on the Site.  The processing of personal data in connection with client relationships is addressed in the engagement agreements between the Firm and its clients.

The Firm may provide supplemental privacy notices on specific occasions when it is collecting or processing personal data about you. Those supplemental notices should be read together with these Privacy Policies.

a. Information we collect about you

You may choose to provide information directly to the Firm, through the Site or otherwise.  Such information may include, for example, contact details for news, publications and marketing communications, and events, or professional and personal information relevant to potential employment with the Firm.

The Firm automatically collects certain personal and non-personally identifiable information when you access or use the Site. The types of information collected may include:

  • Log Information: The Firm collects log information about your use of the Site, including your browser type and language, app version, access times, pages viewed, Internet Protocol (“IP”) address, approximate geographic location, and the webpage or online service you visited before navigating to the Site. 
  • Device Information: The Firm collects information about the mobile device you use to access the Site, which may include the hardware model, operating system and version, unique device identifiers, and mobile network information.
  • Location Information: In accordance with your device permissions, the Firm may collect information about the precise location of your device. You may stop the collection of precise location information at any time by changing the permissions on your device.
  • Information Collected by Cookies and Other Tracking Technologies:  The Firm and its service providers use various technologies to collect information about your use of the Site and other websites and applications, including cookies and web beacons (or pixel tags). Cookies are small data files stored on your hard drive or in device memory that help the Firm to, among other things, improve the Site and your experience, see which areas and features of the Site are popular and count visits. Web beacons (also known as “pixel tags” or “clear GIFs”) are electronic images that may be used on the Site or in the Firm’s emails; they help the Firm deliver cookies, count visits, understand usage and campaign effectiveness, and determine if an email has been opened and acted upon.

Your browser or device settings should give you the options to reject and/or delete cookies.  Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of the Site.

b. How and why we use your information

The Firm may use your personal data for the following purposes:

  • To inform you about the Firm’s services, new legal and policy developments, and the Firm’s marketing events.
  • To evaluate you as a candidate for employment with the Firm.
  • For analysis to improve the Site and the Firm’s services, and for market research.
  • For other reasons, with your consent.

Please note that the Firm may use or disclose personal data if required by law to do so or if the Firm reasonably believes that use or disclosure is necessary to protect its rights and/or to comply with judicial or regulatory proceedings, a court order, or other legal process.

c. Sharing your information

We may share your information in the following circumstances: 

  • Service Providers:  The Firm may share your information with entities that provide services to the Firm, including companies that provide web analytics, advertising, email distribution, and other services.  These entities are limited in their ability to use your information for purposes other than providing services for the Firm.
  • Other Parties When Required by Law or As Necessary To Protect the Firm’s Services:  There may be instances when the Firm discloses your information to legal advisors and public authorities, such as court and law enforcement agencies.
  • Other Parties in Connection with a Transfer of Assets:  If the Firm sells or transfers assets, or is otherwise involved in a merger or transfer, it may transfer your information to one or more third parties as part of that transaction.
  • Other Parties with Your Consent:  In addition to the sharing described in this privacy policy, we may share information about you with other third parties when you consent to such sharing.

Although the Firm employs reasonable security measures, the transmission of information via the Internet is not completely secure or private. If you have any questions about the security of personal information the Firm collects, please email info@frankelpllc.com.

d. Third-party content, functionality, and services

Some of the content, functionality, and services on the Site may be provided by third parties that are not affiliated with the Firm.  For example, the Firm’s blog articles contain links enabling you to share them with others through Facebook, Twitter, and LinkedIn.  These third parties may collect or receive certain information about your use of the Site, including through the use of cookies, web beacons, and similar technologies.  These entities may collect this information over time and combined with information collected from different websites and online services.  The Firm is not responsible for the privacy practices of these entities.

e. Children’s information

The Site is not intended for children under the age of 18. The Firm does not target its Site or services to children under 18 or knowingly collect information from children under the age of 18.  If the Firm learns that it has collected personally identifiable information from a child under age 18, it will delete that information from its database.

f. Privacy rights of European visitors

Legal Grounds.  The Firm will process your personal data only (1) with your consent; (2) to perform a contract between you and the Firm; (3) to comply with a legal obligation; or (4) where the Firm has a legitimate interest to do so, balancing this interest against your interests and fundamental rights.  These legitimate interests are administrative functions within the Firm, marketing activities, and complying with your requests for information.

Access, Correction and Deletion.  If you reside in the EU, you may exercise your Personal Data rights under GDPR by emailing [email protected] with your request.  Specifically, you have the following rights subject to the exceptions allowed by law:

  • To access your information
  • To rectify or update your information
  • To erase your information, subject to our need to retain certain information for legal or other purposes
  • To receive a copy of your information
  • To object to or restrict its processing

Users residing in the European Economic Area have a right to lodge a complaint to the supervisory authority for data protection in their country.

g. Privacy and consumer rights of California residents

The California Consumer Privacy Act or “CCPA” affords consumers residing in California certain rights with respect to their personal information. If you are a California resident, this section applies to you.

  • Categories of Personal Information Collected: In the preceding 12 months, the Firm has collected the following categories of personal information: identifiers, professional and employment-related information, commercial information, internet and electronic network activity, inferences drawn about your preferences, and other categories of personal information that relate to or are reasonably capable of being associated with you. For examples of the data the Firm collects and their sources, please see Section 3.a above.
  • Business or Commercial Purpose for Collecting and Using Data: The Firm collects personal information for the business purposes described in Section 3.b above.
  • Categories of Personal Information Disclosed and Categories of Third-Party Recipients: In the preceding 12 months, the Firm has disclosed identifiers, commercial information, and internet and electronic network activity to the following categories of recipients: cloud service providers, consultants, data analytics providers, internet service providers, data storage providers, and operating systems and platforms.
  • Sale of Personal Information (as defined by the CCPA): The Firm does not sell your personal information.

Subject to certain limitations, you have the right to (1) request to know more about the categories and pieces of personal information we collect, use, and disclose, (2) request deletion of your personal information, (3) opt out of any “sales” of personal information that may be occurring, and (4) not be discriminated against for exercising these rights. You may make a request by calling (202) 293-6840 or emailing [email protected].

4. Further information

Should you have any questions about these Terms of Use and Privacy Policies or your personal data rights thereunder, please call (202) 293-6840 or email [email protected].