Kramer & Frank, P.C. recognizes the importance of your privacy. K&F intends this policy to inform you about the information K&F collect from your visits to K&F’s website, K&F's payment site (KFPay.com), and K&F's social media accounts (collectively “K&F’s website”), how K&F uses that information, and with whom K&F may share the information.
Who We Are
K&F is a law firm based in the United States. Don Kramer & Maurice Frank formed it in 1975. K&F is a professional corporation organized under the laws of the State of Missouri for the practice of law. K&F has offices in St. Louis and Kansas City, Missouri. Its headquarters is located at 11960 Westline Industrial Drive, St. Louis, Missouri 63146.
Information We Collect from Website Visits
Information K&F obtains from your visits to K&F’s website can be broadly described as the personal information that visitors provide us and technical information that K&F collects using technology concerning those visits.
K&F may try to determine if you are a current or a former client of K&F from the information you provide. If you are a resident of the State of California, please see K&F’s Privacy Notice for California Residents for additional information concerning personal information under the California Consumer Privacy Act.
Consent and Withdrawing Your Consent
You are under no obligation to provide us with your personal information when visiting K&F’s website. Whether you provide any personal information is voluntary and is solely within your discretion. You will suffer no legal detriment if you decide not to provide any personal information. K&F may be unable to provide you with any services or information you request, however, if you decide not to provide us with some or all of the personal information via K&F’s website.
You can withdraw your consent at any time to K&F’s possession or processing of any of the personal information you provide us via K&F’s website. To do so, you can send an email to [email protected] or contact K&F’s Compliance Administrator as explained at the end of this Policy.
K&F collect certain types of technical information provided by the browser of the computer, tablet, or mobile device used when visiting K&F’s website, such as:
· Usage Details, IP Addresses, and Browser Information.
When you visit K&F’s website, K&F collect technical information such as the identity of your Internet Protocol (IP) address, your computer or device's operating system and browser type, geo-location data, and the pages of K&F’s website that you visit. Most browsers transmit this type of information to websites automatically. K&F will anonymize your IP address. K&F collect this information to administer and manage K&F’s website, to ensure that it functions properly and to review aggregate information.
You may be able to disallow Cookies by modifying the settings in your browser. To learn more about Cookies, and how to disallow or manage them go to: http://www.allaboutcookies.org/. If you choose not to accept Cookies, you may be unable to access certain parts or pages of K&F’s website.
How We Use or Process Your Information
K&F may process the information you provide and that K&F collects via K&F’s website to:
- Fulfill your requests or satisfy the reasons you provided us the information, including to process your requests, transactions, or payments, and to prevent transaction fraud.
- Respond to your inquiries, process your requests concerning your personal information in K&F’s possession, to investigate and address your concerns and to monitor and improve K&F’s responses.
- Help maintain the safety, security, and integrity of K&F’s website, products, services, databases, networks, and other technical assets and business.
- Deliver any requested products or services, or to provide you with customer support.
- Improve, develop, modify or support K&F’s website, products and services, to update and maintain client, subscription or email lists, and for other internal purposes.
- Respond to requests for information, respond to requests for proposals, or provide information about legal services that you request.
- Respond to lawful requests for information through court orders, subpoenas, warrants and other legal process, obligations, or governmental regulations.
- Protect the operations of K&F’s law firm, or the safety, security and privacy of K&F, K&F’s lawyers and staff, K&F’s clients, or third parties. This potentially includes sharing information with others for purposes of fraud protection, information security, and related matters.
K&F does not sell the personal information you provide us.
K&F will not share your personal information with third parties for marketing purposes.
K&F will not use your personal data for making any automated decisions affecting you or your legal rights or for creating profiles other than as described above.
With Whom We Will Share Your Information
K&F may share the information you provide us on a confidential basis with the following categories of third parties: contractors, vendors, or service providers that support K&F’s operations and K&F’s website, but only for those purposes. When K&F discloses any personal information for these purposes, K&F requires that the recipient keep the information confidential and not to use if for any other purpose.
K&F may also share your personal information with courts, law enforcement authorities, regulators, attorneys, or other parties when it is reasonably necessary for the establishment, exercise, or defense of a legal or equitable claim, or for purposes of alternative dispute resolution; to comply with a subpoena or court order, legal process, or other legal requirement, or when K&F believe in good faith that such disclosure is necessary to comply with the law, prevent imminent physical harm or material financial loss; to investigate, prevent or take action concerning illegal activities, suspected fraud, threats to K&F, any of its lawyers or K&F’s property; or as necessary in connection with an investigation of fraud, intellectual property infringement, piracy or other unlawful activity.
Links to Social Media and Third-Party Websites
K&F is not responsible for the privacy or security of any information you provide to a third-party website or the information practices used by any third-party site, including links to any third-party site from K&F’s website. K&F make no representations, express or implied, concerning the accuracy, privacy, safety, security, or the information practices of any third-party site. The inclusion of a link to a third-party site on K&F’s website does not constitute any type of endorsement of the linked site by K&F. K&F is not responsible for any loss or damage you may sustain resulting from your use of any third-party website or any information you share with a third-party website.
Updating, Correcting or Withdrawing Your Personal Information
It is important that the personal information K&F has about you is accurate. If any of the personal information you provide us should ever change, for instance if you change your email address or phone number, or should you wish to change your preferences, to stop receiving announcements from us, to correct any inaccurate personal information about you, or to delete any personal information that you provided through your visits to K&F’s website, please send an email to [email protected]. K&F is not responsible for any losses that could arise from any inaccurate, deficient, or incomplete personal information that you provide to K&F.
For security reasons, K&F may need to request specific information from you, to help us confirm your identity, before K&F can correct, update or delete any personal information you provide us.
K&F has implemented appropriate physical, administrative, technical, and organizational security measures, including encryption, to protect your personal information from inadvertent or unauthorized access, use, disclosure, alteration, or destruction. No method of data storage or data transmission over the Internet, however, is guaranteed to be completely secure. Your use of K&F’s website, and any personal information that you transmit over the Internet to K&F’s website, is at your own risk.
Notice to Minors
K&F's website is not directed to and is not intended to be visited by minors.
No visitor to K&F’s website who is a minor or under the age of 18 should provide any personal information to K&F. If you are a minor, do not visit K&F’s website, and do not send any type of personal information about yourself to K&F or K&F’s website.
Privacy Notice for California Residents
This Notice only applies to visitors and users of K&F’s website who are California residents (hereinafter “you” or “consumer”). This Notice does not apply to personal information collected from California-based job applicants, employees, owners, or contractors.
Information We Collect
The CCPA defines personal information as information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
Personal information under the CCPA, however, does not include:
- Deidentified or aggregated consumer information.
- Publicly available information from federal, state, or local government records.
Other information is excluded from the scope of the CCPA:
- Medical or health information covered by the Health Insurance and Portability and Accountability Act of 1966 (“HIPAA”) and the California Confidentiality of Medical Information Act (“CIMIA”).
- Personal information covered by the Gramm-Leach-Bliley Act (“GLBA”) or the California Financial Information Privacy Act (“FIPA”).
- Personal information covered by the Driver’s Privacy Protection Act of 1994.
- Personal information collected, processed, disclosed, or sold for use in a report or by the user of a report under the Fair Credit Reporting Act (“FCRA”).
The information immediately below identifies categories or examples of personal information covered by the CCPA, and identifies categories of information that K&F have collected from visitors to K&F’s website in the past twelve (12) months:
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.
Collected by K&F? YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code §1798.80(e)):
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy 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. Some personal information included in this category may overlap with other categories.
Collected by K&F? NO
C. Protected classification characteristics under California or federal law:
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
Collected by K&F? NO
D. Commercial information:
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Collected by K&F? NO
E. Biometric information:
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
Collected by K&F? NO
F. Internet or other similar network activity:
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
Collected by K&F? YES
G. Geolocation data:
Physical location or movements.
Collected by K&F? YES
H. Sensory data:
Audio, electronic, visual, thermal, olfactory, or similar information
Collected by K&F? NO
I. Professional or employment-related information:
Collected by K&F? NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)):
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
Collected by K&F? NO
K. Inferences drawn from other personal information:
Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Collected by K&F? NO
K&F’s Use and Sharing of Personal Information
Your CCPA Privacy Rights
The CCPA provides California residents with the right to request that K&F disclose:
- Categories of any personal information K&F collected about you.
- Specific pieces of personal information K&F collected about you.
- Categories of sources for any personal information K&F collected about you.
- K&F’s business or commercial purpose for collecting that personal information.
- Categories of any third parties with whom K&F shared your personal information.
- Categories of any personal information K&F disclosed about you for a business purpose.
- Your right to request that K&F delete any personal information about you that K&F collected fromyou, subject to certain exceptions outlined below.
- Your right not to receive discriminatory treatment for the exercise of your privacy rights conferred by CCPA.
By availing yourself to any of the rights afforded in this Privacy Notice, you are declaring that you are a California resident.
Requests to Delete Personal Information
You have the right to request that K&F delete any of your personal information collected from you. Once K&F receives and confirms your request, K&F will delete the information from K&F’s records unless an exception applies. The CCPA provides that K&F is not required to comply with a request to delete personal information if the information is necessary for K&F to:
- Comply with a legal obligation.
- Complete the transaction for which the information was collected, provide a good or service you requested, perform a contract with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or take actions reasonably anticipated in the context of K&F’s ongoing business relationship with you.
- Detect security incidents, protect against deceptive, malicious, fraudulent, or illegal activity, or prosecute those responsible for that activity.
- Debug products, services, or applications; to identify and repair errors that impair existing functionality.
- Exercise free speech, to ensure the rights of others to exercise their free speech rights, or to exercise another right provided by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code §1546 seq.).
- Enable solely internal uses that are reasonably aligned with consumer expectations based upon your relationship with K&F.
- Make other internal and lawful uses of the information that are compatible with the context in which you provided the information.
How to Exercise Your Privacy Rights
You can exercise these rights in several ways. You can make a request by calling 1-800-288-5437 toll free or by submitting a request via email to [email protected]. You can also send a request by mailing it to Kramer & Frank, P.C., 11960 Westline Industrial Drive, Suite 180, St. Louis, Missouri 63146, to the attention of K&F’s Chief Compliance Officer, David Weimer.
You may make the request on your own behalf or on behalf of your minor child. Another person who is legally authorized to act on your behalf may also submit a request for you. Please describe your request in sufficient detail to allow us to understand the nature of the request, evaluate, and respond to it. Please provide sufficient information with your request to allow us to verify that you are the person about whom K&F collected personal information, or that you are an authorized representative of that person.
K&F will promptly acknowledge receipt of your request and begin K&F’s verification process.
How We Will Verify and Respond
Before K&F responds to any request involving personal information, the CCPA requires that K&F confirm the identity of the person making the request, and if the request is made on behalf of another person, his or her authority to make the request on the other person’s behalf. K&F is not obligated to provide or to delete any information pursuant to your request if K&F is unable to verify your identity or the identity of the person making the request on your behalf adequately.
Accordingly, K&F reserves the right to deny any request where K&F is unable to confirm your identity satisfactorily. If you have authorized someone to make a request on your behalf, K&F reserves the right to deny the request if K&F is unable to verify the identity of that person adequately or if K&F is unable to verify that the individual making the request is authorized to act on your behalf.
K&F will attempt to verify your identity by matching any information provided in your request against the personal information already in K&F’s possession. If you have authorized someone to make a request on your behalf, K&F will attempt to verify the identity of that person. K&F will also seek to confirm that you have authorized that person to submit a request on your behalf, which may include requesting a copy of any written authorization or power of attorney for the request. This process does not require that you establish any type of account with K&F, or sign up to receive any of K&F’s publications or services, or attend any of K&F’s programs.
The amount of information K&F may require in K&F’s verification process will depend on a variety of factors, including the nature of your request, the type, sensitivity and value of the personal information in K&F’s possession, the potential risk of harm that could result from any unauthorized access to or deletion of your personal information, the likelihood that fraudulent or malicious actors would seek your information, and whether the information provided to us in your request is sufficient to protect against fraudulent requests or being fabricated or spoofed. For instance, K&F will require more points of confirmation if you request that K&F disclose specific pieces of information rather than categories of information in K&F’s possession. Concerning a request to delete information, once K&F confirms your identity, K&F will separately confirm that you want the information deleted.
During K&F’s verification process, K&F may request additional information from you. Any information provided to K&F during K&F’s verification process will be used only for purposes of verifying your identity or the identity and/or authority of the person making the request.
K&F will try to respond within forty-five (45) days of receipt of your request. If, however, K&F is unable to respond within that time, K&F will notify you of the reason and the additional time needed to make K&F’s response. The CCPA permits us to extend the time of K&F’s response by up to an additional 45 days.
If K&F denies a request in whole or in part, K&F will try to explain the reasons for K&F’s denial.
CCPA’s Limitations on Disclosures
K&F is not obligated under the CCPA to respond to any request where compliance or disclosure would violate an evidentiary privilege under California law, or conflict with federal or state law.
The CCPA does not require that K&F provide personal information to a consumer more than twice in a twelve-month period.
Any disclosures K&F makes will only cover the twelve (12) month period preceding the request.
K&F will not charge a fee to process or respond to your request and will provide information free of charge. Where a person’s requests are repetitive, manifestly unfounded or excessive, the CCPA authorizes K&F to either charge a reasonable fee that takes into account K&F’s administrative costs, or refuse to act on the request and notify the person making the request K&F’s reason for refusing the request. If K&F determines that a request warrants a fee, K&F will explain K&F’s decision and will try to provide you with a cost estimate.
Regulations proposed by the California Attorney General prohibit us from disclosing specific pieces of personal information if the disclosure creates a substantial, articulable, and unreasonable risk to the security of that information or the security of K&F’s systems or networks. These proposed regulations further prohibit us from disclosing a Social Security number, driver’s license number, other government issued identification number, financial account number, any health insurance or medical identification number, an account password or security questions and answers in response to a consumer’s request.
K&F will not discriminate against you for exercising any of your CCPA rights. This means, for instance, that K&F will not deny you services, charge you a different price, including a discount or other benefit, or impose a penalty for the exercise of your CCPA rights.
Other California Privacy Rights
The California Civil Code permits California Residents with whom K&F has an established business relationship to request that K&F provide them with a list of certain categories of personal information that K&F has disclosed to third parties for their direct marketing purposes during the preceding calendar year. To make such a request, please send an email to K&F's Chief Compliance Officer, David Weimer, at [email protected] or write him at: Kramer & Frank, P.C., 11960 Westline Industrial Drive, Suite 180, St. Louis, Missouri 63146, to the attention of K&F’s Chief Compliance Officer, David Weimer. Please mention that you are making a "California Shine the Light" inquiry.
Visitors from Outside the United States
If you are visiting K&F’s website from outside the United States ("U.S."), any information you voluntarily provide via K&F’s website and any technical information from the browser of your computer, tablet or mobile device will be transferred out of your country and into the U.S. where K&F’s law firm is located. The laws and protections available to the privacy of your personal information in the U.S. may significantly differ from the protections available in your country. Personal data transferred to the U.S. may be subject to lawful access requests by state and federal authorities in the U.S. If you do not want any personal information to be transferred to the U.S., please do not provide that information to K&F via K&F’s website.
Visitors from the European Union
On May 25, 2018, the General Data Protection Regulation ("GDPR") went into effect in the European Union ("EU"). The GDPR extends certain rights to natural persons involving the privacy of their personal information.
K&F is the data controller for any personal information provided via K&F’s website. K&F does not have a data protection officer in the EU. Any information that you provide to us will be stored in the United States; K&F does not intend to transfer your personal data to another country or international organization.
K&F will retain any personal information that you provide via K&F’s website for seven (7) years from the date you provided or last updated that information, unless you request that information be deleted at an earlier date. If that information is subject to a litigation hold, or is required to assert or defend a legal claim, then K&F will hold that information until the claim or action is finally resolved.
The GDPR grants individuals the following rights:
Right of Access
You have the right to ask what personal information K&F has about you in K&F’s possession. You have the right to obtain a copy of your personal data free of charge so long as it does not adversely affect the rights of others. K&F may charge a reasonable fee based on administrative costs for additional copies. The right of access includes the right to request that K&F update, correct, or complete your personal information in K&F’s possession.
Right of Erasure
You have a right to request that data be deleted or erased when it is no longer needed for the purposes for which it was collected or processed, when you withdraw your consent, when data is unlawfully processed, to comply with a legal obligation of the EU or a Member State, or when you object to the processing and K&F is unable to demonstrate compelling, legitimate grounds for the processing that override your rights, freedoms, or interests. Personal data does not have to be erased when and to the extent it is necessary "for the establishment, exercise, or defense of legal claims."
Right to Restrict Processing
You have a right to restrict the processing of your personal data when you contest the accuracy of the personal data in K&F’s possession until K&F is able to verify its accuracy, if the processing is unlawful and you oppose its erasure and request restriction instead.
Right to Data Portability
The right to data portability is triggered when processing activity was based on your consent, or was necessary for the performance of a contract, and the processing was carried out by automated means. This right, however, shall not adversely affect the rights of others.
Automated Decision Making
You have the right not to be subjected to decision-making based solely on automated processing or profiling that either significantly affects you or results in some sort of legal effect. This right does not apply to decisions that are necessary for entering into or performing a contract with you or are based on your explicit consent.
Right to Object to Processing
You have the right to object to processing when it is based on a "legitimate interest" of the controller or a third party, or to processing that occurs for direct marketing purposes.
Withdrawing Your Consent
You have the right to withdraw your consent at any time by sending an email to [email protected], or by contacting K&F's Chief Compliance Officer as explained at the end of this policy.
Right to Complain
You also have the right to lodge a complaint with the supervisory authority about K&F’s data privacy practices where you reside.
How to Exercise These Rights
You can exercise these rights by sending an email to [email protected].
K&F will review any requests K&F receives and will try to respond in a timely manner. For security reasons, K&F may request specific information from you to help K&F confirm your identity before taking action on any request, and to ensure your right of access and the exercise any of GDPR right does not adversely affect the rights of others.
K&F reserves the right to refuse to act on a request, or to charge a reasonable administrative fee, when a request is either manifestly unfounded or excessive because of its repetitive character.
No Legal Advice or Attorney-Client Relationship Intended
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