WEBSITE PRIVACY POLICY

Ulmer & Berne LLP (“Ulmer” or “we”) values your privacy and is committed to protecting it.  It is important to read this Privacy Policy in its entirety, because by using or even visiting this website you agree to its terms as well as to any subsequent changes.  If you do not so agree, do not use this website.

The Information We Collect

Information You Provide to Ulmer.  We collect personal information that you provide to Ulmer.  “Personal information” is information relating to an identified or identifiable natural person, and may include that person’s name, physical address, phone number, e-mail address, and any other information that would allow someone to identify or contact that person.  You are not required to provide any information to Ulmer to use the Ulmer website.  However, not providing certain information may result in certain Ulmer website features not working, and in your not receiving Ulmer publications or missing invitations to Ulmer events.

Information We Collect Automatically When You Use the Ulmer Website.  When you access or use the Ulmer website, we may automatically collect information about you, including:

How and Why We Use Your Information

How We Use Your Information.  We use your information to:

How We Share Your Information.  We do not sell personal information and will not share your personal information with any third parties except as described in this Privacy Policy:

Why We Use Your Information.  We use your personal information only when we are legally allowed to do so and for the following lawful reasons:

Third Party Websites

Certain pages within the Ulmer website contain “hyperlinks” to third-party websites.  Please note that Ulmer is not responsible in any way for the privacy practices of other websites.  We suggest that you read the privacy policies of those third-party websites before using them.

Minors

We do not intend children under the age of 13 to use the website.  Further, we do not knowingly collect personal information from children under the age of 13.  If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed personal information to us, please contact us at the e-mail address, physical address, or phone number set forth in this Privacy Policy and Ulmer will delete such personal information.

California Residents

Each resident of California, thanks to section 1798.83 of the California Civil Code (the “Shine the Light” statute), may request, once per calendar year, from companies conducting business in California a list of all third parties to whom the company has disclosed certain personally identifiable information, as defined under California law, about that resident during the preceding year for third-party direct-marketing purposes.  In your request, please attest to your being a California resident and provide a current California address for our response.

If you are a California resident and under the age of 18, and a registered user of this website, section 22581 of the California Business and Professions Code (the California Consumer Privacy Act) permits you to request the deletion of personal information that companies have collected about you, and the removal of content that you have publicly posted, although certain exceptions may apply, such as the exception for business-to-business transactions.  Please note that your request will not ensure a complete removal of the content and that in some cases the statute may not require or allow removal even if requested.

California law treats disclosures of personal information in exchange for valuable consideration as “sales”.  California law gives consumers who reside in California that right to opt out of such sales, except in the case of personal data subject to the business-to-business exception, and to opt out of financial incentive programs that we might offer.

The California Consumer Privacy Act provides that we may not discriminate against you for exercising your rights under that statute.  We may, however, provide a different level of service or charge a different amount if the difference is reasonably related to the value of your personal information.

To the extent that the California Consumer Privacy Act applies to you, you may have the following rights free of charge:

California residents with questions about our handling of their personal information should email us at info@ulmer.com and put “Your California Privacy Rights” in the subject field of the email, or include that phrase in your letter if you write to us.  Be sure to include your name, street address, city, state and zip code.

Notice about the European Union’s General Data Protection Regulation (“GDPR”)

You may have certain rights under the European Union’s GDPR 2016/679, for example, if you are a data subject in the European Union protected by the GDPR  These rights are in addition to the commitments we are making elsewhere in this policy to safeguard your privacy.  The GDPR is a complex regulatory scheme and we do not intend to provide every detail here.  If you are interested you should read the GDPR itself and the relevant guidance provided by the applicable authorities for a fuller explanation.  The GDPR applies to businesses that market their products and services to people in the EU or monitor the behavior of people in the EU.  We wish to assure visitors to our website that we have put in place processes and procedures to comply with GDPR.

The GDPR steps up the standards for disclosures when obtaining consent.  Consent must be “freely given, specific, informed and unambiguous”.  The consent must be in “clear and plain” language that EU residents can pick out and distinguish from other matters.  If the GDPR applies to you, you must know exactly what you are consenting to when you consent and you must be informed in advanced of your right to withdraw that consent.

The GDPR builds in two new rights where applicable, namely, the “right to be forgotten” and the right to “data portability”.  More specifically, the GDPR provides the right, where applicable (a) to access your Personal Data (as defined in the GDPR), (b) to publication of your Personal Data, (c) to have your Personal Data rectified or erased, (d) to restrict the processing of your Personal Data, (e) to object to the processing of your Personal Data, (f) to data portability, meaning to obtain your Personal Data in a structured, commonly used and machine-readable format, so you can transmit it to another data controller(g) to complain to a supervisory authority, and (h) to withdraw your consent with respect to the processing of your Personal Data.  You do not have to give us reasons for exercising these rights.

Here are some further details about these rights:

You may object to our processing of your Personal Data for direct marketing purposes including profiling for direct marketing purposes.  If you notify us of such an objection, we shall stop processing your Personal Data for direct-marketing purposes.

You may object to our processing of your Personal Data for scientific or historical research or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for a task carried out in the public interest.

If the legal basis for our processing your Personal Data is consent or that the processing is necessary to perform a contract to which you are a party, or in order to take steps at your request before entering into a contract, and such processing is carried out by automatic means, you have the right to receive your Personal Data from us in a structured, commonly used, and machine-readable format.  But this right does not apply when its application will affect the rights and freedoms of others adversely.

If you believe that our processing of your Personal Data infringes any data-protection statute, rule or regulation, you may lodge a complaint with the appropriate authorities responsible for data protection.  If applicable, you may lodge that complaint in the European Union member state of your habitual residence, your workplace, or the place of the alleged infringement.

To the extent that we base our processing of your Personal Data on your consent, you may withdraw that consent at any time.  But your withdrawal of that consent will not affect the lawfulness of any processing we do before your withdrawal.

If you are an employee or former employee of, or an applicant for a job at, Ulmer or an affiliate of Ulmer and reside in the EU, please note that we have separate notices in line with applicable EU law, which inform you about the processing of your Personal Data and your rights.

If applicable, you may exercise any of your rights in relation to your Personal Data by emailing Ulmer at info@ulmer.com.

Safeguards

Ulmer protects your personal information with reasonable and appropriate information security safeguards.

Accessing Your Personal Information Once Given

You and your authorized agent have the right to review, amend, or ask us to delete personal information you have provided to Ulmer by contacting Ulmer at the e-mail address, physical address, or phone number set forth in this Privacy Policy.

Also, should you wish to restrict the types of promotional materials you receive from Ulmer or opt-out of receiving promotional materials altogether from Ulmer, you may contact Ulmer at the e-mail address, physical address, or phone number set forth in this Privacy Policy.

We will not discriminate against you or anyone else unlawfully, for exercising any of these privacy rights, although deleting personal information and opting out of receiving certain promotional materials may prevent us from providing you content or invitations.

Retention of Personal Information

Ulmer keeps data pursuant to its internal policies and procedures, for lengths of time that can vary based on a variety of factors.

Where We Maintain Personal Information

We maintain the personal information within the United States.

Changes to This Policy

Please note this Privacy Policy is subject to change from time to time.  We will notify you of material changes to this Privacy Policy by either sending you an e-mail or by posting such changes on this page of the Ulmer website.  The effective date of each version of the Privacy Policy will be included in this Privacy Policy.  Prior versions of this Privacy Policy will be kept in an archive for you to view for a reasonable period of time.

Accountability and Compliance

You may address any question or complaints regarding how Ulmer complies with this Privacy Policy to the e-mail address or phone number set forth in this Privacy Policy.

You may have the right to lodge a complaint with your local data protection authority about how we have processed your personal information, although we encourage you to contact us first using the e-mail address, physical address, or phone number set forth in this Privacy Policy so that we may try to address your concerns.

Contact Information

If you want to contact Ulmer about anything related to this Privacy Policy, please:

Effective Date: January 2021