Terms of Service 1

PRIVACY AND SECURITY, TERMS AND CONDITIONS

1. Privacy Policy

As professionals engaged in the provision of legal services to clients, Prewitt Law, P.C. (the “Firm”), is committed to protecting the privacy of confidential and personal information, including personal data relating to individuals who may be clients, staff, agents, lawyers, job applicants, or others inside or outside the Firm. The policy of the Firm is to comply with the rules of professional conduct which impose a duty to preserve and protect confidential client information upon lawyers and their associated personnel.

This Privacy Statement is intended to summarize the Firm’s data protection practices generally, and to advise its clients, , job applicants, website visitors, and other third parties about the Firm’s privacy policies that may be applicable to them.

This Privacy Statement is specifically addressed to parties outside the Firm who: (1) provide personal information, including but not limited to information that identifies you as an individual or relates to an identifiable person, such as name, postal address, telephone number, email address, etc. (“Personal Information”) to the Firm; or (2) who visit or use the Firm’s website at www.prewittlawfirm.com (“Website”).

Our Collection of Personal Information

The Firm only collects Personal Information that is voluntarily provided. Any Personal Information that we collect is provided to us by you, or by a third-party who you have authorized to provide us with your Personal Information.

Providing Personal Information about Others

If you provide the Firm with Personal Information about third parties, you warrant to the Firm that any Personal Information that you provide to the Firm about any third parties was obtained by you with full consent, and that the individual has not communicated to you that they wish to opt out of receiving communication from the Firm or having the Firm collect information about him or her.

Website Hosting

The Website is hosted and operated in the United States (“U.S.”). By using the Website, you acknowledge that any Personal Information about you, regardless of whether provided by you or obtained from a third party, is being provided to the Firm in the U.S. and will be hosted in the U.S.

Use and Disclosure of Personal Information

If you do provide Personal Information to the Firm, the Firm may use that Personal Information to:

Provide you with legal services, if you are or become a client of the Firm, and/or respond to any requests or inquiries you may have;
Invite you to seminars, panel events, conferences and other business engagements;
Contact you (unless you tell us that you prefer us not to) regarding legal or law firm developments that may be of interest to you;
Carry out, monitor and analyze our business or Website operations;
Collect anonymous traffic data and geographic location, derived from your IP address, and perform web analytics by using software and cookies;
Enter into or carry out contracts of various kinds; and
Comply with any applicable laws or regulations.

We do not disclose any Personal Information to unrelated parties outside of the Firm, except to our agents or data processors or other contractors acting on our behalf and at our direction, subject to appropriate confidentiality, privacy and information security commitments provided by the receiving party; where we believe it necessary to provide a service which you have requested; as permitted or required by law; or as otherwise authorized or directed by you.

We reserve the right to disclose Personal Information that we believe to be necessary or appropriate in the following circumstances:

As required by law, such as to comply with a subpoena, or similar legal process;
When we believe in good faith that disclosure is necessary to protect the Firm’s rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
To enforce the Firm’s Terms of Service, Legal Agreement, Master Services Agreement, or other contract, to the extent any is applicable; and
To allow the Firm to pursue available remedies or limit the damage it may sustain.

Confidentiality of Client Information

Consistent with its professional obligations, the Firm’s policy is to exercise the utmost discretion regarding the information our clients entrust to us. The Firm accepts and processes client information in a manner that is always subject to the client’s direction and control, and the Firm maintains reasonable and appropriate, although not infallible, security precautions. It never purposefully trades, sells or shares your information with any unrelated parties except as necessary or appropriate to conduct the Firm’s legal and business activities; subject to appropriate confidentiality, privacy and information security commitments provided by the receiving party; to further your interests; or as permitted or required by law, or as authorized or directed by you. Please feel free to raise any questions, concerns or specific directions you may have regarding the privacy and security of your information to the attorney who is handling your matter or to info@prewittlawfirm.com.

Client Credit Card Information

If you are a client of the Firm, you may pay via wire, cash, check or credit card. If you opt to pay via credit card, the Firm may direct you to the website of our third party payment processor, Affinipay LLC dba LawPay (“LawPay”), to process your payment. By agreeing to process your payment vis a vis our third-party payment processor, LawPay, you expressly agree to its privacy policy, which may be found here. You may contact LawPay directly regarding any questions or concerns you have about your Personal Information submitted through their website by submitting written correspondence to LawPay on its Contact Us page here.

Legitimate Business Interest under the GDPR

The processing of Personal Information shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the Firm. European Union (EU) data subjects are informed, by means of this Privacy Policy, of the rights to which they are entitled.

Specifically for EU data subjects visiting our Website, we collect your Personal Information in furtherance of our legitimate interest to carry out our business in favor of the well-being of the Firm. Our use of your Personal Information is based on the legitimate grounds that:

The use is necessary in order to fulfill our commitments to you under our Terms of Service or applicable client fee agreements;
The use is necessary for compliance with a legal obligation;
The use is necessary in order to protect your vital interests or those of another person or entity;
We have a legitimate interest in using your information – for example, to provide and update our Website or Services, to improve our Website or Services so that we can offer you an even better user experience, to safeguard our Website or Services, to communicate with you, to measure, gauge, and improve the effectiveness of our advertising, and better understand user retention and attrition, to monitor and prevent any problems with our Services, and to personalize your experience; and/or
You have given us your consent.

Your Privacy Rights under the GDPR

The GDPR includes the following rights for EU data subjects who provide their information to the Firm in connection with our provision of legal services or when visiting our Website:

The right to be informed about how we store, use, or share your data;
The right to access your data;
The right to rectify your data;
The right to have us erase your data;
The right to prevent us from processing your data;
The right to request copies of your data from us in a commonly-used and machine-readable format, free of charge, for the purposes of transfer to a third party, where technically feasible;
The right to object to use or sharing of your data; and
The right not to be subject to automated decision-making, including profiling.

If you have any questions about these rights, you may contact us at info@prewittlawfirm.com

Data Controller

With the exception of processing payments, for which LawPay is the Payment Data Controller; the Firm is the “data controller,” as defined under the GDPR, or the legal entity which determines the purposes and means of the processing of personal data of the clients of the Firm and visitors to its Website. The Firm is responsible for collecting your consent, managing consent-revoking, enabling right to access, etc. If you wish to revoke consent for us to store, use, or share your personal data, you may contact us at info@prewittlawfirm.com.

Data Processor. The Firm is the “data processor,” as defined under the GDPR, or the legal entity which processes your personal data. The Firm maintains records of any processing activities it performs, and is able to show how the Firm complies with data protection principles under the GDPR. It has effective policies and procedures in place.

Cookies

A cookie is a text file sent by a web server and placed on your computer by your web browser. The Firm’s extranet sites use cookies to track logins and to filter data that a logged-in user has access to. This cookie also identifies users that have changed their initially-assigned default password. The Firm uses this information to help customize the user’s experience on the site, to provide security, and for the other purposes specified herein.

You may reset your browser to refuse all cookies or to allow your browser to alert you when a cookie is set. However, if you select these settings you may be unable to access certain parts of the Website. Unless you have adjusted your browser settings so that it will refuse cookies, our system will issue cookies when you log on to the Website. For more information about how to manage your cookies preferences, you should use the ‘help’ menu of your web browser or explore the customer support sections of your web browser.

To opt-out of certain advertising cookies, you may wish to visit the Network Advertising Initiative (NAI) website by clicking here.

Social Media Features and Widgets

The Website includes social media features such as the Facebook “Like” button, and widgets, such as the Twitter “Share This” button that run on our Website. These features may collect your IP address, which page you are visiting on our Website, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the company providing it. More information about Facebook and Twitter integration on our Firm’s Website is below.

Facebook Integration

On this Website, the Firm has integrated components of the enterprise, Facebook.

Facebook is a social network. A social network is a place for social meetings on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos, and network through friend requests.

The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside of the United States or Canada, the controller is the Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

With each call-up to one of the individual pages of this Internet website, which is operated by the controller and into which a Facebook component (Facebook plug-ins) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download display of the corresponding Facebook component from Facebook through the Facebook component. An overview of all the Facebook Plug-ins may be accessed here. During the course of this technical procedure, Facebook is made aware of what specific sub-site of our website was visited by the data subject.

If the data subject is logged in at the same time on Facebook, Facebook detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-site of our Internet page was visited by the data subject. This information is collected through the Facebook component and associated with the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated into our Website, e.g. the “Like” button, or if the data subject submits a comment, then Facebook matches this information with the personal Facebook user account of the data subject and stores the personal data.

Facebook always receives, through the Facebook component, information about a visit to our website by the data subject, whenever the data subject is logged in at the same time on Facebook during the time of the call-up to our website. This occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, then he or she may prevent this by logging off from their Facebook account before a call-up to our website is made.

The data protection guideline published by Facebook, which is available here, provides information about the collection, processing and use of personal data by Facebook. In addition, it is explained there what setting options Facebook offers to protect the privacy of the data subject. In addition, different configuration options are made available to allow the elimination of data transmission to Facebook, e.g. the Facebook blocker of the provider Webgraph, which may be obtained here. These applications may be used by the data subject to eliminate a data transmission to Facebook.

More information regarding how Facebook complies with the GDPR is located here.

Links to Other Websites

This Privacy Policy applies only to this Website and not to any third-party sites. However, we may include links to other websites on this Website. This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties or their websites. The inclusion of a link on this Website does not imply endorsement of the linked site or its services by the Firm.

Do Not Track Signals

“Do Not Track” signals are options available on your browser to tell operators of websites that you do not wish to have your online activity tracked. The Firm’s Website may not respond to “Do Not Track” signals or other mechanisms from a visitor’s browser. If, in the future, the Firm creates a program or protocol to respond to a web browser’s “Do Not Track” signals, the Firm will inform you of the details of that protocol in this Privacy Policy. You can find out more about “Do Not Track” here.

Children

The Firm does not knowingly collect, maintain or process Personal Information submitted online by anyone under the age of 18. If you are under 18, please do not attempt to send any Personal Data about yourself to us. If we learn that we have collected Personal Data from a child under age 18, we will delete that information as quickly as possible. If you believe that a child under 18 may have provided us Personal Data, please contact us at info@prewittlawfirm.com.

Security

The Firm maintains reasonable and appropriate physical, electronic and procedural safeguards intended to maintain the confidentiality of Personal Information provided by a visitor to this Website. The Firm does not guarantee that these safeguards will always work or that its security measures are infallible.

Breach

The Firm has internal policies and procedures in place to effectively detect, report, and investigate a data breach. The GDPR defines a personal data breach as “a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data.” The Firm will notify you of a personal data breach where the personal data breaches are likely to present a risk to data subjects to data protection authorities (“DPAs”) without undue delay, and within 72 hours if feasible, after becoming aware of the breach; and communicate high-risk breaches to affected data subjects without undue delay. The Firm will provide you with: (i) contact details of the Data Protection Officer (DPO) or other contact person, (ii) a description of the nature of the breach, (iii) likely consequences of the breach, (iv) measures the organization has taken or proposes to take to address the breach, and (v) advice on steps that EU data subjects can take to protect themselves.

Data Protection Officer

The Firm is not formally required to designate a Data Protection Officer (“DPO”) because it is not: (1) a public authority; (2) an organization that carries out regular and systematic monitoring of individuals on a large scale; or (3) an organization that carries out large scale processing of special categories of data, such as health information or information about criminal convictions. Nonetheless, the Firm voluntarily elects to appoint Sophie M. Alcorn as the DPO for this Firm. Ms. Alcorn is responsible for data protection compliance and can answer any questions you may have about your Personal Information. She may be reached at info@alcorn.law.

Data Retention/Erasure

We will retain your Personal Information for a period of four (4) years. If, at any time after agreeing to this Privacy Policy, you: (1) change your mind about receiving information from us; (2) wish to revoke permission for us to retain and use your Personal Information; (3) wish to object to processing of your Personal Information; or (4) wish for us to erase a copy of your data, please make a request to the Firm at info@prewittlawfirm.com. If you request erasure of your data, we may retain some of your Personal Information only for legitimate business interests, such as fraud detection, prevention, and enhancing the safety of our Website; and to comply with our legal obligations, specifically our tax, legal reporting, and auditing obligations.

Our Response to Your Requests

If you make any requests regarding your Personal Information, we will not charge you for compliance with the request. The Firm will respond and comply within one month. The Firm reserves the right to refuse or charge for requests that are manifestly unfounded or excessive. If we refuse your request, we will tell you why we are refusing your request. You have the right to complain to the relevant supervisory authority and to a judicial remedy, but you must do so within one month of our refusal.

Complaints. Without prejudice to any other administrative or judicial remedy, every EU data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement of the data subject considers that the processing of personal data relating to him or her infringes this Regulation.

Data Protection Impact Assessment (DPIA)

Please Note: The Firm is not required to undergo a DPIA because data processing is not likely to result in a high risk to data subjects, such as in cases where: (1) new technology is being deployed; (2) profiling operations may significantly affect individuals; or (3) processing is on a large scale and involves special categories of data.

Consultants, Suppliers and Vendors

In order to support its provision of legal services to its clients, from time to time, the Firm may maintain business information about prospective or ongoing consultants, suppliers, and vendors. The Firm uses this information for internal purposes and does not share this data with unrelated third parties. The Firm requires consultants, suppliers, and vendors to maintain data protections consistent with reasonable and appropriate obligations of data processors. Any prospective consultants, suppliers, or vendors with questions about our policies and expectations should contact info@prewittlawfirm.com

Changes

The Firm reserves the right to change this Privacy Statement at any time without advance notice. Should any new policy go into effect, the Firm will post it on this Website. The Firm encourages visitors to frequently check this page for any changes to its Privacy Policy.

Contact Us

If you change your mind about receiving information from us or have any questions or concerns about the use of information volunteered by you, please send us a request specifying your new choice. Please contact us at info@prewittlawfirm.com.

Additionally, you may reach us by postal mail at:

Prewitt Law, PC

1140 6th Ave, Floor 9

New York, NY 10036

(646) 842-1220

2. Terms of use

The Prewittlawfirm.com website (the “Website”) is provided as a service to clients, colleagues, and others for general information only. This information is not designed to provide legal or other advice or create a lawyer-client relationship with Prewitt Law, P.C. (collectively, the “Firm”). You should not take, or refrain from taking, action based on its content. Please do not send The Firm any confidential information until a formal retainer agreement has been signed. Unsolicited emails from non-clients do not establish a lawyer-client relationship, may not be privileged, and may be disclosed to others. Prior results and case studies do not guarantee a similar outcome in future representation.

This Terms of Use Agreement (the “Terms of Use” or “Agreement”) describes the terms and conditions applicable to your access and use of the Website. You accept this Agreement by using the Website or accessing any content available through the Website, including without limitation our RSS feeds (collectively, the “Content”). The Firm may revise this Agreement at any time by posting the revised Terms of Use on the Website, and you agree that your use of the Website after such changes will constitute your acceptance of such changes. Changes to this Agreement will not be applied retroactively.

Changes. The Firm may make changes to the Website and the Content and/or the services described on the Website at any time.
Proprietary Rights. The Website and the Content are the sole and exclusive property of the Firm and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose, any portion of the Website or the Content unless expressly authorized by the Firm in writing. You hereby acknowledge and agree that, as between the Firm and you, all right, title, and interest in and to the Website and the Content shall be owned exclusively by the Firm. Use of the Website or the Content in any way not expressly permitted by this Agreement is prohibited.
Permitted Uses. So long as you agree and comply with the terms of this Agreement, and unless this Agreement is otherwise terminated by the Firm, the Firm invites you to view and/or print a single copy of the Website and the Content. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Website or in the Content. Special terms may apply to some services offered on the Website and may be posted in connection with the applicable service, feature or activity. Any such terms are in addition to this Agreement and, in the event of a conflict, shall prevail.
Additional Restrictions. You agree not to access the Website by any means other than through a standard web browser on a computer or mobile device. You further agree that you will not damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of it.
About The Information On This Site. The Content available on the Website is intended to be a general information resource and is provided solely on an “AS IS” and “AS AVAILABLE” basis. You are encouraged to confirm the information contained herein. You should not construe the Firm’s publication of the Website as a warranty or guarantee of the quality or availability of any services. Any Content will reflect only New York and/or United States legal principles (except where expressly stated otherwise).
Links to Other Sites. The Website may contain links to websites operated by other parties. The Firm provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of the Firm, and the Firm is not responsible for the content available on the other sites. Such links do not imply the Firm’s endorsement of information or material on any other site, and the Firm disclaims all liability with regard to your access to and use of such linked Websites.
Links to prewittlawfirm.com. Unless otherwise set forth in a written agreement between you and the Firm, if you choose to link to our Website, you must adhere to the Firm’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the Firm’s name and trademarks; (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with the Firm; (iii) when selected by a user, the link must display the Website on full-screen and not within a “frame” on the linking Website; and (iv) the Firm reserves the right to revoke its consent to the link at any time and in its sole discretion.
Trademarks. Unauthorized use of any the Firm trademark, service mark or logo are prohibited, and may be a violation of federal and state trademark laws.
Disclaimers and Limitation Of Liability.
1. THE WEBSITE AND ALL CONTENT ON THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE FIRM MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.
2. THE FIRM MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FIRM DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, THE CONTENT, OR THE GOODS OFFERED OR SOLD THROUGH THE WEBSITE, EVEN IF THE FIRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions And Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Indemnity. You agree to indemnify, defend and hold the Firm, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of your use of the Website and/or breach of this Agreement.
Copyright. The Website is protected by copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Website, or individual sections of the content, design or layout of the Website, without the Firm’s express prior written permission.
Choice of Law; Arbitration; Attorney’s Fees and Costs.
Miscellaneous Provisions.
You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of the Firm, and any assignment or transfer in violation of this provision shall be null and void.
The Firm reserves the right to seek all remedies available at law and in equity for violations of this Agreement and/or the rules and regulations set forth on the Website, including without limitation the right to block access from a particular internet address.

Please note that Prewitt Law, P.C. retains the right not to respond to your inquiry and bears no liability for any consequences this has on you or the outcome of your potential case.

Contact Us

If you have any questions or concerns regarding these Terms & Conditions or your dealings with our website, please email info@prewittlawfirm.com. Additionally, you may reach us by postal mail at:

Prewitt Law, PC

1140 6th Ave, Floor 9

New York, NY 10036

(646) 842-1220

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, INCLUDING THE FIRM’S PRIVACY POLICY, AND AGREE THAT MY USE OF THE SERVICES IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THESE TERMS OF USE AND THE COMPANY’S PRIVACY POLICY INCORPORATED HEREIN.

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