Privacy Policy

Privacy Notice

Revised December 16, 2022

I. Personal Information We Collect and Use

For the purposes of this Notice, personal information is defined as any information relating to an identified or identifiable natural person.  We may collect personal information from you in the following manner:

  • When you contact us or send us information;
  • When you engage us to provide legal services;
  • In the course of providing legal or other services;
  • When you apply for a position;
  • When you visit our office(s); or
  • As a result of your relationship with any of our staff or our clients.

If you provide us personal information about another natural person, it is your responsibility to ensure that you have a legal basis to provide us with such information for the uses for which they are intended. Once that information is provided to us, we may collect and disclose such information as described in this Privacy Notice.

This website uses Google Analytics, a web analytics service provided by Google Inc., which uses “cookies” and similar technologies to analyze how users use domains. The information generated about domain usage (including your shortened IP address) is transmitted to Google. This information is used to evaluate visitors’ use of the domain, compile statistical reports, and provide other services related to the site and internet use. Google may also collect information about domain visitors’ use of other websites. For more information about Google Analytics, or to opt out, please go to: https://tools.google.com/dlpage/gaoptout.

II. How We Use Your Personal Information

We may use personal information supplied by you for legal and permissible purposes, including to:

  • Carry out our business;
  • Provide you with legal or other services;
  • Recruit employees;
  • Respond to any requests;
  • Send you marketing materials;
  • Fulfill our obligations and provide services to our clients and others;
  • Protect our systems, staff or clients from fraudulent or malicious activity;
  • Manage our business relationship with you or our vendors; and
  • Comply with any legal and regulatory obligations or requirements.

You have the right to ask us not to process your personal information for marketing purposes at any time by clicking on the appropriate “unsubscribe” link in any email you receive or emailing contact@kaplanhecker.com.

III. When and Where We Share Your Personal Information

We are based in New York and the District of Columbia and operate our firm within the United States of America.

IV. Who We May Share Your Personal Information With

We may share your personal information with others, including:

  • Third-party service providers to allow them to assist us in providing legal and other services, such as finance and accounting service providers, information technology services providers, legal services providers, technology providers including data storage service providers, printing and duplicating services providers, and records management providers;
  • Third-party providers for marketing purposes;
  • Law enforcement agencies, governmental authorities, or regulators where we are under a duty to disclose or share such information, or if we reasonably consider that this is necessary to help prevent or detect fraud or other crime or to protect the rights, property, or safety of Kaplan, Hecker & Fink, our clients, or others;
  • Other individuals or organizations involved in providing legal or other services, including experts, local counsel, and database and case management services;
  • Other third parties as required by law or other regulation; or
  • Other third parties with your consent.

We may share your information with certain Google Maps Platform APIs (e.g., Google Maps API, Places API). To find out more about Google’s Privacy Policy, please refer to this link.

V. How Long We Keep Your Personal Information

We will keep your personal information until such time as we no longer expect to need to use it for any legitimate purpose and in accordance with applicable laws. We take into account legal and regulatory requirements, statutes of limitations, and standards of practice.

VI. How We Protect the Security of Your Personal Information

We take reasonable measures to protect personal information from misuse, interference, and unauthorized loss or disclosure, including by retaining the services of third-party vendors who have procedures in place to protect personal information.  We have procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so and within the required reporting period.

Unfortunately, no data transmission or repository can be one hundred percent secure. As a result, while we will strive to protect your personal information, we cannot and do not guarantee or warrant the security of any of your personal information.

VII. Your Privacy Rights

You may have the right, under certain circumstances, and subject to applicable law, to know what personal information we have obtained, request a copy of the personal information about you which we hold, request a transfer of your personal information, object to the processing of your personal information, or request correction or erasure of such personal information. Please note that these rights may not be absolute. We also may need to request specific information from you to help us confirm your identity and ensure your right to access the information or to exercise any of your other rights. If you are a California resident, see the section titled CALIFORNIA RESIDENTS below that applies solely to visitors, users and others who reside in the State of California.

Please contact us at contact@kaplanhecker.com if you wish to exercise any of these rights, if you wish to request further information about any of the above rights, or if you are unhappy with how we have handled your personal information.

VIII. CALIFORNIA RESIDENTS

The California Code of Regulations defines a “resident” as:

(1) every individual who is in the State of California for other than a temporary or transitory purpose and

(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose

All other individuals are defined as “non-residents.”

If this definition of “resident” applies to you, certain rights and obligations regarding your personal information may apply.

California Civil Code Section 1798.83, also known as the "Shine The Light" law, where applicable, permits users who are California residents to request and obtain, once a year and free of charge, information about categories of personal information (if any) disclosed to third-parties for direct marketing purposes and the names and addresses of all third-parties with which personal information has been shared in the immediately preceding calendar year who are known to have used the personal information for direct marketing purposes. If you are a California resident and would like to make such a request, please submit your request to us in writing using the contact information provided below.

california consumer privacy act (“CCPA”) Privacy Notice

What categories of personal information do we collect?

We have collected the following categories of personal information in the past twelve (12) months:

Category Examples Collected

Category

Examples

Collected

A. Identifiers

Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name

YES

B. Personal information categories listed in the California Customer Records statute

Name, contact information, education, employment, employment history, and financial information

YES

C. Protected classification characteristics under California or federal law

Gender and date of birth

YES

D. Commercial information

Transaction information, purchase history, financial details, and payment information

YES

E. Biometric information

Fingerprints and voiceprints

NO

F. Internet or other similar network activity

Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements

YES

G. Geolocation data

Device location

YES

H. Audio, electronic, visual, thermal, olfactory, or similar information

Images and audio, video or call recordings created in connection with our business activities

YES

I. Professional or employment-related information

Business contact details in order to provide you our Services at a business level or job title, work history, and professional qualifications if you apply for a job with us

<YES

J. Education Information

Student records and directory information

YES

K. Inferences drawn from other personal information

Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics

YES

We may also collect other personal information outside of these categories when, for example, you interact with us in person, online, or by phone or mail in the context of:

  • Participation in events; and
  • Facilitation in the delivery of our Services and to respond to your inquiries.
How do we use and share your personal information?

More information about our data collection and sharing practices can be found in this privacy notice.

Will your information be shared with anyone else?

We may disclose your personal information to our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.

We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be “selling” your personal information.

Kaplan Hecker & Fink LLP has not sold any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. Kaplan Hecker & Fink LLP has disclosed the following categories of personal information to third parties for a business or commercial purpose in the preceding twelve (12) months:

  • Category A. Identifiers, such as contact details like your real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name.
  • Category B. Personal Information, as defined in the California Customer Records law, such as your name, contact information, education, employment, employment history, and financial information.
  • Category C. Characteristics of protected classifications under California or federal law, such as gender or date of birth.
  • Category D. Commercial information, such as transaction information, purchase history, financial details, and payment information.
  • Category F. Internet or other electronic network activity information, such as browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements.
  • Category H. Audio, electronic, visual, and similar information, such as images and audio, video, or call recordings created in connection with our business activities.
  • Category I. Professional or employment-related information, such as business contact details in order to provide you our Services at a business level or job title, work history, and professional qualifications if you apply for a job with us.
  • Category J. Education information, such as student records and directory information.

The categories of third parties to whom we disclosed personal information for a business or commercial purpose can be found under “Who We May Share Your Personal Information With.”

Your Rights with Respect to Your Personal Data
Right to request deletion of the data — Request to delete

You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law. Such exceptions include, but are not limited to, the need to exercise or defend legal claims; to comply with federal, state, or local law; to ensure security and integrity, to the extent the use of your personal information is reasonably necessary and proportionate for those purposes; to complete processing that may be required to protect against illegal activities; to comply with California evidentiary privileges; and others that can be found in the relevant statutes and regulations.

Right to be informed — Request to know

Depending on the circumstances, you may have a right to know:

  • Whether we collect and use your personal information;
  • The categories of personal information that we collect;
  • The purposes for which the collected personal information is used;
  • Whether we sell your personal information to third parties;
  • The categories of personal information that we sold or disclosed for a business purpose;
  • The categories of third parties to whom the personal information was sold or disclosed for a business purpose; and
  • The business or commercial purpose for collecting or selling personal information.

In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

We will not discriminate against you if you exercise your privacy rights.

Verification Process

Upon receiving your request, we will need to verify your identity to determine that you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g., phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.

We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

Other Privacy Rights
  • You may object to the processing of your personal information.
  • You may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the information.
  • You can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.
  • You may request to opt out from future selling of your personal information to third parties. Upon receiving an opt-out request, we will act upon the request as soon as possible, but no later than fifteen (15) days from the date of the request submission.

To exercise these rights, you can contact us by email at contact@kaplanhecker.com, or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.

IX. Changes to Our Privacy Notice

We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

X. How can you contact us about this Notice?

If you have questions or comments about this notice, including the section directed towards California residents, you may email us at contact@kaplanhecker.com or contact us by post at:

Kaplan Hecker & Fink LLP
350 Fifth Avenue
63rd Floor
New York, NY 10118
United States