Last updated November 2018
Kharatian Law, APC (“Kharatian Law) is sensitive to privacy issues, and it is important to us to protect the information you provide. Accordingly, Kharatian Law provides this privacy and information practices policy (“Privacy Statement”) to inform you about the kinds of information we may collect, how we intend to use and share that information, and how you can correct or change such information.
This Privacy Statement is incorporated into our Terms and Conditions. All capitalized terms not defined herein are defined in those Terms and Conditions.
1.2 SCOPE AND PRIVACY SHIELD CERTIFICATION
This Privacy Statement describes the ways Kharatian Law manages Personal Information it receives: (i) in the course of its operations involving current, prospective and former clients, (collectively, “Clients”); (ii) from visitors and guests (“Visitors”); and (iii) in the course of interactions with its current, prospective and former suppliers, vendors, subcontractors and business partners (collectively, “Suppliers”), including in each such case on Kharatian Law’ website located at www.yarianlaw.com (together with any and all future websites operated by or on behalf of Kharatian Law, the “Sites”). All individuals who Process Personal Information on behalf of Kharatian Law are expected to protect those data by adherence to this Privacy Statement.
For the avoidance of doubt, Kharatian Law will take steps designed to comply with all applicable local laws when Processing Personal Information, including any local law conditions for and restrictions on the transfer of Personal Information.
2.1 TRANSPARENCY/NOTICE – WHAT PERSONAL INFORMATION WE COLLECT AND HOW WE USE IT
The types of Personal Information we may collect (directly from you or from Third Parties) depend on the nature of the relationship you have with Kharatian Law and the requirements of applicable law. We endeavor to collect only information relevant for the purposes of Processing. Below are the legal bases and some of the ways we collect information and how we use it.
The data Kharatian Law collects from or on behalf of its Clients include information such as title, name, address, phone number, email address, business or company affiliation, username and answer to a security question and password (if you have access to any of our secure online resources), government identification (driver’s license, passport), credit card and other financial information related to payments for services or goods, agreements executed with Kharatian Law and other details Clients may provide. In certain Client engagements, we may collect employee and other information of our Clients, as well as employee or other Personal Information of others who have a relationship or otherwise interact with our Clients (e.g., in the context of Client investments, mergers, acquisitions or disputes).
We Process Personal Information about or on behalf of Clients for a variety of business purposes including but not limited to:
The data Kharatian Law collects from its Suppliers relate to the management of Supplier relationships and the exchange of requested products and services. They may include title, name, address, phone number, email address, invoicing and other payment information and agreements executed with Kharatian Law.
We Process Personal Information about Suppliers for a variety of business purposes, including but not limited to:
If you visit a Kharatian Law office, we may collect Personal Information about you, including, but not limited to, your title, name, address, phone number, email address, business or company affiliation, government identification (driver’s license, passport), and other details you provide. We Process this information for a variety of purposes, including to generally manage your visit, to verify your identity, to provide access to Kharatian Law facilities and systems, for security and other safety purposes, to communicate with you regarding your visit, to provide information we believe may be of interest to you, including regarding Kharatian Law’ services, for purposes disclosed at the time Visitor provides Personal Information or otherwise with consent.
Personal Information collected from Visitors to our Sites may include information you voluntarily provide to us. See also Section 2.10 of this Privacy Statement for a description of the non-Personal Information we collect.
2.5 SOCIAL MEDIA ACTIVITIES
Generally, online social media resources are interactive tools that enable Data Subjects to collaborate and share information with others. Social media resources include, but are not limited to, social networks, discussion boards, bulletin boards, blogs, wikis and referral functions to share website content and tools with a friend or colleague. Kharatian Law may collect Personal Information to enable Data Subjects to use online social media resources. We may also enable you to use these social media resources to post or share Personal Information with others. When using social media resources, you should take into careful consideration what Personal Information you share with others. Kharatian Law will comply with the terms of this Privacy Statement and the privacy policies applicable to the social media resources it uses.
2.6 INFORMATION FROM THIRD-PARTY SOURCES
Kharatian Law may collect information about you from Third-Party sources to supplement information provided by you. This supplemental information allows us to verify or supplement information that you have provided to Kharatian Law and to enhance our ability to provide you with information about our business and services. Kharatian Law’ agreements with these Third Parties typically limit how Kharatian Law may use this supplemental information.
2.7 DIRECT MAIL, EMAIL AND OTHER FORMS OF ELECTRONIC COMMUNICATION
Clients and Suppliers that provide us with Personal Information, or whose Personal Information we obtain from Third Parties, may receive periodic emails, mailings or other forms of electronic communication from us with information on our services, on legal or other news or developments or upcoming special events we believe may be of interest. We offer our Clients and Suppliers the option to decline these communications at no cost to the individual Client or Supplier.
2.8 RESEARCH/SURVEY SOLICITATIONS
From time to time, Kharatian Law may perform research (online and offline) via surveys. We may engage Third-Party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected may be used or disclosed for research, analytics and reporting purposes to help us to better serve Clients and Suppliers by learning more about their needs and the quality of the legal services we provide.
2.9 USERS OF OUR SITES – COOKIES, SIMILAR TOOLS AND AGGREGATE INFORMATION
2.10 MOBILE COMPUTING AND OTHER APPLICATIONS
Kharatian Law may provide websites and online resources that are specifically designed to be compatible and used on mobile computing devices. Mobile versions of Kharatian Law Sites may require that users log in with an account. In such cases, information about use of each mobile version of the Sites may be associated with user accounts. In addition, Kharatian Law may enable Individuals to download an application, widget or other tool that can be used on mobile or other computing devices. Some of these tools may store information on mobile or other devices. These tools may transmit Personal Information to Kharatian Law to enable Data Subjects to access user accounts and to enable Kharatian Law to track use of these tools. Some of these tools may enable users to email reports and other information from the tool. Kharatian Law may use personal or non-identifiable information transmitted to us to enhance these tools, to develop new tools, for quality improvement and as otherwise described in this Privacy Statement or in other notices Kharatian Law provides.
3.0 CHOICE/MODALITIES TO OPT OUT
You have the right to opt out of certain uses and disclosures of your Personal Information, as set out in this Privacy Statement.
Where you have consented to Kharatian Law’ Processing of your Personal Information or Sensitive Personal Information, subject to applicable legal and ethical obligations that may apply to us and to our lawful ability to enforce our rights or your obligations to us, you may withdraw that consent at any time and opt out. Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will provide information regarding the new purpose and give you the opportunity to opt out.
Prior to disclosing Sensitive Data to a Third Party or Processing Sensitive Data for a purpose other than its original purpose or the purpose authorized subsequently by the Data Subject, Kharatian Law will endeavor to obtain each Data Subject’s explicit consent (opt-in). Where consent of the Data Subject for the Processing of Personal Information is otherwise required by law or contract, Kharatian Law will comply with the law or contract.
3.2 EMAIL AND TELEPHONE COMMUNICATIONS
An “Unsubscribe” button will be provided at the top or bottom of each email communication sent by Kharatian Law so that you can opt-out. However, we will continue to send transaction-related emails regarding our relationship and the services you have requested. We do not engage in telephone marketing.
4.0 ONWARD TRANSFER
4.1 INFORMATION WE SHARE
Kharatian Law does not sell or otherwise disclose Personal Information about you, except as described in this Privacy Statement or as you explicitly consent. Kharatian Law may share Personal Information with our service providers and consultants for our internal business purposes or to provide you with a service that you have requested. Payment information will be used and shared only to effectuate your order and may be stored by a service provider for purposes of future orders. Kharatian Law requires our service providers to agree in writing to maintain confidentiality and security of Personal Information they maintain on our behalf, including to provide at least the same level of protection as required by the Privacy Shield Principles, not to use it for any purpose other than the purpose for which Kharatian Law retained them and to notify Kharatian Law if they make a determination that they can no longer comply with that obligation. With respect to onward transfers to third-party agents under Privacy Shield, Privacy Shield requires that Kharatian Law remain liable should such agents Process Personal Information in a manner inconsistent with the Privacy Shield Principles.
We may disclose information about you: (i) if we are required to do so by law, court order or legal process; (ii) in response to lawful requests by public authorities, including to meet national security or law enforcement requirements; (iii) under the discovery process in litigation or arbitration; (iv) to enforce Kharatian Law policies, contracts or other rights; (v) to collect amounts owed to Kharatian Law; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if in good faith we believe that disclosure is otherwise necessary or advisable. In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Sites. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.
We reserve the right to disclose or transfer any information we have about you in the event of a proposed or actual reorganization, sale, lease, merger, joint venture, assignment, amalgamation or any other type of acquisition, disposal or financing of all or any portion of Kharatian Law or of any of our assets (including should Kharatian Law cease to trade, become insolvent, enter into receivership or any similar event occur). Should such an event take place, we will endeavor to direct the transferee to use Personal Information in a manner that is consistent with this Privacy Statement.
4.2 DATA TRANSFERS
Kharatian Law is a global law firm, with offices, Clients and Suppliers located throughout the world. As a result, your Personal Information may be transferred to other Kharatian Law offices, data centers and servers in Europe, Asia, South America or the United States for the purposes identified above. Any such transfer shall take place only in accordance with and as permitted by the law of your jurisdiction, but please be aware that the laws and practices relating to the protection of Personal Information are likely to be different and in some cases may be weaker than those within your home jurisdiction. Regardless, in all events, we shall apply the provisions of this Policy to your personal information wherever it is located.
5.0 RIGHTS OF ACCESS, RECTIFICATION, ERASURE AND RESTRICTION
Under Privacy Shield (if applicable to you), you may seek confirmation regarding whether Kharatian Law is Processing Personal Information about you, request access to Personal Information, and ask that we correct, amend or delete that information if it is inaccurate or has been Processed in violation of the Privacy Shield Principles. Where otherwise permitted by applicable law, you may use any of the methods set out in this Privacy Statement to request access to, receive (port), restrict Processing, seek rectification or request erasure of Personal Information held about you by Kharatian Law. Such requests will be processed in line with applicable local laws. Although Kharatian Law makes good faith efforts to provide individuals with access to their Personal Information, there may be circumstances in which Kharatian Law is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question or where the information is commercially proprietary. If Kharatian Law determines that access should be restricted in any particular instance, we will endeavor to provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, Kharatian Law will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.
Kharatian Law retains the Personal Information we receive as described in this Privacy Statement as necessary to fulfill the purpose(s) for which it was collected, provide our services and products, and resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements and comply with all applicable laws and in accordance with our routine information storage policies.
The security of all Personal Information provided to Kharatian Law is important to us, and Kharatian Law takes reasonable steps designed to protect your Personal Information. Unfortunately, no data transmission over the Internet or storage of information can be guaranteed to be 100% secure. As a result, while Kharatian Law strives to protect your Personal Information, we cannot ensure or warrant the security of any information you transmit to Kharatian Law, and you do so at your own risk.
8.0 REDRESS / COMPLIANCE AND ACCOUNTABILITY
Questions or comments regarding this Policy should be submitted to the Kharatian Law by mail to:
Kharatian Law, APC
595 E. Colorado Blvd., Suite 210
Pasadena, California 91101
Kharatian Law will address your concerns and attempt to resolve any privacy issues in a timely manner, and may contact individuals in relevant Kharatian Law departments to assist in completing your requested task.
9.0 OTHER RIGHTS AND IMPORTANT INFORMATION
9.1 LINKS TO THIRD-PARTY WEBSITES
Please note that our Sites may contain links to other websites for your convenience and information. Kharatian Law does not control Third-Party websites or their privacy practices, which may differ from those set out in this Privacy Statement. Kharatian Law does not endorse or make any representations about Third-Party websites. Any Personal Information you choose to give to unrelated Third Parties is not covered by this Privacy Statement. Kharatian Law encourages you to review the Privacy Statement of any company or website before submitting your Personal Information. Some Third Parties may choose to share their users’ Personal Information with Kharatian Law; that sharing is governed by that company’s Privacy Statement, not this Privacy Statement
9.2 CHANGES TO THE PRIVACY STATEMENT
Kharatian Law may update this Privacy Statement from time to time as it deems necessary or appropriate in its sole discretion. If there are any material changes to this Privacy Statement, Kharatian Law will notify you by email, by means of a notice on our Sites or as otherwise required by applicable law. Kharatian Law encourages you to review this Privacy Statement periodically to be informed regarding how Kharatian Law is using and protecting your information and to be aware of any policy changes. Your continued relationship with Kharatian Law after the posting or notice of any amended Privacy Statement shall constitute your agreement to be bound by any such changes. Any changes to this Privacy Statement take effect immediately after being posted or otherwise provided by Kharatian Law.