Business Estate & Tax Attorneys, P.C. (BETA) makes available the information and materials on this World Wide Web site (the “Materials”) for informational purposes only. While we hope and believe the Materials will be helpful as a background matter, we cannot warrant that the Materials are accurate or complete. Moreover, the Materials are general in nature, and may not apply to particular factual or legal circumstances. In any event, the Materials do not constitute legal advice and should not be relied on as such. Therefore, if you want legal advice, please consult a lawyer. While we would welcome the opportunity to consider having someone at Business Estate & Tax Attorneys, P.C. be that lawyer, we accept clients only in accordance with certain procedures and render legal advice only after completion of those procedures and when it is legally permissible for us to do so.
Business Estate & Tax Attorneys, P.C., DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
We set out more details below under How we collect your personal data.
Are you required to provide your personal data?
You do not have to give BETA any personal data in order to use most of its websites, and in most instances you will provide it with your personal data voluntarily. However, there are circumstances in which BETA may not be able to assist you, or an organization with which you are associated, unless you provide it with your personal data. For example, your personal data may be required for legally required compliance checks, to carry out instructions, for security and other reasons to allow you to access one of our events or offices. In these cases, without the relevant personal data, BETA may be unable to assist you or your organization, and it would inform you or your organization that this is the case. BETA also may collect some personal data about you automatically – further details below.
Which personal data does BETA collect?
When you use BETA’s website or when it interacts with you, the personal data it collects, may include:
- Contact information, such as your name, job title, postal address, including your home address, where you have provided this to us, business address, telephone number, mobile phone number, fax number and email address
- Professional information, such as job titles, previous roles, and professional experience and qualifications
- Physical access data, relating to details of your visits to BETA offices
- If you connect to BETA from a social network, such as LinkedIn or Facebook, we will collect personal information from the social network in accordance with your privacy settings on that social network. The connected social network may provide BETA with information such as your name, profile picture, network, gender, username, user ID, age or age range, language, country, friends list, follower list, and any other information you have agreed it can share or that the social network provides to BETA
- Special categories of personal data. In connection with the registration for and provision of access to an event or seminar, BETA may ask for information about your health for the purpose of identifying and being considerate of any disabilities or special dietary requirements you may have. Any use of such information is based on your consent
For our legal services we may collect:
- In addition to all or some of the information listed above, information collected from publicly available sources or data sites for client due diligence purposes
- Identification information from you or from your organization or other third parties for compliance with our legal and professional duties
- Payment data, such as data necessary for processing payments and fraud prevention, and other related billing information
- Other personal data regarding your preferences, opinions and comments where it is relevant to BETA’s services
- Information regarding the issue or matter in respect of which BETA has been engaged to provide legal services which may contain personal information about you. In the course of its client services, BETA may represent you and/or your business in legal matters that require it to collect and use special category personal information relating to you (that is, information about your racial or ethnic origin, political opinions, religious beliefs, trade union activities, physical or mental health, sexual life, details of criminal offences, or genetic or biometric data).
How BETA collects your personal data?
BETA may collect personal data about you in a number of circumstances and ways, including: When you or your business seek legal advice or when you are engaged by BETA on behalf of its clients
- When you make an inquiry about BETA’s services or otherwise interact on BETA’s website
- When you attend a seminar or event or sign up to receive publications from it
- When you or your business provide services to BETA or seek to provide such services
- When you apply to join BETA or express an interest in joining it
- When you interact with BETA by telephone, email and other electronic communication
- From third parties, such as government agencies, a credit reporting agency, information service providers, or from publicly available records
- From social media sites
- By making inquiries from your business, other businesses with whom you have dealings such as former employers and educational institutions, or from third-party sources
- Automatically in the ways we describe below.
Using cookies and other tracking software, we automatically collect personal data about you when you access and use our websites, blogs, mobile sites, applications, sponsored content on social media sites (the “Online Information“), and information about the device you use to access the Online Information. For example, we may collect:
- Information about how you view the Online Information (such as the pages you view, the links you click)Information about your browser and usage patterns (e.g. your IP address, browser type and language)Information about the device you use to access the Online Information
- Your access via a social media site BETA uses this information to determine news, alerts, and other products and services that may be of interest to you for marketing purposes; to monitor and improve its Online Information and business; and to help it develop new products and services.
- Using email tracking software, we collect email traffic headers (“from”, “to” and timestamp fields) for analyzing patterns of network traffic and managing its relationships, although its excludes from its analysis email addresses which are not associated with a company email address.
Use of your personal information
BETA will use the personal data listed above if and to the extent necessary to achieve the following purposes:
- To provide legal advice or other services, including online or legal technology services as instructed or requested by you or your organization
- To manage and administer you or your organization’s relationship with us, including billing and collection, marketing and support services, and taking other steps linked to the performance of our business relationship
- To comply with our legal and regulatory obligations such as for anti-money laundering, financial and credit checks, audit requirements, fraud and crime prevention and detection, and record keeping. This may include automated checks of personal data you or your organization provide about your identity against relevant databases, and contacting you to confirm your identity, or making records of our communications with you for compliance purposes
- To analyze and improve our services and promote our business, such as by sending you publications and invites
- To protect the security of and managing access to our premises, IT and communication systems, online platforms, websites and other systems, preventing and detecting security threats, fraud or other criminal or malicious activities
- For insurance purposes
Where applicable, and only as permitted by law with respect to the specific category of personal data, to assess your application to join BETA:
- To comply with its legal and regulatory obligations and requests
- To comply with court orders and to exercise and/or defend our legal rights
- To assist or enhance your experience at an event; for example, details of your dietary requirements
- To personalize and foster the quality of its communications and interaction with you
- If you use our legal services, we may share your contact details and limited information about our services to you or your organization with legal directories or other promotional publications or communications, in order to promote its business. It will only share your name and contact details. It may, where permitted by its professional confidentiality obligations, disclose information about its clients to third parties in connection with a transaction, such as a merger, or acquisition of all or a portion of our business, or our acquisition of another business
- For any other purposes related and/or ancillary to any of the above, or any other purposes for which your personal data was provided to us
- For our recruitment
Legal justification for our use of your personal data
BETA may process your personal data in connection with any of the purposes set out above on one or more of the following legal grounds:
- Because it is necessary for it to do so to perform your instructions or another contract with you or your organization
- To comply with its legal obligations, as well as to keep records of its compliance processes or tax records
- Because its legitimate interests, or those of a third-party recipient of your personal data, make the processing necessary, provided that those interests are not overridden by your interests or fundamental rights and freedoms
- Because you have expressly given BETA your consent to process your personal data in that manner
Legal basis in detail
Marketing. BETA will only provide you with marketing-related information after you have, where legally required to do so, opted-in to receive those communications. If you have not opted-in to it providing you with information promoting its business, it will use your personal information for its legitimate interests, provided that those interests are not overridden by your interests or fundamental rights and freedoms (e.g. if you are a client for news and updates on legal matters). BETA will give you the opportunity to opt out at any time.
Legal Services. If BETA is providing you (or your organization) with legal services, its processing will be necessary for the performance of a contract between you or your organization and it. Prior to entering into a contract and/or to taking steps at your request or at the request of your organization before it provides legal services, the processing is necessary for its legitimate interests and those of its clients or prospective clients to assist it in providing the legal services. BETA’s processing is for its legitimate interests in ensuring compliance with its legal and professional obligations or to protect its business. In all cases in which its legal basis for processing is due to its legitimate interests or those of its clients or prospective clients, it will use your personal information for its legitimate interests, provided that those interests are not overridden by your interests or fundamental rights and freedoms.
Recruitment. Where you apply to join BETA, it will only process your personal data based on your consent as part of the assessment of your suitability for any position for which you may apply at BETA. It may use information collected throughout the recruitment process to review BETA’s equal opportunities profile in accordance with applicable legislation.
Business partners. If you are engaged by BETA to provide services or supplies, or if you wish to be, its processing your personal data will be necessary for the performance of a contract, or for its legitimate interests. BETA will not use your personal data for making any automated decisions affecting or creating profiles other than as described above.
Sharing and transferring your personal information
BETA shares information, including personal information, within its offices, and third parties engaged by BETA to collect information (for example, your access to our email marketing). Set out below is further details of the ways BETA may share your personal data with:
- Third parties, including certain service providers it has retained in connection with the legal services it provides, such as other lawyers, consultants, mediators, or translators, couriers, or other necessary entities
- A client, if it has collected your personal data in the course of providing legal services to that client, and where permitted by law to others for the purpose of providing those services
- Third parties, on a confidential basis, to help us measure our performance and to improve and promote our services
- Companies providing services for money laundering and terrorist financing checks, credit risk reduction, and other fraud and crime prevention purposes, and companies providing similar services, including financial institutions, credit reference agencies, and regulatory bodies with whom such personal data is shared
- Courts, law enforcement authorities, regulators, government officials or other parties where it is reasonably necessary for the establishment, exercise or defense of a legal or equitable claim
- Service providers which it engages to process personal data for any of the purposes listed above on our behalf and in accordance with our instructions only
- Prospective sellers or buyers of any business or assets to which it might assign or novate any of our rights and obligations; in such case it may disclose your personal data to the prospective seller or buyer of such business or assets.
How long does BETA retain your personal data?
Your personal information will be retained in accordance with our data retention policy which categorizes all of the information held by BETA and specifies the appropriate retention period for each category of data. Those periods are determined by the purpose for which the information is collected and used, taking into account applicable data protection laws, legal and regulatory requirements to retain the information for a minimum period, limitation periods for taking legal action, and BETA’s business requirements. You agree that if BETA holds your personal data for the purposes of compliance with our anti-money-laundering legal obligations, it may retain that information for a period beyond the time period specified by applicable laws.
What rights you have over your data?
You may have the following rights:
- To request details of the information BETA holds about you and how we process it
- To have the personal data BETA holds rectified or deleted, to restrict its processing of that information, to stop unauthorized transfers of your personal information to a third party and, in some circumstances, to have personal information relating to you transferred to another organization
- To lodge a complaint in relation to BETA’s processing of your personal information with a local authority
If you object to the processing of your personal information, or if you have provided your consent to processing and you later choose to withdraw it, BETA will respect that choice in accordance with its legal obligations.
Your objection (or withdrawal of any previously given consent) could mean that BETA is unable to perform the actions necessary to achieve the purposes set out above (see ‘How BETA uses your personal information’) or that you may not be able to make use of the services and products offered by BETA. Please note that even after you have chosen to withdraw your consent, BETA may be able to continue to process your personal information to the extent required or otherwise permitted by law, in particular in connection with exercising and defending our legal rights or meeting our legal and regulatory obligations. If you have provided your consent and wish to withdraw your consent, please follow the opt-out links on any marketing message sent to you, or contact BETA.
Once BETA has received notification that you have withdrawn your consent, it will no longer process your information for the purpose(s) to which you originally consented unless there are compelling legitimate grounds for further processing which override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims. Withdrawal of consent to receive marketing communications will not affect the processing of personal data for the provision of our legal services.
BETA must ensure that your personal information is accurate and up to date, where relevant. Therefore, please advise it of any changes to your information by emailing us.
California privacy rights
If you are a resident of the state of California, you have, under the California Civil Code, you have the right to request information on how to exercise your disclosure choice options from companies conducting business in California. To do so, send a request for information indicating your preference as to how you would like BETA to respond to your request (i.e., email or postal mail). To request such information, either send an email to our designated Privacy Administrator or contact us via postal mail, proper postage pre-paid, at:
Business Estate & Tax Attorneys, P.C.15 Altarinda Way
Orinda, California 94563
Attn: Your California Privacy Rights