Effective Date: January 1, 2023
- From visitors to our website or web-based applications (“Websites”)
- Through software applications made available by us for use on or through computers and mobile devices (“Apps”)
- Contacts at our clients and/or prospective clients
- Contacts for suppliers of goods and services to us
- From any other individual about whom we obtain personal information in the provision of legal services to our clients (“Client Services”)
- From those who apply to work for us
The items outlined above are collectively called “Services”.
Information We Collect About You
- Contact and Basic Information: name, title, phone numbers, organization, job responsibilities, gender, mailing address, and email address.
- Registration Information such as information necessary to process or respond to newsletter requests, event/seminar registration, dietary preferences (excluding special categories), subscriptions, requests to download information, and usernames/passwords.
- Marketing Data such as information about individual participation in conferences and in-person seminars, credentials, associations, product interests and preferences.
- Compliance Data: Government identifiers, passports or other identification documents, date of birth, beneficial ownership, and due diligence data.
- Special Categories: In limited circumstances, we receive special categories of Personal Information as is necessary for a specific service we are providing to you, your employer or any other organization you may by affiliated with. Examples of Special Categories include: social security numbers, religious or other beliefs, racial or ethnic origin, sexual orientation, health data and details of trade union membership.
- Client Service Information: Personal Information received from clients regarding their employees or other individuals known to clients, invoicing details and payment history, and client feedback.
- Device Data: IP address, unique device identifiers, cookies and other data linked to a devices, and data about the usage of our Websites.
- Job Applicant Data: Data provided by job applicants or others on our Website or offline in connection with employment opportunities.
Cookies and Similar Technologies
Sources of Personal Information
Farwell Rashkis may collect Personal Information from a variety of sources, including:
- Through our provision of Services, for example, when you sign-up for a newsletter, request Services from us, register for a seminar, enter into a contractual relationship for Services, interact with us at an event, visit our Websites or networks, use our online applications, apply for a job, send us communications, or call or visit our office.
- From other sources including:
- Publicly available and subscription-based sources
- Court documents and filings
- Event sponsors
- Our clients
- Counterparties in transactions or disputes
- Social media
- Our service providers
Farwell Rashkis needs to collect Personal Information in order to provide the requested Services to you or to provide Services to our clients. If you do not provide the information requested, we may not be able to provide the Services. Where we receive Personal Information from our clients about employees or other individuals, the client is responsible for ensuring that any such Personal Information is transferred to us in compliance with applicable data protection laws and regulations.
Uses of Personal Information:
The purposes for which Farwell Rashkis uses Personal Information, and the legal basis for such use are as follows:
- The provision of legal advice/services and response to inquiries. We engage in this activity to fulfill our ethical, legal and contractual obligations with our clients.
- Management of our business operations and administration of our client relationships. We engage in this activity to fulfill our ethical, legal and contractual obligations with clients and suppliers.
- Enhancing the functionality of our Websites. We engage in this activity because we have a legitimate interest in monitoring how our Website and Apps are used to help us provide better services to our Website and App users.
- Fraud and security monitoring purposes. We engage in this activity because we have a legitimate interest to detect and prevent fraud, crimes and other misuses of our Websites and networks.
- Data analysis, to improve the efficiency of our Services and identify trends. We engage in this activity to manage our relationships with clients, to comply with legal obligations, and/or because we have other legitimate interests.
- Auditing internal process for proper functioning. We engage in this activity to manage our relationships with clients, to comply with legal obligations, and/or because we have other legitimate interests.
- To provide relevant marketing materials. We engage in this activity because we have a legitimate interest or because we have obtained consent.
- Compliance with legal and regulatory obligations. We engage in this activity to manage our relationships with clients, to comply with legal obligations, and/or because we have other legitimate interests.
- To evaluate and consider individuals for employment and manage on-boarding procedures. We engage in this activity because we have a legitimate interest and/or to comply with our legal obligations.
We may aggregate and/or anonymize Personal Information so it is no longer considered Personal Information. We do this to generate other data for our use, which we may use and disclose for any purpose.
Disclosure of Personal Information
We may disclose Personal Information to:
- Our subsidiaries, affiliates and joint venture partners
- Contractors, vendors and services providers
- Counterparties to transactions or disputes, and their counsel
- Courts, arbitrators, mediators, and others as necessary to represent our clients
We may also disclose Personal Information as necessary to:
- Comply with applicable laws and regulations
- To cooperate with public and government authorities
- To cooperate with law enforcement
- To enforce our terms and conditions
- To protect our rights, privacy, safety or property, and/or that of our affiliates, or others
- Effectuate any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings) with a third party
Protection of Personal Information
We have implemented reasonable measures to secure Personal Information from accidental loss or destruction and from unauthorized access, use, alteration and disclosure. Unfortunately, no transmission or storage system can be guaranteed 100% secure.
Information Relating to Minors
The nature of our services is not intended for individuals under the age of 16.
Cross-Border Data Transfers
We may transfer Personal Information to jurisdictions as necessary for the purposes described above, including to jurisdictions that may not provide the same level of protection as your country of residence. By using our Services, you understand that your information will be transferred to the United States or to other countries in which Farwell Rashkis may exist.
For transfers of Personal Information from the European Economic Area (EEA) to countries not considered adequate by the European Commission, Farwell Rashkis has put in place adequate measures, such as the standard contractual clauses adopted by the European Commission, to protect Personal Information.
Choices and Access
You have choices regarding marketing-related communications. If you no longer want to receive marketing-related emails from Farwell Rashkis, you may opt-out by following the unsubscribe instructions in our marketing emails.
In your request, please make clear what you are seeking in your request, including what Personal Information is subject to your request. For your protection, we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.
We will retain your Personal Information for as long as you are a client, the performance of our Services requires, and as long as our ethical obligations require.
Third Party Websites
- Email Address: [email protected]
- Postal Address:
Farwell Rashkis, LLP
Attention: Information Protection and Privacy
223 W. Main Street, Suite B, Los Gatos, CA 95030
Additional Information Regarding the EEA
You can lodge a complaint with the data protection authority for your country or region, or where the alleged infringement of applicable data protection law occurs. However, before doing so, we encourage you to contact us directly to give us an opportunity to work directly with you to resolve any concerns about your privacy.
Additional Information Regarding California
California Consumer Privacy Act of 2018 (CCPA)
Pursuant to the CCPA, we are providing the following additional details regarding the categories of Personal Information about California residents that we collected and disclosed in the preceding 12 months. This policy does not apply to our job applicants, employees, contractors, owners, directors, or officers where the Personal Information relates to their current, former, or potential role at Farwell Rashkis. California job applicants can review Farwell Rashkis’ CCPA Job Applicant Notice at Collection for more information.
We collected the following information:
Category of Personal Information:
Personal Information was collected from the following categories of sources:
Personal Information was disclosed to the following categories of third parties:
Audio, electronic, visual, thermal, olfactory, or similar information
Audio/Visual – where required for regulatory reasons, to keep record of client instructions or other matters discussed
To transcribe or prepare a written note of client interviews
Conference calls and video conferences with clients and other third parties
Interviews with clients as part of client feedback program
Video surveillance when visiting a Farwell Rashkis office
Audio and/or video recordings of interviews or depositions
Suppliers and service providers where necessary to perform functions on our behalf
Opposing parties, their counsel, courts, arbitrators, mediators, and others as necessary to represent our clients
Identifiers such as real name, alias, IP address, email address, account name, unique online identifier, social security number, driver’s license number, passport number, or other similar identifiers.
To provide legal advice, business services, and to respond to inquiries
To manage our business operations and administer our client relationships
To provide relevant marketing to you or your employer
To address compliance and legal obligations (e.g. checking identity of new c lients, prevention of fraud/money laundering, to protect the security of our networks, devices, and information)
Mandatory disclosures and legal claims (e.g. to comply with any subpoena, court order or other legal process or to comply with any regulatory, governmental or legally binding request)
Directly from the individual
Counterparties to transactions or disputes
Employers (i.e. clients)
Agents or professional advisors authorized to disclose data on behalf of the individual
Publicly available or subscription-based sources
Personal Information Categories from Cal. Civ. Code §1798.80(e)including name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
*”Personal information” does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.
Commercial Information including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Characteristics of Protected Classifications under California or Federal Law Race, age, national origin, disability, sex, veteran status, philosophical or religious beliefs, sexual orientation, disability, gender identity, gender expression, marital status, familial status
Only as strictly necessary for the purposes identified above
Solely to the extent required to comply with Farwell Rashkis’ legal or other best practice obligations (e.g. AML, equality laws, monitoring diversity and inclusion, etc.)
Inferences Drawn from any of the PI identified above
We may draw inferences from information that we have received (such as, we may draw inferences from evidence received from or on behalf of our clients in legal proceedings; we may conclude that you are interested in receiving updates from us on developments in particular areas if you have attended firm-sponsored events; or we may conclude that applicable laws prohibit us from engaging with a prospective client based on information obtain through our Know-Your-Client compliance procedures)
Professional or employment-related information
To provide relevant marketing to you (e.g. information about events or services that may be of interest)
To provide legal advice, business, services and to respond to inquiries
Suppliers and service providers where necessary to perform functions on our behalf
Internet or other electronic network activity information including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Website, application, or advertisement
To make our website for intuitive
To protect the security of our networks, devices, and information
Via the firm’s Website or Apps
To our service providers to the extent necessary for the provision of services on our behalf
Disclosure of Personal Information, No Sale
Farwell Rashkis has not sold Personal Information as defined or as contemplated by the CCPA in the preceding 12 months. As defined and contemplated by the CCPA, Farwell Rashkis does not sell Personal Information of minors under the age of 16.
California Consumer Privacy Rights
As a California Consumer, you have the following rights:
- Right to Disclosure: California Consumers have a right to request information from us regarding the Personal Information we collect and disclose for business purposes about the consumer.
- Deletion: In certain circumstances, you have the right to request we delete Personal Information we collected from you. Please note that the right to request deletion is subject to certain exceptions under the CCPA.
- Non-Discrimination: Farwell Rashkis will not discriminate against California Consumers for exercising their rights under the CCPA.
Farwell Rashkis does not offer financial incentives or price or service differences in exchange for the retention of a California Consumer’s Personal Information.
How to Submit a Verifiable Request
We will respond to requests in accordance with the CCPA if it can verify the identity of the individual submitting the request. California Consumers can exercise these rights by contacting (408) 399-0505 or by email at [email protected]. We may not be able to comply with your request if we are unable to confirm your identity or connect the information you submit in your request with Personal Information in our possession.
A California Consumer may designate an Authorized Agent registered with the California Secretary of State to submit a disclosure or deletion request on behalf of the Consumer. For us to respond to a request from an Authorized Agent, we may:
- Request a copy of the written permission granting the Authorized Agent to make such a request on the consumer’s behalf; and
- Verify the identity of the consumer.
We may deny a request from an Authorized Agent that does not submit proof that they have been authorized by a consumer to act on their behalf.