Welcome to https://donbivens.com/  (the “Site”), a website of Don Bivens PLLC (“FIRM”, “our”, “we” or “us”). This Privacy Policy (the “Privacy Policy”, "Policy") is intended to describe our practices regarding the information we may collect from you (“user”, “you” or “your”) when you use or access our Site and legal action compatibility and plaintiff screening services, including any other FIRM service otherwise accessed by you, whether through FIRM or third party websites or sources (collectively - the “Services”), the ways in which we may use such information, and the choices and rights available to you. 

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We are dedicated to protecting your privacy rights and making our practices regarding the processing of your Personal Information more transparent and fair. This Privacy Policy was designed to help you understand the information we collect, store, use and share, and it applies whenever you visit, install, or interact with our Services. Please note that parts of this Privacy Policy may not be applicable to you, depending on the jurisdiction in which you reside and the applicable laws.

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Scope: This Privacy Policy applies only to the information we collect in connection with your use of the Site and Services, including when you register to receive more information about our Services or when you register to receive more information about potential violations of law that may have affected your legal rights.

This Privacy Policy supplements and shall be read in conjunction with our Terms of Use (the “Terms”) and our Cookie Policy (the “Cookie Policy”), and may be supplemented by additional privacy statements, terms or notices provided to you. Capitalized terms which are not defined herein, shall have the meaning ascribed to them in our Terms.

We strongly urge you to read this Privacy Policy and make sure that you fully understand and agree to it. If you do not agree to this Privacy Policy, please discontinue and avoid using our Services. You have the right to cease using our Services at any time, pursuant to this Privacy Policy and our Terms. You are not legally required to provide us with any Personal Information, but without it we will not be able to provide you with the best experience of using our Services.

PLEASE NOTE: you are not obligated by law to provide us with any Personal Information. You hereby acknowledge and agree that you are providing us with Personal Information at your own free will. You hereby agree that we may collect and use such Personal Information pursuant to this Privacy Notice and any applicable laws and regulations.

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We collect Personal Information from you, meaning any information which potentially allows, alone or together with other data, the identification of an individual with reasonable means or may be of a private or sensitive nature relating to an identified or identifiable natural person (for example, email address or name, collectively "Personal Information"). Personal Information does not include information that has been anonymized or aggregated; provided, that, such information can no longer be used to identify a specific natural person. This section sets out how and when we collect and process Personal Information about you.

1. Information received directly from you:

We collect information which you provide us voluntarily. For example, when you request to receive communications from us or when you otherwise contact us via the Site and Services:

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Data you provide to us: 

• Preliminary Personal Information: We will collect your contact details (such as name, phone number, mail address) and basic information regarding potential violations of law that may have affected your legal rights. Such information is collected by us when you choose to fill a form on our Site, register our Services, or when you provide it to our representatives via the phone or any other communication methods, or in connection with your request to receive information about our Services or future communications and updates from us. 
• Once registered to receive our Services, more detailed Personal Information will be collected by us in order to assess your eligibility to participate in various types of legal actions including mass actions, including but not limited to class actions, mass torts, multidistrict litigation (MDL), and other collective legal claims. This may include, but is not limited to, information  your mailing address, age, usage details of specific websites, products or services, your associated username on such services, your litigation history, and your general criminal and financial background information.
• We may monitor and record phone calls, e-mails, live chats, or other communications between you and our customer service representatives or other FIRM's representatives.

Communication Information:

• When you send us an email, or contact us via the support or submit any other contact form within our Services, we collect the Personal Information you provide us. 
• Personal Information that you provide us in connection with your request to receive our communication and updates.

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2. Information we collect when you are using the Site and Services: 

When you visit or access our Site and Services we may automatically receive and record information through the use (and authorize 3rd parties to use) of pixels, cookies and other tracking technologies. 

Usage and Technical Information: 

Such information includes technical information about your interaction with our Services, geolocation data, IP address, unique identifiers (e.g. MAC address and UUID), your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our Site, methods used to browse away from the Site, as well as other information which relates to your activity in the Services. 

The information collected (including your IP address) may be disclosed to or collected directly by our third-party web analytics service providers such as Google Analytics, as further detailed under the "Tracking Technologies" section below.

3. Aggregated data: We may also collect aggregated or technical data generated when you use our Services, relating to how you use them, so we could learn how users and customers use our Services and improve them and our users experience. Aggregated data may be derived from your Personal Information but is not considered Personal Information as this data does not directly or indirectly reveal your identity.

Sensitive Personal Information: We may collect sensitive information that you provide us in order to assess your eligibility to participate in various types of legal actions including mass actions, including but not limited to class actions, mass torts, multidistrict litigation (MDL), and other collective legal claims. This may include, but is not limited to, health data, physical or mental disability, sex (including gender, gender identity, pregnancy or childbirth and related medical conditions), racial or ethnic origin, religious or philosophical beliefs, or union membership.

Below is a list of useful links that can provide you with more information on how to manage your cookies:

1. Google Chrome;
2. Mozilla Firefox;
3. Safari (Desktop);
4. Safari (Mobile);
5. Android Browser; and
6. Microsoft Edge

You can turn off certain third party targeting and advertising cookies by visiting the following third party webpages:

1. The Interactive Advertising Bureau (US);
2. The Interactive Advertising Bureau (EU); and

European Interactive Digital Advertising Alliance (EU) .

This section explains for what purposes we use your Personal Information:

• Provision and operation of our Services. We use your Personal Information to provide you with our Services, and to assess your eligibility to participate in various types of legal actions including mass actions, including but not limited to class actions, mass torts, multidistrict litigation (MDL), and other collective legal claims. 
• To provide customer support. This includes, for example, responding to your inquiries and communicating with you. 
• Improving our Services. We collect and analyse Personal Information about you and your usage of our Services for the purposes of usability, quality, development and maintenance of our Services and their user experience.
• Advertising and marketing: We use your Personal Information in order to provide you with advertisements, updates, notices, notifications, newsletters and additional information when you visit our Services, including personalized and non-personalized advertising. 
• Integrity. We process certain information about you and your usage of our Services in order to keep the integrity and security of our Services, identify your identity and to enforce our policies.
• Anonymizing or de-identifying your Personal Information, creating cumulative data that is non-personal, which we might make use in order to operate and improve our Services, and for research purposes.
• Compliance with applicable laws; assistance to law enforcement agencies; response or defend against legal proceedings. We may process your Personal Information in order to comply with our legal obligation under applicable laws.
• To protect and enforce our rights, privacy and security, prevent fraud or other illegal activity, safety of our systems, users and property, or those of other persons or entities, conduct audits, defend legal claims and resolve disputes.

4.1. We disclose your Personal Information as described below:

1. Other Law Offices:
   If you are found eligible to participate as a plaintiff in a class-action, or participate in other legal proceedings, in mass arbitration, mass torts lawsuit or any other type of lawsuit, we will forward your Personal Information, via digital or any other method, to a law firm which will lead the case. 
2. Service providers: 
   Our service providers that serve in facilitating and enhancing our Services, work on our behalf and may need access to certain Personal Information in order to provide their services to us. These services include, but are not limited to, call-center, survey, client intake services, class compatibility and plaintiff screening services, hosting services (e.g. AWS), data analytics of the functionality and usability of our Site (e.g HubSpot, Typeform, Wix, Inegromat, Facebook, Google Analytics), marketing services, identity verification providers, etc. These service providers are authorized to use your Personal Information as necessary to provide these services or as otherwise authorized by us. 
3. Third party advertisers: 
   We partner with third parties to either display or to manage our advertising on other websites or apps. Our third-party advertisers use Tracking Technologies to gather information about your activities on our Services and other websites and apps in order to provide you advertising based upon your browsing activities and interests.
4. Compliance with laws and assistance to law enforcement agencies: 
   We may disclose your Personal Information to government or law enforcement officials or private parties. The disclosure will be made in our sole discretion, as we believe it necessary or appropriate to respond to claims and legal procedures (including but not limited to subpoenas), to protect our or a third party’s property and rights, to protect the safety of the public or any person, or to prevent or stop any activity we consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable. We also may be required to disclose an individual’s Personal Information in response to a lawful request by public authorities, including meeting national security or law enforcement requirements. 
5. Auditors and advisers: 
   We may share your Personal Information with our external auditors, advisors and professional service providers (e.g. lawyers, accountants, insurers etc.) for ensuring our compliance with regulatory requirements and industry standards, auditing, managing disputed etc.
6. Protecting our rights and safety:
   We may share your Personal Information to enforce this Privacy Policy or the Terms of Use, including investigation of potential violations thereof; to detect, prevent, or otherwise address fraud, security or technical issues; or otherwise if we believe in good faith that this will help protect the rights, property or personal safety of any of our users, or any member of the general public.
7. Affiliated companies, mergers and acquisitions:
   We may share your Personal Information with our affiliated companies. In addition, we may transfer or share your Personal Information in case of entering into a business transaction (including during negotiations) such as a merger, acquisition, reorganization, bankruptcy, or sale of some or all of our assets, with the parties involved in such event. Such disclosure shall be subject to the terms of this Privacy Policy.  
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For avoidance of doubt, we may share anonymized or de-identified information with any other third party, at our sole discretion.

Depending on the jurisdiction in which you reside, you may have certain rights under relevant applicable laws regarding the collection and processing of your Personal Information. To the extent these rights apply and concern you, you can contact us via the contact details available below and ask to exercise the following rights (some of which only apply to EU residents protected by the GDPR, and may be subject to certain exemptions or derogations):

6.1. Rights of access to your Personal Information:

You may have the right receive confirmation as to whether or not Personal Information concerning you is being processed, and access your stored Personal Information, together with supplementary information.

6.2. Right of data portability: 

You may have the right to request us to move, copy and transfer your Personal Information easily from one IT environment to another, in a safe and secure way, without affecting its usability;

6.3. Right of rectification: 

You may have the right to request rectification of your Personal Information in our control in the event that your believe the Personal Information held by Us is inaccurate, incomplete or outdated;

6.4. Right of deletion/erasure: 

You may have the right to request that we erase or delete Personal Information held about you at any time;

6.5. Right to restriction or objection to processing: 

You may have the right to request that we restrict or cease to conduct certain Personal Information processes at any time;

6.6. Right to withdraw your consent: 

To the extent we process Personal Information on the basis of your consent, you have the right to withdraw your given consent at any time;

6.7. Right to limit use and disclosure of your sensitive Personal Information: 

You may have the right to request to limit the collection of your sensitive Personal Information, to that use which is necessary to perform our Services;

6.8. Right not to be subject to automated decision making:

You may have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects or similarly significantly effects to you.

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This section addresses the specific disclosure requirements under California privacy laws, including the California Consumer Privacy Act of 2018 and the California Consumer Privacy Act Regulations (collectively, “CCPA”). 

The terms “personal information”, “business purpose”, “commercial purpose”, “sale” and “service provider” as used herein shall have the meanings ascribed to them in the CCPA. 

1. Categories of Personal Information we collect

In the preceding 12 months, we may have collected the following categories of Personal Information (as defined in the CCPA):

• Contact information provided by our users such as name, email address, phone number, online identifier, usernames or device ID.
• Personal characteristics, such as the scope of your use of certain sites, products and/or services; your litigation, financial and criminal background; and characteristics of protected classifications under California law, such as gender and age, and any other personal information voluntarily shared with us by you.

• Contents of users’ interaction with our customer support.
• Technical Identifies, such as IP address, browser and cookie history.
• Geolocation data, such as IP address.
• Activity on our Site, such as clickstream and engagement with our Site properties.
• Users’ browsing journey from and to our Site.
• Inferences, which are drawn from the above information to enhance the Services and customize content and functionality.

For more information about the types of personal information we collect, please see the “What Types of Data we collect?” under Section 1 above.

2.  Sources of Personal Information 

The sources from which we obtain Personal Information are:

1. Directly from our users (either actively, when you contact us online via any digital form, via the Site, via phone conversations, or through monitoring of use of the Services by cookies and other tracking technologies);
2. Third Parties such as our advertising partners, data analytics providers.

3. Sharing or selling Personal Information 

We do not act as data brokers or otherwise trade in your data.  However, under some US data protection laws, like the CCPA, our disclosure of certain internet activity and device information with third parties through cookies on our Website may be considered a “sale” or “sharing” of Personal Information. We do so in pursuit of the business and commercial purposes described above. 

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The purpose for collecting, sharing or selling information: 

We collect and share personal information for the following business and commercial purposes: administering the provision of our Site and Services, authenticating users access requests when they access our properties, providing customer support as required, detecting and preventing security incidents, debugging and fixing errors, maintaining and enhancing our Site and Services, allowing users to receive our commercial communications when they have agreed to receive them, marketing our Services and attributing engagement with our Site and Services to the applicable marketing campaigns.

We do act as data brokers or otherwise trade in your data. However, certain standard generally accepted business practices may be deemed as sale of data under the CCPA’s broad definition of “sale”, such as when we utilize third party service providers that provide us with services, while they retain certain ability to use your data for their own business needs (e.g. Google Analytics, fraud detection services, etc.).

For the purpose of the CCPA, in the last 12 months we may have 'sold' or 'shared' your Personal Information mentioned above with other parties as necessary for the purposes described above, for example:

1. Data analytics, advertising and marketing vendors
2. Service providers. such as hosting services, website functionality and operation services, marketing services.  
3. Third parties that collect information on our users through our Services for serving ads and marketing materials and related activities such as campaign measurement and analytics
4. Affiliates. Our corporate parent, subsidiaries, and other affiliates under the control of our corporate parent, for purposes consistent with this Policy or to operate shared infrastructure, systems and technology.
5. Law enforcement, government bodies, regulators and other parties for legal reasons. We may share your Personal Information with third parties as required by law or if reasonably necessary to (i) detect and investigate illegal activities and breaches of agreements; and/or (ii) exercise or protect the rights, property, or safety of the Company, our personnel or others.
6. Business transfers. Parties to transactions and potential transactions whereby we sell, transfer or otherwise share some or all of our business or assets, including your Personal Information, such as a merger, consolidation, acquisition, reorganization or sale of assets (including negotiations for such transaction), or in the event of bankruptcy or dissolution.
7. Professional advisors. Lawyers, immigration advisors, and other outside professional advisors.

If you are a California user, you have a right under the new definition of “sale” to request to opt-out of certain data transfers and sharing of personal activities which we operate. Please refer to “Your California Consumer Rights”, below for information on how you can exercise your rights.

4. California Privacy Rights: 

RIGHT TO ACCESS

If applicable, California consumers have the right to request access to the specific pieces of personal information we have collected about them in the last 12 months. You may make this request up to two times in a 12-month period.

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RIGHT TO REQUEST ADDITIONAL INFORMATION

If applicable, you may also request additional details about our information practices, including the categories of personal information we have collected about you, the categories of sources of such collection, the business or commercial purpose for collecting or selling personal information, the categories of third parties with whom we share and sell your personal information and the categories of personal information we have disclosed, shared and sold about you in the preceding 12 months. This information is provided in Section 7 (Additional Information for California Residents).

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RIGHT TO DELETE

If applicable, you also have the right to request deletion of your personal information, subject to certain applicable legal exceptions.

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RIGHT TO OPT OUT OF SALE OF PERSONAL INFORMATION

If applicable, you have the right to opt-out of sales of personal information and to receive equal service and price and not be discriminated against even if you exercise any of your CCPA rights (unless permitted by applicable law, such as if the differences are reasonably related to your information). Our Privacy Policy describes the limited circumstances in which we may share your information with third parties.

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 HOW TO MAKE A CCPA REQUESTS?

To make an access request, a deletion request or an “opt-out” of the “sale” request (as described above), please email  don@donbivens.com. Before completing your request, we may need to verify your identity or the identity of your authorized representative. We will send you a link to verify your email address and may request additional documentation or information solely for the purpose of verifying your identity. You have the right not to receive discriminatory treatment for the exercise of your privacy rights conferred by the CCPA.

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6.11. Right to lodge a complaint and appeal our decisions: 

All requests, complaints or queries may be addressed to us to the following email address: don@donbivens.com.

We will consider any requests, complaints or queries and provide you with a reply in a timely manner. We take our obligations seriously and we ask that any concerns are first brought to our attention, so that we can try to resolve them. To the extent you feel unsatisfied with our response to your request to exercise your rights, you may choose to send us a request to appeal our decision. If you are unsatisfied with our response, you can lodge a complaint with the applicable data protection supervisory authority.

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Please note that these rights are not absolute, and may be subject to the relevant applicable laws, our own legitimate interests and regulatory requirements.

Authorized agent

1. You can use an authorized agent to make a request to exercise your right under applicable laws on your behalf if:
   
   1. The authorized agent is a natural person or a business entity; and
   2. You sign a written declaration that you authorize the authorized agent to act on your behalf. If you use an authorized agent to submit a request to exercise your right, please provide us with a certified copy of your written declaration authorizing the authorized agent to act on your behalf using the contact information below.
      

2. The request must:
   
   1. Provide sufficient information to allow us to reasonably verify you are the person about whom we collected Personal Information or an authorized agent. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you; and
   2. Describe your request with sufficient details to allow us to properly understand, evaluate, and respond to it.
      

3. We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

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Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.