mastering the compliance inner game
Nothing in this Policy supersedes or changes our ethical obligations to clients and our duties of confidentiality under the applicable state bar rules governing attorneys. Our terms of professional engagement with clients may set forth more specific details regarding our handling of a client’s data and Personal Information. MCL’s engagement terms with clients supersedes this Policy to the extent there is any conflict.
A. HOW WE COLLECT PERSONAL INFORMATION
We may collect Personal Information from you in the following ways:
1. Your submissions. We collect Personal Information when you voluntarily submit information directly or indirectly to us. This can include information you provide to us when you complete a web-based form; correspond with us; subscribe to our mailing lists, newsletters, or other forms of marketing communications; use some feature of our Sites; click or otherwise respond to our social media advertising; request to be added to a professional or social media network (such as LinkedIn, Facebook, Instagram or Twitter) or accept an invitation from one of our media platforms; or when you interact with us by telephone or in person.
2. Your visit to our Sites. We may collect information when you access our Sites, including information about the browser and device you have used to access the Sites, your location (country and city), and what pages you have looked at on our Sites (“Browsing Behavior”).
3. From a client. We may collect Personal Information when, in the course of working with a client, we gather material relating to the representation that contains Personal Information.
4. From a third party. We may collect Personal Information other third-party providers, such as credit reporting services, referrals, mailing lists or information gathered from Internet communication or media providers, such as ClickFunnels, Keap, Facebook, LinkedIn, Twitter, Instagram, Vimeo, ScheduleOnce or Zoom, or gathered from parties to a transaction or adversarial proceeding.
5. Via Cookies and Other External Tools. Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. When you visit our Sites, we may collect information from you automatically through cookies or similar technology, such a social media plugins or other functions. For further information about cookies, visit allaboutcookies.org.
You can set your browser not to accept cookies, and the above websites tell you how to remove cookies from your browser. However, in a few cases, some of our Site features may not function as a result.
Our Sites may use the following cookies or external tools
Google Analytics. Some of our Sites use Google Analytics, which deposits cookies on your browser to collect and store Browsing Behavior when you access our Sites. You may prevent cookies from being placed by accessing your web browser’s settings. You may also opt out of providing Browsing Behavior to Google Analytics by using the Google Analytics Opt-out Browser Add-on, which is available at https://tools.google.com/dlpage/gaoptout. The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA. Further information and Google‘s applicable privacy regulations can be found at https://policies.google.com/privacy?hl=en and https://marketingplatform.google.com/about.
Google Tag Manager. Some of our Sites use Google Tag Manager. Google Tag Manager is a solution that allows marketed website tags to be managed using an interface. The Tag Manager tool itself (which implements the tags) is a cookie-less domain and does not register personal data. The tool causes other tags to be activated which may, for their part, register data under certain circumstances. Google Tag Manager does not access this information. If recording has been deactivated on domain or cookie level, this setting will remain in place for all tracking tags implemented with Google Tag Manager. The operator of Google Tag Manager is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043-1351, USA.
Facebook Tracking Pixel. Some of our Sites use Facebook's "tracking pixel". This pixel can be used to track user behavior after they have been redirected to one of our Sites by clicking on a Facebook or Instagram ad. This allows us to record the effectiveness of Facebook and Instagram advertisements for statistical and market research purposes and, if necessary, to take optimization measures. The data collected in this way is anonymous to us, i.e. we do not see the personal data of individual users. However, this data is stored and processed by Facebook, about which we will inform you to the best of our knowledge. Facebook may connect this data to the Facebook account and also use it for its own advertising purposes, according to its data usage policy. If you want to disable cookie storage for Facebook, you can do so via your browser settings.
Facebook Communication. Some of our Sites use Facebook communication tools, especially the "Custom Audiences" and "Website Custom Audiences" products. Basically, a non-reversible and non-personal checksum (hash value) is generated from your usage data, which can be transmitted to Facebook for analysis and marketing purposes. If you want to refuse the usage of Facebook’s “Website Custom Audiences”, you can do so by following this link: https://www.facebook.com/ads/Webseite_custom_audiences/.
Communication Applications. Some of our Sites use the services of Connect 365, MailChimp, Keap, Microsoft 365, ScheduleOnce and other applications to send both marketing and client-related communications. These services organize and analyze the distribution of communications (including marketing and client emails, newsletters, etc.). Some of your data may be stored on servers maintained by these companies. You may revoke your consent at any time by unsubscribing to our communications via the unsubscribe function or other instructions provided in our communication. The data processed before we receive your request may still be legally processed.
B. TYPES OF PERSONAL INFORMATION COLLECTED
The list below sets out the categories of Personal Information we may collect:
1. Contact Details. We may collect contact information such as your name, your gender, your email address, your organization, your title, telephone number, and your addresses.
2. Payment, Transaction, and Financial Information. We keep records of the services we have provided to you, including your billing information and payment history.
3. Browsing Behavior. We collect information about how visitors use our Sites. In some cases, this information may be linked to other Personal Information.
4. Participant Data. We may collect information from client participation in events, programs, surveys, consults, or social media activities offered through MCL or any of its services.
C. HOW WE USE YOUR PERSONAL INFORMATION
We use your Personal Information in the following ways:
1. To provide you (or someone else) with legal, coaching, mentoring, consulting, or other products and services, or as requested. We may use your Personal Information in the course of providing legal, coaching, mentoring, consulting, or other products and services to you or to another one of our clients. You may voluntarily provide Personal Information in response to a request for Personal Information on our Websites, such as a web-based form. We will use this Personal Information for the purposes provided in the request.
2. For Decision-Making & Recordkeeping. We use your Personal Information in the course of determining whether to accept you as a client or enter into a business relationship with you. If we have a relationship with you, we will use your Personal Information to identify you internally in connection with any matters relating to you.
3. To process invoices or orders. We will use your Personal Information when processing an order or invoice payment and to prevent fraudulent purchases.
4. To comply with our legal, professional, and ethical obligations. We will keep Personal Information as may be required by applicable laws, regulations, or professional rules.
5. To provide you with information about our products or services. We may use your Personal Information to communicate with you about products or services we are offering and to provide you with our newsletter.
6. To provide you with information about others’ services and to act on your behalf. We may use your Personal Information to engage with other businesses who may be able to help you, such as, but not limited to, when we engage an advisor, consultant, document service, information technology provider, or other service provider that may act on our behalf or yours, or when purchasing or subscribing to products or services that are necessary to support your interests, such as document management, hosted IT environments, or data compliance tools.
7. To improve our Website. We may use Personal Information you indirectly submit to us by visiting our Websites to make changes that improve the functionality of our Sites on your browser or device.
8. For storage and backup. We store all Personal Information we collect as detailed in the Where and How Your Personal Information Is Stored section below.
9. For marketing and lead generation purposes. When you visit our Sites, we use personal information obtained from you to provide you with information about our products and services. You may unsubscribe from these communications at any time.
D. WHO SEES YOUR PERSONAL INFORMATION
Your Personal Information may be accessed by the following people or entities:
1. MCL Personnel, affiliates and any subsidiaries. MCL Personnel (any employee, agent, contractor or vendor of MCL), MCL’s affiliated companies and our subsidiaries (i.e. any organization MCL may own or which is under common control with MCL) may have access to any Personal Information that is necessary to perform MCL’s or their professional duties.
2. Our service providers. Your Personal Information may be accessed by third parties who provide a service to us, including server providers, document management contractors, and any of the providers listed above in Section C (6), and/or affiliated companies. These third parties will only be allowed to use your Personal Information in accordance with our instructions and will be required to store and/or dispose of your information pursuant to an agreement that we reasonably determine is appropriate to the circumstances.
3. Purchasers of our business. Personal Information may be disclosed or transferred to buyers or prospective buyers of our business or any part of our assets as part of any such proposed sale, including to their professional advisors, lawyers, or accountants.
4. Law enforcement, regulators, and other parties for legal reasons. We may disclose your Personal Information to a court, regulatory authority, law enforcement agency, or other third party when we are legally required to do so by law or when we must disclose your Personal Information to protect our rights, property, or safety or to protect the rights, property, or safety of others. We may also disclose Personal Information to third parties to help detect or investigate illegal activities and breaches of any agreement we have with you.
E. PROCESSING YOUR PAYMENT
When you purchase any of the goods or services we offer, we may use LawPay and Stripe, third party payment processors, to process your order.
F. USING YOUR PERSONAL INFORMATION FOR MARKETING
From time to time we may contact you with information about our products and services or those offered by an affiliate. If you do not want to receive marketing messages from us, you are always able to do so by directly contacting us by using the details set out in the Contacting Us section below or by using the unsubscribe function or other instructions provided in the communication. You can also change your marketing preference later by following the instructions on the communication.
G. WHERE AND HOW YOUR PERSONAL INFORMATION IS STORED
Once we determine there is no longer a need to keep your data or your account is closed or becomes inactive, we will either anonymize your data or dispose of your data in a way that we reasonably determine is appropriate for the circumstances.
We store your Personal Information in the following ways:
1. Physically. We may keep physical copies of your Personal Information at our offices or otherwise in our possession.
2. On MCL personnel’s devices. MCL Personnel may access your Personal Information via their own computers, tablets, or mobile devices. However, it is our firm policy that all Personal Information or confidential information must only be stored on a password-protected device.
3. On your device. We may store information (which may include Personal Information) locally on your device using cookies and other browser and application storage methods. For further information please see the section above on “How We Collect Personal Information.”
4. Personal Information may be stored in, or transferred to, countries outside of the jurisdiction in which you reside – Specifically in the US. We are a US-based law firm. The laws of the US may offer less protection to your Personal Information than the jurisdiction in which you reside. If you are submitting personal information to us, then you are granting us permission to process and store your information in the US.
H. HOW YOUR PERSONAL INFORMATION IS SECURED
We take the following steps to secure your Personal Information:
1. Technical Safeguards. We keep your electronically stored Personal Information in secure online and offline facilities and implement appropriate measures to protect your Personal Information against accidental or unlawful destruction, loss, change, damage, or unauthorized access.
2. Organizational Safeguards. We maintain security policies that govern all Personal Information. All MCL Personnel are made aware of these policies, and we have procedures in place to train MCL Personnel on implementing these policies. Failure to properly secure confidential and/or Personal Information results in discipline. MCL periodically assesses compliance with these policies.
I. ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION
We provide you with access to the information we collect and store about you – however, this is subject to and limited by our ethical obligations, including the attorney/client privilege and attorney work product limitations (“Legal Privileges”). Nothing herein shall provide you with any right that would interfere with or compromise our clients’ Legal Privileges. If none of these Legal Privileges apply, then you may contact Gaye Montgomery at [email protected] about:
1. Processing. You have the right to object to or restrict how MCL is using or sharing your Personal Information, under certain conditions.
2. Access. You have a right to request copies of your Personal information.
3. Rectification. You have the right to request that MCL correct any inaccurate Personal Information or complete any Personal Information you believe is incomplete.
4. Erasure. You have the right to request that MCL block or delete your Personal Information, under certain conditions.
5. Portability. You have the right to ask that we transfer the information you gave us to another organization, or to you, in certain circumstances.
We will not disclose any sensitive Personal Information to a third party or use your sensitive Personal Information for any purposes other than those listed in this policy without first obtaining your consent.
To exercise any of the above rights, or if you have any questions relating to your rights, please contact us by using the details set out in the Contacting Us section below. Please provide as much information as you can about the request; we have one month to respond to you.
J. CONTACTING US
If you have any questions regarding this policy, or need to contact us for any other reason, you may contact Gaye Montgomery at [email protected].
K. HOW TO RESOLVE YOUR PRIVACY-RELATED COMPLAINTS
If you have a privacy-related concern or complaint, please contact us using the information above and we will attempt to address your concerns.
L. CHANGES TO THIS POLICY
M. NOTICE TO YOU