Working with an Estate Planning Attorney typically requires you to provide highly personal or private information. Please read this Privacy Policy carefully before using the Site. Do not send any information via this website unless otherwise directed to do so.
This Privacy Policy is organized into the following sections:
2. Children’s Online Privacy Protection Act Compliance
3. What Information We Collect
4. How We Collect the Information
5. How We Use & Share the Information
6. Other Information We Collect Through Automatic Data Collection Technologies
8. How We Secure the Information
10. Electronic Newsletter Policy
11. Account Credentials & Passwords
12. European Union Resident Rights
13. California Resident Rights
1. Privacy Policy Consent
Welcome to https://www.obrienestatelaw.com/ or https://www.obrienestateplanning.com/. This Privacy Policy governs your use of our websites, app, email, text messaging, other forms of electronic messaging, offline activities, in-person events, and third-party partners or vendors (the “Site”).
The Site is owned and operated by O’Brien Estate Law, LLC (the “Company,” “we,” or “us”). The term “you” refers to the user or viewer of the Site, whether as a guest or a registered user.
We respect your privacy and are committed to protecting it. This Privacy Policy notifies users and viewers of the Site how and why we collect, use, share and secure your Personal Data or Personal Information (as defined below).
By using the Site, or by clicking to accept or agree to our Terms when this option is made available to you, you accept and agree to be bound by this Privacy Policy, whether or not you have read it. If you do not agree to this Privacy Policy, please immediately leave the Site and stop using its Content. If you choose not to provide us with certain Personal Data, you may not be able to participate in certain aspects of the Site or its content and services offered on or through the Site.
2. Children’s Online Privacy Protection Act Compliance
We are committed to protecting the online privacy of children. The Site is not intended for use by children under eighteen (18) years of age. The Site is not directed at children under the age of 18 and we will not knowingly collect or maintain Personal Data from children under the age of 18. Children under the age of 18 are not permitted to register as a user of the Site or to receive electronic communications from us.
If you have questions or concerns about protecting your child’s privacy online, we encourage you to check out http://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online.
3. What Information We Collect
We and our third-party service providers currently collect and process personally identifiable information (also referred to as “Personal Data”), so that we can provide you with a meaningful experience when utilizing the Site, its content and products and/or services offered on or through the Site, including your:
· Contact information, i.e., first and last name, email address, phone number, mailing address;
· Billing information, i.e., card holder name, credit or debit card number, expiration date, security code, billing address;
· Demographic information, i.e., date of birth, age, gender, race, nationality, marital status, number of children (if any), educational history, employment history, income; and
· Account log-in credentials, i.e., your email address or username and password when you sign up for an account with us.
· Company information, i.e., Company name, industry, title or position, occupation, company contact information such as email address, phone number, mailing address;
· Interest, i.e., interests, hobbies, lifestyle, social media details, political affiliation, religious affiliation;
· User comments and preferences, i.e., photographs, comments, uploads, feedback, reviews, testimonials and original content;
· Communication, i.e., emails from form submissions requesting appointments, services, or assistance.
Personal Data does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.
We generally collect the minimum amount of Personal Data necessary to fulfill our contractual relationship with you and/or comply with a legal obligation to you and/or fulfill a legitimate business purpose or interest. We use information you provide to us to deliver the requested product and/or service, to maintain the Site’s high quality, to improve our overall performance, and to provide you with information, offers and promotions.
4. How We Collect the Information
This Privacy Policy applies to information we collect when you use or interact with the Site or otherwise communicate with us where we collect your Personal Data. We may collect Personal Data in a variety of ways. Most of the Personal Data we collect is provided to us directly and voluntarily from you through one of the following ways:
· Communicating with us through the Site;
· Communicating with us through mobile application(s);
· Communicating with us via contact forms;
· Communicating with us via scheduling applications;
· Communicating with us via email;
· Communicating with us via text messaging;
· Subscribing to our electronic newsletter;
· Registering to download electronic resources;
· Responding to surveys or quizzes;
· Search queries on our search feature;
· Providing comments, reviews or testimonials;
· Registering for an event;
· Purchasing a product or service through the Site;
· Purchasing a product or service from an affiliate or co-branded offer; and/or
· From third-party partners or vendors, i.e., GoDaddy, Google forms, Calendly, Kartra, Stripe, Square, and/or PayPal.
5. How We Use & Share the Information
We may use the Personal Data we collect in the following ways:
· To fulfill our obligations to you as presented when you provided the information;
· To process your payment for the purchase of our products and/or services;
· To fulfill your purchase of our products and/or services;
· To respond to an inquiry you made about our products and/or services;
· To respond to your requests for customer support;
· To enhance and optimize your personal experience;
· To inform you of products and services you may find valuable;
· For marketing and advertising purposes;
· For automated email funnel marketing;
· For targeted social media advertisements;
· To inform you of any promotional offers we may have;
· To deliver our electronic newsletter to you, which you subscribed to;
· To identify flaws and bugs within our system;
· To comply with security, fraud, and legal requirements;
· For our internal records, tracking and business purposes; and/or
· To notify you about changes to the Site.
We may share the Personal Data we collect with third parties in the following ways:
· Sharing your information with trusted service providers, which are necessary for us to run our business and who process your information for us on our behalf, who provide services such as Site hosting, Site development, email delivery, data analysis, information technology and related infrastructure provisions, marketing, customer service, payment processing and other services.
· Sharing your information with trusted third parties, related to or associated with the running our business, where it is necessary for us to do so, including our: business partners, marketing partners and affiliates, independent contractors, financial advisors, lawyers, and/or business coaches and consultants.
· Sharing your information with a successor organization to undergo a prospective or actual business transaction, such as a merger, acquisition, sale or similar business event.
· Sharing your information with trusted third parties with your prior consent.
Below is a non-exhaustive list of some of the third-party partners and vendors we may share your data with to provide our services and conduct business:
· Google Analytics. Google Analytics is a tool used to discover user demographics and behavior. You can reference Google’s privacy policy regarding how they handle information collected by visiting https://policies.google.com/privacy.
· Google Drive. Google Drive is a file storage and synchronization service, including Google Docs, Google Forms and Google Sheets. Google’s policies regarding data collection are outlined here: https://policies.google.com/privacy.
· Calendly. Calendly is a scheduling application. Its policies regarding data collection are outlined here: https://calendly.com/pages/privacy.
· GoDaddy. GoDaddy is a website hosting and payment processor for businesses. Its policies regarding data collection are outlined here: https://www.godaddy.com/legal/agreements/privacy-policy
· Square. Square is a payment processor for businesses. Its policies regarding data collection are outlined here: https://square.com/privacy.
· PayPal. PayPal is a payment processor for businesses. Its policies regarding data collection are outlined here: https://paypal.com/us/privacy.
This list is subject to change at our discretion. If you would like more information about our third-party partners, please visit their specific privacy policy pages that describe their practices.
6. Other Information We Collect Through Automatic Data Collection Technologies
As you navigate through the Site, we and our service provider partners and/or social media network partners may automatically collect and process other information through the use of automatic data collection technologies, including standard cookies features of major web browsers, flash cookies, web beacons and other automatic data collection technologies.
The information we collect automatically does not include personally identifiable information or does not directly relate to an individual. In some (but not all) countries, including countries in the European Economic Area (“EEA”), this information may be considered Personal Data under applicable data protection laws.
Typically, we generally collect information about your equipment, your computer’s Internet Protocol (“IP”) address, your browsing history, search history and traffic patterns through the Site, the Sites visited just before and just after the Site and any communications between your computer and the Site. This automatic data collection does not follow a user’s activities on any other Sites. The information we collect automatically is used for statistical data to improve the Site so that we can provide you with a meaningful experience when utilizing the Site, its content and services offered on or through the Site. The information is used to display content according to your preferences and to recognize you when you return to our Site. The use of these automatic data technologies also helps us to store and manage user account data. Anonymous traffic data may also be shared with business affiliates and advertisers on a deidentified or aggregated basis.
You may choose to disable cookies through your own web browser’s settings. If you choose to send a “do not track” signal, we do not take action in response to “do not track” signals.
7. Links to Third Party Sites
For your convenience, we may link to third-party Sites and services, or otherwise display third-party content through the Site. These links take you off our Site and are beyond our control. Please note that these other Sites may send their own cookies to users, collect data, or solicit Personal Data. We urge you to review the equivalent data protection, privacy, and cookie policies available on their Sites. We do not accept any responsibility or liability for the data protection of privacy practices of third parties in relation to such Sites and your use of third-party Sites is entirely at your own risk.
8. How We Secure the Information
We take commercially reasonable steps to protect and secure the Personal Data and general information you provide to us from misuse, disclosure or unauthorized access. We only share your Personal Data with trusted third parties who use the same level of care in processing your Personal Data as we do.
That being said, we cannot guarantee that your Personal Data will always be secure due to technology or security breaches. Whenever you give out Personal Data online there is a risk that third parties may intercept and use that information. While we strive to protect your Personal Data and privacy, we cannot guarantee the security of any information you disclose online. Should there be a data breach of which we are aware, we will inform you immediately.
By using the Site and/or otherwise providing us your Personal Data online, you expressly acknowledge and agree that we cannot guarantee the security of any data provided to or received by us online and that any Personal Data, general information, or other data or information received from you online is provided at your own risk. We are not liable for any damages arising out of, or in any way connected with, a third party’s unauthorized access to your information.
9. Anti-Spam Email Policy
We have taken the necessary steps to ensure that our email communication practices are compliant with the CAN-SPAM Act of 2003.
You may opt-out of our email communications at any time through the “unsubscribe” link at the footer of our email communications. If you have questions, or are experiencing problems unsubscribing, please contact us at info@ obrienestatelaw.com.
10. Electronic Newsletter Policy
If you choose to volunteer your information to us for email marketing purposes, including your name and email, we may retain your information to record and support your participation in the activities you select. As a visitor to the Site, you can engage in most activities without providing any Personal Data. It is only when you seek to download electronic resources, register for products or services and/or purchase products or services that you are required to provide information.
If you are outside the European Union and opt to receive electronic resources, participate in any free training programs, register for a webinar, register for a live event, or purchase any products and/or services sold by us on the Site, we will automatically enroll you to receive our free electronic newsletter. If you do not wish to receive this e-newsletter, you can unsubscribe anytime. We include an “unsubscribe” link at the bottom of every email we send. If you ever have trouble unsubscribing, you can send an email to info@ obrienestatelaw.com, requesting to unsubscribe from future emails.
If you are in the European Union and opt to receive electronic resources, participate in any free training programs, register for a webinar, register for a live event, or purchase any products and/or services sold by us on the Site, we will only enroll you to receive our free electronic newsletter if you affirmatively consent to it. If you do not wish to receive this e-newsletter, you can unsubscribe anytime. We include an “unsubscribe” link at the bottom of every email we send. If you ever have trouble unsubscribing, you can send an email to info@ obrienestatelaw.com, requesting to unsubscribe from future emails.
11. Account Credentials & Passwords
To use certain features of the Site or its Content, you may need a username and password. You are solely responsible for maintaining the confidentiality of the username and password for your account. We cannot and will not be liable for any loss or damage arising from your failure to protect your username, password or account information. If you share your username or password with others, it is at your own risk as they may be able to obtain access to your Personal Data. We will use our best efforts to keep your username and password private and will not otherwise share your password without your consent, except as required by law.
12. European Union Resident Rights
Your Data Protection Rights (EEA Visitors/Consumers Only). If you are a resident of the European Economic Area (EEA), including European Union, pursuant to the General Data Protection Regulation (GDPR), you have rights including:
· Your right of access – You have the right to access your Personal Data and to receive information about its use.
· Your right to rectification – You have the right to ask us to rectify or correct Personal Data you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
· You right to request deletion – You have the right to ask us to delete Personal Data we collected from you in certain circumstances.
· Your right to restriction of processing – You have the right to ask us to restrict the processing of your Personal Data in certain circumstances.
· Your right to object to processing – You have the right to object to the processing or use of your Personal Data in certain circumstances.
· Your right to data portability – You have the right to ask that we transfer the information you gave us to another organization, or to you, in certain circumstances.
· Your right to withdraw consent – You have the right to withdraw your consent to the use of your information at any time.
· Your right to complain – You have the right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred.
You are not required to pay any charge for exercising your rights. If you make a request, we have one (1) month to respond to you. If you wish to make a request, please contact us using the contact details provided under the “How To Contact Us” section below.
By providing your Personal Data to us, you are giving consent for us to collect, use and process this Personal Data. You are able to remove your consent at any time, to opt-out or request for us to delete your Personal Data by contacting us at info@ obrienestatelaw.com.
Data Retention (EEA Visitors/Consumers Only). We retain your Personal Data for the minimum amount of time necessary to provide you with the information, products and/or services that you requested from us. We may retain certain Personal Data for longer periods of time if necessary for legal, contractual and/or legitimate business obligations.
Data Transfers (EEA Visitors/Consumers Only). It is important to note that we may transfer data internationally. For users in the European Union/EEA, please be aware that we transfer Personal Data outside of the European Union/EEA. By using the Site and providing us with your Personal Data, you accept the terms of this Privacy Policy. By accepting the terms of this Privacy Policy, you acknowledge, agree and consent to (1) the transfer and processing of Personal Data on servers located outside of the country where you reside and (2) our collection and use of your Personal Data as described herein and in accordance with the data protection laws of the United States, which may be different and may be less protective than those in your country.
Legal Basis for Processing Personal Information (EEA Visitors/Consumers Only). If you are a user located in the EEA, our legal basis for collecting and using the Personal Data described above will depend on the Personal Data concerned and the specific context in which we collect it. We will normally collect Personal Data from you only (1) where we have your affirmative consent to do so, (2) where we need the personal information to perform a contract with you, or (3) where the processing is in our legitimate business interests. In some cases, we may also have a legal obligation to collect Personal Data from you.
If we ask you to provide Personal Data to comply with a legal requirement or to enter into a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Data is mandatory or not (as well as of the possible consequences if you do not provide your Personal Data). Similarly, if we collect and use your Personal Data in reliance on our legitimate business interests, we will make clear to you at the relevant time what those legitimate business interests are.
If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Data, please contact us using the contact details provided under the “How To Contact Us” section below.
13. California Resident Rights
This section provides information for California residents pursuant to the California Consumer Privacy Act (“CCPA”). Currently, we are not offering services for California residents. However, to the extent a California resident interacts with us or our site, this section will apply.
California Consumer Privacy Rights. As of January 1, 2020, California residents, as defined under the CCPA, have rights related to your Personal Information (defined below) including:
· Your right to request disclosure – You have the right to request that we disclose to you the following information covering the twelve (12) months preceding your request:
· The Categories of Personal Information we collected about you and the Categories of Sources from which Personal Information is Collected;
· The specific pieces of Personal Information we collected about you;
· The business or commercial Purposes for collecting Personal Information about you; and
· The categories of Personal Information about you that we disclosed and/or sold and the categories of third parties to whom we disclosed and/or sold such Personal Information.
· Your right to opt out – You have the right to opt-out of the sale of your Personal Information, subject to certain exclusions under the CCPA.
· Your right to be free from discrimination – You have the right to be free from unlawful discrimination for exercising your rights under the CCPA.
If you wish to make a request for the disclosures described above, please contact us using the contact details provided under the “How To Contact Us” section below. If you wish to opt of the sale of your Personal Information, please contact us with the subject, “Do Not Sell My Personal Information,” using the contact details provided under the “How To Contact Us” section below.
If you make a request, we have thirty (30) days to respond to you as required by law. In some instances, we may decline to honor your request where, for example, we are unable to verify your request or where an exception applies, such as where the disclosure of Personal Information would adversely affect the rights and freedoms of another California resident.
Categories of Personal Information We Collect. Under the CCPA, “Personal Information” generally means information that identifies, relates to, or describes a particular California resident or household and includes the categories listed below. Within the last twelve (12) months, we have or may have collected the following categories of information from our users and/or consumers:
· Identifiers;
· Customer Records Personal Information, as defined in Cal. Civ. Code 1798.80(e);
· Classifications of information protected under California or federal law;
· Commercial information, such as transaction information and purchase history;
· Biometric information;
· Internet or electronic network activity information, such as browser history or information collected through cookies, pixel tags and other automatic data collection technologies;
· Geolocation data, such as device location, limited only to a city-wide area;
· Sensory data;
· Professional or employment information;
· Education information; and
· Consumer inferences drawn from any of the Personal Information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics.
Categories of Sources from which Information is Collected. We collect the categories of Personal Information listed above from the following categories of sources: directly from you, as detailed in the “How We Collect the Information” section above; directly and indirectly through automatic data collection technologies, as detailed in the “Other Information We Collect Through Automatic Data Collection Technologies” section above.
Purposes. We may use this Personal Information to operate, manage, and maintain our business, to provide our products and services, and to otherwise accomplish our business purposes and objectives. Our business purposes and objectives include, for example, providing our products and services; developing, improving, and maintaining our products and services; personalizing, advertising, and marketing our products and services; conducting research and data analysis; undertaking quality assurance measures; conducting risk and security control and monitoring; detecting and preventing fraud; performing identity verification; performing accounting, audit, and other internal functions, such as internal investigations; complying with law, legal process, and internal policies; maintaining records; and exercising and defending legal claims.
Disclosures of Personal Information. The Personal Information of adult accountholders may be disclosed:
· To our third-party service providers as detailed in the “How We Use & Share the Information” section above.
· By you, on profile pages and other services to which you are able to post information and materials. Please note that any information you post or disclose through these services will become public and may be available to other users and the general public. We urge you to be very careful when deciding to disclose any information on the Services.
Sale of Personal Information. Within the last twelve (12) months, we have not sold Personal Information. For purposes of this CCPA Notice, “sale” means the disclosure of Personal Information for monetary or other valuable consideration, but does not include, for example, the disclosure of Personal Information to an acquiring entity and its advisors and/or the transfer of Personal Information as an asset that is part of a merger, acquisition, sale or other disposition of all or any portion of our business.
14. How to Contact Us
O’Brien Estate Law, LLC is the owner, operator and data controller of the Site. O’Brien Estate Law, LLC is an Illinois limited liability corporation.
If you have questions about this Privacy Policy, please contact us in writing at: Tim O’Brien LLC., 205 N. Michigan Ave., Suite 810, Chicago, Illinois 60601, United States of America; or by email to: info@ obrienestatelaw.com.
15. Notification of Changes
We reserve the right, at our sole discretion, to change, modify or otherwise alter the Site, its content and this Privacy Policy at any time, with or without notice. In the event of a material change to our Privacy Policy, we will notify you via email or a prominent notice on the Site.
Last Updated: August 2023
Copyright Tim O’Brien LLC All rights reserved.
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