PRIVACY POLICY
Our Privacy Policy was last updated on January 10, 2022.
Overview
This privacy policy explains how Gail M Bennett Legal, PLLC dba The Vital Lawyer (“The Vital Lawyer,” “We”, “Us” and “Our”) collects, uses and discloses information about You, as defined under Definitions below, when You use Our websites and online services including our webinars, zoom calls, and continuing legal education courses (collectively, the “Services”), when you meet with Us, attend Our events or when You otherwise interact with Us. In some cases, we may provide separate or additional privacy notices, in which case those privacy notices will govern.
By using the Services, You agree for yourself and if you are acting in as an employee of an organization, on behalf of Your organization, to the collection and use of information in accordance with this Privacy Policy.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions will have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Privacy Policy:
● "Account" means a unique account created for You to access or use Our Services or parts of Our Services.
● "Cookies" are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
● "Device" means any device that can access the Services such as a computer, a cell phone or a digital tablet.
● "Personal Data" is any information that relates to an identified or identifiable individual. For the purposes of GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
● "Services Provider" means any natural or legal person who processes the data on behalf of the The Vital Lawyer. It refers to third-party companies or individuals used by The Vital Lawyer to facilitate the Services, to provide the Services (including without limitation our presenters and facilitators), to perform services related to the Services or to assist The Vital Lawyer in analyzing how the Services are used. For the purpose of the GDPR, Services Providers are considered Data Processors.
● "Usage Data" refers to data collected automatically, either generated by the use of the Services or from the Services infrastructure itself (for example, the duration of a page visit).
● "Website" refers to The Vital Lawyer Website, accessible from www.thevitallawyer.com
● "You" means the individual accessing or using the Services, or other legal entity on behalf of which such individual is accessing or using the Services, as applicable. Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User as you are the individual using the Services.
Collecting and Using Your Personal Data
Types of Data Collected
Personal Data
While using Our Services, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
● Email address
● First name and last name
● Phone number
● Address, State, Province, ZIP/Postal code, City
● State Bar numbers or other practice information
● Usage Data
Usage Data
Usage Data is collected automatically when using the Services.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Services that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Services by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data. We may also collect information that Your browser sends whenever You visit our Services or when You access the Services by or through a mobile device.
Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on Our Services and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Services. The technologies We use may include:
● Cookies or Browser Cookies. A cookie is a small file placed on Your Device. Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Most web browsers are set up to accept cookies by default. If you prefer, You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts or all of our Services. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Services may use Cookies.
● Web Beacons. Certain sections of our Services and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit The Vital Lawyer, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Use of Your Personal Data
The Vital Lawyer may use Personal Data for the following purposes:
● To provide and maintain our Services: To provide the Services, including to monitor the usage of our Services.
● To manage Your Account: To manage Your registration as a user of the Services. The Personal Data You provide can give You access to different functionalities of the Services that are available.
● For the performance of a contract: The development, compliance and undertaking of the purchase contract for the products, items or Services You have purchased or of any other contract with Us through the Services.
● To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted Services, including the security updates, when necessary or reasonable for their implementation.
● Email Marketing: To provide You with news, special offers and general information about other goods, Services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
● To manage Your requests: To attend and manage Your requests to Us.
● For business transfers: We may use Your information to evaluate or conduct a merger, divestiture,
restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Services users is among the assets transferred.
● For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services, products, Services, marketing and Your experience.
We may share Your Personal Data in the following situations:
● With Services Providers: We may share Your personal information with Services Providers to monitor and analyze the use of our Services, for payment processing, and to contact You in connection with the Services and with other related products and services that the Services Providers may offer.
● For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of The Vital Lawyer assets, financing, or acquisition of all or a portion of Our business to another The Vital Lawyer.
● With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Gail M Bennett Legal PLLC and any subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
● With business partners: We may share Your information with Our business partners to offer You products, Services or promotions.
● With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed within and outside the Services.
● With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Additional Disclosures
In addition to the above sharing of Your Personal Data, The Vital Lawyer may share or disclose Your Personal Data in the good faith belief that such action is necessary to:
● Comply with a legal obligation
● Protect and defend the rights or property of The Vital Lawyer
● Prevent or investigate possible wrongdoing in connection with the Services
● Protect the personal safety of Users of the Services or the public
● Protect against legal liability
Retention of Your Personal Data
When you provide Personal Data or other information through our Services, we will maintain your Personal Data and information for our records unless and until you ask us to delete this information.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at The Vital Lawyer's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
The Vital Lawyer will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
Security of Your Personal Data
The security of Your Personal Data is important to Us, however, remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Third Party Service Providers
The Services Providers We use may have access to Your Personal Data. In addition to other services that Services Providers may provide, we may use third-party Services providers to monitor and analyze the use of our Services. Services Providers collect, store, use, process and transfer information about Your activity on Our Services in accordance with their Privacy Policies.
Links to other Websites
We may provide links to other Websites and content through our Services. This Privacy Policy is not applicable to any third party Websites or content. Any such Websites and content may be subject to third party privacy policies and other terms and conditions. The Vital Lawyer takes no responsibility for such third party Websites or content.
Payments
We may provide paid products and/or Services within the Services. In that case, we may use third-party Services Providers for payment processing (e.g. payment processors).
We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
GDPR Privacy Policy
Legal Basis for Processing Personal Data under GDPR
We may process Personal Data under the following conditions:
● Consent: You have given Your consent for processing Personal Data for one or more specific purposes.
● Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement
with You and/or for any pre-contractual obligations thereof.
● Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which
The Vital Lawyer is subject.
● Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another
natural person.
● Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests
pursued by The Vital Lawyer.
At your request, The Vital Lawyer will gladly help to clarify the specific legal basis that applies to the processing.
Please contact gail@thevitallawyer.com to discuss any clarification.
Your Rights under the GDPR and this Privacy Policy
The Vital Lawyer undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.
You have the right under this Privacy Policy, and by law if You are within the EU, to:
● Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.
● Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected.
● Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.
● Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
● Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.
● Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Services.
Exercising of Your GDPR Data Protection Rights and Rights under this Privacy Policy
You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.
You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.
Changes to this Privacy Policy
We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.
We will let You know via email and/or a prominent notice on Our Services, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, You can contact us:
● By visiting this page on our website: Contact Us | The Vital Lawyer
● By sending us an email: gail@thevitallawyer.com