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Legal Disclaimer & Privacy Policy

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Legal Disclaimer & Privacy Policy

Legal Disclaimer
The materials on this website are not intended to and do not constitute legal advice or a solicitation for the formation of an attorney-client relationship and no attorney-client relationship is created through your use of this site or your receipt of these materials.
 

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Privacy Policy
Last Updated: January 1, 2020

Purpose

Berliner Cohen, LLP (“Berliner” or “we” or “us” or “our”) respects the privacy of our clients and Website users and has developed this Privacy Policy to help explain who we are, how we collect, share and use personal information and other information that we may collect through our website at www.berliner.com (“Website”) or through engagement of our services.  Berliner has updated this policy in effort to comply with the Privacy Notice requirements of the California Consumer Privacy Act (CCPA).  Please read this Privacy Policy in full and feel free to contact us with questions about this policy anytime at privacy@berliner.com .

DISCLAIMER: By using our Website you consent to our collection and use of your information as described in this Privacy Policy.  If you are accessing this Website outside of the United States of America, read this notice now.

What does Berliner Cohen, LLP do?

Berliner Cohen is a California-based law firm serving the business and regulatory needs of private business and public agencies.  Berliner Cohen is headquartered in San Jose, California with other offices in Modesto, Merced, and Mariposa, California.   Attorneys at Berliner Cohen are licensed to practice law in various jurisdictions within the United States of America (USA). 

Information We Collect Through Our Website

  • Information you provide to us voluntarily – Certain features on our Website may ask you to provide your personal information voluntarily.  For example, we may ask you to provide your business contact information (Name, Email Address, and/or Phone Number) in order to subscribe to our mailing list to receive legal news and insights. 
  • Cookies and Advertising Technologies – We may use various technologies to collect and store information when you visit our Website, including cookies or similar technologies to identify your browser or device.  Some cookies may be required for users to operate and navigate the website.  You may set your browser to block all cookies, including cookies associated with our Website.  You can learn more about cookies at www.allaboutcookies.org and www.aboutads.info/choices
  • Log Information – When you use our Website, we may automatically collect and store certain information in server logs.  This log information may include: details of how you used our Website, Internet protocol (IP) address, device event information, as well as cookies that may uniquely identify your browser.
  • Device Information – We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number).

 

How We Use Personal Information Collected from Our Website and Why

Berliner may use information we collect from our Website, including information that you provide to us to: (1) inform you about our services; (2) send marketing communications; (3) respond to your requests for information; (4) allow you to sign up for our mailing list; (5) invite you to upcoming events and; (6) to improve our Website quality, offerings and capabilities. 

For example, we may use your email address to respond to your inquiry from the “Contact Us” feature on our Website.

Information We Collect From Our Clients

Category of Personal Information (PI)

Specific Pieces of PI

Business Purpose for Using the PI

Commercial Purpose for Using PI

Sources from which Berliner Collected PI

Categories of Third Parties to Whom Berliner Sold PI

Categories of Third parties with Whom Berliner Discloses PI

Personal Identifiers

Personal identifying information includes: Legal Name, Address, Phone Number, Email Address, Date of Birth and Social Security Number.

Perform legal services on behalf of our clients; perform our contract with a client; and investigate, defend, prosecute or make a claim.

To communicate with clients, provide legal services, representation and advice, and process payments.

Personal identifying information is collected from Berliner’s clients.

Berliner does not sell the information to third parties.

The information is shared with cloud service providers, payment processors, and internet service providers.  The information may be disclosed to a government agency, to the courts, and others to fulfill our legal services and obligations.

Commercial Information

Commercial Information includes records of personal property, credit card number and CVV code information.

To fulfill contractual obligation with our clients.

To provide legal services or process a payment.  Note – Berliner does not store credit card information obtained to process a payment.

Commercial information is collected from Berliner’s clients.

Berliner does not sell the commercial information to third parties.

Berliner shares the commercial information with its payment processors.

Customer Records Information

Customer records information includes: Name, signature, driver’s license, insurance policy number, education, employment, medial information and health information.

Perform legal services on behalf of our clients; perform our contract with a client; and investigate, defend, prosecute or make a claim.

To provide legal services, representation and advice.

Customer Records information is collected from Berliner’s clients, public records or consumer reports.

Berliner does not sell the information to third parties.

The information may be disclosed to a government agency, to the courts, and to others to fulfill our legal services and obligations.  In connection with a legal filing the information may be disclosed to a filing vendor or process server.

Characteristics of Protected Classifications under CA or federal law

Characteristics of protected classifications under California or federal law includes: race, religion, sexual orientation, gender identify, gender expression, age.

Perform legal services on behalf of our clients, perform our contract with a client, and investigate, defend, prosecute or make a claim.

To provide legal services, representation and advice.

Characteristics of protected classification information is collected from Berliner’s clients.

Berliner does not sell the information to third parties.

The information may be disclosed to a government agency, to the courts, and to others to fulfill our legal services and obligations.  In connection with a legal filing the information may be disclosed to a filing vendor or process server.

Professional or Employment Related Information

Current and historical employment information, including: job titles, tax ID, degrees or certifications held, or other personal information maintained in personnel files.

Perform legal services on behalf of our clients, perform our contract with a client, and investigate, defend, prosecute or make a claim.

To provide legal services, representation and advice.

Commercial information is collected from Berliner’s clients.

Berliner does not sell the commercial information to third parties.

The information may be disclosed to a government agency, to the courts, and to others to fulfill our legal services and obligations.  In connection with a legal filing the information may be disclosed to a filing vendor or process server.

 

 

Clients of Berliner have contractual agreements with the firm outlining the scope of legal services which include details about our document retention policies. 

Berliner uses information we collect from our Clients to perform legal services on their behalf, including information Clients provide to us to investigate a claim, defend an action or provide legal advice.  If you are a Client of Berliner you have a legal right to your client file, separate from the CCPA. Please contact your attorney at Berliner if you have any questions.

 

When We Share Personal Information

Berliner may disclose personal information:

  • With contractors and vendors who provide services on our behalf to support our business and this Website; or
  • When we believe we need to do so to comply with the law, for example to cooperate with law enforcement, to obtain legal remedies or relief, and to protect the rights, property, or safety of Berliner, our clients, customers, employees or others; or
  • When we believe we need to do so to perform legal services on behalf of our clients; or
  • For any other reason with your consent or at your direction to use your information in a particular way.

Third Party Websites

Our Website may contain links to third party websites, such as LinkedIn, Facebook, Twitter, and Ally Law.  These links to third party websites are not part of our Website, and we do not control the content on these websites or any third party’s privacy policy.  We encourage you to read the privacy policy for all third party websites before you use their website or share any personal information.

Information You Must NOT Provide on this Website

  • Do NOT provide sensitive personal information about yourself or anyone on our Website.  For example, if you wish to contact us through the website form, the only information you will be asked to provide is: your first and last name, email address, phone number and a brief description of your reason for contacting us.  You will never be asked to provide information such as your social security number, your date and place of birth or medical information on our Website.  Our Website is not directed or intended to collect this type of sensitive personal information.  Especially due to the nature of our services, we strongly encourage you not to disclose sensitive information on our website.
  • Do NOT provide any personal information on our Website if you are a child under the age of 13.  Our Website is not directed to children under the age of 13.  We will not knowingly collect information, including personal information, from children.  If we obtain actual knowledge that we have collected personal information from someone under the age of 13 through our website, we will promptly delete it.  If you believe that we have mistakenly collected information from a person under the age of 13, please contact us at privacy@berliner.com .

Notice to Persons Accessing Our Website Outside of the United States of America (USA)

If you access this website outside of the USA, any information you provide to us on the Website will be transferred out of the country you have accessed the Website from and into the USA.  If you do not want your personal information to leave the country you have accessed the Website from, please do not provide such information to Berliner and do not use the Website.  When you provide personal information to Berliner you explicitly consent to the transfer of your information to the USA.

Please note that this Website is designed specifically for persons in the USA, and Berliner’s legal services are limited to the state of California and the USA.  As such, Berliner intends for its Privacy Policy to be governed only by the laws of the United States of America.

(return to "What does Berliner Cohen, LLP do?")

California Consumer Rights Under the California Consumer Privacy Act (CCPA)

Under the California Consumer Privacy Act (CCPA) you may have certain rights which apply to the information we collect through our website or which we collect from our clients.  These rights include:

  • Right to Know About Personal Information Collected, Disclosed, or Sold.  A consumer has the right to request that a business covered under the CCPA disclose what personal information it collects, uses, discloses, and sells of the consumer. 
  • Right to Request Deletion of Personal Information.  A non-client consumer has a right to request the deletion of their personal information collected or maintained by a covered business.
  • Right to Opt-Out of the Sale of Personal Information. A consumer has a right to opt-out of the sale of their personal information by a business.
  • Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights.  A consumer has a right not to receive discriminatory treatment by a business for the exercise of the privacy rights conferred by the CCPA.
  • Authorized Agent.  A consumer can designate an authorized agent to make a request under the CCPA on the Consumer’s behalf through a written instrument, signed and acknowledge before a licensed notary public.

If you want to exercise your rights under the CCPA, you may contact us and make such a request via email at privacy@berliner.com or by mail to our Firm Counsel  at 10 Almaden Blvd., 11th Floor, San Jose, CA 95113.  Berliner is required to respond to any of your requests within forty-five (45) days of our receipt of your request.  If we are unable to comply within 45 days, we will contact you and let you know whether we can complete your request or whether we need more time or information in order to complete your request.

Due to the nature of our services and the purpose of the collection, some personal information may be protected by attorney-client privilege, trade secret, or another privilege and thus we may be unable to disclose it.   

Using Our Website Does Not Create an Attorney-Client Relationship

Our Website contains an important Legal Disclaimer which explains that your use of the Website or your receipt of the materials on the Website, including this Privacy Policy, does not create an attorney-client relationship.  Because of the nature of our services, it is important that Website users read and understand this Legal Disclaimer.  

We May Modify Our Privacy Policy

We may modify our Privacy Policy from time to time to reflect changes in our practices or services or in response to changing legal or regulatory requirements.  The updated Privacy Policy will be posted on our Website and will include the date it was last modified at the top of the policy after “Last Updated.”  We encourage you to regularly visit the Website and review the terms of our latest Privacy Policy each time you visit. 

Contact Us

If you have any questions or concerns about Berliner’s use of your personal information, our Privacy Policy, or our privacy practices please contact us at privacy@berliner.com . You may also write to us at:

Berliner Cohen LLP

Attn: Firm Counsel

10 Almaden Blvd., 11th Floor

San Jose, CA 95113.

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