Privacy Policy
Kirby McInerney LLP Privacy Policy
In this Privacy Policy, “Kirby McInerney” refers to Kirby McInerney LLP, a limited liability partnership under the laws of New York, U.S.
Kirby McInerney collects and processes your personal data fairly and lawfully and in order to carry out our lawful business activities. This Privacy Policy describes the types of personal data we collect and the business purposes for which we collect, process, use, store and disclose your personal data. Our Privacy Policy includes Kirby McInerney’s practices with respect to (i) the personal information we process on Kirby McInerney’s website (www.kirbymcinerney.com) and dependent pages (the “Site”); (ii) the way we use personal data we process from the Site; and (iii) how we disclose this information to outside organizations.
We encourage you to read this Privacy Policy. This Policy governs our privacy practices relating to visitors to the Site and the personal information they provide. Additional information concerning the business purposes for processing may be provided to you at the time when the personal data is provided. If you have any questions concerning the Privacy Policy or Kirby McInerney’s processing of your personal data, you may contact Kirby McInerney’s Privacy Officer at dataprivacy@kmllp.com.
If you are a California resident, please see our Notice of Collection of Personal Information and Privacy Policy for California Residents for additional disclosures and privacy protections.
What personal data does Kirby McInerney collect and process?
For purposes of this Privacy Policy, “personal data” means any information relating to an identified or identifiable natural person (“Data Subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. Personal data does not include information that is de-identified or anonymized.
“Special categories” of personal data refers to information concerning racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, or data concerning a natural person’s sex life or sexual orientation.
“Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
Kirby McInerney processes all or some of the following personal data provided by you:
Your name, address, telephone number, email address, IP address, educational history, employment information, professional background, device identifiers, or other information that you may provide us that may reasonably be used to identify you or someone connected to you.
How do we collect your personal data?
We may collect personal information from you in various ways:
By accessing our website, viewing content on our site, using our legal services, or submitting personal data and other information to the Site, you consent to the collection, use, processing, storage, and disclosure of such information as set forth in this Privacy Policy, as it may be updated from time to time.
You may withdraw your consent to processing at any time. Please see the section titled “Do you have rights in your personal data?” below.
Do you have rights in your personal data?
Depending on the jurisdiction, you have the following rights in your personal data held by Kirby McInerney:
Do we use Cookies?
A “cookie” is an element of data that a website can send to your browser, which may then be stored on your computer if you agree. Kirby McInerney uses different kinds of cookies on the Site. Kirby McInerney uses both session and persistent cookies. For detailed information, please see our Cookie Policy. By using our Site, you consent to the use of cookies. You may set your browser to refuse cookies but if you do so your user experience may be adversely affected, and you may not be able to access certain information on the Site. To ensure that you Opt-Out from Google Analytics, you can click here.
Will we honor Do-Not-Track signals?
Your browser may allow you to send “do-not-track” requests to websites you visit. We do not respond to Do Not Track or Global Privacy Control requests. We do not “sell” your personal information to third parties or “share” your information for purposes of targeting you with ads based on your online activity at other websites.
Do we use Google Services?
On the Site, Kirby McInerney uses several services provided by third-party Google:
This Site uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”).
Google Analytics will use “cookies” to provide us with information concerning your website activity. The information generated by the cookies about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Please note that while Google Analytics collects and uses IP addresses to build its reports, it does not make those IP addresses available to our firm. As an end user, KM cannot see IPs, associate them to a user, or make any use of them.
On behalf of the website provider, Google will use this information for the purpose of evaluating your use of the Site, compiling analytics, demographics, and interest reports on website activity for website operators and providing other services related to website activity and Internet usage to the website provider. Google will not associate your IP address with any other data held by Google.
You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of the Site. For more information regarding how Google Analytics collects and uses your personal information, please visit http://www.google.com/policies/privacy/partners/. By using our Site, you consent to the processing of data about you by Google as described here and in Google’s privacy policy. You can control the information provided to Google by using one of the methods set forth in http://www.google.com/policies/privacy/partners/ or use the Google Analytics opt-out browser add-on at http://tools.google.com/dlpage/gaoptout?hl=en.].
Do we take steps to protect your personal data?
Kirby McInerney has appropriate technical, physical, and administrative measures in place designed to protect your personal data from loss, misuse, unauthorized access, disclosure, alteration, or destruction, taking into account the nature of the personal data, emerging threats, the risks of collection and processing, best practices for securing the data, and the associated cost of implementation.
What are Kirby McInerney’s legitimate interests in processing your personal data?
The information collected by and through this Site may be used by Kirby McInerney and other entities that are involved in the operation of this Site for Kirby McInerney’s lawful business purposes.
Kirby McInerney will use personal data only for the purpose for which it was provided, as well as other purposes for which the user gives consent. This includes, but is not limited to, the following purposes:
Contact Forms: If you contact us by using the contact form on the Site, we use the information you provide to get in contact with you and to answer your queries.
Events: If you register for one of our events, we use the information you provide to register you for the event and to provide you with information about the event. Please note that we may also disclose your name, professional title, and professional address to other people that are attending the same event.
Careers: On the Careers section of the Site, you can apply online for job openings at Kirby McInerney. On the online application form, we ask you to provide information about your education, employment history, and skills (amongst other information). We only use this information in connection with your application process. Except for recruiters and other third parties involved with the processing of your employment application; we do not disclose this information to anyone outside of Kirby McInerney.
Marketing: You may subscribe or unsubscribe to receive Kirby McInerney communications on various subject matters, such as alerts on important legal developments, newsletters, and invitations to live events and webinars, as well as firm news and announcements.
What are the lawful bases for processing your personal data?
Kirby McInerney is committed to processing personal data only when there is a lawful basis including:
Our servers are located in the United States or, if located in other countries, may be accessed from the United States. Please note that in countries outside your own country, and in particular outside the EU and EEA, a different standard on data protection might apply than you are used to in your own country.
By using our Site or providing personal data from outside the United States, you acknowledge and consent that your data will be transferred across national borders, including to countries outside the EU/EEA.
To govern transfers of personal data from the EU/EEA to recipients outside the EU/EEA, we have in place appropriate safeguards, which may include adhering to model contractual clauses adopted by the European Commission. We are happy to provide you with a copy of the standard data protection clauses upon request.
Do we disclose your personal data to outside organizations?
Any personal data that you provide to us will be used for our business purposes only. Your information will not be disclosed to other individuals or other companies other than as described in this Privacy Policy.
In some instances we may retain other companies and individuals to perform functions on our behalf, including, but not limited to, website developers, IT service providers, shipping or direct mail organizations, e-discovery or other technology vendors hosting case-related data, other vendors we may use to support the legal services we provide to our clients such as photocopying, accountants, actuaries and other experts, storage facilities, or parties assisting us in an employment recruitment process. The Company requires its service providers, who provide services on our behalf, to maintain the privacy and security of your personal information. By using our Site, you consent to the disclosure of your personal information to our service providers, including but not limited to our video content provider.
We further may disclose any information, including personal data, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request, to protect ourselves from fraudulent or illegal activity, and to defend against legal claims.
Does Kirby McInerney provide links to Third-Party Sites?
Our Site may contain links to other third-party sites. When you click on one of these links, you are visiting a website operated by an entity other than Kirby McInerney, and the operator of that website may have a different privacy policy. Kirby McInerney is not responsible for third-party operators’ individual privacy practices. We encourage you to investigate the privacy policies of these third-party operators.
Does Kirby McInerney seek parental consent for children under 13 years of age?
Our Site is not intended for children under 13 years of age. No one under age 13 may provide any information to us through the Site. We do not knowingly collect personal data from children under 13. If you are under 13, do not access, use, or provide any information on the Site or on or through any of its features. If we learn we have collected or received personal data from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us.
How long does Kirby McInerney retain your personal data?
Personal data will be stored as long as the information is required to fulfill our legitimate business needs or the purposes for which the information was collected, or for as long as is required by law. Personal data will be maintained for at least their minimum time period-required retention under Kirby McInerney’s records retention schedules.
Revisions to This Privacy Policy
Kirby McInerney reserves the right to change this privacy policy at any time whereby relevant changes take effect for the future. The applicable version of this Privacy Policy is available on the Site. Please check this Privacy Policy regularly, and before you submit additional personal information via the Site.
Contact
The Site is owned and operated by Kirby McInerney LLP.
If you have questions or comments regarding this Privacy Policy or if you would like to exercise your rights, please send us an email to dataprivacy@kmllp.com, by telephone at 212.371.6600, or by mail to 211 West Wacker Drive, Suite 550, Chicago, IL 60606.
Kirby McInerney LLP (“Kirby McInerney” or the “Firm”) is committed to maintaining the privacy and security of your personal information.
This Notice of Collection of Personal Information and Privacy Policy (“CPRA Privacy Notice”) applies to the collection of personal information from California residents on and after January 1, 2023. This CPRA Privacy Notice supplements our “Privacy Policy” to provide California residents with information and rights required by the California Privacy Rights Act (“CPRA”). This CPRA Privacy Notice applies only to individuals residing in the State of California who are considered “consumers” under the CPRA and from whom we collect “personal information” as described in the CPRA.
This CPRA Privacy Notice describes the types and categories of personal information we collect, the business purposes for which we collect, process, use, store, and disclose your personal information and your rights in personal information under the CPRA. We do not share your personal information with third-party advertisers for cross-context behavioral advertising within the meaning of the CPRA (i.e., targeting you with advertising based on personal information obtained across businesses, websites, applications, or services, other than the Company’s website or services). We do not sell your personal information. We may disclose your personal information to our service providers and contractors, except where disclosure is required by law to a third party (e.g., a court or opposing counsel) or you provide consent for such disclosure.
For purposes of this CPRA Privacy Notice, we refer to personal information according to the following definition given in the CPRA: “personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. Personal information does not include publicly available information, information that is de-identified or aggregate consumer information, or information or rights that are outside the scope of the CPRA.
By accessing our website, viewing content on our site (including videos), using our legal services, or submitting personal information to us, you consent to the collection, processing, use, storage, and disclosure of such information as set forth in this CPRA Privacy Notice, as it may be updated from time to time.
What categories of personal information do we collect about you?
We may collect personal information from you in various ways:
Our Business Reasons for Collecting and Using Your Personal Information
Depending on the individual circumstances, we collect and use personal information for the legitimate business purposes of Kirby McInerney. These purposes include to provide legal services, to fulfill the purpose for which you provided us with your personal information, to communicate with you, to perform on a contract between you and the Firm, to market and improve our services to you, to improve the functionality and effectiveness of our Site, to protect the security of our website, to provide you with content (including videos), to comply with applicable law, rules or regulations, and if you are a job applicant, to consider your suitability and qualifications for employment.
Our Categories of Sources of Personal Information
Kirby McInerney collects personal information from the following categories of sources:
directly from you;
service providers and contractors providing services on our behalf. We require our service providers and contractors, who we provide your personal information to in order to provide services, to maintain the privacy and security of your personal information; and
third parties, including regulatory authorities, courts and tribunals, government agencies, and opposing litigants.
Who We Disclose Your Personal Information To
We do not “sell” your personal information to third parties or “share” your personal information with third parties within the meanings of those terms under the CPRA.
In some instances we may retain other companies and individuals to perform functions on our behalf, including, but not limited to, website developers, web analytics providers, video content providers, IT service providers, shipping or direct mail organizations, e-discovery or other technology vendors hosting case-related data, other vendors we may use to support the legal services we provide to our clients such as photocopying, accountants, actuaries and other experts, storage facilities, or parties assisting us in an employment recruitment process. The Company requires its service providers, who provide services on our behalf, to maintain the privacy and security of your personal information. By using our Site, you consent to the disclosure of your personal information to our service providers, including but not limited to our video content provider.
We may disclose any information, including personal data, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request, to protect ourselves from fraudulent or illegal activity, and to defend against legal claims.
In the past twelve (12) months, we have not shared the categories of personal information collected in Categories of the table above with third parties.
In the past twelve (12) months, we may have disclosed the categories of personal information collected in Categories of the table above with the following outside organizations or entities who are not service providers or contractors providing services on our behalf: third parties where required by ethical obligations or court rules, including courts, governmental agencies, and opposing parties among others.
Your Rights Regarding Your Personal Information
Under the California Privacy Rights Act, you have the following rights in personal information held by us:
Additional reasonable measures may also be required to verify the identity of the person making the request depending on the circumstances. For requests to delete submissions made electronically, you may be required to submit the request to delete, and then separately confirm that you want your personal information deleted. To the extent that you wish to use an authorized agent to make requests concerning the rights set forth above, you will need to provide us either with a power of attorney or, alternatively, with signed authorization to communicate with your authorized agent, and directly confirm that you provided the authorized agent with permission to submit the request.
We will (i) confirm receipt of requests to know, data portability, to correct inaccurate information or to delete within 10 business days of the request; and (ii) generally respond to requests to know, data portability, to correct inaccurate information or to delete within 45 calendar days of the request. If we need additional time to respond to your request beyond the 45 calendar days, we will provide you with notice explaining the reasons we need more time, and we will then take up to an additional 45 calendar days to respond to your request.
Access by Persons with Disabilities
Persons with disabilities who need assistance accessing this CPRA Privacy Notice may contact us as provided for above, and depending on your individual needs, the Firm will grant reasonable requests to furnish this policy in an alternative format.
Children
Our Site is not intended for children under 13 years of age. No one under age 13 may provide any information to us through the Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not access, use, or provide any information on the Site or on or through any of its features. If we learn we have collected or received personal data from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us. We do not sell any personal information, including the personal information of minors under 16 years of age.
California Shine the Light Law/Online Privacy Protection Act
California Civil Code §1798.83 provides that California residents may request certain information concerning the disclosure of personal information to third parties for direct marketing purposes. Pursuant to California Business Code §§22575-22579, you may review and request changes to any of your personal information that we have collected. Should you wish to request this information or exercise these rights, please reach us at the contact information provided below.
We do not respond to Do Not Track or Global Privacy Control requests. As noted above, we do not “sell” or “share” your personal information within the meaning of the CPRA.
Do We Provide Financial Incentives to California Consumers for Providing us with Personal Information?
Because we are a law firm, we do not offer you various financial incentives such as loyalty programs, discounts, and special offers when you provide us with contact information and identifiers such as your name and email address.
Revisions to This CPRA Privacy Notice
Kirby McInerney reserves the right to change this CPRA Privacy Notice at any time whereby relevant changes take effect for the future. The applicable version of this CPRA Privacy Notice is available on the Site. Please check this CPRA Privacy Notice regularly, and before you submit additional personal information via the Site.
Contact Us
If you have questions or comments regarding this CPRA Notice and Privacy Policy or if you would like to exercise your rights, please send us an email to dataprivacy@kmllp.com, telephone us at 212.371.6600, or by mail to 211 West Wacker Drive, Suite 550, Chicago, IL 60606.
Cookie Policy
Summary: The cookies we use on www.kmllp.com do not contain any information that personally identifies you and we do not manually or programmatically link cookie identifiers with the personal information stored in our system. The cookies we set are used to track if a user is logged in or not, and for anonymous web traffic analysis.
What are Cookies?
A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies can be used by web servers to identify and track users as they navigate different pages on a Website and identify users returning to a Website.
Cookies may be either “persistent” cookies or “session” cookies. A persistent cookie consists of a text file sent by a web server to a web browser, which will be stored by the browser and will remain valid until its set expiry date (unless deleted by the user before the expiry date). A session cookie, on the other hand, will expire at the end of the user session when the web browser is closed.
How can you control the use of cookies from this Site?
If you don't want us to use cookies when you use this Site, you can adjust your internet browser settings to not accept cookies. Your web browser's help function should tell you how to do this. Alternatively, to find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit the Website: http://www.allaboutcookies.org.
We currently set the following cookies:
Google Analytics: We use Google Analytics – the web analytics service provided by Google Inc. The Google Analytics cookies track activity on this Site but do not collect personal information about you. Rather, usage information is stored in aggregate, and we use it to see trends and patterns so we can optimize your user experience.
You may disable scripts run by Google Analytics to the extent that your browser and associated programs provide such functionality. To opt out of being tracked by Google Analytics across all Websites, visit this Website: http://tools.google.com/dlpage/gaoptout. Google’s privacy and compliance policies are available at: https://privacy.google.com.
Session ID: This is a temporary session cookie used to track whether traffic is logged in or out of this Site. Session ID cookies do not collect personal information about you and are deleted when you close your browser.
In this Privacy Policy, “Kirby McInerney” refers to Kirby McInerney LLP, a limited liability partnership under the laws of New York, U.S.
Kirby McInerney collects and processes your personal data fairly and lawfully and in order to carry out our lawful business activities. This Privacy Policy describes the types of personal data we collect and the business purposes for which we collect, process, use, store and disclose your personal data. Our Privacy Policy includes Kirby McInerney’s practices with respect to (i) the personal information we process on Kirby McInerney’s website (www.kirbymcinerney.com) and dependent pages (the “Site”); (ii) the way we use personal data we process from the Site; and (iii) how we disclose this information to outside organizations.
We encourage you to read this Privacy Policy. This Policy governs our privacy practices relating to visitors to the Site and the personal information they provide. Additional information concerning the business purposes for processing may be provided to you at the time when the personal data is provided. If you have any questions concerning the Privacy Policy or Kirby McInerney’s processing of your personal data, you may contact Kirby McInerney’s Privacy Officer at dataprivacy@kmllp.com.
If you are a California resident, please see our Notice of Collection of Personal Information and Privacy Policy for California Residents for additional disclosures and privacy protections.
What personal data does Kirby McInerney collect and process?
For purposes of this Privacy Policy, “personal data” means any information relating to an identified or identifiable natural person (“Data Subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. Personal data does not include information that is de-identified or anonymized.
“Special categories” of personal data refers to information concerning racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, or data concerning a natural person’s sex life or sexual orientation.
“Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
Kirby McInerney processes all or some of the following personal data provided by you:
Your name, address, telephone number, email address, IP address, educational history, employment information, professional background, device identifiers, or other information that you may provide us that may reasonably be used to identify you or someone connected to you.
How do we collect your personal data?
We may collect personal information from you in various ways:
- when you voluntarily provide us with information;
- when you communicate with us concerning our legal services, including as a client of the Firm;
- through automated means when you use our website including our use of “cookies”; and
- through information provided by outside vendors who analyze your usage of our website, such as Google Analytics (website traffic analysis) and Imperva (application security firewall).
By accessing our website, viewing content on our site, using our legal services, or submitting personal data and other information to the Site, you consent to the collection, use, processing, storage, and disclosure of such information as set forth in this Privacy Policy, as it may be updated from time to time.
You may withdraw your consent to processing at any time. Please see the section titled “Do you have rights in your personal data?” below.
Do you have rights in your personal data?
Depending on the jurisdiction, you have the following rights in your personal data held by Kirby McInerney:
- right to access your personal data and request certain information concerning your personal data, such as an explanation of the purpose of the processing and disclosure of outside organizations to whom Kirby McInerney discloses the data;
- right to rectify inaccuracies in your personal data or to ensure that it remains up to date. Kirby McInerney is committed to ensuring that your information is accurate and kept up to date. Please inform us of any changes to your personal data;
- right to erasure of your personal data under certain circumstances. For example, you may request erasure if the data is no longer needed in connection with the reasons it was collected or processed or if you withdraw your consent to further processing. Kirby McInerney may deny your request where it is required or permitted by law to retain your personal data or when we need to retain your information in connection with the exercise or defense of legal claims;
- right to restrict processing where you contest the accuracy of the data in order to permit time to rectify the inaccuracies and in other circumstances;
- right to data portability by requesting a copy be provided in a structured, commonly used and machine-readable format and/or requesting that Kirby McInerney transmit your personal data to a third party where technically feasible;
- right to object to processing of your personal data where you contest that the processing is necessary for the purposes of Kirby McInerney’s or its business partners’ legitimate interests. Kirby McInerney may deny your request because it has compelling legitimate business interests or the exercise or defense of legal claims. You may also advise us at any time that you no longer wish to receive direct marketing materials from Kirby McInerney; and
- right to bring a complaint before the applicable governmental privacy regulator.
Do we use Cookies?
A “cookie” is an element of data that a website can send to your browser, which may then be stored on your computer if you agree. Kirby McInerney uses different kinds of cookies on the Site. Kirby McInerney uses both session and persistent cookies. For detailed information, please see our Cookie Policy. By using our Site, you consent to the use of cookies. You may set your browser to refuse cookies but if you do so your user experience may be adversely affected, and you may not be able to access certain information on the Site. To ensure that you Opt-Out from Google Analytics, you can click here.
Will we honor Do-Not-Track signals?
Your browser may allow you to send “do-not-track” requests to websites you visit. We do not respond to Do Not Track or Global Privacy Control requests. We do not “sell” your personal information to third parties or “share” your information for purposes of targeting you with ads based on your online activity at other websites.
Do we use Google Services?
On the Site, Kirby McInerney uses several services provided by third-party Google:
This Site uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”).
Google Analytics will use “cookies” to provide us with information concerning your website activity. The information generated by the cookies about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Please note that while Google Analytics collects and uses IP addresses to build its reports, it does not make those IP addresses available to our firm. As an end user, KM cannot see IPs, associate them to a user, or make any use of them.
On behalf of the website provider, Google will use this information for the purpose of evaluating your use of the Site, compiling analytics, demographics, and interest reports on website activity for website operators and providing other services related to website activity and Internet usage to the website provider. Google will not associate your IP address with any other data held by Google.
You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of the Site. For more information regarding how Google Analytics collects and uses your personal information, please visit http://www.google.com/policies/privacy/partners/. By using our Site, you consent to the processing of data about you by Google as described here and in Google’s privacy policy. You can control the information provided to Google by using one of the methods set forth in http://www.google.com/policies/privacy/partners/ or use the Google Analytics opt-out browser add-on at http://tools.google.com/dlpage/gaoptout?hl=en.].
Do we take steps to protect your personal data?
Kirby McInerney has appropriate technical, physical, and administrative measures in place designed to protect your personal data from loss, misuse, unauthorized access, disclosure, alteration, or destruction, taking into account the nature of the personal data, emerging threats, the risks of collection and processing, best practices for securing the data, and the associated cost of implementation.
What are Kirby McInerney’s legitimate interests in processing your personal data?
The information collected by and through this Site may be used by Kirby McInerney and other entities that are involved in the operation of this Site for Kirby McInerney’s lawful business purposes.
Kirby McInerney will use personal data only for the purpose for which it was provided, as well as other purposes for which the user gives consent. This includes, but is not limited to, the following purposes:
Contact Forms: If you contact us by using the contact form on the Site, we use the information you provide to get in contact with you and to answer your queries.
Events: If you register for one of our events, we use the information you provide to register you for the event and to provide you with information about the event. Please note that we may also disclose your name, professional title, and professional address to other people that are attending the same event.
Careers: On the Careers section of the Site, you can apply online for job openings at Kirby McInerney. On the online application form, we ask you to provide information about your education, employment history, and skills (amongst other information). We only use this information in connection with your application process. Except for recruiters and other third parties involved with the processing of your employment application; we do not disclose this information to anyone outside of Kirby McInerney.
Marketing: You may subscribe or unsubscribe to receive Kirby McInerney communications on various subject matters, such as alerts on important legal developments, newsletters, and invitations to live events and webinars, as well as firm news and announcements.
What are the lawful bases for processing your personal data?
Kirby McInerney is committed to processing personal data only when there is a lawful basis including:
- the Data Subject has given consent to the processing of his or her personal data for one or more specific purposes;
- processing is necessary for the performance of a contract to which the Data Subject is a party or in order to take steps at the request of the Data Subject prior to entering into a contract;
- processing is necessary for compliance with a legal obligation to which Kirby McInerney is subject;
- processing is necessary in order to protect the vital interests of the Data Subject or of another natural person;
- processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in Kirby McInerney;
- processing is necessary for the purposes of the legitimate interests pursued by Kirby McInerney or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the Data Subject which require protection of personal data, in particular where the Data Subject is a child; and
- processing of special category personal data shall only occur where the Data Subject has given explicit consent to the processing of the personal data for one or more specified purposes or where permitted by applicable law.
- We will not use your data in connection with any automated decision-making process or for any profiling purpose.
Our servers are located in the United States or, if located in other countries, may be accessed from the United States. Please note that in countries outside your own country, and in particular outside the EU and EEA, a different standard on data protection might apply than you are used to in your own country.
By using our Site or providing personal data from outside the United States, you acknowledge and consent that your data will be transferred across national borders, including to countries outside the EU/EEA.
To govern transfers of personal data from the EU/EEA to recipients outside the EU/EEA, we have in place appropriate safeguards, which may include adhering to model contractual clauses adopted by the European Commission. We are happy to provide you with a copy of the standard data protection clauses upon request.
Do we disclose your personal data to outside organizations?
Any personal data that you provide to us will be used for our business purposes only. Your information will not be disclosed to other individuals or other companies other than as described in this Privacy Policy.
In some instances we may retain other companies and individuals to perform functions on our behalf, including, but not limited to, website developers, IT service providers, shipping or direct mail organizations, e-discovery or other technology vendors hosting case-related data, other vendors we may use to support the legal services we provide to our clients such as photocopying, accountants, actuaries and other experts, storage facilities, or parties assisting us in an employment recruitment process. The Company requires its service providers, who provide services on our behalf, to maintain the privacy and security of your personal information. By using our Site, you consent to the disclosure of your personal information to our service providers, including but not limited to our video content provider.
We further may disclose any information, including personal data, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request, to protect ourselves from fraudulent or illegal activity, and to defend against legal claims.
Does Kirby McInerney provide links to Third-Party Sites?
Our Site may contain links to other third-party sites. When you click on one of these links, you are visiting a website operated by an entity other than Kirby McInerney, and the operator of that website may have a different privacy policy. Kirby McInerney is not responsible for third-party operators’ individual privacy practices. We encourage you to investigate the privacy policies of these third-party operators.
Does Kirby McInerney seek parental consent for children under 13 years of age?
Our Site is not intended for children under 13 years of age. No one under age 13 may provide any information to us through the Site. We do not knowingly collect personal data from children under 13. If you are under 13, do not access, use, or provide any information on the Site or on or through any of its features. If we learn we have collected or received personal data from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us.
How long does Kirby McInerney retain your personal data?
Personal data will be stored as long as the information is required to fulfill our legitimate business needs or the purposes for which the information was collected, or for as long as is required by law. Personal data will be maintained for at least their minimum time period-required retention under Kirby McInerney’s records retention schedules.
Revisions to This Privacy Policy
Kirby McInerney reserves the right to change this privacy policy at any time whereby relevant changes take effect for the future. The applicable version of this Privacy Policy is available on the Site. Please check this Privacy Policy regularly, and before you submit additional personal information via the Site.
Contact
The Site is owned and operated by Kirby McInerney LLP.
If you have questions or comments regarding this Privacy Policy or if you would like to exercise your rights, please send us an email to dataprivacy@kmllp.com, by telephone at 212.371.6600, or by mail to 211 West Wacker Drive, Suite 550, Chicago, IL 60606.
Kirby McInerney LLP (“Kirby McInerney” or the “Firm”) is committed to maintaining the privacy and security of your personal information.
This Notice of Collection of Personal Information and Privacy Policy (“CPRA Privacy Notice”) applies to the collection of personal information from California residents on and after January 1, 2023. This CPRA Privacy Notice supplements our “Privacy Policy” to provide California residents with information and rights required by the California Privacy Rights Act (“CPRA”). This CPRA Privacy Notice applies only to individuals residing in the State of California who are considered “consumers” under the CPRA and from whom we collect “personal information” as described in the CPRA.
This CPRA Privacy Notice describes the types and categories of personal information we collect, the business purposes for which we collect, process, use, store, and disclose your personal information and your rights in personal information under the CPRA. We do not share your personal information with third-party advertisers for cross-context behavioral advertising within the meaning of the CPRA (i.e., targeting you with advertising based on personal information obtained across businesses, websites, applications, or services, other than the Company’s website or services). We do not sell your personal information. We may disclose your personal information to our service providers and contractors, except where disclosure is required by law to a third party (e.g., a court or opposing counsel) or you provide consent for such disclosure.
For purposes of this CPRA Privacy Notice, we refer to personal information according to the following definition given in the CPRA: “personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. Personal information does not include publicly available information, information that is de-identified or aggregate consumer information, or information or rights that are outside the scope of the CPRA.
By accessing our website, viewing content on our site (including videos), using our legal services, or submitting personal information to us, you consent to the collection, processing, use, storage, and disclosure of such information as set forth in this CPRA Privacy Notice, as it may be updated from time to time.
What categories of personal information do we collect about you?
We may collect personal information from you in various ways:
- when you voluntarily provide us with information;
- when you communicate with us concerning our legal services, including as a client of the Firm;
- through automated means when you use our website including by use of “cookies”; and
- through information provided by outside vendors who analyze your usage of our website, such as Google Analytics.
| Categories | Examples | Retention Period | Share with 3d Parties |
|---|---|---|---|
| Identifiers | Your name, your family members’ name and contact details (including mailing addresses, telephone numbers, email addresses, IP address, browser or device identifier, and other identifying information you provide to us). For example, we may collect your name and email address when you request to receive information on our services. | Length of business relationship, plus minimum of six [6] years, or as necessary to fulfill the purposes set out in this disclosure, or for as long as required for the documents upon which this category is collected pursuant to Kirby McInerney document retention policy or applicable law. | No |
| Customer Information under California Civil Code 1798.80l | This information comprises any information that identifies, relates to, describes or is reasonably capable of being associated with you or your household in our business records. Some personal information in this category may overlap with other categories. Examples include your name, signature, background information to your claims, information concerning consumer and arbitration agreements you may have previously entered into, and other information you provide to us in connection with our providing legal services to you. Some personal information in this category may overlap with other categories. | Length of business relationship, plus minimum of six [6] years, or as necessary to fulfill the purposes set out in this disclosure, or for as long as required for the documents upon which this category is collected pursuant to Kirby McInerney document retention policy or applicable law. | No |
| Commercial Information | This category includes information such as your transaction history, number of equity shares, and financial details. | Length of business relationship, plus minimum of six [6] years, or as necessary to fulfill the purposes set out in this disclosure, or for as long as required for the documents upon which this category is collected pursuant to Kirby McInerney document retention policy or applicable law. | No |
| Characteristics of protected classifications under California or federal law | This category includes information such as age, race, color, national origin, gender, citizenship, ethnicity, disability, sexual orientation, veteran or military status, religion, or marital status that you may voluntarily provide to us in connection our providing legal services. | Length of business relationship, plus minimum of six [6] years, or as necessary to fulfill the purposes set out in this disclosure, or for as long as required for the documents upon which this category is collected pursuant to Kirby McInerney document retention policy or applicable law. | No |
| Internet and other electronic history | This category comprises electronic information concerning your use of the website (www.Kirby McInerney.com) and dependent pages (the “Site”). This information may include information we automatically collect as you browse the Site, including your IP address, device type, browser type, and pages visited. We use both session and persistent cookies. We use this information in order to improve and customize your browsing experience and for analytics and metrics about your visits to our Site. For detailed information, please see our Cookie policy. We also use services provided by Google Analytics, a third party, concerning your use of our Site, which is more fully described in our Privacy Policy. Google Analytics will use cookies to provide us with information concerning your website activity. | Generally, for as long as one [1] year. | No |
| Geolocation data |
We may determine your approximate geographic location through your IP address. | Generally, for as long as one [1] year. |
No |
| Professional or employment-related information | Employment-related and professional background information may be collected in connection with the Firm’s provision of legal services. | Length of business relationship, plus minimum of six [6] years, or as necessary to fulfill the purposes set out in this disclosure, or for as long as required for the documents upon which this category is collected pursuant to Kirby McInerney document retention policy or applicable law. | No |
| Education-Related Information | Educational records and related information may be collected in connection with the legal services we provide to you as a client. | Length of business relationship, plus minimum of six [6] years, or as necessary to fulfill the purposes set out in this disclosure, or for as long as required for the documents upon which this category is collected pursuant to Kirby McInerney document retention policy or applicable law. | No |
| Inferences drawn from information you provide to create a personal profile concerning your consumer preferences, characteristics, predispositions, behavior, and attitudes | We may accumulate the information you provide in the normal course of the legal services we provide to clients to make inferences concerning your preferences, characteristics, behavior, attitudes, abilities and aptitudes. This may include information you provide to us for the purposes of obtaining legal advice, attending meetings and events, and requesting marking or other information. Similarly, we may develop and communicate marketing and other educational materials concerning our legal services based on information you provide (e.g., requests to subscribe to certain blogs, case-related information). | Length of business relationship, plus minimum of six [6] years, or as necessary to fulfill the purposes set out in this disclosure, or for as long as required for the documents upon which this category is collected pursuant to Kirby McInerney document retention policy or applicable law. |
No |
Our Business Reasons for Collecting and Using Your Personal Information
Depending on the individual circumstances, we collect and use personal information for the legitimate business purposes of Kirby McInerney. These purposes include to provide legal services, to fulfill the purpose for which you provided us with your personal information, to communicate with you, to perform on a contract between you and the Firm, to market and improve our services to you, to improve the functionality and effectiveness of our Site, to protect the security of our website, to provide you with content (including videos), to comply with applicable law, rules or regulations, and if you are a job applicant, to consider your suitability and qualifications for employment.
Our Categories of Sources of Personal Information
Kirby McInerney collects personal information from the following categories of sources:
directly from you;
service providers and contractors providing services on our behalf. We require our service providers and contractors, who we provide your personal information to in order to provide services, to maintain the privacy and security of your personal information; and
third parties, including regulatory authorities, courts and tribunals, government agencies, and opposing litigants.
Who We Disclose Your Personal Information To
We do not “sell” your personal information to third parties or “share” your personal information with third parties within the meanings of those terms under the CPRA.
In some instances we may retain other companies and individuals to perform functions on our behalf, including, but not limited to, website developers, web analytics providers, video content providers, IT service providers, shipping or direct mail organizations, e-discovery or other technology vendors hosting case-related data, other vendors we may use to support the legal services we provide to our clients such as photocopying, accountants, actuaries and other experts, storage facilities, or parties assisting us in an employment recruitment process. The Company requires its service providers, who provide services on our behalf, to maintain the privacy and security of your personal information. By using our Site, you consent to the disclosure of your personal information to our service providers, including but not limited to our video content provider.
We may disclose any information, including personal data, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request, to protect ourselves from fraudulent or illegal activity, and to defend against legal claims.
In the past twelve (12) months, we have not shared the categories of personal information collected in Categories of the table above with third parties.
In the past twelve (12) months, we may have disclosed the categories of personal information collected in Categories of the table above with the following outside organizations or entities who are not service providers or contractors providing services on our behalf: third parties where required by ethical obligations or court rules, including courts, governmental agencies, and opposing parties among others.
Your Rights Regarding Your Personal Information
Under the California Privacy Rights Act, you have the following rights in personal information held by us:
- You have the right to request that the Company disclose the personal information that the Company collects, uses, and discloses about you. You may “request to know”: (i) the categories of personal information that the Company has collected about you; (ii) the categories of sources from which the personal information is collected; (iii) the business or commercial purpose for collecting your personal information; (iv) whether any categories of personal information were disclosed for a business purpose to third parties and the categories of third parties with whom the Company discloses your personal information; and (v) the specific pieces of personal information that the Company has collected about you. Your request may pertain to the personal information collected about you on or after January 1, 2022. If your request covers a time period beyond twelve [12] months from the date of your request, the Company may deny your request as to that time period where it would be impossible for the Company to provide you with the information or involve disproportionate effort. The Company may deny your request to search for certain information under certain circumstances (e.g., where the Company retains the information solely for legal and compliance purposes).
- You have the right under certain circumstances to receive specific pieces of your personal information in a format that is understandable, and to the extent technically feasible, in a structured, commonly used, machine-readable format that allows you to transmit the information to another entity.
- You have the right to correct inaccurate personal information.
- You have the right to request deletion of personal information under certain circumstances. For example, we may not be required to delete personal information if we need to retain the information to comply with a legal obligation. In addition, we may delay deletion with respect to data stored on an archived or backup system, until the archived or backup system relating to that data is restored to an active system or next accessed or used for a sale, disclosure, or commercial purpose.
- You have the right to know what information is shared with third parties, and to whom, and to opt out of sharing for cross-context behavioral advertising. We do not sell or share your personal information.
- You have the right not to receive discriminatory or retaliatory treatment for the exercise of any of these rights. We will not discriminate or retaliate against you or refuse to provide you products or services because you have exercised your rights.
Additional reasonable measures may also be required to verify the identity of the person making the request depending on the circumstances. For requests to delete submissions made electronically, you may be required to submit the request to delete, and then separately confirm that you want your personal information deleted. To the extent that you wish to use an authorized agent to make requests concerning the rights set forth above, you will need to provide us either with a power of attorney or, alternatively, with signed authorization to communicate with your authorized agent, and directly confirm that you provided the authorized agent with permission to submit the request.
We will (i) confirm receipt of requests to know, data portability, to correct inaccurate information or to delete within 10 business days of the request; and (ii) generally respond to requests to know, data portability, to correct inaccurate information or to delete within 45 calendar days of the request. If we need additional time to respond to your request beyond the 45 calendar days, we will provide you with notice explaining the reasons we need more time, and we will then take up to an additional 45 calendar days to respond to your request.
Access by Persons with Disabilities
Persons with disabilities who need assistance accessing this CPRA Privacy Notice may contact us as provided for above, and depending on your individual needs, the Firm will grant reasonable requests to furnish this policy in an alternative format.
Children
Our Site is not intended for children under 13 years of age. No one under age 13 may provide any information to us through the Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not access, use, or provide any information on the Site or on or through any of its features. If we learn we have collected or received personal data from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us. We do not sell any personal information, including the personal information of minors under 16 years of age.
California Shine the Light Law/Online Privacy Protection Act
California Civil Code §1798.83 provides that California residents may request certain information concerning the disclosure of personal information to third parties for direct marketing purposes. Pursuant to California Business Code §§22575-22579, you may review and request changes to any of your personal information that we have collected. Should you wish to request this information or exercise these rights, please reach us at the contact information provided below.
We do not respond to Do Not Track or Global Privacy Control requests. As noted above, we do not “sell” or “share” your personal information within the meaning of the CPRA.
Do We Provide Financial Incentives to California Consumers for Providing us with Personal Information?
Because we are a law firm, we do not offer you various financial incentives such as loyalty programs, discounts, and special offers when you provide us with contact information and identifiers such as your name and email address.
Revisions to This CPRA Privacy Notice
Kirby McInerney reserves the right to change this CPRA Privacy Notice at any time whereby relevant changes take effect for the future. The applicable version of this CPRA Privacy Notice is available on the Site. Please check this CPRA Privacy Notice regularly, and before you submit additional personal information via the Site.
Contact Us
If you have questions or comments regarding this CPRA Notice and Privacy Policy or if you would like to exercise your rights, please send us an email to dataprivacy@kmllp.com, telephone us at 212.371.6600, or by mail to 211 West Wacker Drive, Suite 550, Chicago, IL 60606.
Cookie Policy
Summary: The cookies we use on www.kmllp.com do not contain any information that personally identifies you and we do not manually or programmatically link cookie identifiers with the personal information stored in our system. The cookies we set are used to track if a user is logged in or not, and for anonymous web traffic analysis.
What are Cookies?
A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies can be used by web servers to identify and track users as they navigate different pages on a Website and identify users returning to a Website.
Cookies may be either “persistent” cookies or “session” cookies. A persistent cookie consists of a text file sent by a web server to a web browser, which will be stored by the browser and will remain valid until its set expiry date (unless deleted by the user before the expiry date). A session cookie, on the other hand, will expire at the end of the user session when the web browser is closed.
How can you control the use of cookies from this Site?
If you don't want us to use cookies when you use this Site, you can adjust your internet browser settings to not accept cookies. Your web browser's help function should tell you how to do this. Alternatively, to find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit the Website: http://www.allaboutcookies.org.
We currently set the following cookies:
Google Analytics: We use Google Analytics – the web analytics service provided by Google Inc. The Google Analytics cookies track activity on this Site but do not collect personal information about you. Rather, usage information is stored in aggregate, and we use it to see trends and patterns so we can optimize your user experience.
You may disable scripts run by Google Analytics to the extent that your browser and associated programs provide such functionality. To opt out of being tracked by Google Analytics across all Websites, visit this Website: http://tools.google.com/dlpage/gaoptout. Google’s privacy and compliance policies are available at: https://privacy.google.com.
Session ID: This is a temporary session cookie used to track whether traffic is logged in or out of this Site. Session ID cookies do not collect personal information about you and are deleted when you close your browser.