California Consumer Privacy Law Notice

Effective Date: January 1, 2024

 

This California Consumer Privacy Law Notice (“Notice”) applies to “Consumers” as defined under the California Consumer Privacy Act, including as amended by the California Privacy Rights Act (together, the “CCPA”) including regulations promulgated thereunder and any other state laws governing consumer data privacy that may be applicable to individual clients and website users located in the United States. Capitalized terms used but not defined in this Notice shall have the meanings given to them under the applicable state privacy law. 

This Notice is designed to meet the obligations of Copenbarger & Copenbarger, LLP (the “firm”,  “our,” “us,” or “we”) under applicable U.S. data privacy laws. In the event of a conflict between any other Copenbarger policy, notice, or statement and this Notice, this Notice will prevail as to Consumers unless stated otherwise. 

 

As a law firm, much of the data we collect and process is not subject to Consumer rights. Without limiting the foregoing: 

• Personal information subject to an evidentiary privilege, such as the attorney-client privilege or attorney work product protection, is not subject to the rights available to Consumers as described in this Notice; however, we do include this personal information in general disclosures.
• Publicly available information (as defined by U.S. privacy laws) is not personal information under U.S. privacy laws. It is not included in the disclosures in this Notice and is not data to which Consumers have certain rights described in Sections 2 through 4 of this Notice. 

1. NOTICE OF DATA PRACTICES 

We may collect your personal information directly from (i) you (either directly or indirectly through your devices); (ii) clients or prospective clients (including, for example, contact information when you request copies of our newsletters, client alerts, or blogs, or register to attend seminars, online webinars, or similar events offered by us; or we may record a conference call or an event where you participate); (iii) clients’ representatives; (iv) adverse parties; or (v) vendors or other third parties. 

Generally, we process your personal information to provide you services and as otherwise related to the operation of our business, including for one or more of the following business purposes: performing services; security; advertising & marketing. We may also use personal information for other business purposes in a context that is not a Sale or Share under U.S. privacy laws, such as (a) disclosing it to our vendors (including, for example, our service providers, contractors, or data processors that perform services for us); (b) for the additional purposes explained at the time of collection (such as in the applicable privacy policy or notice); (c) as required or permitted by applicable law; (d) to the government or private parties to comply with law or legal process; and (e) to assignees as part of an acquisition, merger, asset sale, or other company transaction where another party assumes control over all or part of our business. Subject to restrictions and obligations under U.S. privacy laws, our vendors may also use your personal information for business purposes and additional business purposes, and we and our vendors may engage subcontractors to enable the performance of services from time to time. 

Collection, Disclosure, and Retention

We collect, disclose, and retain personal information as described in the Policy above. Copenbarger does not sell any personal information. Actual retention periods of personal information vary by type and purpose. We retain specific personal information based on how long we have a legitimate purpose (e.g., a legal obligation or business purposes) for the retention. 

Use and Disclosure

We use and disclose personal information for the processing purposes described in the Policy above.

 

2. YOUR CONSUMER RIGHTS AND HOW TO EXERCISE THEM 

Subject to meeting the requirements for a verifiable consumer request, the law firm provides Consumers the privacy rights described in this section. For residents of states without Consumer privacy rights, we will also consider requests but will apply our discretion in how we process such requests. 

To submit a request to exercise your Consumer privacy rights, or to submit a request as an authorized agent, call us at (800) 244-8814, and respond to any follow-up inquiries we make. More details on the request and verification process is provided below. The Consumer rights we accommodate are as follows: 

(a) Right to Limit Sensitive Processing 

We only process sensitive personal information for purposes that are exempt from Consumer choice under U.S. privacy laws. 

(b) Right to Know/Access 

Residents of California, Virginia, Colorado, and Texas are entitled to access their personal information up to twice in a 12-month period. Residents of Connecticut, Utah, Oregon, and Montana are entitled once every 12-month period to access personal information maintained by the law firm, with subsequent requests subject to a service fee. Due to our unique obligations under applicable law and state bar ethical rules to our clients, your access to personal information included in client materials and work product will be restricted to protect confidentiality of client materials and work product and to preserve legal privileges. 

(1) Categories (available for California Residents Only) 

California residents have a right to submit a request for any of the following for the period that is 12 months prior to the request date:

• The categories of personal information we have collected about you.
• The categories of sources from which we collected your personal information.
• The business purposes or commercial purposes for our collecting or selling your personal information.
• The categories of third parties to whom we have shared your personal information.
• A list of the categories of personal information disclosed for a business purpose and, for each, the categories of recipients, or that no disclosure occurred.
• A list of the categories of personal information sold about you and, for each, the categories of recipients, or that no sale occurred. 

(b) Do Not Sell / Share / Target 

We do not Sell or Share your personal information, or process it for targeted advertising, as these terms are defined under U.S. privacy laws. Without limiting the foregoing, we do not knowingly Sell or Share the personal information of Consumers under 16. 

We may disclose your personal information for the following purposes, which are not a Sale or Share: (i) if you direct us to disclose personal information; (ii) to comply with a Consumer rights request you submit to us; (iii) disclosures amongst the entities that constitute the law firm as defined above, or as part of a corporate transaction, as described above; and (iv) as otherwise required or permitted by applicable law. 

Some of the U.S. privacy laws require businesses to process GPC signals, which are referred to in California as opt-out preference signals, which are signals sent by a platform, technology, or mechanism, enabled by individuals on their devices or browsers, that communicate the individual’s choice to opt-out of the Sale and Sharing of personal information. To use an out-out preference signals, you can download an internet browser or a plugin to use on your current internet browser and follow the settings to enable the opt-out preference signals. We do not process opt-out preference signals. 

(c) Right to Delete 

Except to the extent we have a basis for retention under applicable law, you may request that we delete your personal information. Our retention rights include, without limitation: 

• to complete transactions and services you have requested;
• for security purposes; 
• for legitimate internal business purposes (e.g., maintaining business records or maintaining email addresses of those who have unsubscribed on a marketing suppression list, protecting confidentiality of client materials and work product, to preserve legal privileges, etc.); 
• to comply with law and to cooperate with law enforcement; and 
• to exercise or defend legal claims. 

Note also that, depending on where you reside (e.g., California and Utah), we may not be required to delete your personal information that we did not collect directly from you. 

(e) Correct Your Personal Information

Consumers may bring inaccuracies they find in their personal information that we maintain to our attention and we will act upon such a complaint as required by applicable law. However, due to our unique obligations under applicable law (and ethical rules) to our clients, your access to personal information included in client materials and work product will be restricted to protect confidentiality of client materials and work product, to preserve legal privileges, and for other reasons. 

(f) Automated Decision Making/Profiling 

We do not engage in automated decision making or profiling that would require notice or opt-in or opt-out under applicable U.S. privacy laws. 

(g) How to Exercise Your Consumer Privacy Rights 

To submit a request to exercise your Consumer privacy rights, or to submit a request as an authorized agent, call us at (800) 244-8814 and respond to any follow-up inquiries we make.

(1) Your Request Must be a Verifiable Consumer Request: As permitted or required by applicable U.S. privacy laws, any request you submit to us must be a Verifiable Consumer Request, meaning when you make a request, we may ask you to provide verifying information, such as your name, e-mail, phone number and/or account information. We will review the information provided and may request additional information. We will not fulfill your request and meet your applicable privacy right(s) unless you have provided sufficient information for us to reasonably verify you are the Consumer about whom we collected personal information. 

(2) Agent Requests: You may use an authorized agent to make a request for you, subject to our verification of the agent, the agent’s authority to submit requests on your behalf, and of you. Once your agent’s authority is confirmed, they may exercise rights on your behalf subject to the agency requirements of applicable U.S. privacy laws. 

(3) Appeals: You may appeal Copenbarger’s decision regarding a request by following the instructions included in our response to you. 

(h) Our Responses 

Some personal information that we maintain is insufficiently specific for us to be able to associate it with a Consumer, and therefore, will not be included in our response. If we deny a request, in whole or in part, we will explain the reasons in our response. We will make commercially reasonable efforts to identify Consumer personal information that we process to respond to your Consumer request(s). In some cases, we may suggest you receive the most recent or a summary of your personal information and give you the opportunity to elect whether you want the rest. We reserve the right to direct you to where you may access and copy responsive personal information yourself. We will typically not charge a fee to fully respond to your requests; provided, however, that we may charge a reasonable fee, or refuse to act upon a request, if we deem your request to be excessive, repetitive, unfounded, or overly burdensome. If we determine that the request warrants a fee or that we may refuse it, we will give you notice explaining why we made that decision. Consistent with applicable U.S. privacy laws and our interest in the security of your personal information, we will not deliver to you your Social Security number, driver’s license number, or other government-issued ID number in response to a Consumer privacy rights request. 

(h) No Discrimination or retaliation

We will not discriminate or retaliate against you in a manner prohibited by applicable U.S. privacy laws for your exercise of your Consumer privacy rights. 

3. NOTICE OF FINANCIAL INCENTIVE PROGRAMS 

We do not offer programs requiring you to limit any of your Consumer rights, or otherwise require you to limit your Consumer rights in connection with charging a different price or rate, or offering a different level or quality of good or service, or that would otherwise be considered a financial incentive related to the collection of personal information. 

4. OUR RIGHTS AND THE RIGHTS OF OTHERS 

Notwithstanding anything to the contrary, we may collect, use and disclose your personal information as required or permitted by applicable law and this may override your rights under U.S. privacy laws. In addition, we are not required to honor your requests to the extent that doing so would infringe upon our or another person’s or party’s rights or conflict with applicable law. 

5. ADDITIONAL NOTICE FOR CALIFORNIA RESIDENTS 

In addition to the CCPA, certain Californians are entitled to certain other notices, as follows: 

This Notice provides information on our online practices and your California rights specific to our online services. Without limitation, Californians that visit our online services and seek to acquire goods, services, money or credit for personal, family or household purposes (e.g., seeking legal counsel in their personal capacity) are entitled to the following notices of their rights: 

Shine the Light: We do not disclose “personal information” subject to California Civil Code §1798.83 (the “Shine the Light law”) with third parties for the third parties’ direct marketing purposes absent your consent. If you are a California resident, you may request information about our compliance with the Shine the Light law by contacting us at the address set forth in the next section. Any such request must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address. 

6. CONTACT US 

For general questions about this Notice, you may contact us as follows: 

Copenbarger & Copenbarger, LLP

Attn: Data Privacy 

200 Sandpointe Ave, Suite 150

Santa Ana, CA 92707

(800) 244-8814

info@copenbarger.com