Last Updated: November 5, 2024

Summary

Thank you for visiting the Klein Moynihan Turco LLP website located at www.kleinmoynihan.com (the “Site”). The Site is an Internet property of Klein Moynihan Turco LLP (“KMT,” “we,” “our” or “us”). This Klein Moynihan Turco LLP Privacy Policy (“Privacy Policy”) covers our treatment of Personal Data and other information that we collect on and through the Site.  For purposes of this Privacy Policy, “Personal Data” means any information concerning the personal or material circumstances of an identified or identifiable individual. This includes information such as your name, your address, your phone number and your email address.

Data Controller

Please note, KMT is considered the “Data Controller” in connection with the Personal Data collected pursuant to this Privacy Policy for purposes of applicable data protection laws, including the General Data Protection Regulation (“GDPR”).

Legal Basis

We collect Personal Data that you provide to us to fulfill your request to receive additional information from us.  We also collect personal information from you passively.  We use tracking tools like browser cookies and web beacons to provide and support our Site.  We only use and store your Personal Data if we have a legal basis for doing so, including where you have given us your express consent, where we have a legitimate business interest or pursuant to the contractual relationship between you and KMT.

Individual Rights: Deleting, Modifying and Updating Your Personal Data

At your request, we will: (a) inform you of what Personal Data we have on file for you, in a machine readable format; (b) amend the Personal Data that we have on file for you; and/or (c) completely remove Personal Data that you have provided to us, or that we have collected, from: (i) our servers/databases; and (ii) the servers/databases of any third-party that we have provided your Personal Data to.  You may do so by e-mailing us at: info@kleinmoynihan.com.  We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests.

Background

This Privacy Policy covers our treatment of Personal Data and other information that we collect when an end-user visitor to the Site (“user,” “you” or “your”): (a) accesses or uses the Site; (b) accesses any of the blog posts, text, audio, video, photographs, graphics, artwork and/or other content featured on the Site (collectively, “Content”); (c) accesses links to KMT’s social media pages/accounts on third-party social media websites, such as Facebook®, LinkedIn® and X® (collectively, “Social Media Pages”); and/or (d) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, KMT (collectively, the “Contact Services”).  In addition, clients of KMT may receive KMT’s periodic newsletter containing blog posts and other information relating to emerging legal trends, case law and analysis (the “Newsletter,” and together with the Site, Content and Social Media Pages, the “KMT Offerings”).  Capitalized terms not defined herein shall have the meaning set forth in the Klein Moynihan Turco LLP Website Terms and Conditions (“Terms and Conditions”). IF YOU DO NOT AGREE TO TERMS OF THIS PRIVACY POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE KMT OFFERINGS.

Facebook® is a registered trademark of Meta Platforms, Inc. (“Facebook”).  LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”).   X® is a registered trademark of X Corp. (“X”).  Please be advised that KMT is not in any way affiliated with Facebook, LinkedIn or X, nor are the KMT Offerings endorsed, administered or sponsored by any of the foregoing entities.

Your California Privacy Rights

KMT will never share, sell, rent, exchange or barter your Personal Data to or with any third-party for financial gain or marketing purposes.  Nevertheless, we may, in certain limited instances, share your Personal Data with third parties who perform administrative functions on our behalf. If you are a resident of the State of California and would like to learn how your “Personal Data” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third parties, what categories of Personal Data/personal information that we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please e-mail us at: info@kleinmoynihan.com; call us at: (212) 246-0900; or send US mail to: Klein Moynihan Turco LLP, 450 Seventh Avenue, 40^th Floor, New York, NY 10123.

Personal Data Collected

We collect Personal Data from you primarily when you complete a contact form in connection with your request to be contacted directly by an attorney with respect to legal matters. The Personal Data that you must supply on the Site in order to obtain access to the Contact Services may include, without limitation: (a) your full name; (b) your e-mail address; (c) your telephone number; and (d) any and all other information requested on the applicable registration form.

Use of Personal Information

We will never sell, rent, exchange or barter your Personal Data to or with any third party for financial gain or marketing purposes. Where you request to be contacted in connection with the Contact Services, we use the Personal Data that you make available to respond to your questions or comments. In addition, we may file your questions or comments for future reference. If you wish to stop receiving future communications from us, please see the Opt-Out/Unsubscribe section below.

The Personal Data that you submit to us remains your property. We may permit our third-party agents, service providers and subcontractors to access your Personal Data, but they are only permitted to do so strictly in connection with performing services for us and/or to operate the KMT Offerings. They are not authorized to use that Personal Data for their own benefit.

At times, we may want to contact you via telephone regarding your use of the KMT Offerings. To enable us to contact you by telephone regarding your use of the KMT Offerings, you agree that by submitting your Personal Data by and through the KMT Offerings, and where we have a valid legal basis as required under the GDPR, such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations.  As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.

At times, we may want to contact you via your mobile device regarding your use of the KMT Offerings. To enable us to contact your mobile device, you agree that, where we have a valid legal basis as required under the GDPR and where you provide “prior express written consent” within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (“TCPA”), you consent to receive telephone calls, including artificial voice calls, pre-recorded messages and/or calls delivered via automated technology, to the telephone number(s) that you provided.  Please note that you are not required to provide this consent in order to obtain access to the KMT Offerings, and your consent simply allows KMT to contact you via these means.  Please be advised that by agreeing to this Privacy Policy, you are obligated to immediately inform us if and when the telephone number that you have previously provided to us changes.  Without limiting the foregoing, if you: (a) have your telephone number reassigned to another person or entity; (b) give up your telephone number so that it is no longer used by you; (c) port your telephone number to a landline or vice versa; or (d) otherwise stop using that telephone number for any reason (collectively “Phone Number Change”), you agree that you shall promptly notify KMT of the Phone Number Change via e-mail at: info@kleinmoynihan.com, or by using one of the methods set forth in the “Contact Us” section below.

We reserve the right to release current or past Personal Data: (i) in the event that we believe that the KMT Offerings are being or has/have been used in violation of the Terms and Conditions and/or to commit unlawful acts; (ii) if the information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any Personal Data pursuant to a subpoena; (iii) to comply with a legal obligation, including sharing your name/e-mail address with third-parties to assist you with your opt out requests in compliance with applicable law, including the GDPR and the CAN-SPAM Act of 2003, as amended from time-to-time; (iv) to protect and defend the rights or property of KMT; (v) to act in urgent circumstances to protect the personal safety of our users or the public; or (vi) if we are sold, merge with a third-party, are acquired or are the subject of bankruptcy proceedings; provided, however, that if KMT is involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the Site of any change in ownership or uses of your Personal Data, as well as any choices that you may have regarding your Personal Data.

Cookies 

When an end-user visits the Site, we send one (1) or more cookies and/or gif files (collectively, “Cookies”) to assign an anonymous, unique identifier to the applicable end-user’s computer or other device. A Cookie is a piece of data stored on your hard drive containing non-personally identifiable information about you. Cookies have many benefits to enhance your experience at the Site. To find out more about Cookies, please visit: www.cookiecentral.com. We use Cookies to improve the quality of the Site and/or Services.

Most Internet browsers are initially set up to accept Cookies, but you can reset your browser to refuse all Cookies or to indicate when a cookie is being sent. To disable and reject certain Cookies, follow the instructions associated with your Internet browser. End-users may also be able to disable some, or all, Internet tracking activity by utilizing the “Do Not Track” setting or similar options within most major Internet browsers.  Even in the case where a user rejects a Cookie, he or she may still use the Site.

Behavioral Tracking

Neither KMT, nor any third party, uses Cookies, pixels or other tracking technology on the Site for purposes of tracking end-user activities after they leave the Site.

KMT uses the web analytics tool Google® Analytics, as provided by Google Inc. (“Google®“). Google® Analytics uses cookies and similar technologies to analyze how end-users use the Site. Google® may collect some or all of the following information by and through the Google® tracking technology: (a) city and country of the end-user; (b) device type (desktop, mobile, tablet, etc.); (c) browser type; (d) referring website, search engine or social media platform; (e) Site pages visited; and (f) time spent on each page; (g) navigation path through the Site (collectively, “Google® Data”).  This information is used to evaluate visitors’ use of the Site and compile statistical reports on Site activity.  Google® shares the Google® Data with us.

Google’s® ability to use and share the Google® Data and other information collected about your visits to (and use of) the Site is restricted by the Google Analytics® Terms of Service, available here, and the Google® Privacy Policy, available here. You may learn more about how Google® collects and processes data specifically in connection with these tools here.  You may prevent your data from being tracked and/or used by Google ® by downloading and installing the Google® Opt-out Browser Add-on, available here.

Cross Device Tracking

KMT does not track end-users’ use of the Site across multiple devices, including personal computers and mobile devices.

Social Media Websites

If you engage in any interaction with KMT, other users or any third-party on any Social Media Pages, you should be aware that: (a) the personal information that you submit by and through such Social Media Pages can be read, collected and/or used by other users of these websites/services (depending on your privacy settings associated with your accounts with the applicable Social Media Websites), and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire; and (b) where KMT responds to any interaction on such Social Media Pages, your account name/handle may be viewable by any and all members/users of KMT’s social media accounts.  We are not responsible for the personal information that you choose to submit on any Social Media Websites. 

In addition, the Site contains Social Media Website widgets and buttons (“Widgets”), such as the Facebook® and X® like/share buttons.  These Widgets may collect your IP address, as well as which page you are visiting on our Site, and may set a Cookie on your browser to enable the Widget to function properly.  The Widgets are owned and operated by the applicable Social Media Websites. The Social Media Websites operate independently from KMT, and we are not responsible for such Social Media Websites’ interfaces or privacy or security practices. 

Your interactions with the Social Media Pages and Widgets are governed by the privacy policies of the applicable Social Media Websites.  We encourage you to review the privacy policies and settings of the Social Media Pages and/or Widgets with which you interact to help you understand those Social Media Websites’ respective privacy practices.  If you have questions about the security and privacy settings of any Social Media Pages and/or Widgets that you use, please refer to the applicable Social Media Website’s privacy notices or policies.

Third-Party Websites

This Site may contain links to third-party owned and/or operated websites including, without limitation, the Social Media Websites. We are not responsible for the privacy practices or the content of such websites. These third-party websites have separate privacy and data collection practices and we have no responsibility or liability relating to them.

Security

We endeavor to safeguard and protect our Users’ Personal Data.  When Users make Personal Data available to us, their Personal Data is protected both online and offline (to the extent that we maintain any Personal Data offline).  Access to your Personal Data is strictly limited, and we take reasonable measures to ensure that your Personal Data is not accessible to the public.  All of our Users’ Personal Data is restricted in our offices, as well as the offices of our third-party service providers.  Only employees or third-party agents who need User Personal Data to perform a specific job are granted access to User Personal Data.  Our employees are dedicated to ensuring the security and privacy of all User Personal Data.  Employees not adhering to our firm policies are subject to disciplinary action.  The servers that we store User Personal Data on are kept in a secure physical environment.  We also have security measures in place to protect the loss, misuse and alteration of Personal Data under our control.

Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure.  Computer hackers that circumvent our security measures may gain access to certain portions of your Personal Data, and technological bugs, errors and glitches may cause inadvertent disclosures of your Personal Data; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law.  For the reasons mentioned above, we cannot warrant that your Personal Data will be absolutely secure.  Any transmission of data at or through the Site, other Site Offerings or otherwise via the Internet or wireless networks, is done at your own risk.

In compliance with applicable law, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your Personal Data.  You will be notified via e-mail in the event of such a breach.  Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.

Minors

Visitors under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction of residence) are not permitted to use and/or submit their Personal Data at the Site. We do not knowingly solicit or collect information from visitors under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction of residence). We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.

Opt-Out/Unsubscribe

To opt-out of receiving any e-mail notifications and Newsletters from us, you can follow the instructions at the end of the applicable e-mail message or e-mail us at: info@kleinmoynihan.com.

Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Contact Services, as well as to respond to any other inquiry or request made by you. To opt-out of receiving Contact Services-related and inquiry response-related messages from us, you must cease requesting Contact Services and cease submitting inquiries to us, as applicable.

Deleting and Updating Your Information

At your request, we will: (a) inform you of what Personal Data we have on file for you; (b) amend the Personal Data that we have on file for you; and/or (c) remove Personal Data that you have provided to us, or that we have collected, from our servers/databases and the servers/databases of any third party that we have provided your Personal Data to. . You may do so by contacting us via e-mail at: info@kleinmoynihan.com; provided, however, that we ask individuals to identify themselves and the information requested to be accessed, corrected or removed before processing such requests.

Please be advised that deleting your Personal Data will limit our ability to contact you in connection with the Contact Services. If you wish to be contacted by us in connection with the Contact Services, you may not delete the Personal Data that we have on file for you.

Transfer of Personal Data Internationally

If you are visiting the Site from a country other than the country in which our servers are located, your communications with us may, solely where permitted by applicable law, including the GDPR, result in the transfer of information across international boundaries. By visiting the Site and/or otherwise communicating electronically with us, you consent to such transfers where permitted by applicable law.  Even if your jurisdiction does not have the same privacy laws as the jurisdiction where our servers are located, we will treat your information as subject to the protections described in this Privacy Policy.

Changes to this Privacy Policy

We reserve the right to change or update this Privacy Policy at any time by posting a notice on the Site that we are changing our Privacy Policy. If the manner in which we use Personal Data changes, we will notify users by: (a) sending the modified policy to our users via email; and/or (b) by any other reasonable means acceptable under applicable state and federal law. You will have a choice as to whether or not we use your information in this different manner and we will only use your information in this different manner where you opt-in to such use.

Contact Us

If you have any questions about this Privacy Policy, please e-mail us at: info@kleinmoynihan.com; call us at: (212) 246-0900; or send US mail to: Klein Moynihan Turco LLP, 450 Seventh Avenue, 40^th Floor, New York, NY 10123.