Please note, if you send a communication to us through our website or using the contact information obtained from our website, that communication does not create an attorney-client relationship with us. Please do not send any information that you consider confidential unless and until we have agreed in writing to represent you with respect to a matter. Any information provided to us prior to an agreement may not be protected from disclosure and may not be subject to applicable privileges.
Personal Data, Defined
Personal data is any information that enables us to identify you and that is related to an identified or identifiable natural person, such as your name, identification number(s), business or residential address, certain commercial information, online identifiers, and educational and employment history. It does not include data that is anonymized or de-identified.
For personal data that we collect and process about you, the data controller—as that term is defined in the EU General Data Protection Regulation (GDPR)—is Brady & Peavey, P.C.
Brady & Peavey, P.C. is not a data processor—as that term is defined in the GDPR—in the context of a client relationship.
Personal Data We Collect From or About You
From time to time, we collect and process the following types of personal data from you:
How We Collect Your Personal Data
We collect personal data from you through a variety of sources. We strive to collect only personal data that is adequate, relevant, and limited to achieve the purpose(s) for which it was collected. We may from time-to-time provide you with supplemental information at the time we collect your personal data to address unique or situational collection needs.
Examples of ways in which we collect your personal data include:
Examples of ways in which we do not collect your personal data include:
How We Use Your Personal Data
We process and use your personal data to the extent permitted by applicable law. This means:
We principally rely on the legitimate interest basis for the provision of our legal services, including client inception and identification, the performance of our services, and for the administration and operation of Brady & Peavey. In addition, we principally rely on the legitimate interest basis for marketing and promoting relevant services or events to you, and providing you with our updates, and other information.
How and to Whom We Share Your Personal Data
We share your personal data within Brady & Peavey and with our contracted third-party processors and/or service providers who assist us in the administration and operation of Brady & Peavey, and in providing our legal services to our clients. In addition, we share your personal data when required by law.
Third-party processors and service providers with whom we may share your personal data include:
Your European Legal Rights
If you are an EU or UK resident, you may have certain rights under applicable data protection laws in relation to your personal data, including the General Data Protection Regulation (GDPR) and the UK Data Protection Act of 2018 (DPA). Subject to certain exceptions and limitations, these rights include:
In addition, the GDPR requires data controllers to separately and explicitly highlight that you have the right to object to any processing based on a data controller’s legitimate interests (upon which we routinely rely upon as our legal basis) on grounds relating to your particular situation. However, the data controller may demonstrate either compelling legitimate grounds for the processing that override your interests or demonstrate that the processing is based on the establishment, exercise, or defense of a legal claim, in which case the processing may continue.
Finally, you have the right to lodge a complaint with a supervisory authority, as explained more fully in the section, How to Contact Us.
Where our processing of your personal data is based on your consent for a specific purpose, you have the right to withdraw that consent. If you withdraw your consent, Brady & Peavey will no longer process your personal data for that specific purpose unless we have another legitimate basis for processing under applicable laws.
If you exercise your applicable rights, Brady & Peavey will not discriminate against you. Requests submitted pursuant to the GDPR or the DPA will be addressed within 30 calendar days. If more time is needed to respond, we will notify you.
Your California Legal Rights
If you are a resident of California, you may have certain rights under applicable data protection laws in relation to your personal data, including the California Consumer Privacy Act of 2018 (CCPA). Subject to certain exceptions and limitations, these rights include:
If you exercise your applicable California rights, Brady & Peavey will not discriminate against you. Requests to know, port, or delete your personal data will be honored within 45 days. Requests to opt-out of the sale of personal data will be honored, to the extent applicable, within 15 calendar days. Requests for a record of direct marketing disclosures will be honored within 30 calendar days. If more time is needed to respond, we will notify you.
Notice to California Residents
Do Not Track. We strive to avoid the use of analytics systems that may persistently collect information about your online activities; however, we cannot control the activities of third parties, such as software and hardware makers. We do not knowingly receive information about your online activities from analytics systems. We do not currently process or comply with any web browser’s “do not track” signal or similar mechanisms. Note, however, that you may find information about how to opt-out of analytics and/or block or reject certain tracking and cooking technologies in our Cookies Policy.
How We Protect Your Personal Data
We have put in place physical, administrative, and organizational security measures to protect your personal data from being accidentally lost, used, altered, accessed, or disclosed in an unauthorized manner. We have put in place procedures to address suspected security breaches; however, no method of safeguarding information is completely secure. While we use measures designed to protect your personal data, we, unfortunately, cannot guarantee that our safeguards will be effective or sufficient. In addition, you should be aware that Internet data transmission is not always secure, and we cannot warrant that information you transmit to us is or will be secure.
How Long We Retain Your Personal Data
We retain your personal data for as long as necessary to fulfil the purpose for which we collected it, including any legal, regulatory, tax, accounting, or reporting requirements, and to the extent we reasonably deem necessary to protect our rights, property, or safety, and the rights, property, and safety of our users and other third parties. For details on the retention periods applicable to specific elements of your personal data, please contact us.
Third-Party Websites and Links
Our website and other services may contain links to other websites or otherwise direct you to a third party over which we have no control and whose privacy policies may differ from ours. You should consult the privacy policies or statements for those third parties and we do not accept any responsibility for their use of your personal data that you may provide.
Automated Decisions Using Your Personal Data
Your personal data will not be used for automated decision-making by Brady & Peavey.
In addition to the applicable rights outlined, above, you have choices about how we communicate with you and how we process certain personal data about you.
Communications Opt-Out. You may opt-out of receiving marketing, promotional, or other communications from us at any time by following the link in a marketing communication email or email us at firstname.lastname@example.org.
Cookies and Web Tracking. Read our Cookies Policy for more information about how to control and/or opt out of certain cookies and web tracking technologies.
We do not promote, market, or direct our services to minors. As a result, we do not knowingly collect or solicit personal data from anyone under the age of 18. By using our site or by providing us your personal information, you represent that you are not under 18 years of age.
How to Submit a Request
California or EU residents may contact us at email@example.com.
In most cases, you will not have to pay a fee to access your personal data or to exercise your other rights. However, to the extent permitted by applicable law, we may either charge a reasonable fee or refuse to comply if your request is unfounded, repetitive, or excessive.
In most instances, we are legally required to request specific information from you, including personal data, to verify your request and identity. We may also contact you to ask for further information and clarification of a request to enable us to comply with it as quickly as possible. This is a security measure to ensure that your personal data is not disclosed to anyone not authorized to receive it. In addition, if you request that we provide you with specific pieces of personal data, we require you to sign a declaration under penalty of perjury that you are the data subject whose personal data is the subject of the request.
Finally, you may use an authorized agent to make a request under the CCPA on your behalf. If you designate an authorized agent to make an access or deletion request on your behalf (a) we may require you to provide the authorized agent written permission to do so, and (b) for access and deletion requests, we may require you to verify your own identity directly with us.
How to Contact Us
Brady & Peavey, P.C.
P.O. Box 12715
Austin, Texas 78711
Attn: Privacy Officer
If you are resident in the EU, you also have the right to make a complaint about our processing of your personal data to your national supervisory authority for data protection. Alternatively, you may contact the United Kingdom Information Commissioner’s Office at www.ico.org.uk or by telephone on +44 (0)303 123 1113. If you do have a complaint, we would welcome the opportunity to discuss it with you before you contact your national supervisory authority or the United Kingdom Information Commissioner’s Office.
Westgate Building, Suite 110 | Austin, Texas
Phone: 512-387-5910 | Fax: 512-233-0970
© 2022 Brady & Peavey, P.C.