Privacy Policy

KOLEY JESSEN P.C., L.L.O., PRIVACY POLICY

Last updated: July 1, 2021

Our mission at Koley Jessen P.C., L.L.O. (“Koley Jessen,” also referred to as “we,” “us,” and “our”) is to provide the highest quality legal services to our clients. To assist us in our mission, we collect and process certain information you provide us. We work hard to be good stewards of your information. This Privacy Policy is meant to help you understand what information we collect, why we collect it, and how you can update, manage, export, and delete your information.

WHAT DO WE COLLECT AND HOW:

Anonymous and Aggregated Web Traffic Information

General traffic, site usage, browser information, length-of-stay information, and location data is collected and stored in log files. This type of information is collected and shared on an anonymous, aggregated basis meaning that we do not connect this information to your name or other personal information.

Personally Identifiable Information

We collect all or some of the following personal information that you voluntarily provide to us:

• First and last name
• Email address
• Home or physical address
• Telephone number
• Social Security Number
• Any other identifier that permits the physical or online contacting of an individual
• Company and other information, in the following contexts:

Alerts and Announcements: We use your contact information to provide you with e-alerts about legal developments and information about Koley Jessen-sponsored seminars and events. We always give you the opportunity to opt-out of these communications.

Employment Information: When you apply for a position with the firm under our "Careers" section, you are directed to our third party human capital management processor, Taleo. Taleo collects your application information and securely transfers it to the firm. Collection of your information on the Taleo portal is subject to Taleo’s privacy policy.

Contact Us Form: When you are interested in speaking to an attorney about potential representation, you are directed to a contact form on our website that asks for basic information on how to contact you, and what your matter is concerning. We use this information to contact you regarding our services or events that we feel may be of interest to you.

Other Requests: When you report a problem with our website or services we will collect contact information along with a description of your problem. When you contact us via the firm email addresses, we will collect your contact information and any information you include in your email.

HOW WE USE THE INFO WE COLLECT:

We process your information for the legitimate interest of communicating with clients, prospective clients, prospective employees, and other users about our legal services and our events and publications related to developments in the law. Processing your information for the purposes described is necessary for us to do what we do and it’s in both of our interests. When we use your information based on our legitimate interests, we conduct a balancing test based on the legitimate interest, necessity of processing your information, and how such processing impacts you.

If you have any questions or concerns with us processing your information for this legitimate interest, please email us at privacy@koleyjessen.com.

We’ll ask for your consent before using your information for a purpose that extends beyond what you may reasonably expect from a law firm and that has a more significant privacy impact.

We occasionally hire other companies to provide limited services on our behalf, including website development and operation, preparing marketing materials, sending postal mail or email, analyzing website use, job applications, processing payments and processing data. We process payments through ClientPay, a third party credit card processor. We will only provide those companies the information they need to deliver the service, and they are contractually prohibited from using that information for any other reason.

HOW WE SHARE THE INFO WE COLLECT:

We also may disclose your information in special cases. For example, when we believe that we must disclose information to identify, contact or bring legal action against someone who may be violating our Disclaimer, or may be causing injury to or interference with our rights or property, other website users or clients, or anyone else who may be harmed by such activities. We may disclose visitor information when subpoenaed, if ordered or otherwise required by a court of law, arbitrator, or other similar proceeding or the rules governing such a proceeding, for government investigations, with government agencies if required by law, and when we otherwise believe in good faith that any applicable law requires it.

We may combine with other firms or groups of attorneys. In such transactions, confidential client information generally is one of the transferred business assets. In the event of such a transaction client and site visitor information may be one of the transferred assets and may be disclosed in connection with negotiations relating to a proposed transaction. In such case, the transferred information may become subject to a different privacy policy.

WHAT ARE COOKIES AND HOW DO WE USE THEM:

As part of offering and providing customizable and personalized services, we use cookies and other online tracking technologies (collectively, “cookies”) to store and sometimes track information about you to:

• Provide you with personalized content based on your use of our website.
• Enable you to more easily use our website by remembering and using contact information.
• Evaluate, monitor and analyze the use of our site and its traffic patterns to help improve our website and services.

The types of technologies we use include:

Cookies

A cookie is a small amount of data that is sent to your browser from a Web server and stored on your computer’s hard drive. Cookies enable us to identify your browser as a unique user. Cookies may involve the transmission of information from us to you and from you to us. Cookies may also be used by another party on our behalf to transfer information to us in accordance with their privacy policy.

Cookies are small text files that websites and other online services use to store information about users on the users’ own computers.  Cookies may be used to store a unique identification number tied to your computer so that a website can recognize you as the same user across different visits to the website.  You can configure your Internet browser to warn you each time a cookie is being sent or to refuse cookies completely.

We and the third parties that provide content, functionality, or business services on the website may use cookies to collect information about your browsing activities in order to provide you with more relevant content and promotional materials, on and off the website, and help us understand your interests and improve the website.

Web Beacons

We, along with our third-party partners, may also use technologies called web beacons that communicate information from your Internet browser to a web server. Web beacons can be embedded in web pages, videos, or emails, and can allow a web server to read certain types of information from your browser, check whether you have viewed a particular web page or email message, and determine, among other things, the time and date on which you viewed the web beacon, the IP address of your computer, and the URL of the web page from which the web beacon was viewed.  We and our partners use web beacons for a variety of purposes, including to analyze the use of the Website and in conjunction with cookies to improve the website and to provide you with more relevant promotion materials.

Indirect Collection – Social Networking

The website permits you to use a third party social networking platform such as Facebook, Twitter, and LinkedIn. This includes use of social media plugins such as Facebook “Like”, and Twitter "Tweet". When you use these social networking platforms and plugins, your username and password for the available service or collected from you on these services may be shared with us. When you use social networking platforms and plugins, you share your information with them and their privacy policy applies disclosure of such information. In addition, they may be able to collect information about you, including your activity or may notify your connections on the social networking platform about your use of the website. Such services may allow your activity to be monitored across multiple websites for purposes of delivering more targeted advertising. Please note that their own privacy polices apply and we encourage you to read them. We may add new social networking plugins and buttons to our website from time to time.

CHOICES YOU HAVE ABOUT YOUR INFO:

If you have signed up to receive e-alerts and marketing emails from us, you can unsubscribe or change your preferences by clicking on the links attached to the email.

You may also send us an email at privacy@koleyjessen.com to request access to, correct, or delete any personal information that you have provided to us. Please note, we may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

You may have heard about “Do Not Track” (DNT), which is a privacy preference that users can set in their web browsers. Our website does not support DNT codes.

California residents may have additional personal information rights and choices. Please see Koley Jessen’s Privacy Notice for California Residents below for more information.

HOW WE PROTECT YOUR INFORMATION:

We have appropriate security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorized way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

HOW LONG WE KEEP YOUR INFORMATION:

We keep your information only so long as we need it to provide the service you’ve requested of us (e-alerts, event information, etc.) and fulfill the purposes described in this policy. When we no longer need to use your information for the purpose we collected it and there is no need for us to keep it to comply with our legal obligations, we’ll either remove it from our systems or depersonalize it so that we can't identify you.

OUR POLICY ON CHILDREN’S INFORMATION:

If you are under 18 years of age you should not provide information to us without the involvement of a parent or guardian. We do not collect online contact information without prior parental consent or parental notification, including an opportunity for the parent to prevent use of the information and participation in the activity. We do not knowingly solicit personal information online from, or market online to, children under the age of 13.

KOLEY JESSEN PRIVACY NOTICE FOR CALIFORNIA RESIDENTS:

Effective Date: July 1, 2021

Last Reviewed on: July 1, 2021

This Privacy Notice for California Residents applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.

INFORMATION WE COLLECT:

Our website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, Koley Jessen’s website has collected the following categories of personal information from its consumers within the last twelve (12) months:

Personal information does not include:

• Publicly available information from government records;
• Deidentified or aggregated consumer information; and
• Information excluded from the CCPA’s scope, like:
  • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

Koley Jessen obtains the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, from forms you complete;
• Indirectly from you. For example, from reports of your activity on our website; and
• From third parties, for example, our business partners.

Sources include, but are not limited to, our data subjects, counterparties to transactions or disputes with the data subjects, employers, agents or professional advisers authorized to disclose data  on behalf of data subjects, other publicly available or subscription based sources, conference calls and video conferences with clients and other third parties, and interviews as part of any client feedback program.

USE OF PERSONAL INFORMATION:

We may use or disclose the personal information we collect for one or more of the following purposes:

• To provide legal advice, business services and to respond to inquiries.
• To manage our business operations and administer client relationship programs.
• To provide relevant marketing to you (e.g. information about events or services that may be of interest.
• To personalize your website experience.
• To address compliance and legal obligations (e.g. checking identity of new clients, prevention of fraud/money laundering).
• To consider individuals for employment and contractor opportunities and manage on-boarding procedures, as well as ongoing employment matters.
• For testing, research, analysis, and product development, including to develop and improve our website and services.
• To process your requests.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To help maintain the safety, security, and integrity of our website, services, databases and other technology assets, and business.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Koley Jessen’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Koley Jessen about our website users is among the assets transferred.
• As related to audio/visual, where required for legal/regulatory reasons, to keep a record of client instructions or other matters discussed, and for purpose of transcribing or preparing a written note of client interviews.

Koley Jessen will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

SHARING PERSONAL INFORMATION:

Koley Jessen may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

Disclosure of Personal Information For a Business Purpose

In the preceding twelve (12) months, Koley Jessen disclosed certain categories of California residents’ personal information to the categories of third parties as shown in the table above.

Sales of Personal Information

Koley Jessen does not sell personal information. Therefore, in the preceding twelve (12) months, Koley Jessen has not sold the following categories of information:

1. California Customer Records personal information categories.
2. Protected classification characteristics under California or federal law.
3. Commercial information.
4. Biometric information.
5. Internet or other similar network activity.
6. Geolocation data.
7. Sensory data.
8. Professional or employment-related information.
9. Non-public education information.
10. Inferences drawn from other personal information.

YOUR RIGHTS AND CHOICES:

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that Koley Jessen disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that Koley Jessen delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

1. Complete the transaction for which we collected the personal information, provide a service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

• Submitting an email request to privacy@koleyjessen.com.
• Sending a letter to Koley Jessen P.C., L.L.O. at 1125 South 103 Street, Suite 800, Omaha, NE 68124.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us.

We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

NON-DISCRIMINATION:

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you services.
• Charge you different prices or rates for services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of services.
• Suggest that you may receive a different price or rate services or a different level or quality of services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

GDPR NOTICE:

In compliance with the European Union (“EU”) General Data Protection Regulation (“GDPR”), we may rely upon one or more legal bases defined in the GDPR to collect, use, share and otherwise process the personal information of individual located in the EU, including where:

• Necessary to perform a contract we have with you, such as our terms of engagement, and to provide the services (we refer to this as contractual necessity above);
• You have consented to the processing (in which case you may revoke your consent at any time);
• Necessary for us to comply with a legal obligation, or to establish, exercise or defend legal claims;
• Necessary to protect your vital interests or those of others;
• Necessary in the public interest; and
• Necessary for the purposes of Koley Jessen or a third party’s legitimate interests, such as those of clients, partners, staff or others, provided that those interests are not overridden by your interests or fundamental rights and freedoms.

Where we collect, use, disclose and otherwise process your information based on legitimate interests, we may rely on the following interests:

• Provision of legal services: We use your information to pursue our clients and other impacted individuals’ legitimate interests in obtaining and/or benefitting from legal advice and assistance, as well as our interests in providing legal advice and assistance to our clients.
• Keeping our services safe and secure: We use your information in certain instances as necessary to pursue our and your legitimate interests of keeping some of our services, such as our domains, websites, apps, offices and events, safe and secure. For example, we collect IP addresses and process log files to ensure our website and apps are not subject to fraudulent access.
• Marketing our services: We use your information as necessary to pursue our legitimate interests in marketing our services. For example, where permitted by digital marketing law, we may contact you by email to let you know of future events you might be interested in.
• Providing, improving and developing the services: We use your information as necessary to pursue our legitimate interests in tailoring and improving our services. For example, if you are a client, we may send you a survey or questionnaire to understand your experience in obtaining legal services from Koley Jessen.
• Providing seamless services with affiliates of Koley Jessen: In some cases, the services require the engagement of, or sharing of your information with, other companies affiliated with Koley Jessen.

If you are located in the EU, under certain circumstances, you may have certain legal rights under the GDPR, including:

• To access the personal data we maintain about you
• To receive information about how we process your personal data
• To correct your personal data
• To have your personal data erased
• To object to or restrict how we process your personal data
• To request your personal data be transferred to a third party
• To withdraw any consent you may have given us to process your personal data

If you are an EU resident, you have the right to object to our processing that is based on legitimate interests by contacting us at the address or number below. If you are located in the EU and you believe that Koley Jessen has infringed your rights under the GDPR, please contact us by sending an email to privacy@koleyjessen.com or calling us at: (402) 390-9500.

You have the right to lodge a complaint with a supervisory authority, in particular in your applicable Member State.

KOLEY JESSEN PRIVACY NOTICE FOR NEVADA RESIDENTS:

Effective Date: July 1, 2021

Last Reviewed on: July 1, 2021

This Privacy Notice for Nevada Residents applies solely to all visitors, users, and others who reside in the State of Nevada (“consumers” or “you”). We adopt this notice to comply with Nevada law, which allows Nevada residents to opt out of the sale of certain types of personally identifiable information. While we do not currently sell personal information as defined in Nevada law, you may still submit a verified opt-out request to opt out of any sales. We will record this request and incorporate them in the future if our policy on selling personal information changes. Opt-out requests may be sent to: privacy@koleyjessen.com.

HOW WE MAKE CHANGES TO THIS POLICY:

We may change this policy from time to time and if we do, we will post any changes on this page. If you continue to use our website after those changes are in effect, you agree to the new policy. If the changes are significant, we may provide a more prominent notice or get your consent, as required by law.

CONTACT US:

If you have any questions about this policy or need to contact Koley Jessen to exercise your rights as a data subject under the GDPR or CCPA, please contact Koley Jessen’s Privacy Officer, Justin Haugen, at: privacy@koleyjessen.com or call us at (402) 390-9500.