Privacy & Cookie Policy

Effective: September 9, 2024

This Privacy Policy describes the privacy practices and types of information Knobbe, Martens, Olson & Bear, LLP (“Knobbe,” “we,” “our” or “us”) with regard to clients, website visitors and other individuals who share personal information with us.

The Policy describes the personal information we collect, use, and disclose about individual clients, Website visitors, and other individuals who attend events organized or hosted by us. The Policy also explains the rights and choices certain individuals may have regarding their own personal information that is subject to the Policy. If we have entered into other privacy or data related agreements with you or your company and there is a conflict between the Policy and those other agreements, those other agreements will control.

The Policy does not apply to information collected by Knobbe in the course of attorney-client relationships or any information that is protected by attorney-client privilege, or similar protections. The Policy does not create an attorney-client privileged relationship with regard to any user of the Website.

The data controller for the Website is Knobbe Martens, 2040 Main Street, 14^th Floor, Irvine CA 92614.

1. INFORMATION WE COLLECT

Whenever you visit our website at www.knobbe.com or other sites under our control (collectively and individually “Website”), we will collect certain information, (“Personal Information” as defined below) from you automatically simply by you visiting and navigating through the Website, and some voluntarily when you submit information using a form on the Website. Through the Website, we will collect information that can identify you and/or your activity.

Whenever you communicate with or engage us to provide you with legal services, we will be collecting Personal Information from you or about you in the course of discussing or providing such legal services. This applies when we represent you personally in your personal capacity, and not when we represent your business or employer and you are simply our client contact for that business or employer. And, when you register for or attend an event organized or hosted by us, we will collect personal information from you or about you.

We may also receive Personal Information from other sources of information, such as third parties (e.g., service providers or events) or other publicly available information sources.

Knobbe collects the following categories of Personal Information. For each category of Personal Information, we identify examples of the category, the business purposes for which we use the information in that category, the categories of sources from which the Personal Information is collected, and the categories of third parties with whom we have shared the Personal Information in the last 12 months.

Category: Personal Identifiers And Contact Information
1. Examples of Personal Information:
  1. Name;
  2. Mailing address;
  3. Email address;
  4. Phone number;
  5. Business affiliation; and
  6. Bar number.
2. Exemplary Business Purpose for Which Personal Information is Used:
  1. Providing legal services in accordance with our agreement with you, or in accordance with our agreement with our client, or otherwise providing or discussing our legal services to/with you;
  2. Communicating with you in connection with provision of legal services, including sending statements and invoices, and to deal with inquiries and complaints made by or about you relating to the legal services;
  3. Promoting our legal services, such as through legal alerts and marketing communications;
  4. Communicating with any insurance companies providing or potentially providing insurance coverage related to the legal services;
  5. Hosting or organizing events, including for CLE credit;
  6. Participating in legal and business organizations;
  7. Complying with our legal and ethical obligations, such as conducting conflict checks for potential new clients;
  8. Responding to inquiries, including, but not limited to, those by telephone, email, and our website; and
  9. Verifying and responding to consumer requests.
3. Categories of Sources from Which Information Received
  1. Our clients or records and information provided by our clients;
  2. Your insurance company; and
  3. Visitors to our Website.
4. Categories of Third Parties to Whom Information Was Disclosed in Last 12 Months
  1. We may share information necessary to collect unpaid fees arising from legal services provided;
  2. We may share information to state bar associations in connection with application or reporting of CLE credit or participation;
  3. We may share information to third parties designated by you to provide services you have requested;
  4. We may share information with your consent or at your direction, including if we notify you that your personal information will be disclosed in a particular manner and you provide such personal information; and
  5. Except as provided herein, we do not share this information with any third party, unless required to do so by law or government agency, for the purpose of defending or prosecuting legal claims, for advising and counseling our clients, or for safekeeping and storing the information (such as in electronic databases managed or hosted by third parties).
Category: Commercial Information
1. Examples of Personal Information:
  1. Credit card numbers, expiration dates, and CVV codes;
  2. Bank account information;
  3. Wiring instructions;
  4. Tax forms; and
  5. Social security numbers
2. Exemplary Business Purpose for Which Information is Used
  1. Processing payments from you to Knobbe;
  2. Communicating with you in connection with payments for services and transfers of money between you and Knobbe; and
  3. Verifying and responding to consumer requests.
3. Categories of Sources from Which Information Received
  1. From you or your authorized agent or representative(s).
4. Categories of Third Parties to Whom Information Was Disclosed in Last 12 Months
  1. We may share information to third parties designated by you to provide services you have requested;
  2. We may share information with your consent or at your direction, including if we notify you that your personal information will be disclosed in a particular manner and you provide such personal information; and
  3. Except as provided herein, we do not share this information with any third party, unless required to do so by law or government agency, for the purpose of defending or prosecuting legal claims.
Category: Professional or Employment Information
1. Examples of Personal Information
  1. Information about your current and past employers, business units, job titles, functions and the nature of your job duties and responsibilities;
  2. Recruitment information, such as your resume, cover letter, references, employment application, recorded interviews, information provided to us during an interview, interview notes, background check information, and assessment of recruitment information;
  3. Postal address;
  4. Taxpayer identification information;
  5. Banking information;
  6. Commuting information and preferences; and
  7. Social security information.
2. Exemplary Business Purpose for Which Information is Used
  1. To manage our hiring and recruiting activities, such as to assess your skills, qualifications, and suitability for a particular role or opportunity, communicate with you about the recruitment and hiring process, respond to your requests, inquiries, and comments, verify your information, complete your reference and/or background checks (where applicable) if we offer you a position or other opportunity with us, and improve our recruitment and hiring process more generally;
  2. Communication purposes, such as communicating with you about professional services you provide to the Firm and the Client Services we provide, responding to your questions, comments, and requests when you contact us, and providing information or services you request and sending you related information;
  3. Communicating with any insurance companies providing or potentially providing insurance coverage related to employment;
  4. Contractual purposes, such as to enter into or carry out contracts;
  5. Marketing, such as to send newsletters, updates, and other communications we think will be of interest to you, including about our services, programming, and events unless you have opted out of such communications; and
  6. To protect the health, safety, and vital interests of the Firm, personnel, applicants, or another natural person; and
  7. Configuring facility access and security, such as using personal information to register and host you at our offices, as well as to ensure the security of our physical offices.
3. Categories of Sources from Which Information Received
  1. Records provided by you, including but not limited to proof of identity, banking information, and paperwork documenting sick leave or leave of absence requests;
  2. Our timekeeping systems;
  3. Our clients or records provided by our clients;
  4. Records provided by other third parties (including, but not limited to, other parties to litigation in which we represent a client, third parties responding to a subpoena, and notices from courts or other lienholders); and
  5. Your insurance carrier providing you coverage in the matter in which we represent you.
4. Categories of Third Parties to Whom Information Was Disclosed in Last 12 Months
  1. We may share information related to employment or professional service with any of the following:
    1. Cloud service providers;
    2. Marketing service providers;
    3. Event management software and event service providers;
    4. Data analytics providers;
    5. Software development providers;
    6. Search firms and headhunters;
    7. Recruiting software;
    8. Internet service providers;
    9. Data storage providers;
    10. Background check providers;
    11. State bar associations; and
    12. Legal support vendors.
  2. Except as provided herein, we do not share this information with any third party, unless required to do so by law or government agency, for the purpose of defending or prosecuting legal claims.
Category: Documentation and Information About Your Legal Matter(s)
1. Examples of Personal Information
  1. Records provided by you (which may include personal identifiers, protected classifications, commercial data, biometric data, internet activity, geolocation data, mobile device data, or financial/employment data);
  2. Fee agreements;
  3. Pleadings and filings, correspondence (including e-mail correspondence) with you or relating to your legal matter(s); timekeeping and payment records relating to your legal matter(s); documents and communications with vendors relating to your legal matters; and
  4. Communications and documents from opposing counsel.
2. Exemplary Business Purpose for Which Information is Used
  1. Providing legal services in accordance with our agreement with you, or in accordance with our agreement with our client;
  2. Communicating with you in connection with provision of legal services, including sending statements and invoices, and to deal with inquiries and complaints made by or about you relating to the legal services;
  3. Communicating with any insurance companies providing or potentially providing insurance coverage related to the legal services;
  4. Complying with our legal and ethical obligations, such as conducting conflict checks for potential new clients and maintaining your information to run future conflict checks on other new clients even if you are no longer a client or have an active case; and
  5. Evaluating our employee’s performance of their job duties and employee conduct.
3. Categories of Sources from Which Information Received
  1. Our clients, or information, records, or other property (including, but not limited to, electronic devices and digital data) provided by our clients;
  2. Your insurance company;
  3. Court records or other public documents;
  4. Records provided by other third parties (including but not limited to other parties to litigation in which we represent our client and records obtained pursuant to subpoena);
  5. Documentation and records created by our employees; and
  6. Your insurance carrier providing you coverage in the matter in which we represent you.
4. Categories of Third Parties to Whom Information Was Disclosed in Last 12 Months
  1. Communication purposes, such as communicating with you about professional services you provide to the Firm and the Client Services we provide, responding to your questions, comments, and requests when you contact us, and providing information or services you request and sending you related information;
  2. Advise on current, prospective, or potential legal claims, provide personal or corporate guidance; ensure compliance with legal obligations; assist with due diligence and commercial deals; advise on mergers and acquisitions; and various other legal activities; and
  3. Facilitate client intake and administration, including generating bills, invoices, and disbursements; and
  4. Except as provided herein we do not share this information with any third party, unless required to do so by law or government agency, for the purpose of defending or prosecuting legal claims.
Category: Computer, Electronic Device, Network, and Internet Activity
1. Examples of Personal Information:
  1. Date and time of your visit to our Website;
  2. Dates, time, and webpages visited;
  3. Links clicked on webpages visited;
  4. Browser ID; browser type;
  5. Device ID; operating system;
  6. Form information downloaded;
  7. Domain name from which our site was accessed; cookies; programs and documents accessed on our computers; and e-mails sent.
2. Exemplary Business Purpose for Which Information is Used
  1. Improving the Website, network, and internet experience for all visitors;
  2. Understanding the demographics of our Website visitors;
  3. Operating and maintaining the Website and our network;
  4. Detecting security incidents;
  5. Debugging to identify and repair errors that impair existing intended functionality of the Website or our network;
  6. Protecting against malicious or illegal activity and prosecuting those responsible;
  7. Blocking access to inappropriate content on the Company network or internet;
  8. Monitoring employee productivity;
  9. Ensuring employees comply with our Electronic Devices and Remote Access Policies;
  10. Archiving documents on, e-mails sent from, and activity on employer-provided devices; and
  11. Verifying and responding to consumer requests.
3. Categories of Sources from Which Information Received
  1. Employer-provided electronic devices;
  2. Employer-provided e-mail accounts and the device and browser used to access the accounts;
  3. Individuals using company electronic or digital resources such as our internet (including both guest and private wireless networks), network, or digital platforms, and the device and browser used during such activities;
  4. Individuals sending e-mails to an address in the company domain; and
  5. Visitors to our Website and the device and browser used to access the Website.
4. Categories of Third Parties to Whom Information Was Disclosed in Last 12 Months
  1. Service improvement and analytics, such as to personalize and improve your experience on the Websites and Apps; monitor and analyze usage, trends, and activities related to the Websites and Apps, and identify, report, and repair errors that impair the functionality of the Websites and Apps;
  2. Contractual purposes, such as to enter into or carry out contracts;
  3. Marketing, such as to send newsletters, updates, and other communications we think will be of interest to you, including about our services, programming, and events unless you have opted out of such communications; and
  4. Except as provided herein, we do not share this information with any third party, unless required to do so by law or government agency.
Category: Geolocation Data
1. Examples:
  1. IP Address.
2. Exemplary Business Purpose for Which Information is Used
  1. Improving the Website experience for all visitors;
  2. Understanding the demographics of our Website visitors;
  3. Detecting security incidents;
  4. Debugging to identify and repair errors that impair existing intended functionality of the Website;
  5. Protecting against malicious or illegal activity and prosecuting those responsible;
  6. Monitoring employee productivity;
  7. Ensuring employees comply with our Electronic Devices and Remote Access Policies;
  8. Archiving documents on, e-mails sent from, and activity on employer-provided devices; and
  9. Verifying and responding to consumer requests.
3. Categories of Sources from Which Information Received
  1. Employer-provided electronic devices;
  2. Employer-provided e-mail accounts and the device and browser used to access the accounts;
  3. Individuals using company electronic or digital resources such as our internet or digital platforms, and the device and browser used during such activities;
  4. Visitors of our Website and the device and
  5. Browser used to access the Website
4. Categories of Third Parties to Whom Information Was Disclosed in Last 12 Months
  1. Service improvement and analytics, such as to personalize and improve your experience on the Websites and Apps; monitor and analyze usage, trends, and activities related to the Websites and Apps, and identify, report, and repair errors that impair the functionality of the Websites and Apps;
  2. Contractual purposes, such as to enter into or carry out contracts;
  3. Marketing, such as to send newsletters, updates, and other communications we think will be of interest to you, including about our services, programming, and events unless you have opted out of such communications; and
  4. Except as provided herein, we do not share this information with any third party, unless required to do so by law or government agency.
Category: Mobile device information
1. Examples:
  1. Mobile phone number
2. Exemplary Business Purpose for Which Information is Used
  1. No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties unless required to do so by law or government agency, for the purpose of defending or prosecuting legal claims, for advising and counseling our clients to the extent applicable, or for safekeeping and storing the information (such as in electronic databases managed or hosted by third parties). We may also share such information as necessary to collect unpaid fees arising from legal services provided.

2. DO WE SELL ANY OF YOUR PERSONAL INFORMATION?

Knobbe does NOT sell your personal information, including the data of any minors. We do not sell or otherwise trade the personal information that we collect from our Website visitors at any point or under any circumstance.

3. USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES

Cookies are small files that a Website may transfer to a user’s computer that reside there for either the duration of the browsing session (session cookies) or on a permanent (until deleted) basis (persistent cookies) that may be used to identify a user, a user’s machine, or a user’s behavior. We make use of cookies on our Website under the following circumstances and for the following reasons:

1. - To enable users to log in to secure areas of our Website;
  - To compile data about site traffic to offer a better Website experience; and
  - To understand and save visitor preferences for future visits.

Do Not Track (DNT) is a privacy preference that users can set if they do not want web services to collect information about their online activity. However, there is currently no universal standard for sending and receiving DNT signals. Due to this lack of universal standard, it would be impossible for us to promise that we comply with all known and unknown DNT standards.

Therefore, we do not respond to DNT signals or other mechanisms that provide a choice regarding the collection of personal information about activities over time and across different Web sites or online services. If a universal standard for DNT becomes available, we may revisit our DNT Policy.

By using our Website, you consent to the use of cookies as described in this Policy. If you wish to withdraw your consent, you can disable cookies on your device at any time by activating the setting in the preferences or options menu in your browser. However, disabling cookies may limit your ability to use our site. You can find more information about cookies at www.allaboutcookies.org and more information about deleting or blocking cookies at www.aboutcookies.org.

4. YOUR RIGHTS AS A CALIFORNIA CONSUMER

If you are a California resident, you have the following rights:

1. 1. The right to request, up to two times in a 12-month period, that we identify to you (a) the categories of personal information we have collected, disclosed or sold about you in the last 12 months, (b) the categories of sources from which the personal information was collected, (c) the business purpose for which we use this information, and (d) the categories of third parties with whom we share or have shared your personal information in the last 12 months (the foregoing shall be referred to hereinafter as a “consumer request”);
  2. The right to request, up to two times in a 12-month period, that we disclose to you, free of charge, the specific pieces of Personal Information we have collected about you in the last 12 months;
  3. The right to request, up to two times in a 12-month period, that we delete personal information that we collected from you, subject to certain exceptions;
  4. The right to request, up to two times in 12-month period, that we correct or update any incomplete or inaccurate information we hold about you;
  5. The right to request, up to two times in a 12-month period to suspend the processing of certain of your personal information about you, for example if you want us to establish its accuracy or the reason for processing it;
  6. You may contest any automated decision made about you where this has a legal or similar significant effect and ask for it to be reconsidered;
  7. Where we are processing personal data with consent, you can withdraw your consent;
  8. The right to opt-out of the sale of your personal information to third parties;
  9. The right to designate an authorized agent to submit one of the above requests on your behalf; and
  10. The right to not be discriminated against in receiving different or less favorable pricing, service or financial incentive for exercising any of the above rights.

5. INDIVIDUALS IN THE EEA, UK, OR SWITZERLAND

If you are located in the EEA, the UK, or Switzerland, you have certain rights and protections under applicable laws regarding the processing of your personal data, and this section applies to you.

Legal Basis for Processing

When we process your personal data, we will do so in reliance on the following lawful bases:

1. 1. To perform our responsibilities under our contract with you or to take steps at the request of the data subject prior to entering into a contract (e.g., processing payments for and providing the products and services you requested).
  2. When we have a legitimate interest in processing your personal data to operate our business or protect our interests (e.g., to provide, maintain, and improve our products and services, conduct data analytics, and communicate with you).
  3. To comply with our legal obligations (e.g., to maintain a record of your consents and track those who have opted out of marketing communications).
  4. When we have your consent to do so (e.g., when you opt in to receive marketing communications from us). When consent is the legal basis for our processing of your personal data, you may withdraw such consent at any time.
  5. When processing is necessary to protect the vital interests of the Firm, personnel, applicants, or another natural person (e.g., in the case of a medical emergency).

6. HOW TO SUBMIT A CONSUMER REQUEST

You can submit a verifiable consumer request to know or request for deletion of your personal information by any of the two options below:

1. 1. Submit an online request via email to privacy@knobbe.com.
  2. Call our privacy toll-free line at 888-417-7444.

7. HOW WE WILL VERIFY THAT IT IS REALLY YOU SUBMITTING THE CONSUMER REQUEST

When you submit a consumer request through one of the methods provided above, we will ask you to provide some information in order to verify your identity and respond to your request. Specifically, we will ask you to verify information that can be used to link your identity to particular records in our possession, which depends on the nature of your relationship and interaction with us. For example, if your sole interaction with us was as a website visitor, then in order to verify your identify, we will need to ask you to provide your name, email, phone number, IP address, device ID, browser ID, and/or cookie ID.

8. HOW TO AUTHORIZE AN AGENT TO ACT ON YOUR BEHALF

You can authorize someone else as an Authorized Agent who can submit a consumer request on your behalf. To do so, you must either (a) execute a valid, verifiable, and notarized Power of Attorney or (b) provide other written authorization that we can then verify. When we receive a consumer request submitted on your behalf by an Authorized Agent, that person will be asked to provide written proof that they have your permission to act on your behalf, and we will also contact you and ask you for information to verify your own identity directly with us and not through your Authorized Agent.

9. RESPONDING TO YOUR CONSUMER REQUESTS

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 45 additional days, or 90 days total, from the date we receive your request), we will inform you of the reason and extension period in writing. 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 our receipt of your verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. 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.

10. CHILDREN UNDER THE AGE OF 16

Our Website is not intended for children under 16 years of age. No one under age 16 may provide any personal information on the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at the email address below.

11. HOW WE PROTECT THE INFORMATION THAT WE COLLECT

We employ reasonable organizational, technical, and administrative measures to provide a level of security appropriate to the risk associated with the personal information that we collect. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. If you have concerns about the security of your information with Knobbe, please contact us immediately at privacy@knobbe.com.

12. SOCIAL MEDIA

We include links to social media sites, such as LinkedIn, Twitter and Facebook, on our Website. If you follow links to these websites or services, any information you contribute will be governed by the terms of use or privacy policies for those third-party websites and may be visible to others. This Policy does not apply to third-party services, and we cannot take responsibility for the content, privacy policies, or practices of third-party services. We encourage you to review the privacy policies of any third-party service before providing any information to or through them.

You should never share or post personal, financial or sensitive information or any information you expect to be treated confidentially through those websites.

13. CONSUMERS WITH DISABILITIES

This policy is in a form that is accessible to consumers with disabilities.

14. QUESTIONS ABOUT THIS POLICY

If you have any questions about this Privacy Policy, you should contact us by phone at 888-417-7444 or via email at privacy@knobbe.com.

15. CONSENT TO TERMS AND CONDITIONS

By using our legal services, accessing our Website, or otherwise engaging in activities described above, you consent to all Terms and Conditions expressed in this Policy.

16. CHANGES

From time to time we may modify and/or update this Policy and so we encourage you to check back on our Website at https://www.knobbe.com/privacy-policy on a regular basis to determine if any changes have been made.