TMF PRIVACY AND LEGAL TERMS

Last updated June 1, 2021 

The Moskowitz Firm, LLC (“TMF”) is glad to welcome you to our websites, themoskowitzfirm.com and keeptmf.com (collectively, the “Website”).  Since we have a form for you to contact us, we might have access to your voluntarily submitted personal information, which may include your name, email address, postal address or other information that can be used to personally identify you as defined under various laws (“PI”).  

We like to keep things simple at TMF, but even if all you do is give us a fake name and email address- there’s more to say.   But here’s the most important part:  we are committed to transparency and fair practices. You can contact us to access what PI, if any, we have collected about you, correct mistakes, erase certain information, and opt-out of communication, at your request. Here’s the address: admin@themoskowitzfirm.com

You should also note that The Moskowitz Firm retains and reserves all rights in and to this Website and all content, including the brands, text, and images on this Website, and even the language of this Policy.  TMF does not recommend copying our policies. Copyright violations aside, there’s no one size-fits-all policy. And the only thing worse than a cribbed policy is a factually incorrect one. 

Now for the details….  

This document (“Policy”) is intended to set forth important legal terms and policies relating to the privacy of our users including clients and other visitors (“Users”). It will inform you about the type of information that is collected about you on this Website as well as other forms we may collect from you, how it is collected, what it will be used for, and to whom it will be given.  This Policy will also tell you how you may limit our use of your PI.  

We may need to update this Policy to reflect changes to our business and the law and will post any revisions in an easy to find area of our Website. 

Rationale for Data Collection  

TMF only collects and uses PI in connection with communicating with those whom we have an existing business relationship with or legitimate interest in reaching out to, as described in more detail below. You need not provide any PI to access this Website, however in order to for TMF to communicate with you and render the services you request, PI such as your contact information is required.  

What Kind of Information TMF Collects  and Why 

  • Your name, email address, and other contact information you submit voluntarily in connection with an inquiry made through the TMF Website and/or associated follow-up forms.  We use this to communicate with you and respond to your requests.   We may also add you to a mailing list, but there’s always a way to unsubscribe. 
  • Details you voluntarily provide about your matter, including phone number, address, and other company information. We use this to open client files and respond to your requests. 
  • Information about your computer or phone shares with us including Internet Protocol address, hardware type, hardware identifier, device name, operating system version, unique device ID (persistent / non-persistent), media access control address, international mobile equipment identity, as well as what pages are visited.   We don’t pair this info with anything to identify Users directly, but we may use it to improve Website performance. 

Sometimes we use third parties, e.g. payment processors or meeting booking software, which collects the necessary information to complete a transaction.  The info you provide is not stored on our servers but handled by trusted third parties like Quickbooks, Zoho, or Calendly with their own privacy policies. 

We Only Share Your Personally Identifiable Information with Outside Parties When:  

  • You have provided your explicit consent to share the information. 
  • We are required by law to provide your information or we find that your actions on our Website violate our Policy to the extent that an outside investigation in warranted. 
  • We believe doing so is necessary to protect the rights, property or personal safety of TMF or other Users. 
  • We transfer such information to a successor or subsidiary of TMF. 
  • We will provide you with notice if we believe we are compelled to comply with a third party’s request for your personal information. 

Security  

We take the security of all PI obtained through the Website seriously.  Only those who require such information to serve the purposes described above may access it, and only when subject to strict confidentiality.   

We protect our services servers using a combination of administrative, physical and logical security safeguards including industry standard encryption e.g. secure socket layering (SSL) technology.  

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

Cookies    

By now, you probably know that “cookie” is a small file sent from a web server to your browser and is stored on your device when you visit certain websites and applications to save preferences and other information.  You can configure your browser to refuse cookies. We reserve the right to use cookies and similar technologies on the Website  

Newsletter  

For those who optin to our mailing list, and others with whom we have a legitimate interest to contact (e.g. potential clients and colleagues who may be interested in the services offered by TMF), TMF will periodically send you email newsletters and client alerts – and even the occasional piece of regular mail.  Emails will always include an option to unsubscribe or opt out. If you feel you have received an email from us in error, please contact us at policy@themoskowitzfirm.com

Opting-Out, Accessing and Deleting your PI  

You may opt-out of having your PI collected and/or delete your PI by emailing policy@themoskowitzfirm.com. Please note that certain PI is necessary in order to provide legal services, and in order to fulfill other obligations, we may need to continue sending you notices or other important information concerning ongoing matters. 

Requesting Your Information and California Online Privacy Protection Act Compliance 

Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act.  In addition to the information we’ve provided above, on request we can provide more information about (i) the information we collect and how third parties use it, (ii) contact information and addresses of such third parties and (iii) information about the products or websites those third parties market.  Please send such requests to “TMF California User Choice Notice” at the address below.  Once you receive this information, you may request that we modify or remove any of your personal information.  We reserve the right to verify your identity before sending you this information.    

“Do Not Track” Browser Signals  

We currently do not actively respond to Do Not Track browser signals and do not authorize the collection of personal information from Users through technologies deployed in advertising on the Website.    

Access to Children  

There are no features of this Website directed to, and we do not knowingly collect information from children under the age of 16. 

Changes to This Policy  

We reserve the right to change this Policy at any time to keep pace with changes at TMF, our business and/or applicable law. We will post any revisions to this Policy, along with their effective date, in a prominent area of our Website.  We ask that you check back from time to time to ensure you are familiar with the most current version of this Policy.  Your continued use of the Website after any change means that you agree with, and consent to be bound by, the updated Policy. If you disagree with any changes in this Policy, you have the option to terminate your use.  

Jurisdiction and Data Storage  

Please be aware that content submitted to TMF will be transferred to a data center in the United States. If you post information to the Website, you are confirming your consent to such information being hosted and accessed in the United States.  Privacy laws or regulations in your country may differ from those in the United States, where TMF operates from and whose laws govern this Policy.  

Data Retention  

We retain your Personal Information for the period necessary to fulfill the purposes outlined in this Policy, unless a longer retention period is required or allowed by law or to otherwise fulfill a legal obligation.  

Legal Limitations  

THE WEBSITE AND THE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED BY TMF ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION (INCLUDING PRICING INFO) ACCESSED THROUGH THE WEBSITE. TMF DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE TMF SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.  

Claims relating to this Website and to the information, content, material and services available through this Website are governed by the laws of the United States of America and the State of Ohio, as applicable.  You hereby unconditionally, voluntarily and irrevocably consent to the exclusive jurisdiction and venue of the United States District Court for the Northern District of Ohio, Eastern Division, and the Court of Common Pleas of Cuyahoga County, Ohio in any claim or dispute concerning, relating to, or arising from this Website and any information received from or through this Website.  You agree not to plead forum non conveniens in any such action and you consent to service of process.  

The Website is controlled and offered by TMF from the United States of America. TMF makes no representations that the Website is appropriate or available for use in other locations. Users who access or use the Website from other jurisdictions do so at their own risk and must at all times comply with local law. If any provision of this Policy is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction, without affecting the validity or enforceability of the remaining provisions of this Policy. You agree that all notices, disclosures, and other communications that TMF provides to you electronically (including by e-mail) satisfy any legal requirement that such communications be in writing.  

Contact Us    

TMF has appointed a Privacy / Data Protection Officer, who is accountable for the compliance with these privacy principles and can answer any questions you may have.  You may contact the officer by e-mail at policy@themoskowitzfirm.com.  In addition, you may feel free to file a complaint directly with us, or we can direct you to the relevant government authority.  

Acceptance of This Policy 

By using this Website, you agree to the Policy as well as any posted changes.  By using this Website, you hereby consent to the collection and use of your personal information by TMF.  If you do not agree to the terms, DO NOT use our Website.