1. Information KTS Collects About You
We may collect and use personal information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be directly or indirectly linked, with a consumer, device, or household (“personal information”).
Personal Information does not include:
- Publicly available information from government records.
- Deidentified or aggregated consumer information.
- Information excluded from the CCPA’s scope, such as (but not limited to) information governed by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the California Confidentiality of Medical Information Act (“CMIA”), the Fair Credit Reporting Act (“FCRA”), the Gramm-Leach-Bliley Act (“GLBA”), California Financial Information Privacy Act (“FIPA”), and the Driver’s Privacy Protection Act of 1994 (“DPPA”).
We collect (and have collected in the past 12 months) several types of personal information about individuals offline regarding accounts, including: Identifiers (e.g., name, DOB, address, email address, SSN, telephone number, and other similar identifiers); Categories of Personal Information as Described in Section 1798.80(e) of California Customer Records Act (e.g., medical information, financial information, and signature); Characteristics of Protected Classifications (e.g., gender or military or veteran status); Commercial Information (e.g., account number, previous payment and other financial information); Internet or Other Electronic Network Activity Information (e.g., IP address, browsing history, search history, and information regarding your interaction with our website); Geolocation Data (e.g., if you visit our office and connect your electronic device to our office’s wireless network); Audio Information (e.g., voice messages you leave on our firm’s voice mailbox); Professional or Employment-Related Information (e.g., employment information); and other information that you voluntarily provide us and which we collected or shared pursuant to HIPAA, FIPA, GLBA, FCRA, DPPA, and/or other applicable privacy laws. We also may collect additional categories of personal information users provide directly to us or our service providers.
2. How Your Personal Information is Collected
We collect most of this personal information from you, your authorized representative or by our clients by telephone or written communications.
However, we may also collect information:
- From publicly accessible sources (e.g., property records or court records);
- From our service providers (e.g., call analytics, skip-tracing, payment processing and other vendors);
- From internet service providers and data analytics providers (e.g., IP addresses and browsing history); and
- From third parties involved with your legal matter (e.g., other law firms, witnesses and opposing parties).
You do not have to give us any personal information in order to use most of our websites, and in most instances you will provide us with your personal information voluntarily. However, with respect to our clients or potential clients, there are circumstances in which we may not be able to assist you, or an organization with which you are associated, unless you provide us with your personal information. For example, your personal information may be required for legally required compliance checks, to carry out instructions, for security and other reasons to allow you to access our premises. In these cases, without the relevant personal information, we may be unable to assist you or your organization, and we would inform you or your organization that this is the case.
3. Why We Use or Disclose Your Personal Information
We regularly use or disclose personal information for several business purposes, including without limitation to:
- Fulfill the reason you provided the information. For example, if you share your personal information to make a payment, we will use that information to process your payment.
- Perform services on behalf of a business or service provider, including without limitation maintaining or servicing accounts, providing customer service, processing transactions, verifying customer information, processing payments, providing analytic services, or providing similar services on behalf of the business or service provider.
- Provide you with information or services that you request from us.
- Audit related to consumer interactions.
- Detect security incidents, protect you against malicious, deceptive, fraudulent, or illegal activity, and prosecute those responsible for that activity.
- Debug to identify and repair errors that impair existing intended functionality.
- Undertake short-term, transient use, where the personal information is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer’s experience outside the current interaction.
- Undertake activities to verify or maintain the quality of a service or device that is owned, made by or for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, made by or for, or controlled by us.
- Undertake internal research to improve our websites and service offerings.
- Communicate with you regarding our services, alerts and payments.
- Manage client databases and verify identities.
- Provide access to sites and facilities.
- Respond to law enforcement requests and as required by applicable law or court order.
- Protect the rights, property, or safety of us, our clients, or others as we deem appropriate in our sole and absolute discretion.
- Undertake activities as described to you when collecting your personal information or as otherwise set forth in the CCPA.
We will not collect additional categories of personal information or use the personal information we collected for materially different purposes without providing you notice.
We may share personal information from each category of personal information identified above to third parties as we deem necessary to fulfill one or more of our business purposes. Such third parties include without limitation our internet service providers, data analytics providers, government entities, operating systems and platforms and other service providers or third parties.
We do not “sell” personal information, as such term is defined under the CCPA, and will not sell your personal information without first providing you with notice and an opportunity to opt-out of such sale as required by law.
4. Right to Know About Personal Information Collected, Disclosed or Sold
Upon verification of identity, California residents may in some cases request that a business:
- Disclose the categories of personal information the business collected and used about the consumer;
- Disclose the categories of personal information that the business sold about the consumer;
- Disclose the categories of personal information that the business disclosed about the consumer for a business purpose;
- Disclose the categories of third parties with whom the business shares personal information
- Disclose specific pieces of personal information the business has collected about the consumer
To exercise the above access rights, you will need to submit a verified consumer request to us as further described below. For applicable personal information access and portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.
Please note that we are not required to:
- Carry out information access requests we receive from you if acting as a service provider to another entity regarding such information
- Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;
- Re-identify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information;
- Provide the requested information disclosure to you more than twice in a 12-month period.
- Provide the requested information disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person’s behalf; or
- Provide the requested information disclosure if an exception under the CCPA or any other applicable law applies.
5. Right to Request Deletion of Personal Information
Upon verification of identity, California residents may in some cases request that we delete personal information about you that we collected from you and retained, subject to certain exceptions.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
- Complete the transaction for which the personal information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and the relevant business.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
- Debug to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act.
- Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
- Comply with a legal obligation.
- Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
- Comply with another exception under the CCPA or applicable law.
Please note that a record of your deletion request may be kept pursuant to our legal obligations.
6. Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Right
California residents have a right not to receive discriminatory treatment by businesses for the exercise of their privacy rights conferred under the CCPA.
7. Exercising Your Rights
California residents may submit verifiable requests for information or deletion described herein by calling us at 833-350-1630 or by email at email@example.com.
You are permitted to designate an authorized agent to submit a request for information or deletion on your behalf. The authorized agent may be a natural person or a business entity registered with the Secretary of State to conduct business in California, that you have authorized to act on your behalf. All requests from an authorized agent must be accompanied by a signed written statement from you which includes your clear authorization and permission for such agent to submit the request under your behalf or power of attorney that complies with Probate Code sections 4121 to 4130. We may also follow up with you to verify your identity before processing the authorized agent’ s request.
8. Verifying Your Identity If You Submit CCPA Requests
If you choose to contact us directly via the designated methods described above to exercise your CCPA rights, you will need to:
- Provide enough information for us to reasonably identify you [(e.g., your full name, account number if applicable, and potentially other identifying information that you have provided us]; and
- Describe your request with sufficient detail to allow us to properly process and respond to your request.
We are not obligated to make an information disclosure or carry out a deletion request pursuant to the CCPA if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person’s behalf.
Any personal information we collect from you in order to verify your identity in connection with your CCPA request will be used solely for the purposes of verification.
9. Contact Us
Last Updated: November 10, 2020