PRIVACY POLICY

GENERAL

DiSchino & Schamy, PLLC (“DS” or “we” or “us” or “our”) respects the privacy of its users (“User” or “you”) that use our website located at www.dsmiami.com, including other media forms, media channels or mobile website related or connected thereto (collectively, the “Website”). The following privacy policy (“Privacy Policy”) is designed to inform you, as a user of the Website, about the types of information that DS may gather about or collect from you in connection with your use of the Website. It also is intended to explain the conditions under which DS uses and discloses that information, and your rights in relation to that information. Changes to this Privacy Policy are discussed at the end of this document. Each time you use the Website, however, the current version of this Privacy Policy will apply. Accordingly, each time you use the Website you should check the date of this Privacy Policy (which appears at the end of this document) and review any changes since the last time you used the Website.

The Website is hosted in the United States of America and is subject to U.S. state and federal law. If you are accessing our Website from other jurisdictions, please be advised that you are transferring your personal information to us in the United States, and by using our Website, you consent to that transfer and use of your personal information in accordance with this Privacy Policy. You also agree to abide by the applicable laws of applicable states and U.S. federal law concerning your use of the Website and your agreements with us. Any persons accessing our Website from any jurisdiction with laws or regulations governing the use of the Internet, including personal data collection, use and disclosure, different from those of the jurisdictions mentioned above may only use the Website in a manner lawful in their jurisdiction. If your use of the Website would be unlawful in your jurisdiction, please do not use the Website.

From time to time, we may want to contact you with information about announcements and Website updates. You may opt out of such communications at any time by clicking the “unsubscribe” link found within DS’s emails and changing your contact preferences. If you have an account on our Website you may continue to receive transactional messages related to our services, even if you unsubscribe from promotional emails.

For EEA users: We only send marketing communications to users located in the EEA with your prior consent. Please see the section “For EEA users” below.

 

GATHERING, USE AND DISCLOSURE OF NON-PERSONALLY-IDENTIFYING INFORMATION

Users of the Website Generally

“Non-Personally-Identifying Information” is information that, without the aid of additional information, cannot be directly associated with a specific person. “Personally-Identifying

Information,” by contrast, is information such as a name or email address that, without more, can be directly associated with a specific person. Like most website operators, DS gathers from users of the Website Non-Personally-Identifying Information of the sort that web browsers, depending on their settings, may make available. That information includes the user’s Internet Protocol (IP) address, operating system, browser type and the locations of the websites the user views right before arriving at, while navigating and immediately after leaving the Website, as more fully described herein. Although such information is not Personally-Identifying Information, it may be possible for DS to determine from an IP address a user’s Internet service provider and the geographic location of the visitor’s point of connectivity as well as other statistical usage data. DS may analyze Non-Personally-Identifying Information gathered from users of the Website to help DS better understand how the Website is being used. By identifying patterns and trends in usage, DS is able to better design the Website to improve users’ experiences, both in terms of content and ease of use.

 

User Content

We also collect User Content. “User Content” is defined as all text, documents, or other content or information uploaded, entered, or otherwise transmitted by you to us in connection with your use of the Website.

 

Automatically Collected Information

Certain data about the devices you use to connect with our Website and your use of the Website are automatically logged in our systems, including:

Mobile Device Information. If you use a mobile device to access the Website, we may collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.

Log data. As with most websites and technology services delivered over the internet, our servers automatically collect data when you access or use our Website and record it in log files. This log data may include the IP address, browser type and settings, the date and time of use, information about browser configuration, language preferences, and cookie data.

Usage information. This is information about the Website and how you use it. We may also obtain data from our third-party partners and service providers to analyze how users use our Website. For example, we will know how many users access a specific page on the Website and which links they clicked on. We use this aggregated information to better understand and optimize the Site.

Device information. These are data from your computer or mobile device, such as the type of hardware and software you are using (for example, your operating system and browser type), as well as unique device identifiers for devices that are using our software.

Web Cookies. Data obtained from cookies are described below and in our Cookie Policy.

 

Web Cookies

Web Cookies are small text files stored on your device and used by web browsers to deliver personalized content and remember logins and account settings. DS uses Web Cookies and similar technologies, including tracking pixels and web beacons, to collect usage and analytic data that helps us provide our Website to you, as well as to help deliver ads for relevant products and services to you when you visit certain pages on the Website and then visit certain third-party sites. For more information on cookies and how DS uses them, please see our Cookie Policy.

WEBSITE USERS WHO DO NOT WISH TO HAVE WEB COOKIES PLACED ON THEIR COMPUTERS SHOULD SET THEIR BROWSERS TO REFUSE WEB COOKIES BEFORE ACCESSING THE WEBSITE, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF WEB COOKIES. WEBSITE USERS WHO REFUSE WEB COOKIES ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.

 

Web Beacons

A “Web Beacon” is an object that is embedded in a web page or email that is usually invisible to the user and allows website operators to check whether a user has viewed a particular web page or an email. DS may use Web Beacons on the Website and in emails to count users who have visited particular pages, viewed emails and to deliver co-branded services. Web Beacons are not used to access users’ Personally-Identifying Information. They are a technique that DS may use to compile aggregated statistics about Website usage. Web Beacons collect only a limited set of information, including a number, time and date of a page or email view and a description of the page or email on which the Web Beacon resides. You may not decline Web Beacons. However, they can be rendered ineffective by declining all Web Cookies or modifying your browser setting to notify you each time a Web Cookie is tendered, permitting you to accept or decline Web Cookies on an individual basis.

 

Analytics

We may use third-party vendors, including Google, who use first-party Web Cookies (such as the Google Analytics cookie) and third-party Web Cookies (such as the DoubleClick cookie) together to inform, optimize and serve ads based on your past activity on the Website, including Google

Analytics for Display Advertising. The information collected may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. If you do not want any information to be collected and used by Google Analytics, you can install an opt-out in your web browser (https://tools.google.com/dlpage/gaoptout/) and/or opt out from Google Analytics for Display Advertising or the Google Display Network by using Google’s Ads Settings (www.google.com/settings/ads). More information on Web Cookies can be found in our Web Cookie Policy.

 

Aggregated and Non-Personally-Identifying Information

We may share aggregated and Non-Personally Identifying Information we collect under any of the above circumstances. We may also share it with third parties and our affiliate companies to develop and deliver targeted advertising on the Website and on websites of third parties. We may combine Non-Personally Identifying Information we collect with additional Non-Personally Identifying Information collected from other sources. We also may share aggregated information with third parties, purpose of conducting general business analysis. This information does not contain any Personally-Identifying Information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.

 

Additional Terms for Mobile Device Users

Geo-Location Information.

Unless we have received your prior consent, we do not access or track any location-based information from your mobile device at any time while using the Website, except that it may be possible for DS to determine from an IP address the geographic location of your point of connectivity, in which case we may gather and use such general location data.

 

Social Media

We may use hyperlinks on the Website which will redirect you to a social network if you click on the respective link. However, when you click on a social plug-in, such as Facebook’s “Like” button, Twitter’s “tweet” button or the Google+, that particular social network’s plugin will be activated and your browser will directly connect to that provider’s servers. If you do not use these buttons, none of your data will be sent to the respective social network’s plugin provider. So for example, when you click on the Facebook’s “Like” button on the Website, Facebook will receive your IP address, the browser version and screen resolution, and the operating system of the device you have used to access the Website. Settings regarding privacy protection can be found on the websites or applications of these social networks and are not within our control.

 

COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION

As defined above, Personally-Identifying Information is information that can be directly associated with a specific person. DS may collect a range of Personally-Identifying Information from and about Website users. Much of the Personally-Identifying Information collected by DS about users is information provided by users themselves when communicating with us or signing up to receive newsletters. That information may include each user’s name, address, email address and telephone number, and, if you transact business with us, financial information such as your payment method (valid credit card number, type, expiration date or other financial information). We also may request demographic or other relevant information as determined by DS from time to time. Users of the Website are under no obligation to provide DS with Personally-Identifying Information of any kind, with the caveat that a user’s refusal to do so may prevent the user from using certain Website features. BY USING THE WEBSITE, YOU CONSENT TO THE USE AND DISCLOSURE OF YOUR PERSONALLY-IDENTIFYING INFORMATION AS DESCRIBED IN THIS “COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION” SECTION.

 

Communications

We may occasionally use your name and email address to send you notifications regarding services offered by DS that we think you may find valuable. We may also send you service-related announcements from time to time through the general operation of the Website. Generally, you may opt out of such emails at the time of registration or through your account settings, if available, though we reserve the right to send you notices about your account, such as service announcements and administrative messages, even if you opt out of all voluntary email notifications.

 

Disclosures

DS will disclose Personally-Identifying Information under the following circumstances:

A. By Law or to Protect Rights.

When we believe disclosure is appropriate, we may disclose Personally-Identifying Information in connection with efforts to investigate, prevent or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of DS,

our users, our employees or others; to comply with applicable law or cooperate with law enforcement; to enforce our agreements or policies, in response to a subpoena or similar investigative demand, a court order or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.

B. Marketing Communications.

Unless users opt-out from receiving DS marketing materials upon registration, DS may email users about services that DS believes may be of interest to them. If you wish to opt-out of receiving marketing materials from DS, you may do so by following the unsubscribe link in the email communications, by going to your account settings (if applicable) or contacting us using the contact information below.

C. Business Transfers; Bankruptcy.

DS reserves the right to, after providing the user prior notice and in the absence of an objection from the user, transfer all Personally-Identifying Information in its possession to a successor organization in the event of a merger, acquisition, bankruptcy or other sale of all or a portion of DS’s assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personally-Identifying Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and are given an opportunity to affirmatively opt-out of it. Personally-Identifying Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by the successor organization.

D. Changing Personally-Identifying Information; Account Termination

You may at any time review or change your Personally-Identifying Information by contacting us using the contact information below. Upon your request, we will delete your account and contact information from our active databases. Such information will be deactivated or deleted as soon as practicable in accordance with our deactivation policy and applicable law. To make this request, us as provided below. We will retain in our files some Personally-Identifying Information to prevent fraud, to troubleshoot problems, to assist with any investigations, to enforce our to comply with legal requirements as is permitted by law. Therefore, you should not expect that all your Personally-Identifying Information will be completely removed from our databases in response to your requests. Additionally, we keep a history of changed information to investigate suspected fraud with your account.

 

General Use

DS uses the Personally-Identifying Information in the file we maintain about you, and other information we obtain from your current and past activities on the Website (1) to deliver the products and services that you have requested; (2) to provide you with customer support; (3) to communicate with you by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us, our affiliate companies or other third parties; (4) to resolve disputes and troubleshoot problems; (5) to measure consumer interest in our services; (6) to inform you of updates; (7) to customize your experience; (8) to detect and protect us against error, fraud and other criminal activity; (9) to enforce our Terms of Use; and (10) to do as otherwise described to you at the time of collection. At times, we may look across multiple users to identify problems. We may compare and review your Personally-Identifying Information for accuracy and to detect errors and omissions. We may use financial information or payment method to process payment through the Website or to protect against or identify possible fraudulent transactions and otherwise as needed to manage our business.

 

Privacy Policy Changes

DS may, in its sole discretion, change this Privacy Policy from time to time. Any and all changes to DS’s Privacy Policy will be reflected on this page and the date new versions are posted will be stated at the top of this Privacy Policy. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. Users should regularly check this page for any changes to this Privacy Policy. DS will always post new versions of the Privacy Policy on the Website. However, DS may, as determined in its discretion, decide to notify users of changes made to this Privacy Policy via email or otherwise. Accordingly, it is important that users always maintain and update their contact information when changes go into effect.

 

Children

The Children’s Online Privacy Protection Act (“COPPA”) protects the online privacy of children under 13 years of age. We do not knowingly collect or maintain Personally-Identifying Information from anyone under the age of 13, unless or except as permitted by law. Any person who provides Personally-Identifying Information through the Website represents to us that he or she is 13 years of age or older. If we learn that Personally-Identifying Information has been collected from a user under 13 years of age on or through the Website, then we will take the appropriate steps to cause this information to be deleted. If you are the parent or legal guardian of a child under 13 who has become a user of the Website or has otherwise transferred Personally-Identifying Information to the Website, please contact DS using our contact information below to have that child’s account terminated and information deleted.

 

Privacy Rights for California Users

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about the Personally-Identifying Information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of the Personally-Identifying Information that was shared and the names and addresses of all third parties with which we shared Personally-Identifying Information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to the address listed below.

 

For EEA Users

Individuals located in the European Economic Area (EEA) have certain rights in respect to their personal information, including the right to access, correct, or delete Personally-Identifying Information we process through your use of the Website and/or services. If you’re a user based in the EEA, you can:

  • Request a Personally-Identifying Information report by submitting a request to the address listed below. This report will include the Personally-Identifying Information we have about you, provided to you in a structured, commonly used, and portable format. Note that DS may request additional information from you to verify your identity before we disclose any information.
  • Have your Personally-Identifying Information corrected or deleted. You can update your name and email address by contacting us.
  • Object to us processing your Personally-Identifying Information. You can ask us to stop using your Personally-Identifying Information, including when we use your Personally-Identifying Information to send you marketing communications. We only send marketing communications to users located in the EEA with your prior consent, and you may withdraw your consent at any time. Please note you will continue to receive transactional messages related to our services, even if you unsubscribe from marketing communications.
  • Complain to a regulator. If you are based in the EEA and believe that we have not complied with data protection laws, you have a right to lodge a complaint with your local supervisory authority.

 

Do-Not-Track Policy

Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. Because there is not yet a common understanding of

how to interpret the DNT signal, the Website currently does not respond to DNT browser signals or mechanisms.

COOKIE POLICY

Introduction to Web Cookies

This Web Cookie Policy (“Cookie Policy”) provides detailed information about why, how, and when we, DiSchino & Schamy, PLLC (“DS” or “we” or “us” or “our”), use Web Cookies on our Website, as defined in our Terms of Use and Privacy Policy. Any capitalized terms used in this Cookie Policy but not defined herein, have the meanings set forth in in our Privacy Policy.

 

What is a Web Cookie?

A Web Cookie is a small text file that is placed on your hard drive by a web page server. Cookies contain information that can later be read by a web server in the domain that issued the cookie to you. Some of the cookies will only be used if you use certain features or select certain preferences, and some cookies are essential to the Website, and/or Services, and will always be used. Web beacons, tags, and scripts may be used in the Website or in emails to help us deliver cookies and count visits, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon. We may receive reports based on the use of these technologies by our service/analytics providers (for example, Google Analytics) on an individual and aggregated basis.

 

Why do we use Web Cookies?

DS and our marketing partners, affiliates, and analytics or service providers use cookies and other technologies to ensure everyone who uses the Website has the best possible experience. For example, when you use our Website, we may place a number of Web Cookies in your browser. We use these cookies to enable us to hold session information as you navigate from page to page within the Website, improve your experience, and track and analyze usage and other statistical information. If you elect not to activate the Web Cookie or to later disable Web Cookies, you may still visit our Website, and use our Services, but your ability to use some features or areas of those offerings may be limited.

 

How to Disable Cookies

You can generally activate or later deactivate the use of cookies through a functionality built into your web browser. To learn more about how to control cookie settings through your browser: * Click here to learn more about managing cookie settings in Mozilla Firefox; * Click here to learn more about managing cookie settings in Google Chrome; * Click here to learn more about managing cookie settings in Microsoft Internet Explorer; * Click here to learn more about managing cookie settings in Safari; * Click here to learn more about managing cookie settings in Microsoft Edge.

If you want to learn more about cookies or how to control, disable, or delete them, please visit www.allaboutcookies.org for detailed guidance. In addition, certain third-party advertising networks, including Google, permit users to opt out of or customize preferences associated with your Internet browsing. To learn more about this feature from Google, click here.

 

Types of Cookies Used

Many jurisdictions require or recommend that website operators inform users/visitors as to the nature of cookies they utilize and, in certain circumstances, obtain the consent of their users to the placement of certain cookies.

Each cookie used by DS falls within one of the following categories:

1. Essential cookies:

Essential cookies (First-Party Cookies) are sometimes called “strictly necessary,” as without them we cannot provide many services that you need. For example, essential cookies help remember your preferences as you use our Website.

2. Analytics cookies:

These cookies track information about your visits and usage of the Website so that we can make improvements and report our performance — for example, to analyze visitor and user behavior so as to provide more relevant content or suggest certain activities. We might also use analytics cookies to test new ads, pages, or features to see how users react to them. Google Analytics is the main technology we currently use in this regard. To learn more about Google Analytics and

your privacy, visit the “How Google uses data when you use our partners’ Websites or apps” page at www.google.com/policies/privacy/partners/.

To opt out of being tracked by Google Analytics when using our Website, visit http://tools.google.com/dlpage/gaoptout.

3. Functionality or preference cookies:

During your visit to the Website, or while you use our Services, cookies are used to remember information you have entered or choices you make (such as your username, language, or your region). They also store your preferences when personalizing the Website and/or Services to optimize your use of the Website (for example, your preferred language). These preferences are remembered through the use of persistent cookies, and the next time you visit the Website, you will not have to set them again.

4. Targeting or advertising cookies

These Third-Party Cookies are placed by third-party advertising platforms or networks in order to deliver ads and track ad performance, or enable advertising networks to deliver ads that may be relevant to you based upon your activities (this is sometimes called “behavioral tracking” or “targeted” advertising) on the Website. They may subsequently use information about your visit to target you with advertising that you may be interested in on the Website and other websites. You can opt out of interest-based targeting provided by participating ad servers through the Digital Advertising Alliance (http://youradchoices.com).

5. Social media cookies:

The Website may incorporate certain third-party social media features, such as the Facebook Like button, and third-party widgets, such as the ‘Share This’ button or interactive mini-programs that run on the Website. These features may collect your IP address and which page you are visiting on the Website, as well as set a Web Cookie to enable the feature to function properly. Your interaction with these features is governed by the privacy policy of the third-party company providing it. Here are some examples of third-party social media features that we use, and their privacy policies:

  • Facebook Privacy Policy
  • Google+ and YouTube Privacy Policy
  • Twitter Privacy Policy
  • LinkedIn Privacy Policy

 

Cookies subject to change

The content of this Web Cookie Policy is for your general information and use only. You acknowledge that this information may contain inaccuracies or errors and is subject to change, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

 

Updating this Policy

If there are any material changes to this Web Cookie Policy, you will be notified by the posting of a prominent notice on our Website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on the Web Cookie Policy. Your continued use of the Website and/or Services constitutes your agreement to be bound by such changes to this Policy. Your only remedy, if you do not accept the terms of this Web Cookie Policy, is to discontinue use of and access to the Website.

 

Contact Us

If you have any questions regarding our Web Cookie Policy, please contact us at

DiSchino & Schamy, PLLC

4770 Biscayne Blvd., Suite 1280

Miami, Florida 33137

Email: admin@dsmiami.com

Phone: (786) 581-2542

Last Updated: March 27, 2019