DSMIAMI.COM

PRIVACY POLICY

BY USING OR ACCESSING THIS WEBSITE, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS 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 websites 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.

This Privacy Policy is expressly incorporated into our Terms of Use, which can be accessed by clicking the links contained herein. Any defined or capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Terms of Use.

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 previously interacted with us through the Website or otherwise, 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, (as discussed further below) 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 may also collect User Content. “User Content” is defined as any and all text, documents, or other content or information uploaded, entered, or otherwise directly transmitted or uploaded by you to us in connection with your use of the Website, such as, but not limited to, blog comments or client reviews.

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, but not limited to:

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 Website.
Device information. This is 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.

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 the Company 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 a 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 settings 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, but not limited to 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).

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.
Mobile Analytics. We may use mobile analytics software to allow us to better understand the functionality of our Website on your phone or mobile device. This software may record information, such as how often you use the Website, the events that occur within the Website, aggregated usage, and performance data. We do not link the information we store within the analytics software to any Personally-Identifying Information you submit to us.
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. 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 by clicking on an “unsubscribe” link in one of our emails, if available, though we reserve the right to send you notices about any internal account we may maintain for you, 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:

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.
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 contacting us using the contact information below.
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.
Changing or Deleting Personally-Identifying Information. 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 contact information from our active databases. Such information will be deleted as soon as practicable in accordance with our deactivation policy and applicable law. To make this request, contact 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, or to enforce or 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 all of our databases in response to your requests. Additionally, we keep a history of changed information to investigate suspected fraud with your use of the Website.

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, to (1) deliver the products and services that you have requested; (2) provide you with customer support; (3) 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) resolve disputes and troubleshoot problems; (5) measure consumer interest in our services; (6) inform you of updates; (7) customize your experience; (8) detect and protect us against error, fraud and other criminal activity; (9) enforce our Terms of Use; and (10) 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. The above examples are not exhaustive of all possible uses we may make of your Personally-Identifying Information.

CHILDREN’S ONLINE PRIVACY.

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 information deleted.

NOTICE TO NEVADA RESIDENTS.

Nevada law allows consumers to direct certain businesses not to sell their personally identifiable information collected on a business’s platform or other online service to third parties to license or sell that information to additional third parties. If you are a Nevada resident, you may submit such opt-out requests to our contact information below. To be effective, your request must include your full name, address, phone number, and email address to verify the authenticity of your request.

ADDITIONAL RIGHTS AND CHOICES FOR CALIFORNIA RESIDENTS.

California Consumer Privacy Act of 2018 (CCPA).

The CCPA provides California residents who access our Website with certain rights as described below. Please note your right to know and right to delete are subject to certain exceptions under the CCPA.

Notice of Collection.

During the past twelve (12) months, we have collected the following categories of personal information that the CCPA covers:

Identifiers, including name, email address, date of birth, phone number, IP address, and an ID or number assigned to an internal account we may maintain.
Consumer records, billing and delivery address, and credit or debit card information.

Commercial information, including purchases and engagement with our platforms and mobile applications.
Internet activity, including your interactions with our platforms and mobile applications.
Audio data, including information collected for customer care quality assurance.
Geolocation data, including location enabled services such as GPS.
Inferences, including information about your interests, preferences and favorites.
This privacy statement includes additional information about our data practices. For more information on information we collect, including the sources we receive information from, review this Privacy Policy in its entirety. We collect and use these categories of personal information for the business purposes described herein, including to provide and manage our platform.

Right to Know.

You have the right to know certain information about our data practices in the preceding twelve (12) months. You have the right to request the following information from us:

The categories of personal information we have collected about you;
The categories of sources from which the personal information was collected;
The categories of personal information about you we disclosed for a business purpose or sold;
The categories of third parties to whom the personal information was disclosed for a business purpose or sold;
The business or commercial purpose for collecting or “selling” the personal information; and
The specific pieces of personal information we have collected about you.

Right to Delete.

You have the right to request the deletion of personal information that we collect or maintain about you.

Right to Opt-Out of “Sale”.

The Company does not sell information as the term “sell” is traditionally understood. However, the Company may disclose certain information about you when you use our Website for purposes that may be considered a “sale” under the CCPA. For example, we may disclose information to advertising partners, advertising technology companies, and companies that perform advertising-related services in order to provide you with more relevant advertising tailored to your interests. This information may include identifiers such as your IP address, advertising identifiers, commercial information, your internet or other electronic network information such as your interaction with an ad, geolocation data and inferences. To the extent we sell your personal information as the term “sell” is defined under the CCPA, you have the right to opt-out of the sale of your personal information by us to third parties at any time. You may submit a request to opt-out by contacting us as set forth below.

How to Exercise Your CCPA Rights.

To exercise any of these rights, please contact us as set forth below. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within ten (10) days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.

If you choose to exercise any of these rights, you will not receive different prices or quality of services unless permitted by applicable law, including if those difference are reasonable related to your information.

Please note that if you opt-out of receiving marketing communications from us, we may still send communications to you about your transactions, any internal accounts we have for you, and any contests, competitions, prize draws or sweepstakes you have entered. Opting out of one form of communication does not mean you’ve opted out of other forms as well. For example, if you opt-out of receiving marketing emails, you may still receive marketing text messages if you’ve opted in to receiving them.

If you wish to exercise any of the rights set above, please contact us as set forth below. We will need you to provide specific information to help us confirm your identity. This is a security measure to help ensure that your personal information is not disclosed to someone that does not have the right to receive it.

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

Shine the Light.

Users who are California residents may request (i) a list of categories of personal information disclosed to third parties during the immediately preceding calendar year for those third parties own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information. To exercise a request, please send us an email or a letter to the addresses in the section entitled “Contact Us” below and specify you are making a “California Shine the Light” request. We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.

FOR EEA USERS.

Users 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. You can request this 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.

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 in this Privacy Policy. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you. 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.

CONTACT US.

If you have any questions regarding our Privacy Policy, please contact us at:

DiSchino & Schamy, PLLC

4770 Biscayne Blvd., Suite 600

Miami, Florida 33137

Email: admin@dsmiami.com

Phone: (786) 581-2542

Last Updated: March 3, 2022