Effective Date: September 30, 2021
Last Updated on: September 30, 2021
Burr & Forman LLP (“Burr Forman” or “we“) respect your privacy and are committed to protecting it through our compliance with this policy.
This Privacy Policy (the “Policy“) describes the types of information we may collect from you or that you may provide to us when you visit www.burr.com (our “Website“) or when you communicate with us electronically through the Website as well as through electronically responding to our marketing communications, such as responding to an event invitation. This Policy also describes our practices for collecting, using, maintaining, protecting, and disclosing that information.
This Policy applies to information we collect on this Website, from electronic messages between you and the Website, and other information you provide to us when electronically responding to event invitations or other marketing communications. This Policy does not apply to information collected offline or from third parties.
Please read this Policy carefully to understand our policies and practices regarding your information. If you do not agree with our policies and practices as stated in this Policy, your choice is not to use our Website and not to respond to our marketing communications. By accessing or using this Website or responding to our marketing communications (other than to Opt-Out), you agree to this Policy.
Information We Collect
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information“). Personal information does not include publicly available information from government records or de-identified or aggregated information.
In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
| Category | Examples |
| Identifiers | A real name, alias, postal address, telephone number, unique personal identifier, online identifier, Internet Protocol address, email address, or other similar identifiers. |
| Protected classification characteristics | Age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). |
| Commercial information | Records of personal property, products or services purchased, obtained, or considered |
| Biometric information | None |
| Internet or other similar network activity | Information on your interaction with our Website or marketing materials (such as emails or event invitations or announcements) |
| Geolocation data | None |
| Sensory data | None |
| Professional or employment-related information | None |
| Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)) | None |
| Inferences drawn from other personal information | Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. |
How We Collect Information
We obtain the categories of personal information listed above from the following sources:
- Directly from you. For example, from forms you complete or products and services you purchase via electronic communications with us (other than legal services).
- Indirectly from you. For example, from observing your actions on our Website or pulling your contact information from an electronic communication you send through the Website.
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
- Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
- Information about your computer and internet connection, including your IP address, operating system, and browser type.
- Information about the types of marketing communications that you open and/or to which you respond.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Some browsers allow users to select “DO NOT TRACK” as an option to tell website owners you do not wish to have your information tracked. Our Website operates no differently if you have activated this option in your browser.
The information we collect automatically does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Website according to your individual interests.
- Speed up your searches.
- Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
- Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
- Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
- Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following purposes:
- To comply with our legal, professional ethics, and regulatory obligations.
- To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request information or ask a question about our services, we will use that personal information to respond to your inquiry. We may also save your information to facilitate responses to your future inquiries.
- To provide, support, personalize, and further develop our Website and services.
- To process your requests.
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
- To personalize your Website experience and to deliver content and service offerings relevant to your interests, and via email or text message (with your consent, where required by law).
- To help maintain the safety, security, and integrity of our Website and services, databases and other technology assets, and business.
- For testing, research, analysis, and product development, including to develop and improve our Website and services.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your personal information.
- For our legitimate interests or those of a third party.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred.
- Where you consent.
A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Promotional Communications
We may use your personal information to send you newsletters, marketing or promotional materials, or updates about our firm or our services. We have a legitimate interest in processing your personal information for promotional purposes. This means we do not usually need your consent to send you promotional communications; however, where consent is needed, we will ask for this consent separately and clearly.
You have a right to opt-out of receiving promotional communications at any time by:
- Contacting us at Privacy@burr.com; or
- Using the “unsubscribe” link in emails; or
- Calling us at (800) Get-Burr.
If you instruct us to provide further services in the future, make additional request, or if there are changes in the law, regulation, or the structure of our business, we may ask you to confirm or update your preferences regarding promotional communications.
Sharing Personal Information
We do not sell personal information.
We may share your personal information by disclosing it to a third party for a business purpose, including email marketing service providers with whom we contract to send emails to you. We only allow our service providers to handle your personal information if we are satisfied that they take appropriate measures to protect your personal information. We also impose contractual obligations on service providers requiring them to use your personal information only to provide services to us and to you. In the preceding twelve (12) months, we have disclosed personal information for a business purpose to the categories of third parties indicated in the chart below.
| Personal Information Category | Business Purpose Disclosures |
| Identifiers | A real name, alias, postal address, telephone number, unique personal identifier, online identifier, Internet Protocol address, email address, or other similar identifiers. |
| Protected classification characteristics | None. |
| Commercial information | Records of personal property, products or services purchased, obtained, or considered. |
| Biometric information | None. |
| Internet or other similar network activity | Information on your interaction with our website or marketing materials (such as emails or event announcements or invitations) |
| Geolocation data | None |
| Sensory data | None. |
| Professional or employment-related information | None. |
| Non-public education information | None. |
| Inferences drawn from other personal information | Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. |
Storing Your Information
The information we collect from you will be stored at our offices or those of our service providers and agents.
How Long Your Information Will Be Kept
Unless you instruct us to delete your personal information (See Your Rights and Choices), we will retain your personal information for as long as we are using it to provide services to you, for as long as we are communicating with you, or for as long as required by law. When it is no longer necessary for us to retain your personal information we will delete or anonymize it.
Your Rights and Choices
Tracking Technologies
You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this Website may be inaccessible or not function properly.
Disclosure for Third Party Advertising
If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by checking the relevant box located on the form on which we collect your data, emailing us at privacy@burr.com, or calling us at (800) GET-BURR. When sending your request you must identify yourself and provide sufficient information for us to address your request.
Promotional Offers
If you do not wish to have your receive promotional message from us regarding our own services or third party products or services, you can opt-out by checking the relevant box located on the form on which we collect your data, emailing us at privacy@burr.com, or calling us at (800) GET-BURR. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. When sending your request you must identify yourself and provide sufficient information for us to address your request.
Right to Know and Data Portability
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the “right to know”). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
We do not provide a right to know or data portability disclosure for B2B personal information.
Right to Delete
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the personal information, provide a service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
We will delete or de-identify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action. We do not provide these deletion rights for B2B personal information.
Exercising Your Rights to Know or Delete
Submitting a Request
To exercise your rights to know or delete described above, please submit a request by either:
- Emailing us at privacy@burr.com.
- Calling us at (800) GET-BURR.
- Mailing your request to: Burr & Forman LLP; Attn: Chief Privacy Officer and Chief Marketing Officer; 420 North 20th Street, Suite 3400; Birmingham, AL 35203.
Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information. To designate an authorized agent, contact us through one of the methods listed above, identify yourself with sufficient information that we can verify your request and identify your authorized agent with sufficient information that we can verify your authorized agent’s identity. If we are unable to verify your request, we will not recognize your authorized agent.
You may only submit a request to know twice within a 12-month period. Your request to know or delete must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative of such person.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in the request to verify the requestor’s identity or authority to make the request.
For instructions on exercising your sale opt-out or opt-in rights, see Personal Information Sales Opt-Out and Opt-In Rights.
Response Timing and Format
We will confirm receipt of your request within 10 business days. If you do not receive confirmation within the 10-day timeframe, please email privacy@burr.com.
We endeavor to substantively respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to another 45 days), 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, to the email address or mailing address we have on file for you, regardless of the address from which you submitted the request.
Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data 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.
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.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. We will not:
- Deny you services.
- Charge you different prices or rates for services because of exercising your consumer rights to your data, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of services.
- Suggest that you may receive a different price or rate for services or a different level or quality of services.
However, we may offer you certain financial incentives permitted by law that can result in different prices, rates, or quality levels. Any legally-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. We do not currently provide any such incentives.
Other Privacy Rights
California
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@burr.com, call us at (800) GET-BURR, or write us at: Burr & Forman, LLP; Attn: Chief Privacy Officer and Chief Marketing Officer; 420 North 20th Street, Suite 3400; Birmingham, AL 35203.
Children
Our Website is not intended for children under the age of majority. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on, to or through this Website or any of its features. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information about a child under 13, please contact us at privacy@burr.com.
Changes to Our Privacy Policy
We reserve the right to update this Policy at our discretion and at any time. When we update this Policy, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of updates constitutes your acceptance of such changes.
Contact Information
If you have any questions or comments about this notice, the ways in which we collect and use your information, or your choices and rights regarding such use; or you wish to exercise your rights under this Policy or applicable laws, please contact us at:
Phone: (800) GET-BURR
Email: privacy@burr.com
Postal Address:
Burr & Forman LLP
Attn: Chief Privacy Officer and Chief Marketing Officer
420 North 20th Street, Suite 3400
Birmingham, AL 35203