Your privacy is important to the Law Office of Tom James (“Attorney,” “I,” “me”). This Privacy Policy (“Policy”) describes how this website may collect, use and share your personal information from your Internet enabled device (i.e. your computer, tablet, smartphone or other device) and browsers or apps used to access the Internet when you use this website (www.tomjameslaw.com), when and how the Law Office of Tom James and/or attorney Thomas B. James (aka Thomas James or Tom James) may use that information, how the Law Office of Tom James protects the information, the choices you have regarding your personal information, and how you may opt out of any such collection and use. The purpose of this Policy is to inform you about privacy practices and to ensure that you understand the purposes for which personal data is collected and processed. Please contact me if you have questions about this Privacy Policy.

Please see the Terms and Conditions of Use,which generally address information you intentionally send me using e-mail or any contact form on this website. If you submit your name or contact information to me, I may use it to send you information about my services or law-related activities (such as announcements of new publications, products or services), or about new developments in the law. You may opt out of receiving further information from me by contacting me or, where applicable, by using an “unsubscribe” option included in my communications. 

Kinds of Personal Information Collected

This Policy relates to your personal data, i.e. data about you from which you can be identified. It does not apply to any data insofar as it is held, processed, disclosed or published in a form which cannot be linked to a living individual, such as anonymized or aggregated data which cannot directly or indirectly be used to identify you or to obtain information about you (“Anonymized and Aggregated Data”). I may generate or extract Anonymised and Aggregated Data out of any databases containing your personal data and may make use of any such Anonymised and Aggregated Data for such purposes as we see fit. Attorney Thomas James and the Law Office of Tom James collect information about our website users in three ways: directly from the user; from Web server logs; and through cookies. I (or We) use the information primarily to provide you with a personalized Internet experience that delivers the information, services, and resources that are most relevant and helpful to you. Neither the Law Office of Tom James nor Thomas B. James (aka Thomas James or Tom James) shares any of the information you provide with others, unless we so provide in this Privacy Policy, or when we believe in good faith that the law requires it.

Responsibility for Data Processing

Cokato attorney Tom James is responsible for the control and processing of personal data collected from you when you use the website.  If you have any questions or concerns about the use of your personal data, please contact me.

Site of Data Processing Activities 

Attorney Tom James operates in and from the United States of America (USA) and his data collection and processing activities take place predominantly in the USA. Accordingly, data collected from users when using the website is collected in the USA. Data is stored and processed through third party service providers which may be located or which may operate in the USA and/or other countries.

How Personal Data is Collected and Used

(a) Information That You Provide Directly or Authorize Someone Else to Give Us. Attorney collects personal information about you, such as your contact details, when voluntarily submitted by you, such as when you choose to complete and submit one of the forms located on our Web site to send a message or to subscribe to the newsletter. This includes but is not limited to a “Contact” form. Attorney may ask you to provide certain information including, but not limited to your name, mailing address, email address, telephone number, and other data. You are only required to provide an e-mail address and a name on the contact form. Please do not submit any confidential, proprietary or sensitive personally identifying information (e.g., Social Security number, date of birth, driver license number, or credit card or bank account or other financial information) (collectively, “sensitive information.”) Messages you send and any other data you provide to me are retained. This data is used for business purposes related to my practice of law, and as further detailed below. If you submit any sensitive information, you do so at your own risk and I will not be liable to you or responsible for consequences of your submission.

Information that you provide through the contact form or in an email or instant message will be used so that I may respond to your inquiry. I may also use information you provide to me to communicate with you in the future. If you do not wish to receive such communications, you may opt out (unsubscribe) as described below.

(b) Information That Is Collected Automatically. When you visit my website, I may track information about your visit and store that information in web server logs, which are records of the activities on the website. The server(s) automatically capture and save the information electronically. To be clear, if you browse through the tomjameslaw.com website or download information, servers may automatically collect certain information from you. This information may include:

(a) name of the domain and host from which you access the Internet; 

(b) name of your Internet Service Provider (ISP);

(c) browser software you use and your operating system (the kind of browser or computer you use); 

(d) Internet address of the website and IP (Internet Protocol) address from which you linked directly to this website, which may include your unique Internet Protocol address;

(e) the city, state, and country from which you access the website;

(f) the number of links you click within the site;

(g) the date and time of your visit;

(h) the web page from which you arrived to the site;

(i) the pages you viewed on the site; and

(j) searches/queries that you conducted via the website.

Information that is automatically collected is used to analyze usage of the website, manage and improve the website to make it as useful as possible for visitors like you, and to protect the website and its content from inappropriate use. Attorney does not seek to match data collected automatically with data that you provide voluntarily as referred to above and does not seek to track specific users or profile their activities on the website. 

(c) Analytics information. Data about traffic and usage trends is collected, measured and analyzed, and third-party analytics tools are used for this. This enables an understanding of, among other things, how the website is being used and ways to improve it. Such third-party analytics tools use cookies and persistent device identifiers to collect and store information including, but not limited to time of visit, pages visited, time spent on each page, IP address, unique device ID, advertising tags and type of operating system used.

(d) Cookies. When you use the website, Attorney or a third party service provider (such as analytics tools) sometimes sends one or more cookies (small text files containing a string of alphanumeric characters) to your computer that uniquely identify your browser and enhance your navigation on the site. A cookie may also convey information to Attorney about how you use the site (e.g., the pages you view, the links you click and other actions you take), and allow him or a third-party analytics tool to track your usage of the website. There are at least two different types of cookies: persistent and session cookies. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent use of the website. Persistent cookies can be removed by following your web browser’s directions for blocking or removal of cookies. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to notify you when a cookie is being sent. However, some features of the website might not function properly if cookies are disabled. By visiting this website, you consent to the use of cookies and similar technologies in accordance with the Privacy Policy.

(e) Log File. Log file information is automatically reported by your browser each time you access a web page. When you access or use this website, the site’s servers may automatically record certain log file information, including but not limited to your web request, Internet Protocol address, browser type, referring/exit pages and URLs, number of clicks and how you interact with links on the website, domain names, landing pages, and pages viewed. 

(f) Clear GIFs/Web Beacons. Clear GIFs (also known as web beacons) allow for the tracking of a user’s response to an email or usage of a website in a manner that does not reveal personally identifiable information. Attorney may use clear GIFs or similar technologies to assess responses to emails and usage of the website. For example, clear GIFs may be used to track when emails are opened and which links are clicked by recipients. You can disable certain abilities of clear GIFs to capture information by blocking cookies. 

(g) Device Identifiers. When you access or use the website using a mobile device, one or more “device identifiers,” such as a universally unique identifier, may be accessed, collected, monitored and/or remotely stored. Device identifiers are small data files or similar data structures stored on or associated with your device that uniquely identify your device. A device identifier may consist of data stored in connection with the device hardware, operating system or other software, or data sent to the device by us. A device identifier may convey information to me about how you browse and use the website. A device identifier may remain persistently on your device to enhance your navigation on the website. Some features of the website may not function properly if use or availability of device identifiers is impaired or disabled. 

(h) Location Data. Attorney does not access, collect, monitor or store information about the location of your device. 

(i) Professional Communications. Insofar as permitted under applicable law, I may use the information I collect or receive to communicate directly with you in relation to the website or related services I offer. Subject to your consent to receiving such communications (where legally required), I may use the information to communicate with you in relation to other services that we offer.  If you send or communicate your name, email address or other contact information to me, I may use the information to send you emails containing newsletters, updates on developments in the law, announcements of publications or products or services, or other information that I believe may be of interest to you. Except when an attorney-client relationship or other business relationship between us exists, you may opt out of receiving further information from me by contact me or, if applicable, by using an “Unsubscribe” option included in my communication. I will not sell or give your personally identifying information (name, address, phone number, birth date, Social Security Number, or financial account information) to other parties for their own direct advertising purposes. See also the Terms and Conditions of Use [link], which generally address information you intentionally send me using email or a contact form on this website.  

(j) Use of Certain Service-Type information. I may use information from cookies, log files, device identifiers, clear GIFs and other tools to:

1. remember information so that you will not have to re-enter it during your visit or the next time you use the website;
2. provide custom, personalized content or information to you or others;
3. monitor the effectiveness of the website;
4. monitor aggregate metrics, such as total number of visitors, traffic and demographic patterns;
5. diagnose or fix technology problems;
6.  provide advertising to your browser or device; and
7. conduct research or surveys. 

(k) Use of information with Your Consent. We may use your information for any other purpose for which you provide consent.

Purposes for Which Personal Data Is Used

The purposes for which your personal data is collected and stored are the following:

(a) To enable me to operate the website and to enable you to use it efficiently; 

(b) Insofar as permitted under applicable law, to communicate with you in relation to my services and legal practice;

(c) To personalize, test, monitor, improve and upgrade the website; 

(d) To assist law enforcement and respond to subpoenas; 

(e) To meet my legal obligations and the regulatory requirements to which I am subject, for loss prevention purposes and to protect and enforce my rights and meet my obligations to third parties; and 

(f) For internal business purposes, such as compiling and analyzing usage information for general operational, statistical and business purposes. 

Cookies

By using this website you consent to the use of cookies as described in this Policy. If you wish to withdraw your consent, you can disable cookies on your device at any time by activating the setting in the preferences or options menu in your browser. However, disabling cookies may limit your ability to use the site. For more information about cookies, see under ‘How Personal Data Is Collected and Used’ above. You can also find more information about cookies, and about deleting and blocking them, at www.allaboutcookies.org . This Policy does not cover third-party cookies.

Automated Decision-Making

It is not anticipated that any decisions will be taken about you based solely on automated decision-making that will have a significant impact on you. However, I will update this Privacy Policy if this situation changes. 

Your Responsibilities

It is important that your personal data is accurate and current. If you provided me with any details of personal data, please keep me informed if such details change.

The Legal Basis for Processing Your Data

The processing of your information is lawful on the basis of the following:

(a) Where relevant, your express consent (if your consent is requested or if you provide personal data  voluntarily or in response to my request); 

(b) Compliance with legal obligations to which I am subject, including to comply with legal process; or 

(c) My legitimate interests in (among other things) providing and administering the website, conducting commercial research, improving and maintaining the website and the services I provide, personalizing and tailoring content made available to you through the website,  protecting the security or integrity of databases, protecting my business or reputation, taking precautions against legal liability, dealing with my assets in the event of a business change, protecting and defending my rights or property, required institutional risk control, or for resolving disputes, investigating and attending to inquiries or complaints with respect to your use of the website or my services.

How Your Information May Be Shared

(a) No Sharing with Direct Marketers. I do not disclose personal information of clients or customers to third parties for the third parties’ direct marketing purposes unless the client or customer first affirmatively agrees to that disclosure. For purposes of this paragraph, “personal information” means first and/or last name, residence address, mailing address, telephone number, date of birth, Social Security Number, or financial account information.

(b) Business Associates and Service Providers. I may share information about you with third-party business associates and service providers that perform services on my behalf in connection with the website or the services I provide, such as independent contractors who host and maintain my website and email services.  Where your information is shared with such third parties, I ensure that the third party service provider will deal with your information only on my behalf and on my written instructions and solely for the benefit of my business (and not for its own benefit). 

(c) Business Change. If I become involved in a merger, consolidation, acquisition, sale of assets, joint venture, securities offering, bankruptcy, reorganization, liquidation, dissolution or other transaction, or if the ownership of all or substantially all of my business otherwise changes, I may share or transfer your information to successor party or parties in connection with such transaction or change in ownership or legal structure. 

(d) Necessary Disclosure. Regardless of the choices you make regarding your information and to the extent permitted or required by applicable law, I may disclose information about you to third parties:

1. to enforce or apply the Terms and Conditions of Use or any applicable end user license agreement;
2. to comply with laws, subpoenas, warrants, court orders, legal processes or requests of government or law enforcement officials;
3. to protect my rights, reputation, safety or property, or that of my clients, users of the website, or others;
4. to protect against legal liability;
5. to establish or exercise my rights to defend against legal claims; or
6. to investigate, prevent or take action regarding known or suspected illegal activities; fraud; my rights, reputation, safety or property, or those of my clients, website users or others; violation of the Terms of Use, my policies or agreements; or as otherwise required by law;
7. as required by law (for example, if we are acquired by another firm or if we are liquidated during bankruptcy proceedings).

(e) Sharing information. I may share certain service-type information, including information obtained through tools such as cookies, log files, device identifiers, and clear GIFs (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with third-party business associates who may use such information for the purposes described in the section titled “How Personal Data Is Collected and Used.” I may make personal information available to agents, website vendors and/or contractors who may use it on my behalf or in connection with their relationship with me. If I am unable to assist you with a matter, but I know of an unaffiliated attorney or law firm that may be able to help you, I may refer you and share information you provided to me with that party.

(f) Aggregated data. As mentioned above, I may also aggregate or otherwise strip information of all personally identifying characteristics and may share that aggregated, anonymized data with third parties or publish it.  This data does not personally identify you and helps me to measure the success of the website and its features and to improve your experience. I reserve the right to make use of any such aggregated data as I see fit. 

How Your Information is Protected

I take certain physical, technological and administrative measures to protect the information you provide through the website against loss, theft, and unauthorized access, use, disclosure or modification. However, I cannot ensure or warrant the security of any information you transmit to me or guarantee that information on the website may not be accessed, disclosed, altered or destroyed. Messages and emails sent to or from the website may not be secure. You should use caution whenever submitting information online and take special care in deciding what information you send to me via email.

I cannot guarantee that transmissions of your personal data will be fully secure and that third parties will never be able to defeat our security measures or the security measures of our partners.  ATTORNEY ASSUMES NO LIABILITY FOR DISCLOSURE OF YOUR INFORMATION DUE TO TRANSMISSION ERRORS, THIRD-PARTY ACCESS OR CAUSES BEYOND HIS CONTROL. 

Your Options About Your Information

(a) Controlling Your Settings. You can limit your browser or mobile device from providing certain information by adjusting the settings in the browser, operating system or device. Consult the documentation for the applicable browser, operating system or device for the controls available to you. You can also stop receiving promotional emails from me by following the “Unsubscribe” instructions in those emails. Note that unsubscribe is not available for certain emails concerning your relationship or dealings with us.  

(b) Do Not Track. Your browser may offer a “Do Not Track” option, which allows you to signal to operators of websites, mobile applications, and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and/or across different websites and mobile applications and services. At this time, this website does not recognize “do not track” signals sent from web browsers Disabling tracking mechanisms may disable certain features of the website. To disable tracking, please consult the documentation for your browser, operating system or mobile device. For some devices, it may not be possible to disable tracking mechanisms. You may also disable tracking by certain third-party services by opting out:

1. Google Analytics http://tools.google.com/dlpage/gaoptout/
2. AdChoices http://www.youradchoices.com/choices-faq
3. ScorecardResearch http://scorecardresearch.com/optouttag.aspx

How Long Your Information Is Kept

I will only retain your personal data for as long as necessary to fulfil the purposes for which it is collected, including for the purposes of satisfying any legal, accounting, or reporting requirements. 

To determine the appropriate retention period for personal data, I consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which your personal data is processed and whether those purposes can be achieved through other means, and the applicable legal requirements. 

Children Under the Age of Sixteen

The website is not directed to children and is intended for use by adults only. I do not knowingly collect information from individuals under 16 years of age. Do not submit any information through the website if you are under the age of sixteen. If I learn that I have collected or received personal information from a child under sixteen without verification of parental consent, I will delete that information. If you believe I might have information from or about a child under sixteen, please contact me at the email address provided below.

Third-Party Websites and Services

This website may reference or provide links to other websites, applications, or resources. If you access any website, application, or resources provided by a third party, the Privacy Policy posted on this website will not apply. Your interactions with such websites, applications, and resources are subject to the privacy policies of the third parties that operate them. Please review those policies carefully to understand how those parties will treat your information. 

Third-party collectors of information may include, among others, Google Analytics, other analytics programs, and Google Adwords remarketing service. Remarketing involves tracking devices that have visited the website in order to display ads for our services on other websites. Use these links to learn how Google uses data it collects,  to prevent Google Analytics from using data from your device, or to opt out of Google’s interest-based ads. 

You  may opt-out of the collection and use of information for ad targeting by some third parties by visiting www.aboutads.info/choices. You can opt out of Google’s use of cookies by visiting Google Ad Settings. You can opt out of AdRoll’s and their partners’ targeted advertising here. See the “Cookies” section above for more information about how you can control the use of cookies on your computer. 

Social Media

The website includes links to social media sites, such as LinkedIn, Twitter and Facebook.  If you follow links to these websites or services, any information you contribute will be governed by the terms of use or privacy policies for those third-party websites, and may be visible to others. You should never share or post personal, financial or sensitive information or any information you expect to be treated confidentially through those websites.

California Residents

Our web servers do not modify, alter, change or respond upon receiving Do Not Track requests or signals in browsers. As explained above, we track user activity  using web server logs, cookies and similar technologies. Information collected in web server logs helps us analyze website usage and improve the user’s experience. Cookies allow us to offer you a customized experience and present relevant advertising to you.

European Union

Users based in the European Economic Area have the following legal rights with respect to their personal data:

(a) The right to require Tom James to confirm whether or not their information is being processed, the purpose of any such processing, the recipients of any information that has been disclosed, the period for which their information is to be stored and whether any automated decision-making processes are used in relation to their information;

(b) The right to require Tom James to rectify inaccurate information without undue delay; 

(c) Where Tom James has relied on the ‘consent’ basis for processing that information (see above), the right to withdraw their consent at any time. This right to withdraw consent does not affect the lawfulness of processing based on consent before its withdrawal; 

(d) The right to request the erasure of their information. In general, a data subject may be entitled to require the erasure of their personal data records where: 

1. the information is no longer necessary in relation to the purpose for which it was collected, such as where a user chooses to terminate his or her use of a feature of the website; 
2.  where the processing of the information is based on the user’s consent (and the other circumstances described in the ‘Legal Basis for Processing Your Data’ and ‘How Your Information May Be Shared sections above no longer apply), if the user withdraws his or her consent; or 
3. where the personal data is processed by Tom James solely on the basis of a ‘legitimate interest’ referred to in the ‘Legal Basis for Processing Your Data’ section above (and the other legal bases set out therein do not apply), if the user objects to the processing of his or her personal data and there are no overriding legitimate grounds for the processing (such as, for example, where the processing of the data is required to meet statutory obligations or for the defense of legal claims). 

Where Tom James has disclosed the information of a user in the European Economic Area to a third party and the user requests the erasure or rectification of the data, he will take all reasonable steps to inform the third party of such request; 

(e) The right to require Tom James to restrict its processing of a user’s personal data in certain circumstances, such as where the accuracy of that data is disputed or an objection has been raised. In such circumstances, Attorney will only process that information with the express consent of the user, or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest; 

(f) Where data is processed on the basis of data subject consent or in fulfillment of a contractual obligation, the user’s right to receive his or her personal data from Tom James in a structured, commonly used and machine-readable format; 

(g) The right to object to the processing of personal data where: 

1. Attorney relies solely on the ‘legitimate interest’ basis for processing that data, in which case he will be legally required to stop processing the user’s information unless he has compelling legitimate grounds for the processing which override the user’s privacy rights and interests; or 
2. the information is used for direct marketing purposes, in which case Attorney will immediately stop processing the user’s information for such purposes;

(h) Users have the right to lodge a complaint with the data protection supervisory authority of the EU member state where the user resides. 

Submitting a Consumer Request

You can submit a verifiable consumer request to know or request for deletion of your personal information by sending an email to tom880013@gmail.com or by sending postal mail to Law Office of Tom James, 440 North Broadway Avenue, Cokato MN 55321 (USA).

When you submit a consumer request through one of the methods provided above, I may ask you to provide some information in order to verify your identity and respond to your request. I may ask you to verify information that can be used to link your identity to particular records in our possession, which depends on the nature of your relationship and interaction with me or the website. For example, if your sole interaction with me  was as a website visitor, then in order to verify your identify, I will need to ask you to provide your name, email, phone number, IP address, device ID, browser ID, and/or cookie ID.

You can authorize someone else as an Authorized Agent who can submit a consumer request on your behalf. To do so, you must either (a) execute a valid, verifiable, and notarized Power of Attorney or (b) provide other written authorization that I can then verify. When I receive a consumer request submitted on your behalf by an Authorized Agent, that person will be asked to provide written proof that they have your permission to act on your behalf, and I will also contact you and ask you for information to verify your own identity directly with us and not through your Authorized Agent.

An effort will be made to respond to a verifiable consumer request within forty-five (45) days of its receipt. If I require more time (up to 45 additional days, or 90 days total, from the date I receive your request), I will inform you of the reason and extension period in writing. I will deliver a written response by mail or electronically, at your option. Any disclosures I provide will only cover the 12-month period preceding my receipt of your verifiable consumer request. The response I provide will also explain the reasons I cannot comply with a request, if applicable. I do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If I determine that the request warrants a fee, I will tell you why I made that decision and provide you with a cost estimate before completing your request.

Unsubscribing

If you receive commercial emails from me, you may Unsubscribe at any time by sending an email to tom880013@gmail.com with the word “Unsubscribe” in the subject header and in the body of the message.

Changes to the Privacy Policy

Please review the Privacy Policy each time you use the website. Attorney reserves the right to change and update this Policy from time to time, and the updated version of this Policy will be effective upon posting on the website. Please check this page to review the most up-to-date version of this Policy. If a change is made, I will update the modification date here:

Last updated on November 17, 2021.

Governing Law and Jurisdiction

This Privacy Policy is governed by and construed in accordance with the laws of the United States and the laws of Minnesota, to the fullest extent legally permissible. By using this website, you expressly agree that unless the parties mutually agree otherwise, any mediation, arbitration, lawsuit or other procedure for addressing or resolving a dispute with me with respect to your privacy rights or the security of your personal information will be exclusively held in the state of Minnesota, and you expressly agree to the sole jurisdiction of courts located in the State of Minnesota for any legal actions.

Contact Information

If you have any questions regarding this Privacy Policy or if you wish to make a request in accordance with one of its provisions, you may email the Attorney at tom880013@gmail.com or send postal mail addressed to:

Tom James
Law Office of Tom James
440 North Broadway Avenue
Cokato, MN 55321
(USA)

Consent

By using or accessing this website, using a feature on this website, or requesting and/or using my legal services, you consent to all Terms and Conditions of Use and to all of the terms and provisions of this Privacy Policy.

© 2020 – 2021 Tom James. All Rights Reserved