JOHN P. O’BRIEN, TECHNOLOGY ATTORNEY

Last updated: September 1, 2023

John P. O’Brien Attorney at Law, LLC. (“Firm”, “we”, “our” or “us”) understands that your privacy is important to you and that you care about how your personal data is used and shared online. At johnpobrienesq.com we only collect and use personal data in ways that are described here, and in a manner that is consistent with the Firm’s obligations and your rights under the law.

Please read this Privacy Policy carefully and ensure that you understand it. Your first use of the Site is deemed acceptance of John P. O’Brien, Attorney at Law, LLC (the “Firm)’s Privacy Policy. If you do not accept and agree with this Privacy Policy, you must stop using the Firm’s Site immediately. We may change this Privacy Policy from time to time. Any changes will be immediately posted on the Firm’s Site. We recommend that you check this page regularly to keep up-to-date. Do not continue to access or use the Firm’s Site if you do not agree to the updated Privacy Policy.

1. About John P. O’Brien, Attorney at Law LLC

John P. O’Brien, Attorney at Law, LLC is an experienced technology attorney that has worked in the information processing business for years, both as an in-house counsel and as outside counsel. With extensive experience in Software Development, Professional Services, OEM Agreements, Reseller Agreements, Equipment Leasing and Financing programs and with extensive privacy and security matter experience.

2. What Does This Privacy Policy Cover

This Privacy Policy applies only to your use of the Firm’s Site.  The Firm’s Site may contain links to other websites. Please note that we have no control over how your personal data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any personal data to them.

3. Personal Data

Personal data means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data or under certain privacy regulations a natural person’s household.

4. Your Rights

(a) The right to be informed about Firm’s collection and use of your personal data;

(b) The right of access to the personal data the Firm holds about you (please contact us using the details in Section 14);

(c) The right to correct any personal data we hold about you if it is inaccurate or incomplete (please contact us using the details in Section 14);

(d) The right to be forgotten (i.e., the right to ask Firm to delete your personal data);

(e) The right to restrict (i.e., prevent) the processing of your personal data;

(f) The right to data portability (obtaining a copy of your personal data to re-use with another service or organization); and

(g) The right to object to the Firm’s using your personal data for particular purposes. In certain circumstances we may not be able to stop using your personal data, if that is the case, we’ll let you know why.

(h) If your data is provided to a third party for any reason, other than processing required by the Firm for the Service you requested, then in certain jurisdictions you may also have a legal right to know what data was shared, with what person or entity and for what purpose.

If you have any cause for complaint about the Firm’s use of your personal data, please contact us using the details provided in Section 14 and we will do our best to solve the problem for you.

5. Personal Data Collected By The Firm

Depending upon your use of the Firm’s Site, we may collect some or all of the following personal data from you (please also see Section 20 on the Firm’s use of cookies):

• Name
• Your User Account Name and password
• Email address
• Telephone number
• Job title
• Business/company name
• Industry
• City and State
• Country
• IP address
• Billing information that you may elect to provide
• Your home address
• Depending upon the Service that you have requested, you may provide other identification data like bank details, Social Security Number, Drivers License number, etc.

Information You Provide to Us

The information we collect on or through our website may include:

• Information that you provide by filling in forms or inputting data on our website.
• Records and copies of your correspondence, if you contact us.
• Details of transactions you carry out with the Firm and fulfillment of your transaction.
• Your search queries on the Firm’s website.

Information We Collect Through Automatic Data Collection Technologies

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 of the Firm’s website.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically may include Personal Information, or 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.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data).

6. How We Use Your Personal Data

All personal data is processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We will comply with our obligations and safeguard your rights.

Our use of your personal data will always have a lawful basis, either because it is necessary for our performance of a contract with you, because you have consented to our use of your personal data (e.g., by subscribing to emails), because it is in our legitimate interests, or for the establishment, exercise, or defense of legal claims. Specifically, we may use your data for the following purposes:

• Providing and managing your access to the Firm’s Site;
• Personalizing and tailoring your experience on the Firm’s Site;
• Supplying our products and services to you (please note that we require your personal data in order to enter into a contract with you);
• Personalizing and tailoring our services for you;
• Replying to emails from you;
• Supplying you with emails that you have opted into (you may unsubscribe or opt-out at any time by clicking the unsubscribe link at the bottom of any of the emails);
• To fulfill any other purpose for which you provide it;
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
• To notify you about changes to any products or services we offer or provide;
• In any other way we may describe when you provide the information;
• For any other purpose with your consent
• Market research;
• Analyzing your use of the Firm’s Site and gathering feedback to enable us to continually improve the Firm’s Site and your user experience.

With your permission and/or where permitted by law, we may also use your data for marketing purposes which may include contacting you by email with information, news and offers on our products, services, and events. We take reasonable steps to ensure that we fully protect your rights and comply with our legal obligations.  By subscribing to our emails, we assume you are a business user and have an interest in the business content that we supply, even if you choose to use a personal email address.

Sharing of Sensitive Personal Information

The Firm does not share sensitive personal information with anyone within or across national boundaries without the explicit, affirmative, written consent of the person to whom it relates. You will need to “Opt-In” before any such action is undertaken.

Exceptions to this rule may exist as permitted by law or for internal administration and operations or for other reasonable and valid business purposes referred to in this Policy (e.g., Human Resources administration). Firm personnel are required to obtain approval from legal counsel before sharing or transferring such information.

The sharing of sensitive personal information requires precautions that are more elaborate than the sharing of non-sensitive information. Sensitive personal information must be protected with security and confidentiality measures that are more stringent and more comprehensive as non-sensitive personal information.

When the Firm shares sensitive personal information with a third party, in addition to the general requirements that apply to non-sensitive personal information, the Firm will:

Specifically:

(i)  identify in writing to the Firm entity that the information is sensitive;

(ii) require that the-third party limit access to the sensitive personal information only to those of its personnel with “need to know”; and

(iii) require that the third party protect the sensitive personal information with the same confidentiality and security measures as those that it uses for “highly confidential” information or data.

7. Disclosure to Third Party Service Providers.

The Firm does not and will not sell your Personal Data. Except as otherwise stated in this policy, we do not generally share the Personal Data that we collect with other entities. However, we may share your Personal Data including each category of Personal Data described above with third party service providers to: (a) provide you with the Services that we offer you through our website; (b) process payments; (c) conduct quality assurance testing; (d) facilitate creation and maintenance of accounts; (e) collect and analyze data; (f) provide technical support; or (g) provide specific business services, such as synchronization with other software applications and marketing services. These third-party service providers are required by written agreement not to retain, use, or disclose your Personal Data other than to provide the services requested by us.

8. Other Disclosures.

Regardless of any choices you make regarding your Personal Data (as described below), we may disclose Personal Data if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; (b) protect or defend our rights or property or the rights or property of users of the Products; or (c) protect against fraud and reduce credit risk.

9 No processing for automated individual decision-making including profiling

We do not knowingly collect or process personal data for automated individual decision-making including profiling.

10. Children

To access or use the Site, you must be 18 years old or older and have the requisite power and authority to enter into this Privacy Policy. Children under the age of 18 are prohibited from using the Site.

11. Where and How Do We Store Your Personal Data

We only keep your personal data for as long as we need to in order to use it as described above in Section 6, and/or for as long as we have your permission to keep it.

The Firm Site are hosted in the United States and are governed by United States law. If you are using the Firm’s Site from outside the United States, please be aware that your personal data will be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. You are deemed to accept and agree to this transfer by using the Firm’s Sites and submitting personal data to us.

Data security is important to the Firm, and to protect your data we have taken suitable measures to safeguard and secure personal data collected through the Firm’s Site.

12. Personal Data Sharing and International Transfer

For the purposes described in this Privacy Policy, we use the services of various contractors, mainly digital service providers and trusted partners. These contractors process specific categories of personal data on our behalf to help us organize events, store data, analyze and organize data, provide support services, and perform customer engagements. With each of these contractors we have contractual agreements which ensure that your personal data is protected and that the processing of personal data is limited to the minimum necessary to perform the contracted services. We require that our contractors do not process your data for other than stated purposes.

We make reasonable efforts to ensure that all the entities with whom we are working store your personal data in safe locations and implement appropriate security measures.

Some of the contractors are third parties who are not intended to process the personal data but may have access to it upon fulfilling their tasks or interacting with us, such as technical maintenance companies, financial or legal auditors.

We may also provide personal data to third parties in the following situations:

• to public authorities, auditors or institutions authorized to conduct inspections or audits of the Firm. Such public authorities or institutions may be relevant data protection authorities or authorities for consumer protection;
• to comply with a legal requirement or to protect the rights and assets of the Firm or other entities or people;

All the information you provide may be transferred or accessed by entities around the world. The Firm uses approved Model Contractual Clauses GDPR Model Contractual Terms   for the international transfer of personal information collected in the European Economic Area and Switzerland.

13. How Can You Control Your Data

In addition to your rights set forth in Section 4, when you submit personal data via the Firm’s Site, you may be given options to restrict our use of your personal data. In particular, we aim to give you strong controls on our use of your personal data for direct marketing purposes including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emails and at the point of providing your details).

14. Your California privacy rights

California Civil Code Section 1798.83 permits users that are California residents to request certain information regarding our disclosure of personal information to third parties for such third parties’ direct marketing purposes. If you are a California resident and would like to make such a request, contact us by email at Johnpobrienesq@verizon.net

With regard to the California Consumer Privacy Act (“CCPA”) ”)  and California Privacy Rights Act (“CPRA”) please be advised that the Firm will not sell your data to any third parties, California Law requires that we allows you to Opt-Out Of the sale of your personal information which can be accessed by clicking on the link below, and letting us know via website message form:

Opt-Out Message Form

If you are a California Consumer you have certain rights under the CCPA:

Consumers have the right to request access to personal information. They can make this request for free, twice per year.

• Right of Access

On receiving an access request, you must provide the necessary information in a portable and easily accessible format, normally within 45 days of the request. The categories of personal information the business collects about the consumer

• The categories of sources of the consumer’s personal information
• The business or commercial purpose for collecting or selling the consumer’s personal information
• The categories of any third parties with whom the business shares the consumer’s personal information
• The specific pieces of personal informationcollected about the consumer
• Right to Deletion

Consumers have a right to request the deletion of personal information that the business holds on the consumer. However, this right does not apply where the business needs to retain the personal information in order to do any of the following:

• Provide goods or services to the consumer
• Detect or resolve issues security or functionality-related issues
• Comply with the law
• Conduct research in the public interest
• Safeguard the right to free speech
• Carry out any actions for internal purposes that the consumer might reasonably expect
• Right to Non-Discrimination

Consumers have the right not to be discriminated against for having exercised their rights under the CCPA. In particular, the business may not:

• Deny the consumer goods or services
• Charge the consumer different prices for goods or services, whether through denying benefits or imposing penalties
• Provide the consumer with a different level or quality of goods or services to the consumer
• Threaten the consumer with any of the above

To exercise the CCPA consumer access, portability or distribution rights described above, please submit a verifiable complaint by either:

• • Calling us at number (800) 408-0483 or
  • Emailing us at johnpobrienesq@verizon.net.

Only you or a person registered with the California Secretary of State who you authorize to act on your behalf may file a valid compliant. You may also make a verifiable complaining on behalf of your minor child.

Consumers may only request access or data portability twice within a 12 month period. The verifiable complaint must contain:

• Sufficient information to allow us to verify that you are the person under the complaint;
• Describe you request in sufficient detail to allow us to understand, verify and respond to your request.

We will only use the personal information provided with the consumer request to verify the consumer’s identity.(“Data Subject Request Form).

4. Right or Correct Data

Consumers have the right to request that we rectify any inaccuracies in relation to the Personal Data we hold about you. Please contact us as noted immediately above and we will assist you with your request.

5. Withdraw Consent.

You have the right to withdraw your consent to us processing your Personal Data. This will not affect the processing already carried out with your consent;

6. Not to be subject to decisions based on automated processing. 

In some circumstances, you have the right not to be subject to decisions based solely on automated processing, and to obtain the human review of any such decisions that significantly affect you (please refer to the earlier section on automated decision making); and

7. Complaint.

You have the right to lodge a complaint with the local authorized supervisory authority. However, we would appreciate the chance to deal with your concerns before you approach our supervisory authority so please contact us in the first instance.

8. Agents.

Only you or an authorized agent (“Authorized Agent”) may make a verifiable consumer request related to your personal data. Your Authorized Agent may be any natural person or business entity registered with the Secretary of State of California that you have authorized to act on your behalf. When an Authorized Agent is submitting a request on your behalf, we require your Authorized Agent to provide evidence of their entitlement, which must include information sufficient to identify you and the purpose of the request, and at least one of the following:

• Written and signed permission designating the Authorized Agent to act on your behalf. You must verify your identity with us and directly confirm with us that you have provided the Authorized Agent permission to submit the request;
• Evidence that you have provided the Authorized Agent with power of attorney pursuant to the California Probate Code; or
• Proof that the Authorized Agent is a person or business entity registered with the California Secretary of State and that you have authorized such person or business entity to act on your behalf.

Absent such documentation, we reserve the right to refuse to comply with third-party requests for information.

You also may make a verifiable consumer request on behalf of your minor child.

18. For Residents of Colorado, Connecticut, Utah, and Virginia

For users residing in certain states including  Colorado, Connecticut, Utah, and Virginia, you may also have rights with respect to the personal data that the Firm collects about you. In addition to the rights that are available to residents of California, if you are a resident of one of these states, you may also have the right to:

• out of the processing of your personal data for the purposes of targeted advertising and for profiling in furtherance of decisions, including, for residents of Connecticut, solely automated decisions, that produce legal or similarly significant effects; and
• Right to appeal any decision or indecision related to the exercise of any right the consumer is granted under the applicable state law.

If you would like to exercise any of your rights under applicable law (including the right to appeal), please use the same methods stated within the “Contact Information” section below.

19. For Residents of Nevada

Nevada law gives residents of Nevada the right to request that a company not sell their personal data for monetary consideration to certain other parties.  This right applies even if their personal data is not currently being sold (i.e, the Firm does not sell your data). If you are a resident of Nevada and wish to exercise this right, please send an email with the subject line “Nevada Resident Do Not Sell Request” to johnpobrienesq@verizon.net.

20. The Firm’s Use of CookiesThe Firm Site may place and access certain cookies on your computer or device. We use cookies to facilitate and improve your experience on the Firm’s Site and to provide and improve our products and services.A cookie is a small text file that is stored in on a computer either temporarily for that session only or permanently on the hard disk (persistent cookie). Cookies provide a way for the Firm’ site to recognize you and keep track of your preferences.The Firm uses the following cookies:

• Session Cookie: A session cookie contains information that is stored in a temporary memory location and then subsequently deleted after the session is completed or the web browser is closed. This cookie stores information that the user has inputted and tracks the movements of the user within the website.
• Persistent Cookie: A persistent cookie is a data file capable of providing websites with user preferences, settings and information for future visits. Persistent cookies provide convenient and rapid access to familiar objects, which enhances the user experience.
• Analytics Cookie: An analytics cookie is a cookie placed by analytics software provided by a third party.  An analytics cookie allows a website to monitor users of the website and the frequency with which they visit the website.
• Geo-targeting Cookie: A geo-targeting cookie establishes the location from which the user accesses the website.

You may stop the Firm’s use of cookies at any time by configuring your browser settings.  All modern internet browsers provide the option to change cookie settings.  Such settings are most often located in the “Preferences” menu or “Options” section of your browser.

21. What Analytic Tools Does the Firm Use

In order to understand the navigational trends on the Firm’s Site we use third-party analytics tools which collect information which your browser sends when you visit a the Firm’s Site. Here are tools which we use and links to their privacy policies:

• Linkedin Campaign Manager:  https://www.linkedin.com/legal/privacy-policy

Google Analytics: https://policies.google.com/privacy?hl=en22. Contacting the Firm

If you have any questions about the Firm’s Site, this Privacy Policy, or to exercise your rights under Section 4 (withdrawing from marketing emails – as described above), please contact the firm  by email at johnpobrienesq@verizon.net  or by phone at 1-732-219-6641. Please ensure that your inquiry is clear, particularly if it is a request for information about the data we hold about you.