Website Privacy Statement and Cookie Policy

Your privacy is as important to us as it is to you. As legal professionals, FBFK (also referred to as “We”, “Us”, “Our, and the “Firm”) is committed to protecting the privacy of confidential and “Personal Information” (information that directly or indirectly identifies individuals who may be clients, staff, agents, lawyers, law students, job applicants or others inside or outside the firm).

This FBFK Privacy Statement and Cookie Policy (the “Statement”) is based on the privacy and data protection principles common to the States we operate in. It is intended to summarize the Firm’s data protection practices generally and advise our clients, interested law students, job applicants, website visitors, and other third parties about the Firm’s applicable privacy policies.

This Statement is also addressed to parties outside the Firm who provide Personal Information to us or who visit or use the Firm’s websites, our apps, our social media sites, our extranets, as well as email messages that the Firm sends to you containing a link to this Statement (collectively, the “Internet Services”). This Statement also describes how FBFK collects, processes, and discloses Personal Information in connection with the provision of legal services and the Internet Services.

1. Scope

This Privacy Policy applies to the personal information we collect related to our:

• websites, including www.fbfk.law and other websites that display this Privacy Policy, and the services available through our websites (together, our “Sites”)
• mobile apps (“Apps”) and social media properties
• events, marketing, and business development activities
• business contacts, communications, and other online and offline business interactions
• legal and professional services that we provide, including pitches and proposals that we respond to (“Client Services”)

Collectively, we refer to the above as our “Services.” Additional or different privacy notices may apply to certain of our Services. If a different or supplemental privacy notice applies, this will be disclosed to you.

Our privacy practices are subject to the applicable laws of the states in which we operate, Texas and California. You will see additional regional-specific terms that only apply to individuals located in those specific geographic regions, or as required by applicable laws.

Texas Data Privacy Act. If you are a Texas resident, this policy explains your rights under the Texas Data Privacy Act (the “TDPA”) with an overview of the following: 1) the type of information collected by the Firm; 2) how the Firm collects, uses, discloses, and protects your personal information; and 3) the Firm’s security measures for protecting such information.

California Privacy Rights Act. If you are a California resident, please review Section 14. Additional Privacy Information for California Residents which details how the Firm collects, uses, and discloses your personal information and explains your rights under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (the “CCPA” and “CPRA”).

Not In Scope.
We may also collect, generate, use, and disclose aggregate, anonymous, and other non-identifiable data related to our Services, which is not personal information subject to this Privacy Policy.

2. Information we collect

We may collect information directly, as well as from third parties or automatically related to the use of our Sites and Services.

• Information collected directly
  We may collect personal information about you—such as your name, address, telephone number, fax number, e-mail address, etc.—directly from you. For example, personal information may be collected when you fill out a ‘Contact Us’ form, sign up for our mailing lists, register for events we host or sponsor, submit information as part of certain online services, post comments on our blogs, or otherwise provide us personal information through the Sites and Services. Generally, the information collected includes your:
• Name, company name, and title/position.
• Email address, phone number, mailing address, and contact details.
• Contact preferences and interests.
• Business affiliations.
• For events, it may include dietary restrictions, requested accommodations, and other event-related preferences.
• If you register for, attend, or participate in CLEs that we make available, we may collect your Bar number and other information necessary for CLE credit and reporting purposes.
• Information provided in conjunction with our Client Services.
• Other information related to your request or inquiry, or that you provide when you communicate, engage, or otherwise interact with us or the Services.
• Automatically-collected information
  We use cookies, log files, pixel tags, local storage objects and other tracking technologies to automatically collect information including personal information when users access or use our Sites, mobile applications and other online services, such as an IP address, general location information, domain name, page views, a date/time stamp, browser type, device type, device ID, Internet service provider, referring/exit URLs, operating system, language, clickstream data, and other information about the links clicked, features used, size of files uploaded, streamed or deleted, and similar device and usage information. For more information, please review Section 5 Cookies and Similar Devices below.
• Information received from third parties and other sources
  We may collect or receive information about individuals from service providers, and other third parties, such as our clients, representatives and professional advisers, content providers, government authorities, public sources and records, and other third parties (such as ISPs, platforms, operating systems, and social media platforms).

3. Purposes of Use and Processing

Generally, we use, disclose, and otherwise process the personal information we collect to respond to your request or inquiry, as directed or authorized by you, and for the following purposes:

• Providing support and services and performing Client Services
  To operate our Sites, provide our Services, communicate with you about your use of the Sites or Services, provide troubleshooting and technical support, respond to your inquiries, fulfill your orders and requests, process your payments, communicate with you, and for other service and support purposes.
• Responding to requests
  To respond to your inquiries, fulfill your orders and requests, and otherwise consider or process your request.
• Personalizing content and support
  To tailor content we may send or display to you, including to offer location customization and personalized help and instructions on our Sites and Apps, and to personalize your experiences.
• Direct marketing and targeted advertising
  For direct marketing purposes, including sending you newsletters, client alerts, and information we think may interest you, and to target the content and ads on third-party platforms (e.g., LinkedIn). If you are in a jurisdiction that requires opt-in consent to receive marketing emails, we will only send you such messages if you opt-in to receive them.
• Analytics and improvement
  To better understand how users access and use our Sites and other Services, and for other research and analytical purposes, such as to evaluate and improve our Services and business operations and to develop services and features. We may also conduct surveys and evaluations designed to assess and improve our delivery of Client Services.
• Protecting rights and preventing fraud and misuse
  To protect the Sites, Services, and our business operations; to prevent and detect fraud, unauthorized activities and access, and other misuse; where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety or legal rights of us or any person or third party, or violations of our Terms of Use or other agreements; and to respond to actual or potential legal claims against us.
• Complying with legal and ethical obligations and legal process
  To respond to legal processes (e.g., court orders, subpoenas, or warrants) or regulator investigations and inquiries, or where otherwise required by law or our legal, regulatory, or ethical obligations.
• Supporting our business operations and business transactions
  Where necessary, for the administration of our general business, accounting, recordkeeping, audit, compliance, and legal functions, as well as in the consideration of implementing various business transactions, such as mergers, acquisitions, and reorganizations.

4. Disclosure of Personal Information

FBFK is a multi-state law firm with principal offices in Texas and California and any information that we collect or that you provide to us may be shared and processed by any FBFK practicing entity. You can find out more about FBFK locations here: Office Locations – FBFK

FBFK may disclose personal information to the following categories of third parties:

• Third-party service providers and vendors that provide services to us or to whom we outsource certain services, such as data hosting or software or technology services.
• Content providers that we partner with to make available CLEs, training, and other content or resources. We do not share your information with them for their independent use; however, if you register for an account with one of these third parties, they will use the information you provide to them subject to their privacy policy and terms.
• To third-party platforms, including analytics providers, ad networks, and social media platforms, to reach individuals with more relevant content on and off our Sites, promote events, and collect performance metrics and usage information related to our Sites and our ads and content. For example, we may target content, promote events, and reach out to certain users or groups of users through social media platforms, such as LinkedIn. In some cases, we may work with these platforms to create custom audience lists (e.g., email addresses) that can be matched with user profiles on that platform. These platforms use our custom audience lists to help us target content and ads and to enforce their terms, but we do not permit them to use or share this information to target ads for third parties. Our Site may also include cookies and pixels that enable us and third parties to collect browsing and activity information about users of our Sites, in order to, for example, analyze and improve performance, enable certain features and functionality, understand more about users and their interaction with our Site, provide personalized user experiences, and reach users with more relevant content and ads on this Site and others. For more information on how to opt-out and the other choices you have, see Section 7. Privacy Choices and Requests and Section 5. Cookies and Similar Devices.
• Our professional advisers, such as lawyers and accountants.
• Regulators, tax authorities, and corporate registries.
• Government agencies, judicial and quasi-judicial bodies, and other public bodies.
• Agents and advisors, such as professional indemnity insurers.
• FBFK practicing entities.

In addition, we may disclose personal information to other third parties as directed or authorized by the relevant data subject, as well as under the following circumstances:

• Business transfers
  As part of any actual or potential merger, sale, and transfer of our assets, acquisition or restructuring of all or part of our business, bankruptcy, or similar event, including, where permitted by law, related to due diligence conducted before such event.

• Comply with law, legal process, and ethical obligations
  To comply with the law and our ethical obligations, respond to legal processes or regulator investigations and inquiries, or where otherwise required by law or our ethical obligations. For example, we may disclose information in response to subpoenas, court orders, and other lawful requests by regulators and law enforcement, including responding to national security or law enforcement disclosure requirements.

• Performance of Client Services
  Subject to the terms of our engagement, we may disclose information to others where required or necessary for our provision of Client Services. For example, concerning the relevant legal services we provide to them, to local counsel and other firms as relevant and necessary to a particular matter, or to respond to other parties in legal matters for which we have been engaged as legal counsel.

• Protecting rights and preventing fraud and misuse
  Where we believe it necessary to respond to claims asserted against us, enforce or administer our agreements and terms, or for fraud prevention, risk assessment, and investigation, and to protect and defend the rights, property, or safety of FBFK, our clients and customers, or others.

We may also share aggregate or de-identified information with third parties for research, marketing, analytics, and other purposes, provided such information does not identify a particular individual.

5. Cookies and Similar Devices

We and our service providers use cookies, pixels, log files, and other mechanisms to gather information about your use of our Sites and Apps.

• Cookies
  Cookies are alphanumeric identifiers we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Sites, while others are used to enable a faster log-in process or to allow us to track your activities while using our Site. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, set up browser notifications upon receiving a new cookie, or disabling cookies altogether.
• Clear GIFs, pixels, and tags
  Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (also referred to as web beacons, web bugs or pixel tags), in connection with our services to, among other things, track the activities of users of our services, help us manage content, and compile statistics about usage of our services. We and our third-party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, to identify when our emails are viewed, and to track whether our emails are forwarded.
• Log files
  Most browsers collect certain information, such as your IP address, device type, screen resolution, operating system version, and internet browser type and version. This information is gathered automatically and stored in log files.
• Third-party analytics
  We also use automated devices and applications, such as Google Analytics to evaluate the use of our Sites and Services. We use these tools to gather non-personal data about users to help us improve our services and user experiences. These analytics providers may use cookies and other technologies to perform their services and may combine the information they collect about you on our Sites with other information they have collected for their purposes. This Policy does not cover such uses of data by third parties.
• Do-not-track signals
  Our Site does not respond to all do-not-track signals. However, we support Global Privacy Control (GPC), which allows you to communicate your privacy preferences automatically. If your browser or device is enabled with GPC, we will recognize and honor the signal in accordance with applicable laws.
• Cookie settings
  You can change your preferences for cookies on our Sites and opt out of most third-party cookies (other than “essential” cookies necessary for our Site to function properly) through the Cookie Settings button.

6. Direct Marketing

As noted, we may send periodic promotional emails to you, and where required by law, we will obtain your consent to do so. You may opt out of such emails at any time by following the opt-out instructions contained in the email or by making such a request and emailing us at: [email protected]. If you opt-out of receiving emails about recommendations or other information we think may interest you, the Firm may still send you emails about your account or any services you have requested or received from us.

7. Privacy Choices and Requests

If you would like to review the personal information we have collected about you via the Sites, request that we update or delete your personal information, or submit a request to exercise your privacy rights under applicable laws, please email us at: [email protected] or submit your specific request to us through the following form: (insert hyperlink for form request)

You may opt out of marketing and promotional emails from us at any time by following the opt-out instructions contained in any such email. You may also contact us to review your communications subscriptions or to opt out of marketing emails from us, by emailing us at: [email protected] or submit your specific request to us through this form.

You may also review and change your preferences for cookies on one of our Sites and opt out of most cookies (other than those that are “strictly necessary”) through the cookie settings menu for that Site. In addition, you may submit a request to opt-out of custom audience list targeting by emailing us at: [email protected] or submit your specific request to us through this form.

If you are a California resident, please review Section 14. Additional Privacy Information for California Residents which provides additional privacy information about your rights.

8. Data Retention

FBFK may retain your personal information for as long as it is reasonably necessary for a legitimate business purpose, such as to provide you with services. We will, for example, retain your personal information where required for us to assert or defend against legal claims until the end of the relevant retention period or until the claims in question have been settled.

FBFK may dispose of or delete personal information at any time, except as set forth in any other agreement or document executed by both you and FBFK concerning the same or as required by law.

9. Third-Party Websites and Links

Our Sites may contain links to other sites whose information practices may be different than ours. Visitors should consult the other sites’ privacy notices as we have no control over information submitted to or collected by these third parties.

10. Co-Sponsored Events

FBFK posts information about programs and events sponsored by or co-sponsored by other firms or organizations. If you register electronically for any of these events or submit your information to these third parties, FBFK will have no control over the third-party sponsors’ use of this information, and this Privacy Policy will not apply.

11. Our Commitment to Security

We employ security measures to prevent unauthorized access to information that we collect online. However, we cannot guarantee the security of your personal information.

12. How to Contact Us

If you have any questions or concerns about our Privacy Policy or its implementation, you may email us at: [email protected]. If you decide that we should no longer hold any of your personal information, or you wish to change the use to which any such information can be put, please let us know by emailing us at: [email protected].

13. Revisions to Our Privacy Policy

We reserve the right to revise this Policy. Please review the Policy periodically for changes. If we make material changes, we will endeavor to provide notice ahead of such changes, such as by email or through a notice on www.fbfk.law.

14. Additional Privacy Information for California Residents

In this section, we provide additional information to California residents regarding their privacy rights and our collection, use and disclosure of their personal information, as required under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (the “CCPA” and “CPRA”).

This section does not apply to publicly available information or other personal information exempt from or not subject to the CCPA and CPRA.

Categories of personal information that we collect and disclose

While our processing of personal information varies based upon our relationship and interactions with you, the table below identifies, generally, the categories of personal information that we collect and have collected in the prior twelve (12) months about California residents, as well as the categories of third parties to whom we may disclose this information for a business purpose.

In addition to the categories of third parties identified in the above table, we may also disclose the personal information we collect to our service providers, as well as to other third parties: (a) as directed or authorized by the applicable data subject; (b) in the event of business transfer (e.g., a merger or acquisition of all or a part of our business); (c) to comply with law, legal process and our ethical obligations; (c) where necessary to perform certain Client Services and/or as directed by a client; and (d) where necessary to protect or defend the rights, property or safety of FBFK and others or protect against fraud and misuse. For more information, see Section 4. Disclosure of personal information.

Sales and sharing

Under the CCPA, “sales” and “sharing” are broadly defined, respectively, and include disclosing or making available personal information in exchange for monetary or other valuable consideration, or for purposes of cross-context behavioral advertising. We do not disclose, sell or otherwise make available personal information in exchange for monetary compensation. However, we share identifiers, internet and electronic network activity information, and inferences with third party analytics providers, and ad networks and social media platforms, in order to improve and evaluate our Sites, our content and our marketing and advertising campaigns, and to better reach individuals with more relevant ads and content. We do not sell or share sensitive personal information, nor do we sell or share any personal information about individuals who we know are under sixteen (16) years old.

Sources of personal information collected

• As further described in Section 2. Information We Collect above, we may collect personal information directly from individuals and indirectly from their use of our Services, as well as from the following sources:
• Vendors and service providers, including content providers
• Business partners (such co-sponsors of events that we host or sponsor)
• Advisors and agents, including professional advisors (such as lawyers and accountants) and our professional indemnity insurers
• Recruiters, talent agencies and references (for applicants and candidates)
• Judicial and quasi-judicial bodies, such as courts, arbitral bodies and tribunals
• Regulatory agencies and government entities, such as administrative, law enforcement and other regulatory agencies, tax authorities, and corporate registries
• FBFK practicing entities
• Legal support firms, such as other law firms, consultants and professional advisors that we work with to provide our legal services to a particular client
• Clients
• Parties and related parties in legal matters
• Public sources and records
• Analytics providers, ad networks and social networks
• ISPs, operating systems and platforms

Purposes of collection, use, disclosure and processing

As described in more detail in Section 3. Purposes of use and processing, we collect, use, disclose and otherwise process the above personal information for the following business or commercial purposes:

• Providing support and services and performing Client Services
• Responding to requests
• Personalizing content and support
• Direct marketing and targeted advertising
• Analytics and improvement
• Protecting rights and preventing fraud and misuse
• Complying with legal and ethical obligations and legal process
• Supporting our business operations and business transactions

Notwithstanding the purposes described above, we do not use or disclose sensitive personal information beyond the purposes authorized by the CCPA. Accordingly, we only use and disclose sensitive personal information about California residents as reasonably necessary (i) to perform our services requested by you, (ii) to help ensure security and integrity, including to prevent, detect, and investigate security incidents, (iii) to detect, prevent and respond to malicious, fraudulent, deceptive, or illegal conduct, (iv) to verify or maintain the quality and safety of our services, (v) for compliance with our legal obligations, (vi) to our service providers who perform services on our behalf, and (vii) for purposes other than inferring characteristics about you.

Retention

We retain the personal information we collect only as reasonably necessary for the purposes described above or otherwise disclosed to you at the time of collection, and for other compatible business purposes, including as necessary to protect, defend, or establish our rights, defend against potential claims, and meet our legal, regulatory and ethical obligations.

Deidentified data

Consumer information that has been “deidentified” in accordance with the CCPA is not considered “personal information.” Where FBFK has committed or is required to maintain and use certain consumer information in “deidentified” form (as defined by the CCPA), we will not attempt to reidentify such information, except for the purpose of determining whether our deidentification processes satisfy the CCPA.

Rights under CCPA and CPRA

• In general, California residents have the following rights concerning their personal information (subject to certain limitations and exceptions):
• Opt-out of sales and sharing: to opt-out of our sale and sharing of their personal information.
• Limit use of sensitive personal information: to limit uses or disclosures of sensitive personal information to those authorized by the CCPA. However, as noted FBFK does not use or disclose sensitive personal information beyond the purposes authorized by the CCPA.
• Deletion: to request deletion of their personal information.
• To know/access: to know what personal information we have collected about them, including the categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom we disclose personal information, and the specific pieces of personal information we have collected about them.
• Correction: to request correction of inaccurate personal information.
• Non-discrimination: to not be subject to discriminatory treatment for exercising their rights under the CCPA.

Submitting CCPA Requests

California residents may submit requests to know (access), delete, and correct their personal information through the following methods:

• Online by emailing us at: [email protected]

• By submitting your specific request to us through this form

Upon receipt of your request to know, correct, or delete, we will take steps to verify your request by matching the information provided by you with the information we have in our records. You must provide your name and contact information to verify your request. In some cases, we may request additional information, where necessary to verify or process your request. Authorized agents may initiate a request on behalf of another individual to us via email at: [email protected]. Authorized agents must provide written proof of their authorization. We may also require that the relevant consumer directly verify their identity and the authority of the authorized agent, as permitted by the CCPA.

Requests to opt out. Browser opt out: Our Sites responds to global privacy control—or “GPC”—signals, which means that if we detect that your browser is communicating a GPC signal, we will process that as a request to opt that particular browser and device out of sales and sharing on our Site (e.g., via cookies and pixels). More information about GPC is available at: https://globalprivacycontrol.org/. You may also review and change your preferences for cookies on one of our Sites and opt out of most cookies (other than those that are “strictly necessary”) through the cookie settings menu for that Site. This will opt your browser out of all cookies on that Site, except those that are essential for our Site to function properly. Note that if you come back to the Site from a different device or use a different browser on the same device, you will need to opt-out (or set GPC for) that browser and device as well. Webform opt out: You may submit a request to opt-out of other ‘sharing’ for targeted advertising purposes (e.g., custom audience list targeting as described above), by emailing us at: [email protected] or submitting your specific request to us through this form.

For more information about our privacy practices, you may contact us as outlined in Section 12. How To Contact Us.