1.1 We are committed to safeguarding the privacy of our website visitors and service users.
1.2 This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.
1.4 Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can determine whether or not you want to receive marketing communications from us by signing up for, or not signing up for, our email campaign(s). At the bottom of all email campaigns, you can click on the “unsubscribe” link if you no longer wish to receive communications from us.
1.5 In this policy, “we”, “us” and “our” refer to Maggs McDermott & DiCicco and our agents. For more information about us, see Section 13.
2.1 This document was created using a template from SEQ Legal (https://seqlegal.com).
3. How we use your personal data
3.1 In this Section 3 we have set out:
(a) the general categories of personal data that we may process;
(b) in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;
(c) the purposes for which we may process personal data; and
(d) the legal bases of the processing.
3.2 We may process data about your use of our website and services (“usage data”). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is Google Analytics. This usage data may be processed for the purposes of analyzing the use of the website and services. The legal basis for this processing is for monitoring and improving our website and services.
3.3 We may process your account data (“account data”). The account data may include your name and email address. The source of the account data is you or your employer. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
3.4 We may process your information included in your personal profile on our website (“profile data”). The profile data may include your name, address, telephone number, email address, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details. The profile data may be processed for the purposes of enabling and monitoring your use of our website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
3.5 We may process your personal data that are provided in the course of the use of our services (“service data”). The source of the service data is you or your employer. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
3.6 We may process information that you post for publication on our website or through our services (“publication data”). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
3.7 We may process information contained in any enquiry you submit to us regarding goods and/or services (“enquiry data”). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
3.8 We may process information relating to our customer relationships, including customer contact information (“customer relationship data”). The customer relationship data may include your name, your employer, your job title or role, your contact details, and information contained in communications between us and you or your employer. The source of the customer relationship data is you or your employer. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
3.9 We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website (“transaction data”). The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our website and business.
3.10 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“notification data”). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
3.11 We may process information contained in or relating to any communication that you send to us (“correspondence data”). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
3.12 We may process data, which may include the source of this data. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
3.13 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
3.14 We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
3.15 In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
3.16 Please do not supply any other person’s personal data to us, unless we prompt you to do so.
4. Providing your personal data to others
4.1 We may disclose your personal data to our partners and other personnel of Maggs McDermott & DiCicco insofar as reasonably necessary for the purposes, and on the legal bases, set forth in this policy.
4.2 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
4.3 We may disclose personal data to our suppliers or subcontractors, insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
4.4 Financial transactions relating to our website and services [are] OR [may be] handled by our payment services providers. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds.
4.6 In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
5. International transfers of your personal data
5.1 In this Section 5, we provide information about the circumstances in which your personal data may be transferred to countries outside of the United States.
5.2 Data transfers to any other country will be protected by appropriate safeguards.
5.3 You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
6. Retaining and deleting personal data
6.1 This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
6.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
6.3 In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:
(a) the period of retention of personal data category will be determined by Google Analytics policy.
6.4 Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
7.1 We may update this policy from time to time by publishing a new version on our website.
7.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
7.3 We may notify you of significant changes to this policy by email or through the private messaging system on our website.
8. Your rights
8.1 In this Section 8, we have summarized the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
8.2 Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
8.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
8.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
8.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defense of legal claims.
8.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defense of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defense of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
8.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.
8.8 You have the right to object to our processing of your personal data for direct marketing purposes, including profiling for direct marketing purposes. If you make such an objection, we will cease to process your personal data for this purpose.
8.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
8.10 To the extent that the legal basis for our processing of your personal data is:
(a) consent; or
(b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
8.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection.
8.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
8.13 You may exercise any of your rights in relation to your personal data by written notice to us, or a message sent to us via our website.
9. About cookies
9.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
9.2 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
9.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
10. Cookies that we use
11. Cookies used by our service providers
12. Managing cookies
12.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);
(b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
(c) http://www.opera.com/help/tutorials/security/cookies/ (Opera);
(d) https://support.microsoft.com/en-gb/windows/delete-and-manage-cookies-168dab11-0753-043d-7c16-ede5947fc64d (Internet Explorer);
(e) https://support.apple.com/kb/PH21411 (Safari); and
12.2 Blocking all cookies will have a negative impact upon the usability of many websites.
12.3 If you block cookies, you will not be able to use all the features on our website.
13. Our details
13.1 This website is owned and operated by Maggs McDermott & DiCicco
13.2 You can contact us:
(a) using our website contact form;
(b) by telephone, the number published on our website;
(c) by email, using an email address published on our website (if applicable);
TERMS & CONDITIONS
Maggs McDermott & DiCicco maintains this Site for your personal information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video, without Maggs McDermott & DiCicco’s written permission. Your access to and use of the Site is also subject to the following terms and conditions and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms and Conditions. If you have any questions this Site or these Terms and Conditions, please contact us.
Compliance with Laws
By downloading from or using the Site, you agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations.
If for any reason your account was improperly charged, please contact us.
Arbitration and Governing Law
Any dispute or controversy arising under or related in any way to use of the website or the content contained on the website including disputes or controversies based on common law, statutory law, regulatory law, or public policy (“Claim” or “Claims”) shall be subject to and resolved by arbitration. Arbitration shall be conducted pursuant to the Federal Arbitration Act and shall be arbitrated by a single arbitrator in accordance with the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association. The parties will split the fees for arbitration equally between them. The Arbitrator shall decide whether the Claim is subject to arbitration and whether the Arbitrator has jurisdiction to hear the Claim. The Arbitrator shall have the power to award any type of legal or equitable relief available in a court of competent jurisdiction, including but not limited to, attorney’s fees and costs at the discretion of the Arbitrator. The decision of the Arbitrator and award, if any, is final and binding on the parties and judgment may be entered on the award in any court having jurisdiction over the parties. Arbitration shall be held in Wall Township, New Jersey. The parties understand that they are waiving any right that they may have to have a court or jury decide the Claims. Therefore, based on this waiver, the parties agree and acknowledge that they have no right to a trial by jury or trial before a court for the Claims and that the Claims will be decided by the Arbitrator and not by a court or a jury. The Arbitrator shall apply New Jersey law regarding the Claims and any matters in dispute or controversy unless the Claims, matters in dispute, or controversy involves the law of the United States in which case the law of the United States will apply.
Information on the Site, other than historical financial information, may consist of forward-looking statements that involve risks and uncertainties. These statements may differ materially from actual future events or results. For instance, factors that could cause results to differ from these statements include the rate of adoption of new technology, competitive pricing actions, and marketing programs, among others.
THIS SITE AND ALL MATERIAL AND CONTENT ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
Without limiting the foregoing, Maggs McDermott & DiCicco does not promise or warrant to you that any aspect of the Site and system will work properly or will be available continuously. Maggs McDermott & DiCicco also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. While Maggs McDermott & DiCicco uses reasonable efforts to include accurate and up-to-date information in the Site, Maggs McDermott & DiCicco DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE — USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE — USE OF, OR OTHERWISE RESPECTING, THE MATERIALS AND CONTENT ON THIS SITE OR ANY SITES LINKED TO THIS SITE. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Links to Third Party Sites
Certain links in this Site will let you leave this Site for web sites, web pages or services not operated by Maggs McDermott & DiCicco or its affiliates (“Third Party Sites”). Third Party Sites are not under the control of Maggs McDermott & DiCicco and Maggs McDermott & DiCicco is not responsible for the contents of any linked Third Party Site or any link contained in a Third Party Site, or any changes or updates to such Third Party Sites. Maggs McDermott & DiCicco is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Maggs McDermott & DiCicco of the site.
Right to Update
Maggs McDermott & DiCicco may at any time revise these Terms & Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms & Conditions to which you are bound.
Web Site Legal Statements
Maggs McDermott & DiCicco recognizes and respects the importance of maintaining the privacy of visitors to our Site. In these Terms and Conditions, we describe why we gather visitor information, what information we collect, how we collect it, what we use the information for, and how you can instruct us if you prefer to limit the use of that information.
How We Use the Information We Collect About You
Maggs McDermott & DiCicco collects basic information about you when you complete our customer forms Maggs McDermott & DiCicco uses the information we collect from you to attempt to provide you with information we believe you may find useful.
Limits on Maggs McDermott & DiCicco Abilities
A Web site such as this one can never be perfect, and thus Maggs McDermott & DiCicco may inadvertently use or disclose your information in ways not contemplated by these Terms & Conditions or even in direct contravention of it. For example, there could be a glitch in the software that could result in an unintended disclosure, or Maggs McDermott & DiCicco might also make ad hoc use of your information in ways it can’t contemplate here. Maggs McDermott & DiCicco will do its best to work with you if such situations arise, but your sole remedy in these cases is to have Maggs McDermott & DiCicco try to rectify the problem as soon as it can. In addition, although highly unlikely, it is possible for Internet transmissions containing your personal information to be intercepted by others. It is impossible for Maggs McDermott & DiCicco to ensure the privacy and security of all transmissions made to and from the Site while in transit. Maggs McDermott & DiCicco does not control the privacy policies of the sites to which it provides links, and you should be aware that if you click through to such a site, you will be subject to that site’s privacy policies. Maggs McDermott & DiCicco uses industry-standard methods of securing its database of user information, such as, if and where appropriate, firewalls and limits on who can access user information databases. However, please keep in mind that there is no such thing as perfect security on the Internet.
If you would like to update or correct information previously provided to us, please email us your new information.
Your Consent and Changes to This Policy
Subject to the above provisions, by using our Web Site, you consent to the collection and use of information by us. If we decide to change our Terms & Conditions, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we may disclose it.
Maggs McDermott & DiCicco welcomes feedback concerning its Terms & Conditions. Please contact us with your comments and questions.