Privacy Policy

Last Updated: August 5, 2024

Bartko LLP (“Bartko”) respects your privacy and is committed to protecting it. This Privacy Policy applies to all individuals who access Bartko’s website (www.bartkolaw.com). This Policy describes the personal information collected and how that personal information may be used, maintained and, in some cases, disclosed. This Privacy Policy also provides information on the privacy rights of California residents concerning their personal information.

It is important that you read this privacy policy together with any other privacy policy or notice we may provide on specific occasions when we are collecting or processing personal information about you so that you are fully aware of how and why we are using your information. This privacy policy supplements any other privacy policy or notices we may provide. We may update and make changes to this policy, so we encourage you to review it regularly.

By using or accessing Bartko’s website, including by collecting to accept cookies on the cookie banner, or by providing personal information to us on or through Bartko’s website or otherwise, you acknowledge that you have read and understood the policies and procedure described herein, and consent thereto.

WHAT PERSONAL INFORMATION DO WE COLLECT AND HOW

What Is Personal Information?

“Personal Information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household.

“Sensitive Personal Information” is a subset of Personal Information that requires greater security protections and standards of care in handling. It is information that if lost, compromised or disclosed could cause substantial harm, embarrassment or unfairness to an individual.

Personal Information You Provide to Us.

Below is information regarding (a) the categories of Personal Information, including Sensitive Personal Information, we collect from you, (b) the sources of that Personal Information, (c) how that Personal Information is used and (d) the categories of third-party recipients of your Personal Information for the 12 months preceding the date last updated above. Unless we inform you otherwise, this section also serves as our “Notice at Collection” by informing you of your Personal Information to be collected in the future and the purposes for its use.

You may choose to provide Bartko with Personal Information (e.g.. name, address, telephone number, e-mail address, financial information, the name of your organization) through direct interaction with us (such as by interacting with our personnel), by mail, e-mail, telephone, fax, or electronically.

With respect to this website, we also collect other personal information such as your computer’s IP address, the type of browser you are using, the type of operating system you are using, the domain name of your Internet service provider, the date and time you visit the website, the areas of the website you visited, and any webpage addresses requested by or sent to you.

In the course of our business, including but not limited to, through Bartko’s websites, we may also collect and process:

Information you provide us relating to event invitations such as access limitations and dietary restrictions
Background information you provide, such as your name, mailing address, phone number, email, as part of our business intake process
Information provided to us, or generated by us, such as your employment history and education, as part of our client representation or your employment applications.
Bartko may also collect from its website users, potential clients, or existing clients the following categories of Personal Information:
- commercial information (examples: personal property, purchasing habits, etc.);
- protected information (examples: race, ethnicity, gender, date of birth, sexual orientation);
- Personal Information as identified by Cal. Civ. Code Sec. 1798.80 (examples: social security numbers, date of birth, medical information, photos, bank account number and other financial information);
- professional or employment information (examples: employment history and professional certifications); and background checks.

The following categories of Sensitive Personal Information, such as:

biometric information, such as fingerprint data on firm-issued mobile devices;
government identification information such as a driver’s license number, or social security number; and
health information about employees and their beneficiaries (examples: medical history, family health, and genetic information).

How Personal Information Is Used

Bartko collects and processes Personal Information, including Sensitive Personal Information, that you choose to submit to us in order to:

Respond to your inquiry or process an application form that you choose to submit:
Manage and administer our relationship with you and our clients:
Provide professional services to you and our clients:
Conduct administrative or operational processes within our firm:
Promote our services, including sending legal updates, publications and information about events:
Conduct recruiting:
Analyze the use of this website, in order to improve its design and content:
Troubleshoot technical problems;
Detect and prevent fraudulent and unlawful activity; and
Comply with our legal obligations or to exercise or defend legal rights.

Bartko will only retain your personal information, including sensitive personal information, for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal information for a longer period if there are valid legal grounds for doing so, for example, in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal information, we consider many factors, including the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

To Whom We Disclose Personal Information

No Sale of Personal Information

Bartko does not and will neither sell, nor share for cross-contextual behavioral advertising, the Personal Information, including Sensitive Personal Information, of California residents that we collect.

In the last 12 months, Bartko disclosed the following categories of Personal Information about California residents to the following categories of third-party service providers for a business or commercial purposes only.

Category of Personal Information	Category of Source	Business Purpose(s) for collection	Categories of Service Providers with Whom We Disclose Categories of Personal Information for a Business Purpose in the Last 12 Months
Identifiers	Individual	Legal Compliance Security and Fraud/Unlawful Act Prevention Performing business operations(e.g., human resource functions, servicing clients)	Employment opportunities, including recruiters Employment, including to financial institutions and benefit providers as applicable Government agencies, law enforcement, and other parties as required by law or in providing services to clients, including in litigation
Categories described in Cal. Civ. Code § 1798.80(e)	Individual	Security and Fraud/Unlawful Act Prevention Performing business operations(e.g., human resource functions)	Employment opportunities, including recruiters Employment, including to financial institutions and benefit providers as applicable Government agencies, law enforcement, and other parties as required by law or in providing services to clients, including in litigation
Characteristics of protected classifications under California or federal law	Individual	Performing business operations(e.g., human resource functions, recruiting, internal analysis)	n/a
Commercial Information	Individual; Credit Reporting Agencies	Security and Fraud/Unlawful Act Prevention Performing business operations (e.g., human resource functions)	n/a
Biometric Information	Individual	Security and Fraud/Unlawful Act Prevention	n/a
Internet or Other Electronic Network Activity Information	Individual	Security and Fraud/Unlawful Act Prevention Performing business operations(e.g., marketing analytics, improve user experience on website)	Email marketing provider
Geolocation Information	Individual	Security and Fraud/Unlawful Act Prevention Performing business operations(e.g., marketing analytics, improve user experience on website)	Email marketing provider
Sensory Information	n/a	n/a	n/a
Professional Or Employment-Related Information	Individual Educational Institutions Past Employers	Performing business operations(e.g., human resource functions, recruiting)	Email marketing provider Employment opportunities, including recruiters Employment, including to financial institutions and benefit providers as applicable Government agencies, law enforcement, and other parties as required by law or in providing services to clients, including in litigation
Non-Public Education Information	Individual Educational Institutions Past Employers	Performing business operations(e.g., human resource functions)	n/a
Financial Information	Individuals	Legal Compliance Security and Fraud/Unlawful Act Prevention Performing business operations(e.g., human resource functions)	Employment opportunities, including recruiters Employment, including to financial institutions and benefit providers as applicable Government agencies, law enforcement, and other parties as required by law or in providing services to clients, including in litigation
Profile Information	n/a	n/a	n/a
Preference Information	n/a	n/a	n/a
Sensitive Personal Information: Government Identification Information	Individual	Legal Compliance Security and Fraud/Unlawful Act Prevention Performing business operations(e.g., human resource functions)	Employment, including to financial institutions and benefit providers as applicable Government agencies and law enforcement
Sensitive Personal Information: Information Allowing Access to a Financial Account	n/a	n/a	n/a
Sensitive Personal Information: Precise Geolocation	n/a	n/a	n/a
Sensitive Personal Information: Racial or Ethnic Origin, Religious or Philosophical Beliefs, or Union Membership	n/a	n/a	n/a
Sensitive Personal Information: Contents of Mail, Email and Text Messages	n/a	n/a	n/a
Sensitive Personal Information: Genetic Data	Individual	Security and Fraud/Unlawful Act Prevention	n/a
Sensitive Personal Information: Processing of Biometric Information	n/a	n/a	n/a
Sensitive Personal Information: Health Information	Individual Relevant Health Care Providers	Performing business operations(e.g., human resource functions)	Employment, including to financial institutions and benefit providers as applicable
Sensitive Personal Information: Information Concerning an Individual’s Sex Life or Sexual Orientation	n/a	n/a	n/a

How We Protect Personal Information

We use an array of security management tools to protect your Personal Information. Although Bartko makes reasonable efforts to protect your Personal Information, we cannot guarantee it.

Use of Cookies

Bartko’s websites use cookies, which are small text files that are placed on a computer when visiting a website. Cookies permit us to distinguish you from other visitors to this website, and have a variety of purposes, including enhancing performance and functionality of a website, as well as compiling statistics. Using cookies helps us improve the functionality and performance of our website. Bartko’s websites use cookies for analytical purposes to help determine the effectiveness of our marketing.

Web browsers typically accept cookies by default, while also providing users the means to modify their settings and reject cookies. If you wish to disable cookies received from any of Bartko’s websites, you must do so in each browser, and on every device from which you may access any of Bartko’s websites. Note, however, that disabling cookies may affect your ability to use Bartko’s websites or other websites.

Please also refer to our cookie banner in which you can learn more about our cookies and manage the cookies used on your device.

This website uses the following cookies:

Performance Cookies: These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.

Strictly Necessary Cookies: These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

We use Google Analytics (GA) to receive aggregated website traffic analysis. In order to track your session usage, Google drops a cookie with a randomly-generated ClientID in your browser. This ID contains no other identifiable information like email, phone number, name, etc. We use GA to track aggregated website behavior, such as what pages were looked at, for how long, and so on. This information is important to us for improving the user experience and determining site effectiveness. If you are a California resident and would like to access what browsing information we have – or ask us to delete any GA data – please delete your GA cookies, and also submit this form or email us at [email protected], and/or install the Google Analytics Opt-Out Browser Add-On found at https://tools.google.com/dlpage/gaoptout. Please note that cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted-out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt-out on each device. You must also separately opt-out on each browser. As another example, if you have opted-out on only the Chrome web browser, that opt-out will not effective if you use the Firefox web browser.

LOG DATA

When you visit the website, our servers automatically record information that your browser sends whenever you visit (“Log Data”). This is not dependent on the presence or use of cookies and is unaffected by your opt-in or opt-out election concerning cookies. This Log Data may include information such as your computer’s Internet Protocol (“IP”) address; browser type; operating system; the Internet domain from which you access the website; the webpage you were visiting before you came to our website, if any; the areas of the website you visited , and time spent on those pages; information you search for on the website; access times and dates, searches and other statistics; and the webpage addresses requested by or sent to you.

Log data information helps us design the website’s appearance and enhance the user’s experience by identifying popular features, resolving user hardware and software problems, providing analytics, and making the website more useful for users. Additionally, addressing information sent from or sent to you—as one example, the webpage addresses requested by or sent to you—can be used for a variety of purposes and may be shared with third parties via cookies or other means for a variety of reasons, including but not limited to: helping design the look of websites, operations and attributes of the sites; identifying popular features; detecting error, fraud and criminal activity; resolving visitor hardware and software problems; analytics; tailoring website content and advertising; and helping enhance the user’s experience.

WEB BEACONS OR TRACKING PIXELS

A web beacon, or tracking pixel, is a small image file on a webpage that may be used to collect certain information from your device for the purpose of keeping track of user behavior, web traffic, and site conversions. This information may include the IP address, time of access, browser, and identification of cookies.

PROMOTIONAL COMMUNICATIONS

You can opt out of certain promotional communications. To be removed from our mailing list, email us at [email protected].

YOUR RIGHTS

We are committed to respecting your rights, including where applicable under the California Consumer Privacy Act (“CCPA”).

YOUR CALIFORNIA PRIVACY RIGHTS

a) Right to Know

California residents have the right to submit a verifiable request to know:

The categories and specific pieces of Personal Information that Bartko has collected about them;
The categories of sources from which Bartko collected the Personal Information;
The categories of Personal Information that Bartko sold or disclosed to a third party (other than a service provider) for a business purpose and the categories of recipients of that information; and
The business or commercial purposes for Bartko’s collection, disclosure, or sale of the Personal Information.

b) Right To Delete

California residents have the right to submit a verifiable request for deletion of their Personal Information that Bartko has collected from the Consumer.

c) Right To Correct

California residents have the right to request the correction of inaccurate personal information.

d) Right to Opt Out of Sale or Sharing of Personal Information

California residents have a right to opt-out of the sale, or sharing for cross-contextual behavioral advertising, of their Personal Information. However, as stated above, Bartko does not and will not sell or share (as share and sharing is defined by the CCPA) Personal Information.

e) Right to Limit the Use and Disclosure of Sensitive Personal Information

California residents have the right to direct a business to limit its use of their sensitive personal information to what is necessary for the business to provide expected goods and services.
To clarify, we do not use sensitive personal information for anything other than what is necessary to perform business functions such as delivering client services, maintaining compliance with internal policies, administering benefits and preventing or detecting an unlawful act or fraud.

HOW TO EXERCISE YOUR RIGHTS

a) Making Requests
Bartko will respond to requests in accordance with applicable law if it can verify the identity of the individual submitting the request. California residents can exercise their rights in the following ways:

1. Email to [email protected]
2. Please complete and submit this form.
3. Please call the following toll-free number: 1-833-739-3331.

b) Requests By Authorized Agents

You can have an authorized agent submit a CCPA request to us on your behalf by (a) providing us with a written authorization signed by you that designates the agent as your authorized agent for purposes of a CCPA request; (b) verifying your identity directly with us; and (c) directly confirming with us that the agent is authorized to submit the request.

c) How We Will Verify Your Requests

To prevent anyone other than you, or your authorized agent, from exercising the right to know or the right to delete with respect to your Personal Information, we follow procedures to verify your, or your agent’s, identity. This process seeks to confirm that the person making a request is the person about whom we have collected Personal Information or that person’s authorized agent. The verification process involves matching data points that you provide with your request against information about you we already have in our records and that we have determined to be reliable for purposes of verifying your identity. We will use information you provide in your email request or form request or phone call and we may request additional information if necessary to complete the verification process.

ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS

a) Bartko’s Non-Discrimination Policy

California residents have the right not to be subject to discriminatory treatment by Bartko for exercising their privacy rights under the California Consumer Privacy Act, and Bartko will not discriminate on that basis. However, Bartko may charge a California residents a different price or rate or provide a different level or quality of goods or services if the difference is reasonably related to the value provided to the California resident by the their Personal Information. If Bartko does so. it will provide Consumers with any legally required notice.

b) ‘Do Not Track’ Browser Setting
Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. Bartko’s websites do not currently respond to those signals.

Third-Party Links And Services

We provide links to third-party websites operated by organizations not affiliated with Bartko. We do not endorse, and are not responsible for, the privacy practices of these organizations. We encourage you to read and understand the privacy policy of each and every website that you visit. This Privacy Policy applies solely to information collected by Bartko through its websites and services.

Minors Under 16 Years of Age

We respect the privacy of children. Our services are not designed to attract an audience younger than sixteen (16), and we do not knowingly collect Personal Information from children under sixteen (16). If you are under the age of sixteen (16), you are not permitted to use Bartko’s websites or other Bartko services and should not send any information about yourself to us through Bartko’s websites or services. Please contact us using the contact details below if you believe we may have collected information from your child under the age of sixteen (16), and we will work to delete it.

Information storage

Information we collect is stored in the United States. If you live outside of the United States and use the Bartko Website or services, you also understand that the information will be stored to the United States.

Revisions to this Policy

We reserve the right to revise this policy or any part of it from time to time, including as required by law. Please review the policy periodically for changes.

Contacting Us

If you have any questions regarding this policy, please contact us by emailing us at [email protected], calling us at 415.956.1900, or by sending a signed letter addressed to:

Privacy Officer
Bartko Zankel Bunzel & Miller
One Embarcadero Center, Suite 800
San Francisco, CA 94111