Morse Busby Andrews & Terry LLP (“MBA&T,” “us,” “we,” or “our”) is a law firm dedicated to maintaining the confidentiality of sensitive information it receives. This Privacy Notice sets forth our practices regarding the collection, use, and disclosure of Personal Information through our website at www.mbavancouverlaw.com (the “Site”). Through the Site, we provide you with access to our website, content, and interactive and informational resources (collectively, “Services”). This Privacy Notice sets forth our policies with respect to Information that is collected from you when you use the Services.
Changes to Our Privacy Notice
The Services may change from time to time. In the future, we may also change how we process Personal Information, on the Site and otherwise. As a result, at times it may be necessary for us to make changes to this Privacy Notice. Accordingly, we reserve the right to update or modify this Privacy Notice at any time. We will provide notice of any material changes through the Site or by other means, to provide you the opportunity to review the changes before they take effect. Your use of the Services after any changes or revisions to this Privacy Notice indicates your agreement with the terms of such revised Privacy Notice. This Privacy Notice was last updated on the date indicated below.
What Information Do We Collect?
MBA&T may collect two types of information from you when you visit the Site: Personal Information and Non-Personal Information (collectively “Information”).
- “Personal Information” refers to information by which you may be personally identified, such as name, postal address, e-mail address, and telephone number.
- “Non-Personal Information” means information that is about you, but does not identify you specifically. If you do nothing during your visit to our Site but browse, read pages, or view content, we will gather and store Information about your visit that does not identify you personally.
When you use the Services, we may collect the following Information from you:
- Contact information, such as your name, email address, postal address, phone number, and mobile device identifier;
- Payment information and associated contact information when you engage in a transaction with us;
- Education information, such as educational degrees, professional memberships, and certifications;
- Employment information, such a company name, job title, and office location;
- Health information, such as accessibility requirements and dietary restrictions;
- Information about the equipment you use to access the Services, IP address, geographical location (e.g., city or county), and your browsing actions and patterns, such as your operating system and browser type, the pages or Services that you access or use, times and dates of visits to the Site, and details of transactions you carry out through the Site;
- Any other information you choose to provide us.
How Do We Collect Information?
We may collect Information:
- Directly from you or when you provide it, including when you fill in forms on or through the Site (e.g., through our “Contact Us” form or by e-mailing one of our attorneys using an e-mail address link on the Site); and
- Automatically as you navigate the Site.
We may automatically collect Information using technologies such as cookies. A cookie is a small file placed on the hard drive of your computer or mobile device to allow the Site to recognize you or your device, to help provide functionality, and allow us to analyze Site usage. You may choose to decline or disable cookies or similar tracking technologies through your web browser or other tools, but doing so may affect your ability to access or use certain features of the Site or certain Services.
You may be able to decline or disable cookies and similar tracking technologies we us. Please note, however, that we are not affiliated with and are therefore not responsible for, and do not endorse the content or practices, including privacy-related practices, of these third-party services.
How Do We Use Your Information?
We may use your Information:
- To present the Services to you and others, to provide you with Services or information you request, and to allow you to interact with the Services;
- To process and respond to your specific inquiries, requests, and comments, and to otherwise administer our relationship with you;
- To inform you about other products or Services we provide;
- To communicate with you about our programs and events, including information we think will be of interest to you;
- To provide you with notices about changes to the Services;
- To manage, develop, deliver, and improve the Services;
- To measure your interaction with the Site for the purpose of improving your experience, including by enabling us to estimate the Site’s audience size and usage patterns, speed up your searches, and recognize you when you return to the Site;
- To fulfill any other specific purpose for which you provide Information;
- In any other way we may describe when you provide the Information; and
- For any other purpose with your consent.
When and Why Is Your Information Disclosed?
We do not sell your Personal Information to third parties, and will not disclose it for third-party marketing purposes. We may disclose Information that we collect from you, including Personal Information:
- To contractors, service providers, and other third parties we use to support the Services and our business (e.g., third parties that help us host and operate the Site and enable your sharing of content available on the Site, and third parties that perform analytics services for the Site), and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them;
- To a successor or potential successor in the event of a proposed or actual merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets in which the Personal Information is among the assets transferred;
- To fulfill the purpose for which you provide it, but only to the extent it is necessary for that purpose;
- For any other purpose disclosed by us when you provide the Information, but only to the extent it is necessary for that purpose; and
- With your consent.
We may also disclose your Personal Information:
- To comply with any court order, applicable law, or legal process, including responding to any government or regulatory request;
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us or others.
Limitations on the Scope of This Privacy Notice
Third-Party Websites and Applications: We engage third-party service providers who may operate domains or applications accessible through the Services, such as the host of our blogs, FINDLAW (collectively, the “Third-Party Services”). Any Information collected through Third-Party Services is subject to the privacy policies of their operators, which may employ different Information collection, use, disclosure, and security procedures than we employ. We are not responsible for the content or practices, including privacy-related practices, of Third-Party Services. The links from this Privacy Notice, the Site, or Services do not imply our review or endorsement of the Third-Party Services. We suggest contacting those sites directly for information on their privacy policies.
Attorney-Client Relationship: This Privacy Notice does not apply to Personal Information we may process in connection with any attorney-client relationship that may exist between us. That Information will be handled under the terms of the contract between us (e.g., an engagement letter) and as you may otherwise consent.
Controller of Personal Information. MBA&T is the Controller of your Personal Information. MBA&T’s primary place of business is 108 E Mill Plain Blvd. Vancouver, WA 98660.
Processing. MBA&T may process your Personal Information on one or more of the following legal bases:
- as necessary to enter into a contract with you or a legal entity you represent, to perform our contractual obligations, to provide Services, to respond to requests from you, or to provide customer support;
- where we have a legitimate interest, as described in this Privacy Notice (see “How Do We Use Your Information”);
- as necessary to comply with relevant law and legal obligations, including to respond to lawful requests and orders; or
- with your consent.
Your Rights. Subject to applicable law, you may have the right to:
- ask whether we hold Personal Information about you and request copies of such Personal Information and information about how it is processed;
- request that inaccurate Personal Information is corrected;
- request deletion of Personal Information that is no longer necessary for the purposes underlying the processing, processed based on withdrawn consent, or processed in non-compliance with applicable legal requirements;
- request us to restrict the processing of Personal Information where the processing is inappropriate;
- object to the processing of Personal Information;
- request portability of Personal Information that you have provided to us (which does not include Information derived from the collected information), where the processing of such Personal Information is based on consent or a contract with you and is carried out by automated means; and
- lodge a complaint with the appropriate data protection authorities.
You can exercise your rights of access, rectification, erasure, restriction, objection, and Information portability by contacting us at the email address included at the bottom of this Privacy Notice.
When you consent to our processing your Personal Information for a specified purpose, you may withdraw your consent at any time, and we will stop any further processing of your Information for that purpose.
The categories of Personal Information that MBA&T may collect is identified above in the section titled, “What Information Do We Collect.” Information about how long MBA&T will retain your Information is identified below in the sub-section titled, “Information Retention Period,” and information about how MBA&T shares your Information is identified above in the section titled “When and Why Is Your Information Disclosed.”
Information Retention Period: Personal Information we collect will be retained for only as long as it is required (i) for the purpose for which it was collected; (ii) to be retained by law; or (iii) to address any issues that may arise at a later date. When your Personal Information is no longer required for these identified purposes, we will securely destroy, delete, or otherwise convert the Personal Information into an anonymous form. Generally, Information collected automatically using technologies such as cookies is retained for the duration of your visit to the Site but it may be retained for a longer period of time.
Transfer of Information: If you provide Personal Information through the Services, you acknowledge and agree that your Personal Information may be transferred from your current location to our offices and servers located in the United States, and that other countries have deemed the laws of the United States to have inadequate Information protection requirements. By using the Services, you consent to the processing, including storage, of your Personal Information in the United States.
Do Not Track: Some browsers incorporate a “Do Not Track” (DNT) feature that, when turned on, signals to websites and online services that you do not want to be tracked. At this time, the Site does not respond to DNT signals.
Information from Children
We do not knowingly collect Personal Information from children under the age of 13 and do not target our Services to children under 13. If you are under 13, you may not use the Services or submit any Personal Information through the Services. If you have reason to believe that a child under the age of 13 has provided their Personal Information to us, please contact us and we will delete that Information unless we have a legal obligation to retain it.
Information Security and Integrity
We take reasonable steps to protect the Personal Information provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. These steps include internal reviews of our Information collection, storage, and processing practices and security measures, and employing physical, technical, and administrative security measures to guard against unauthorized access to systems where we store Personal Information. We also restrict access to Personal Information to our employees, contractors, and agents who need to know that Information in order to operate, develop, or improve our Services. These individuals are bound by confidentiality obligations. However, no Internet or e-mail transmission is ever fully secure or error free, and you therefore assume all related risks by disclosing Personal Information to us via the Internet.
If you have any questions or concerns about this Privacy Notice or our information practices, please feel free to contact us at any time by postal mail at the following address:
Morse Busby Andrews & Terry LLP
108 E Mill Plain Blvd
Vancouver, WA 98660
All Site Content (as defined below) is current as of the date it is posted on the Site to the best of MBA&T’s knowledge.
2. No Legal Advice
The materials on the Site are for informational purposes only and not for the purpose of providing legal advice. You should not consider any information on the Site as legal advice. You should consult an attorney with respect to advice applicable to your particular situation or issue. Opinions expressed on or through the Site are the opinions of the individual author only and may not reflect the opinion of the firm, its attorneys, or its clients.
Use of the Site is not intended to create an attorney-client relationship between MBA&T and users of this Site. Please do not send us any information you regard as confidential because we do not have a duty to treat non-client information as confidential and will not do so, except as described in our Privacy Notice.
3. Privacy Notice
You must be at least 18 years of age to use the Site. If you are under 18 years of age (or the age of legal majority where you live), you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to the Site. If you use the Site on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
5. Intellectual Property
The Site and its entire contents, data, features and functionality (including but not limited to text, graphics, video, logos, button icons, databases and images) (“Site Content”) are the property of MBA&T or its licensors and are protected by copyright, trademark, and other intellectual property laws, except as indicated below.
The MBA&T name and related logos are trademarks and service marks (“Marks”) of MBA&T. MBA&T’s Marks may not be used without advance written permission of MBA&T, including in connection with any product or service that is not MBA&T’s, in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents MBA&T. Other products or company names mentioned on the Site may be trademarks or service marks of their respective owners.
If you believe that any content on the Site violates your intellectual property rights, please notify MBA&T as described in Section 17.
6. Limited License And Prohibited Uses
MBA&T grants you a personal, royalty-free, non-assignable, and non-exclusive license to access and use the Site Content in the United States only as an informative resource while using the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Site Content without prior permission of MBA&T is strictly prohibited. You may not download, print, copy, distribute, or otherwise use Site Content for commercial purposes, including publication, sale, or personal gain. You may not remove any Mark or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Site Content.
- Use the Site in any way that violates any applicable federal, state, local or international law or regulation.
- Use the Site for the purpose of exploiting, harming or attempting to exploit or harm anyone in any way.
- Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- Impersonate or attempt to impersonate MBA&T, a MBA&T employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by MBA&T, may harm MBA&T or users of the Site or expose them to liability.
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without MBA&T’s prior written consent.
- Use any device, software or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
7. Account Registration
To access portions of the Site, you may be asked to provide registration details or other Information. It is a condition of your use of the Site that all Information you provide is complete, current, and accurate. All Information you provide to register with the Site or otherwise is governed by our Privacy Notice, and you consent to all actions MBA&T takes with respect to your Information consistent with our Privacy Notice.
8. Disclaimer And Limitation of Liability
IN NO EVENT SHALL OUR AGGREGATE LIABILITY, WHETHER BY STATUTE, IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO USE OF THIS SITE EXCEED THE GREATER OF ANY COMPENSATION YOU PAY US, IF ANY, FOR ACCESS TO OR USE OF THIS SITE, OR FIFTY DOLLARS ($50.00).
9. Third Party Content
This Site includes content provided by third parties. All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of MBA&T. MBA&T is not responsible for the content or accuracy of any materials provided by any third parties.
10. Links To Other Web Sites
MBA&T may provide links to external web sites for the convenience of Site users. The inclusion of an external link on the Site does not constitute or imply support or endorsement of any kind. MBA&T does not control those web sites, is not responsible for their content or function, and is not responsible for any loss or damage that may arise from your use of them. If you decide to access the third party sites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such sites.
12. Limitation On Time To File Claims
13. Injunctive Relief
14. Waiver And Severability
15. Entire Agreement
16. Applicable Law, Binding Arbitration, and Class Action and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
Any claim subject to arbitration must be arbitrated on an individual basis and not on a class or consolidated basis. Claims of more than one user may not be arbitrated jointly or consolidated with those of any other user.
To the extent any claim is determined to not be subject to arbitration, the claim shall be tried to a court situated in Clark County, Washington on an individual basis and not on a class or consolidated basis AND ANY RIGHT TO A JURY TRIAL IS WAIVED.
17. Communications and Contact Information
Morse Busby Andrews & Terry, LLP
108 E Mill Plain Blvd
Vancouver, WA 98660
EFFECTIVE DATE: January 1, 2021