Privacy Policy

Last Updated: January 26, 2024

This privacy policy (“Privacy Policy”) sets forth the policies and practices employed by the Law Offices of Brian C. Focht (the “Focht Law Firm”) with respect to information, including personally identifiable information and data (“Personal Information”), and other information the Focht Law Firm collects from visitors to the website located at www.fochtlawfirm.com (the “Website”). The Focht Law Firm, the owner and operator of the Website, is a Sole Proprietorship operating under the laws of the State of North Carolina.

This privacy policy may, as described more fully herein, also include information or references to certain other affiliated digital properties. Those properties, The Cyber Advocate (www.thecyberadvocate.com), Resilience Cybersecurity & Data Privacy (www.resiliencecybersecurity.com), and Fearless Paranoia (www.fearlessparanoia.com) (collectively the “Affiliated Properties”) are referenced in this Privacy Policy in those limited situations in which protections or specific circumstances provided by all applicable privacy policies have broad applicability. Except where expressly provided, this Privacy Policy does not address or govern the use of those other properties and does not apply to your use of those other properties.

This Privacy Policy does not apply to information or data of any kind that we collect or obtain by means (including offline) or from sources other than specified herein.

DATA PRIVACY OFFICER AND CONTACT

If you have any further questions or comments regarding the Website or this Privacy Policy, you may contact brian@fochtlawfirm.com.

 

I. What Information Do We Collect?

 

Information You Voluntarily Submit: We collect Personal Information from you when you voluntarily provide such information, such as when you contact us, register for access to our Website or Services, sign up for alerts or our newsletter, or purchase products or services. Personal Information may include, but is not limited to:

  • User name and password;
  • Contact information when you register on our Website, such as your name, address, demographic information (such as your gender, occupation, or education), date of birth, phone number, and/or email address;
  • Contact information for other individuals when you act on their behalf or in their interest (such as when you direct us to send a gift on your behalf);
  • In some cases: country of birth, nationality, employment status, family status, interests, and preferences.
  • Your social media accounts/profiles if you contact us through a social media site;
  • Any information you provide in communications with us, such as via social media, e-mail or our customer call center;
  • Other data we are required or entitled by applicable law to collect and process for the purpose of authentication or identification, or for the verification of data we collect

If you submit any Personal Information relating to other people in connection with any the Focht Law Firm Online Properties, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

Information Collected Automatically: When you interact with the Website, we automatically collect the following information about you:

  • Device Information. We collect device-specific information such as operating system version, your device make and model and name of the mobile network that you are using. Our system logs may record certain information about your visits to our Websites, including the web request, Internet Protocol (“IP”) address, device and mobile ad identifiers, browser information, and other such information; we may collect similar information from emails you receive from us that can help us track which emails are opened and which links are clicked by recipients. If you utilize your login information while utilizing a Virtual Private Network connection, we may collect that information as well.
  • Location information. Depending on your device permissions, when you access the Website or use our Services, we automatically collect and process information about your actual location. We use various technologies to determine location, including IP address, GPS, Wi-Fi access points and mobile towers.
  • Client and Log data. Technical details, including the Internet Protocol (IP) address of your device, time zone and operating system. We will also store your login information (registration date, date of last password change, date of last successful login), type and version of your browser.
  • Usage Information. We collect information about your activity on our Website which includes a date and time stamp of each visit, banners or content that you clicked, your interactions, clickstream information, duration of your visit and the order in which you visit the content on our Platform. Based on your interactions and usage of the Website, additional information that is generated as part of such usage, such as transaction information, time and location of transactions, which we may collect as well. We also collect information from any media uploaded or transmitted through our Website or Services, including any embedded metadata and geotagging information.
  • Cookies. If you access our Website through a web browser, we use cookies to manage our users’ sessions, to store your preferences and language selection, and to deliver you relevant advertisements. “Cookies” are small text files transferred by a web server to the hard drive of your device, and may be used to collect the date and time of your visit, your browsing history, your preferences, and your username. You can set your browser to refuse all or some cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our Website or Services may become inaccessible or not function properly.

Most web browsers are set to accept cookies by default. You can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Platforms. Please note that not all tracking will stop even if you delete cookies.

Information Collected from Other Sources: We may receive information from third parties such as advertising and marketing partners, public databases, and social media platforms, to supplement the information we receive from our Website visitors. If we do so, this Privacy Policy governs how we can use that information, whether such use is independent of or in combination with information you have provided.

Sensitive Personal Information: Unless you choose to provide it, we do not collect sensitive personal information from you while using the Website. If you elect to submit such information to us, it will be subject to this Privacy Policy.

 

II. How Do We Use Your Personal Information?

 

The Focht Law Firm may use Personal Information as permitted by law, for the following business purposes:

  • To operate and maintain the Website;
  • To identify you as a user of the Website, and customize the Website to your use;
  • To improve your experience on our Website and with our Services by providing a personalized experience;
  • To send you promotional information, such as newsletters and advertisements, including information and advertisements from our affiliates and on behalf of our promotional and strategic partners;
  • To send you administrative communications, such as confirmation e-mails, technical notices, policy updates, or security alerts;
  • To respond to your comments or inquiries and fulfill your requests;
  • To provide you with user support;
  • To track and measure Website performance;
  • To protect, investigate, and deter against unauthorized or illegal activity;
  • To review the effectiveness of our Website marketing and analyze other general demographic trends;
  • To enforce the legal terms that govern our business and commercial relationships; and
  • To perform quality control of our Website and Services through analytics and market research, and to otherwise determine the effectiveness, and improve the quality, of our Website and Services.

We may also use Personal Information as we believe to be necessary or appropriate for certain essential purposes, including:

  • To comply with law and legal process and protect rights, safety and property;
  • To detect, prevent, or investigate security incidents, breaches, or fraud;
  • To enforce our Terms of Use or any other applicable terms or policies or,
  • For other purposes requested or permitted by our users or other relevant individuals, such as website visitors.

Some jurisdictions require that companies tell you about the legal grounds that allow your data to be used or disclosed. Below are the types of lawful bases that we will rely on to process your Personal Information:

  • Legitimate Interest – the interest of conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We balance the potential impact on you (both positive and negative) and your rights, and if the impact on your rights outweighs our legitimate business interests, we do not use or disclose your Personal Information without your consent or are otherwise required or permitted to by law. You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at brian@fochtlawfirm.com.
  • Performance of Contract – processing your Personal Information where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
  • Comply with a legal or regulatory obligation – processing your Personal Information where it is necessary for compliance with a legal or regulatory obligation.
  • Consent – you have given express consent to a certain use of your Personal Information.
 

Disclosure of Personal Information

 

To the extent permitted by law, all your Personal Information may be disclosed with the following categories of third parties:

  • Parent Companies and Affiliates – for business-related functions, Personal Information may be shared with a parent company, any subsidiaries, or other companies under a common control (collectively, our “Affiliates”), but only to the extent such information is provided an equal or greater level of protection as provided by this Privacy Policy;

  • Business Transfers – in the event we sell or transfer all or a portion of our business assets, Personal Information may be included in a transfer of assets. We will make every effort to ensure that any Personal Information that is transferred is provided a level of protection equal or greater than is provided by this Privacy Policy, but in the event of such a transfer, you are encouraged to contact the recipient with any inquiries concerning their applicable privacy practices.

  • Agents, Consultants and Related Third Parties - for business-related functions (such as mailings, database maintenance, and payment processing) but only to the extent such information is needed to perform their designated function.

  • When Legally Required - to law enforcement authorities, regulators, courts, and tribunals, governmental or public bodies, and other relevant third parties as we believe necessary or appropriate to protect people or property, to protect our services, rights or property, to comply with legal or regulatory requirements and to respond to legal process, law enforcement requests and requests from other public and government authorities.

  • Third Party Vendors – to service providers who provide products and services related to the operation and maintenance of the Website and/or the performance of certain Services (each Third Party Vendor’s use of your Personal Information is dictated by their respective privacy policy), including the following Third Party Vendor service providers:

    • Tracking - In order to improve the Website and Services, we will sometimes share your [non-identifiable/anonymized] information with analytics providers that help us analyze how people are using our Services. For example, we use common industry-wide analytics software to understand how people use our app so we can improve the Services and increase engagement. We use the following third-party service providers for tracking:

        • Google Analytics Opt-Out. To provide website visitors the ability to prevent their data from being used by Google Analytics, Google has developed the Google Analytics opt-out browser add-on for the Google Analytics JavaScript (ga.js, analytics.js, dc.js). If you want to opt-out, download and install the add-on for your web browser. The Google Analytics opt-out add-on is designed to be compatible with Chrome, Internet Explorer 11, Safari, Firefox and Opera. In order to function, the opt-out add-on must be able to load and execute properly on your browser. For Internet Explorer, 3rd-party cookies must be enabled. Learn more about the opt-out and how to properly install the browser add-on here.

    • Remarketingthe Focht Law Firm uses remarketing tracking cookies and conversion pixels from vendors such as Google and Facebook to present special offers to you for our products and services over the Google Content Network and via various social media networks. This means that you may see an ad for one of our products or services after having visited our Website. The Focht Law Firm also uses custom audiences based on subscriber email addresses and phone numbers, allowing us to present special offers via Facebook and Google. Your Personal Information is only used by remarketers for the purposes described in this section. We use the following third-party service providers for remarketing:

      • Facebook (opt out of Facebook remarketing here)

      • Google (opt out of Google remarketing here)  
    • Social Sharing Buttons – the Focht Law Firm uses Share Buttons by AddThis, an Oracle product, as its vendor for social sharing buttons on the Website. Through AddThis, we collect information related to your use of the social sharing buttons to share our content with others, via social media platforms, messaging systems, email, or otherwise. Additionally, Oracle collects certain data, as more fully detailed in their privacy policy.

      • Opt-out information here

    • Contact Forms – the Focht Law Firm uses Gravity Forms as its contact form vendor. Through Gravity Forms, we collect information related to any comments or communications you leave for us. Additionally, Gravity Forms collects certain data, as more fully detailed in their privacy policy.

    • Email Marketing/Newsletters – the Focht Law Firm and the Affiliated Properties use MailChimp as their email marketing vendor. Through MailChimp we collect information related to the subscription for and delivery of information via email, including tracking the actions you take that assist us in measuring the performance of our Email Marketing. You may access MailChimp’s privacy policy here. Upon subscription, MailChimp tracks the pages you visit on the Website and, if you become a subscriber, information about your transaction is provided to MailChimp. Our emails contain tracking pixels, allowing us to analyze the success of our email campaigns. These tracking pixels allow us to see if and when you opened an email, which links you click in the email, and which pages of the Website you visit. This information is not provided to third parties. Email marketing by the Focht Law Firm and the Affiliated Properties relies on email subscriptions. Our email subscription opt-in vendors are Bloom and OptinMonster. Through Bloom and OptinMonster, we collect information voluntarily submitted by users who wish to subscribe to email delivery of updates, blog posts, podcast episodes, and more, which is collected by our email marketing vendor, MailChimp. You may access the privacy policies for Bloom here and for OptinMonster here.

    • eCommerce – the Focht Law Firm and Affiliated Properties uses the following vendors to process ecommerce transactions:

      • PayPal – for payment transactions. PayPal collects personal information such as your name, e-mail address, address, and payment information. You may access PayPal’s Privacy Policy here.

      • Stripe – for payment transactions. Stripe collects personal information such as your name, e-mail address, zip code, and payment information. You may access Stripe’s Privacy Policy here.

At no time is your banking information passed to the Website from the Third-Party Vendor. We receive only information necessary for order fulfillment.

  • Other Third Parties - to whom you ask us to send your information.

  • Other

    • Webinars – We host webinars through certain webinar vendors, who are fully disclosed at the point of registration. If you elect to participate, you will be required to submit Personal Information to register and log in. You may also receive emails containing reminders and playback availability. All information you submit is stored by the vendor hosting the webinar and is subject to their respective privacy policies.

    • Online Contact and Support – We offer multiple ways for you to contact the Focht Law Firm including contact forms, emails, and third-party answering services. If you choose to contact us through a contact form, the information you provide will be stored by the vendor providing the service you use for such contact, and pursuant to that company’s privacy policy. We use the vendors listed below for the respective contact service:

      • Website Contact Form – Gravity Forms

      • Email Service Provider – GoDaddy/Microsoft 365

  • Advertisers – the Focht Law Firm and Affiliated Properties partners with demand-side platforms who buy our ad placements through services such as Google AdWords. We share your information with those vendors in a de-identified/anonymized and aggregated form for monitoring and reporting the effectiveness of the campaign delivery to our business partners and for internal business analysis.
 

Disclosure of Other Information

 

In addition to collecting Personal Information, we may collect information that does not identify you and is not associated with your Personal Information.  We may also de-identify information so it no longer identifies you.

Analysis of Website Performance:  The Website may use such information and pool it with other information to track, for example, the total number of visitors to our Website, the number of visitors to each page of our Website, and the domain names of our visitors’ Internet service providers. It is important to note that no Personal Information is available or used in this process.

Customer Research:  In order to better serve and understand the needs of our Website’s users, we may conduct research on its customer demographics, interests and behavior based on the Personal Information and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and we may share this aggregate data with our affiliates, agents and business partners. This aggregate information does not identify you personally. the Focht Law Firm may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

 
Publicly Available Information
 

When you use certain Website services, the information you share is visible to other users, depending on the specific service. This includes any information you post or chat, such as your name, your email address, your location and your contact number. Please note, any information you provide to other users can always be shared by them with others so please exercise discretion in this respect.

 
CCPA Personal Information Use Disclosure
 

The California Consumer Privacy Act of 2019 (“CCPA”) requires that we disclose certain categories of Personal Information that we collect, the sources of that Personal Information, the purpose of collecting such information and the categories of third parties with whom we share that information. The chart below summarizes the CCPA disclosure requirements and where you can find this information in this privacy policy:

 
Personal Information Category Sources of Personal Information (Section 3) Purpose of Collecting Information (Section 4) Categories of third parties we share information with (Section 5)
A) Identifiers reasonably capable of being associated with a person or household (such as online identifier, email address) Information you Provide Us; Information we collect from you automatically when you use the Website. Providing access to and delivering the Service; Improving your experience on the Platform; Providing you a safe and secure platform Third Party Vendors and Service Providers; Advertisers; Analytics Providers; Law Enforcement Authorities
B) Personal information categories listed in the California Customer records statute (Cal. Civ. Code Section 1798.80(e)) such as name and telephone number Information you Provide Us Providing access to and delivering the Service; Improving user experience Platform; Providing you a safe and secure platform Third Party Vendors and Service Providers; Law Enforcement Authorities
C) Protected classifications under CA and federal law, including gender, age and citizenship Not Collected Not Collected Not Applicable
D) Commercial Information, including products or services purchased, obtained or considered, or purchasing or consuming histories or tendencies Information we collect from you automatically when you use the Registry Services Providing access to and delivering the Registry Services; Improving your experience on the Website; Providing you a safe and secure platform Third Party Vendors and Service Providers; Analytics Providers; Law Enforcement Authorities
E) Biometric Information Not Collected Not Collected Not Applicable
F) Internet or network activity and usage information Information we collect from you automatically when you use the Website Providing access to and delivering the Registry Services; Improving your experience on the Website Third Party Vendors and Service Providers; Analytics Providers; Law Enforcement Authorities
G) Geolocation Data Information we collect from you automatically when you use the Website Providing access to and delivering the Registry Services; Improving your experience on the Website Third Party Vendors and Service Providers, Advertisers; Analytics Providers; Law Enforcement Authorities
H) Audio, electronic, visual, thermal, olfactory, or similar information Not Collected Not Collected Not Applicable
I) Professional or employment-related information Not Collected Not Collected Not Applicable
J) Education Information Not Collected Not Collected Not Applicable
K) Inferences about preferences, characteristics, trends, predispositions Information you provide us; Information we collect from you automatically when you use the Website Providing access to and delivering the Registry Services; Improving your experience on the Website Third Party Vendors and Service Providers; Advertisers; Analytics Providers; Law Enforcement Authorities
 

III. Your Rights Related to Your Personal Information

 

Under certain laws, customers and other visitors to the Website have a right to access Personal Information about themselves, and to amend, correct or delete Personal Information that is inaccurate, incomplete or outdated.

Right to Obtain Confirmation of Possession of Information

We will, upon request, provide you with confirmation regarding whether we are processing Personal Information about you, consistent with applicable law.

Further, you may request a copy of the following:  (1) The categories of Personal Information we collected about you; (2) The categories of sources from which the Personal Information is collected; (3) The business or commercial purpose for collecting or selling (if applicable) the Personal Information; (4) The categories of third parties with whom we share Personal Information; and (5) The specific pieces of Personal Information we have collected about you.

Modification or Deletion of Stored Personal Information

  1. Circumstances When Allowed

You have the right to request that we delete or correct Personal Information that we have collected from you, subject to certain exceptions. You can request to update or delete your Personal Information by completing a verifiable customer request (see Exercising Access and Deletion Rights below). Upon receipt and confirmation of your request, we will take reasonable steps to correct, amend, or delete your Personal Information that is found to be inaccurate, incomplete or processed in a manner non-compliant with this Privacy Policy or applicable law.

  1. Exclusions and Exceptions

Under certain circumstances, as allowed by law, we may delay or deny your request. the Focht Law Firm reserves the right to retain portions of your Personal Information for a limited time, as permitted by law.

  1. Fees Associated with Deletion or Change Requests

Unless prohibited by applicable law, we reserve the right to charge a reasonable fee to cover costs for providing copies of Personal Information that you request.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, manifestly unfounded, or otherwise creates a burden or workload in excess of standard requests. If we determine that a fee is warranted by the request, we will inform you of the determination and provide both a written justification for the fee, as well as a cost estimate, prior to completing your request.

If you are a client of our law firm, we will seek to comply with any verifiable request for deletion. However, pursuant to our obligations under the North Carolina, Minnesota, and New York ethical rules governing lawyers practicing in these states, we are obligated to retain sufficient information on parties we have represented or opposed, in order to assess whether new matters brought to the firm would cause a conflict of interest. We will only retain such Personal Information to the extent necessary to perform conflict of interest checks.

  1. Time for Changes to Take Effect

We will aim to complete requests as soon as reasonably practicable and consistent with any applicable laws. Requests made on behalf of another, and thus requiring confirmation of the authority of the agent and the authenticity of the requestor, will likely take more time to complete.

Although our active systems and databases will reflect updates that have been requested and processed, we may retain all Personal Information for backups, archiving, prevention of fraud and abuse, analytics, and satisfaction of other legal obligations we reasonably believe applicable.

  1. Disclosure to Third Parties; Disclaimer re Unchanged Information

You authorize us to use and disclose any new or modified information that you provide, consistent with the provisions of this Privacy Policy, and you agree that the Focht Law Firm is under no obligation to delete or modify your Personal Information that is not subject to your request to correct, amend, or delete. Please remember, however, that for all Personal Information disclosed to third parties prior to the correction, amendment, or deletion becoming effective, we cannot access that Personal Information any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures.

  1. Exercising Access and Deletion Rights

You may notify the Focht Law Firm of a request concerning any aspect of this Privacy Policy in the following ways:

Opt-out: You may opt-out of future e-mail communications by following the unsubscribe links in our e-mails. You may also notify us at brian@fochtlawfirm.com to be removed from our mailing list.

Access: You may access the personal information we have about you by submitting a request to brian@fochtlawfirm.com.

Amend: You may contact us at brian@fochtlawfirm.com to amend or update your personal information.

Forget: In certain situations, you may request that we erase or forget your Personal Information. To do so, please submit a request to brian@fochtlawfirm.com.

We may retain your Personal Information to comply with laws, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce our contracts, and/or take other actions as permitted by law.

 

California Residents:

The sections below apply to “personal information” about California residents, as that term is defined in the CCPA, and they supplement the information in the rest of our Privacy Policy above.

California Privacy Rights

This section describes rights under California law, but applies to all users of the Website, to the extent practicable and legally permissible. California law may permit you to request that we:

  • Provide you with a list of the categories of Personal Information we have collected or disclosed about you in the last twelve (12) months; the source category of such information; the business or commercial purpose for collecting or selling the information; and the categories of third parties to whom we disclosed the information;

  • Provide access to and/or a copy of the Personal Information we have collected about you.

  • Delete certain information we have collected about you.

Certain information is exempt from such requests under applicable law. You also may have the right to receive information about the financial incentives that we offer to you (if any). You also have certain rights under the CCPA not to be subject to certain negative consequences for exercising CCPA rights.

 

IV.Changes to this Privacy Policy

 

We may periodically update this Privacy Policy.  Please reference the “LAST UPDATED” legend at the top of this page to see when this Privacy Policy was last revised.  Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Website or other the Focht Law Firm Online Properties.

 

V. Age Restrictions

 

The Focht Law Firm does not knowingly collect any Personal Information from children under the age of 13. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information on this (or any) Website without parental permission. If a parent or guardian believes that the Focht Law Firm has Personal Information of a child under the age of 13 in its database, please contact us immediately at brian@fochtlawfirm.com and we will use our best efforts to promptly remove such information from our records [and unsubscribe them from any marketing lists].

 

VI.Third Party Privacy Practices

 

Our Website may contain links to third party websites or apps. If you click on one of these links, please note that each one will have its own privacy policy. We do not control these websites/apps and are not responsible for those policies. When you leave the Website, we encourage you to read the privacy policy of every website you visit. To the extent the Terms of Use, Disclaimers, Privacy Policies, or other terms found on any Affiliated Websites differ from this Privacy Policy, the Affiliated Website’s terms will apply to the use of the respective Affiliate Website.

We are not responsible for the privacy and data security practices of other organizations, such as Facebook, Instagram, Apple, Google, Microsoft, Twitter or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer. Please read their privacy policies and consider customized settings on your browser or through your mobile phone to limit disclosure of certain information, such as location data.

Any Personal Information that you provide through these third-party websites, mobile applications, or social platforms will be subject to the privacy policy of the its operator, and not this Privacy Policy.

 

VII. Do Not Track Signals

 

We do not monitor or follow “Do Not Track” (DNT) signals because there is no standard interpretation or practice for DNT signals. Therefore, we handle all user information consistent with this Privacy Policy.

 

VIII. Miscellaneous Terms and Conditions

 

Other Terms and Policies

This Privacy Policy is to be read in conjunction with this Website’s Terms of Use, Disclaimer, and Cookie Policy. Your access to and use of the Website may also be subject to any separate agreements or terms and conditions you have signed or agreed to with the Focht Law Firm. Please refer to those agreements as needed.

 

Reservation of Rights

Regardless of any other provision in this Privacy Policy, we reserve the right to disclose any personally identifiable or non-personally identifiable information about you to: (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our Website, or other users; or (d) protect, in an emergency, the health and safety of our customers or the general public. This includes exchanging information with third parties and organizations in connection with credit risk reduction and fraud protection.

 

Security of Personal Information

We use standard physical, technical and administrative measures designed to reduce the risk of loss, misuse, unauthorized access, disclosure, or modification of your Personal Information. Unfortunately, no system or network can be guaranteed to be 100% secure.  If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us at brian@fochtlawfirm.com.

We will retain your Personal Information only for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted for legal, auditing, or compliance purposes.