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Legal

This page includes relevant disclaimers, Terms of Service, Privacy Policy, Cookie Policy, and Statements of Client's Rights and Responsibilities.

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Attorney Advertising

Effective: March 11, 2021 | Last updated: March 11, 2021

While not intended, certain portions of this website, email, or social media communication may be deemed an advertisement in certain jurisdictions. This website, email, or social media communication is not intended to be a solicitation. Further, this website, email, or social media communication is not intended to serve as a source of legal advice or legal opinion for any purpose, and the availability, receipt, or use of the information contained on this website, email, or social media communication does not establish an attorney-client relationship. For purposes of compliance with Rules of Professional Conduct, Mertzlufft Law PLLC’s office is located at 4275 Arthur Ct., Hamburg, NY, 14075 (all mail, packages, and deliveries to 5501 Camp Rd. #242, Hamburg, NY, 14075), phone number: +1 (716) 202-0495, and general email address: info@mertzlufft.law.

Attorney Advertising. Prior Results do not guarantee a similar outcome.

Terms of Service

Effective: March 11, 2021 | Last updated: October 12, 2021

These Terms of Service govern your use of the website located at mertzlufft.law and any associated services, including marketing emails and social media communications (e.g., profiles and posts), provided by Mertzlufft Law PLLC.

By accessing this website, corresponding with us after accessing this website, or receiving this email or social media communication, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other associated services provided by Mertzlufft Law PLLC.

We, Mertzlufft Law PLLC, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

Nature of Materials and Information

Mertzlufft Law PLLC's website, emails, and social media communications contain general materials and information about Mertzlufft Law PLLC and have been prepared for a general business audience and for general informational purposes only. You agree that Mertzlufft Law PLLC's website, emails, and social media communications do not, are not intended, and should not be construed as or serve as a source of legal advice or legal opinion for any purpose, and that the contents of Mertzlufft Law PLLC's website, emails, and social media communications do not substitute the advice of a qualified attorney, nor do the contents of Mertzlufft Law PLLC's website, emails, or social media communications necessarily reflect the opinions of Mertzlufft Law PLLC, its member(s), employees, or clients. Mertzlufft Law PLLC expressly disclaims liability for any consequence relating directly or indirectly to any action or inaction (including refraining from action) you take based in whole or in part on the material or information contained in Mertzlufft Law PLLC's websites, emails, or social media communications. Every case is unique, and no one should act or not act (or refrain from acting) based on material or information presented in Mertzlufft Law PLLC's website, emails, or social media communications without consulting a competent attorney in the appropriate jurisdiction.

No Attorney-Client Relationship Established

Neither the receipt or use of contents of this website, email, or social media communication from Mertzlufft Law PLLC absent express mutual agreement, nor any other communication sent to Mertzlufft Law PLLC or any member or employee thereof through this website or by other means, creates, constitutes, or establishes an attorney-client relationship between you and Mertzlufft Law PLLC or any member or employee thereof, or prevent Mertzlufft Law PLLC from representing another party to the matter or in a related or unrelated matter. An attorney-client relationship is established by express mutual agreement to create such a relationship. We reserve the right to decline any representation, and such declination may be required as a result of an actual or potential conflict-of-interest.

Confidential Information and Internet Communications

Do not send or attempt to send Mertzlufft Law PLLC or any member or employee thereof any confidential information without authorization to do so from Mertzlufft Law PLLC.

By using this website or receiving this email or social media communication, you agree that internet communications are inherently insecure and, as such, any information you provide to Mertzlufft Law PLLC, via this website, email, social media, or otherwise, is not considered confidential absent an express mutual agreement to do so.

Further, you agree that no such unauthorized email or other electronic communication will be treated as confidential.

Submissions via the Website

By clicking the checkbox accepting these Terms, you acknowledge online communications are inherently insecure and use of any submission form does not establish an attorney-client relationship or any other duty or obligation for Mertzlufft Law absent written acceptance of an engagement agreement by Mertzlufft Law.

Additional terms for Engagement Agreements Signed via the Website

By clicking the checkbox accepting these Terms, you acknowledge online communications are inherently insecure and use of any such submission form does not establish an attorney-client relationship or any other duty or obligation for Mertzlufft Law absent written acceptance of an engagement agreement by Mertzlufft Law. Further, by clicking the checkbox accepting these Terms, you agree to the use of electronic records and signatures, and you agree such signatures will be as valid as handwritten signatures and considered originals to the extent allowed by applicable law. Further, by clicking the checkbox accepting these Terms, you represent and warrant you have been duly authorized by the client to bind the client to the terms of the engagement agreement and be included on all communications as the client’s authorized representative.

Limitations of Use

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

  1. access this website if you are under the age of eighteen;
  2. modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
  3. remove any copyright or other proprietary notations from any materials and software on this website;
  4. transfer the materials to another person or “mirror” the materials on any other server;
  5. violate, attempt to violate, or knowingly assist or facilitate a violation of the security or integrity of this website;
  6. knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Mertzlufft Law PLLC provides;
  7. use this website or its associated services to transmit or publish any defamatory, harassing, indecent, obscene, fraudulent, or unlawful material;
  8. use this website or its associated services in violation of any applicable laws or regulations;
  9. use this website in conjunction with sending unauthorized advertising, spam, or unsolicited electronic mail;
  10. harvest, collect, or gather user data without the user’s consent; or
  11. use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of Mertzlufft Law PLLC, any member or employee thereof, or any third party.

Intellectual Property

The intellectual property in the materials contained in this website are owned by or licensed to Mertzlufft Law PLLC and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and this license may be terminated by Mertzlufft Law PLLC at any time.

Authorized Jurisdictions

Each attorney of Mertzlufft Law PLLC is only permitted to practice law in those jurisdictions set forth in that attorney’s biography on this website. No attorney is certified as an “expert” or “specialist” under any authority in the United States governing the practice of law, provided that an attorney admitted to practice before the United States Patent and Trademark Office may be referred to as a “Patent Attorney” or substantially similar designation.

Social Media

Mertzlufft Law PLLC reserves the right to moderate, respond to, clarify, supplement, remove, or request removal of any commentary by any party which is connected to any of its social media channels for any reason.

Pricing and Quotations

Mertzlufft Law PLLC may provide information related to pricing or quotations on this website or associated services. Such pricing or quotations are provided for information purposes only, and do not in any way constitute an offer or a binding quote or estimate. Engagements with Mertzlufft Law and binding fee arrangements are set forth in engagement agreements between Mertzlufft Law and individual clients, only. Such advertised pricing and quotations are for services including only those services that are, in our judgment with respect to each individual case, necessary for providing the service to which they refer.

Liability

Our website, the materials on our website, and any associated services are provided on an 'as is' basis. To the extent permitted by law, Mertzlufft Law PLLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall Mertzlufft Law PLLC or its vendors be liable for any loss, including consequential losses, or injury, or any damages, whether direct, special, indirect, punitive, incidental, exemplary, consequential, or otherwise, whether based on breach of contract, tort (including negligence), indemnity, product liability, or otherwise suffered or incurred by you or any third party arising from the access, use, or inability to use this website, or the materials on this website, any associated services, or any action or inaction (including refraining from action) by you or any third party based in whole or in part on this website or associated services, the materials thereon or the information presented (whether written, oral, or other form) at any event, or related to any real or perceived inaccuracy or incompleteness of the materials on this website or associated services, or if such materials are outdated, even if Mertzlufft Law PLLC or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Some jurisdictions may restrict this limitation of liability. In such jurisdictions, this limitation of liability will be construed to provide the greatest permissible limitation of liability in keeping with the intent of the limitation of liability as written and these Terms of Service.

Indemnification

You agree that you will not use this website or associated services for any unlawful purpose, or for any purpose prohibited by these Terms of Service. You agree to indemnify, defend and hold harmless Mertzlufft Law PLLC, its member(s), employee(s), affiliates, and contributors from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to (i) your violation of these Terms of Service, and/or (ii) your posting of, use of, or reliance on materials on this website or associated services.

Accuracy of Materials

The materials appearing on our website are not comprehensive and are for general information purposes only. Mertzlufft Law PLLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources or associated services linked to this website.

Links

Mertzlufft Law PLLC has not reviewed all of the sites linked to its website or associated services and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Mertzlufft Law PLLC of the linked site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability and safety of those sites.

Assignments

Mertzlufft Law PLLC, at its sole discretion, may assign, transfer, and subcontract its rights and/or obligations under these Terms of Service without any notification to you or any other party. However, you are not permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms of Service.

Right to Terminate

We may suspend or terminate your right to use our website and terminate these Terms of Service immediately, with or without written notice to you for any breach of these Terms of Service.

Non-Waiver

Mertzlufft Law PLLC’s actual or perceived failure to insist upon strict enforcement of any provision of these Terms of Service shall not be construed as a waiver of any provision or right.

Severability

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed only to the extent that it is void or unenforceable. Upon such determination that such term is wholly or partially void or unenforceable, the parties shall agree to a modified term that effects the original intent of the partially void or unenforceable term and these Terms of Service. The validity of the remainder of these Terms of Service is not affected.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of New York, United States, without giving effect to conflict-of-law principles, and you irrevocably submit to the exclusive jurisdiction of the state and federal courts in the County of Erie, New York for the resolution of any disputes. You agree that, at Mertzlufft Law PLLC’s sole discretion, any dispute between you and Mertzlufft Law PLLC regarding the content or use of this website may be submitted to arbitration, with hearings held in English, under the Commercial Rules of the American Arbitration Association in the County of Erie, New York, United States and, absent express consent from Mertzlufft Law PLLC, shall not be joined with any other dispute to which Mertzlufft Law PLLC may be a party.

Privacy Policy

Effective: March 3, 2021 | Last updated: March 13, 2021

Your privacy is important to us. It is Mertzlufft Law PLLC's policy to respect your privacy and comply with any applicable law and regulation regarding any personal information we may collect about you, including across our website, mertzlufft.law, and other websites or associated services we own and operate.

Personal information is any information about you which can be used to identify you. This includes information about you as a person (such as name, address, and date of birth), your devices, payment details, and even information about how you use a website or online service.

In the event our website contains links to third-party websites and services, please be aware that those websites and services have their own privacy policies. After following a link to any third-party content, you should read their posted privacy policy information about how they collect and use personal information. This Privacy Policy does not apply to any of your internet activities on or in connection with another website.

Client’s Confidential and Privileged Information

Notwithstanding any conflicting provision of this Privacy Policy, if you are a client of Mertzlufft Law PLLC, communications between you and us, including via our website, may be treated as confidential and/or legally privileged where applicable, including as attorney work product or otherwise confidentially under applicable law and rules of professional responsibility. Nothing in this Privacy Policy is intended to affect such protections for clients. If you are not a client of Mertzlufft Law PLLC, your communications with us are not eligible for such protections except for certain limited special circumstances.

Information We Collect

Information we collect falls into one of two categories: “voluntarily provided” information and “automatically collected” information.

“Voluntarily provided” information refers to any information you knowingly and actively provide us when using or participating in any of our services.

“Automatically collected” information refers to any information automatically sent by your devices in the course of accessing our services.

Log Data

When you visit our website, our servers may automatically log the standard data provided by your web browser. It may include your device’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details about your visit.

Additionally, if you encounter certain errors while using the website, we may automatically collect data about the error and the circumstances surrounding its occurrence. This data may include technical details about your device, what you were trying to do when the error happened, and other technical information relating to the problem. You may or may not receive notice of such errors, even in the moment they occur, that they have occurred, or what the nature of the error is.

Please be aware that while this information may not be personally identifying by itself, it may be possible to combine it with other data to personally identify individual persons.

Device Data

When you visit our website or interact with our services, we may automatically collect data about your device, such as:

  • Device Type
  • Operating System
  • Unique device identifiers
  • Device settings
  • Geo-location data

Data we collect can depend on the individual settings of your device and software. We recommend checking the policies of your device manufacturer or software provider to learn what information they make available to us.

Personal Information

We may ask for or otherwise receive personal information — for example, when you subscribe to our newsletter, when you request an appointment, during the course of providing or contemplating providing legal services, if you apply for employment, or when you otherwise contact us — which may include one or more of the following:

  • Name;
  • Email;
  • Title;
  • Social media profiles;
  • Date of birth;
  • Phone/mobile number;
  • Home/mailing address;
  • Employer Information;
  • Business/Company Information;
  • Any content you provide; or
  • Date and Time of communication.
Sensitive Information

“Sensitive information” or “special categories of data” is a subset of personal information that is given a higher level of protection. Examples of sensitive information include information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation, sexual practices or sex life, criminal records, health information, or biometric information.

We may collect sensitive information about you during the course of our legal representation or contemplated legal representation of you in a matter if relevant to the legal representation or matter.

We will not collect sensitive information about you without first obtaining your consent, and we will only use or disclose your sensitive information as permitted, required, or authorized by law.

Information Relevant to Representation and Conducting Business

In the context of conflict-checking and client intake procedures, during the course of business, or during the course of providing legal services, we may collect personal information from third parties including your company, employer, our third-party service providers, affiliates, counterparties, regulators or other government entities, or others.

Legitimate Reasons for Processing Your Personal Information

We only collect and use your personal information when we have a legitimate reason for doing so. In which instance, we only collect personal information that is reasonably necessary to provide our services to you.

Collection and Use of Information

We may collect personal information from you when you do any of the following:

  • If you, your organization, or a party you represent becomes or contemplates becoming a client (e.g., when you provide necessary information for conflict checking);
  • If you are a client, during the course of our attorney-client relationship;
  • Sign up to receive updates from us via email or connect with us on or otherwise subscribe to our social media channels;
  • Sign up for or attend a meeting or, presentation, or other event hosted by us or someone else;
  • Are involved in one or more matters of one of our clients;
  • Use a mobile device or web browser to access our content;
  • Contact us or receive a communication from us via email, social media, or on any similar technologies;
  • Mention or tag us on social media; or
  • Communicate with us, whether initiated by you, us, or someone else.

We may collect, hold, use, and disclose information for the following purposes, and personal information will not be further processed in a manner that is incompatible with these purposes:

  • To enable us to provide legal services, form legal opinions, or conduct legal analyses;
  • To perform conflict checks and evaluate a current or contemplated representation;
  • To process payments;
  • To contact and communicate with you, including providing support and responding to your questions;
  • For analytics, market research, and business development, including to operate and improve our website, associated applications, and associated social media platforms;
  • For advertising and marketing, including to send you promotional information about our services and information about third parties that we consider may be of interest to you;
  • To consider your employment application;
  • To fulfil purposes for which you, an individual or entity acting on your behalf, or an individual or entity with whom or which Mertzlufft Law PLLC has a relationship, provided personal information;
  • For internal record keeping and administrative purposes;
  • To comply with our legal obligations and resolve any disputes that we may have;
  • For security and fraud prevention, and to ensure that our websites and apps are safe, secure, and used in line with our terms of use;
  • To comply with any other applicable law or legal obligation; or
  • For any other purpose permitted by applicable law.

We may combine voluntarily provided and automatically collected personal information with general information or research data we receive from other trusted sources. For example, our marketing and market research activities may uncover data and insights, which we may combine with information about how visitors use our website to improve our website and your experience on it.

Security of Your Personal Information

When we collect and process personal information, and while we retain this information, we will protect it within reasonably commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use, or modification.

Although we will do our best to protect the personal information you provide to us, we advise that no method of electronic transmission or storage is 100% secure, and no one can guarantee absolute data security.

You are responsible for ensuring you do not purposely or accidentally make your personal information publicly accessible via our platform when not wanted (e.g., we do not recommend entering information in an online form that you desire to maintain in confidentiality).

How Long We Keep Your Personal Information

We keep your personal information only for as long as we need to. This time period may depend on what we are using your information for, in accordance with this Privacy Policy. For example, if you have provided us with personal information such as an email address when contacting us about a specific enquiry, we may retain this information for the duration of your enquiry remaining open as well as for our own records, for example, so we may effectively address similar enquiries in future. If your personal information is no longer required, we will delete it or make it anonymous by removing all details that identify you.

However, if necessary, we may retain your personal information for our compliance with a legal, accounting, or reporting obligation or for archiving purposes in the public interest, scientific, or historical research purposes or statistical purposes.

Social Media

We also maintain presences on various social media platforms, for example, LinkedIn, Twitter, and Facebook. We cannot control the actions, policies, or administrators, or users of any social media platform, and each has its own policies governing your access to and use of such social media platform. There is no expectation of privacy for any information or other communications you provide to us via social media platforms, and you do so at your own risk. Any links between our website and a social media platform may collect information including your IP address, the URL of the page containing the link, and may set a cookie.

Children’s Privacy

We do not aim any of our services directly at children under the age of 13, and we do not knowingly collect personal information about children under 13.

Disclosure of Personal Information to Third Parties

We do not sell any personal information to third parties. We may disclose personal information to:

  • To courts, tribunals, government entities or agencies, regulatory authorities, law enforcement officers, another party to a matter, and counsel for another party to a matter in connection with any legal services or prospective legal services we provide to you or obligations attendant to such legal services or prospective legal services;
  • An affiliate, referral source, or referral recipient of Mertzlufft Law PLLC;
  • Third-party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, hosting and server providers, cloud storage systems, billing systems, business research/intelligence, form preparation systems, legal research systems, electronic discovery systems, government systems, email systems, email management/security systems, encryption systems, faxing systems, document generation systems, document analysis systems, document augmentation systems learning management systems, project management systems, scheduling/docketing systems, payroll/benefits systems, contact management systems, conflict-checking systems, business intake systems, law firm practice management systems, accounting systems, document management systems, work collaboration systems, digital dictation systems, information governance systems, ad networks, analytics, error loggers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors, and payment systems operators;
  • Our employees, contractors, counsel, and/or related entities;
  • Our existing or potential agents or business partners;
  • Credit reporting agencies, courts, tribunals, and regulatory authorities, in the event you fail to pay for services we have provided to you and for which we have sent you a bill;
  • Courts, tribunals, regulatory authorities, and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise, or defend our legal rights;
  • Third parties, including agents or sub-contractors, who assist us in providing information, services, or direct marketing to you;
  • Third parties to collect and process data; or
  • An entity that buys, or to which we transfer all or substantially all of our assets and business.

Your Rights and Controlling Your Personal Information

Your choice: By providing personal information to us, you understand we will collect, hold, use, and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of our website or the services associated with it.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Marketing permission: If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.

Access: You may request details of the personal information that we hold about you.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, please contact us using the details provided in this Privacy Policy. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading, or out of date.

Non-discrimination: We will not discriminate against you for exercising any of your rights over your personal information. Unless your personal information is required to provide you with a particular service or offer (for example providing user support), we will not deny you services and/or charge you different prices or rates for services, including through granting discounts or other benefits, or imposing penalties, or provide you with or suggest you will receive a different level or quality of services based on your exercise of your rights over your personal information.

Notification of data breaches: We will comply with laws applicable to us in respect of any data breach.

Complaints: If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.

Unsubscribe: To unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details provided in this Privacy Policy or opt-out using the opt-out facilities provided in the communication if available. We may need to request specific information from you to help us confirm your identity.

Use of Cookies

We do not presently, but may in the future use “cookies” to collect information about you and your activity across our website. A cookie is a small piece of data that our website stores on your computer, and accesses each time you visit, so we can understand how you use our website, and may help us serve you content based on preferences you have specified.

Please refer to our Cookie Policy for more information.

Business Transfers

If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data, including your personal information, among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may, to the extent permitted by applicable law, continue to use your personal information according to this policy, which they will be required to assume as it is the basis for any ownership or use rights we have over such information.

Limits of Our Policy

Our website may link to external websites that are not operated by us. Please be aware that we have no control over the content and policies of those websites and cannot accept responsibility or liability for any of their respective privacy practices.

Changes to This Policy

At our discretion, we may change our Privacy Policy to reflect updates to our business processes, current acceptable practices, or legislative or regulatory changes. If we decide to change this Privacy Policy, we will post the changes here at the same link by which you are accessing this Privacy Policy.

If required by law, we will get your permission or give you the opportunity to opt in to or opt out of, as applicable, any new uses of your personal information.

Additional Disclosures for Australian Privacy Act Compliance (AU)

International Transfers of Personal Information

Where the disclosure of your personal information is solely subject to Australian privacy laws, you acknowledge that some third parties may not be regulated by the Privacy Act and the Australian Privacy Principles in the Privacy Act. You acknowledge that if any such third party engages in any act or practice that contravenes the Australian Privacy Principles, it would not be accountable under the Privacy Act, and you will not be able to seek redress under the Privacy Act.

Additional Disclosures for General Data Protection Regulation (GDPR) Compliance (For European Union Residents)

If you are a resident of the European Union, you have certain data protection rights under the European General Data Protection Regulation (GDPR).

Legal Bases for Processing Your Personal Information

We will only collect and use your personal information when we have a legal right to do so. In which case, we will collect and use your personal information lawfully, fairly, and in a transparent manner. If we seek your consent to process your personal information, and you are under 16 years of age, we will seek your parent or legal guardian’s consent to process your personal information for that specific purpose.

Our lawful bases depend on the services you use and how you use them. This means we only collect and use your information on the following grounds:

Consent From You

Where you give us consent to collect and use your personal information for a specific purpose. You may withdraw your consent at any time using the facilities we provide; however, this will not affect any use of your information that has already taken place. You may consent to providing your email address for the purpose of receiving marketing emails from us. While you may unsubscribe at any time, we cannot recall any email we have already sent. If you have any further enquiries about how to withdraw your consent, please feel free to enquire using the details provided in the Contact Us section of this Privacy Policy.

Performance of a Contract or Transaction

Where you engage us for legal services or have entered into a contract or transaction with us, or in order to take preparatory steps prior to your engaging us for legal services or entering into a contract or transaction with you. For example, if you contact us with an enquiry, we may require personal information such as your name and contact details in order to respond. As a further example, if you communicate that you wish to or may wish to engage us for legal services, we may require personal information of you and others (as well as information about your business, if applicable) to check for conflicts and evaluate the potential engagement.

Our Legitimate Interests

Where we assess it is necessary for our legitimate interests, such as for us to provide, operate, improve and communicate our services. We consider our legitimate interests to include the performance of services for our clients, research and development, understanding our audience, marketing and promoting our services, measures taken to operate our services efficiently, marketing analysis, and measures taken to protect our legal rights and interests.

Compliance with Law

In some cases, we may have a legal obligation to use or keep your personal information. Such cases may include (but are not limited to) court orders, criminal investigations, government requests, and regulatory obligations. If you have any further enquiries about how we retain personal information in order to comply with the law, please feel free to enquire using the details provided in the Contact Us section of this Privacy Policy.

International Transfers Outside of the European Economic Area (EEA)

We will ensure that any transfer of personal information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means.

Your Rights and Controlling Your Personal Information

Restrict: You have the right to request that we restrict the processing of your personal information if (i) you are concerned about the accuracy of your personal information; (ii) you believe your personal information has been unlawfully processed; (iii) you need us to maintain the personal information solely for the purpose of a legal claim; or (iv) we are in the process of considering your objection in relation to processing on the basis of legitimate interests.

Objecting to processing: You have the right to object to processing of your personal information that is based on our legitimate interests or public interest. If this is done, we must provide compelling legitimate grounds for the processing which overrides your interests, rights, and freedoms, in order to proceed with the processing of your personal information.

Data portability: You may have the right to request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may also have the right to request that we transfer this personal information to a third party.

Deletion: You may have a right to request that we delete the personal information we hold about you at any time, and we will take reasonable steps to delete your personal information from our current records. If you ask us to delete your personal information, we will let you know how the deletion affects your use of our website or services. There may be exceptions to this right for specific legal reasons which, if applicable, we will set out for you in response to your request.

Additional Disclosures for California Compliance (For California Residents)

If you are a resident of the European Union, you have certain data protection rights under the California Civil Code Section 1798.83 and the California Consumer Privacy Act of 2018 (“CCPA”).

CCPA Opt Out

We do not sell, as defined in the CCPA, personal information we collect, and will not sell it without providing a right to opt out.

Right to Inquire

While we do not share personal information with others for their marketing purposes unrelated to us, under California Civil Code Section 1798.83, if you live in California and your business relationship with us is mainly for personal, family, or household purposes, you may ask us about the information we release to other organizations for their marketing purposes.

To make such a request, please contact us using the details provided in this Privacy Policy with “Request for California privacy information” in the subject line. You may make this type of request once every calendar year. We will email you a list of categories of personal information we revealed to other organizations for their marketing purposes in the last calendar year, along with their names and addresses. Not all personal information shared in this way is covered by Section 1798.83 of the California Civil Code.

Do Not Track

Some browsers have a “Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked. At this time, we do not respond to browser “Do Not Track” signals.

We adhere to the standards outlined in this Privacy Policy, ensuring we collect and process personal information lawfully, fairly, transparently, and with legitimate, legal reasons for doing so.

Cookies and Pixels

At all times, you may decline cookies from our website if your browser permits. Most browsers allow you to activate settings on your browser to refuse the setting of all or some cookies. Accordingly, your ability to limit cookies is based only on your browser’s capabilities. Please refer to the Cookies section of this Privacy Policy for more information.

CCPA-permitted Financial Incentives

In accordance with your right to non-discrimination, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels for the services we provide.

Any CCPA-permitted financial incentive we offer will reasonably relate to the value of your personal information, and we will provide written terms that describe clearly the nature of such an offer. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

California Notice of Collection

In the past 12 months, we have collected the following categories of personal information enumerated in the California Consumer Privacy Act:

  • Customer records;
  • Demographics;
  • Commercial information;
  • Identifiers;
  • Professional or employment-related information;
  • Employment and education data;
  • Bank account number, credit card number, debit card number, or other financial information;
  • Internet and network activity;
  • Audio or visual data;
  • Geolocation data; and
  • Inferences.

For more information on information we collect, including the sources we receive information from, review the “Information We Collect” section. We collect and use these categories of personal information for the business purposes described in the “Collection and Use of Information” section, including to provide and manage our Service.

Right to Know and Delete

If you are a California resident, you have rights to delete your personal information we collected and know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:

  • The categories of personal information we have collected about you;
  • The categories of sources from which the personal information was collected;
  • The categories of personal information about you we disclosed for a business purpose or sold;
  • The categories of third parties to whom the personal information was disclosed for a business purpose or sold;
  • The business or commercial purpose for collecting or selling the personal information; and
  • The specific pieces of personal information we have collected about you.

To exercise any of these rights, please contact us using the details provided in this Privacy Policy.

Shine the Light

If you are a California resident, in addition to the rights discussed above, you have the right to request information from us regarding the manner in which we share certain personal information as defined by California’s “Shine the Light” with third parties and affiliates for their own direct marketing purposes.

To receive this information, send us a request using the contact details provided in this Privacy Policy. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code.

Expenses

You are solely responsible for all fees, costs, and/or disbursements of or by any advisor, agent, or attorney retained by you to understand or enforce your rights under this Privacy Policy except where restricted in applicable law.

Severability

Any term of this Privacy Policy which is wholly or partially void or unenforceable is severed only to the extent that it is void or unenforceable. Upon such determination that such term is wholly or partially void or unenforceable, the parties shall agree to a modified term that effects the original intent of the term and these Terms of Service. The validity of the remainder of these Terms of Service is not affected.

Conflicts With Applicable Law

In the case of any conflict of any provision of this Privacy Policy with an applicable controlling statute, court holding, regulation, or Rule of Professional Conduct, the statute, court holding, regulation, or Rule of Professional Conduct controls. New York’s rules of professional conduct for attorneys can be found in 22 N.Y.C.R.R. Part 1200, a copy of which is accessible at: http://ww2.nycourts.gov/rules/jointappellate/index.shtml. The United States Patent and Trademark Office’s rules of professional conduct for those representing others before the Office can be found in 37 C.F.R. Part 11, a copy of which is accessible at: https://www.uspto.gov/web/offices/pac/mpep/mpep-9020-appx-r.html#d0e349771.

Questions? Contact Us

For any questions or concerns regarding your privacy, or to make a request regarding any applicable rights, you may contact us using the following details. We may ask you to verify your identity and details of your request before responding to such requests.

5501 Camp Rd. #242, Hamburg, NY 14075;
+1 (716) 202-0495; or
legal@mertzlufft.law.

Cookie Policy

Effective: March 3, 2021 | Last updated: March 13, 2021

We do not presently, but may in the future use cookies to help improve your experience of our website at mertzlufft.law. This cookie policy is part of Mertzlufft Law PLLC's Privacy Policy. It covers the use of cookies between your device and our website.

We also provide basic information on third-party services we may use, who may also use cookies as part of their service. This policy does not cover their cookies.

If you don’t wish to accept cookies from us, you should instruct your browser to refuse cookies from mertzlufft.law. In such a case, we may be unable to provide you with some or all of your desired content and services.

What is a cookie?

A cookie is a small piece of data that a website stores on your device when you visit. It typically contains information about the website itself, a unique identifier that allows the website to recognize your web browser when you return, additional data that serves the cookie’s purpose, and the lifespan of the cookie itself.

Cookies are used to enable certain features (e.g., logging in, acceptance of terms or policies), track website usage (e.g., analytics), store your user settings (e.g., time zone, notification preferences), and to personalize your content (e.g., advertising, language).

Cookies set by the website you are visiting are usually referred to as first-party cookies. They typically only track your activity on that particular website.

Cookies set by other websites and companies (i.e., third parties) are called third-party cookies. They can be used to track you on other websites that use the same third-party service.

Types of cookies and how we use them

Essential cookies

Essential cookies are crucial to your experience of a website, enabling core features like user logins, account management, acceptance of terms and policies, shopping carts, and payment processing.

We do not presently, but may in the future use essential cookies to enable certain functions on our website.

Performance cookies

Performance cookies track how you use a website during your visit. Typically, this information is anonymous and aggregated, with information tracked across all website users. They help companies understand visitor usage patterns, identify and diagnose problems or errors their users may encounter, and make better strategic decisions in improving their audience’s overall website experience. These cookies may be set by the website you’re visiting (first-party) or by third-party services. They do not collect personal information about you.

We do not presently, but may in the future use performance cookies on our website.

Functionality cookies

Functionality cookies are used to collect information about your device and any settings you may configure on the website you’re visiting (like language and time zone settings). With this information, websites can provide you with customized, enhanced, or optimized content and services. These cookies may be set by the website you’re visiting (first-party) or by third-party services.

We do not presently, but may in the future use functionality cookies for selected features on our website.

Targeting/advertising cookies

Targeting/advertising cookies help determine what promotional content is most relevant and appropriate to you and your interests. Websites may use them to deliver targeted advertising or limit the number of times you see an advertisement. This helps companies improve the effectiveness of their campaigns and the quality of content presented to you. These cookies may be set by the website you’re visiting (first-party) or by third-party services. Targeting/advertising cookies set by third parties may be used to track you on other websites that use the same third-party service.

We do not presently, but may in the future use targeting/advertising cookies on our website.

Statement of Client's Rights

Section 1210.1 of the Joint Rules of the Appellate Division amended June 1, 2018 (22 NYCRR §1210.1)

  1. You are entitled to be treated with courtesy and consideration at all times by your lawyer and the other lawyers and nonlawyer personnel in your lawyer’s office.
  2. You are entitled to have your attorney handle your legal matter competently and diligently, in accordance with the highest standards of the profession. If you are not satisfied with how your matter is being handled, you have the right to discharge your attorney and terminate the attorney‐client relationship at any time. Court approval may be required in some matters, and your attorney may have a claim against you for the value of services rendered to you up to the point of discharge.
  3. You are entitled to your lawyer's independent professional judgment and undivided loyalty uncompromised by conflicts of interest.
  4. You are entitled to be charged reasonable fees and expenses and to have your lawyer explain before or within a reasonable time after commencement of the representation how the fees and expenses will be computed and the manner and frequency of billing. You are entitled to request and receive a written itemized bill from your attorney at reasonable intervals. You may refuse to enter into any arrangement for fees and expenses that you find unsatisfactory. In the event of a fee dispute, you may have the right to seek arbitration; your attorney will provide you with the necessary information regarding arbitration in the event of a fee dispute, or upon your request.
  5. You are entitled to have your questions and concerns addressed promptly and to receive a prompt reply to your letters, telephone calls, emails, faxes, and other communications.
  6. You are entitled to be kept reasonably informed as to the status of your matter and are entitled to have your attorney promptly comply with your reasonable requests for information, including your requests for copies of papers relevant to the matter. You are entitled to sufficient information to allow you to participate meaningfully in the development of your matter and make informed decisions regarding the representation.
  7. You are entitled to have your legitimate objectives respected by your attorney. In particular, the decision of whether to settle your matter is yours and not your lawyer’s. Court approval of a settlement is required in some matters.
  8. You have the right to privacy in your communications with your lawyer and to have your confidential information preserved by your lawyer to the extent required by law.
  9. You are entitled to have your attorney conduct himself or herself ethically in accordance with the New York Rules of Professional Conduct.
  10. You may not be refused representation on the basis of race, creed, color, religion, sex, sexual orientation, gender identity, gender expression, age, national origin or disability.

Statement of Client's Responsibilities

(Informational Statement Adopted by the New York State Bar Association)

  1. The client is expected to treat the lawyer and the lawyer’s staff with courtesy and consideration.
  2. The client’s relationship with the lawyer should be one of complete candor and the client should apprise the lawyer of all facts or circumstances of the matter being handled by the lawyer even if the client believes that those facts may be detrimental to the client’s cause or unflattering to the client.
  3. The client must honor the fee arrangement as agreed to with the lawyer to the extent required by law.
  4. All bills tendered to the client for services rendered pursuant to the agreed upon arrangement regarding fees and expenses should be paid when due.
  5. A client who discharges the attorney and terminates the attorney-client relationship must nevertheless honor financial commitments under the agreed to arrangement regarding fees and expenses to the extent required by law.
  6. Although the client should expect that his or her letters, telephone calls, emails, faxes, and other communications to the lawyer will be answered within a reasonable time, the client should recognize that the lawyer has other clients who may be equally deserving of the lawyer’s time and attention.
  7. The client should maintain contact with the lawyer, promptly notify the lawyer of any change in telephone number, address, email, or other electronic contact information, and respond promptly to a request by the lawyer for information and cooperation.
  8. The client must realize that the lawyer is required to respect only legitimate objectives of the client and that the lawyer will not advocate or propose positions that are unprofessional or contrary to law or the New York Rules of Professional Conduct.
  9. The lawyer may decline to accept a matter if the lawyer has previous personal or professional commitments that will prohibit the lawyer from devoting adequate time to representing the client competently and diligently.
  10. A lawyer is under no obligation to accept a client if the lawyer determines that the cause of the client is without merit, a conflict of interest would exist or a suitable working relationship with the client is not likely.

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