LEGAL

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When visiting this Site, you agree not to:

• use the Site in any manner designed to hinder the proper operation or performance of the Site, including, without limitation, the following: hacking, encouraging hacking, introducing viruses or malware, disrupting the functionalities of the Site, and launching Denial-of-Service (DoS) attacks against the Site;

• collect or use Personal Information available on the Site for the purpose of sending unsolicited communications;

• breach applicable laws and regulations, including, without limitation, undermining the respect of data privacy or human dignity and inciting violence or discrimination;

• attempt to gain unauthorized access to the Hammer & Nails servers and network.

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CONTENT DISCLAIMER

The content on this Site is provided “as is.” We do not represent that the content will be error-free, timely, free of viruses or other harmful elements, or that defects will be corrected. Neither Hammer & Nails nor any of its affiliates, partners or employees, makes any representations, express or implied, with respect to the timeliness, accuracy or completeness of any of the contents of the Site, and expressly disclaim any liability or warranties, express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose or non-infringement. Hammer & Nails expressly disclaims any liability for any action, or failure to take action, in reliance on any of the contents of the Site. Your sole remedy for any dissatisfaction with any of the Contents is to refrain from using the Site.

 

LINKS TO OTHER SITES

The Hammer & Nails website(s) may contain links to external websites and external websites may link to Hammer & Nails website(s). Hammer & Nails is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites.

 

COMPLIANCE

Hammer & Nails does not assume the representation of clients from those states where the marketing material does not comply with State Bar requirements and where the client is generated as a result of that communication. No representation is made or intended that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. In situations in which our fees are contingent or partially contingent on the outcome of the case or transaction, the client is obligated for payment of court costs and expenses regardless of outcome.

 

PRIVACY STATEMENT

Last Updated: April 21, 2024

 

Hammer and Nails Law, APC, having its registered office at 1990 South Bundy Drive, Suite 630, Los Angeles, CA 90025, United States (“Hammer & Nails” or “Hammer and Nails” or “H&N” or “we” or “us” or “our”), is a California Professional Law Corporation. We are committed to safeguarding the privacy of our clients, business partners, contacts, job applicants, website visitors, and subscribers (collectively, “you”) and to protecting the personal information you share with us. This Privacy Statement applies to the processing of personal information by Hammer & Nails, acting as a controller, in connection with:

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• your use of our website www.hammerandnailslaw.com and any online services offered through the website (collectively, the “Site”);

• the services offered by Hammer & Nails to its clients and business partners;

• recruitment and hiring; and

• communications with you, including responding to your inquiries, informing you about our services and events, and sending you our newsletters (including blogs, client alerts, invitations to webcasts, or other materials).

 

This Privacy Statement explains our privacy practices, including the types of personal information collected by Hammer & Nails, and how such information may be collected, used, processed, utilized, maintained, or shared.

 

COLLECTION OF PERSONAL INFORMATION

Hammer & Nails processes “Personal Information” regarding (i) its clients’ representatives when using any of our legal services, (ii) users of our Site, (iii) anyone who sends us an inquiry, registers for one of our events, or subscribes to our newsletters, as well as (iv) job applicants. Personal Information generally is information that includes a personal identifier like your name, email address or physical address, phone number, IP address or device identifier, or any data that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, back to a natural person, household, or device, subject to definitions and exceptions under applicable law.

 

Some of the Personal Information we receive may also fall under the sub-category of “Sensitive Personal Information,” or a similar term, as defined by certain laws. This information may include information such as your Social Security Number, driver’s license number, state identification card number, passport number, financial account and credit card information in combination with any required security or access code, geolocation data, and racial and/or ethnic information. We only collect and use Sensitive Personal Information in accordance with privacy laws, upon your consent where required and as necessary to fulfill business purposes. We do not use such information to infer characteristics about you, and do not sell or share Sensitive Personal Information.

 

We will only process your Personal Information when we have a legal basis to do so (see following section). Personal Information includes information that you provide to us, that we collect automatically, and that we obtain from third parties. This information may include the following:

 

Personal Information we collect to provide legal services:

• Contact information, including first name, last name, email address, physical address, work and personal telephone numbers, and other similar identifiers.

• Payment and transactional data needed to provide you with legal services, including billing information.

• Professional or employment-related information, including title, company, and business phone number.

• Other information as reasonably necessary for Hammer & Nails to provide legal services.

 

We will also collect Personal Information about you indirectly from other sources, namely from our clients and interested third parties in relation to our legal services. Such Personal Information could include contact details and any other categories of Personal Information provided to us and relevant to the matter at stake.

 

Personal Information we collect to respond to your inquiry, to inform you about our services and events, and/or to send you our newsletters:

• Contact information, including first name, last name, email address, physical address, work and personal telephone numbers, and similar identifiers, and your areas of interest.

• Professional or employment-related information, including job title, company name, and business phone number.

• Other information as reasonably necessary for Hammer & Nails to respond to your inquiry, inform you about our services and events, or send you our newsletters.

 

Personal Information we collect when you use the Site:

• Our system may collect information about your browser or mobile device automatically when you enter or utilize the Site. We may use cookies and similar technologies to help us understand your activity on our Site, as well as for email communications. Data we collect automatically includes your IP address, other device identifiers, access dates and times, and referring and exiting URLs.

• With respect to the areas of the Site that requires entry of log-in credentials, we will collect and process the Personal Information provided to us when signing in with us, including your contact details, username, and password. For more information on how to manage your cookie preferences, please see our Cookie Notice.

 

Personal Information we collect to evaluate and process your application for employment with our firm:

• Contact information, including first name, email address, physical address, work and personal telephone numbers, Social Security number, taxpayer identification information, state identification card number, driver’s license number, employee identification number, employee credentials and related passcode, emergency contacts, and dependents’ names.

• Professional or employment-related information, including job title, employment history, and educational background, as well as information collected from the recruitment, hiring, and termination processes (for example, interview information, CV or resume, cover letters, references, reference letters, transcripts, pre-hire interactions, letters of reference, publicly available social media, letters of offer and acceptance, hire, start and end dates, resignation date, and reasons).

• Education, work experience, certifications, registrations, professional license numbers, training, and language abilities, as well as acknowledgements relating to receipt of or agreement to Hammer & Nails policies and survey or feedback information.

• Residency, citizenship, or work authorization status, visa number, military status, sponsorship requirement, nationality, and passport information.

• Performance-related information (including reviews, references, disciplinary procedure information, attendance records) and content for certain job descriptions.

• Characteristics of protected classifications under California or U.S. federal law (including sex, gender, marital status, ethnic origin, date of birth, age, sexual orientation, veteran status, and physical limitations and special accommodations, as needed).

• Where permitted by law and as applicable, the results of (i) criminal background checks, (ii) drug testing, (iii) a general background search on the highest level of education obtained and employment history, (iv) SSN tracing, (v) a national sex offender registry search, and (vi) a driving record search.

• Other information linked to the Personal Information above as reasonably necessary Hammer & Nails’ business purposes.

 

HOW WE USE YOUR PERSONAL INFORMATION

To Provide Our Legal Services 

Hammer & Nails processes Personal Information to perform a contract with you or to take pre-contractual steps at your request in order to:

• provide you with our legal services;

• manage our relationship with you and carry out any related administration; and

• send you communications related to our legal services.

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In addition, Hammer & Nails processes Personal Information based on its legitimate interests, which consist of:

• providing our legal services to our clients, including to the company for which you are working, and managing our relationship with such clients;

• complying with U.S. and California laws, as relevant, responding to requests from, and other communications with, competent public, governmental, judicial or other regulatory authorities and responding to valid legal process, investigating or participating in civil discovery, litigation, or other legal proceedings;

• meeting our corporate and social responsibility commitments; and

• protecting or defending your rights, property or security or ours.

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If you wish to obtain further details regarding our legitimate interests, please contact us by sending a request using the contact details specified at the end of this Privacy Statement.

 

Finally, Hammer & Nails processes Personal Information to comply with the legal obligations to which it is subject, including anti-money laundering or anti-bribery checks.

 

To provide you with online services and improve our Site 

Hammer & Nails processes Personal Information for the performance of the contract with you in order to provide you with our services through our Site.

We process Personal Information to store cookies on your device(s) upon your consent where required, as described in our Cookie Notice.

In addition, Hammer & Nails processes Personal Information based on its legitimate interests, which consist of complying with U.S. and California laws, as relevant; responding to requests from, and other communications with, competent public, governmental, judicial or other regulatory authorities and responding to valid legal process, investigating or participating in civil discovery, litigation, or other legal proceedings; as well as protecting or defending your rights, property or security or ours, including by investigating potential violations of or enforcing our terms of use. If you wish to obtain further details regarding our legitimate interests, please contact us by sending a request using the contact details specified at the end of this Privacy Statement.

 

To respond to your inquiry, to inform you about our services and events, and to send you our newsletters

Hammer & Nails processes Personal Information based on its legitimate interests, which consist of responding to your inquiries, including those sent to the contact details provided on the contact page of the Site and, where consent is not required, sending you marketing communications regarding our services and events.

 

In addition, users who have consented, including through the subscription form on the Site, may receive our newsletters (client alerts, invitations to webcasts and events, or other materials or activities). Individuals may opt out of receiving such direct marketing communications at any time by clicking on the opt-out link included in the marketing communications or sending a request using the contact details specified at the end of this Privacy Statement.

 

To evaluate and process your application for employment with our firm

Hammer & Nails processes Personal Information in order to take precontractual steps at your request for processing your application for employment at Hammer & Nails, including to evaluate your candidacy.

 

To comply with applicable legal obligations

Hammer & Nails also processes Personal Information in order to comply with applicable legal obligations to which it is subject, including employment law.

 

DISCLOSURE OF PERSONAL INFORMATION

For the purposes referred to under this Privacy Statement, we may need to share certain Personal Information with certain recipients. Such recipients will either act as another independent controller or as a processor acting on our behalf and upon our instructions.

 

We do not sell, or share for cross-context behavioral or targeted advertising purposes, as defined by certain laws, your Personal Information to any third party. We may disclose your Personal Information in the following limited circumstances:

• Authorized Third Parties and Service Providers: We may disclose your Personal Information to processors that provide us with the services necessary for the achievement of the purposes described above, i.e. our affiliates and offices, and our third-party services providers that provide various types of services, including IT services and companies that provide web analytics, advertising, email distribution, and other services. These third parties are only permitted to use your Personal Information to the extent necessary to enable them to provide their services to us. They are required to follow our instructions and to comply with appropriate security measures to protect your Personal Information.

• Other Parties When Required by Law or as Necessary: We may disclose your Personal Information to our affiliates, offices and other entities acting as independent controllers, which may be legal or government authorities or third parties in connection with claims, disputes, litigation or investigations where we reasonably believe that disclosure is required by law or pursuant to legal process, or is necessary to establish, exercise or defend legal claims, including to protect or defend your rights, property or security or ours.

• Other Parties With Your Consent: There may be instances where we disclose your Personal Information to other authorized third parties when you expressly consent to such sharing.

• Other Parties In Connection With a Transfer of Assets: If we make a sale or transfer of assets, or are otherwise involved in a merger or transfer, we may transfer your information to one or more third parties as part of that transaction in a manner consistent with this Privacy Statement.

 

INTERNATIONAL FIRMS

Hammer & Nails sometimes works in collaboration with international law firms, with clients and affiliates located throughout the world. As we are based in the United States, your Personal Information needs to be transferred to the United States for the purposes referred to under this Privacy Statement.

 

In addition, when we share your Personal Information with the entities mentioned above, it may imply transfers of your Personal Information overseas, which may include transfers to countries outside of the EEA or the UK whose laws provide levels of protection for Personal Information that are not always equivalent to the level of protection that may be provided in your own country.

Hammer & Nails has procedures in place to ensure that Personal Information is transferred, processed, and stored with appropriate safeguards and in accordance with applicable laws. Such appropriate safeguards may include standard contractual clauses issued by the European Commission (as amended by the UK Addendum issued by the UK Information Commissioner, where relevant) and we will provide you with details on the applicable safeguards and transfers upon request, to the contact details specified at the end of this Privacy Statement.

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SECURITY PROCEDURES

Hammer & Nails maintains appropriate technical and organizational security procedures in order to protect your Personal Information from loss, misuse, unauthorized access, disclosure or alteration, in accordance with applicable data protection and privacy laws.

 

In addition to such measures, Hammer & Nails maintains confidentiality policies that govern all information that any attorney or other personnel of Hammer & Nails receives in the course of their employment or association with Hammer & Nails. All attorneys and personnel are made aware of these policies and Hammer & Nails has in place procedures to train all attorneys and personnel to implement these policies. Despite our efforts, we cannot guarantee that Personal Information may not be accessed, disclosed, or altered by breach of our safeguards. You should take adequate precautions to protect your Personal Information.

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RETENTION OF PERSONAL INFORMATION

General principles

Hammer & Nails will keep your Personal Information for the whole duration of our legal services, extended by the applicable limitation period or as long as may be required by applicable statutory or professional retention obligations.

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Hammer & Nails will retain your Personal Information for no longer than is necessary for the purposes identified under this Privacy Statement, and as permitted by applicable law.

 

Please note that the data retention period actually applied by Hammer & Nails may vary, depending on the relevant purpose as described hereinafter. In any event, Hammer & Nails may keep your Personal Information for a longer time as those described below as part of its legal obligations. In such case, we will keep your Personal Information for the duration of such legal obligations.

 

On the expiration of the applicable data retention periods, Hammer & Nails will delete or anonymize the relevant Personal Information.

 

For online services and our Site improvements

With respect to the services provided to you through our Site, Hammer & Nails will keep your Personal Information during the period of our contractual relationship, extended by the applicable statute limitation period.

 

For responding to your inquiries, informing you about our services and events and sending you our newsletters

Hammer & Nails may keep your Personal Information for communication purposes until you withdraw your consent.

 

For your recruitment and employment 

For the applicants who are hired, Hammer & Nails may keep your Personal Information in accordance with the employee notice applicable to you.

Information collected from applicants who do not receive an employment offer will be deleted unless required by applicable law, or unless the prospective employee has requested that Hammer & Nails keep their application on file for consideration for future positions.

 

USE OF GENERATIVE AI

Hammer & Nails may use generative Artificial Intelligence ("genAI") technology to support the processing of Personal Data for the purposes referred to in this Privacy & Cookies Statement. All such genAI technology is subject to robust prior screening to ensure that it meets applicable ethical, legal and contractual requirements including in respect of data privacy and information security. Hammer & Nails has adopted appropriate policies and training for attorneys and business professionals governing responsible use of genAI technology to ensure that Personal Data remains adequately protected.

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COOKIES

We use and engage certain providers to use cookies, web beacons, and similar tracking technologies (collectively, "cookies") on our Sites.  

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What are cookies?
Cookies are small amounts of data that are stored on your browser, device, or the page you are viewing. Some cookies are deleted once you close your browser, while other cookies are retained even after you close your browser so that you can be recognized when you return to a websites.

 

How do we use cookies? 
We use cookies, and allow certain third parties to place cookies on our Sites, in order to provide the Sites and services, gather information about your usage patterns when you navigate the Sites in order to enhance your personalized experience, and to understand usage patterns to improve our Sites, products, and services.

 

Cookies are generally divided into the following categories:

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

• Functional Cookies: These cookies enable the website to provide enhanced functionality and personalization. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.

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

• Targeting Cookies: These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

• Social Media Cookies: These cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.

 

What are your options if you do not want cookies on your computer?
When you first visit our website, you will be asked for your consent to the use of any cookies which are not classed as strictly necessary. You can manage your choices using the consent management tool provided. If you change your mind, you can adjust your preferences at any time using the manage cookies link in the footer of our Sites. 

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DATA SECURITY

While we endeavor to always protect our systems, sites, operations and information against unauthorized access, use, modification and disclosure, due to the inherent nature of the Internet as an open global communications vehicle and other risk factors, we cannot guarantee that any information, during transmission or while stored on our systems, will be absolutely safe from intrusion by others.

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You also have an important role in protecting Personal Data. You should not share any username, password or other authentication data provided to you with anyone, and we recommend that you do not re-use passwords across more than one website or application.  If you have any reason to believe that your username or password has been compromised, please contact us as detailed below.

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CALIFORNIA CONSUMER PRIVACY ACT 2018

As a California resident, you have the following rights under the California Consumer Privacy Act 2018:

• The right to know what personal information we have collected about you, including the categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom we disclose personal information, and the specific pieces of personal information we have collected about you. You may only exercise your right to know twice within a 12-month period.

• The right to delete personal information that we have collected from you, subject to certain exceptions.

• The right to correct inaccurate personal information that we maintain about you.

• The right to opt-out of the sale or sharing of your personal information by us. We do not sell or share for cross-context behavioral advertising any of the categories of personal information that we collect about California residents.

• The right to limit our use and disclosure of sensitive personal information to purposes specified in subsection 7027(l) of the California Consumer Privacy Act Regulations. We do not use or disclose sensitive personal information for purposes other than those specified in subsection 7027(m) of the California Consumer Privacy Act Regulations.

• The right not to receive discriminatory treatment by the business for the exercise of privacy rights conferred by the CCPA, in violation of California Civil Code § 1798.125, including an employee's, applicant's, or independent contractor's right not to be retaliated against for the exercise of their CCPA rights.

 

HOW TO EXERCISE CCPA RIGHTS

Methods of Submission and Instructions: To submit a request to exercise your rights to know, delete or correct, please email dataprivacy@hammerandnailslaw.com, or call 310-819-9640. 

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Verification: Only you, or someone legally authorized to act on your behalf, may make a request related to your personal information. You may designate an authorized agent by taking the steps outlined under "Authorized Agent" further below. In your request or in response to us seeking additional information, you, or your authorized agent, must provide sufficient information to allow us to reasonably verify that you are, in fact, the person whose personal information was collected which will depend on your prior interactions with us and the sensitivity of the personal information being requested. We may ask you for information to verify your identity and, if you do not provide enough information for us to reasonably verify your identity, we will not be able to fulfil your request. We will only use the personal information you provide to us in a request for the purposes of verifying your identity and to fulfill your request.

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Authorized Agents: You can designate an authorized agent to make a request under the CCPA on your behalf if:

• The authorized agent is a natural person or a business entity and the agent provides proof that you gave the agent signed permission to submit the request; and

• You directly confirm with Hammer & Nails that you provided the authorized agent with permission to submit the request.

 

If you provide an authorized agent with power of attorney pursuant to Probate Code sections 4121 to 4130, it may not be necessary to perform these steps and we will respond to any request from such authorized agent in accordance with the CCPA.

 

OTHER ISSUES

1. What are the consequences of not providing Personal Data? 
   You are not required to provide all Personal Data identified in this Privacy & Cookies Statement to use our Sites or to interact with us offline, but certain functionality will not be available if you do not provide Personal Data. If you do not provide Personal Data, we may not be able to respond to your request, provide legal services to you, or provide you with marketing that we believe you would find valuable.      

2. Do we engage in automated decision-making without human intervention? 
   We do not use automated decision-making without human intervention, including profiling, in a way that produces legal effects concerning you or otherwise significantly affects you.

3. Does our Site honor "do not track" ("DNT") signals sent via browsers? 
   Given the divergent practices of organizations that offer browsers and the lack of a standard in the marketplace, we generally do not respond to DNT signals at this time.

4. How long do we retain Personal Data? 
   We typically retain Personal Data related to marketing activities for as long as you accept marketing communications from us, and we will securely delete such data in accordance with applicable law upon request.  For Personal Data that we collect and process for other purposes, we will typically retain such Personal Data for as long as it is necessary to fulfill the purposes outlined in this Privacy & Cookies Statement and as otherwise specified in applicable record retention policies and procedures. 

5. Are third party websites governed by this Privacy & Cookies Statement? 
   The Sites may contain links and references to other websites administered by unaffiliated third parties.  This Privacy & Cookies Statement does not apply to such third party sites.  When you click a link to visit a third party website, you will be subject to that website's privacy practices.  We encourage you to familiarize yourself with the privacy and security practices of any linked third party websites before providing any Personal Data on that website.

6. How does the Hammer and Nails handle employee and contractor privacy issues? 
   Personal Data about our employees and contractors are addressed through internal Firm policies and procedures, and are outside the scope of this Privacy & Cookies Statement.

7. How will we handle any changes to this Privacy & Cookies Statement? 
   We may update this Privacy & Cookies Statement from time to time as our services and privacy practices change, or as required by law.  The effective date of our Privacy & Cookies Statement is posted below, and we encourage you to visit our Sites periodically to stay informed about our privacy practices.  We will post the updated version of the Privacy & Cookies Statement on our Sites, and ask for your consent to the changes if legally required.

 

©Hammer and Nails Law ™, Limited 2024, All Rights Reserved