Privacy Notice
At FCK Legal, we don't fck around with your personal information. Regulation demands that we make certain disclosures, though, so take a look below to understand how we collect, store, process, protect, and disclose personal information.
Last updated: 19 NOVEMBER 2024
Change Summary: A new third party subprocessor disclosure of Panther Software LLC, operator of Practice Panther law practice management software, was added. We will be phasing out Themis Solutions, Inc. in favor of Panther Software by the end of 2024.
This Privacy Notice (“Notice”) applies whenever Forstai Cyber Kinetics LLC (referred to in this Notice as “FCK Legal”, “we” or “us”) processes personal information about you – for example, by collecting it, using it, storing it, or disclosing it to others. It describes the contexts in which we process your personal information, who else might have access to it, and what rights you can exercise and how to exercise them.
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FCK Legal operates in the State of Oregon, but does business with clients around the world. Because of that, we have drafted this notice to ensure that you are aware of information relevant to data protections applicable to a wide range of individuals, including those in the European Economic Area, United Kingdon, and California. It’s long and complex, but until global politicians make it easy for the rest of us, we’re doing our best. You can always contact us with questions at contact@fcklegal.com.
The Basics
The processing of personal data varies based on the context of your interaction with FCK Legal. This context is primarily defined by the by the scenario that describes the individual listed below. Note that you may qualify as more than one of these types of individuals at any time during your ongoing interaction with FCK Legal, which may result in a variety of contexts for processing being applicable to you. The following describes the personal information we may collect, the category and source of such information, the purpose of processing, legal basis of processing, and third parties with whom we share such personal information for each of these contexts.
Individuals: Potential Clients
Personal Information Processed: Name, contact information
CCPA Category and Source of Data:
Category: Individual identifiers.
Source: Individual
Purpose of Processing: To evaluate whether we should enter a legal or business relationship.
Legal Basis for Processing: Legitimate interest.
Third Parties with whom we share personal information: Themis Solutions, Inc. (Clio) and Panther Software LLC (Practice Panther) acts as a data processors for us.
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Individuals: Clients
Personal Information Processed: Name, contact information, financial information, and personal information relevant to the advice being sought or business service engaged. This may include “sensitive” or “special category data” under applicable data protection laws for the purpose of obtaining legal advice (such as personal information relating to an individual’s health, race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, sex life or sexual orientation, genetic data or biometric data)
CCPA Category and Source of Data:
Categories: Individual identifiers, customer records, inferences, education information, electronic network information, geolocation data, audio or AV information, protected class information, professional or employment information, and/or “sensitive information” or “special category data”
Source: Individual, client or client representative
Purpose of Processing: To provide legal advice or other contracted business services.
Legal Basis for Processing: To meet service requirements under contracts and the Rules of Professional Conduct.
Third Parties with whom we share personal information: Payment information is processed by Themis Solutions, Inc., Panther Software LLC, or Intuit, Inc., depending on client choice of payment. Individual clients may also request specific payment processors for their invoicing. Each act as a data processor. Microsoft, Inc. processes data transmitted through O365 cloud-based productivity offerings. Namecheap.com processes data transmitted through private email.
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Individuals: Website Visitors
Personal Information Processed: Our website servers may automatically receive certain information about your device, including your IP address, browser type, device type and similar technical information.
CCPA Category and Source of Data:
Category: Electronic identifiers, electronic network information
Source: Web hosting provider, Wix.com Purpose of Processing: This information is processed to ensure our website is rendered correctly to you. We do not collect website analytics or engage in targeted advertising. We do not sell your personal information.
Legal Basis for Processing: Legitimate interest.
Third Parties with whom we share personal information: Information is processed by our domain host, Wix.com
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Individuals: Other third parties
What Personal Information: Clients may disclose information about third parties when seeking legal advice or business consulting. The specific personal information that we receive is determined solely by the client and may include personal information that is deemed “sensitive” or “special category data” under applicable data protection laws.
CCPA Category and Source of Data:
Category: Individual identifiers, customer records, inferences, education information, electronic network information, geolocation data, audio or AV information, protected class information, professional or employment information, and/or “sensitive information” or “special category data”
Source: Client representative
Purpose of Processing: To provide legal advice or contracted business services.
Legal Basis for Processing: For legal services clients, this information is process under a legitimate interest. For business consulting clients, this information is processed to provide the services defined in your contract.
Third Parties with whom we share personal information: Microsoft, Inc. processes data transmitted through O365 cloud-based productivity offerings. Namecheap.com processes data transmitted through private email.
Other Ways We Might Disclose Personal Information
We might disclose personal information in the following circumstances:
to third parties who provide services on our behalf, such as IT hosting providers, email providers and data backup providers, subject to strict contractual terms that protect the personal information in accordance with data protection law;
to competent law enforcement, judicial or regulatory authority, or public safety authority if we believe disclosure is required (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person;
to subcontractors, with your prior consent;
to any other person if the relevant data subject(s) have consented.
For clients who have engaged us for legal advice and services, disclosures will be subject to the Rules of Professional Conduct and measures designed to protect the attorney-client privilege.
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International Transfers of Personal Information
FCK Legal is organized and operates in the state of Oregon in the United States. Personal information will necessarily be transferred to and processed in the United States. Technical, organizational, and management systems have been put in place to safeguard information in accordance with the requirements of the GDPR and UK GDPR.
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Your Rights
You have the following data protection rights:
To access, correct, update or request deletion of your personal information;
To request that we disclose to you
To object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information;
To not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects or similarly significantly affects you. FCK Legal will not use automated decision making in its legal advising or business consulting without your specific written consent;
To opt-out of marketing communications we send you at any time;
To withdraw any previously granted consent at any time; and
To lodge a complaint with an appropriate data protection authority or applicable regulatory body (noting that such body does not currently exist in our state of business registration, Oregon, or the U.S. generally);
We respond to all requests received from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
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Cookies
We have instructed our website hosting company to not use any cookies on our site except for those required for site functionality. We do not run any analytics or other cookies on our site, and do not place any other tracking capabilities such as pixels or session replay technology in our website.
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Third Parties
We use third parties in the development and operations of our website. You may have also used a third party, such as Google or LinkedIn to reach this page. Third parties that process your information based on your participation at the FCK Legal website are listed in the chart above. Third parties may have different privacy policies than FCK Legal.
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Updates
As much as we wish, we cannot make the world stand still when it comes to privacy. Therefore, we may update this Notice from time to time in response to legal, technical, or business developments. When we update our Notice, we will take appropriate measures to inform you. The “last updated” date of this Notice is at the top of this page.
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