Kostka & Associates LLC Privacy Policy

Kostka & Associates, LLC (“we,” “us,” “our”) works hard to build and maintain a relationship of trust with you. This Privacy Policy (the “Privacy Policy”) governs our collection, use, and disclosure of your Personal Information in connection with your use of our website(s) (“Site”) or any services, transactions, or other engagements you might have with us (collectively, “Services”).

This Privacy Policy explains what information we collect about you, how we use or disclose that information, and the safeguards we have in place to reduce the risk of unauthorized access and use.

Please carefully read this Privacy Policy before using our Site and/or Services. If you do not agree with this Privacy Policy, you must refrain from using our Site and/or Services. By Accessing or using our Site and/or Services you agree to our use of your information consistent with this Privacy Policy.

PRIVACY POLICY CHANGES

This Privacy Policy is subject to change. We encourage you to review this Privacy Policy frequently for any revisions or amendments. Changes to this Privacy Policy will be posted on this Site and will be effective immediately upon posting. You will be deemed to have been made aware of and have accepted the changes by your continued use of our Site or Services. If we determine that a change to this Privacy Policy will result in using your Personal Information acquired before the change in a materially new way, we will provide you notice before using your Personal Information in the new way.

CONFLICT BETWEEN THIS POLICY AND LOCAL LAWS AND REGULATIONS

When federal, state, and local laws and regulations or our ethical requirements require a higher level of protection for your Personal Information, they take precedence over this Privacy Policy. In addition, the specific requirements of this Privacy Policy will apply unless disallowed by any applicable law or regulation.

INFORMATION WE COLLECT

Personal Information

We collect information that personally identifies, relates to, describes, or is capable of being associated with you (“Personal Information”), including:

  • Unique Identifiers such as name, date of birth, social security number, IP address.
  • Contact Information such as email address, phone number, and mailing address;
  • Banking and Financial Information such as checking account, credit card, or debit card account information;
  • Commercial Information such as the legal services in which you are interested or have been provided, newsletters you have signed-up to receive;
  • Professional/Employment Information such as your employer and job title;
  • Documents Containing Personal Information such as correspondence, materials provided to us in connection with a matter, and court and governmental agency records;
  • Inferences drawn from the above categories of Personal Information that relate to your preferences, characteristics, behavior, etc.

The categories and type of Personal Information we collect about you will vary based on how you use the Site and/or Services and your relationship with us. For example, if you merely browse our Site, we will collect very limited Personal Information, but if you retain us as your attorney, we will likely collect more Personal Information.

Business Information

We also collect information about businesses and their representatives that engage with us such as EIN, TIN, address, phone number, email address, bank account information (collectively, “Business Information”). This information is generally not considered Personal Information because it relates to a business or a business contact.

Usage Data and Site Activity

We automatically collect information in connection with the actions you take on the Site (“Usage Data”). For example, each time you use the Site, we automatically collect the type of web browser you use, the type of device you use, your operating system, your Internet Service Provider, the pages you view, referring and exit pages, the date and time of your visit, and the number of clicks to, from, and within the Site, and the duration of your visits to the Site. If this information is capable of being associated with you, directly or indirectly, we treat it as Personal Information. If this information is not capable of being individually associated with you, we treat it as Usage Data.

HOW WE COLLECT INFORMATION

Voluntary Disclosure

We may ask you to provide us with Personal Information when you communicate with us (online or offline), sign-up for our newsletters, attend our webinars, or interact with us at events. You are not required to provide us your Personal Information; however, if you choose not to provide the requested information, you may not be able to use some or all of the features of the Site or Services or we may not be able to fulfill your requested engagement.

Information About Others

If you provide Personal Information to us about any person other than your yourself, you represent and warrant that you have the legal right to do so or have obtained permission from the applicable person. For example, if you are an employer and provide us the Personal Information of an employee, you must have the legal right or permission to provide that information.

Third-Party Data Sources

We may collect Personal Information from third-party data sources such as courts, government agencies, public databases; entities to which we provide Services; opposing or related counsels/parties, and legal research sources.

Cookies & Other Automated Tools

We use cookies (a small text file placed on your computer to identify your computer and browser) and other automated tools such as tracking pixels to improve the experience of the Site and Services, such as saving your preferences from visit to visit to present you with a customized version of the Website. Many web browsers are initially set up to accept cookies. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. Instructions for how to manage cookies in popular browsers are available at: Internet Explorer, Firefox, Chrome, Safari (iOS), Safari (Mac), and Opera. However, certain features of the Site and Services may not work if you delete or disable cookies.

We use the following types of cookies:

  • Session Cookies: Session cookies keep track of you or your information as you move from page to page within the Site and are typically deleted once you close your browser.
  • Persistent Cookies: Persistent cookies reside on your system and allow us to customize your experience if you leave and later return to the Site. For example, persistent cookies may allow us to remember your preferences.
  • Analytics Cookies: Analytics cookies help us understand how our Site is working and who is visiting our Site. Google Analytics is one tool we use, and you can learn more by reviewing Google’s Privacy Policy .

We employ software technology that enables us to track certain aspects of a user’s visit to the Site. This technology helps us better manage content on the Site by informing us what content is effective, how consumers engage with the Site, and how consumers arrive at and/or depart from the Site. The software typically uses two methods to track user activity: (1) “tracking pixels” and (2) “clear gifs.” Tracking pixels are pieces of executable code that are embedded in a web page that track usage activity including which pages are viewed, when they are viewed, and how long the pages are viewed. Clear gifs are tiny graphics with unique identifiers which are embedded in web pages and email messages that track whether or not a user has viewed a particular web page or email message. User activity information may be associated with additional information about a user’s session and Personal Information, if provided by the user.

If you arrive at the Site by “clicking through” from another website, then certain information about you that you provided to that other website, such as the terms you were searching on that led you to the Site, may be transmitted to us and we may use it. You should review the Privacy Policy of any website from which you reached the Site to determine what information was collected by that website and for what purpose(s) you agreed that website could use that information. We may retain information about you provided to us by other websites and will only use it in accordance with this Privacy Policy. Such information may be associated with other Usage Data or Personal Information.

Surveys

From time to time we may request Personal Information from clients or prospective clients via surveys. Participation in these surveys is completely voluntary and you have a choice whether or not to disclose Personal Information.

Social Media Widgets

The Site may include social media features, such as the LinkedIn and Twitter widgets. These features may collect information about your IP address and the pages you visit on our Site as well as other Personal Information. A cookie may be set to ensure that a feature properly functions. Your interactions with features are governed by the privacy policies of the companies that provide them.

THIRD-PARTY PERSONAL INFORMATION COLLECTION ON SITE

Certain third parties collect Personal Information and/or Usage Data from users of our Site using automatic information collection tools such as cookies and tracking pixels. The collection, use, and disclosure of Personal Information and/or Usage Data by these third parties is governed by their privacy policies. This following third parties may collect Personal Information via our website:

Google: https://policies.google.com/privacy?fg=1
LinkedIn: https://www.linkedin.com/legal/privacy-policy
Twitter https://twitter.com/en/privacy

HOW WE USE AND SHARE INFORMATION

Generally

We use Personal Information for internal purposes, such as to:

  • Provide you and others with the Site and Services, including our legal services, newsletters, and webinars;
  • Market our Services to you;
  • Manage our relationship with you;
  • Perform marketing and non-marketing analytics;
  • Operate information security and anti-fraud programs;
  • Collect on client accounts;
  • Complete legal filings and processes;
  • Perform day-to-day business operations such as accounting and general management; and
  • Respond to governmental and other legal requests.

Testimonials

If you provide a testimonial, we may post it publicly on the Site or in other advertising material. We will always contact you to get permission before publishing a testimonial in any way that identifies you as the provider of the testimonial. We may use unattributed testimonials without permission.

Service Providers

We may provide your Personal Information to other businesses (“Service Providers”) to provide services to us or on our behalf. Categories of service providers we use include:

  • Account servicing vendors, which help us provide services and information to you, service your account with us, and perform payment processing services;
  • Marketing and communications vendors, which help us market our services to you, and conduct surveys and other outreach campaigns;
  • Data and business analytics vendors, which help us analyze information in order to improve our business;
  • IT and network administration vendors, which provide services such as data storage and management, website hosting, webinar platform, email management, newsletter distribution, and data security;
  • Professional service firms, which provide accounting, legal, and other professional services; and
  • General service providers, which help us with day-to-day business operations such as office support services, courier services, facilities management, and document destruction.

Each Service Provider is required to use reasonable security measures appropriate to the nature of the information involved to protect your Personal Information from unauthorized access, use, or disclosure. Service Providers are prohibited from using Personal Information that we provide them other than as specified by us.

Third-Party Sharing

We do not sell your Personal Information with other companies or persons who do not provide services to us (“Third Parties”). We may share your Personal Information to Third Parties as necessary in the performance of our legal services.

SECURITY

As a law firm, we especially recognize the importance of safeguarding the confidentiality of Personal Information and protecting it from loss, misuse, or unauthorized alteration. Accordingly, we employ commercially reasonable administrative, technical, and physical safeguards to protect Personal Information from unauthorized access, disclosure, and use. Even with these safeguards, no data transmission over the Internet or other network can be guaranteed 100% secure. As a result, while we strive to protect information transmitted on or through our Site or Services, you do so at your own risk.

OTHER WEBSITES

Please be aware that third-party websites accessible through the Site or recommended through our Services may have their own privacy and data collection policies and practices. We are not responsible for any actions, content of websites, or privacy policies of such third parties. You should check the applicable privacy policies of those third parties when providing information.

COMPLIANCE WITH LAWS AND LAW ENFORCEMENT

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose Personal Information and any other information about you to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate to respond to legal requests (including court orders, investigative demands and subpoenas), to protect the safety, property, or rights of ourselves, consumers, or any other third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with law. However, if you are a client or prospective client, Personal Information you provide in the course of our representation or potential representation may be subject to Attorney-Client Privilege and/or Work Product Doctrines.

OTHER TRANSFERS

We may share Personal Information and Usage Data with businesses controlling, controlled by, or under common control with us, if permitted by applicable ethics rules. If we are merged, acquired or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Personal Information and Usage Data in connection with such transaction.

HOW LONG WE RETAIN YOUR DATA

We retain your Personal Information for as long as we have a relationship with you. We also retain your Personal Information for a period of time after our relationship with you has ended where there is an ongoing business need to retain it. This includes retention to comply with our legal, ethical, regulatory, tax, and/or accounting obligations, and retention that is advisable in light of our legal position.

CHILDREN’S PRIVACY

The Site and Services are not intended for children under the age of 18 and we do not knowingly collect Personal Information from children under the age of 18 except in limited circumstances when necessary during the course of a legal representation. If we become aware that we have inadvertently received Personal Information from a child under the age of 18, we will delete such information from our records. If we obtain the Personal Information of a minor during the course of a legal representation, we will retain that Personal Information for only as long as necessary to perform the representation and satisfy our recordkeeping obligations under applicable law and ethics requirements.

California “Do Not Track” Disclosure

Do Not Track is a web browser privacy preference that causes the web browser to broadcast a signal to websites requesting that a user’s activity not be tracked. At this time, our Site and Services do not respond to “do not track” signals.

Governing Law & international Transfers

The Site and Services are provided in the State of Wisconsin and the laws of the State of Wisconsin will apply to your use of the Site and Services, without regard to conflicts of law principles. You acknowledge that Personal Information will be transferred to and accessible from locations within the United States of America. The laws of the United States of America may not provide the same or similar protections as the laws of your home jurisdiction. By providing Personal Information to us, you agree to the transfer of your Personal Information to, and the processing of your Personal Information within, the United States of America.

Contact Us

If you have any questions about our Site, Services, or this Privacy Policy, please email us at mail@kostka.law or call us at 715.845.1805, or send us a letter to the following address:

Kostka & Associates, LLC
P.O. Box 1519
Wausau, WI 54402-1519

Effective: May 26, 2021