You shall defend and indemnify Daniel H. Erskine and his employees and agents from and against any claim, cause of action, or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf or by third parties as a result of your use of this Site, including, but not limited to, (i) your violation of these Terms and Conditions, and/or (ii) your posting or use of Content on this Site.
Governing Law and Forum
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New York, without giving effect to the principles of conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction and venue of any state or federal court located in White Plains, Westchester County in the State of New York, United States of America, with respect to all disputes arising out of or relating to the use of this Site or these Terms and Conditions. Your use of this Site is unauthorized in any jurisdiction that does not give effect to all of the provisions of these Terms and Conditions, including, but not limited to, the provisions of this paragraph. Recourse to courts shall mean submission to the jurisdiction and venue of a competent court as defined above in this paragraph and to such court’s civil procedural rules and law.
Additional Rights and Restrictions
You may not assign, transfer, subcontract, or delegate any of your rights, duties, or obligations under these Terms and Conditions. Daniel H. Erskine reserves all rights relating to this Site or the Content not expressly granted to Daniel H. Erskine by these Terms and Conditions. If any provision of these Terms and Conditions is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and will not affect the validity or enforceability of any of the remaining provisions of these Terms and Conditions. Daniel H. Erskine may at any time, in his exclusive discretion and without notice, make additions, deletions, or other modifications to, or suspend or terminate access to, this Site or any other Content. The headings used in these Terms and Conditions are for convenience only and will in no way affect the scope or construction of any provision hereof.
EU GDPR Privacy Notice; Last updated 8 August 2018
Your privacy is important to Daniel H. Erskine. Daniel H. Erskine produces this EU GDPR Privacy Notice (the "GDPR Privacy Notice") to provide additional information about how Daniel H. Erskine and this Site handles personal information that is subject to the GDPR when Daniel H. Erskine is the data controller of that personal information. In this GDPR Privacy Notice, the term "GDPR" refers to include the EU General Data Protection Regulation and the and the UK Data Protection Act 2018 which supplements GDPR and extends its application in the United Kingdom. Daniel H. Erskine only collects personal data on EU residents who employ Daniel H. Erskine for professional legal services, and Daniel H. Erskine maintains no physical office or location in any EU member state.
This GDPR Privacy Notice explains how Daniel H. Erskine handles the personal information collected from individuals through the Site, the personal information collected when individuals engage Daniel H. Erskine for professional legal services ("Services") and the personal information received about individuals as a result of providing the Services to third parties, whenever personal information is subject to the GDPR. Daniel H. Erskine is the data controller responsible for your personal information collected via the Site and is the data controller of personal information subject to the GDPR that is collected and processed in connection with the Services. The Site contains links to other sites whose information practices may be different than this Site. You should consult the other sites' privacy notices as Daniel H. Erskine has no control over information that is submitted to or collected by these third parties.
For the purposes of this GDPR Privacy Notice, "personal information" means any information relating to an identified or identifiable person; it can include obvious data like your name but also identification numbers, online identifiers and/or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person. Special category data includes data revealing race or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and genetic data, biometric data, data concerning health or data concerning a personâ€™s sex life or sexual orientation.
This Site and Daniel H. Erskine may collect personal information in the course of our business, including through your use of our Site, when you contact Daniel H. Erskine or request information from Daniel H. Erskine, when engage Services. When Daniel H. Erskine requires personal information from you in order to fulfill a statutory or contractual requirement, or where such information is necessary to enter into a contract or is otherwise an obligation, Daniel H. Erskine will inform you and indicate the consequences of failing to do so.
From individuals who are clients and prospective clients, or are representatives of clients and prospective clients, Daniel H. Erskine may collect the following personal information:
Daniel H. Erskine primarily assists corporate entities who are seperare legal entities from their respective owners and employees, and those legal entities are not data subjects (natural persons to whom personal information relates). Despite this fact, in order to provide Services, Daniel H Erskine may receive personal information about individuals working for or with these legal entities, including names, contact details and other information relating to: officers, representatives and/or personnel of corporate clients or prospective clients, as well as their affiliated and related entities; adverse parties in a matter or potential matter, such as claimants, plaintiffs, defendants and other adverse parties; related parties in a matter or potential matter; vendors and suppliers of corporate clients or prospective clients; current and former legal advisors, consultants and other professional advisors of corporate clients or prospective clients; and/or government and/or law enforcement entities and their representatives.
Daniel H. Erskine may also share personal information with a variety of the following categories of third parties as necessary: professional advisers to Daniel H. Erskine, such as lawyers and accountants; government and/or regulatory authorities or entities (including, but not limited to, courts and administrative tribunals); professional indemnity insurers; regulators, tax authorities and/or corporate registries; third parties to whom Daniel H. Erskine may outsource certain services, such as, without limitation, document processing and translation services, confidential waste disposal, IT systems or software providers, IT Support service providers, and document and information storage providers; third parties engaged in connection with the Services, such as counsel, arbitrators, mediators, clerks, witnesses, court reporters, court, opposing party and their lawyers, document review platforms and experts, such as tax advisors; third party service providers to assist Daniel H. Erskine with client insight analytics, such as Google Analytics; third party postal or courier providers who assist Daniel H. Erskine in delivering documents related to your matter.
If you are an individual whose personal information is processed by Daniel H. Erskine as a result of providing the Services to others (including individual clients and corporate clients), Daniel H. Erskine will process a variety of different personal information depending on the Services provided as part of a lawyer providing legal services who needs to process personal information in relation to other third parties instructed either by clients or other persons or companies involved in providing the Services to a client (other law firms, experts etc.).
Daniel H. Erskine uses personal information to provide and operate this Site and the Services, to communicate with you about your use of the Site and Services, to respond to your inquiries, to provide troubleshooting, to fulfill your requests, to bill you for Services, to collect payments, to respond to complaints and inquiries, to provide technical support, to provide other client service and support, and to provide legal advice and related Services to you if you executed a retainer agreement or engagement letter countersigned by Daniel H. Erskine as well as to verify your identity, and carry out requests made by you on the Site or in relation to the Services. The legal basis for this processing is for compliance with legal obligations (including professional and ethical duties as an attorney, lawyer and/or solicitor) and this processing is necessary to establish, exercise or defend Daniel H. Erskine's legal claims and rights. It is in Daniel H. Erskine's legitimate interest or a third party's legitimate interest to use your personal information in such a way to ensure that Daniel H. Erskine provides the Services (including where applicable, client service) to you or others and comply with Daniel H. Erskine's professional and ethical duties as an attorney, lawyer and/or solicitor, consistent with applicable law. In some cases, this processing is necessary to perform a contract to which you are a party.
Daniel H. Erskine is based in the United States. When you submit personal information to Daniel H. Erskine, or when others provide personal information to Daniel H. Erskine, it is received and processed in the United States. You may contact Daniel H. Erskine in writing at 11 W Prospect Ave, Mount Vernon, New York 10550 or 001 866 9514443 or via the contact forms on this Site.
Daniel H. Erskine is under a general duty to keep personal data and information confidential. Where Daniel H. Erskine shares personal information, Daniel H. Erskine takes all reasonable steps to keep it secure, use it fairly and ensure that data protection safeguards are in place. Daniel H. Erskine uses secure portals and encryption tools when necessary to ensure data in transit is protected. Daniel H. Erskine applies best practice in terms of information security, and adopts a privacy by design approach in developing new systems and processes involving personal data, considering the rights of individuals and the risks involved at the start of projects to make sure to build in suitable controls.
Personal information is retained for Site visitors for at least three years from the date of your last interaction with the Site and in compliance with obligations under applicable laws, or for longer if Daniel H. Erskine is required to do so according to regulatory obligations or professional indemnity obligations, or where Daniel H. Erskine believes it necessary to establish, defend, or protect Daniel H. Erskine's legal rights and interests or those of others. Files and information regarding clients who execute a written retainer agreement or letter of engagement countersigned by Daniel H. Erskine are retained for at least seven years from the date of last interaction with the client, in compliance with obligations under applicable laws, or for longer where required by regulatory obligations, professional indemnity obligations, or where Daniel H. Erskine believes it necessary to establish, defend, or protect Daniel H. Erskine's legal rights and interests or those of others. Daniel H. Erskine may then destroy files without further notice or liability.
Your rights to your personal information may be limited where an overriding legitimate interest or legal obligation to continue to process the personal information, or where the personal information may be exempt from disclosure due to applicable law, the applicable rules of professional conduct, attorney-client privilege, legal professional privilege, other applicable privileges or protections, or professional secrecy obligations. These rights and this GRPR Privacy Notice are limited to EEA member state residents and citizens, they are not applicable to United States citizens residing in the United States.
Certain rights you may have are as follows:
Daniel H. Erskine may make changes to this GDPR Privacy Notice from time to time, to reflect changes in his practices. Daniel H. Erskine may also make changes as required to comply with changes in applicable law or regulatory requirements. Where Daniel H. Erskine materially change this GDPR Privacy Notice, he will take steps to notify you (such as by posting a notice on the Site), and where required by applicable law to obtain your consent.
A Special Notice about Children. Children (under the age of 18) are not eligible to use the Site unsupervised, and Daniel H. Erskine asks that children do not submit any personal information to him. If you are under the age of 18, you may only use this Site in conjunction with, and under the supervision of, your parents or guardians.
No waiver by Daniel H. Erskine of any provision hereof, and no failure by Daniel H. Erskine to exercise any of his rights or remedies hereunder, will be deemed to constitute a waiver of such provision, right, or remedy in the future, or of any other provision, right, or remedy hereunder, unless such waiver is set forth in a written instrument signed by Daniel H. Erskine.
These Terms and Conditions, as modified from time to time by Daniel H. Erskine and accepted by you in accordance with the provisions hereof, constitute the entire agreement between you and Daniel H. Erskine with respect to your use of this Site and the Content. In any dispute between you and Daniel H. Erskine regarding your use of this Site or the Content or regarding these Terms and Conditions, as modified, if applicable, a printed version of these Terms and Conditions, as modified, if applicable, and of any electronic notice given by Daniel H. Erskine to you, will be admissible to the same extent as other documents and communications originally generated or maintained in printed form.
The reproduction or re-transmission of the content of this Site is prohibited without the prior written consent of Daniel H. Erskine.