Site Terms
Notice of Terms of Use Effective July 1, 2006; amended and restated on August 8, 2018
Welcome to https://smallbusinesslawyer.blogspot.com/ (the "Site"). Please read these Terms of Use carefully before using this Site. The Site is offered for your use subject to your acceptance, without modification, of the following terms and conditions (these "Terms and Conditions"). You acknowledge that your use of this Site constitutes your acceptance of and agreement to abide by these Terms and Conditions. These Terms and Conditions may be modified by Daniel H. Erskine at any time, without prior notice, upon posting of the entire amended and restated Terms and Conditions on this Site. Your continued use of this Site following any such modification will constitute your acceptance of such modifications. You may use this Site only for your own personal, lawful, non-commercial purposes. As a condition to your use of this Site, you represent and warrant that you will not use this Site or any of the Content (as herein defined) in violation of any applicable law, in connection with any commercial or for profit enterprise, or in any other manner that would conflict with these Terms and Conditions.
Indemnification
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.
Cookies Policy
The Site uses cookie technology to improve the quality of your experience. A cookie is a small file that contains information sent by a website that is saved on your hard disk by your computer's browser. Cookies store information that a website may need in order to personalize your experience and gather website statistical data. Any time you visit the Site to browse or to read or download information, the Site collects and stores the name of the domain and host from which you access the Internet (for example, msn.com, aol.com, etc.); the Internet protocol (IP) address of the computer you are using; the browser software you use and your operating system; the date and time you access the Site; and the Internet address of the website from which you linked directly to the Site. Daniel H. Erskine may use this information to measure the number of visitors to areas of the Site, and to help him make the Site more useful and interesting to visitors. Information obtained from the use of cookies is in the aggregate to analyze for trends and statistics, and then such information is discarded. Daniel H. Erskine does not track individuals, only instances of entry onto the Site. Some visitors may not know that cookies are being placed on their computers when they visit websites. If you want to know when this happens, or to prevent it from happening, you can set your browser to advise you when a website attempts to place a cookie on your computer; if you choose to block cookies, you may not be able to access all features of the Site (for further information visit www.allaboutcookies.org/manage-cookies/). To improve the Site, this Site collects and uses overall data about your use of the Site from a third-party service, Google Analytics. When visitors use the Site, Google Analytics sets cookies on your browser. The Site does not control the use of these third-party cookies and any concerns should checked with Google's privacy policy. Your use of the Site represents your deemed consent to the use of cookies by this Site or your affirmative action of clicking the pop-up box appearing on this Site. If you do not agree with the terms of this Cookies Policy, as it may be amended from time to time, in whole or part, you must terminate your use of the Site.
Privacy Policy and EU Privacy Notice
Daniel H. Erskine has created this privacy policy to demonstrate his firm commitment to the privacy of the visitors to this Site. Daniel H. Erskine is committed to respecting your privacy and recognizing your need for appropriate protection and management of personally identifiable information you share with him (the phrases "personally identifiable information" and "personal information" mean any information by which you, individually, can be identified, such as your name, address, telephone number, etc.). The purpose of this privacy policy is to inform you when you visit the Site how such information is used, and the choices you have regarding the use of, and your ability to review and correct, your information. In general, you may visit many pages of the Site without telling Daniel H. Erskine who you are or revealing any personal information about yourself. Daniel H. Erskine may track the Internet domain address from which people visit the Site and analyze this data for trends and statistics, but individual users will remain anonymous unless they voluntarily tell Daniel H. Erskine who they are. If you choose to provide information to Daniel H. Erskine through the Site via electronic mail or by completion of a contact form page, you may be asked to provide personal information, including your name, address, postal address and telephone number, your e-mail address, and other identifying information. If you choose to contact Daniel H. Erskine, this additional personal information will be collected to facilitate the provision of professional services, including client services, conflicts checking, and billing. If you believe that any of your personal information is incorrect, or has been changed since your initial contact through this Site, please completely fill out the form by clicking HERE explaining the correction or change.
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 person’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:
Your name, the name of the company you work for (if different) and your job title.
Contact information for you and the company you work for (if different), including address, fax, phone number and email address.
Payment information (including bank account and wire details), billing instructions and preferences (including to whom to direct invoices).
Relevant information to perform conflicts of interest checks.
Relevant information as required by regulatory Know Your Client and/or Anti Money Laundering regulations and as part of client intake procedures. This may possibly include evidence of source of funds, at the outset of and possibly from time to time throughout provision of the Services, which Daniel H. Erskine may request and/or obtain from third party sources. The sources for such verification may include documentation, which Daniel H. Erskine requests from the client or prospective client or through the use of online or public sources or both.
Information that you give to Daniel H. Erskine to provide Services to you, dependent on the scope, content, and duration of the Services together with other information relevant or necessary to provide Services to you.
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:
The right of access: If you ask, Daniel H. Erskine will confirm processing your personal information and, if necessary, provide you with a copy of that personal information (along with certain other details). If you require additional copies, a reasonable fee may be charged.
Your right to correction or rectification: If the personal information held about you is inaccurate or incomplete, you are entitled to request to have it corrected. If you are entitled to have information corrected and if Daniel H. Erskine shared your personal information with others, Daniel H. Erskine will let them know about the rectification where possible. If you ask Daniel H. Erskine, he will also tell you, where possible and lawful to do so, with whom he shared your personal information so that you can contact them directly.
Your right to erasure: You can ask Daniel H. Erskine to delete or remove your personal information in some circumstances, such as where he no longer needs it or if you withdraw your consent (where applicable). If you are entitled to erasure and if he shared your personal information with others, he will let them know about the erasure where possible. If you ask Daniel H. Erskine, he will also tell you, where it is possible and lawful for him to do so, with whom he shared your personal information with so that you can contact them directly.
Your right to restrict or block processing: You can ask Daniel H. Erskine to restrict the processing of your personal information in certain circumstances, such as where you contest the accuracy of that personal information or you object to Daniel H. Erskine. If you are entitled to restriction and if he shared your personal information with others, he will let them know about the restriction where it is possible for us to do so. If you ask us, we will also tell you, where it is possible and lawful for us to do so, with whom we have shared your personal information so that you can contact them directly.
Your right to data portability: You have the right, in certain circumstances, to receive a copy of personal information Daniel H. Erskine obtained from you in a structured, commonly used and machine readable format, and to reuse it elsewhere or to ask him to transfer this to a third party of your choice.
Your rights in relation to automated decision-making and profiling: You have the right not to be subject to a decision when it's based on automatic processing, including profiling, if it produces a legal effect or similarly significantly affects you, unless such profiling is necessary for entering into, or the performance of, a contract between you and Daniel H. Erskine.
Your right to withdraw consent: If Daniel H. Erskine relies on your consent (or explicit consent) as the legal basis for processing your personal information, you have the right to withdraw that consent at any time.
Your right to lodge a complaint with the supervisory authority: If you have a concern about any aspect of Daniel H. Erskine's privacy practices, including the way he handled your personal information, you can report it to the relevant supervisory authority.
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.
Third-Party Hosting Company. Daniel H. Erskine contracts with a third party to maintain and host the Site. Therefore, any information you submit, including personal information, will be placed and stored on a computer server maintained by this third-party host. The third party has agreed to implement technology and security features and strict policy guidelines to safeguard the privacy of your personal information from unauthorized access or improper use. The following privacy policy for the third-party host, viewable here, applies to this Site in additional to this Site's Privacy Policy.
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.
Non-Waiver
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.
Entire Agreement
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.
Welcome to https://smallbusinesslawyer.blogspot.com/ (the "Site"). Please read these Terms of Use carefully before using this Site. The Site is offered for your use subject to your acceptance, without modification, of the following terms and conditions (these "Terms and Conditions"). You acknowledge that your use of this Site constitutes your acceptance of and agreement to abide by these Terms and Conditions. These Terms and Conditions may be modified by Daniel H. Erskine at any time, without prior notice, upon posting of the entire amended and restated Terms and Conditions on this Site. Your continued use of this Site following any such modification will constitute your acceptance of such modifications. You may use this Site only for your own personal, lawful, non-commercial purposes. As a condition to your use of this Site, you represent and warrant that you will not use this Site or any of the Content (as herein defined) in violation of any applicable law, in connection with any commercial or for profit enterprise, or in any other manner that would conflict with these Terms and Conditions.
Indemnification
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.
Cookies Policy
The Site uses cookie technology to improve the quality of your experience. A cookie is a small file that contains information sent by a website that is saved on your hard disk by your computer's browser. Cookies store information that a website may need in order to personalize your experience and gather website statistical data. Any time you visit the Site to browse or to read or download information, the Site collects and stores the name of the domain and host from which you access the Internet (for example, msn.com, aol.com, etc.); the Internet protocol (IP) address of the computer you are using; the browser software you use and your operating system; the date and time you access the Site; and the Internet address of the website from which you linked directly to the Site. Daniel H. Erskine may use this information to measure the number of visitors to areas of the Site, and to help him make the Site more useful and interesting to visitors. Information obtained from the use of cookies is in the aggregate to analyze for trends and statistics, and then such information is discarded. Daniel H. Erskine does not track individuals, only instances of entry onto the Site. Some visitors may not know that cookies are being placed on their computers when they visit websites. If you want to know when this happens, or to prevent it from happening, you can set your browser to advise you when a website attempts to place a cookie on your computer; if you choose to block cookies, you may not be able to access all features of the Site (for further information visit www.allaboutcookies.org/manage-cookies/). To improve the Site, this Site collects and uses overall data about your use of the Site from a third-party service, Google Analytics. When visitors use the Site, Google Analytics sets cookies on your browser. The Site does not control the use of these third-party cookies and any concerns should checked with Google's privacy policy. Your use of the Site represents your deemed consent to the use of cookies by this Site or your affirmative action of clicking the pop-up box appearing on this Site. If you do not agree with the terms of this Cookies Policy, as it may be amended from time to time, in whole or part, you must terminate your use of the Site.
Privacy Policy and EU Privacy Notice
Daniel H. Erskine has created this privacy policy to demonstrate his firm commitment to the privacy of the visitors to this Site. Daniel H. Erskine is committed to respecting your privacy and recognizing your need for appropriate protection and management of personally identifiable information you share with him (the phrases "personally identifiable information" and "personal information" mean any information by which you, individually, can be identified, such as your name, address, telephone number, etc.). The purpose of this privacy policy is to inform you when you visit the Site how such information is used, and the choices you have regarding the use of, and your ability to review and correct, your information. In general, you may visit many pages of the Site without telling Daniel H. Erskine who you are or revealing any personal information about yourself. Daniel H. Erskine may track the Internet domain address from which people visit the Site and analyze this data for trends and statistics, but individual users will remain anonymous unless they voluntarily tell Daniel H. Erskine who they are. If you choose to provide information to Daniel H. Erskine through the Site via electronic mail or by completion of a contact form page, you may be asked to provide personal information, including your name, address, postal address and telephone number, your e-mail address, and other identifying information. If you choose to contact Daniel H. Erskine, this additional personal information will be collected to facilitate the provision of professional services, including client services, conflicts checking, and billing. If you believe that any of your personal information is incorrect, or has been changed since your initial contact through this Site, please completely fill out the form by clicking HERE explaining the correction or change.
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 person’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.
Third-Party Hosting Company. Daniel H. Erskine contracts with a third party to maintain and host the Site. Therefore, any information you submit, including personal information, will be placed and stored on a computer server maintained by this third-party host. The third party has agreed to implement technology and security features and strict policy guidelines to safeguard the privacy of your personal information from unauthorized access or improper use. The following privacy policy for the third-party host, viewable here, applies to this Site in additional to this Site's Privacy Policy.
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.
Non-Waiver
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.
Entire Agreement
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.
