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Privacy Policy

By visiting, using and/or submitting information to www.gunster.com, its sub-domains and affiliated sites (collectively “gunster.com”), you are accepting the practices described in this Privacy Policy and the terms and conditions of our Agreement of Terms of Use located at the URL www.gunster.com (the “Terms of Use“).  For purposes of this Agreement and the Privacy Policy, the terms “we,” “us,” or “our” means Gunster, Yoakley & Stewart, P.A.

We have published this Privacy Policy to help you understand how we collect and use your personal information.

Collection of Personally Identifiable Information

Certain features of gunster.com require you to provide personally identifiable information.  Personally identifiable information generally includes information that could be used to determine your identity, such as your name, address, phone number, e-mail address, birth date among other information.  The following are certain situations in which we may collect personally identifiable information from you:

  • Registration. When you register with us, we may ask for personally identifiable information like your e-mail address and birth date.  We collect this personally identifiable information from you.
  • Use of Forums. If you choose to transmit, submit or post information through any forums available on gunster.com, we will collect that information you provide.
  • Forms. We may collect personally identifiable information from you if you choose to fill out any forms, profiles, or surveys on gunster.com.
  • Correspondence. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on gunster.com, we may choose to collect such information about you.
  • Business Partners. We may receive your personally identifiable information from one of our business partners.
  • Other Sources. We may receive and collect information about you from other sources, such as instant messaging services, blogs, newspapers, other users of our products and services and our affiliates.

Use of Personally Identifiable Information

We use your personally identifiable information as follows:

  • to fulfill your requests for certain products, services and information;
  • to contact you and deliver information to you such as administrative notices, offerings, and other communications relevant to your use of gunster.com;
  • to provide you information about seminars, services, events and information offered by us and our affiliates;
  • to analyze site usage, conduct market research, improve marketing and promotional efforts, and improve and customize our content, layout, products and services;
  • to provide customer support and troubleshoot and resolve problems and disputes;
  • for trying to detect and protect against error, fraud or other criminal activity, enforcing our Terms of Use, other internal purposes, and as otherwise described to you at the time of collection; and
  • as otherwise set forth in this Privacy Policy.

You expressly agree to our use of your personally identifiable information as set forth in this Privacy Policy and the Terms of Use.

Disclosure of Personally Identifiable Information

The following describes some of the ways that your personally identifiable information may be disclosed in the normal scope of business:

  • Co-Sponsored Events. Depending on your privacy preferences, we may contact you with information about seminars and other events sponsored by us. Some of these events may be co-sponsored with other organizations. In such cases, we may lend our mailing list to a co-sponsor so that all of the communications regarding the event can be processed centrally.
  • “Email a Friend” Features. gunster.com contains features that allow you to forward information and personal messages to a colleague.  When you use one of these features, we will ask you to provide your name and email address and your colleague’s name and email address. We use this information only to customize and deliver your message.
  • Employment Information. In some cases, you may be able to use gunster.com to search for our job openings and to submit a job application. When you use gunster.com to apply for a job, you will be asked to provide certain personal information, such as your name, address, telephone number, email address, educational background and employment history. You may also send us your résumé and other information relating to your job search or application. We use this information only for recruiting and employment purposes; we do not use it for marketing purposes. If we hire you, the information you provide during the recruiting process will become part of our employee records.
  • Forums.  Any information that you place or submit to be placed within any forum on gunster.com may be disclosed to the public.
  • Advertisers.  We may aggregate personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes.
  • External Service Providers. There may be a number of separate services offered by third parties on gunster.com that we refer to as external service providers and that may be complementary to your use of gunster.com.  We will only provide your personally identifiable information to an external service provider with your consent.  To prevent the disclosure of your personally identifiable information to an external service provider, you can decline such consent or simply not use their services.

Please note that if you choose to use the services of, or disclose information to, an external service provider, then the external service provider’s use of your information is governed by the external service provider’s privacy policy.  You should evaluate the practices of external services providers before deciding to use their services.

  • Internal Service Providers.  We may use third parties that we refer to as internal service providers to facilitate or outsource one or more aspects of our business, product and service operations (e.g., technology, Forums, analytical tools, advertising campaign management) and therefore we may provide some of your personal information directly to these internal service providers.

Please note that if you provide additional information to an internal service provider directly, then the internal service provider’s use of your personally identifiable information is governed by the internal service provider’s privacy policy. You should evaluate the practices of internal services providers before deciding to provide information directly to an internal service provider.

  • Successors in Interest. Your personal information may be transferred to another law firm that succeeds to all or part of our business, for example, if we reorganize our structure or transfer a significant portion of our assets or personnel to another firm. In such event, your personal information will continue to be protected by this Privacy Policy and the privacy preferences you have expressed to us.

Notwithstanding the foregoing, we reserve the right (and you authorize us) to share or disclose your personally identifiable information when we determine, in our sole discretion, that the disclosure of your personally identifiable information is necessary to identify or contact you, or bring a legal action, including against you if:

  • you are or may be violating this Privacy Policy or our Terms of Use;
  • you are interfering with another’s rights or property, including, without limitation, our rights or property;
  • you are violating any applicable law, rule or regulation;
  • necessary or required by any applicable law, rule or regulation; and/or
  • requested by authorities in the event of any act of terrorism or instance of local, regional or national emergency.

Personally identifiable information and other personal information collected from you may also be transferred to a third party as a result of a sale, acquisition, merger, other transfer, reorganization or bankruptcy (a “Transfer“) involving us and/or our affiliates.  We specifically reserve the right to transfer personally identifiable information collected from gunster.com, and any of its databases, together with any personally identifiable information contained therein, to a third party in connection with a Transfer, and nothing in this Privacy Policy is intended to interfere with our ability to transfer all or part of our business and/or assets (including gunster.com) to an affiliate or independent third party at any time, for any purpose, without any limitation whatsoever.

Please note that, although we use security measures to keep your personally identifiable information anonymous, no security measure is perfect or impenetrable. In addition, due to the existing environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy.  By way of example (without limiting the foregoing), we may be forced to disclose personal information to the government or third parties under certain circumstances or third parties may unlawfully intercept or access transmissions or private communications.  Therefore, notwithstanding anything to the contrary within this Privacy Policy, the Terms of Use or gunster.com, you use gunster.com at your own risk and we do not promise, and you should not expect, that your personally identifiable information or private communications will always remain private.

Network Advertising

We may use third-party advertising companies for marketing, advertising and promotional purposes, as well as to serve advertisements to you.  Using third-party advertising companies helps us and third-party advertisers better determine which advertisements or content to serve to you.  For example, the third-party advertisers may use information regarding your visits to gunster.com and other Web sites in order to provide advertisements about goods and services, that third party advertisers believe will be of interest to you.

The types of information that may be collected by third-party advertising companies include the following:

  • the type of Internet browser you use;
  • the type of computer operating system you use;
  • the domain name of a Web site you visit, as well as information related to Web sites and Web pages you are viewing when an advertisement is requested;
  • whether or not you visit specific pages of gunster.com or other Web sites;
  • the location of your Internet service provider’s point of presence;
  • the date and time of a visit to a Web site;
  • search keywords passed from another server;
  • the number of times you have clicked on an advertisement; and
  • other interactions between you and a Web site.

If you would like to opt-out of third-party advertising companies’ use of such information, click here.  If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.

Changes to Personally Identifiable Information and Use Preferences

You may at any time opt-out of our use of your personally identifiable information via our unsubscribe process available at webmaster@gunster.com.  After we process your opt-out request, we will stop using your personally identifiable information.

Please note, however, that after you opt-out of our use of your personally identifiable information, third parties may continue to use any personally identifiable information that may be in their possession and you may still receive offers from third parties.  You must contact these third parties directly to opt-out of their use of your personally identifiable information.  We are not responsible for any third party’s use or failure to stop using your personally identifiable information.

CAN-SPAM Compliance

We send only verified, double-opt-in e-mails, specifically requested by our subscribers. We are fully compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003.

Cookie technology

“Cookies” are alphanumeric identifiers in the form of text files that are inserted and stored by your Web browser on your computer’s hard drive. We, our external service providers, internal service providers, and third-party advertising companies, may set and access cookies on your computer to track and store preferential information about you.  We, and our external service providers, internal service providers, and third-party advertising companies gather anonymous information about you through cookie technology on an aggregate level only.  For example, a third-party advertising company may assign a cookie (and a Web beacon, described below) to you, to limit the amount of times you see a particular advertisement or to help better determine which advertisements to serve to you.  Please note that most Internet browsers will allow you to stop cookies from being stored on your computer and to delete cookies stored on your computer.

Web beacons

“Web beacons”, also called single-pixels (1×1) or clear GIFs, are electronic images that allow a Web site to access cookies and help track marketing campaigns and general usage patterns of visitors to those Web sites.  Web beacons can recognize certain types of information, such as cookie numbers, time and date of a page view, and a description of the page where the Web beacon is placed.  No personally identifiable information about you is shared with third parties through the use of Web beacons.

  • Internal use of Web beacons. We may use Web beacons internally to count users and recognize users through cookies.  Access to cookies helps us personalize your experience when you visit gunster.com.
  • Email. We may include Web beacons in HTML-formatted email messages that we or our affiliates or agents send.  Including Web beacons in email messages helps us determine your interest in and the effectiveness of such emails.
  • External use of Web beacons. We may also use Web beacons externally.  For example, we may report aggregate information about gunster.com users, such as demographic and usage information, to third parties.  We may also include other company’s Web beacons within gunster.com.

Security

We use industry-standard security measures to protect your information.  In the unlikely event that an unauthorized third party compromises our security measures, we will not be responsible for any damages directly or indirectly caused by an unauthorized third party’s ability to view, use or disseminate such information.

Links to Other Web sites

gunster.com may include links to other third party Web sites. Such links are not an endorsement by us of those Web sites and/or the products or services offered there. Third party Web sites may have different privacy policies and we are not responsible for the privacy practices of those third party Web sites. If you click on a link to a third party Web site, we encourage you to check the privacy policy of that Web site, as it may differ substantially from that of this Privacy Policy.

Access and Use of gunster.com

gunster.com is intended to be accessed and used only by adults and is not directed to children under the age of 18. We do not knowingly permit registration of personally identifiable information by anyone under the age of 18.  You hereby agree not to submit any information to us about anyone under the age of 18. We cannot verify that a submission does not constitute information about a person under the age of 18.

Changes to this Privacy Policy

We reserve the right to update, amend and/or change this Privacy Policy at any time in our sole discretion and without notice. Updates to this Privacy Policy will be posted here. Any information we collect from you online is subject only to our most current Privacy Policy. You are encouraged to revisit this Privacy Policy from time to time in order to review any changes that have been made. Our last update was May 11, 2009. Your continued access and use of gunster.com following the posting of any such changes shall automatically be deemed your acceptance of the same.

In the event one part of this Privacy Policy is found to be invalid or unenforceable, such provision shall be struck and the other provisions shall remain valid and enforceable provided that doing so does not render the Privacy Policy meaningless or of no value.

Governing Law; Arbitration

This Privacy Policy is to be governed by and construed in accordance with the internal laws of the State of Florida, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of, or relating to, this Privacy Policy shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Palm Beach County, Florida. You and we shall select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator as a retainer for the arbitrator’s fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.

Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and us, and your and our respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or we be entitled to punitive, special, indirect or consequential damages, and both you and we hereby waive your rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.  The provisions of the Terms of Use, including, without limitation, disclaimers of warranty, limitation of liability and indemnification, apply to this Privacy Policy.

Amendment

We may amend this Privacy Policy at any time by posting the amended terms on gunster.com. All amended terms shall automatically be effective when posted on gunster.com.

Contact Us

You can direct any questions concerning this Privacy Policy to us at the following addresses:

Via e-mail: webmaster@gunster.com

Via U.S. or International Mail:

Gunster, Attorneys At Law
Phillips Point, Suite 500 East
777 S. Flagler Drive
West Palm Beach, FL 33401