Privacy Policy

This Privacy Notice and Terms of Use was last updated on February 8, 2018 (“Effective Date”).

IMPORTANT PRIVACY NOTICE AND TERMS OF USE

Ellenoff Grossman & Schole LLP (“EGS,” “us” or “we”) provides this website to advertise and promote our services to the public.  As explained below, we collect certain information from you, which can include your personal information at times, when you interact with our website for marketing and advertising purposes.  By using our website, you consent to our collection and use of information as explained in this Notice.

By using our website or submitting information to us through our website or by email, you consent to our collection and use of your information as explained in this Privacy Notice.  Also, if you continue to use our website or submit information to us through our website or by email after we have posted a revised version of this Notice you consent to our collection and use of your information in accordance with such revised Notice.

Collection of Information

EGS collects non-personally identifiable information from you regarding your usage of our website (“Non-Personally Identifiable Information”).  Non-Personally Identifiable Information may include, without limitation, website pages viewed, time spent viewing webpages, clicks on webpages, browser type, computer operating system, server location, cookies existing on your computer, frequency of your visits to our website, connection speed, sites visited before visiting our site, date and time of visits to our site, and other information which does not specifically identify you.  EGS also collects IP addresses, which are normally associated with the place from which you log onto the Internet, such as your Internet service provider, your company or your university.  We collect this information by using cookies.  

“Cookies” are pieces of information, usually in the form of a small text file, that may be placed on your computer by a website for the purpose of facilitating and enhancing your communication and interaction with that website, enabling certain features (such as auto login or remembering your selected preferences such as language), and collecting information.  First party cookies are cookies placed on your computer by the site you are visiting, and third party cookies are cookies placed on your computer by third parties while you are visiting a site.  You can set your browser to not accept cookies or to delete or “flush” cookies when you close your browser.  However, doing so may cause certain features of our website not to function properly without cookies. 

EGS also collects information from you when you view and interact with our website which may enable us to identify you personally (“Personally Identifiable Information”).  We may receive this information from you directly if you send us an email through the EGS website, or Google, as explained below.

We will use information we collect about you for the purpose of responding to any inquiries or comments you send to us, send you updates or news announcements about our firm, evaluating your use of our website, compiling reports on website activity for us and providing us with other services relating to website activity and Internet usage.  We may also transfer this information to third parties where required to do so by law, regulation, legal process or governmental request, or where such third parties process the information on our behalf.  If our business merges with another or we are acquired by another business, we may also have to transfer your information to the other business we merge with or that acquires us.  We will not associate your IP address with any other data held by us.  By using our website, you consent to the processing of data about you in the manner and for the purposes set out in this Privacy Notice.

We use Google Analytics, which uses first party cookies to report on your interactions with the EGS website.  Google Analytics collects information including, but not limited to, the time of each of your visits to the EGS website, whether you have visited the EGS website before, what site referred you to the EGS website, and what pages you viewed on the EGS website.  If you wish to learn more about how Google Analytics collects and processes data, you may visit the following URL www.google.com/policies/privacy/partners/ (“How Google uses data when you use our partners' sites or apps”).  If you wish to opt-out of Google Analytics, please see our “Opt-out Policy” below.

In addition, we employ Remarketing with Google Analytics, which uses cookies from third-party vendors such as DoubleClick to enable them to serve ads based on your past visits to our website.  Through this service, we receive a report on which websites our targeted advertising appeared (“Advertising website”) as well as the referring website.  If you click on one of our targeted advertisements, we will receive additional information about you, including but not limited to, the IP address of the computer from which you access the Advertising website and content that you viewed on the Advertising website featuring our advertisement.  

Use of Information

You consent to our use and disclosure of any information submitted to us via the EGS website, or information collected when you access the EGS website in any manner permitted by law.  EGS will use Personally Identifiable Information: (1) to respond to your inquiries or comments or for the purposes for which you have provided such information; (2) to market our products and services to you; (3) to provide services, products, or other information requested by you; (4) to enable our vendors and contractors to provide and assist us in the marketing, operation, troubleshooting and analysis of our website and other services; and (5) to engage in any other lawful activities we believe are consistent with the foregoing or this Privacy Notice.  We may provide any of these services through third parties, which may necessitate sharing Personally Identifiable Information with them.

EGS may also use and disclose Personally Identifiable Information: (1) to investigate and help prevent potentially unlawful activity or activities that threaten the integrity of our website, employees, clients, equipment, or network; (2) to protect and defend our rights or property or the rights or property of others; (3) as required by courts or administrative agencies; (4) and in connection with a financing, sale, merger, or reorganization of EGS’s business or assets.  Any successor to EGS would acquire the information we maintain, including Personally Identifiable Information, and may alter the terms of this Privacy Notice and Terms of Use.

E-Mails

Any electronic communication sent to EGS may not be secure at all times and thus may be disclosed.  Accordingly, please do not send sensitive or confidential information electronically if you do not want it to be disclosed.  In addition, the sending of electronic mail to any lawyer or other contact/address identified on our site does not create an attorney/client relationship between you and us, and the contents of any such e-mail are not privileged, unless the sender is a current client of EGS and the communication is sent pursuant to an attorney/client relationship with us.

Third Party Websites and Services

The EGS website may contain links to other websites and services not maintained by EGS.  In addition, other websites and services may also reference or link to the EGS website.  Please note that our Privacy Notice does not govern or apply to any third party websites, but is applicable only to the EGS website.  Accordingly, if you leave our site, even by clicking a link on the EGS website, your visit to and use of the third party website will be governed by that party’s privacy notice, including their use and disclosure of information you provide to them.  We therefore encourage you to be aware when you enter or leave our website, or surf the Internet, and to read the privacy notices of each website and service that you visit.  We do not endorse, screen, or approve, and are not responsible for the privacy practices or the content of, other websites or services.

Opt-out Policy

You may stop or restrict the placement of EGS’s cookies, Google’s cookies and third party cookies on your computer by adjusting your web browser preferences.  You may also clear cookies from your computer voluntarily by deleting or flushing them through a feature in your web browser.  If you do so, you may still use our website, but this may interfere with some of its functionality or features.  You may also wish to use Google Ads Preferences Manager and a Google Analytics opt-out browser add on.  Information on these options is available at:

https://tools.google.com/dlpage/gaoptout/

We are not responsible for removing your Personal Information from the lists of any third party who has previously been provided your information in accordance with this Privacy Notice.

Security

We use reasonable efforts to secure access to Personally Identifiable Information in our possession, but will not be liable for any failure to safeguard such information, whether inadvertent or otherwise.  Personally Identifiable Information is also stored with third parties who have informed us that they also use reasonable efforts to secure access to Personally Identifiable Information, but we will not be liable for the failure of any third party to safeguard Personally Identifiable Information, whether inadvertent or otherwise.

It is also your responsibility to make sure that you keep confidential any of your Personally Identifiable Information that you wish to keep confidential by limiting with whom you share it.  In addition, keeping your other confidential information secure such as login information or passwords is your responsibility and you should not share such information with un-authorized third parties.  You should also be sure to log off any computers or other devices such as mobile devices that may be shared or used with others.

Children’s Privacy Policy

The EGS website is not intended for use by children, especially those under age 13.  No one under age 13 is allowed to use the EGS site, provide any personal information or receive our email distributions.  We do not knowingly solicit or collect Personally Identifiable information from children or teenagers under the age of eighteen.  Minors under the age of 18 must get the permission of their parent(s) or legal guardian(s) before viewing our web site or sending or receiving emails from us.  If you believe that a minor has disclosed Personally Identifiable Information to EGS, please report this to us by sending an email to: ydavis@egsllp.com.

Changes to Notice

We reserve the right, in our sole discretion, to change, modify, add, or remove portions of this Privacy Notice and Terms of Use at any time.  Any changes or updates will be effective immediately upon our posting of the same to the EGS website.  You should review this Privacy Notice and the Terms of Use regularly for changes, and can determine if changes have been made by checking the Effective Date above.  Your continued use of our website following the posting of any changes to this Privacy Notice and Terms of Use means you accept such changes.  

Terms of Use

We reserve the right to terminate or limit your access to the EGS website for any reason and in our sole discretion.  You agree not to modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the EGS website or the rights or use and enjoyment of the EGS website by any other person or entity in any manner.

Disclaimers

Your use and browsing of the EGS website is at your own risk.  Neither EGS nor any other party involved in creating, producing, or delivering the EGS website shall be liable to you for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the EGS website.  Without limiting the foregoing, everything on the EGS website is provided to you “as is” without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.  Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.  Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Nothing contained or published on the EGS website is intended to constitute legal or financial advice nor does constitute legal or financial advice.  If you are seeking legal advice, you must consult with an attorney of our firm or another firm with whom you have established an attorney/client relationship.

EGS assumes no responsibility for, and shall not be liable for, any damage to your computer or other property on account of your access to, use of, or browsing of the EGS website or your downloading of any materials, data, text, images, video, or audio from the EGS website.

While EGS uses reasonable efforts to include accurate and up-to-date information on the EGS website, EGS makes no warranties or representations as to its accuracy.  EGS assumes no liability or responsibility for any errors or omissions in the content of the EGS website.

Indemnification

You agree to indemnify, defend and hold EGS and any of its members, managers, partners, employees, affiliates, service providers, contractors, successors and assigns harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Privacy Notice and/or Terms of Use by you.

EGS reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with EGS in the defense of any such claim, action, settlement or compromise negotiations, as requested by EGS.

Applicable Law and Jurisdiction

The EGS website is maintained in the United States of America.  By accessing the EGS website, you authorize the export of Personally Identifiable Information to and from the USA and its storage by us as specified in this Privacy Notice and Terms of Use.

This Privacy Notice and Terms of Use shall be governed by, construed and entered in accordance with the laws of the State of New York applicable to contracts deemed to be made within such state, without regard to choice of law or conflict of law provisions thereof.  All disputes with respect to this Privacy Notice and Terms of Use shall be brought and heard either in the New York State Courts located in the county of New York, New York, or the federal district court for the Southern District of New York.  You consent to the in personam jurisdiction and venue of such courts.  YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.