Legal

Privacy Policy.

What information Modern Mark collects, how it is used, and your rights.

Effective date: June 14, 2024

We at Abrams Law Group PLLC d/b/a Modern Mark (“us”, “we”, or “our”) greatly value your privacy. We’ve put together this Privacy Policy (“Policy”) so that you can understand what information we collect from you, what we do with this information, and your rights as to how this information is used.

APPLICATION

This Policy applies to information collected by us on the following, collectively the "Platforms":

  • On www.modernmarklaw.com, any mobile website or application (app), or social media platform or channel related, linked, or otherwise connected to the same (our “Website”);
  • Via any periodic email, text, or chat messages via this Website;
  • Via any direct contact with us on this Website or through our affiliated social media platforms; and
  • When you interact with our advertising and applications on third-party websites and platforms, and such applications or advertising includes links to this Website.

This Policy does not apply to information collected:

  • Offline or through any other means, including on any other website that may be operated by us or any third party (including our affiliates); and
  • By any third party, including our affiliates, that we may link to or make accessible on the Website.

By visiting the Website and/or Platforms you agree to be bound by the terms of this Policy, our Terms of Use, and any other agreements that may govern your use of the Website or Platforms (collectively, the “Agreements”).

IF YOU DISAGREE WITH ANY PART OF THESE AGREEMENTS, THEN YOU MAY NOT ACCESS OR USE THE WEBSITE OR THE PLATFORMS IN ANY WAY.

INTENDED AUDIENCE

The Website and the Platforms are intended for US-based individuals that are over the age of 18. Minors are explicitly prohibited from submitting their personal information (as defined below) or otherwise engaging with the Website and the Platforms.

SUMMARY OF IMPORTANT POINTS IN THIS POLICY

  • Personal Information. We may collect and process personal information when you visit and/or use our Website or the Platforms. What we collect depends on how you interact with the Website and Platforms, the choices you make, and the features you use. We do not collect any sensitive information.
  • Use of Your Information. We may use your information to provide, improve, and manage our services, communicate with you for any number of reasons, ensure security and fraud prevention, and comply with any legal obligations we may have. We only use your information when we have a valid legal basis to do so.
  • Information Sharing. We may share your personal information in specific situations with certain authorized third parties, such as service providers, business partners, and legal authorities.
  • Your Rights. Depending on where you’re located, you may have certain rights regarding your personal information, such as accessing, correcting, or deleting your data. You can exercise those rights by emailing us at hello@modernmarklaw.com. We’ll review and respond to any requests in accordance with applicable data protection laws.
  • Information Security. We take measures to protect your personal information. However, no method of electronic transmission or storage is completely secure, and we can’t guarantee absolute security.

YOUR INFORMATION: HOW IT IS COLLECTED AND HOW WE ARE USING IT

1. Personal Information Provided By You.

While you are using our Website or the Platforms, we may collect certain information, which may be used to contact or identify you (your “Personal Information”). This Personal Information may include, but is not limited to Your:

  • Name;
  • Email;
  • Home or Work Address;
  • Job Title;
  • Telephone Number;
  • Website(s);
  • Social Media Names;
  • Credit Card or Bank Information;
  • Contact Preferences; and/or
  • Any other identifiable information you provide to us.

You are not required to provide any Personal Information to view this Website or the Platforms. However, this information is required if you want to:

  • Join our mailing list;
  • Access some of the Website Resources (as such term is defined in the Terms of Use);
  • Participate in any webinars or trainings we may offer;
  • Be eligible for any promotions, contests, or giveaways we may have;
  • Receive communication from us;
  • Set up any type of consultation, Legal Power Hour, Strategy Session, or other appointment with us; and/or
  • Purchase our services.

We may collect your Personal Information directly from you when you:

  • Fill out a form on the Website for any purpose, including, but not limited to: Contacting us
  • Joining our mailing list
  • Leaving a comment or a review
  • Opting into any free Resources we are giving away
  • Accessing any Website files or protected areas
  • Signing up for a webinar, training, or masterclass
  • Participating in any contest, promotion, or special offer
  • Participating in any survey
  • Scheduling a consultation, Legal Power Hour, Strategy Session, or other appointment

Directly communicate with us on the Platforms, whether in a group or through direct/private message or chat; and/or

Communicate with us through our Website chat feature, if available.

We may also indirectly collect your Personal Information from:

  • Publicly available data;
  • Joint marketing partners;
  • Affiliate programs;
  • Our Third-Party Vendors (as they are identified below in Paragraph 1 of Section titled “HOW AND WHEN WE SHARE YOUR INFORMATION WITH THIRD-PARTIES”), if you provided this information to them; and/or
  • Your internet browser or Third-Party Web Tracking Technology (as identified below in Paragraph 2 of this Section), but only to collect your IP address.

Maintaining the privacy of your Personal Information is of the utmost importance to us. Unless otherwise stated in this Policy or permissible under another agreement between you and us, we will never share your Personal Information with anyone. We only use your Personal Information for:

  • User management purposes, including, but not limited to: Creating and managing user accounts;
  • Enabling user-to-user communications;
  • Posting testimonials or reviews; and
  • Requesting user feedback.

Communication purposes, including, but not limited to:

  • Responding to your questions or comments;
  • Sending you administrative updates;
  • Sending requested mailing list updates;
  • Partaking in a requested consultation, discovery call, or other appointment; and/or
  • Otherwise communicating with you.

For service delivery purposes, including, but not limited to:

  • Delivering intended services to you;
  • Fulfilling purchase orders for our offered services; and/or
  • Responding to technical inquiries or offering support.

For marketing, advertising, or promotional purposes, including, but not limited to:

  • Marketing our services to you;
  • Promoting our special offers;
  • Administering contests, prize draws and competitions, if you elect to partake; and/or
  • Collecting testimonials from you. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial.

For Website protection and legal purposes, including, but not limited to:

  • Responding to legal requests and preventing harm. Please see Paragraph 6 of the Section titled “HOW AND WHEN WE SHARE YOUR INFORMATION WITH THIRD PARTIES”;
  • Keeping our Website and our services safe and secure; and/or
  • Enforcing the terms, conditions and policies of any Agreements.

For any other lawful business purpose such as improving products, services, marketing, and user experience.

2. Web-Based Activity.

When you visit our Website or receive any digital communications from us, we may automatically collect information about your web-based activity, such as your engagement on our Website and Platforms, as well as your purchasing and web browsing behavior (your “Web-Based Activity Information”). This Web-Based Activity Information may include, but is not limited to Your:

  • Log and Usage Data, which is service-related, diagnostic usage and performance information, such as your: IP address (which is also considered Personal Information);
  • Device information;
  • Browser type;
  • Settings and information about your activity on the Website, including, but not limited to: how you found the Website, when you visited the Website, what pages and files you viewed, what searches and other actions you took, and what features you used; and
  • Device event information, such as system activity, error reports (a.k.a. “crash dumps”) and hardware settings).

Device Data, which is information about your computer, phone, tablet or other device you use to access the Website. Depending on the device used, this device data may include your:

  • IP address (or proxy server);
  • Device and application identification numbers;
  • Location;
  • Browser type;
  • Hardware model;
  • Internet Service Provider and/or mobile carrier;
  • Operating system; and
  • System configuration information.

Location Data, which is information about your device’s location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Website. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling the “location” setting on your device. Please note however, if you choose to opt out, features of this Website may not work properly. For more information on how to opt out of tracking, please see the Section titled “YOUR RIGHTS WITH REGARDS TO OUR USE OF YOUR INFORMATION” below.

Your Web-Based Activity Information is collected and automatically and sent to us by your browser. Some of the technology we use to collect this Web-Based Activity Information includes:

  • Cookies. Cookies are small amounts of textual date that are downloaded to your browser as you visit different websites (or open certain emails). They provide tiny pieces of useful information about your interaction with the website that sets them. Like many sites, we may use Cookies to collect information. We may also use Cookies in our promotional emails to see how you are interacting with these emails. The information collected is not Personal Information (except for your IP address).
  • Web Beacons. Pages of our the Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
  • Social Media Plugins. We use social media features like the Facebook Like button, and widgets like the ’Share This’ button on our Website. Such features may collect certain Personal Information and/or Web-Based Activity Information. If you are logged in on a certain social media platform and you interact with a widget or button belonging to that social media platform, this information may be recorded to your profile of such social media platform. To avoid this, you should log out from that social media platform before accessing or using the Website. Social media features and widgets may be hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy notices of those respective social media platforms. By clicking on one of these buttons, you agree to the use of this plugin and consequently the transfer of personal information to the corresponding social media service. We have no control over how and what information these social media platforms collect.
  • Link Click Redirects.

Additionally, we may acquire some of your Web-Based Activity Information from some of our Third-Party Vendors (as they are identified below in Paragraph 1 of Section titled “HOW AND WHEN WE SHARE YOUR INFORMATION WITH THIRD-PARTIES”), if you provided this information to them.

Unless otherwise stated in this Policy or is permissible under another agreement between you and us, we will never share your Web-Based Activity Information with anyone without your consent. We only use your Web-Based Activity Information for:

  • Website management and user optimization purposes, including, but not limited to: Making improvements to our Website;
  • Understanding which pages and features of our Website resonate the most with our visitors;
  • Store information about your preferences, allowing us to customize our Website according to your individual interests;
  • Speed up your searches; and/or
  • Recognize you when you return to our Website.

For marketing, advertising, and promotional purposes, including, but not limited to:

  • Learning about how you interact with our promotional emails;
  • Analyzing the effectiveness of our marketing campaigns; and/or
  • Delivering communications, advertising and Website content that is targeted specifically to your interests.

For any other lawful business purpose involving improving the Website, products and services, marketing, and user experience.

3. Payment Data.

If you are going to be scheduling a consultation, Legal Power Hour, Strategy Session, or other appointment you may need to provide data necessary to process your payment, such as your credit or debit card number and the security code associated with your payment instrument (your “Payment Data”, which may also be considered your Personal Information).

We do not personally view, collect, or keep any Payment Data. We use Stripe and Confido Legal to process all payments. All your Payment Data is stored by Stripe and Confido Legal. You may find their privacy notices here:

HOW AND WHEN WE SHARE YOUR INFORMATION WITH THIRD PARTIES

We strive to keep all your Personal and Web-Based Activity Information confidential, however sometimes we may need to disclose this information to third parties. Please know that we will never disclose more information than is necessary in any given situation, without your explicit consent. Unless otherwise permissible under this Policy, we do not share, sell, rent, or trade any of your information with third parties for their promotional purposes.

1. Third-Party Vendors.

We may share some of your Personal Information with our Third-Party Vendors who perform services for us on our behalf and require access to such information in order to do such work. We may also allow some of these Third-Party Vendors to use tracking technology on the Website, which will enable them to collect your Web-Based Activity over time. Our current Third-Party Vendors include:

  • Wix
  • Dubsado
  • Calendly
  • Gmail
  • MailerLite
  • Facebook
  • Instagram
  • LinkedIn
  • TypeForm
  • Google Drive
  • Microsoft OneDrive
  • Google Analytics
  • Facebook Analytics
  • Stripe
  • Confido Legal

2. Affiliates.

We may share your information with our “Affiliates”, such as our parent company, any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us.If your information is shared with any Affiliate, they will be required to honor this Policy before any information is shared.

3. Business Partners.

To offer you certain products, services, or promotions, we may share your information with our “Business Partners”, which are companies that we do business with or work with. If your information is shared with any Business Partners, they will be required to honor this Policy before any information is shared.

4. Employees and Independent Contractors.

We may need to share your information with our employees or independent contractors to provide you with customer service, provide requested troubleshooting, manage our business affairs, or for any other legitimate business purpose.

5. Compliance with Law Enforcement or Legal Proceedings.

We may be compelled by legal process (such as a subpoena) to share your information with a governing federal, state, or local enforcement agency or in federal or state court proceedings.

6. Public Disclosure.

Please note that when you voluntarily post your Personal Information on our Website or the Platforms (e.g.: commenting on our social media posts, sharing information during a webinar, etc.) it may be seen, saved and used by other individuals. If this happens, we cannot be held responsible for any unapproved or inappropriate use of such information. Please disclose this information at your own risk!

7. Business Transfers.

As permissible under any relevant law, we may share with and transfer your information to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Abrams Law Group PLLC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding.

OUR LEGAL BASIS FOR USING AND SHARING YOUR INFORMATION

1. Your Consent.

We may use and share your Personal Information if you have given us your clear and unambiguous consent to do so. This happens when you affirmatively enter your information into any form on our Website, or voluntarily engage with us through our Website or on any Platforms.

2. Our Contractual Obligation.

We may use and share your Personal Information if we have a contractual obligation to do so. For example, if you have purchased a service from us.

3. Your Legitimate Interest.

We may use your Personal Information if we believe that you have a legitimate interest in that use. For example, if you opt in to receive one of our free Resources, we may send you marketing emails regarding services or products that we offer that are related to those free Resources.

4. Exercise of Our Legal Rights.

We may use your Personal Information or share it with our retained legal counsel or law enforcement upon our good-faith belief that such use or sharing is:

  • Required to establish, protect and defend our rights, including, without limitation, our intellectual property rights;
  • Immediately necessary to the financial and personal safety rights of our users or the public; and/or
  • Necessary to investigate or respond to any actual or suspected violation of the Agreements.

YOUR RIGHTS WITH REGARDS TO OUR USE OF YOUR INFORMATION

1. You May Control or Limit Our Use of Cookies.

When you first visit our Website you will see a pop-up that will notify you of the fact that we use Cookies, will provide links to this Policy for additional information, and will ask you to confirm your understanding. Your consent to our use of Cookies is NOT required to use our Website or the Platforms. If you do not agree to our use of Cookies you have several options:

  • You can instruct your browser to opt out of all Cookies or limit when a Cookie is being sent. Our Website and Platforms will continue to function if you choose to disable your Cookies; however, it is possible that some functionality may be affected.

Controlling Cookies. You can set your browser to accept or reject all cookies or specific kinds of cookies. For more information, please click here.

Deleting Cookies. You can delete cookies stored on your computer. For more information, click here.

Removing Flash Cookies. Websites that are flash-based may embed Flash Cookies. For more information on removing them, click here.

  • You can stop third-party use of cookies and other tracking technologies. Some content or applications, including advertisements, on the Website are served by third parties, including Third-Party Analytics Technology providers, advertisers, ad networks and/or servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Website. The information they collect may be associated with your personal information or information about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. You may control the information that we receive or stop us from receiving information from these third parties. You will need to contact these third parties and get instructions directly from them to figure out how this can be done. Additionally, there may be browser extensions that can be downloaded that block third-party tracking. Please note, we only have control over the information that we collect, and this information is governed by this Policy. Any information collected by any third-party is subject to that party’s own privacy policy. Additionally, any privacy controls that you have set on any other third-party website or social media platform will not be applicable to our use of the information that we collect on the Website or Platforms.
  • You can activate your browser’s “Do Not Track” feature. Some web browsers have incorporated “Do Not Track” features. Most of these features, when activated, send a signal to the website you’re visiting that you do not want your actions or your data to be tracked. We respect your decision if you want to opt-out of tracking for this website. If you choose to opt-out some features of this site, or future features of this Website may not work properly. You may not be able to share content from this site to social media sites etc. There are no uniform “Do Not Track” standards nor is there a common definition of “tracking”, accordingly we do not recognize or respond to browser-initiated DNT requests.

2. You May Unsubscribe from Emails.

You may unsubscribe from our emails at any time by clicking the “Unsubscribe” link found in the footer of every email that is sent to you (except for emails that were personally sent to you in response to an inquiry).

Please note that in further compliance with the CAN-SPAM Act of 2003, we will never send you deceptive or misleading marketing messages.

Your information is safe with us and unless necessary, we will not share your email address with anyone else. We will also never sell your information to any third-party. Please see the Section titled “How and When We Share Your Information with Third Parties” for additional information.

3. You May Change or Update Personal Information That We Collect.

If you would like to edit any of the Personal Information that we have collected about you, please email us at hello@modernmarklaw.comand let us know what information you would like corrected.

For your added protection we may require that you email us from the email account we have on file and associated with you.

In certain cases we may request additional information to identify you. We may also need to verify your identity and address before we process your request. If this happens, we will ask you to provide a copy of your driver’s license, government-issued ID, passport, or recent utility bill.

Please note that we may refuse your request, based on bona fide legal reasons.

Please allow up to 30 days for us to respond to your request.

4. Special Privacy Rights for Residents of Certain US States.

If you’re a resident of California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Montana, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah, or Virginia, you may have certain rights when it comes to your Personal Information.

As provided in this Policy, we collect certain Personal Information about you when you interact with us through the Website or the Platforms. We may also collect this information in person, online, or by phone or mail when you:

  • Receive help through one of our customer support channels;
  • Participate in a customer survey or contest; and
  • Have any questions or concerns about any of the services we are delivering to you.

We will only keep this information for the time period provided in this Policy.

We will use this information only for the purposes specified in this Policy.

In the last twelve (12) months we may have also shared this information for a business or commercial purpose with one of the third parties specified in this Policy. We will never sell your information to any third party for marketing purposes.

Depending on the state that you live in, you may have certain rights under your state’s data protection laws. However, these rights are not absolute, some may not be applicable to you, and in certain cases, as may be permitted by law, we may decline your request to exercise these rights.

These rights include the right to:

  • Know whether we are using your Personal Information
  • Access your Personal Information
  • Correct your Personal Information if it is incorrect or no longer relevant
  • Request that we delete some or all your Personal Information
  • Obtain a copy of the Personal Information you previously shared with us
  • Not be discriminated against for exercising your rights
  • Opt out of the processing of your Personal Information if it is used for targeted advertising (or sharing as defined under California’s privacy law), the sale of Personal Information, or profiling in furtherance of decisions that produce legal or similarly significant effects (known as “profiling”)
  • Obtain a list of the categories of third parties to which we have disclosed Personal Information to (as permitted by applicable law, including California’s and Delaware’s privacy law)
  • Obtain a list of specific third parties to which we have disclosed Personal Information to (as permitted by applicable law, including Oregon’s privacy law)
  • Limit use and disclosure of sensitive Personal Information (as permitted by applicable law, including California’s privacy law)
  • Opt out of the collection of sensitive data and Personal Information collected through the operation of a voice or facial recognition feature (as permitted by applicable law, including Florida’s privacy law)

Furthermore, California Civil Code Section §1798.83 (the California “Shine the Light” law) permits users of our Website that are California residents to request and obtain from us, once a year and free of charge, information about categories of Personal Information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared Personal Information in the immediately preceding calendar year.

Exercising These Rights.

To exercise these rights, you can contact us by email at hello@modernmarklaw.com, or by referring to the contact details below. If you have a complaint about how we handle your data, we would like to hear from you.

For your added protection we may require that you email us from the email account we have on file and associated with you. In certain cases, we may request additional information to identify you.

We will only use personal information provided in your request to verify your identity or authority to make the request. We will avoid requesting additional information from you for the purposes of verification, if at all possible; however, if we cannot verify your identity from the information that we already have, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We may also need to verify your identity and address before we process your request. If this happens, we will ask you to provide a copy of your driver’s license, government-issued ID, passport, or recent utility bill. We will delete such additionally provided information as soon as we finish verifying you.

Please note, if you are using an authorized agent to make your request, then under applicable law, we may deny any such request it your authorized agent does not submit proof that they have been validly authorized to act on your behalf.

Appeals

Under certain US state data protection laws, if we decline to take action regarding your request, you may appeal our decision by emailing us at hello@modernmarklaw.com. We will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If your appeal is denied, you may submit a complaint to your state attorney general.

INFORMATION RETENTION PERIOD

Unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements, we will only keep your Personal Information for as long as we have an ongoing legitimate business need to process your Personal Information or as long as it is necessary to comply with any of our legal obligations to you, to resolve any disputes, and enforce any of the Agreements.

If you have requested that we alter or delete any of your Personal Information we will honor all legitimate requests.

In the case of our mailing list, you may unsubscribe at any time. As a general principal, we delete email subscribers that have not engaged with our emails for twelve (12) or more months.

In any of the circumstances above, we will either delete or anonymize such information, or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

We do not personally store any Web-Based Activity Information, it is stored by our respective Third-Party Vendors and the retention period varies between each platform. For exact information, you may reach out to these Third-Party Vendors directly.

SECURITY OF YOUR INFORMATION

We take the security of your information very seriously and we use all commercially-reasonable means to protect this information.

Although we will do our best to protect your Personal Information, you should only access the Website within a secure environment, and you agree that you access the Website at your own risk.

We have implemented appropriate internal security measures to prevent your Personal Information from being inadvertently lost, accessed or misused. Your Personal Information is only shared on a “need-to-know” basis, and only with the trusted parties listed in the Section “HOW AND WHEN WE SHARE YOUR INFORMATION WITH THIRD PARTIES” or with our personal legal counsel, as explained in the Section “OUR LEGAL BASIS FOR USING AND SHARING YOUR INFORMATION”.

That said, no method of transmission over the internet or electronic storage method is completely secure and we cannot guarantee that your Personal Information will be kept absolutely secure from hackers, cybercriminals, or other unauthorized third parties who are able to defeat our security, and improperly collect, access, steal, or modify your information, especially when your information is transferred to, stored and processed by our Third-Party Vendors.

If such a data breach occurs, we have internal procedures in place to deal with any such breach and when we are legally required to do so, we will notify you of the same.

THIRD-PARTY SITES

The Website may contain links to third-party web sites and service providers that are not owned or operated by us. The Website may also contain advertisements from third parties that are not affiliated with us and which link to other websites, online services or mobile applications. Any data collected by third parties is not covered by this Policy. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites, services, or applications. You should review the policies of such third parties and contact them directly to respond to your questions.

While we do retain limited control over our Platforms (e.g.: our social media pages and our scheduling apps), and the information you provide directly to us through those Platforms are governed by this Policy, your individual use of any such third-party websites or services is also covered by their own respective privacy policies. We recommend that you review these privacy policies before submitting your information.

CHANGES AND UPDATES TO THIS POLICY

We may, from time to time decide, in our sole discretion, to revise and update this Policy. All changes will become effective immediately when they are posted.

The updated version will be indicated by an updated "Revised" date at the top of this Policy.

If we make material changes to this Policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification.

We encourage you to review this Policy frequently to be informed of how we are protecting your information.

CONTACTING US

If you have any questions or concerns about this Policy or would like to exercise any of your rights under this Policy, please contact us at hello@modernmarklaw.com.