Privacy Policy & Terms of Use
Specific information is below about the policy on the collection, use, and disclosure of the personally identifiable information that you provide to us and that we collect from you when you use the Florian.Law Site (“Personal Information”), and your choices regarding the use and sharing of that information, as well as the other terms that govern your use of the Florian.Law Site. We will not use or share Personal Information with anyone except as described in this Privacy Policy and Terms of Use (“Privacy Policy and Terms”), and as permitted by a consent (“Authorization”) signed by you or your legally authorized representative, as applicable.
The Florian.Law Site is intended for use by individuals who are 18 years of age or older. If you are not at least 18 years old, you are not permitted to use this Site to submit information to us. This Privacy Policy and Terms constitute a legally binding agreement between PD Law and you. If you do not agree to the terms of this Privacy Policy and Terms, do not accept this document and do not use the Florian.Law Site or submit any information through it. You have the option to communicate with us via phone, facsimile, or mail.
The Florian.Law Site is intended for use in the United States. Any use outside the United States is at the risk of the user. You may not use the Florian.Law Site in violation of any export laws or data transfer laws.
Note that this Privacy Policy and Terms only applies to the Personal Information that we collect from you directly through the Florian.Law Site.
THE FLORIAN.LAW SITE IS NOT INTENDED TO PROVIDE LEGAL OR MEDICAL ADVICE. DISCUSSION OF LEGAL, MEDICAL, AND HEALTH TOPICS ON THE FLORIAN.LAW SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NEVER BE CONSTRUED AS, OR USED AS A SUBSTITUTE FOR, LEGAL OR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR LAWYER AND HEALTH CARE PROVIDER REGARDING YOUR SPECIFIC LEGAL AND MEDICAL NEEDS AND FOR ANY DIAGNOSIS OR TREATMENT.
Medical Records Release Form
We may decide to assist you in obtaining your medical records and ask you to complete and submit a Medical Records Release Form (“Records Release Form”) on the Florian.Law Site. We will submit this form to all of your doctors that you have listed in this Release Form and ask that they send copies of your medical records to us. Alternatively, we may ask that you print the form and send it to your doctors to request that your medical records be sent to us.
Warning about Email Communications
We want to emphasize that email is generally not encrypted and is not a secure method of communication. This means that there is a risk that Personal Information in emails may be intercepted and read by, or disclosed to, unauthorized parties. IF YOU DO NOT WISH TO ACCEPT THE RISKS ASSOCIATED WITH RECEIVING AND COMMUNICATING YOUR PERSONAL INFORMATION WITH US BY EMAIL, PLEASE DO NOT PROVIDE YOUR EMAIL ADDRESS TO US IN ANY OF THE FLORIAN.LAW SITE FORMS. In that case, our staff will contact you via phone and you can decide how you wish to receive further communications and documents from us. However, by providing your email address to us and agreeing to the terms of this Privacy Policy and Terms, you are indicating that you wish to accept the risk and are consenting to allow us to communicate with you by email. Medical records should be submitted through the secure upload process described previously.
How You Accept the Privacy Policy and Terms
By clicking “I have read and agree to the Florian.Law Site Privacy Policy and Terms of Use” and “Submit” and by using the Florian.Law Site, you agree to the collection, use, and dissemination of the Personal Information you provide through the Florian.Law Site for the purposes outlined in the Florian.Law Site Privacy Policy and Terms of Use. If you do not agree to be bound by and comply with the Privacy Policy and Terms of Use, you may not submit any Personal Information to us through our Florian.Law Site.
When you submit Personal Information to us through the Florian.Law Site, you are representing and warranting to us that you are at least 18 years of age, that you are who you say you are, and that you have the authority to disclose that Personal Information to us through the Florian.Law Site. If you do not have the authority to do so, you may not submit Personal Information to us through our Florian.Law Site. You release Florian, LLP, our shareholders, directors, officers, employees, agents, and customers from any claims and damages, known and unknown, arising out of or in any way connected with your unauthorized submission of Personal Information to us through the Florian.Law Site.
Personal Information We Collect From You and How We Use and Share It
The Personal Information that you may submit to us in the Florian.Law Site Forms include your name, date of birth, phone number, gender, email address, medical records, and general legal and health information and information. It may also include your doctors’ names and contact information, details about your health insurance, and information about your living conditions.
Our Internal Uses
We use your Personal Information to help us evaluate whether you might qualify to participate in certain legal actions, and research Studies, or potentially benefit from a particular Treatment Option. If you appear to qualify, we may send your Personal Information to affiliate law firms, and entities conducting research, or the manufacturer of treatment options. We also may use your Personal Information to contact you to (1) obtain additional information from you that we may need to make such evaluations or to obtain required written authorizations from you that will be needed for your participation in a Study (2) and provide you with information about our office, a Study or a Treatment Option or (3) answer any questions that you may have. We also use your Personal Information for general, legal, medical, and market research purposes, and to promote Treatment Options that might be suitable for your condition. Your Personal Information may be provided to a third party who is conducting a Study so that they can contact you about participating in that Study. You authorize us and any third party with whom we have provided information under this Privacy Policy and Terms of Use to contact you for the purposes outlined in this Privacy Policy and Terms of Use. Information that is protected under the Health Insurance Portability and Accountability Act, as modified, and its implementing regulations (“HIPAA”), if any, will be protected in compliance with those requirements to the extent required under HIPAA.
We may also use your Personal Information for our internal office administration, and to obtain payment for our services from law firms, vendors, or research institutions.
We will store and maintain your Personal Information so that we can review your Personal Information in the future to determine if you are eligible for any potential future litigation, settlement negotiations, or research, and to contact you to discuss your interest in participation. All Personal Information (including medical records) that you send to us, or authorize us to obtain on our behalf, will be stored by Florian.Law in accordance with applicable law. If you later decide that you no longer want us to store your Personal Information and contact you for these purposes, please contact our Privacy Officer at [email protected]
We also use Personal Information as necessary to administer the Florian.Law Site.
Sharing Personal Information
If you submit a Medical Records Release Form at our request, we will share your Personal Information with the doctors and the offices you have listed in the form so that we may obtain your medical records.
If you are eligible for potential litigation or Study and desire to continue the process to become a Plaintiff or Study subject, we may share your Personal Information with an entity conducting the Study or affiliate law firms. We may also share your Personal Information for general, legal, medical, and market research purposes, and to promote or educate you on Treatment Options that might be suitable for your condition. Your Personal Information may be shared with a third party that has Treatment Options that might be appropriate for your condition so that they can contact you to provide you with information or education about those Treatment Options.
We share the Personal Information you provide to the Florian.Law Site with those of our third-party service providers as necessary for them to provide us services to help us to provide and administer the Florian.Law Site and to increase the Florian.Law Site’s functionality. Our contracts with these service providers obligate them to only use and share Personal Information for these purposes.
We will disclose Personal Information where required to do so by law, including pursuant to subpoena and otherwise if we believe that disclosure is necessary to comply with the law. We will disclose Personal Information upon the request of law enforcement or to protect the security or integrity of the Florian.Law Site if we believe that disclosure is required or authorized by applicable law.
We do not share Personal Information with any other third parties except as described in this Privacy Policy.
Collection and Use of Non-Personal/Aggregated Information
When you use the Florian.Law Site, we receive and store certain non-identifiable information. Such information, which is collected passively using various technologies, is not used to specifically identify you. We may use this information and pool it with other information to track, for example, the total number of visitors to Florian.Law Site and the domain names of our visitors’ Internet service providers. The following is additional information about this collection and use of technical information.
Log Data
We may collect information that your browser sends whenever you visit our Florian.Law Site (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, the pages of our Florian.Law Site that you visit, the time and date of your visit, the time spent on those pages and other statistics. We use the Log Data for purposes of providing and improving the Florian.Law Site.
Cookies
Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a website and transferred to your device. We use cookies to collect information in order to improve our Florian.Law Site.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provides information on how to accept cookies, disable cookies, or to notify you when receiving a new cookie.
We may use third-party products, such as Google Analytics, to assist us with the effectiveness of our advertising campaigns on other third-party websites. When you visit a page that uses one of these products, either on our Florian.Law Site or one of one of the sites on which we have placed our advertisements, various cookies may be sent to your browser. These may be sent from a few different domains. These cookies enable us to use other services in conjunction with trusted 3rd party providers to help us to measure the effectiveness of our advertising efforts and these third-party services may send their cookies to your browser and collect information about your use of our Florian.Law Site.
Your California Privacy Rights
Pursuant to California Civil Code Section 1798.83, California residents have the right to request from a business any personal information that a business may have shared with a third party for direct marketing purposes. California residents may submit such requests to [email protected]. We share Personal Information with legal professionals and lawyers and their designees for direct marketing, promotion and educational activities related to potential litigation or settlement that may be suitable for your circumstance. We also share Personal Information with entities that are conducting studies that you may qualify for. We do not otherwise share Personal Information with any third party for direct marketing purposes.
The California Online Privacy Protection Act (CalOPPA) requires us to disclose how we respond to Do Not Track signals set in a user’s browser. The following is information about how we respond to Do Not Track.
- Do Not Track
Internet browsers generally offer a Do Not Track option that relies on technology known as a Do Not Track header that sends a signal to the websites that a user visits to tell the website about that user’s Do Not Track preference. You can usually access your browser’s Do Not Track option in your browser’s preferences. There is currently no industry standard for Do Not Track technology and we are not able to support Do Not Track preferences. However, if you do not wish to be tracked through Google Analytics, then opt out by going to the following link: https://tools.google.com/dlpage/gaoptout.
Security of Personal Information
The security of the Personal Information that you provide to us through the Florian.Law Site is important to us, and we implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.
The Florian.Law Site is Hypertext Transfer Protocol Secure (HTTPS). HTTPS is the protocol over which data is sent between your browser and the Florian.Law Site and the “S” stands for ‘Secure’ meaning that all communications between your browser and the Florian.Law Site are encrypted.
We use reasonable efforts to keep the Florian.Law Site and Personal Information are safe and secure, but you are still using the Florian.Law Site at your own risk. There is no guarantee that the Florian.Law Site is 100% safe and secure. We are not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
Prohibited Use of Florian.Law Site
You agree not to submit any information to through the Florian.Law Site that:
- Is defamatory, libelous, abusive, or obscene, including, without limitation, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law;
- Infringes on the copyright or any other proprietary right of a third party;
- Would invade the privacy of any other person;
- Contains a virus, worm, trojan horse, time bomb, constitutes ransomware, or contains or constitutes any other harmful program or component; or
- Attempts to gain unauthorized access to other computer systems or networks connected to the Florian.Law Site.
Intellectual Property Ownership
Florian, LLP alone (and its licensors, where applicable) shall own all rights, titles, and interests, including all related intellectual property rights, in and to the Florian.Law Site, all content therein (including, but not limited to, the Records Release Form and any questionnaires or information-gathering documents), and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any party relating to the Florian.Law Site or any services provided in connection therewith. You may not remove, alter, or obscure any trademark or copyright notice or any other proprietary notice that appears on or in the Florian.Law Site. Florian, LLP’s name, logo, and the product and service brand names associated with the Florian.Law Site are trademarks of Florian, LLP, and no right or license is granted to use them. All logos, trademarks, service marks, domain names, and trade names appearing on or within the Florian.Law Site (collective “Marks”), whether registered or not, are the sole property of Florian, LLP or their respective owners. You may not use any Marks without the express written permission of Florian, LLP or their owners.
Modifications, Termination, Interruption, and Disruptions to the Florian.Law Site
You agree, confirm, and acknowledge that we may modify, suspend, disrupt, or discontinue the Florian.Law Site whether to all users of the Florian.Law Site or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions. We do not guarantee that the Florian.Law Site will be uninterrupted or that it will be secure, consistent, timely, or error-free.
Disclaimers
We provide the Florian.Law Site for your convenience only. Because of the possibility of human and mechanical error, as well as other factors, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY, REPRESENTATION ABOUT ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS OR FITNESS FOR A PARTICULAR PURPOSE, AND 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.
Limitation of Liability
WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OR INCOMPLETENESS OF INFORMATION, UNAUTHORIZED ACCESS, COMPUTER VIRUSES, MALICIOUS CODE, LOSS OF DATA, COMPATIBILITY ISSUES, OR OTHERWISE. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST DATA. COST TO PROCURE REPLACEMENT SERVICES OR GOODS, OR BUSINESS OPPORTUNITIES) ARISING OUT OF YOUR ACCESS TO OR USE OF OUR Florian.Law SITE, OR ANY ACTS, OMISSIONS, DEFECTS, SECURITY BREACHES, OR DELAYS, REGARDLESS OF THE BASIS OF THE CLAIM OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. If this limitation of liability is not wholly enforceable as drafted, in no event shall damages payable by Florian, LLP or its officers, directors, employees, agents, or owners exceed USD 5.00.
Indemnification
You agree to defend, indemnify, and hold us harmless against any claims, losses, damages, expenses, or costs (including without limitation reasonable costs of litigation such as attorneys’ fees and expert fees) arising from, incurred as a result of, or related to your breach of this Agreement, your unauthorized or illegal use of the Florian.Law Site or the information contained within or transmitted through it.
Changes to This Privacy Policy and Terms
This Privacy Policy and Terms is effective as of October 2024 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on the Florian.Law Site. We reserve the right to update or change our Privacy Policy and Terms at any time and you should check this Privacy Policy and Terms periodically. We will post the effective date of the current Privacy Policy and Terms so that you will have notice of changes. The changes to the Privacy Policy and Terms will apply to all of the Personal Information that we have collected from you on the Florian.Law Site. Your continued use of the Florian.Law Site after we post any modifications to the Privacy Policy and Terms on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy and Terms.
Jurisdiction and Arbitration
This Privacy Policy and Terms will be governed by and interpreted according to the laws of the District of Columbia, Washington D.C., without regard to conflicts of law principles. We and you agree that all disputes and litigation regarding the Privacy Policy and Terms, the Florian.Law Site, and matters connected with its performance or relating to the use of the Florian.Law Site or the relationship between you and Florian, LLP shall be submitted to confidential arbitration in the District of Columbia, Washington D.C, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the District of Columbia, Washington D.C, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Privacy Policy and Terms shall be joined to an arbitration involving any other party subject to this Privacy Policy and Terms, whether through class arbitration proceedings or otherwise. Use of the Florian.Law Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this section.
Limitation on Claims
Any cause of action you may have with regard to the use of Florian.Law Site or the relationship between Florian, LLP and you must be instituted within one (1) year after the claim or cause of action arises or be deemed forever waived and barred. If any court of competent jurisdiction finds any provision of this Privacy Policy and Terms to be unenforceable, such provision shall be enforced to the maximum extent permissible, and the remainder of these Terms shall be separately enforced.
If you have any questions pertaining to this Privacy Policy and Terms, and its contents, please contact our Privacy Officer at [email protected].
Effective Date: 1 October 2024
