Breathe Brand Protection, PLLC
Privacy Policy
Effective Date: November 16, 2022
1. Introduction
The Breathe.Law (and Breathe.Lawyer) website, including its content and associated services (collectively “Website”), is owned and operated by Breathe Brand Protection, PLLC (“Breathe”, “our”, “us”, “we”), a Michigan Professional Limited Liability Company with its principal place of business in Traverse City, Michigan. Breathe has adopted this Privacy Policy (“Privacy Policy”) to inform you that it collects Personal Information when you use the Website and to explain how your Personal Information is used, shared, and stored.
2. Definitions
As used in this Privacy Policy:
“Clients” means individuals that have entered into an attorney/client relationship with Breathe by signing an engagement letter or retainer agreement and paying a fee.
“User(s)” means all individuals that visit and access the Website, including Clients.
“You / Your / You’re” means Users.
“Services” mean legal services provided by Breathe to Clients pursuant to an engagement letter or retainer agreement.
“Personal Information” means any information relating to an identified or identifiable person, such as a name, identification number, location data, online identifier, or factors specific to the physical, psychological, genetic, mental, economic, cultural, or social identity of that natural person. In other words, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
3. What Personal Information Does Breathe Collect?
Breathe may collect the following Personal Information from all Users who email or submit a contact form seeking more information and/or a consultation:
First name;
Last name;
Email address;
Phone number;
Any other information that you upload or submit to the Website.
Breathe may collect the following Personal Information from Clients:
First name;
Last name;
Business name;
Email address;
Billing address;
Phone number;
Payment information;
Any other information that you upload or submit to the Website.
Breathe may collect the following Personal Information from all Users:
Geolocation;
IP address;
Browser and search engine information;
Device information;
Visitor history;
Usage of the Website (i.e. links clicked or pages viewed);
Information stored in cookies; and/or
Analytical data from Google Analytics
4. Where Does Breathe Collect this Personal Information From?
Breathe may collect this Personal Information from sources such as your voluntary submission of Personal Information to the Website or via email; pursuant to an attorney-client relationship; or through the collection and analysis of information concerning your computer and browsing activities, such as with Google Analytics and cookies.
5. What Lawful Basis Does Breathe Have to Process Personal Information?
The lawful basis for Breathe to process Personal Information is through consent; a contractual relationship; legal requirement; or in the legitimate interest of providing the Website and/or Services.
6. How Does Breathe Use Personal Information?
Breathe may use Personal Information to:
Contact and communicate with you through email or telephone;
Enable your use of the Website;
Provide you with Services;
Improve algorithms;
Measure service usage;
Develop new features;
Advertise Breathe’s Website and Services;
Provide you with technical service and support;
Aggregate information for analysis, demographic profiling, and/or targeted advertising;
Process payments; and/or
Prevent and detect illegal activities or violations of the Terms of Use;
7. With Whom Does Breathe Share Personal Information?
Breathe may share your Personal Information with the following third-parties:
Clio (privacy policy here);
Squarespace (privacy policy here);
Google, including Google Analytics (privacy policy here)
8. Why Does Breathe Share Personal Information?
Breathe may share your Personal Information with third-parties in the following circumstances:
· When Breathe has obtained your consent;
· When necessary to provide you with the Website and/or Services;
· When necessary to enter engagement letters and/or retainer agreements with Clients;
· When necessary to process payments for Services;
· When necessary to respond to requests by government authorities;
· When demanded by court order, subpoena, or other legal obligation;
· When needed to protect Breathe; and/or
· When need to help prevent against fraud or the violation of any applicable law, statute, regulation, ordinance, or treaty.
9. What Cookies Does Breathe Use?
The Website utilizes Cookies. “Cookies” are defined as small blocks of data created by a web server while a user is browsing a website and placed on the user’s computer or other device by the user’s web browser. Breathe uses Cookies and similar technologies to enable the Website to recognize your browser and to provide certain features.
Below is information on the different categories of Cookies and how you may opt-out of the same:
Required Cookies: These Cookies are required for the Website to function properly and cannot be opted-out of.
Functional Cookies: These Cookies allow the Website to remember User’s site preferences and choices. Breathe uses Google Analytics to collect Cookies and help analyze how the Website is used; the number of Users; and what pages Users visit. To learn more about safeguarding your data for websites using Google Analytics, visit here. To opt-out of our data collection by Google Analytics, you can download and install a Google Analytics opt-out browser add-on here. To learn more about how Google Analytics Cookie Usage on the Website visit here.
Targeted Advertising Cookies: Breathe may use cookies to curate targeted advertising – specifically through the use of Google Analytics and Google AdWords – which serve as a tool to acquire new clients who are looking for Breathe’s Services. To learn more about How Google uses cookies targeted in advertising, visit here. To adjust your Google Ad Settings and learn how opt out of particular targeted advertising visit here or the Network Advertising Initiative opt-out page here.
General Cookie Opt-Out Instructions:
Cookies can most frequently be managed by consulting and updating your individual browser settings. You can adjust your individual browser settings by visiting these pages:
For other browsers not listed, please consult the documentation that your browser manufacturer provides.
10. Where and How Long Does Breathe Store Personal Information?
Your Personal Information is stored on computers and servers located in the United States. Through your use of the Website and Services, you consent to the storage of your Personal Information. You understand that your Personal Information may be transferred to – and maintained on – computers located outside of your state, country, or governmental jurisdiction. Website Users understand and agree that if they provide Breathe with Personal Information that it is stored indefinitely, unless the User contacts Breathe to have their Personal Information removed from storage.
11. How Does Breathe Secure Personal Information?
Breathe uses standard technology to store and help prevent against unauthorized disclosure of your Personal Information. Though we undertake commercial reasonable efforts to protect your information, no website, software, or online service is completely safe. You provide all Personal Information at your own risk.
Breathe uses specific security measures, such as Secure Sockets Lock (SSL) protocol, which encrypts information you input at 128-bit strength. Breathe’s use of SSL is indicated by the “https://” at the beginning of the Website’s domain.
12. How to Stop Breathe from Having Personal Information?
You can stop Breathe from collecting, using, sharing, and/or storing your Personal Information by contacting Breathe at the email provided below and requesting that Breathe stop collecting, using, and/or storing your Personal Information.
13. General Data Protection Regulation (“GDPR”)
Under the General Data Protection Regulation (“GDPR”), Users located in the EU have certain rights with respect to their Personal Information collected by us on the Website. EU Users’ rights under the GDPR include:
Right of Access: This includes the right to obtain from us your Personal Information and whether it is being processed, along with the purposes of the processing; categories of Personal Information concerned; recipients to whom your Personal Information has been disclosed; the period for which your Personal Information is being stored; and the right to lodge a complaint.
Right of Rectification: This includes the right to correct inaccurate Personal Information collected and/or stored by us.
Right of Erasure: This includes the right to have your Personal Information deleted. However, fulfilment of your request may prevent you from using the Website and/or Services.
Right to Restriction of Processing: This includes the right to request restriction of how and why your Personal Information is used or processed by us.
Right to Data Portability: This includes the right to receive your Personal Information in a structured, readable format and the right to have your Personal Information transferred.
Right to Object: This includes the right to object to us processing your Personal Information for reasons such as direct marketing purposes and for scientific or historical research or statistical purposes.
Right to not be Subject to Automated Decision-Making: This includes the right to not be subject to a decision based solely on automated processing, including profiling, that could have a legal, or similarly significant, effect on you from being made solely based on automated processes.
14. California Consumer Privacy Act (“CCPA”)
Under the California Consumer Privacy Act (“CCPA”), Users that are California residents have the following rights as it relates to their Personal Information:
Right to Know About Personal Information Collected, Disclosed, or Sold: You have the right to request that Breathe disclose what Personal Information of yours it collects, uses, and discloses over the past twelve (12) months.
Right to Have Personal Information Deleted: You have the right to request that Breathe delete any of your Personal Information that we collected from you.
Right to Opt-Out of the Sale of Personal Information: Breathe does not sell Personal Information and never will.
Right to Non-Discrimination: Breathe shall not discriminate against California resident Users for exercising their rights under the CCPA.
To exercise your rights under the CCPA, you may submit a request to Breathe by contacting the email located below. Breathe will verify this request by cross-referencing other Personal Information on file.
Under California’s “Shine the Light Law,” California residents also have the right to receive information that identifies any third-party companies or individuals that Breathe has shared your Personal Information with in the previous calendar year, as well as a description of the categories of Personal Information disclosed to that third party. You may obtain this information once a year and free of charge by contacting Breathe at the address below.
15. Children’s Online Privacy Protection Act (“COPPA”)
The Website is not intended for or directed toward Users under the age of 18, and Breathe does not knowingly collect Personal Information from children under the age of 13. If you are concerned that a minor’s Personal Information may have been inadvertently provided to or collected by Breathe, please contact us so we can remove such information from Breathe’s database.
16. Third-Party Services and Links
All third-party services utilized, referenced, and/or featured by Breathe on the Website have their own independent privacy policies governing the use of your Personal Information. Breathe encourages you to read those privacy policies carefully. You understand that if Breathe deletes your Personal Information that it may still be available in a third-party’s database. Breathe has no responsibility or liability for the Personal Information collection, use, or storage activities of these third-parties, including any communications sent to Users by these third-parties.
17. User Obligations
When using the Website, you are obligated to inform Breathe of any changes to your Personal Information.
18. Integration
Breathe’s Terms of Use Agreement is hereby integrated into this Privacy Policy. Together, the Terms of Use and Privacy Policy form one agreement.
19. Modification
Breathe reserves the right, in its sole an absolute discretion, to modify, limit, change, discontinue, or replace the Website or this Privacy Policy at any time. Your continued use of the Website after said modification, limitation, change, or replacement constitutes your manifestation of asset to the same.
20. Notices
All questions, concerns, and/or notices regarding this Privacy Policy may be submitted to Breathe at:
Breathe Brand Protection, PLLC
ATTN: Mallory King
229 Fairlane Dr.
Traverse City, MI 49684