Fairfield and Woods, P.C. Privacy Policy
Last Updated: February 6, 2025
Fairfield and Woods, P.C. respects your privacy and is committed to protecting your personal data. This privacy policy (“Privacy Policy”) describes the types of information we collect from you in the normal course of business, including when you use our website (“Website”), the ways in which we collect information from and about you, and how we may use such information. This Privacy Policy may be amended from time to time. When we do, we will post the revised policy on this page on the Website with a new “Last Updated” date.
THIS PRIVACY POLICY INCLUDES BINDING INDIVIDUAL ARBITRATION FOR DATA SUBJECTS IN CERTAIN LOCATIONS THAT AFFECTS YOUR RIGHTS TO SUE UNDER THIS POLICY.
Collection of Information. In the normal course of our relationship with you, it is possible that we may collect personal data about you, such as contact information, names, titles, addresses, email addresses, phone numbers, countries of residence, banking information, credit card information (if you pay an invoice or a retainer via our Website) and other personally identifiable information (“Personal Information”), as well as business information and website browsing information, from the following sources:
- Information we receive from you in communications, meetings, or in writing;
- Information about your transactions with us or others;
- Information we may receive from third parties, including (in very rare cases) from credit reporting agencies; and
- Cookie information from your visits to our Website. Cookies are small text files that are placed on your computer or mobile device when you browse websites that can recognize you when you revisit the site, and can identify your browser information, IP host addresses, etc.
The Website is not directed at children and we do not knowingly collect Personal Information from children. Children should not send any Personal Information to us via the Website.
Use of Information. We may use such information for the following purposes: transactions between our firm and you (i.e., billing and payment for services rendered), conflict checks, compliance, administration of the Website, to process your requests and answer your inquiries (or otherwise communicate with you), the continuation of our firm’s business and the provision of legal services, marketing and business development, matter management, sending of newsletters and/or legal advisories and updates, consolidation of information relating to clients and vendors, matters incidental to the purposes of the uses set out above, and other legitimate and lawful purposes, where permitted by applicable local law.
We use cookies in connection with our Website for limited purposes. Cookie information helps us make our website work in a more user-friendly way and improves the speed and security of the site. Cookies may also allow us to gather data about our website, such as the number of visits, most visited pages, etc. You may disable or refuse to allow cookies, but that might limit the accessibility and functionality of the Website.
What are Cookies and How Cookies are used. Cookies are small text files that are placed on your computer or mobile device when you browse Websites that can recognize you when you revisit and remember certain information about you. This can include pages you have visited, choices you have made from menus, any specific information you have entered into forms, and the time and date of your visit. These cookies allow us to distinguish you from other Website users, which helps us to enhance the user’s experience and improve our Website functionality.
We use cookies in connection with our Website for limited purposes. Cookies may also allow us to gather data about our Website, such as the number of visits, most visited pages, etc. Cookies also help with the following:
- Make our Website work in a more user-friendly way;
- Improve the speed and security of the site; and
- Allow you to share pages with social networks like Facebook.
We do not use cookies to:
- Collect any personally identifiable information (without your express permission);
- Collect any sensitive information (without your express permission);
- Pass data to advertising networks;
- Pass personally identifiable data to third parties; or
- Pay sales commissions.
Our Website uses two types of cookies to improve the functionality of our site and to deliver many of the features that make your browser experience more user-friendly. These are described in more detail below.
1. Our own cookies We use cookies in ways that help our Website function more effectively. These cookies tell us:
- Whether you have visited us before or are a new visitor; and
- Your search settings, which help us to understand which areas of the website are of greatest interest to you.
These cookies are required for the operation of our Website. If you do not want these cookies to be set, you should not access or use our website for any purpose.
2. Social Website Cookies
Our website contains links to Facebook, Twitter and other similar social media sites that enable you to “Like” or share the content of our website with other people via social media. When you use these “share” buttons, a third-party cookie is installed. The privacy implications on this will vary from social network to social network and will be dependent on the privacy settings you have chosen on these networks.
Granting us permission to use cookies. By clicking the “I agree” button or by continuing to use our Website after you have received this cookie notification, you give us your permission to use cookies. However, removing or changing settings may limit the accessibility and functionality of our website, which means that it may not work as you would expect.
More Information About Cookies. You can usually switch cookies off or disable or refuse to allow cookies by adjusting your browser settings. Doing so, however, might limit the accessibility and functionality of the Website. For more detailed information about cookies, including how to disable cookies, see www.allaboutcookies.org.
It may be that your concerns around cookies relate to so called "spyware." Rather than switching off cookies in your browser you may find that anti-spyware software achieves the same objective by automatically deleting cookies considered to be invasive.
Our Website and service offerings may also collect information from you, both passively and actively. For instance, we might also collect information passively in our emails or through our apps. We may also collect information passively in connection with third parties – some of which will have the same access to information via their built in integrations that rely on some data sharing to function. For example, to get purchase information from affiliates, we may gather information passively on their platforms. Tools we use include browser “cookies”, “Pixels” and “Web Beacons”.
“Pixels” and “Web Beacons” (also known as web bugs, pixel tags or clear .gifs) are tiny graphics with a unique identifier that may be included on our services for several purposes, including to deliver or communicate with cookies, to track and measure the performance of our services, to monitor how many visitors view our services, and to monitor the effectiveness of our advertising. Unlike cookies, which are stored on the user’s hard drive, Web Beacons are typically embedded invisibly on web pages or in an e-mail. Sometimes, including but not limited to in the case with Meta Pixels, the pixel may embed a JavaScript in the HTML code of our website which may intercept, track, and store your interactions with it. Note we do not have control over Meta or other similar company’s practices and beyond not interacting with our Website, such matters need to be managed with Meta directly and may require you not have a social media account at all to prevent any activity. Meta’s pixel practices are, arguably, fairly invasive and can involve assigned ID numbers, activity logs, off-Facebook activity, etc. Beyond not making use of our Website or services, we encourage you can contact Meta with any objections to these practices.
Social media widgets such as the Facebook “like” button and LinkedIn’s “share” button or other interactive mini-programs may be on our Website. These features may collect your IP address, which page you are visiting on our Website, and may set a cookie to enable the feature to function properly. These social media features are either hosted by a third party or hosted directly on the Website. Your interactions with these features are governed by the privacy policy of the company providing it.
Protection of Information. We make reasonable efforts to protect Personal Information and do not disclose any Personal Information about our clients or former clients to any third party, except (i) as may be required by applicable law, (ii) in connection with the legal services we render to them, or (iii) if prior permission is obtained. We do not sell, rent, distribute or otherwise make Personal Information commercially available to any third party.
We maintain reasonable physical, electronic and procedural safeguards to guard your Personal Information. We restrict access to Personal Information about our clients to our personnel who need to have the information to provide services to you. This may include providing access to third party service providers. For example, we may outsource information and document management, office support, technology and IT services, word processing, photocopying, and translation services. Where we outsource functions associated with servicing clients to third party service providers, we have agreements in place with such third party service providers together, where applicable, with technical and organizational measures to protect the confidentiality and security of any Personal Information shared with them.
While we make reasonable efforts to protect Personal Information, information communicated to us via the Website may not be secure. Please do not send via the Website any electronic communications or general inquiries that contain confidential or sensitive Personal Information.
We do not store or retain your Personal Information or client files (whether in paper or electronic form) for any longer than is reasonably necessary or required by applicable laws. Files may be destroyed at any time after the expiry of the applicable retention period, except those files you ask to be delivered to you.
Right to Access and Other Rights. Subject to applicable law (for example, if you are located in the European Union with rights under the General Data Protection Regulation), you may have one or more of the following rights with respect to Personal Information: the right to request access to such information; the right to request correction of such information; the right to request deletion or erasure of such information; the right to request restrictions on our processing or use of such information; the right to object to our use under certain circumstances; the right to withdraw consent under circumstances when consent is required for any use of such information, and the right to obtain such information in portable form. If you have any concerns relating to your data privacy or the use or possession of your Personal Information, please contact us at privacy@fwlaw.com in the first instance as we may able to resolve any concerns. In certain circumstances in any European Union member state, you may have the right to lodge a complaint with the applicable data protection authority.
You may opt-out of receiving marketing mailings or emails, as well as legal updates or advisories, from us at any time by contacting us at privacy@fwlaw.com. Please note that there might be a brief delay between when you submit your request to "opt-out" and when it is processed and reflected in our systems; accordingly you may continue to receive communications from us for a limited time after you unsubscribe.
Links to Third Party Sites. Our Website may contain links to other websites. Please be aware that we are not responsible for the privacy practices of other websites and by linking to such websites we are not endorsing their content or practices. We encourage you to be aware when you access any such third party links and to read the privacy policies of each website that you access.
Acknowledgment and Consent. By accessing and using the Website and by providing any Personal Information (including any sensitive Personal Information) to us via any means (whether through the Website and/or email addresses and/or any other contact mechanisms), you acknowledge that you have read and accept this Privacy Policy and you consent to our use of your Personal Information in accordance with this Policy. Please do not send us any Personal Information if you do not want that information to be used by us in the manner set out in this Privacy Policy. Please do not access or use our Website for any purpose if you do not agree to this Privacy Policy. We reserve the right to terminate or limit your access to our Website.
By using our Websites, you agree that, to the fullest extent permitted by law: (1) any and all questions, controversies, claims and causes of action arising out of or connected with the construction, validity, interpretation, and enforceability of this Privacy Policy shall be resolved exclusively by means of arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, in Denver, Colorado, and shall be resolved individually, without resort to any form of class action or representative action, and you agree that you shall not seek to aggregate any claims with other individuals; (2) OUR LIABILITY ARISING IN CONNECTION WITH THIS NOTICE WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF $1,000.00 AND SHALL BE FURTHER LIMITED TO ACTUAL DAMAGES EQUAL TO OR LESS THAN SUCH AMOUNTS, RESPECTIVELY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WE SHALL NOT BE LIABLE FOR, AND YOU WAIVE ALL RIGHTS TO CLAIM ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR ATTORNEYS’ FEES ARISING OUT OF THIS PRIVACY POLICY, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED (EVEN IF YOU OR ANY OF YOUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), AND TO RECOVER OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, NOR SHALL AN ENTRANT BE ENTITLED TO RESCIND THIS AGREEMENT NOR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Claims shall be heard by a single arbitrator. The place of arbitration shall be Denver, Colorado. The arbitration shall be governed by the laws of the State of Colorado without giving effect to any choice of law or conflict of law rules of the State of Colorado or of any other jurisdiction. Depositions shall be limited to a maximum of three per party and shall be held within twenty days of the making of a request. Additional depositions may be scheduled only with the permission of the arbitrators, and for good cause shown. Each deposition shall be limited to a maximum of seven hours duration. Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within ninety (90) days of filing and awards rendered within one hundred twenty (120) days. The Arbitrator shall agree to these limits prior to accepting appointment. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The prevailing party shall not be entitled to an award of attorneys’ fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.
Contact Information. If you have any questions, requests, or need further information about our privacy practices, please contact cspurr@fwlaw.com.