Last Updated: November 15, 2024

This privacy notice (“notice”) describes how Kirton McConkie (the “firm,” “we,” “us," or “our”) collects, uses, shares, and otherwise processes personal data. This notice applies to personal data collected from visitors to our website, clients, prospective clients, suppliers, job applicants, and business acquaintances of the firm. Although this notice applies to personal data collected in the course of our attorney-client relationships, nothing in this notice should be understood as creating an attorney-client relationship. This notice does not limit or otherwise reduce protections resulting from our attorney-client relationships, including confidentiality, attorney-client privilege, attorney work product, or other applicable protection. In the event this notice conflicts with an attorney-client relationship protection, our obligation under such relationship will prevail.

PERSONAL DATA WE COLLECT

We collect the following personal data about you:

We typically collect personal data directly from you. However, we may also collect personal data from our clients, publicly available sources, and other third parties.

USE OF PERSONAL DATA

We use personal data to:

BASIS FOR PROCESSING PERSONAL DATA

Using personal data to: (i) provide legal services necessary to perform our obligations under our contracts with you or our clients; (ii) market our services, administer and improve our website, and administer firm business is necessary for the firm’s business purposes and to pursue the firm’s legitimate interests; and (iii) consider employment applications is necessary for the firm’s business purposes and to comply with legal obligations. We may also process your data (i) when required by law to fulfil a legal obligation; (ii) when you have consented, or (iii) when we have another legitimate interest to collect the personal data.

We do not pass any individual's consent to receive SMS from us to any third party. We do not share phone numbers with third parties for the purpose of allowing those third parties to send SMS.

DISCLOSURE OF PERSONAL DATA

We may disclose personal data with others, such as those with whom you have requested us to share your personal data, contractors and service providers, and other third parties we use to support the firm, including, for example, companies that provide us with technical support and assistance concerning our website, financial institutions who process payments on our behalf, our suppliers, and other third parties who help us administer the services we provide. We may also disclose personal data with 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 the firm’s assets. We may also disclose personal data to comply with a subpoena, court order, law, or legal process, including to respond to any government or regulatory request, or if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the firm, our clients, or others. 

The firm will not sell or disclose personal data to a third party for such third party’s direct marketing purposes.

RETENTION OF PERSONAL DATA

We retain personal data for as long as necessary to fulfill the purposes for which the personal data was collected, as outlined in this notice. Personal data may be retained for longer periods if there are valid legal grounds to retain it. For example, we may be required to retain personal data by law or court order.

SECURITY MEASURES

We implement technical, organizational, and appropriate measures to protect personal data against unauthorized access, loss, improper use or disclosure, or unlawful destruction. However, we cannot and do not provide any assurance that these measures will be sufficient. Please exercise caution when submitting or transmitting personal data.

COOKIES

A cookie is a small file placed on your computer by a website that uses the cookie to store information about your use of the website to help users navigate websites efficiently, as well as to provide information to the owner of the website. When you visit our website, we may place session and/or persistent cookies to improve your experience by recognizing you when you return to the website, such as by assigning a session ID and delivering content. You may refuse to accept cookies by activating the setting on your browser which allows you to refuse cookies. However, if you select this setting, you may be unable to access certain parts of our website. Unless you have adjusted your browser setting so that it will refuse cookies, we will issue cookies when you visit our website.

DO NOT TRACK DISCLOSURE

Certain web browsers may allow you to enable a “do not track” option that sends signals to the websites you visit, indicating that you do not want your online activities tracked. This is different from blocking cookies, as browsers with the “do not track” option selected may still accept cookies. We currently do not honor “do not track” signals. If we do so in the future, we will update this privacy policy accordingly.

YOUR RIGHTS

If you reside in certain jurisdictions, you may have certain rights with respect to your personal data, which may be subject to limitation. These rights include the right to: (i) know the specifics of the personal data we collected, (ii) opt out of receiving marketing communication, (iii) to withdraw consent, (iv) request access to and rectification or erasure of your personal data; (v) obtain restriction of processing or object to the processing of your personal data; and (vi) ask for a copy of your personal data to be provided to them or a third party in machine-readable format.  To exercise these rights, you may contact us as described below.

We will carefully evaluate the information you provided and may ask you for additional details to confirm we are communicating with the correct individual. we may be legally required to collect further information to confirm your identity before acting on your request. The specific information required may vary based on the nature of your request and the type of data involved. In certain instances, we may also need a signed declaration under penalty of perjury confirming you are the individual making the request.

You may also have the right to lodge a complaint about the processing of your personal data with your local data protection authority.

CHILDREN’S PRIVACY

We take our responsibility under the Children’s Online Privacy Protection Act (“COPPA”) seriously. Our websites and services are not designed for or targeted at children under the age of 13, and we do not intentionally collect their personal information. If we find that we have received information from a child under 13, we will take immediate steps to delete it.

DATA TRANSFERS

To provide you with the services you requested, we may have to transfer the personal data to a different jurisdiction, including a jurisdiction that may have less stringent data protection laws than the one in which you reside. 

THIRD-PARTY WEBSITES

Our website may include links to other websites, for example, links to other websites for events hosted by third parties. We do not control the content of such websites, and we are not responsible for the privacy practices employed by their operators. You should review the privacy policy of any website you visit.

CHANGES TO THIS NOTICE

We may update this notice from time to time. When we do, we will revise the “last updated” date at the top of this notice. We encourage you to review this notice frequently to stay informed about our privacy practices.

CONTACT US

If you have questions or concerns about this notice, you may contact us at:

Kirton McConkie
50 E. South Temple, Ste. 400
Salt Lake City, Utah 84111
clientservices@kmclaw.com

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