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Terms of Use

Last updated on January 17, 2023

These Terms of Use (“Terms”) apply to your access to and use of the website of Heilbut LLP (“Heilbut” or “we,” “our,” or “us”). By accessing our website, including www.heilbutllp.com, our firm blogs and social media (collectively, the “website”), you are bound by these Terms. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Heilbut LLP for products, services or otherwise.

Privacy Policy.

Please refer to our Privacy Policy below for information on how we collect, use, share and otherwise process information from users of our Services.

Disclaimer and Limitation of Liability.

The contents of this website are provided “as is” without any warranties of any kind. Neither Heilbut nor any of its affiliates, partners or employees, make any representations of any kind, express or implied, with respect to the timeliness, accuracy or completeness of the website or any of the contents herein. We expressly disclaim any liability or warranties, express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. To the fullest extent permitted by applicable law, Heilbut LLP expressly disclaims any liability under any theory of liability – whether based in contract, tort, negligence, warranty or otherwise – for any action, or failure to take action, in reliance on any of the contents of the website. 

Intellectual Property.

Unless otherwise identified, this website and all of its contents are the property of Heilbut LLP or our licensors and are protected by the trademark, copyright and other intellectual property laws of the United States and other jurisdictions. Tradenames, trademarks and service marks of Heilbut include, without limitation, HEILBUT; HEILBUT LLP; the H Logo Design; BUILDING SOMETHING BETTER, TOGETHER; and SERVING INDEPENDENT SPIRITS, all of which are owned by Heilbut and may not be used by you in connection with any product or service.

Limited License.

Subject to your compliance with these terms, you are granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the website for your own informational purposes and to download and print materials from the website for non-commercial informational purposes. Under no circumstance may you reproduce, resell, modify, distribute, transmit or display for commercial advantage any of its contents, or include any part of this website in another work, without the express written permission of Heilbut. To obtain permission to use the contents of this website other than as granted by the foregoing limited license, please contact hello@heilbutllp.com.

Governing Law.

These terms and conditions are governed by and are to be construed in accordance with the laws of the State of New York, without regard to its principles of conflicts of laws.

Privacy Policy

Last updated on January 17, 2023

Thank you for visiting the website of Heilbut LLP (“Heilbut” or “we,” “our,” or “us”). Transparency is important to us, so we are pleased to provide this privacy policy (the “Privacy Policy”) to let you know how we collect and use information provided by visitors to our websites, including www.heilbutllp.com and our firm blogs and social media (collectively, the “website”).

By using the website, you consent to our collection, use and disclosure practices, and other activities as described in this Privacy Policy. If you are a Nevada or California resident, please see the “Additional Disclosures for Nevada Residents” and “Additional Disclosures for California Residents” sections below. If you have any questions or wish to exercise your rights and choices, please contact us as set out in the “How to Contact Us” section below.

This Privacy Policy supplements and is incorporated into our Terms of Use which, together with this Privacy Policy and our Disclaimers, govern your use of the website.

If you have any questions, comments or concerns about this Privacy Policy, please send us an email at hello@heilbutllp.com. 

INFORMATION WE COLLECT AND HOW WE USE IT

Information You Provide

You do not have to provide information to use our website, however, you may choose to provide information to us via the website. For example, certain services which you may subscribe for through our website (e.g., e-mail alerts and updates) may require you to provide information, such as your name, address, e-mail address and other contact information in order to take advantage of the service.

Because it is not possible to anticipate every context in which information might be provided through our website, we can provide no assurance that any information you choose to provide via our website will be maintained as private. You should not submit any information via the website that you consider private or confidential.

When you provide information by making a submission, registering for events or subscribing to receive mailings, we may store such information in Heilbut’s contact database where it may be combined with pre-existing contact information in that database. We use this information to send you the communications you request and/or to respond to your inquiry, and we may also use the information to communicate with you about other topics or events we believe may be of interest to you.

Information We Collect By Automated Means

When you visit our website, our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol address, browser type or the webpage you were visiting before you came to our website, pages of our website that you visit or search, the time spent on those pages, access times and dates, and other statistics.

Like many websites, we use “cookies” to collect information, to enable certain features of the website and to better understand user interaction with the website. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, our website’s customization features may not function, and/or you may not be able to use all portions of the website or all functionality of the website.

Certain pages on our websites may contain “web beacons” (also known as Internet tags, pixel tags and clear GIFs). These web beacons allow us or other entities to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, and the type of browser used to view the page.

Information from Other Sources

We also collect information from other sources, including:

  • Social networks when you engage with our content, reference our website, or grant us permission to access information from the social networks.
  • Publicly-available sources, including data in the public domain.

Additional Uses of Information

In addition to the above-mentioned business purposes, we collect and use information for other business and commercial purposes in accordance with the practices described in this Privacy Policy. Our other business purposes for collecting and using information, including in the last 12 months, include to:

  • Send you technical notices, updates, security alerts, information regarding changes to our policies, and support any administrative messages.
  • Prevent and address fraud, breach of policies or terms, and threats or harm.
  • Fulfill any other business or commercial purposes at your direction or with your notice and/or consent.

INFORMATION WE SHARE

Heilbut shares the information it collects about you in accordance with the practices described in this Privacy Policy or with notice to you and after obtaining your permission. The types of entities to whom we disclose and have shared information, including within the last 12 months, include the following:

  • Service Providers. We engage companies and individuals to perform services on our behalf for business purposes, including, without limitation, to facilitate our website, to perform website-related services or to assist us in analyzing how our website is used. These service providers may have access to your information. These service providers are not authorized by us to use, retain, or disclose the information except as necessary to perform services on our behalf or to comply with legal requirements. We may permit them to use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law.
  • Partners. From time to time, Heilbut may also co-sponsor programs or events, in which case Heilbut may share relevant information (e.g., attendee lists) for purposes of such program or event.
  • Security and Compelled Disclosure. We may also disclose information about you that we have collected via the website to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Heilbut or anyone else, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable.
  • Merger or Acquisition. We reserve the right to transfer information we have about you and that we have collected via the website in the event we sell or transfer all or a portion of our business or assets. Should such a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use information you have provided through our website in a manner that is consistent with this Privacy Policy.

Notwithstanding the above, we may share information that does not identify you (including information that has been aggregated or de-identified) except as prohibited by applicable law. For information on your rights and choices regarding how we share information about you, please see the “Your Rights and Choices” section below.

SOCIAL MEDIA AND TECHNOLOGY INTEGRATIONS

For your convenience and information, we provide links to websites, platforms, and services that we do not control. In addition, we integrate technologies operated or controlled by separate entities into parts of our website. Some examples include:

  • Links. Our website includes hyperlinks to websites, platforms, and other services not operated or controlled by us.
  • Brand Pages. The website provides links to our various social media pages. Any information you provide to us when you engage with our social media content is treated in accordance with this Privacy Policy. Also, if you publicly reference our website on social media (e.g., by using a hashtag associated with Heilbut in a tweet or post), we may use your reference on or in connection with our website.

We are not responsible for the practices employed by websites linked to or from our website nor the information or content contained therein, or products or services that are offered through those sites. The information collected and stored by those entities remains subject to their own policies and practices and we are not and cannot be responsible for the privacy practices of such other sites.

CHILDREN’S PRIVACY

The website is intended for a general audience and is not directed at children under age 13.

We do not knowingly collect personal information (as defined by the U.S. Children’s Privacy Protection Act, or “COPPA”) in a manner not permitted by COPPA. If you are a parent or guardian and you become aware that your child has provided us with information, or we have collected information from your child, in a manner not permitted by law, contact us at hello@heilbutllp.com. We will remove the data to the extent required by applicable laws.

We do not knowingly “sell,” as that term is defined under the California Consumer Privacy Act (“CCPA”), the personal information of minors under 16 years old who are California residents.

STORAGE AND TRANSFER OF DATA

We implement and maintain reasonable administrative, technical, and physical safeguards for the website, which are designed to protect against loss, theft, misuse, or unauthorized access, disclosure, alteration or destruction of the information we collect through the website. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of information about you.

If you are accessing the website from outside of the U.S., please be aware that Heilbut’s website may collect information that may be transferred to, processed, stored, and used in the United States and other jurisdictions. Data protection laws in the U.S. and other jurisdictions may be different from those of your country of residence. Your use of the website or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of information about you in the U.S. and other jurisdictions as set out in this Privacy Policy. 

YOUR RIGHTS AND CHOICES

If you would like to update your contact information or preferences, please contact us by e-mailing us at hello@heilbutllp.com.

Alternatively, when you receive certain electronic materials from us you may make use of any “opt out” provision in such communications so that we know that you no longer wish to receive such materials from us.

To the extent required by law, we provide users with (i) reasonable access to the information they provide through the websites, and (ii) the ability to review, correct and delete such information. To help protect your privacy, we take reasonable steps to verify your identity before granting access to your information.

Google provides tools to allow you to opt-out of the use of certain information collected by Google Analytics at https://tools.google.com/dlpage/gaoptout. Please note that if you opt out using this method, the opt out will only apply to the specific browser or device from which you opt out. We are not responsible for the effectiveness of, or compliance with, any opt out options or programs, or the accuracy of any other entities’ statements regarding their opt out options or programs.

CHANGES TO THIS PRIVACY POLICY

Heilbut may occasionally update or change this Privacy Policy from time to time and without delivering prior notice to you. You may determine if the Privacy Policy has been revised by referring to the “Last Updated” date at the top of the Privacy Policy. We urge you to review our Privacy Policy frequently.

HOW TO CONTACT US

Heilbut welcomes questions and comments about this Privacy Policy, our data practices, or our compliance with applicable law. Please e-mail your question or comment to hello@heilbutllp.com, or write to us at the following address:

276 Fifth Avenue, Suite 704, PMB 17, New York, NY 10001, Attn: General Counsel.

If you have a disability and would like to access this Privacy Policy in an alternative format, please contact us at hello@heilbutllp.com.

ADDITIONAL DISCLOSURES FOR CALIFORNIA RESIDENTS

Shine the Light

Heilbut does not disclose personal information to third parties for those third parties’ own direct marketing purposes.

Notice of Collection

In the past 12 months, we have collected the following categories of personal information enumerated in the CCPA:

  • Identifiers, including name, email address, phone number, and IP address.
  • Internet activity, including your interactions with our website.
  • Employment and education data, including information you provide when you apply for a job with us.
  • Inferences, including information about your interests, preferences and favorites.
  • Government-Issued Identifiers such as Social Security Numbers or Passports, from our individual clients, prospective clients, or others, who are California residents and not representatives of businesses, if and to the extent necessary to provide legal services.

For more details on the information we collect and how we may share it, review the “Information We Collect and How We Use It” and “Information We Share” sections above.

Right to Know and Delete

Consumers who are California residents (and not representatives of businesses, whether those businesses are our clients or others) have the right to know certain information about our data practices in the preceding 12 months. In particular, they have the right to request the following from us:

  • The categories of personal information we have collected about them;
  • The categories of sources from which the personal information was collected;
  • The categories of personal information about them that we disclosed for a business purpose or sold;
  • The categories of third parties to whom the personal information was disclosed for a business purpose or sold; and
  • The business or commercial purpose for collecting or selling the personal information.
  • In addition, in certain circumstances, California consumers have the right to delete the personal information we have collected from them.

To exercise any of these rights, California consumers should email us at hello@heilbutllp.com (using the subject line “California Privacy Rights Request”) or write to us at the following address: 276 Fifth Avenue, Suite 704, PMB 17, New York, NY 10001, Attn: General Counsel. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.

Authorized Agent

You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly.

Do Not Sell My Personal Information

Heilbut does not sell personal information as the term “sell” is defined under the CCPA.

Right to Non-Discrimination

You have the right not to receive discriminatory treatment by us for the exercise of any of your rights.

ADDITIONAL DISCLOSURES FOR NEVADA RESIDENTS

Heilbut does not sell personal information as the term “sell” is defined under Nevada law (NRS 603A.340).

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