Privacy Policy

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This privacy policy describes the online and offline information practices of Smith Krivoshey, P.C. (“Smith Krivoshey,” “we,” or “us”).

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Personal Information Collected:

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We collect and process personal information that allows us to identify you as reasonably necessary and proportionate for our specific business purposes. This personal information includes:

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• Contact information, such as your name, postal address, email address, and phone number you provide to us such as when you complete forms available to you on our website.

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• Technical information, such as your Internet Protocol address, device ID, regional geolocation data, the pages of our website you visited, and other information that may be automatically generated when you interact with our website or when you email us.

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• Client information, such as information provided to us by our clients or on our clients’ behalf, so we can provide our clients with services, including legal services, and which may include identification numbers, financial account information such as bank account numbers, or account access information such as usernames and passwords.

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• Employment-related information, such as the names of past employers or job titles, certain non-public education information, or other protected characteristics when applying for jobs with us, or in connection with your receiving employee benefits.

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• We collect other categories of information about you as reasonably necessary for specific business purposes including deidentified, aggregated, or publicly available information.

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How We Collect Your Personal Information

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In the past 12 months, we may have collected your personal information through several sources as reasonably necessary and proportionate for our specific business purposes. These sources include:

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• Directly through you when you actively provided us with personal information, such as contact information, through filling out forms on our website, or through contacting us by mail, email, or other means, to enquire about our services, employment opportunities, or for other reasons.

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• Information you provided to us in connection with your engaging us for our services, including legal services, and certain specific business services, and continued to provide to us in connection with our providing such services to you.

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• Third parties such as internet service providers, data analytics service providers, advertising networks, social networks, and operating systems, automatically through your accessing our website, through cookies, and our other online platforms.

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• Third parties such as our clients, other law firms, recruitment agencies, government entities, financial institutions, or other organizations with which you may have interacted or had past dealings.

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How We Use Your Personal Information

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We use your personal information as reasonably necessary and proportionate for our specific business purposes. In the past 12 months, those purposes may have included:

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• Specific business purposes where you provided your consent for us to use your personal information.

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• Communicating with you, including responding to your requests for information or to notify you of services we provide, employment opportunities, and to provide you with other information that may be of interest to you.

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• Performing services on behalf of our business, including ongoing operations, accounting, administrative, reporting, account maintenance and other processes that are necessary for our business purposes in providing services to you or to comply with legal obligations.

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• Understanding how you use our services and what services you are interested in, to provide you with improved service, including through our website, and to verify and maintain the quality of our website, services, and compliance.

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• Preventing, detecting, or investigating security incidents that compromise the availability, authenticity, integrity, or confidentiality of stored or transmitted personal information, and to resist malicious, deceptive, fraudulent, or illegal actions.

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With Whom We Share Your Personal Information

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• We do not sell or rent your personal information to third parties for monetary or other valuable consideration and have not done so in the past 12 months.

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• In the past 12 months, we may have shared your personal information with our contracted third-party processors or service providers who assist us in the operations of our business, and in providing services to you and our clients, and when required by law. These third parties include:​

  • Information technology and telecommunications service providers, including cloud storage and data storage providers.

  • Litigation support service providers and other service providers to whom we have outsourced certain aspects of the administration of our business and operations.

  • Marketing service providers.

  • Expert witnesses and other consulting experts.

  • Other third parties when necessary or required to comply with laws, including with opposing counsel and with co-counsel in litigation.

  • Cybersecurity service providers.

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• Professional services organizations, including those providing insurance, accountancy, legal, and auditing services.

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How Long We Retain Your Personal Information

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We retain your personal information as long as necessary to fulfil the reasonable and proportionate business purposes for which we collected your information, including to comply with legal, regulatory, tax, accounting, or reporting requirements, and as long as necessary to protect our rights, property, or safety, and to protect the rights, property, and safety of our website’s users, our clients, and other third parties. If you have questions regarding how long we keep specific elements of your personal information, please contact us.

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Security & Data Protection

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We strive to protect our website, systems, and information against unauthorized access, use, modification, and disclosure.  However, we cannot guarantee the security of the information we process or prevent all manners of intrusion or attack by third parties.

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Information collected passively as you use our website

Smith Krivoshey, P.C. does not intend to collect or process passive data obtained from website visitors.  However, it is nonetheless possible that, as a result of typical website operations or of functionalities installed by vendors involved in the creation of the website, that the website may automatically collect, process and store certain information from you.  Examples of such information could include:

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• Technical information, including the domain and host name from which you access the Internet, the Internet protocol (IP) address used to connect your computer to the Internet, browser type and version, time zone and country setting, browser plug-in types and versions, operating system, and platform.

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• Information about your Site visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our Site (including date and time), services you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.

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• Cookies, web beacons, and similar technologies may be used to distinguish you from other users of our website and enable the automatic collection of information about how you access and use the website, and about the device you use to access our Sites. 

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Notice to California Residents of Your Privacy Rights

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If you are a resident of California, you may have certain rights as a consumer under the California Consumer Protection Act (“CCPA”) as amended by the California Privacy Rights Act (“CPRA”) with respect to your personal information:

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L – Right to Limit the use and disclosure of sensitive personal information: You can direct us to only use your sensitive personal information (for example, your identification numbers or financial account information for limited purposes, such as providing you with the services you requested.

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O – Right to Opt-Out: You may request that we stop selling or sharing your personal information (“opt-out”), including via a user-enabled global privacy control. We cannot sell or share your personal information after we receive your opt-out request unless you later authorize us to do so again.

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C – Right to Correct: You may ask us to correct inaccurate information that we have about you.

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K – Right to Know: You can request that we disclose to you: (1) the categories and/or specific pieces of personal information they have collected about you, (2) the categories of sources for that personal information, (3) the purposes for which we use that information, (4) the categories of third parties with whom we disclose the information, and (5) the categories of information that we sell  or discloses to third parties. You can make a request to know up to twice a year, free of charge.

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E – Right to Equal treatment: We cannot discriminate against you for exercising your CCPA rights.

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D- Right to Delete: You can request that we delete personal information we collected from you and tell our service providers to do the same, subject to certain exceptions (such as if we are legally required to keep the information).

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Right to Request Records Regarding Third Party Direct Marketing Disclosures

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Under California’s “Shine the Light” law, you have the right to request and receive records including a list of your personal information we disclosed to third parties for direct marketing purposes in the preceding calendar year along with a list of the names and addresses of those third parties.

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We will not use or disclose your sensitive personal information except for reasonable and proportionate business purposes such as providing you with the services you requested. We do not knowingly sell or share the personal information of any individuals under 16 years of age.

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If you choose to exercise your California rights, we will not discriminate against you.

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Supplemental Disclosures (EEA)

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Data Controller:

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All data is controlled by Smith Krivoshey, P.C. a US-based Professional Corporation based at 867 Boylston Street, 5th Floor, Boston MA 02116.

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Legal Bases for Processing:

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 Your personal information may be processed for the following purposes:

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• Performance of a contract, where we have entered into a contract with you and need to process your personal data to fulfill our contractual obligations to you (Art. 6 (1) lit. b GDPR/UK GDPR).

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• Our legitimate interests (Art. 6 (1) lit. f GDPR/UK GDPR) for the transfer of your personal data within Smith Krivoshey for internal administrative and support purposes.

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• Compliance with a legal obligation to which Smith Krivoshey is subject (Art. 6 (1) lit. c GDPR/UK GDPR), for example if we are required by law to disclose personal data to law enforcement agencies, or governmental authorities.

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• Our legitimate interests for the purposes of exercising our legal rights or defending legal claims.

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• Our legitimate interests (Art. 6 (1) lit. b GDPR/UK GDPR) for the transfer of your personal data in connection with a transfer of all or part of our organization or assets which are the following: the orderly transition of all or part of our business.

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• Our legitimate interests to protect and defend the rights or property of us or third parties, including enforcing agreements, policies, and terms of use, and in an emergency including to protect the safety of our employees or any person which are the following: to protect the property, rights, and safety of any person and to prevent fraud. 

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• To the extent permitted by applicable law, processing of your information with your consent to said processing (art. 6 (1) lit. a GDPR/UK GDPR) for marketing and advertising purposes.

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Data Transfer:

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Smith Krivoshey is based in the United States and all operations and supporting data are processed within the United States. As a result, any personal information processed that originates from outside the United States may be transferred to the United States for purposes described in the Privacy Notice above.

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Your Privacy Choices:

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If you are in the European Economic Area (EEA), you have the following rights with respect to your personal information:

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• Right of access to your personal information – You may request a copy of the personal information that we have collected about you in the preceding 12 months.

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• Right of rectification – You may request that your personal information be updated for accuracy.

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• Right of portability – You may have the right to receive personal data concerning you, which you have provided to us, in a structured, commonly used, and machine-readable format and you may have the right to transmit that personal data to another entity without hindrance from us.

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• Right of deletion of your personal information – You may request that we delete personal information that has been collected about you.

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• Right to opt out of personal information selling or sharing – You may request that we do not sell or share your personal information.

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• Right to restrict processing of your personal information – You may request that we do not process your personal information for any purposes not necessary to fulfill services you have requested of us.

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• Right to non-discrimination – You are entitled to non-discriminatory treatment, regardless of your choice to invoke any data subject rights.

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• Right to withdraw consent – You may choose to withdraw consent for the processing of your personal (if such consent has previously been given in the past). Note that this may preclude further products or services from being available, as many legal services offered require a certain amount of personal information processing to fulfill.

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To request the fulfillment of any data subject rights regarding your personal information, please contact us via email or telephone as shown at the end of this Policy.

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How to Submit a Request or Contact US

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• For any questions regarding this policy or to exercise your rights, you or your authorized agent may email us at info@skclassactions.com or call us using the following number: 617-377-7404.

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• We may update this policy from time to time. Please continue to check this policy periodically for changes, we will indicate the date of the latest updates