Any [GREEN] highlighted language is intended to be filled in by the user. Any [YELLOW] highlighted language is considered optional or conditional by the attorney community. Consult with an attorney before using this document. This document is not a substitute for legal advice or services. Refer to our Terms of Service for more details.
UpCounsel Full Privacy Statement
Effective February 1, 2014
UpCounsel is committed to protecting the privacy of individuals who visit our Website (“Visitors”) or individuals who register to use the Service (“Users” or “You”). This Privacy Statement describes UpCounsel’s privacy practices in relation to the use of our Website and Service.
For your convenience, UpCounsel offers a quick outline of our full Privacy Statement.
UpCounsel Privacy Statement Outline
What information does UpCounsel collect?
For more information about UpCounsel’s information collection practices, please click here.
How does UpCounsel use or share personal information?
For more information about UpCounsel’s use of information collected, please click here.
What kinds of cookies does UpCounsel use or set?
For more information about UpCounsel’s policies on handling cookies, please click here.
How does UpCounsel deal with government or law enforcement requests?
For more information about UpCounsel’s policies on compelled disclosure, please click here.
How does UpCounsel communicate with me, and how can I change my user information?
For more information about managing communications you receive from UpCounsel and instructions for updating information provided when registering for the UpCounsel’s services, please click here.
How can I contact UpCounsel?
Questions regarding UpCounsel’s Privacy Statement or information practices should be directed to firstname.lastname@example.org.
1. Information we collect
Becoming a User: You may visit our Website without creating an account, but you will not have full access to our Service. Visitors who wish to use the Service must create an account, thus becoming a User. To create an account, Users must either provide UpCounsel with personal contact information, such as name and email address; sign in to UpCounsel via LinkedIn’s authentication service (please see Section 5, “Gathering and protecting the information we collect,” for details about this form of authentication).
Information collected about Users: Either form of account creation may create “User Personal Information,” which is any information about a User which could, alone or together with other personally-identifying information, personally identify him or her. UpCounsel collects User Personal Information only with your consent. User Personal Information may include information you provide us directly, such as your email address, or information we collect through your use of our Services, such as your preferences or your search terms. User Personal Information may include, without limitation, your name, your email address, your billing address, your credit card or banking information, your State Bar number (for attorney Consultant Users), your profession, your business or industry, your photograph, and other personal information you wish to provide.
We only gather the information you give us access to, and we only use it as described below. We only collect the minimum amount of personal information necessary or appropriate to fulfill the purpose of your interaction with us.
User Personal Information does not include aggregated, non-personally identifying information. You may refuse to supply personally-identifying information, however, that refusal may prevent you from using UpCounsel’s Service.
No information about children: UpCounsel does not knowingly collect information from, or direct any of our content specifically to, children or teenagers under the age of 18. If you are under 18, you may not create an account and you may not send us any personal information without parental consent. If we learn or have reason to suspect that a User of our Service is under the age of 18, we will promptly delete any personal information in that User's account.
Location-based data: UpCounsel also makes use of location-based data for our Website. If you allow these services, we will ask you to enter your general location. We use this information to provide services to you, not to identify you. If you choose not to allow UpCounsel to access your location, some functionality may not be available to you.
Confidentiality and Job Postings: In order to access the Service, Job Posters may post certain information via an online Job Form or by speaking with an UpCounsel employee. This information may include, among other things, a description of the Job Poster’s business and legal question. This posted Job will be viewed by those Consultant Users who have access to view posted Jobs and may be viewed by UpCounsel employees to ensure quality control and provide technical support. Jobs posted privately will only be visible to one Consultant User and one Job Poster, but will also be visible to UpCounsel employees. Therefore, no Job is confidential. Please do not share sensitive information via the Service.
2. How we use the information we collect
To provide the services you request: UpCounsel uses User Personal Information to perform and provide the Services you request. For instance, we use User Personal Information to allow Job Posters to select the best Consultant User for their needs; facilitate communication between Consultant Users and Job Posters; and simplify invoicing and billing for Jobs. We use location-based data to allow Consultant Users to bid on Jobs in their local area and jurisdiction. We also use User Personal Information to populate online profiles.
To communicate with Users: UpCounsel may also use User Personal Information to communicate with Users. For instance, UpCounsel may use information you provide to send you information regarding our Services, such as promotions or events; to provide you with technical support; to solicit feedback about our Service; or to notify you if our policies change.
To improve our Service: UpCounsel may use aggregated, non-personally identifying information gathered from our web server to operate, improve, and optimize our Website and Service.
3. How we share the information we collect
In general: We do not disclose User Personal Information outside UpCounsel, except as described below or in Section 6, “Compelled Disclosure.”
With your consent: UpCounsel may share User Personal Information with your consent, to perform services you have requested, including displaying the information you have chosen to share in order to post or bid on a Job.
To our employees and providers: UpCounsel discloses User Personal Information only to those of our employees, contractors, and affiliated organizations that (a) need to know that information in order to process it on our behalf or to provide or improve our Service, and (b) that have agreed not to disclose it to others, in accordance with this Privacy Statement. These organizations may include our email service providers or our payment processors. Some of those employees, contractors, and affiliated organizations may be located outside of your home country; by using UpCounsel’s Service, you consent to the transfer of such information to them. Please see Section 5, “Gathering and protecting the information we collect,” for more details.
No advertising: UpCounsel does not share, sell, rent, or trade User Personal Information with third parties for their promotional purposes.
No third-party tracking: UpCounsel does not permit third-party tracking across our Website or Service.
Do Not Track: Do Not Track (DNT) is a privacy preference you can set in your browser if you do not want web services to collect information about your online activity. There is currently no universal standard for sending and receiving DNT signals. While UpCounsel has not implemented a DNT method and does not respond to your browser’s DNT setting or other similar mechanisms, we do not track your online activity on other web services and we do not permit third-party services to track your activity on our site. If a universal DNT standard is adopted, we may revisit this policy.
General information about Users: UpCounsel may disclose aggregated, non-personally identifying information about how our Users, collectively, use our Service, so that we may share general information about our Service, such as stats about the average cost of legal services.
Temporary cookies: UpCounsel uses temporary, or “session-based,” cookies, which are removed when you close your web browser or reboot your computer or device. We use session-based cookies to provide services to you while you navigate our website; remember that you are logged in during your visit; keep track of your progress as you post or bid on a Job; and increase website security.
Persistent cookies: UpCounsel uses permanent, or “persistent,” cookies, which remain stored on your computer or device until deleted, or until they reach a specified date of expiration. We use persistent cookies to enable our website to remember you each time you visit our website; keep track of your preferences in relation to your use of our website; and allow you to log in without re-entering your password every time you visit.
The cookies UpCounsel sets are essential for the operation of the Website, or are used for performance or functionality. By using our Website, you agree that we can place these types of cookies on your computer.
Google Analytics: UpCounsel uses Google Analytics to help improve our Users’ experience. Google Analytics uses both session-based and permanent cookies to collect information about how our Website performs and how our Users use the Website and Service. The Google Analytics tool helps us evaluate and monitor Users’ use of our Website, compile statistical reports on activity on the Service, and improve our content. It may collect more information than UpCounsel collects. Google stores the information these cookies generate.
UpCounsel will not, nor will we allow any third party to, use the Google Analytics tool to track our Users; collect any User Personal Information other than IP address; or correlate your IP address with the identity of any User. Google provides further information about its own privacy practices and allows the ability to opt out of Google Analytics tracking here.
You may disable your browser or device’s ability to accept cookies, but if you do, you will not be able to use UpCounsel’s Services.
5. Gathering and protecting the information we collect
Industry standards in data security: UpCounsel takes all measures reasonably necessary to protect User Personal Information from unauthorized access, alteration, or destruction; maintain data accuracy; and help ensure the appropriate use of User Personal Information. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.
No responsibility for providers’ security: In addition, while we take all measures reasonably necessary to ensure that our affiliated organizations, such as our payment processing services, keep your information confidential and secure, these organizations' practices are ultimately beyond our control. By using our Service, you acknowledge that you understand and agree to assume these risks.
OAuth, in general: UpCounsel makes use of the industry standard OAuth authentication protocol. OAuth is a simple, secure process that allows you to grant UpCounsel access to your accounts on third party networks without sharing the passwords to those accounts. Using OAuth, the data you choose to share is securely transferred without revealing your login information. OAuth also allows you to verify that an application acting on your behalf is doing so only with the permissions you have granted it. Most social networks, such as LinkedIn, Twitter, Facebook, and Google, allow applications to access user accounts via the OAuth process. OAuth functions using authentication tokens, which will expire after a period of time and may be revoked.
6. Compelled Disclosure
UpCounsel discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of UpCounsel, third parties, or the public at large.
In complying with court orders and similar legal processes, UpCounsel strives for transparency. When permitted, we will make a reasonable effort to notify Users of such disclosure.
7. Your access to and control of the information we collect
Access to User Information: As an UpCounsel User, you may access, update, alter, or delete your basic User profile information by editing your user profile or contacting email@example.com.
Data retention: UpCounsel will retain User Personal Information for as long as your account is active or as needed to provide you services.
Deletion of User Information: If you wish to cancel your account, delete your User Personal Information, or request that we no longer use your information to provide you services, please contact firstname.lastname@example.org. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile within 30 days.
Control of communications from us: UpCounsel may occasionally send Users an email to tell you about new features, solicit feedback, notify you of important changes, or just keep you up to date with what’s going on with UpCounsel and our products. You may manage your receipt of these communications by clicking on the “unsubscribe” link located on the bottom of UpCounsel’s emails or manage your notifications options in the “Settings” panel of your User Profile. Additionally, you may send a request specifying your communications preferences to email@example.com. Please note that if you do opt out of promotional mailings, we may send you important administrative emails, such as notices that affect your rights.
8. Changes to this Privacy Statement
Although most changes are likely to be minor, UpCounsel may change its Privacy Statement from time to time, and in UpCounsel’s sole discretion. We will provide notification to Users of material changes to this Privacy Statement through our Website at least 30 days prior to the change taking effect by posting a notice on our home page or sending a notice to the primary email address specified in your account. Non-material changes will take effect immediately. We encourage visitors to frequently check this page for any changes to our Privacy Statement.
9. Contacting UpCounsel
Questions regarding UpCounsel’s Privacy Statement or information practices should be directed to firstname.lastname@example.org.