Privacy Notice

Winstead PC respects your privacy and aims to protect the personal information we collect and use as part of our business. Our policy with respect to the information that we collect, use, and disclose through this website www.winstead.com (the "Site") as well as in our interactions with you as a job applicant, employee, or a prospective or current client is set forth below.

Personal Data We Collect

We collect personal data about the following:

  • Our current and prospective clients and their staff and employees;
  • Our current and prospective employees;
  • Our service providers and business partners and their staff and employees;
  • Individuals who attend, or express interest in attending, our events or subscribe to newsletters and other email updates we provide;
  • Third parties in connection with client transactions (for example, information about the staff of a company that will be acquired by a client); and
  • Visitors to our website and offices.

Our Purpose for Processing Your Personal Data

  • To provide you with legal advice, representation, or services;
  • To provide marketing information if you subscribe to receive it or if you ask to receive additional information;
  • To administer our services and respond to your requests for information;
  • To manage our business relationship with you, for example, as part of billing and collection;
  • To process submitted resumes and other documentation provided by applicants as part of a job application and the evaluation of those applicants;
  • To enable your participation in events and affinity groups;
  • To confirm your identity and allow us to carry out checks in the interest of security and to prevent fraud;
  • To carry out our obligations under any contracts entered into between you and us;
  • To comply with legal and regulatory requirements that apply to us, enforce our terms and conditions, and protect our rights, privacy, safety, or property, or that of our affiliates, you, or others;
  • To monitor and analyze the performance, operation, and effectiveness of this website; or
  • Other purposes permitted by law or with your consent

We do not share your personal data with any other third party without your consent or as compelled to do so by proper legal processes and do not sell information for advertising or promotional purposes.

How We Collect Your Personal Data 

We collect your data directly from you when you:

  • Provide it to us, or we collect it from third parties as part of providing services to you
  • Apply for employment with us
  • Visit our offices or attend our events
  • Email us directly

Retaining Your Personal Data

We will retain your data for as long as we are obliged, under relevant legislation and regulation, or where no such rules apply, for no longer than it is necessary for our lawful purposes, or until you notify us to delete your data.

Your Individual Privacy Rights 

You have certain rights to object to our processing and/or control of your personal data. You also have the right to see what personal data we hold about you. You can ask us to correct inaccuracies, delete or restrict personal data or ask for some of your personal data to be provided to someone else. These rights are explained in more detail below.

Requests to exercise your rights to your personal data can be made using the contact information detailed below.

EU or UK Citizen

If you are an EU or UK Citizen, you have these rights, subject to certain exceptions and limitations:

  • To be informed: You have the right to be provided with clear, transparent and easily understandable information about how we use your data and your rights. We fulfill this right by giving you this notice.
  • Access to your personal data: You can request access to a copy of your personal data.
  • Right to withdraw and opt-out: You may unsubscribe from our mailing list by contacting us.
  • Right to object: You may object to our processing of your personal data by us, subject to certain exceptions.
  • Rectification: You can ask us to change or complete any inaccurate or incomplete personal data held about you.
  • Erasure: This is also known as “the right to be forgotten,” and this means that you can ask us to delete your personal data where it is no longer necessary for us to use it, you have withdrawn consent (where applicable), or where we have no lawful basis for keeping it or otherwise using it. There are limited exceptions, for example where we need to use the information to bring or defend a legal claim.
  • Portability: You can ask us to provide you or a third party with some of the personal data that we hold about you in a structured, commonly used, machine-readable format. This is limited to personal data you have provided with your consent or in relation to the products you have with us and which we process by automated means.
  • Restriction:
    • You can ask us to restrict the personal data we use about you where: it is inaccurate; you have asked for it to be erased; you have objected to our use of it; or where you need this for the bringing or defending of legal claims.
    • When you have asked us to restrict the use of your personal data, we may still store your information but will not use it further without your consent, unless we need to process it: to bring or defend legal claims; to protect the rights and freedoms of other individuals; or for other important public interest reasons.

EU and UK personal data will be processed under the following lawful bases:

  • Processing is necessary for the performance of a contract or, at your request, to take steps prior to entering into a contract; or
  • Processing is necessary for the legitimate interests of the controller or by a third party, except where such interests are overridden by the interests of the data subject.
  • Processing is necessary for compliance with a legal obligation to which the controller is subject.

Transmission of Information via the Internet

Although we use encryption (https) on our website, the transmission of information via the Internet is not completely secure. While we do our best to protect your data, we cannot guarantee the security of your data transmitted to this Site; any transmission is AT YOUR OWN RISK. Once we have received your information, we will use strict procedures and security features to prevent unauthorized access.

We collect and use other, non-personally identifiable information to administer this Site, determine usage levels, diagnose any technical issues relating to this Site, improve and optimize this Site, improve the security of this Site and to ensure that this Site otherwise functions properly. In other words, we use the information collected through this Site solely for our own internal purposes and to provide you with the requested services through this Site.

Disclosure of Information

We may share your personal information with any member of our corporate group, including our affiliated companies.

We do not disclose, share, sell, rent, lease, license or otherwise disseminate such information to any third party, other than to our vendors and service providers (who are bound by confidentiality and other fiduciary obligations to us regarding the information that we provide to them).

We reserve the right, however, to disclose such information to appropriate third parties:
a) as required by applicable laws, rules and regulations

b) in response to a lawful subpoena or information request from governmental authorities

c) to comply with the legal process

d) to protect, defend and enforce the rights, privacy, safety or property of our firm, individuals affiliated with our firm and other third parties

e) including analytics and search engine providers that assist us in the improvement and organization of this Site

f) in the event that we sell or buy any business or assets, in which case, we may disclose your personal data to the prospective seller or buy of such business or assets

g) if Winstead PC or substantially all of its assets are acquired by a third party, in which case personal data held by it about its clients will be one of the transferred assets

h) as otherwise agreed between our firm and you (or your organization).

Right of Access 

Upon request, and subject to any exemptions which may apply, we will grant you reasonable access to personal information that we hold about you within a reasonable period of time from the date of the request.

Any access request may be subject to a reasonable fee to meet our costs in providing you with details of the information we hold about you.

Additional Information for California Consumers

The following categories of California Consumer Personal Information have been collected and/or disclosed for business purposes by Winstead PC in the past 12 months:

Identifiers (such as contact information, government IDs, cookies, etc.);

  • Personal Information Categories Listed in the California Customer Records Statute (Cal. Civ. Code 1798.80(e)) (such as your name and financial account, driver’s license, social security number, user name and password, health/medical information);
  • Protected classification information (like race, gender, ethnicity, etc.);
  • Commercial information;
  • Internet/electronic activity;
  • Audio/video data;
  • Professional or employment-related information;
  • Education information; and
  • Inferences from the foregoing.

Except as provided in this Notice, Winstead PC does not disclose, sell, rent, or exchange any personal data to or with unrelated third parties.  We may disclose personal information and sensitive personal information in one or more of the categories identified above to:

  • Service providers, including but not limited to third parties that provide website hosting, off-business hour user support, security monitoring and response, professional services, including information technology services and related infrastructure, document review, auditing, benefits administration, hiring and recruitment, and other similar services;
  • Affiliates;
  • Business partners;
  • Legal or government regulatory authorities as required by applicable law; 
  • Other parties as directed by you; and
  • Other parties in connection with a potential business transfer.

In the past twelve (12) months, we have not sold any sensitive personal information or any other personal information we collect to third parties, and we have shared the categories of personal information we collect, as set forth above.

We do not communicate orally, in writing, or by electronic or other means, a consumer’s personal information to any third parties for cross-context behavioral advertising, whether or not for monetary or other valuable consideration.

Rights of California Consumers

The CCPA/CPRA provides a California consumer the following rights, subject to certain exceptions and limitations:

  • The right to request (a) the categories and specific pieces of sensitive personal information and other personal information we collect, use, disclose, and sell about you, (b) the categories of sources from which we collected your sensitive personal information and other personal information, (c) the purposes for which we collect or sell your sensitive personal information and other personal information, (d) the categories of your sensitive personal information and other personal information (if any) that we have either sold or disclosed for a business purpose, and (e) the categories of third parties with which we have shared your sensitive personal information and other personal information;
  • For certain categories of sensitive and other personal information, the right to request a list of what personal information (if any) we disclosed to third parties for their own direct marketing purposes in the past twelve (12) months and the names and addresses of those third parties;
  • The right to request that we delete the personal information we have collected from you or maintain about you;
  • The right to seek information about, and opt out of, any automated decision-making technology (if any);
  • The right to opt out of: (i) our sale(s) and sharing for the purposes of “cross-context behavioral advertising” (if any) of your personal information and (ii) the use and disclosure of your sensitive personal information;
  • The right not to receive discriminatory treatment for the exercise of the privacy rights conferred by the CCPA/CPRA;
  • The right to initiate a private cause of action for data breaches;
  • The right to correct inaccurate personal information; and
  • The right to limit use and disclosure of your sensitive personal information.

Requests to exercise your rights to your personal data can be made using the contact information detailed below.

Changes to this Privacy Notice 

We reserve the right to change this Privacy Notice at any time by posting revisions on this Site. This Privacy Notice is not intended to, and does not, create any contractual or other legal rights.

Contact Us

This website is owned and operated by Winstead PC.  For questions, comments and requests regarding our privacy notice or if you would like to make a privacy request or inquiry, please contact us at privacy@winstead.com or 844-433-6770.