Privacy Policy for SMS Services
Effective Date: 3/1/2025
1. Introduction and Scope
This Privacy Policy ("Policy") explains how Botelho Law, PLLC ("we," "us," "our," or the "Firm") collects, uses, discloses, and protects the personal information of individuals ("you" or "users") who use our SMS (short message service) communication services ("SMS Services"). This Policy applies exclusively to personal information collected and processed through our SMS Services, including both outbound and inbound SMS communications, client notifications, appointment reminders, and any other SMS-based interactions between the Firm and its clients or prospective clients.
2. Personal Information We Collect
To provide and improve our SMS Services, we may collect the following types of personal information:
2.1 Contact Information:
- Your full name
- Mobile phone number
- Email address (if provided for SMS-related communications)
2.2 Communication Data:
- Content of SMS messages sent to or received from our Firm
- Date, time, and duration of SMS communications
- Message status (e.g., delivered, read, failed)
2.3 Device Information:
- Type of mobile device used
- Operating system and version
- Mobile network information
- Device identifiers (e.g., IMEI number)
2.4 Location Data:
- Approximate location based on mobile network information (if permitted by your device settings)
2.5 Service-Related Information:
- SMS preferences (e.g., opt-in/opt-out status for different types of communications)
- Interaction history with our SMS Services
2.6 Sensitive Information:
We do not intentionally collect sensitive personal information through our SMS Services. However, if you choose to include sensitive information in your SMS communications with us (e.g., health information, financial details), we will treat such information with the utmost confidentiality and in accordance with applicable laws and regulations.
4. How We Use Personal Information
We use the personal information collected through our SMS Services for the following purposes:
4.1 Service Provision and Improvement:
- To deliver and maintain our SMS Services
- To respond to your inquiries, requests, and instructions received via SMS
- To send you important notifications and updates related to our legal services
- To improve and optimize our SMS Services based on usage patterns and user feedback
4.2 Communication and Marketing:
- To communicate with you about our legal services, events, and other relevant information
- To send you promotional offers and marketing communications, subject to your preferences and applicable laws
- To conduct surveys and gather feedback on our SMS Services
5. Sharing of Personal Information
SMS consent is not shared with third parties for marketing purposes. We may share your personal information with the following categories of recipients:
5.1 Internal Recipients:
- Our employees, partners, and authorized representatives who need access to the information to provide and improve our SMS Services
5.2 Service Providers:
- Third-party SMS platform providers and telecommunications carriers that facilitate the delivery of our SMS Services
- Cloud storage and hosting providers
- Analytics and data processing service providers
- IT and cybersecurity service providers
5.3 Legal and Regulatory Authorities:
- Law enforcement agencies, courts, or other government authorities when required by law or to protect our rights or the rights of others
- Regulatory bodies or professional organizations overseeing our legal practice
5.4 Business Partners:
- With your consent, we may share your information with trusted business partners for the purpose of providing complementary services or joint offerings
5.5 Professional Advisors:
- Legal counsel, auditors, and other professional advisors in the context of their professional services to the Firm
We require all third parties with whom we share personal information to respect the security of your data and to treat it in accordance with applicable laws. We do not sell your personal information to third parties.
6. Data Security
We implement and maintain reasonable administrative, technical, and physical safeguards to protect the personal information collected through our SMS Services. These measures include, but are not limited to:
- Encryption of data in transit and at rest
- Access controls and authentication mechanisms
- Regular security assessments and penetration testing
- Employee training on data protection and security practices
- Physical security measures for our data centers and offices
While we strive to use commercially acceptable means to protect your personal information, no method of transmission over the internet or electronic storage is 100% secure. Therefore, we cannot guarantee absolute security of your data.
7. Data Retention
We retain personal information collected through our SMS Services for as long as necessary to fulfill the purposes outlined in this Policy, unless a longer retention period is required or permitted by law. The criteria used to determine our retention periods include:
- The length of time we have an ongoing relationship with you
- Legal obligations under applicable laws and regulations
- Statutes of limitations for potential legal claims
- Operational necessity and legitimate business purposes
When personal information is no longer necessary for the purposes for which it was collected, we will securely delete or anonymize it in accordance with our data retention policies and applicable laws.
8. Your Rights and Choices
You have certain rights and choices regarding your personal information collected through our SMS Services:
8.1 Access and Portability:
You may request access to the personal information we hold about you and, where technically feasible, receive a copy of this information in a structured, commonly used, and machine-readable format.
8.2 Correction:
You may request that we correct any inaccurate or incomplete personal information we hold about you.
8.3 Deletion:
You may request that we delete your personal information, subject to certain exceptions provided by law.
8.4 Restriction of Processing:
You may request that we restrict the processing of your personal information under certain circumstances.
8.5 Objection to Processing:
You may object to the processing of your personal information for direct marketing purposes or on grounds relating to your particular situation.
8.6 Withdrawal of Consent:
Where we rely on your consent to process your personal information, you have the right to withdraw that consent at any time.
8.7 Opt-out of Marketing Communications:
You may opt-out of receiving promotional communications from us by following the instructions provided in those communications or by contacting us directly.
To exercise any of these rights, please contact us using the information provided in the "Contact Us" section below. We will respond to your request within the timeframe required by applicable law. Please note that we may need to verify your identity before processing your request.
9. Data Breach Notification
In the event of a data breach that compromises the security, confidentiality, or integrity of your personal information, we will take the following steps:
9.1 Internal Assessment:
We will promptly conduct an internal investigation to determine the scope and impact of the breach.
9.2 Notification to Affected Individuals:
We will notify affected individuals without undue delay, and where feasible, within 72 hours of becoming aware of the breach, unless the breach is unlikely to result in a risk to the rights and freedoms of individuals.
9.3 Notification to Authorities:
Where required by law, we will notify the relevant supervisory authorities of the data breach within the prescribed timeframes.
9.4 Remediation:
We will take all necessary steps to mitigate the impact of the breach and prevent future occurrences, including but not limited to:
- Implementing additional security measures
- Conducting a thorough review of our data protection practices
- Providing credit monitoring or identity theft protection services to affected individuals, where appropriate
9.5 Ongoing Communication:
We will provide regular updates to affected individuals and relevant authorities throughout the breach response process.
12. Changes to this Privacy Policy
We may update this Privacy Policy from time to time to reflect changes in our practices, technologies, legal requirements, or other factors. When we make material changes to this Policy, we will notify you by:
- Posting a notice on our website
- Sending you an SMS message or email (if we have your contact information)
- Obtaining your consent, where required by law
The "Effective Date" at the top of this Policy indicates when it was last updated. We encourage you to review this Policy periodically to stay informed about our data practices.
13. Dispute Resolution
If you have any complaints or concerns about our data practices or this Privacy Policy, please contact us using the information provided in the "Contact Us" section below. We will investigate and attempt to resolve any complaints and disputes in a timely and fair manner.
If you are not satisfied with our response, you may have the right to lodge a complaint with a supervisory authority or seek other legal remedies under applicable laws.
14. Contact Us
If you have any questions, concerns, or requests regarding this Privacy Policy or our data practices related to our SMS Services, please contact us at:
Botelho Law, PLLC
PO Box 856
Glens Falls, NY 12801
Phone: 518-223-8366
We are committed to addressing your inquiries promptly and transparently. Our Privacy Officer will review your communication and respond within [5] business days.
15. Terms, Acknowledgment and Consent
By opting into SMS from a web form or other medium, you are agreeing to receive SMS messages from Botelho Law, PLLC. This includes SMS messages for appointment scheduling, appointment reminders, post-visit instructions, and billing notifications. Message frequency varies. Message and data rates may apply. Message HELP for help. Reply STOP to any message to opt out.
By using our SMS Services, you acknowledge that you have read and understood this Privacy Policy and agree to the collection, use, and disclosure of your personal information as described herein. If you do not agree with any part of this Policy, please do not use our SMS Services.