Effective Date.

The effective date of this Privacy Policy is November 1, 2022. Last Updated:

Key Information

  • We collect the personal information set out in the "What Information We Collect" section of this Privacy Notice below, including account registration details such as name and email, details of content offerings you undertake, survey information (where you provide it), identity verification data, and information about your use of our site and services.
  • We use your personal information for the purposes set out in the "How We May Use Personal Information" section of this Privacy Notice below, including providing our website and services to you, ensuring the security and performance of our site, improving our content offerings, sharing information with some third parties, direct marketing, and performing statistical analysis of the use of our website and services.
  • You have a number of rights that you can exercise in relation to our use of your personal information, as set out in the "Updating or Deleting Your Personal Information" section of this Privacy Notice below.


This Privacy Notice explains how DigiCounsel collects, uses, and discloses information about you and it applies to information collected through our websites, mobile applications (if any) and other online products and services, when you access content we make available to you or when you otherwise interact with DigiCounsel such as through interactions on third party social media sites or by attending our live or recorded seminars or webcasts. 


We respect the privacy rights of our website visitors and we recognize the importance of protecting your information. Please read this Privacy Notice carefully to understand our policies and practices regarding your information and how we will treat it. If you do not understand any aspects of our Privacy Notice, please feel free to contact us. If you do not agree with our policies and practices, your choice is not to use the website or access the content we make available. By accessing or using the website, accessing the content or otherwise providing your information to DigiCounsel you agree to this Privacy Notice.

If you reside or are located in the European Economic Area ("EEA") DigiCounsel is the data controller of all Personal Information (as defined below) collected as set forth in this Privacy Notice. 

How to Contact Us

If you have any questions about this Privacy Policy, you may reach us via email at [email protected] November, 2022

1. Purpose and Legal Basis

DigiCounsel LLC. (referred to as “DigiCounsel”, “we” or “us” or “Company”) takes the privacy rights of those using the DigiCounsel platform, the DigiCounsel service or any software applications made available by DigiCounsel, seriously, and seeks to comply with all applicable privacy laws including, where relevant, the General Data Protection Regulation (“GDPR”). We want you to be familiar with how we collect, use and process your Personal Information (defined below) and your rights to seek the return and/or changes to any of your Personal Information that we hold. 


We consider that the legal bases for using your Personal information as set out in this Privacy Notice are as follows:

  • our use of your Personal Information is necessary to perform our obligations under any contract with you (for example, to comply with the Terms of Use of our website which you accept by browsing our website and/or to comply with our contract to provide Service to you, your academic institution, your employer, or other organization that may be providing you with access to our Service); or
  • our use of your Personal Information is necessary for complying with our legal obligations; or
  • use of your Personal Information is necessary for our legitimate interests or the legitimate interests of others. Our legitimate interests are to:
    • run, grow and develop our business;
    • operate our website and provide our Service;
    • select appropriately skilled and qualified suppliers;
    • build relationships with partners;
    • carry out research and statistical analysis;
    • carry out marketing and business development; and
    • for internal administrative and auditing purposes.
  • Consent, to send you certain communications or where you submit certain information to us, or where required to rely upon consent by local law.

Which legal basis applies to a specific activity will depend on the type of Personal Information used and the context in which it is being used.

If we rely on our (or another party’s) legitimate interests for using your Personal Information, we will undertake a balancing test to ensure that our (or the other party’s) legitimate interests are not outweighed by your interests or fundamental rights and freedoms which require protection of the Personal Information.

We may process your Personal Information in some cases for marketing purposes on the basis of your consent (which you may withdraw at any time as described below).

If we rely on your consent for us to use your Personal Information in a particular way, but you decide to withdraw your consent, this may impact the ability for us to provide our Service to you

2. What Information we collect


1. Personal Information we may collect, as provided by you

“Personal Information” is information that identified you as an individual, which may include your: name, postal address (including billing and shipping addresses, business information, practice area, email address, payment information, account ID, bar number, position/role, dietary information when you provide that for a live event, school status, your viewing of content and other usage information. 


If you submit any Personal Information relating to other people to us or to our service providers in connection with our Services, (as defined below), you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Notice. 


Separate Terms of Service. By using our Service, you represent and warrant that you have read and understood, and agree to be bound by this Privacy Notice, as well as DigiCounsel’s separate Terms of Service (the “Terms of Service”), which are incorporated by reference and made part of this Privacy Notice. The Terms of Service document is available at: COMING SOON. 

How this Personal Information is collected:

You may be providing us with your Personal Information in a number of ways, including:

  • When you enter it while using our Service such as when you register for a user account, purchase and/or access content, take a quiz or fill out a survey, or ask for CLE certification. We may also receive Personal Information when you send us an email message or otherwise contact us. The “Service: mean: (i) videos and related material covering business, legal and/or other professional skills provided by DigiCounsel; (ii) our website located at www.digicounsel.co, from which you are accessing this Privacy Policy. 
  • Offline: We may collect Personal Information from you offline, such as when you contact our customer service.

     2. Other Information 

 When users come to our website, we may track, collect, and aggregate information indicating, among other things, which pages of our website were visited, the order in which they were visited, when they were visited, and which hyperlinks were clicked. 

In this context, “Other Information” is any information that does not reveal your specific identity or does not directly relate to an individual, such as:


  • Browser and device information (such as IP address, operating system etc.)
  • Information collected through cookies, pixel tags and other technologies
  • Demographic information and other information provided by you
  • Aggregated information


We and our third-party service providers may collect Other Information in a variety of ways, including:

  • Through your browser or device: Certain information is collected by most browsers or automatically through your device, such as you Media Access Control (MAC) address, computer type, screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Services you are using. We use this information to ensure that the Services function properly.
  • Using cookies: “Cookies” are text files that are placed on your computer by websites that you visit or certain emails that you open.  Cookies allow us to collect information such as browser type, time spend on the Services, pages visited, language preferences, and other anonymous traffic data. We and our service providers use the information for security purposes, to facilitate navigation, display information more effectively, and to personalize your experience while using the Services, as well as for online tracking purposes. We can recognize your computer to assist your use of the Services. We also gather statistical information about the usage of the Services in order to continually improve the design and functionality, understand how the Services are used and to assist us with resolving questions regarding the Services. Cookies further allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on the services. We may also use cookies in online advertising to track responses to our advertisements and we may use cookies or other files to track your use of other websites. If you do not want information collected through the use of coolies, you can decline cookies; however, if you do not accept these cookies, you may experience some inconvenience in your use of the Services. For example, we may not be able to recognize your computer and you may need to log in every time you viist the applicable Services. You may not receive advertising or other offers from us that are relevant to your interests and needs. 
  • Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some Services to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns and compile statistics about usage of the Services and response rates.
  • Using Adobe Flash technology (including Flash Local Shared Objects (“Flash LSOs”)) and other similar technologies: We and our third-party providers may use Flash LSOs, Flash Cookies, and other technologies to, among other things, collect and store information about your use of the Services. If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage. Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Services or our online content.
  • IP Address: Your “IP Address” is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP Address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is done automatically by many websites, applications and other services. We use IP Addresses for many purposes, including, without limitation, calculating usage levels of the Services, helping diagnose server problems, and administering the Services.
  • From you: Information such as your location, as well as other information, such as your preferred means of communication, practice area, your performance and responses to quizzes and surveys, and organization, is collected when you voluntarily provide this information.
  • By aggregating information: Aggregated Personal Information does not alone personally identify you or any other user of the Services, (for example, we may aggregate Personal Information to calculate the percentage of our users in a particular region).

3. How We May Use Personal Information 

Please note that we may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we will only collect, store, and process such information in accordance with this privacy policy as if it was Personal Information as set out above.

In some instances, we may combine Other Information with Personal Information (such as combining your name with your geographical location). 

We use the information we collect to provide, maintain, and improve our Service, such as to provide business and legal content and resources, continuing legal education, seminars, events and webinars, and more. 

We may use Other Information to improve the usability of our website and for other business reasons. We or other third-party companies also use Other Informationto provide advertisements and targeted advertisements to you (ads based on Other Information). We do not provide Personal Information to third parties with whom we share your Other Information. 

We may also use the information we collect for the below purposes:


  • To respond to your emails or online requests for products, services, or information
  • To send administrative information to you, for example, information regarding the Service and changes to our terms, conditions, and policies. 
  • To monitor and analyze trends, usage and activities in connection with our Service. This may allow us to build higher quality, more useful Services by performing statistical analyses of the collective characteristics and behavior of our users, and by measuring demographics and interests regarding specific areas of our website. We may also use this information to ensure the security of our Services and the website.
  • To send you marketing communications that we believe may be on interest to you, unless you elect not to receive them. 
  • To personalize your experience on the Service by presenting information tailored to you. 
  • To provide technical support and ensure security of our Service and the website. 
  • For our business purposes, such as data analysis, audits, fraud monitoring and prevention, assessment of the effectiveness of your learning or the Service, developing new products, enhancing, improving or modifying the Service, assessing your performance, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities. 
  • As we reasonably believe to be necessary: (i) to comply with applicable laws, such as accounting regulations; (ii) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (iii) to enforce our terms and conditions and/or reasonably protect damage to our operations or ensure the safety of any third party; and (iv) to respond to civil subpoenas or inquiries. 
  • If a user received any certification or accreditations from completing a DigiCounsel course (“Certification’), such Certifications will be retained by DigiCounsel and made available to you, transferred to a new client account or deleted, upon your request, unless, such records are required to be maintained by law or the American Bar Association. 


4. How Personal Information May Be Disclosed 

Your Personal Information may be disclosed (but in all cases only so far as reasonably necessary):


  • To our third-party services providers who provide services such as data analysis, acting as content intermediaries, authentication, information technology and related infrastructure provision, video provider, educator, customer service, email delivery, auditing, legal, accounting, and other similar services, provided that, at all times, any such third party is required to hold your Personal Information in accordance with terms as restrictive as those set out in this privacy policy. 
  • To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings) provided that, at all times, any such third party is required to hold your Personal Information strictly in accordance with the terms of this privacy policy. 
  • Between and among DigiCounsel and our current and future parents, subsidiaries and other companies under common control and ownership
  • If your subscription is provided in whole or in party by your employer, school, or other third party, we may share with them information about your access to and use of your subscription. When providing this information, we may reveal limited amounts of your Personal Data, such as your name and usage information. 
  • As we believe to be necessary: (a) under applicable law, including laws outside your country of residence or otherwise to comply with legal process; (b) to respond to legitimate request from public and government authorities including public and government authorities outside your country of residence; and (c) to enforce our terms and conditions as reasonably necessary in order to protect our operations, prevent damage to property, other third parties, or ensure personal safety.


5. THIRD-PARTY LINKS AND SERVICES

For your convenience, we may provide links to sites operated by organizations other than DigiCounsel ("Third Party Websites") that we believe may be of interest to you, including external advertising links. We do not disclose your Personal Information to these Third Party Websites unless we have a lawful basis on which to do so. We do not endorse and are not responsible for the privacy practices of these Third Party Websites. If you choose to click on a link to one of these Third Party Websites, you should review the privacy policy posted on the other site to understand how that Third Party Website collects and uses your Personal Information.

DigiCounsel neither owns nor controls Third-Party Websites. Accordingly, Third-Party Websites are under no obligation to comply with this Privacy Notice except with respect to Personal Information provided directly to them by DigiCounsel. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Further, it is up to the User to take precautions to ensure that whatever links the User selects or software the User downloads (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Before visiting or providing Personal Information to Third-Party Websites, you should inform yourself of the privacy policies and practices (if any) of those Third-Party Websites, and you should take those steps necessary to, in your discretion, protect your privacy.

  • SECURITY

We have implemented organizational, technical and administrative measures to protect Personal Information within our organization. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please notify us as soon as possible in accordance with the “Contacting Us” section below.

If we become aware of any use or inadvertent disclosure of your Personal Information, outside of the terms of this Privacy Notice, which has a significant risk of causing harm or damage to you, then we will notify you (and any applicable regulator) as soon as reasonably possible. Where any such notification is possible, we shall notify you of the details of the breach and any consequences of which we are aware.

Because the Internet is not a 100% secure environment, we cannot guarantee the security of Personal Information, and there is some risk that an unauthorized third party may find a way to circumvent our security systems or that transmission of your information over the Internet will be intercepted. It is your responsibility to protect the security of your login information. Please note that e-mail communications are typically not encrypted and should not be considered secure.

Updating or Deleting Your Personal Information You have certain rights in relation to your Personal Information. You can access your Personal Information and confirm that it remains correct and up-to-date, choose whether or not you wish to receive material from us or some of our partners, and request that we delete or provide you with a copy of your personal information by contacting us at [email protected] 

With respect to our marketing-related communication to you, there are several ways to opt-out:

  • Receiving electronic communications from us: If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt out of receiving these marketing-related emails by sending an email to [email protected] or follow the unsubscribe instructions included in each marketing-related email.


  • Receiving telephone calls or postal mail from us: If you no longer want to receive marketing-related telephone calls or postal mail from us on a going-forward basis, you may opt out of receiving these marketing communications by sending an email to [email protected] and specifying the contact information used and form of marketing from which you are opting out.


  • DigiCounsel retaining, for you, your Certification data: If you no longer want us to retain your Certifications, please notify us by sending an email to [email protected] and specifying the contact information originally used to access the Service.

If you would like further information in relation to your rights or would like to exercise any of them, you may also contact us via [email protected] If you reside or are located in the EEA, United Kingdom, Switzerland, or other region that offers similar protections, you have the right to request that we:

  • provide access to any Personal Information we hold about you;
  • prevent the processing of your Personal Information for direct-marketing purposes;
  • update any Personal Information which is out of date or incorrect;
  • delete any Personal Information which we are holding about you;
  • restrict the way that we process your Personal Information;
  • provide your Personal Information to a third party provider of services; or
  • provide you with a copy of any Personal Information which we hold about you.


We try to answer every request promptly where possible and provide our response within the time period stated by applicable law. Keep in mind, however, that when deleting your Personal Information, there may be residual information that will remain within our databases, access logs, and other records, which may or may not contain your Personal Information. Please also note that certain Personal Information may be exempt from such requests in certain circumstances, which may include if we need to retain your Personal Information to comply with a legal obligation. When you email us with a request, we may ask that you provide us with information necessary to confirm your identity. Finally, please also note that if you do opt out of receiving marketing-related emails from us, we may still send you important administrative messages, and you cannot opt out from receiving administrative messages.

What is the exact process to  access or change your Personal Information?

If you would like to review, correct, update, suppress, or delete, subject to the terms herein, any of your Personal Information that is retained by DigiCounsel, you may contact us by emailing: [email protected]

In your request, please make clear what Personal Information you would like to have changed or otherwise let us know what limitations you would like to put on our use of your Personal Information that you have provided to us.

For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.

Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion.

  • RETENTION PERIOD

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required by law. The length of time we retain Personal Information for depends on the purposes for which we collect and use it and/or as required to comply with applicable laws and to establish, exercise, or defend our legal rights. We will not retain your Personal Information for longer than is reasonably necessary.

  • USE OF SERVICES BY CHILDREN

DigiCounsel strongly believes in protecting the privacy of children. Any use or access by anyone under the age of 13 is prohibited, and certain regions and contents may have additional requirements and/or restrictions. In line with this belief, we do not knowingly collect or maintain Personal Information on our website from persons under 13 years of age, and no part of our website is directed to persons under 13 years of age. If you are under 13 years of age, then please do not use or access this website at any time or in any manner. We will take appropriate steps to delete any Personal Information of persons less than 13 years of age that has been collected on our website without verified parental consent upon learning of the existence of such Personal Information.

9. CROSS-BORDER TRANSFER

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Service you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than those of your country.

Irrespective of Where you Live

Irrespective of which country you live in, you authorize us to transfer, store, and use your information in the United States and any other country where we operate. In some of these countries, the privacy and data-protection laws and rules regarding when government authorities may access data may vary from those in the country where you live.

10. SENSITIVE INFORMATION

We ask that you not send us, and therefore you must not disclose, any sensitive Personal Information (e.g., gender, sexual orientation, social security numbers, birthdates, account numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through the Service or otherwise to us.

Do Not Track Disclosure

DigiCounsel does not respond to “do not track” signals sent by browsers. 

11. UPDATES TO THIS PRIVACY NOTICE

As DigiCounsel, its membership, products and services change from time to time, this Privacy Notice is expected to change as well. We reserve the right to amend the Privacy Notice at any time, for any reason. The date of the last revision to the Privacy Notice will be indicated by the "Effective Date" at the top or bottom of this page. Your use of the Service following these changes means that you accept the revised Privacy Notice.