1. Introduction
1.1 – Our commitment to our website visitors is not indeterminate. Please review this policy to learn how we use your personal data. For the purposes of this notice, “personal data” includes any information that identifies, could be reasonably associated with, or is about an identifiable individual. This may include, for example, your name, contact information, email-address, and information relating to your account (as the case may be). It may also include other types of more technical information when this information can identify you as an individual.
1.2 – This notice applies where we are acting as a data controller with respect to the personal data of persons visiting, or communicating with us through, our website; in other words, where we determine the purposes and means of the processing of that personal data. For the purposes of this notice, “processing” includes collection, use, storage, disclosure, transfer, and destruction of personal data.
1.3 – Our website incorporates privacy controls which affect how we will process your personal data. You can access the privacy controls via [URL].
1.4 – We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of our website, we asked you to consent to our use of cookies when you first visit our website.
1.5 – In this notice, “we”, “us” and “our” refer to Dead Cat/Live Cat.
2. Credit
2.1 – This document was created using a template from Docular (https://seqlegal.com/free-legal-documents/privacy-policy).
3. The personal data that we collect
3.1 – In this Section 3 we set out the general categories of personal data that we process.
3.2 – We may process data enabling us to get in touch with you (“contact data“). The contact data may include your name, email address, telephone number, and postal address. The source of the contact data is you.
3.3 – We may process your website user account data (“account data“). The account data may include your account identifier, name, email address, business name, account creation and modification dates, website settings and marketing preferences. The primary source of the account data is you although some elements of the account data may be generated by our website.
3.4 – We may process information contained in or relating to any communication that you send to us or that we send to you (“communication data“). The communication data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms.
3.5 – We may process data about your use of our website (“usage data“). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system.
4. Purposes of processing and legal bases
4.1 – In this Section 4, we have set out the purposes for which we may process personal data and the legal bases of the processing. If you are visiting our website from Canada, our legal basis for processing your personal data with respect to the following purposes is (i) your express or implied consent, in accordance with the requirements of applicable law or (ii) as otherwise permitted or required by applicable law.
4.2 – Operations – We may process your personal data for the purposes of operating our website and providing our services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website, services and business.
4.3 – Publications – We may process account data for the purposes of using such data on our website and elsewhere through our services in accordance with your express instructions. The legal basis for this processing is you giving your express consent.
4.4 – Relationships and communications – We may process contact data, account data, and communication data for the purposes of managing our relationships, communicating with you by email, SMS, telephone and mail. The legal basis for this processing is our legitimate interests, namely communications with our website visitors, and service users, the maintenance of relationships, and the proper administration of our website, services and business.
4.5 – Direct marketing – We may process contact data, and account data for the purposes of creating, targeting and sending direct marketing communications by email, SMS, and post and making contact by telephone for marketing-related purposes. The legal basis for this processing is consent and our legitimate interests, namely promoting our business and communicating marketing messages and offers to our website visitors and service users.
4.6 – Research and analysis – We may process usage data for the purposes of researching and analysing the use of our website and services, as well as researching and analysing other interactions with our business. The legal basis for this processing is consent and our legitimate interests, namely monitoring, supporting, improving and securing our website, services and business generally.
4.7 – Record keeping – We may process your personal data for the purposes of creating and maintaining our databases, back-up copies of our databases and our business records generally. The legal basis for this processing is our legitimate interests, namely ensuring that we have access to all the information we need to properly and efficiently run our business in accordance with this notice.
4.8 – Security – We may process your personal data for the purposes of security and the prevention of fraud and other criminal activity. The legal basis of this processing is our legitimate interests, namely the protection of our website, services and business, and the protection of others.
4.9 – Insurance and risk management – We may process your personal data where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks and/or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
4.10 – Legal claims – We may process your personal data where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
4.11 – Legal compliance and vital interests – We may also process your personal data where such processing is necessary for compliance with a legal obligation to which we are subject or in order to protect your vital interests or the vital interests of another natural person.
5. Providing your personal data to others
5.1 – We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice.
5.2 – We may also share your personal data with service providers and subprocessors (i.e., companies, consultants and others operating on our behalf) for the purposes described in this notice and in accordance with applicable law.
5.3 – Your personal data is held in our website database in the United States.
5.4 – We share your data with our sponsoring law firm partners: Zuber Lawler (https://zuberlawler.com/privacy-policy/), BLG (https://www.blg.com/en/about-us/privacy), and Marks & Clerk (https://www.marks-clerk.com/privacy-notice/).
5.5 – If we sell, transfer or assign any part of our operations, assets or activities to a third party, merge with another entity, or engage in another form of transaction, we may use, disclose, transfer or otherwise process your personal data in connection with such events. If your personal data is required in connection with any such events, we will comply with applicable legal requirements for the handling and disclosure of personal data.
5.6 – In addition to the specific disclosures of personal data set out in this Section 5, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise, or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
6. International transfers of your personal data
6.1 – We and our service providers may access, store or process your personal data outside of the jurisdiction in which you reside, in which case it may be subject to foreign laws, including any law permitting or requiring disclosure of the information to the government, government agencies, courts and law enforcement in that jurisdiction. In this Section 6, we provide information about the circumstances in which your personal data may be transferred outside of the United States.
6.2 – We may transfer [your personal data] from the United States to Canada or the UK or the European Economic Area (EEA) to the UK and may permit our partners to access that data. Each partner will retain the personal data according to their own privacy policies which are in compliance with the law of their home country.
6.3 – The hosting facilities for our website are situated in the United States. Transfers to Canada, the UK and the EU will be protected by appropriate safeguards.
6.4 – You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world, despite our reasonable security measures. We cannot prevent the use (or misuse) of such personal data by others.
7. Retaining and deleting personal data
7.1 – This Section 7 sets out our data retention policies and procedures, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
7.2 – Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
7.3 – We will retain your personal data as follows:
(a) – Contact data will be retained for a minimum period of two years following the date of the most recent contact between you and us, and for a maximum period of five following that date];
(b) – Account data will be retained for a minimum period of two years following the date of closure of the relevant account, and for a maximum period of five years following that date];
(c) – Communication data will be retained for a minimum period of two years following the date of the communication in question, and for a maximum period of five years following that date;
(d) – Usage data will be retained for two years following the date of collection; and
7.4 – Notwithstanding the other provisions of this Section 7, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
8. Your Data Rights
8.1 – Local data rights
You may have specific data rights depending on where you live. Please review the information below for your jurisdiction.
8.2 – Nevada
For Nevada Residents
You have the right to know what information is being collected about you
We collect
name;
email address;
mailing address;
telephone number;
username;
IP address;
device identifiers;
browser information; and
cookie data (as explained in the Cookie Policy).
You have the right to correct the collected data
Please e-mail “info@deadcatlivecat.com” to correct your data.
You have the right to opt out of sale or sharing of the collected data.
You can opt out of data sharing by clicking here
8.3 – California
For California Residents
You have the right to know what information is being collected about you and to access that data
We collect
name;
email address;
mailing address;
telephone number;
username;
IP address;
device identifiers;
browser information; and
cookie data (as explained in the Cookie Policy). Please e-mail “ info@deadcatlivecat.com” to access your collected data
You have the right to know if certain information is sold
We share the following collected data with our analytics partner:
email address;
mailing address;
telephone number;
You have the right to delete personal data
Please e-mail “ info@deadcatlivecat.com” to delete your personal data.
You have the right to data portability
Please e-mail “ info@deadcatlivecat.com” to exercise your right of data portability.
You have the right to opt out of sale
You can opt out of sale by clicking here.
8.4 – Canada
For Canadian Residents
You have the right to be informed of the existence, use, and disclosure of your personal data and to be given access to that data
Please e-mail “ info@deadcatlivecat.com” to access your personal data
You also have the right to challenge the accuracy and completeness of the data and have it amended as appropriate
Please e-mail “ info@deadcatlivecat.com” to correct your personal data
You have the right to withdraw consent for the use of your personal data at any time, except in limited circumstances, including legal or regulatory requirements or as a result of your contractual obligations with us
Please e-mail “ info@deadcatlivecat.com” to withdraw consent for the use of your personal data
Please note that we may not be able to provide you with access to your personal data in certain circumstances, such as where your request includes personal data about a third party that cannot be removed, or when the information you are requesting is protected by legal privilege.
To process your request, we may ask you for information to validate your identity and confirm the scope of your request.
8.5 – United Kingdom and EEA
For UK and EEA Residents
You have the right to know what information is being collected about you and to access that data
We collect
name;
email address;
mailing address;
telephone number;
username;
IP address;
device identifiers;
browser information; and
cookie data (as explained in the Cookie Policy). Please e-mail “ info@deadcatlivecat.com” to access your collected data
You have the right to know if certain information is supplied to third parties
We share the following collected anonymized data with our analytics partner to compile Analytics Data and reports on visitor usage and to help us improve our website and the service it provides;
Device Information. We collect the following information relating to the technical device you use when using the website:
• device and device identification number, device IMEI
• country
• IP address
• browser type and version
• operating system
• name of your Internet service providers
• advertising identifier of your device
Usage Information. We collect information on your use of the website, such as:
• time spent on the website
• interaction with the website
• the time and date of your visits to the website
• the searches you made and the activities you carried out on the website
You have the right to delete or update personal data
Please e-mail “info@deadcatlivecat.com” to delete or update your personal data.
You have the right to data portability i.e. to receive your data in an accessible format for you to reuse for your own purposes Please e-mail “info@deadcatlivecat.com” to exercise your right of data portability.
Please e-mail “info@deadcatlivecat.com” to exercise your right of data portability.
You have the right to opt out of sale
You can opt out of sale by clicking here.
9. About cookies
9.1 – A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
9.2 – Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
9.3 – Cookies may not contain any information that personally identifies a user, but personal data that we store about you may be linked to the information stored in and obtained from cookies.
10. Cookies that we use
10.1 – We use cookies for the following purposes:
(a) – Authentication and status – we use cookies to identify you when you visit our website and as you navigate our website, and to help us determine if you are logged into our website][ (cookies used for this purpose are: Hubspotutk; _hssc; _hssrc; _hstc
(b) – Analysis – we use cookies to help us to analyse the use and performance of our website and services. (cookies used for this purpose are: _ga; _gid; _ga_; {container-id};_gac_gb_,container-id.)
(c) – Cookie consent – we use cookies to store your preferences in relation to the use of cookies more generally. (cookies used for this purpose are: _hs_opt_out;.
11. Cookies used by our service providers
11.1 – Our service providers use cookies and those cookies may be stored on your computer when you visit our website.
11.2 – We use Google Analytics. Google Analytics gathers information about the use of our website by means of cookies. The information gathered is used to create reports about the use of our website. You can find out more about Google’s use of information by visiting https://www.google.com/policies/privacy/partners/ and you can review Google’s privacy policy at https://policies.google.com/privacy. The relevant cookies are: _ga; _gid; _ga_; ;_gac_gb_,container-id.
12. Managing cookies
12.1 – Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(a) – https://support.google.com/chrome/answer/95647 (Chrome);
(b) – https://support.mozilla.org/en-US/kb/enhanced-tracking-protection-firefox-desktop (Firefox);
(c) – https://help.opera.com/en/latest/security-and-privacy/ (Opera);
(e) – https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac (Safari); and
(f) – https://support.microsoft.com/en-gb/help/4468242/microsoft-edge-browsing-data-and-privacy (Edge).
12.2 – Blocking all cookies will have a negative impact upon the usability of many websites.
12.3 – If you block cookies, you will not be able to use certain the features on our website.
13. Amendments
13.1 – We may update this notice from time to time by publishing a new version on our website.
13.2 – You should check this page occasionally to ensure you are happy with any changes to this notice.
13.3 – We may notify you of significant changes to this notice by email.
14. Our details
14.1 – This website is owned and operated by Dead Cat/Live Cat
14.2 – We are registered in California (USA) under registration number 202033510397, and our registered office is at 350 S. Grand Ave., 32nd FL, Los Angeles, CA, 90071
14.3 – Our principal place of business is at 350 S. Grand Ave., 32nd FL, Los Angeles, CA, 90071
14.4 – You can contact us by email at info@deadcatlivecat.com.