Version 1 (Effective: September 19, 2005)

PRIVACY POLICY

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THIS WEBSITE

ULMER & BERNE LLP (“ULMER & BERNE”) TAKES SERIOUSLY ITS ETHICAL OBLIGATION TO KEEP CONFIDENTIAL CLIENT INFORMATION PROVIDED TO THE FIRM IN THE COURSE OF REPRESENTING OUR CLIENTS.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS PRIVACY POLICY, ULMER & BERNE WILL NOT DISCLOSE ANY INFORMATION PROVIDED TO THE FIRM WHICH IS SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE TO ANY THIRD PARTY. 

We developed this privacy policy pursuant to applicable law regarding the collection and use of Personally Identifying Information (defined below) in those jurisdictions where we do business. This privacy policy outlines the types of Personally Identifying Information we gather or may gather when you use this website, how we use that information, as well as some of the steps we take to safeguard it. We urge you to read the privacy policy in its entirety and hope it will help you make an informed decision about using this website and sharing your Personally Identifying Information with us.

This privacy policy is effective as of September 2005. Ulmer & Berne reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of this website following the posting of changes to these terms will mean you accept these changes.  If you have any questions about this privacy policy, Ulmer & Berne’s privacy practices, or feel that your privacy has been compromised, please contact us at sshipley@ulmer.com.

Your privacy on the Internet is important to Ulmer & Berne. As part of the operation of this website certain pieces of information are gathered about users who gain access to the site.  This privacy policy contains explanations regarding the types of information collected, what is done with such information, and how to correct or change the information.

GENERAL PRIVACY PRINCIPLES

Accountability
Ulmer & Berne is responsible for your Personally Identifying Information in its possession and under its control.  Ulmer & Berne has appointed an officer who is accountable for Ulmer & Berne’s compliance with this privacy policy.  Samuel Shipley has been designated Ulmer & Berne’s privacy officer in connection with this privacy policy.  Mr. Shipley can be reached by telephone at (216) 583-7310, by email at sshipley@ulmer.com, or by regular mail at 1660 West 2nd Street, Suite 1100, Cleveland, Ohio  44113.

Identifying Purposes
"Personally Identifying Information" is information that individually identifies you, such as your name, company name, physical address, phone numbers, email address and any other information that would allow someone to identify or contact you. Ulmer & Berne may ask for your Personally Identifying Information so that it can understand your needs, determine if Ulmer & Berne’s programs, materials, services or other information meet your needs, inform you about its programs, materials, services or other information that it believes may be of interest to you, or comply with the law.  Of course, you may choose not to provide Ulmer & Berne with Personally Identifying Information.  However, this choice may prevent Ulmer & Berne from providing you with the programs, materials, services or other information you requested or that could be offered to you. Except as otherwise set forth in this privacy policy, Ulmer & Berne’s server does not automatically record Personally Identifying Information when you access this website.  Such information can become known to Ulmer & Berne via its website only when you voluntarily submit it. 

Consent
Your knowledge and consent are required for the collection, use, or disclosure of your Personally Identifying Information.  No information is collected without your consent, either express or via us of this website.

Limiting Collection
Ulmer & Berne only collects the information that it needs in order to deliver programs, materials, services and/or other information to you, or to enable you to register for firm-sponsored events and programs.

Limiting Use, Disclosure and Retention
Ulmer & Berne does not use or disclose your Personally Identifying Information for purposes other than those for which it was collected or as set forth in this privacy policy, except as otherwise set forth in this privacy policy under the heading Limits of Confidentiality, or as required by law.  Your Personally Identifying Information is retained only as long as necessary for the fulfillment of those purposes or as required by law.

Accuracy
Your Personally Identifying Information is kept as accurately and completely as is necessary for the purposes for which it is to be used.  You have the right to up date, modify, amend or correct errors in your Personally Identifying Information by contacting Ulmer & Berne.

Safeguards
Ulmer & Berne protects your Personally Identifying Information by using safeguards that are appropriate to the sensitivity of the information.  Each of our employees who have access to your Personally Identifying Information is informed about our privacy policy and procedures for protecting Personally Identifying Information. 

Ulmer & Berne undertakes substantial efforts to protect the confidentiality of the identity, preferences and other information it has collected about individual Registrants and, except as otherwise set forth in this privacy policy, will not knowingly allow access to this information to anyone outside Ulmer & Berne except as described below under the heading Limits of Confidentiality.

YOU SHOULD ALSO DO YOUR PART IN PROTECTING YOUR INFORMATION. UNFORTUNATELY, NEITHER ULMER & BERNE’S NETWORK NOR DATA TRANSMISSION OVER THE INTERNET CAN BE GUARANTEED TO BE 100% SECURE. EVENTS OUTSIDE OF THE CONTROL OF ULMER & BERNE SUCH AS HACKING AND OTHER FORMS OF UNAUTHORIZED ACCESS TO ULMER & BERNE’S COMPUTER SYSTEMS BY THIRD PARTIES COULD RESULT IN ACCESS TO YOUR PERSONALLY IDENTIFIABLE INFORMATION BY UNAUTHORIZED THIRD PARTIES.  AS A RESULT, WHILE WE STRIVE TO PROTECT PERSONALLY IDENTIFIABLE INFORMATION SUBMITTED TO ULMER & BERNE, ULMER & BERNE CANNOT ENSURE OR WARRANT THE SECURITY OF SUCH PERSONALLY IDENTIFIABLE INFORMATION.  THUS, THE SUBMISSION TO ULMER & BERNE OF PERSONALLY IDENTIFIABLE INFORMATION IS DONE SO AT THE REGISTRANT'S OWN RISK.

Openness
Ulmer & Berne will make a description of its policies and practices relating to the management of your Personally Identifying Information readily available to you upon your written request.

Access
Upon request in writing, either by email or letter, you will be informed of the existence, use or disclosure of your Personally Identifying Information and you will be given access to that information.  You may also challenge, in writing either by email or letter, the accuracy and completeness of the information and have it amended as appropriate, or request that Ulmer & Berne delete or correct any Personally Identifying Information contained in your file.

Challenging Compliance
You may address any challenge concerning our compliance with this privacy policy to Samuel Shipley at sshipley@ulmer.com, or by regular mail at 1660 West 2nd Street, Suite 1100, Cleveland, Ohio  44113.


SPECIFIC PRIVACY POLICY

Scope
Our privacy policy applies to any Personally Identifying Information collected by Ulmer & Berne.  It is designed to inform you of when, why, how and for what purpose Ulmer & Berne collects Personally Identifying Information from visitors to its website.  It is also designed to inform you about the types of information that is collected about you at Ulmer & Berne’s website.  Finally, it is designed to inform you about our use of Personally Identifying Information collected at Ulmer & Berne’s website and to whom access to such Personally Identifying Information may be given.  Our privacy policy is also designed to inform you about how you may access, amend, or delete Personally Identifying Information collected by Ulmer & Berne and how you may limit Ulmer & Berne’s use of your Personally Identifying Information.

ULMER & BERNE’S WEBSITE MAY BE CONNECTED BY “HYPERLINKS” TO OTHER COMPANIES’ WEBSITES.  PLEASE NOTE THAT ULMER & BERNE IS NOT RESPONSIBLE IN ANY WAY FOR THE PRIVACY PRACTICES OF OTHER WEBSITES AND SUGGESTS THAT YOU REVIEW THE PRIVACY POLICIES OF THOSE OTHER COMPANIES’ WEBSITES BEFORE USING THEM.

What types of information does Ulmer & Berne collect?

On each visit to Ulmer & Berne’s web site:
Ulmer & Berne collects certain limited non-personally identifying information your browser makes available whenever you visit a website. This log information includes your Internet Protocol address, browser type, browser language, as well as the date and time of your visit. We may use this information to operate, develop, and improve our website. This information does not include your Personally Identifying Information.  Our server does not automatically record Personally Identifying Information.  Such information can become known to Ulmer & Berne via its websites only when you voluntarily submit it. 

“Email us” Form
When you use the email form on Ulmer & Berne’s website, we may collect Personally Identifying Information from you such as your email address, and offer you an area to enter comments or questions.

How does Ulmer & Berne use your Personally Identifying Information?

Confidentiality
Except as set forth under the "Limits of Confidentiality" section below, or otherwise in this privacy policy, Ulmer & Berne will not provide Personally Identifying Information to third parties. By requesting additional information or communicating directly with Ulmer & Berne after visiting its website, you are choosing to provide Ulmer & Berne with Personally Identifying Information in your sole discretion.

How we protect your information:
Ulmer & Berne may store and process Personally Identifying Information collected on our site on our own servers or on the servers of our Business Partners (defined below). Paper copies containing all or part of the Personally Identifying Information you supply to us may be made and kept in our files as part of the course of normal business activity. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect.

Limits of Confidentiality
If you choose to share your Personally Identifying Information with us we may use it for the purposes of registering you for programs, seminars or events offered by Ulmer & Berne, sending you requested information as well as occasional offers, announcement, technical bulletins and other similar purposes.  We also will not give, rent, loan, or otherwise make available your Personally Identifying Information to third parties except in the limited circumstances described in this "Limits of Confidentiality" section, or with your consent.

We may share such information in any of the following limited circumstances:

(i) Transactions with Ulmer & Berne. We may provide your Personally Identifying Information to trusted businesses or persons (“Business Partners”) for the sole purpose of processing or storing personally identifying information on our behalf. These Business Partners include web site developers, internet service providers, as well as other third parties we use to assist us in our mission of providing you with Ulmer & Berne programs, materials, services and other information. When we do disclose your information to others, it is subject to agreements that require those parties to process such information only on our instructions, in compliance with this privacy policy, and in an appropriate confidential and secure manner.

(ii) Security. Due to the existing legal, regulatory and security environment, Ulmer & Berne may disclose aggregate level and/or Personally Identifying Information if required to do so under applicable law, or to protect the rights, property or safety of Ulmer & Berne, our customers, or the public.

(iii) Sale or Transfer of Business: We may sell or otherwise transfer such information to a successor of Ulmer & Berne, in connection with an asset sale, acquisition, merger, consolidation, divestiture, stock sale, purchase of part or all of the assets of the business, or other corporate transaction, or by way of assignment (whether by operation of law or otherwise) in connection with any such or similar transaction or in connection with the administration of a bankruptcy estate.  In the case of such event, the Personally Identifying Information will become the property of the successor and will be subject to the successor’s privacy policy should they have one.

What about cookies?
A "cookie" is a small file containing a string of characters that is sent to your browser from a web server and stored on your computer hard drive when you visit some websites.  Our website may generate and use cookies.  You hereby consent to and authorize Ulmer & Berne to use cookies in connection with your use of this website.

Opting-out
Even after you have granted Ulmer & Berne consent to collect Personally Identifying Information, you may opt-out of having your Personally Identifying Information collected by contacting us by email or regular mail.  Please note that in order to fulfill certain obligations, we may need to continue sending you notices or other important information concerning any orders or services you request. If you wish to receive such notices or information, you may send an email message to sshipley@ulmer.com indicating that you no longer wish to receive the notices or information in question and, upon Ulmer & Berne’s receipt of your request, Ulmer & Berne will no longer send to you such notices or other information.

Accessing your Personally Identifying Information once given
You have the right to request information about the existence, use and disclosure of your Personally Identifying Information and to challenge the accuracy and completeness of your Personally Identifying Information, and to have your Personally Identifying Information amended where inaccurate or deleted from Ulmer & Berne’s database.  To do so, simply email Ulmer & Berne at sshipley@ulmer.com, or write to Ulmer & Berne at 1660 West 2nd Street, Suite 1100, Cleveland, Ohio  44113, attention: Samuel Shipley, Chief Information Officer. 

Changes to this Policy
Please note this privacy policy is subject to change from time to time without specific notice. We expect most such changes to be minor, but there may be changes that are more significant. Regardless, we will post those changes on this page and, if the changes are significant, we will also provide a more prominent notice. Each version will be noted at the top of the page. Prior versions of this privacy policy will be kept in an archive for you to view for a reasonable period of time. 

Contact Information
If you have any additional questions about this privacy policy, feel that information we have collected about you is incorrect, or wish to opt-out of future emails, please feel free to contact Ulmer & Berne at any time.

DISCLAIMER

The content of this website has been prepared by the attorneys of Ulmer & Berne LLP for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Internet subscribers and online readers should not act upon this information without seeking professional counsel. Do not send us information until you speak with one of our attorneys and receive authorization to send that information to us.

While we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Accordingly, please do not send us any information that may involve you until you receive a written statement from us that we represent you.

If you are not already a client of the firm, the most appropriate way for you to initiate a possible representation is to contact an attorney at our law firm by telephone. The attorney first will take you through our conflict of interest procedure and see that you are put in touch with the attorney best suited to handle your matter. When you receive and countersign an engagement letter from that attorney, you will be our client and we may exchange information freely.

Ulmer & Berne LLP's website provides links to other sites that may be useful or informative. These links to third party sites or information are not intended, and should not be interpreted by readers, as constituting or implying our endorsement, sponsorship or recommendation of the third party information, products or services found there.

Except as otherwise indicated, our attorneys are primarily admitted to practice in the state of Ohio.

COPYRIGHT NOTICE

The documents and information on this website are copyrighted materials of Ulmer & Berne LLP and its information providers. Reproduction or storage of materials retrieved from this service is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C.

Copyright Complaints
Ulmer & Berne LLP respects the intellectual property of others, and we ask our visitors to do the same. If you believe that your work has been copied and is accessible on the Ulmer & Berne LLP website in a way that constitutes copyright infringement, you may notify Ulmer & Berne by providing the firm's copyright agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

3. identification of the URL or other specific location on the Ulmer & Berne LLP site where the material that you claim is infringing is located;

4. your address, telephone number, and e-mail address;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Ulmer & Berne's agent for notice of claims of copyright infringement on this Web site can be reached as follows:
By mail:
Michael D. Stovsky, Esq.
Ulmer & Berne LLP
1660 West 2nd Street, Suite 1100
Cleveland, Ohio  44113

By phone:
(216) 583-7000

By e-mail:
mstovsky@ulmer.com