Privacy Policy and Terms of Use

Last modified:  January 2021

Freese and Nichols, Inc. (“FNI” “Us” “Our” or “We”) respects your privacy and is committed to protecting it through our compliance with this Privacy Policy. This Privacy Policy describes:

  • The types of information we may collect or that you may provide when you access or use the FNI website located at www.freese.com (the “FNI Site”).
  • Our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Privacy Policy applies only to information we collect through the FNI Site and any electronic communications sent through the FNI Site.

This Privacy Policy DOES NOT apply to information that:

  • We collect offline or on any other FNI or affiliate apps or websites, including websites or apps you may access through the FNI Site.
  • You provide to or is collected by any third party.

Any other FNI or affiliate websites and apps and the websites and apps of third parties have their own privacy policies, which we encourage you to read before providing information on or through them. Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not use the FNI Site.

By using the FNI Site, you agree to this Privacy Policy and Terms of Use. This Privacy Policy and the Terms of Use may change from time to time (see 8. Changes To Our Privacy Policy and Terms of Use section below). Your continued use of the FNI Site after we make changes is deemed to be acceptance of those changes, so please check periodically for updates. The “last modified” date above will be updated to reflect the most recent changes that have been made.

This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the FNI Site.

1. Information We Collect and How We Collect It

We collect information from and about users of the FNI Site:

  • Directly from you when you provide it to us (1.a. Information You Provide to Us).
  • Automatically when you use the FNI Site (1.b. Automatic Information Collection and Tracking).

1.a. Information You Provide to Us

When you use the FNI Site, you have the option of voluntarily contacting us though the “Contact” page on the website. By contacting FNI, you are consenting to our replies to your communications. Communicating with us through these customer service channels allows us to answer questions and provide you with assistance. We do not retain information you provide though the “Contact Us” page or links for marketing purposes. By voluntarily contacting us, you may provide information by which you may be personally identified, such as name, email address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”).  We may retain records and copies of your correspondence for our records if you contact us.  If you do not want to provide us with personal information, you may simply choose not to contact us online.

1.b. Automatic Information Collection and Tracking

When you access and use the FNI Site, we use technology and analytic tools, such as Google Analytics, to automatically collect:

  • Usage Details. When you access the FNI Site, we may automatically use analytic tools to collect overall information regarding usage of the FNI Site. The analytic tools provide us with information such as numbers of unique visitors, number of visits, number of page views, the frequency, dates, and times of visits, communication data, and the resources that users access and use on the FNI Site.
  • Device Information. We may collect information about the type of computer or device you use to access the FNI Site and the internet connection you use, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.
  • Location Information. The FNI Site does not collect real-time information about the location of your device.

To learn about Google Analytics visit: https://marketingplatform.google.com/about/analytics.  If you do not want us to collect this information, you may opt out at any time by changing your cookies and tracking settings on your computer or device. Once provided, you may send us a request to delete your information as provided in the 5. Accessing and Correcting Your Personal Information section below. Note, however, that in some instances, opting out of tracking features will affect the accessibility or functionality of certain aspects of the FNI Site.

The technologies we use for automatic information collection may include:

Session Cookies.  A session cookie is a small file placed on your smartphone or computer, which is used only during the time you are actively on the FNI Site. It may be possible to refuse to accept cookies by activating the appropriate setting on your smartphone or computer. However, if you select this setting you may be unable to access certain parts of the FNI Site or certain functionality may be disabled.

Web Beacons. Pages of the FNI Site may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the FNI, for example, to count users who have visited those pages and for other related web/app statistics (for example, recording the popularity of certain content and verifying system and server integrity).

We do not perform behavioral tracking, such as using these technologies to collect information about your activities over time and across third-party websites, apps, or other online services.

2. How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information, to:

  • Provide you with access to the FNI Site and any other information, products, or services that you request from us.
  • Fulfill any other purpose for which you provide it.

The usage information we collect helps us to improve the FNI Site and to deliver a better experience by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize the FNI Site according to your individual interests.
  • Speed up your searches.
  • Recognize you when you use the FNI Site.

3. Disclosure of Your Information

We may disclose non-personally identifiable aggregated information about our users and other information that does not identify any individual or device without restriction. In addition, we may disclose personal information that we collect or you provide:

  • To fulfill the purpose for which you provide it.
  • With your consent.
  • To our employees, contractors, service providers, and other third parties we use to support our business and website and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which it was disclosed to them.
  • To our subsidiaries and affiliates or to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of FNI’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by FNI about the FNI Site users is among the assets transferred.
  • For any other purpose disclosed by us when you provide the information.
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce our rights arising from the Terms of Use or any contracts entered into between you and us.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our customers, tenants, employees, or others. This includes exchanging information with other companies and organizations for the purposes of public safety or fraud protection.

4. Your Choices About Our Collection, Use, and Disclosure of Your Information

We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.

Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

5. Accessing and Correcting Your Personal Information

You can request to review and/or change your personal information that you provided to us through our Contact Us page.  If you want us to delete all your information, you may also Contact Us and request deletion of any personal information that you have provided to us. We may elect not to accommodate a request to delete information if we believe the change would violate any law or legal requirement.  If we receive an email from you, we will delete your information within thirty (30) days unless we notify you otherwise. California residents may have additional personal information rights and choices. California residents should refer to the Supplemental Privacy Notice for California Residents at the end of this Privacy Policy.

6. Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on secure servers behind firewalls. The safety and security of your information also depends on you. If there is applicable functionality, we urge you to be careful about giving out information in public areas of the FNI Site. The information you share in public areas may be viewed by any user of the FNI Site.  Unfortunately, the transmission of information via the internet and mobile platforms is never completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through the FNI Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

7. Terms of Use

Intellectual Property Ownership and Use. All artwork, videos, images, content, text, and other materials appearing on the FNI Site are proprietary to and subject to copyrights owned by FNI, its affiliates, or its licensors. Any reproduction, retransmission, replication, or modification of all or part of any materials, content, image, video, or recording found on the FNI Site is expressly prohibited unless FNI or the copyright owner of the material has expressly granted its prior written consent to reproduce, retransmit, republish, or modify the material. The overall look and design of the FNI Site is the intellectual property of FNI. To the extent that FNI makes materials, like white papers / presentations, available to users of the FNI Site, the user is permitted to download or print a single copy of the materials for non-commercial use. Unless expressly stated otherwise, the names, trademarks, service marks and logos appearing on the FNI Site are owed by FNI and may not be used without FNI’s prior express written permission. All rights not expressly granted herein are reserved by FNI.

Social Media and Links to Other Sites. The FNI Site may contain links to social media sites and other websites that are not under the control of FNI. These links are provided as a convenience to you and the FNI is not responsible for the content, policies, or security protocols of any such sites. The inclusion of any such link within the FNI Site does not imply any approval or endorsement of such linked sites or their operators.

Disclaimer of Warranties. All information appearing on the FNI Site is provided for your convenience only. FNI does not represent or warrant that the information provided on the FNI Site is accurate or up to date. FNI maintains this website to provide convenient information about our various services, projects, locations, and other pertinent information regarding our company. FNI expressly disclaims any and all implied warranties of merchantability or fitness for a particular purpose. The information herein is not intended as a substitute for appropriate and qualified technical or engineering services and therefore shall not be deemed to constitute such services. Internet software including browsers or transmission problems can and do produce inaccurate and/or incomplete copies of documents when downloaded, displayed or printed on various devices. FNI makes no warranties or representations of any kind, either express or implied, as to the accuracy, validity, currency or reliability of any content found herein or on any other website linked to or from our website. All information contained herein is offered “AS IS” and without warranties of any kind, either express or implied. To the fullest extent allowed by applicable law, FNI disclaims any liability for damages of any kind arising out of or relating to the use or inability to use our website, its content, links, including but not limited to any special, incidental, or consequential damages. IF YOU ARE DISSATISFIED WITH ANY PART OF THE FNI SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE, EXCLUSIVE REMEDY IS TO STOP USING THE SITE.

Limitation on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FNI, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE FNI SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Information Submitted by You. FNI does not wish to receive confidential or proprietary information from you through this website. Any information FNI receives through this website shall be deemed to be non-proprietary and non-confidential, and by doing so via the FNI Site or through any electronic means, you understand and agree that FNI and/or its affiliates may use that information for any purpose whatsoever without obligation to you. You also grant to FNI and/or its affiliates an irrevocable, royalty-free, perpetual, non-exclusive, worldwide license to use copy, display, publish, modify or edit such submissions in any form, and to sub-license these rights to anyone.

Web Accessibility. The FNI Site complies with major points of the Web Content Accessibility Guidelines (WCAG) 2.0 and 2.1, but not all points. WCAG Guidelines were prepared by the World Wide Web Consortium (W3C), a consortium of private and non-profit companies that works to provide international standards for web content accessibility. If you need more information or special assistance for persons with disabilities or limited English proficiency, please contact FNI using the Contact Us page.

Governing Law and Jurisdiction. ANY CLAIM RELATING TO THE PRIVACY POLICY AND/OR TERMS OF USE, OR THE OPERATION OR USE OF THE FNI SITE OR THE PRODUCTS AND SERVICES THEREON, SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS.  VENUE FOR ANY CLAIM SHALL BE BROUGHT IN A STATE OR FEDERAL COURT HAVING JURISDICTION LOCATED IN TARRANT COUNTY, TEXAS.

8. Changes to Our Privacy Policy and Terms of Use

We may update our Privacy Policy and Terms of Use periodically. If we make material changes to how we treat our users’ personal information, we will post the new policy/terms on this page and update the date the Privacy Policy and Terms of Use were last modified, as is identified at the top of the page. You are responsible for periodically visiting this page to check for any updates.

9. Children Under the Age of 13

The FNI Site is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please Contact Us.

10. Contact Information

To ask questions or comment about this Privacy Policy and Terms of Use, Contact Us.

 


Supplemental Privacy Notice for California Residents

Effective Date: January 2021

This Supplemental Privacy Notice for California Residents supplements the information contained in this Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Notice.

1. Information We Collect

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include: (i) publicly available information from government records; or (ii) de-identified or aggregated consumer information.

In particular, we may have collected the following categories of personal information from consumers within the last twelve (12) months:

Category Examples Collected
A.  Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address. YES
B.  Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. NO

(except for name, which is included in A. Identifiers above)

C.  Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). NO
D.  Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. NO
E.   Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. NO
F.   Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. YES (cookies are used on the FNI Site)
G.   Geolocation data. Physical location or movements. NO
H.   Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. NO
I.   Professional or employment-related information. Current or past job history or performance evaluations. NO
J.   Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. NO
K.   Inferences drawn from other personal information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. NO

 

We obtain the categories of personal information listed as collected above from the following categories of sources: (i) Directly from you (for example, from the form you complete on the Contact Us page); and (ii) Indirectly from you (for example, from use of cookies and web beacons on our Website).

2. Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following purposes:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about our services, we will use that personal information to respond to your inquiry. We may also save your information to facilitate future services to you.
  • To provide, support, personalize, and develop our website, products, and services.
  • To create, maintain, customize, and secure your account with us.
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To personalize your website experience.
  • To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
  • For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our consumers is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

3. Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. We share your personal information with the following categories of third parties: None.

4. Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, FNI has only disclosed personal information, specifically Category A: Identifiers, for a business purpose.

We disclose your personal information for a business purpose to the following categories of third parties:  None.

5. Sales of Personal Information

In the preceding twelve (12) months, FNI has not sold personal information.

6. Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

6.a Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see 9. Exercising Access, Data Portability, and Deletion), we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

6.b. Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see 7. Exercising Access, Data Portability, and Deletion), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of obligation conducted in accordance with federal law, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

7. Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us through our Contact Us page or call 817-735-7300.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

For instructions on exercising sale opt-out rights, see 9. Personal Information Sales Opt-Out and Opt-In.

8. Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

9. Personal Information Sales Opt-Out and Opt-In Rights

We do not sell your personal information.  If that changes, we will provide you with additional information.

10. Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time. We do not currently provide financial incentives.

11. Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not disclose your personal to third parties for the direct marketing purposes.

12. Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the FNI Site and update the notice’s effective date. Your continued use of our website following the posting of changes constitutes your acceptance of such changes.

13. Enforcement Rights.

The Attorney General of the State of California may enforce these rights. You also have a private right of action should breach occur. For more information on your enforcement rights visit:  https://oag.ca.gov/privacy/ccpa

14. Contact Information

If you have any questions or comments about this notice, the ways in which we collect and use your information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us. Contact Us or call 817-735-7300.