Privacy Policy

By visiting www.thelemieuxreport.com (the “Site”) you are accepting the practices described in this Privacy Policy and the terms and conditions of our Agreement of Terms of Use located at the URL www.thelemieuxreport.com/terms-of-use (the “Terms of Use”). For purposes of this Agreement and the Privacy Policy, the terms “we,” “us,” or “our” means Gunster, Yoakley & Stewart, P.A.

We take your privacy seriously. We have published this Privacy Policy to help you understand how we collect and use your personal information.

Collection of Personally Identifiable Information

Certain features of the Site require you to provide personally identifiable information. Personally identifiable information generally includes information that could be used to determine your identity, such as your name, address, phone number and e-mail address, and birth date. The following are certain situations in which we may collect personally identifiable information from you:

• Registration. When you register with us, we may ask for personally identifiable information like your e-mail address, name and address. We collect this personally identifiable information from you.
• Use of Forums. If you choose to transmit, submit or post information through any forums available on the Site, we will collect that information you provide.
• Forms. We may collect personally identifiable information from you if you choose to fill out any forms, profiles, or surveys on the Site.
• Correspondence. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may choose to collect such information about you.
• Business Partners. We may receive your personally identifiable information from one of our business partners.
• Other Sources. We may receive and collect information about you from other sources, such as instant messaging services, blogs, newspapers, and other users of our products and services.

Use of Personally Identifiable Information

We use your personally identifiable information as follows:

• to fulfill your requests for certain products and services;
• to contact you and deliver information to you such as newsletters, and other communications relevant to your use of the Site and information about us and services and seminars that we offer;
• to analyze site usage, improve marketing and promotional efforts, and improve and customize our content, layout, products and services;
• to provide customer support and troubleshoot and resolve problems and disputes;
• for trying to detect and protect against error, fraud or other criminal activity, enforcing our Terms of Use, other internal purposes, and as otherwise described to you at the time of collection; and
• as otherwise set forth in this Privacy Policy.

You expressly agree to our use of your personally identifiable information as set forth in this Privacy Policy and the Terms of Use.

Disclosure of Personally Identifiable Information

The following describes some of the ways that your personally identifiable information may be disclosed in the normal scope of business:

• Forums. Any information that you place or submit to be placed within any forum on the Site may be disclosed to the public.
• Advertisers. We may aggregate personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes.
• Internal Service Providers. We may use third parties that we refer to as internal service providers to facilitate or outsource one or more aspects of our business, product and service operations (e.g., technology, forums, analytical tools, advertising campaign management) and therefore we may provide some of your personal information directly to these internal service providers. We implement reasonable contractual and technical protections limiting the use of your personally identifiable information by internal service providers, unless you have provided permission for additional uses.
  
  Please note that if you provide additional information to an internal service provider directly, then the internal service provider’s use of your personally identifiable information is governed by the internal service provider’s privacy policy. You should evaluate the practices of internal services providers before deciding to provide information directly to an internal service provider.

Notwithstanding the foregoing, we reserve the right (and you authorize us) to share or disclose your personally identifiable information when we determine, in our sole discretion, that the disclosure of your personally identifiable information is necessary to identify, contact, or bring legal action against you if:

• you are or may be violating this Privacy Policy or our Terms of Use;
• you are interfering with another's rights or property, including, without limitation, our rights or property;
• you are violating any applicable law, rule or regulation;
• necessary or required by any applicable law, rule or regulation; and/or
• requested by authorities in the event of any act of terrorism or instance of local, regional or national emergency.

Personally identifiable information and other personal information collected from you may also be transferred to a third party as a result of a sale, acquisition, merger, reorganization, other transfer or bankruptcy (a “Transfer”) involving us and/or our affiliates. We specifically reserve the right to transfer personally identifiable information collected from the Site, and any of its databases, together with any personally identifiable information contained therein, to a third party in connection with a Transfer, and nothing in this Privacy Policy is intended to interfere with our ability to transfer all or part of our business and/or assets (including the Site) to an affiliate or independent third party at any time, for any purpose, without any limitation whatsoever.

Please note that, although we use security measures to keep your personally identifiable information anonymous, no security measure is perfect or impenetrable. In addition, due to the existing environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose personal information to the government or third parties under certain circumstances or third parties may unlawfully intercept or access transmissions or private communications. Therefore, notwithstanding anything to the contrary within this Privacy Policy, the Terms of Use or the Site, you use the Site at your own risk and we do not promise, and you should not expect, that your personally identifiable information or private communications will always remain private.

Changes to Personally Identifiable Information and Use Preferences

You may at any time opt-out of our use of your personally identifiable information via our unsubscribe process available in the footer link of each newsletter. After we process your opt-out request, we will stop using your personally identifiable information.

CAN-SPAM Compliance

We send only verified, double-opt-in e-mails, specifically requested by our subscribers. We are fully compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003.

Cookie technology

"Cookies" are alphanumeric identifiers in the form of text files that are inserted and stored by your Web browser on your computer's hard drive. We, our external service providers, internal service providers, and third-party advertising companies, may set and access cookies on your computer to track and store preferential information about you. We, and our external service providers, internal service providers, and third-party advertising companies gather anonymous information about you through cookie technology on an aggregate level only. For example, a third-party advertising company may assign a cookie (and a Web beacon, described below) to you, to limit the amount of times you see a particular advertisement or to help better determine which advertisements to serve to you. Please note that most Internet browsers will allow you to stop cookies from being stored on your computer and to delete cookies stored on your computer.

Web beacons

“Web beacons”, also called single-pixels (1x1) or clear GIFs, are electronic images that allow a Web site to access cookies and help track marketing campaigns and general usage patterns of visitors to those Web sites. Web beacons can recognize certain types of information, such as cookie numbers, time and date of a page view, and a description of the page where the Web beacon is placed. No personally identifiable information about you is shared with third parties through the use of Web beacons.

• Internal use of Web beacons. We may use Web beacons internally to count users and recognize users through cookies. Access to cookies helps us personalize your experience when you visit the Site.
• Email. We may include Web beacons in HTML-formatted email messages that we or our affiliates or agents send. Including Web beacons in email messages helps us determine your interest in and the effectiveness of such emails.
• External use of Web beacons. We may also use Web beacons externally. For example, we may report aggregate information about the Site users, such as demographic and usage information, to third parties. We may also include other company’s Web beacons within the Site.
  

Security

We use industry-standard security measures to protect your information. In the unlikely event that an unauthorized third party compromises our security measures, we will not be responsible for any damages directly or indirectly caused by an unauthorized third party's ability to view, use or disseminate such information.

Links to Other Web sites

The Site may include links to other third party Web sites. Such links are not an endorsement by us of those Web sites and/or the products or services offered there. Third party Web sites may have different privacy policies and we are not responsible for the privacy practices of those third party Web sites. If you click on a link to a third party Web site, we encourage you to check the privacy policy of that Web site, as it may differ substantially from that of this Privacy Policy.

Access and Use of the Site

The Site is intended to be accessed and used only by adults and is not directed to children under the age of 18. We do not knowingly permit registration of personally identifiable information by anyone under the age of 18. You hereby agree not to submit any information to us about anyone under the age of 18. We cannot verify that a submission does not constitute information about a person under the age of 18.

Changes to this Privacy Policy

We reserve the right to update, amend and/or change this Privacy Policy at any time in our sole discretion and without notice. Updates to this Privacy Policy will be posted here. Any information we collect from you online is subject only to our most current Privacy Policy. You are encouraged to revisit this Privacy Policy from time to time in order to review any changes that have been made. Our last update was March 11, 2008. Your continued access and use of the Site following the posting of any such changes shall automatically be deemed your acceptance of the same.

In the event one part of this Privacy Policy is found to be invalid or unenforceable, such provision shall be struck and the other provisions shall remain valid and enforceable provided that doing so does not render the Privacy Policy meaningless or of no value.

Governing Law; Arbitration

This Privacy Policy is to be governed by and construed in accordance with the internal laws of the State of Florida, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of, or relating to, this Privacy Policy shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Palm Beach County, Florida. You and we shall select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator as a retainer for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.

Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and us, and your and our respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or we be entitled to punitive, special, indirect or consequential damages, and both you and we hereby waive your rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business. The provisions of the Terms of Use, including, without limitation, disclaimers of warranty, limitation of liability and indemnification, apply to this Privacy Policy.

Amendment

We may amend this Privacy Policy at any time by posting the amended terms on the Site. All amended terms shall automatically be effective when posted on the Site.

Contact Us

You can direct any questions concerning this Privacy Policy to us at the following addresses:

Via e-mail: clientservices@gunster.com

Via U.S. or International Mail:
215 South Monroe Street, Suite 618
Tallahassee, FL 32301