Privacy & Communication Policy

PRIVACY

Effective Date:11/25/2024
At Primmer Piper Eggleston & Cramer ("PPE&C," "we," "our"), we respect your privacy and are committed to protecting your personal information. This Privacy Policy explains what information we collect, how we use it, and how we protect it when you visit our website [www.ppec.com] ("the Site").

1. Information We Collect
Personal Information: When you contact us or sign up for updates, we may collect information like your name, email address, and phone number.
Usage Data: We collect non-personal information about how you use our website, such as your IP address, browser type, and pages you visit.
Cookies: We may use cookies (small files stored on your device) to improve your experience on our Site. You can disable cookies through your browser settings if you prefer.
2. How We Use Your Information
We use your information to:

• Respond to your inquiries or requests.
• Send you updates or information about our services.
• Improve our website and services.
• Comply with legal requirements.

3. Sharing Your Information
We do not sell or rent your personal information. We may share your information with trusted partners who help us operate our Site, like web hosting services. We may also disclose your information if required by law.

4. Data Security
We use reasonable measures to protect your information, but no method of internet transmission is 100% secure. While we strive to protect your data, we cannot guarantee its absolute security.

5. Your Choices
Opt-Out: You can opt out of receiving marketing emails from us by following the unsubscribe link in our emails or by contacting us directly.
Access and Updates: You can request access to or update your personal information by contacting us at primmer@primmer.com.

6. Third-Party Links
Our website may contain links to other websites. This Privacy Policy only applies to PPE&C’s website, so please review the privacy policies of any third-party sites.

7. Children’s Privacy
Our website is not intended for children under the age of 13. We do not knowingly collect personal information from children. If we learn we have, we will delete it.

8. Changes to This Privacy Policy
We may update this Privacy Policy from time to time. We will post any changes on this page, and the “Effective Date” at the top will reflect the update.

9. Contact Us
If you have any questions about this Privacy Policy, please contact us at:

Primmer Piper Eggleston & Cramer
30 Main Street, Suite 500
802-864-0880
primmer@primmer.com

COMMUNICATION

Communication is at the heart of the client-attorney relationship.  In order to maintain successful and efficient communication with clients, attorneys adapt to the client’s preferred communication method of choice. 

Communication via Email

We may communicate with you at times via e-mail.  There are inherent risks to the use of this method of communication, including interception of transmission and copying.  We will assume that you are willing to have us use this form of communication unless you ask us not to do so in writing.  Please note, however, that if you use your employer’s e-mail account, you may waive your attorney-client privilege by doing so.  

You may also wish to communicate through text messages (SMS).  In order to engage in a text conversation with you, under the guidelines set by the Telephone Consumer Protection Act (TCPA), the conversation must either be instigated by you, the client, or we must receive written consent from you to text you.  Due to the inherent risks with text messaging, we will not use this form of communication to discuss any confidential information including HIPAA protected information, PII, or any information covered under client/attorney privilege.  

Communication via SMS/Text Messaging

Like email, phone calls and letters, text messaging has unique security, ethical, and compliance issues that must be addressed before texting occurs.

The purpose of this policy is to outline when text messaging is acceptable, what may be included in a text message to a client, what needs to be communicated about texting to a client, and how to effectively retain text messages. 

• Texting must be instigated by the client, not the attorney or Primmer staff unless written consent is received from the client. The Telephone Consumer Protection Act (TCPA) requires all companies who send marketing or informational texts to gain express written permission from recipients.  This is otherwise known as ‘opt-in’.  The companies must also provide a clear way for recipients to ‘opt-out’ at any time.  This does not apply if the texts are both conversational in nature and instigated by the person receiving texts from the company.  By instigating the text communication, the client is implying consent.  We may instigate the texting if we have a written request from the client to do so.  An email from the client requesting that we text them would be sufficient and must be stored in the client matter for audit purposes. If the client asks to stop receiving texts at any time, this should be honored immediately and also noted in the client matter for audit purposes. 
• When a client expresses the desire to use texting as a form of communication, it is important to set clear expectations and review the risks of texting.  Items that should be discussed: 
  • When they can expect to receive replies to texts. 
  • What types of topics are appropriate with texting.  Examples are meeting reminders, directions to the office, and general matter updates.  
  • Topics/information that are not allowed to be shared over text.  This includes HIPAA protected information, PII, and any confidential information covered under client-attorney privilege. 
  • Risks inherent with texting: 
    • text notifications appearing on lock screens of mobile devices or shared mobile devices may result in others becoming aware of the client/attorney relationship. 
    • Texting on an unsecure or unencrypted platform may allow others to read messages.
    • A lost or stolen device can result in the reading of messages by a third party.

• • Costs associated with texting
    • Carriers may charge fees for text messages
    • Attorney fees for responding to text messages
• When texting with a client, always utilize the Primmer managed SMS Texting platform, currently Ring Central, to ensure that all text messages and associated data are encrypted. 
• Never text from the native messaging app on a personal device. 
• Text messages should be exported from Ring Central and filed in the appropriate Client-Matter in iManage within 30 days of being sent/received. 
• Attorneys are encouraged to add a paragraph about communication to their client engagement letters. 

Exceptions: Occasions may arise, due to emergent situations or critical factors, that require attorneys to instigate texting with a client.  If a situation arises that warrants this action, the attorney should avoid disclosing any confidential information via the text conversation and should obtain the client’s written consent to texting as soon as possible.