Consent and Privacy

Phonetic Designs (“Richard Horne” and “we”) respects the privacy of others. This Privacy Policy explains Richard Horne’s privacy practices with respect to the websites that link to this Privacy Policy (together with their respective pages and features, the “Site”). This Privacy Policy is also intended to provide you (together with any person helping you visit, access, register with or use any of those online or digital properties, products or services, “you” or “your”) with an overview of the following:

  • the type of information about you Richard Horne collects through the Site;
  • how Richard Horne collects such information;
  • how Richard Horne uses such information;
  • who will have access to such information; and
  • Richard Horne’s security measures for protecting such information.

This privacy policy applies to information collected through the site. Carefully read this privacy policy in its entirety.

You are automatically accepting and agreeing to the most-recent version of this privacy policy, as well as Richard Horne’s Terms of Use, whenever you create, register with or log into an account on or through the site. Similarly, you are automatically accepting and agreeing to the most-recent version of this privacy policy, as well as Richard Horne’s Terms of Use, whenever you visit, access, register with, subscribe to or use the site or any services provided by Richard Horne on the site; and your continuing visit, access, registration with, subscription to or use of any of the forgoing reaffirms your acceptance and agreement in each instance.

As used herein, the term “personal information” means information that relates to an identified or an identifiable individual (e.g., your name, physical address, telephone number, email address, social security number); and the term “non-personal information” means any information other than personal information that Richard Horne may collect from you, such as anonymized data, de-identified data and/or pseudonymous data.

1. A Special Note About Minors.

We do not knowingly collect personal information from children under the age of 13. If a child under 13 has provided us with personal information without parental or guardian consent, the parent or guardian may contact us at support@phonetic-designs.com, privacy@phonetic-designs.com. We will remove the information and unsubscribe the child from any of our electronic marketing lists.

2. Categories Of Information Collected.

Richard Horne may collect (and may have conducted during the 12-month period prior to the effective date of this Privacy Policy) personal and non-personal information about you through the Site. Depending upon your use of the Site, the categories of such information might include:

  • Identifiers: Non-limiting examples include your name (first, last and/or middle), unique identifiers (e.g., username), login information for the Site (e.g., username, password, security questions and answers), contact information (e.g., mailing address, email address, telephone number, facsimile number), tax ID number, your electronic signature, or other similar identifiers.
  • Information that identifies, relates to, describes or is capable of being associated with you: Non-limiting examples include a client number, billing history, payment information, your business information (e.g., company, title, mailing address, email address, telephone number, facsimile number, tax ID number).
  • Professional or employment-related information: Non-limiting examples include information related to your inquires about possible advertising opportunities with Richard Horne; information related to your employment or possible employment with Richard Horne (e.g., name, mailing address, email address, telephone number, salary requirements, interests, resume), your resume and other similar information.
  • Information relating to your use of the Site or other third-party platforms: Non-limiting examples include your computer, mobile device, and/or browser information (e.g., IP address, mobile device ID information, operating system, connection speed, bandwidth, browser type, referring/exit web pages, web page requests, cookie information, hardware attributes, software attributes), third-party website, network, platform, server and/or application information (e.g., Facebook, Twitter, Instagram, LinkedIn), usage activity concerning your interactions with the Site and/or third-party websites, networks, platforms, servers or applications accessed through the Site (e.g., how you accessed the Site, where you go when you leave the Site, number of clicks on a page or feature, amount of time spent on the Site or a page or feature, identity of third-party websites, networks, platforms, servers and applications accessed through the Site), usage activity concerning products and services provided to or accessed by you on or through the Site (e.g., number of viewers, viewing habits, viewing preferences, viewing history, title selections, favorites, streams, downloads, demographics and closed captioning selections), or similar information.

We do not knowingly request sensitive personal information, such as information relating to racial or ethnic origin, religious beliefs, genetic or biometric data, precise geolocation data or other similar information that may be defined as sensitive personal information under applicable law and we request that you do not send us any such information.

3. How Information Is Collected.

In general, you are not required to provide any personal information in order to consult our Site. However, you may elect to contact us by completing the form provided on the “Contact Us” page of the Site, in which case we ask you to provide your name and email address, and to submit specific questions to us. You may also elect to contact us voluntarily by telephone or e-mail. All personal data processed by us is necessary to fulfill the purposes for which they were collected.

When using the Site for mere information purposes, we may also collect the personal data that your web browser transmits to our server, including your IP address, the date and time of your visit, and data relating to your operating system and web browser. We use this data to ensure the security and successful navigation on the Site, and to compile statistical data on the use of our Site.

During the course of an engagement, or when consideration is being given to such an engagement, we may collect and process personal, financial or related data about our clients, prospective clients, their affiliates or the relevant members of their personnel. In addition, Richard Horne may assemble and maintain information relating to the legal services provided. The information that Richard Horne may assemble and maintain may be obtained from the client, generated as a result of the services provided, or received from third parties.

We may also collect personal information from you when you attend a seminar or other event provided by us, when you visit, make an inquiry or submit an application for employment to us, including through the Site or otherwise.

We may also collect information from publicly-accessible sources (such as government databases or electronic data resources), directly from a third party (such as our clients or other law firms, our service providers, or marketing partners) or from third parties with your consent.

In addition, if you or a third party sends Richard Horne a comment, message or other communication (such as, by way of example only, email, letter, fax, phone call, or voice message) about you or your activities on or through the Site, then Richard Horne may collect any personal or non-personal information provided therein or therewith.

Finally, Richard Horne might use various tracking, data aggregation and/or data analysis technologies, including, for example, the following:

  • Cookies, which are small data files (e.g., text files) stored on the browser or device you use to view a website or message. They may help store user preferences and activity, and may allow a website to recognize a particular browser or device. There are several types of cookies, including, for example, browser cookies, session cookies, and persistent cookies. Cookies may record information you access on one page of a website to simplify subsequent interaction with that website, or to help streamline your transactions on related pages of that website. Most major browsers are set up so that they will initially accept cookies, but you might be able to adjust your browser’s or device’s preferences to issue you an alert when a cookie is downloaded, or to block, reject, disable, delete or manage the use of some or all cookies on your browser or device.
  • Flash cookies, which are cookies written using Adobe Flash, and which may be permanently stored on your device. Like regular cookies, Flash cookies may help store user preferences and activity, and may allow a website to recognize a particular browser or device. Flash cookies are not managed by the same browser settings that are used for regular cookies.
  • Retargeting pixels, which are cookie-based technologies that might follow you across the web.
  • Web beacons, which are pieces of code embedded in a website or email to monitor your activity on the website or your opening of the email, and which can pass along information such as the IP address of the computer or device you use to view the website or open the email, the URL page on which the web beacon is located, the type of browser that was used to access the website, and previously set cookie values. Web beacons are sometimes used to collect advertising data, such as counting page views, promotion views or advertising responses. Disabling your computer’s, device’s or browser’s cookies or other tracking technology features may prevent some web beacons from tracking or recording certain information about your activities.
  • Tokens, which are digital objects or pieces of code that enable the tracking of emails and other electronic communications, online activities and devices (such as, for example, tracking tokens, device tokens), or that authenticate the identity of individuals or devices authorized to access certain secured information (such as, for example, access tokens). Disabling your computer’s, device’s or browser’s cookies or other tracking technology features may prevent some tokens from tracking certain information about your activities.
  • Scripts, which are pieces of code embedded in a website to define how the website behaves in response to certain key or click requests sent by the user. Scripts are sometimes used to collect information about the user’s interactions with the website, such as the links the user clicks on. Scripts are often times temporarily downloaded to the user’s computer or device from the website server, active only while the user is connected to the Site, and deactivated or deleted when the user disconnects from the Site.
  • Analytic tools and services, which are sometimes offered by third parties, and which track, measure and/or generate information about a website’s or program’s traffic, sales, audience and similar information, and which may be used for various reasons, such as, for example, statistical research, marketing research, and content ratings research, and conversion tracking.
  • Other third-party data tracking or analytic technologies (e.g., deep linking, eTags, device fingerprinting or cross-device tracking).

Please be advised that if you choose to block, reject, disable, delete or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies, then certain areas of the Site might not function properly.

By visiting, accessing, registering with or using the Site, you acknowledge and agree in each instance that you are giving Richard Horne permission to monitor or otherwise track your activities on the Site, and that Richard Horne may use the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies.

4. Use Of Information Collected.

Richard Horne may use the personal and/or non-personal information it collects from you through the Site in a variety of ways, such as, for example, to:

  • Respond to your requests;
  • For the performance of a contract to which you are a party or in relation to services being provided to our clients and/or payments for such services;
  • To promote our services, including delivery of publications or information regarding events;
  • Facilitate your movement through or use of the Site;
  • Provide you with information about Richard Horne products and services by letter, email, text, telephone or other forms of communication;
  • Improve the Site and/or its respective content, features and services;
  • Help personalize user experiences with the Site and/or its respective products and services;
  • Analyze traffic and/or user behavior and activity on or through the Site;
  • With your consent;
  • In relation to our recruitment and employment initiatives;
  • To protect or enforce Richard Horne’s respective rights and properties; and/or
  • Protect or enforce the rights and properties of others (which may include you).

Richard Horne reserves the right to use your personal and non-personal information when:

  • Required by applicable law, court order or other governmental authority (including, without limitation and by way of example only, in response to a subpoena or other legal process); or
  • Richard Horne believes in good faith that such use is otherwise necessary or advisable (including, without limitation and by way of example only, to investigate, prevent, or take legal action against someone who may be causing injury to, interfering with, or threatening the rights, obligations or properties of Richard Horne, a user of the Site which may include you or anyone else who may be harmed by such activities or to further Richard Horne’s legitimate business interests).

5. Sharing Of Information Collected.

We will not sell any of your personal information to any outside organization. We only disclose your personal information to third parties as is reasonably necessary to carry out the permitted uses described in this Privacy Policy.

For example, Richard Horne may share your personal information with the following:

  • Richard Horne’s employees, agents, administrators and sub-contractors who assist us in running our business;
  • Service providers and other third parties engaged in the course of services we provide to our clients, including local counsel, technology service providers such as data room management or e-discovery providers, mediators or other similar third parties.
  • Third parties involved in hosting, organizing or providing services for events or seminars;
  • Third parties we use to help us run our business, such as benefits administrators, marketing agencies, website hosts, technical and customer support contractors or other service providers who are required to keep personal information confidential and are prohibited from using it for any purpose other than providing contracted-for-services on our behalf.
  • Law enforcement or other governmental entities in response to what Richard Horne believes to be an allegation or suspicion of illegal activity, a request relating to a civil or criminal investigation, an allegation or suspicion of illegal activity, a subpoena, a court order, or any other activity that may expose Richard Horne to liability if it does not act or comply;
  • Any third parties who Richard Horne believes are necessary to help or allow Richard Horne to protect and enforce its rights and properties, including, without limitation, to enforce its rights under Richard Horne’s Terms of Use or any other agreements Richard Horne has with you, and to protect and enforce its intellectual property rights; and/or
  • Any third parties who Richard Horne believes are necessary to help or allow Richard Horne to protect the rights and properties of others (which may include you), assuming that Richard Horne believes it has an obligation to do so.
  • Our successors in the event of a sale, merger acquisition or similar transaction affecting the relevant portion of our business.

Richard Horne does not limit the ways in which it might use or share non-personal information – and Richard Horne reserves the unencumbered right, but not the obligation, to use or share non-personal information – because non-personal information does not identify you.

6. Data Retention.

Richard Horne may retain your personal information and non-personal information for as long as it is reasonably necessary for a legitimate business purpose, such as to provide you with services. We will, for example, retain your personal information where required for us to assert or defend against legal claims until the end of the relevant retention period or until the claims in question have been settled.

Richard Horne may dispose of or delete personal information or non-personal information at any time, except as set forth in any other agreement or document executed by both you and Richard Horne concerning the same or as required by law.

7. Third Parties And Their Applications And Networks.

The Site and/or any communications sent through or as a function of the Site might contain links to third-party websites, networks, platforms, servers and/or applications. Third-party websites, networks, platforms, servers and/or applications might also contain links to the Site.

In addition, you might have the opportunity to access the Site using your online user accounts with certain third-party websites, networks, platforms, servers or applications, which might be subject to separate privacy policies pertaining to those third-party websites, networks, platforms, servers or applications. Richard Horne might also collect information from those third-party websites, networks, platforms, servers or applications (such as, for example, your name, gender, date of birth and personal interests, when you “like” or click links provided by or through those third-party websites, networks, platforms, servers, or applications and other information available through your online account or page with those third-party websites, networks, platforms, servers or applications).

Moreover, Richard Horne might permit third parties to use their own tracking, data aggregation and/or data analysis technologies like the ones described above (e.g., third-party cookies).

You should carefully review the relevant terms of use and privacy policies associated with third party websites, networks, platforms, servers and applications.

8. Security.

Richard Horne has implemented appropriate technical, physical and organizational measures designed to protect personal information against unlawful destruction or accidental loss, damage, alteration, unauthorized disclosure or access, as well as other forms of unlawful processing.

To help maintain the security of your personal information, Richard Horne asks that you please notify it immediately of any unauthorized visit, access or use of the Site, or the loss or unauthorized use of your user access information for the Site (e.g., username or password).

9. Your Privacy Rights.

You can exercise your privacy rights in accordance with applicable law through global privacy control. You may also contact us at support@phonetic-designs.com, privacy@phonetic-designs.com or write to us at the address set forth in Section 18 below. Any appeals based on our denial of your request to exercise a data privacy right may also be sent to the address in Section 18 below.

You have multiple privacy rights, subject to applicable law, with respect to the personal information we process about you, including the following:

  • Confirm whether we are processing your personal information.
  • Opt-out of our use or sharing of your personal information and sensitive personal information (if any). You may withdraw your consent you have previously provided for the processing of personal information about you, including for email marketing by Richard Horne.
  • Delete personal information. You can ask us to erase or delete all or some of the information about you.
  • Change or correct personal information. You can edit some of the information about you. You can also ask us to change, correct, update or fix information about you in certain cases, particularly if it is inaccurate.
  • Object to, limit or restrict use of personal information. You can ask us to stop using all or some of the information about you (for example, if we have no legal right to keep using it) or to limit our use of it (for example, if the information about you is inaccurate).
  • Right to access and/or have your information provided to you. You can also ask us for a copy of information about you and can ask for a copy of information about you provided in machine readable form if you reside in the EU, California, Texas or another jurisdiction that provide you with this right as a matter of law.

Notwithstanding the above, please note that we may still need to retain personal information necessary to provide you with services and/or where we are required or authorized to do so by applicable law.

10. California Privacy Rights

If you are a California resident, you may request that we:

  1. disclose to you the following information covering the 12 months preceding your request:
  • the categories and specific pieces of personal information we collected about you and the categories of personal information we sold;
  • the categories of sources from which we collected such personal information;
  • the business or commercial purpose for collecting or selling personal information about you; and
  • the categories of third parties to whom we sold or otherwise disclosed personal information.
  1. delete personal information we collected from you; or
  2. opt-out of any future sale of personal information about you.

You can exercise your California privacy rights in accordance with applicable law through our global privacy control or inquiry form. You may also contact us at support@phonetic-designs.com, privacy@phonetic-designs.com.

We will respond to your request consistent with applicable law. If you are an authorized agent making an access or deletion request on behalf of a Californian resident, please reach out to us via the inquiry form and indicate that you are an authorized agent. We will provide you with instructions on how to submit a request as an authorized agent on behalf of a Californian resident.

11. Users Outside The United States.

We are headquartered in the United States of America and information is processed globally as necessary in accordance with this Privacy Policy. Personal information may thus be accessed by us or transferred to us in the United States.

By providing us with personal information, you consent to the storage or processing of your personal information in the United States and acknowledge that the personal information will be subject to the laws of the United States, including the ability of governments, courts or law enforcement or regulatory agencies of the United States to obtain disclosure of your personal information.

We will protect the privacy and security of personal information according to this Privacy Policy, regardless of where it is processed or stored.

Users located in the EU, EEA, the UK and/or other countries with similar laws should refer to Section 12 of this Privacy Policy. Residents of Canada should refer to Section 13 of this Privacy Policy.

12. Legal Basis For Processing In Certain Foreign Jurisdictions

For personal information collected about you in the EU, EEA, the UK and other relevant jurisdictions where disclosure of the legal basis for processing may be required, our legal bases for processing your personal information includes:

Performance of a contract with you when we provide and maintain our Site. When we process personal information solely to provide our services to you, this information is necessary to be able to provide our services. If you do not provide this information, we may not be able to provide our services to you. With respect to certain courses and/or licenses, we may be required to disclose this information to certain governmental agencies.

Our legitimate interests in protecting our Site from abuse, fraud, or security risks, or in developing, improving, or promoting our Site, including when we train our models. This may include the processing of personal information to communicate adequately with you, to respond to your requests, and to tailor our marketing and sales activities to your interests.

Your consent when we ask for your consent to process your personal information for a specific purpose that we communicate to you. You have the right to withdraw your consent at any time.

Compliance with our legal obligations when we use your personal information to comply with applicable law or when we protect our or our affiliates’, users’, or third parties’ rights, safety, and property.

In order to comply with applicable laws and regulations, such as to comply with a subpoena or other legal process, or to process an opt-out request.

Data Transfers. Where required, we will use appropriate safeguards for transferring Personal Information outside of certain countries. We will only transfer Personal Information pursuant to a legally valid transfer mechanism.

Data Protection Officer. You can contact our data protection officer at support@phonetic-designs.com, privacy@phonetic-designs.com in matters related to Personal Information processing.

13. Canada Privacy Rights

If you are a Canadian Citizen, then, pursuant to Principle 9 of the Model Code for the Protection of Personal Information, you have the right to request the existence, use and disclosure of your Personal Data and be given access to that information. You are further able to challenge the accuracy and completeness of the information and have it amended as appropriate. Specifically, you are entitled to obtain free of charge, information from us regarding whether or not we have any of your Personal Data, an account of the use that has been made of that information, and an account of the third parties to which it has been disclosed. Please submit any such request (“Canada Privacy Rights Request”) to any one of the following: By mail: Phonetic Designs, 2323 Ross Ave., Ste. 600, Dallas TX, 75201, Attn. Canada Privacy Agent, with a subject line of “Your Canada Privacy Rights”. By email: support@phonetic-designs.com, privacy@phonetic-designs.com, with a subject line of “Your Canada Privacy Rights – Attn. Canada Privacy Agent”.

For each Canada Privacy Rights Request, please state “Your Canada Privacy Rights” in the email or letter subject line, and clearly state the following in the body: (a) the nature of your request; (b) that the request is related to “Your Canada Privacy Rights;” (c) your name, street address, city, state, zip code and email address; and (d) whether you prefer to receive a response to your request by mail or email. If you send a Canada Privacy Rights Request by mail, then please do so by U.S. Certified Mail, Return Receipt Requested to allow for confirmation of mailing, delivery and tracking. We will not accept a Canada Rights Request via telephone or fax; and are not responsible for a Canada Privacy Rights Request that is incomplete, incorrectly labeled or incorrectly sent. Finally, as explained further above, we do not authorize third parties to collect your personal information when you use the Site, except as expressly stated in this Privacy Policy. To the fullest extent permitted by law, we are not responsible for, and you hereby release us from, any and all liability which may arise from, such third parties’ unauthorized collection of your personal information.

14. Global Privacy Control

The Site supports Global Privacy Control.

15. Modifications Of This Privacy Policy.

We regularly review and revise our Privacy Policy. We make changes to the Privacy Policy available on this page and note that the policy has been updated. If we make material changes to how we treat your personal information, we will notify you through a notice on our home page.

16. Severability.

If any term or condition of this Privacy Policy is deemed invalid or unenforceable by a court of law with binding authority, then the remaining terms and conditions shall not be affected, and the court shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Privacy Policy.

17. Contact Us.

Please direct any questions you may have about this Privacy Policy to support@phonetic-designs.com, privacy@phonetic-designs.com with a subject line of “Privacy Policy.” The foregoing contact information may change from time-to-time by supplementation, amendment, or modification of this Privacy Policy.

18. Richard Horne’s Corporate Headquarters

Richard Horne’s corporate headquarters are located at:

2323 Ross Ave., Ste. 600
Dallas, TX 75201

19. Modification Date.

This Privacy Policy was last modified on July 1, 2024.