Terms and Privacy Policy

Last updated: January 15, 2021 

FISH v. TESLA, INC. CLASS ACTION SUPPLEMENTAL PRIVACY POLICY 

Who We Are
We are Fish IP Law, LLP (“Fish IP”, “we”, “our”, or “us”) – a premier, boutique intellectual property law firm located in Irvine, California.

Our main website address is: https://fishiplaw.com.

We have initiated a class action lawsuit against Tesla, Inc. The case is titled, Fish v. Tesla, Inc. (Case No. 8:21-cv-00060) in the Federal District Court for the Central District of California (the “Lawsuit”).  We have created a special web page https://fishiplaw.com/fish-v-tesla/ (the “Site”) to explain the complaint, offer a self-test to determine whether  interested individuals qualify as class members, and collect and sort data pertinent to the case.

Fish IP takes user data privacy seriously, and this Supplemental Privacy Policy explains how we collect, store, and use personal information you provide us through the Site. By accessing or using the Site in any manner, you agree to be bound by this Supplemental Privacy Policy, which may be updated from time to time.  If we make a material change to this Supplemental Privacy Policy, we will notify you by posting the change on this web page.  Your continued use of the Site will signify and affirm your acceptance of such changes as of the time of their posting. 

When you click on a link to third party sites from this Site, this Supplemental Privacy Policy does not apply to, nor can it control the activities of such third party sites.  We highly recommend you diligently review the privacy policy of any third party site to which you may be directed, before providing any personal identifying information to such sites.  

Personal Data We Collect And Why We Collect It 

Our website is published through WordPress, which provides the following information that applies to the Site:

Comments
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Contact Forms
When visitors contact us through the Information form on the Site, we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

Cookies
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Lawsuit-Specific Information
This Site was created specifically for the purposes of explaining the complaint, offering a self-test to determine whether interested individuals qualify as class members, and collecting and sorting data pertinent to the case.  Any information you provide to us concerning the Lawsuit through online forms made available on the Site or via email will be stored in accordance with our document retention procedures and used for such purposes, as otherwise pertinent to the Lawsuit, and/or in compliance with a subpoena or court order, applicable law, or ethical rules. Upon resolution of the Lawsuit, such information will be retained in accordance with the California Rules of Professional Conduct. 

Embedded Content From Other Websites
The FAQ pages on the main fish-ip.com website include embedded YouTube videos. All video links are set to “private”, meaning Google will not collect any user information unless one of the videos has been viewed.

Third party websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.  Fish IP does not control or publish privacy policies of such third parties, and you should diligently review the privacy policies of third party sites to manage your personal data and identifying information. 

Analytics
We do not currently use Google analytics. Our hosting service has access logs allowing administrators to see who has visited the Site. Logs are processed and archived every 24 hours, and the previous month’s logs are removed at the end of each month.

There is no personal information available through the access logs.

Who We Share Your Data With
We do not sell any user data or your personal information to third parties, nor do we trade it for any purpose. Data collected for the Lawsuit may be used in the course of the Lawsuit, or as required by subpoena or court order or applicable law.

How Long We Retain Your Data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

WordPress’ policy is as follows: For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

To the extent Lawsuit specific information you provide must be retained in accordance with the California Rules of Professional Conduct, we will retain such information in accordance with our internal document retention procedures.

Your Data Rights
You can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

If you have any questions or requests for removal of data, please contact dwalston@fishiplaw.com.

California Consumer Rights
If you are a California resident, you have the following rights:

1. The right to request, up to two (2) times in a single twelve-month period, that we inform you of (a) the categories of personal information we have collected, disclosed, or sold about you in the prior twelve (12) months; (b) the categories of sources from which the personal information was collected; (c) the business purpose for which we use this information; and (d) the categories of third parties with whom we share or have shared your personal information in the same twelve (12) month period;
2. The right to request, up to two (2) times in a twelve (12) month period, that we disclose to you, free of charge, the specific pieces of personal information we have collected about you in the prior twelve (12) month period;
3. The right to request, up to two times in a twelve (12) month period, that we delete personal information that we collected from you, subject to certain exceptions;
4. The right to opt-out of the sale of your personal information to third parties;
5. The right to designate an authorized agent to submit one of the above described requests on your behalf; and
6. The right to not be discriminated against in receiving different or less favorable pricing, service, or financial incentive for exercising any of the above rights.

You can submit a verifiable consumer request as described above by the following methods:

1. Sending us an email to dwalston@fishiplaw.com; or
2. Calling us directly at (949) 943-8300.

Upon receipt of a valid consumer request, we will ask you to provide some information so we may verify your identity and respond to your request.  We will ask you to verify information that can be used to link your identify to particular records within our possession, which depends on the nature and extent of your relationship with Fish IP.  For purpose of example only, if your sole relationship with us was as a website visitor, we will need to ask you to provide your name, email, phone number, IP address, browser and/or cookie ID.

If you are an authorized agent of a California consumer, we will ask you to provide us further verification to confirm you are the authorized agent of such consumer.

To assist us in providing you a timely response to your request under the California Consumer Privacy Act, please include in the subject line of your email either “California Consumer Privacy Act request,” or “CCPA request.”

For more information concerning your rights under the California Consumer Privacy Act, see Cal. Civ. Code § 1798.100.

Where We Send Your Data
WordPress has the following policy that applies to this Site:

Visitor comments may be checked through an automated spam detection service.  Fish IP does not otherwise send your data or personal identifying information to third parties for purposes outside the resolution of the Lawsuit, or unless required by applicable law, subpoena, or court order.

Children Under the Age of 16
This Site is not intended for children under sixteen (16) years of age.  No person under age sixteen may provide any personal information on or through the Site. We do not knowingly collect the personal or identifying information of children under sixteen.  If you are under the age of sixteen, do not use or provide any information to us through this Site.  If we learn we have collected or received personal or identifying information from a child under sixteen without verification of parental consent, we will delete such information.  If you believe we may have any information from or about a child under sixteen, please contact us at dwalston@fishiplaw.com.

Questions About This Supplemental Privacy Policy
If you have questions about this Supplemental Privacy Policy, you should contact us by phone at (949) 943-8300 or by email at dwalston@fishiplaw.com

Consent To Terms And Conditions
By using this Site, you consent to all terms and conditions expressed in this Supplemental Privacy Policy and the Terms and Conditions that govern Fish IP’s main website.

Nothing in this Supplemental Privacy Policy or this Site constitutes legal advice, nor should any statements therein be understood as legal advice.