Privacy policy

1. Introduction

1.1 We are committed to safeguarding the privacy of our website visitors and service users.

1.2 This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.

1.3 We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask you to consent to our use of cookies when you first visit our website.

1.5 In this policy, "we", "us" and "our" refer to James Keenan Law. For more information about us, see Section 13.

2. Credit

2.1 This document was created using a template from SEQ Legal (https://seqlegal.com).

3. How we use your personal data

3.1 In this Section 3 we have set out:

(a) the general categories of personal data that we may process;

(b) [in the case of personal data that we did not obtain directly from you, the source and specific categories of that data];

(c) the purposes for which we may process personal data; and

(d) the legal bases of the processing.

3.2 We may process data about your use of our website and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is Matomo Analytics. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.

3.3 We may process your account data ("account data"). The account data may include your name and email address. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

3.4 We may process your information included in your personal profile on our website ("profile data"). The profile data may include your name, address, telephone number, email address, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details. The profile data may be processed for [the purposes of enabling and monitoring your use of our website and services. The legal basis for this processing is our legitimate interests, namely the performance of a contract between you and us and/or taking steps, at you request, to enter into such a contrac.

3.5 We may process information that you post for publication on our website or through our services ("publication data"). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is consent, namely the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

3.6 We may process information contained in any enquiry you submit to us regarding goods and/or services ("enquiry data"). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent.

3.7 We may process information relating to our customer relationships, including customer contact information ("customer relationship data"). The customer relationship data may include your name, your employer, your job title or role, your contact details, and information contained in communications between us and you or your employer. The source of the customer relationship data is you or your employer. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is consent, namely the proper management of our customer relationships.

3.8 We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website ("transaction data"). The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our website and business.

3.9 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent.

3.10 We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely [the proper administration of our website and business and communications with users.

3.11 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

3.14 In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

3.15 Please do not supply any other person's personal data to us, unless we prompt you to do so.

4. Providing your personal data to others

4.1 We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.

4.2 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of [obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

4.3 We may disclose specify personal data category or categories to our suppliers or subcontractors insofar as reasonably necessary for supply of services related to the administration or supply of our services.

4.4 We may disclose your enquiry data to one or more of those selected third party suppliers of goods and services identified on our website for the purpose of enabling them to contact you so that they can offer, market and sell to you relevant goods and/or services. Each such third party will act as a data controller in relation to the enquiry data that we supply to it; and upon contacting you, each such third party will supply to you a copy of its own privacy policy, which will govern that third party's use of your personal data.

4.5 In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

5. International transfers of your personal data

5.1 In this Section 5, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).

5.2 We and our other group companies have offices and facilities in America. The European Commission has made an "adequacy decision" with respect to the data protection laws of each of these countries. Transfers to America will be protected by appropriate safeguards, namely [the use of standard data protection clauses adopted or approved by the European Commission.

5.3 The hosting facilities for our website are situated in America. The European Commission has made an "adequacy decision" with respect to [the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission.

5.4 You acknowledge that [personal data that you submit for publication through our website or services] may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

6. Retaining and deleting personal data

6.1 This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

6.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

6.3 We will retain your personal data as follows:

(a) personal data category or categories will be retained for a minimum period of 1 day following collection, and may be retained indefinitely, for tax purposes, data analysis, and legal requirements.

6.4 Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

7. Amendments

7.1 We may update this policy from time to time by publishing a new version on our website.

7.2 You should check this page occasionally to ensure you are happy with any changes to this policy.

7.3 We may notify you of significant changes to this policy by email or through messaging on our website.

8. Your rights

8.1 In this Section 8, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

8.2 Your principal rights under data protection law are:

(a) the right to access;

(b) the right to rectification;

(c) the right to erasure;

(d) the right to restrict processing;

(e) the right to object to processing;

(f) the right to data portability;

(g) the right to complain to a supervisory authority; and

(h) the right to withdraw consent.

8.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.

8.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

8.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.

8.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

8.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

8.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

8.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

8.10 To the extent that the legal basis for our processing of your personal data is:

(a) consent; or

(b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,

and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

8.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

8.12 To the extent that the legal basis for our processing ofyour personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

8.13 You may exercise any of your rights in relation to your personal data [by written notice to us] OR [by [methods]][, in addition to the other methods specified in this Section 8].

9. About cookies (You may opt-out of cookies here)

9.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

9.2 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

9.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

10. Cookies that we use

10.1 We use cookies for the following purposes:

(a) authentication - we use cookies to identify you when you visit our website and as you navigate our website;

(b) status - we use cookies to help us to determine if you are logged into our website;

(c) security - we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally;

(d) analysis - we use cookies to help us to analyse the use and performance of our website and services; and

(e)[cookie consent - we use cookies to store your preferences in relation to the use of cookies more generally (cookies used for this purpose are: identify cookies).

11. Cookies used by our service providers

11.1 Our service providers use cookies and those cookies may be stored on your computer when you visit our website.

11.2 We use Matomo Analytics to analyse the use of our website. Matomo Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Matomo's privacy policy is available at: https://matomo.org/privacy-policy/.

12. Managing cookies

12.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);

(b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);

(c) http://www.opera.com/help/tutorials/security/cookies/ (Opera);

(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);

(e) https://support.apple.com/kb/PH21411 (Safari); and

(f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

12.2 Blocking all cookies will have a negative impact upon the usability of many websites./p>

12.3 If you block cookies, you will not be able to use all the features on our website.

12.4 Opting out of cookies

13. Children

The Site and Services are not directed to children under 13 years of age. This site does not knowingly solicit or collect information from children under 13 years of age.

14. Our details

14.1 This website is owned and operated by James Keenan Law.

14.2 We are registered in America, and our registered office is at 2600 H St. Sacramento, CA 95816.

14.3 Our principal place of business is at 2600 H St. Sacramento, CA 95816.

14.4 You can contact us:

(a) by post, to the postal address given above;

(b) using our website contact form;

(c) by telephone, on the contact number published on our website from time to time; or

(d) by email, using the email address published on our website from time to time.

14. Data protection officer

15.1 Our data protection officer's contact details are: This email address is being protected from spambots. You need JavaScript enabled to view it..

Facts about Bankruptcy in California

Although bankruptcy is governed by Federal law, exemptions of assets you may keep in California may vary to other States' exemptions. So, just because someone you know from another State says this or that applies, doesn't necessarily mean the same rules and conditions apply here in California. So the first step to take when considering bankruptcy is to get a good, experienced attorney who is skilled in bankruptcy here in California. Bankruptcy is a very specialized, and complex, area of law, with severe penalties if done wrong. This is not a job for an inexperienced person.

Should I file for bankruptcy?

There are many issues in your life if you are asking this question and it's important to speak to someone experienced who can help guide you to the correct decision. Bankrupty is a big step, but, on the other hand, the relief that filing bankruptcy gives can be substantial.

When you talk with us, we will advise you one the best course of action for your unique situation. There are different bankruptcy options, and these affect you and your financial situation in different ways.

Types of Bankruptcy

 We specialize in Chapter 7 and Chapter 13 bankruptcy. The names are derived from the chapter of the Federal Bankruptcy Code which they apply to.

Chapter 7 bankruptcy is the most common form of bankruptcy for individuals. It is called a "Liquidation Bankruptcy" as the court sells your assets to obtain cash to pay off your debts. Normally, all assets can be protected or exempted..

Chapter 13 bankruptcy is called a "Reorganizing Bankruptcy" because the debtor keeps all their assets and makes repayments to their creditors over a 3-5 year period. There are limits to the amount of debt which can be cover by a Chapter 13 bankruptcy.

How long does a bankruptcy case take?

The length of the case is dependent on which type of bankruptcy you choose. In a Chapter 7, debts could be discharged in as little as 3-4 months. A Chapter 13, because of its payment plan setup, can take as long as 5 years.

What is an Automatic Stay, and how does it work?

When you file for bankruptcy protection, the Federal Court issues a notice of automatic stay which prevents creditors from chasing debts you owe them.

Read more about bankruptcy on our Bankruptcy FAQ page >>

Conservatorships & Guardianships

Conservatorships and guardianships allow someone, often a family member, to care for another who is unable to care for themself. Conservatorships apply to adults who cannot care for themselves.  Guardianships relate to minors in need to care by someone other than a parent.

Types of Conservatorships

There are different options available, depending on the needs of the conservatee.

Probate Conservatorships

These are based on California's Probate Code and are the most common. They come in 2 types:

• General Conservatorships - for adults who cannot take care of themselves or their finances. Generally, these will be the elderly, though they may also be younger people who have serious impairment, for instance, from a motor vehicle accident.
• Limited Conservatorships - these are for adults with developmental disabilities who are unable to care for themselves fully. Conservatees of Limited Conservatorships do not need the higher level of care required by those covered by General Conservatorships.

Lanterman-Petris-Short (LPS) Conservatorships

These conservatorships cover adults with severe mental health issues who require special care. People covered by these conservatorships generally need very restrictive living arrangements and extensive mental health care Conservatees under LPS either cannot or will not agree tosuch care and treatment.

For more information on Conservatorships, duties of Conservators, and more, please visit the California Courts website.

Types of Guardianships

Guardianships share much of the make up and intended outcomes of Conservatorships, except they relate to the welfare of minors. They also have many similaities with adoption, though they are not exactly the same thing. A Guardianship is a court order giving custody of a child and/or management rights of a child's property (called "estate") to someone other than the child's parent(s).

There are 2 types of Probate Guardianship:

Guardianship of the person - the Guardian takes on the same responsibilities a parent would have for all care needs of the child. The Guardian has full legal and physical custody of the child and makes decisions on the child's care including:

• Food, clothing and shelter
• Safety and protection
• Physical and emotional growth
• Medical and dental care
• Education and any special needs
• Supervision

Guardianship of the Estate - Under this Guardianship, it is not the child him/herself who the Guardian is responsible for, but their property or estate. So the Guardian will manage a child's money, income, or other property until the child turns 18. Sometimes the Estate Guardian will also be the child's Guardian, but not always.

As a Guardian of the estate, they must:

• Manage the child's money
• Make smart investmernts
• Manage the child's property carefully

For more information on Guardianships, duties of Guardians, and more, please visit the California Courts website.