The McCullough Group (“we,” “us,” “our,” or “the Firm”) is committed to protecting the privacy and security of your personal information. This Privacy Policy describes how we collect, use, disclose, and safeguard information obtained through our website (www.tmglaw.com), email communications, telephone contacts, text messaging services, in-person consultations, and any other interactions with our law firm.

By using our website, contacting us, or engaging our legal services, you acknowledge that you have read and understood this Privacy Policy and agree to its terms.

1. Information We Collect

1.1 Personal Information

We collect various types of personal information that you voluntarily provide to us, including but not limited to:

• Contact Information: Name, mailing address, email address, telephone number, mobile phone number, and fax number
• Professional Information: Business name, job title, company information, and professional affiliations
• Legal Matter Information: Details regarding your legal needs, case information, documents, correspondence, and any other information relevant to legal representation
• Financial Information: Billing information, payment card details, bank account information, and transaction history for legal services rendered
• Identification Information: Date of birth, Social Security number, driver’s license number, passport information, and other government-issued identification when required for legal services
• Family Information: Information about family members, dependents, beneficiaries, and other relevant parties as needed for legal representation

1.2 Information Collected Automatically

When you visit our website, certain information is automatically collected through cookies, web beacons, and similar technologies:

• Device Information: IP address, browser type and version, operating system, device identifiers, and mobile network information
• Usage Information: Pages visited, time spent on pages, links clicked, referring website addresses, search terms used, and navigation patterns
• Location Information: General geographic location derived from IP address
• Technical Information: Screen resolution, language preferences, time zone settings, and connection speed

1.3 SMS and Text Messaging Information

If you opt-in to receive text message communications from us, we collect:

• Mobile phone number
• SMS consent records and timestamps
• Message content and communication history
• Opt-in and opt-out preferences
• Carrier information

1.4 Information from Third Parties

We may receive information about you from:

• Court records and public databases
• Opposing counsel and other parties in legal matters
• Expert witnesses and consultants
• Background check services and investigation firms
• Credit reporting agencies
• Professional references and referral sources

2. How We Use Your Information

We use the information we collect for the following purposes:

2.1 Legal Services and Client Representation

• Providing legal advice and representation
• Conducting legal research and analysis
• Preparing legal documents, pleadings, and correspondence
• Communicating with clients, courts, opposing parties, and other relevant entities
• Managing case files and legal matters
• Protecting and asserting legal rights

2.2 Business Operations

• Processing payments and maintaining billing records
• Scheduling appointments and consultations
• Responding to inquiries and providing customer service
• Maintaining client relationship management systems
• Conducting internal quality assurance and training
• Managing and improving our business operations

2.3 Communication

• Sending legal updates, case status notifications, and appointment reminders
• Delivering newsletters, legal alerts, and informational content
• Responding to requests and inquiries
• Conducting client satisfaction surveys
• Providing information about our legal services

2.4 Website and Technology

• Operating, maintaining, and improving our website
• Analyzing website usage and visitor behavior
• Troubleshooting technical issues
• Preventing fraud, security threats, and unauthorized access
• Ensuring network and information security

2.5 Compliance and Legal Obligations

• Complying with applicable laws, regulations, and court orders
• Meeting professional ethical obligations and rules of professional conduct
• Responding to legal process and government requests
• Conducting conflict of interest checks
• Maintaining records as required by law

3. How We Share Your Information

We may share your information in the following circumstances:

3.1 Legal Representation and Service Providers

• Courts and Legal Proceedings: Filing documents with courts, tribunals, and administrative agencies as required for legal representation
• Opposing Counsel and Parties: Sharing information as necessary in the course of legal proceedings, negotiations, and settlements
• Expert Witnesses and Consultants: Providing information to professionals retained to support your legal matter
• Co-Counsel and Legal Professionals: Collaborating with other attorneys when necessary for your representation
• Mediators and Arbitrators: Disclosing information during alternative dispute resolution processes

3.2 Business Service Providers

We engage trusted third-party service providers who assist us in operating our business, including:

• Payment processors and financial institutions
• Document management and cloud storage services
• IT support and cybersecurity providers
• Email and communication platforms
• Website hosting and analytics services
• Accounting and bookkeeping services
• Marketing and business development services
• Legal research platforms and databases

These service providers are contractually obligated to protect your information and use it only for the purposes for which it was disclosed.

3.3 Legal and Regulatory Requirements

We may disclose your information when required or permitted by law:

• To comply with court orders, subpoenas, and legal process
• To respond to lawful requests from government authorities
• To comply with applicable laws and regulations
• To protect the rights, property, and safety of our firm, clients, and others
• To prevent fraud, security threats, or illegal activity
• To enforce our agreements and policies

3.4 Business Transfers

In the event of a merger, acquisition, reorganization, sale of assets, or bankruptcy, your information may be transferred as part of the transaction. We will provide notice before your information is transferred and becomes subject to a different privacy policy.

3.5 With Your Consent

We may share your information with third parties when you have given us explicit permission to do so.

3.6 Restrictions on Sharing SMS Information

SMS opt-in or phone numbers for the purpose of SMS are not being shared with any third party and affiliate company for marketing purposes. While we may share other types of information with service providers and for legitimate business purposes as described in this policy, your mobile phone number and SMS consent status remain protected and are not used for marketing by third parties or affiliate companies.

4. Your Rights and Choices

4.1 Access and Correction

You have the right to access, review, and request correction of your personal information held by our firm. To exercise this right, please contact us using the information provided at the end of this policy.

4.2 Communication Preferences

You may opt out of receiving marketing communications from us by:

• Clicking the “unsubscribe” link in marketing emails
• Contacting us directly to update your preferences
• For SMS messages, texting “STOP” to opt out of future text messages

Please note that even if you opt out of marketing communications, we may still send you transactional messages related to your legal matters and our attorney-client relationship.

4.3 SMS Opt-Out

If you have opted into receiving text messages from us, you may opt out at any time by:

• Texting “STOP,” “UNSUBSCRIBE,” “CANCEL,” or “END” to the number from which you received messages
• Contacting our office directly to remove your number from our SMS list

After opting out, you will receive one final confirmation message. Message and data rates may apply based on your mobile carrier’s plan.

4.4 Cookies and Tracking Technologies

Most web browsers allow you to control cookies through browser settings. You can set your browser to refuse cookies or alert you when cookies are being sent. However, disabling cookies may affect your ability to use certain features of our website.

4.5 Do Not Track Signals

Our website does not currently respond to “Do Not Track” signals from web browsers. You may adjust your browser settings or use third-party tools to limit tracking.

5. Data Security

We implement comprehensive security measures designed to protect your personal information from unauthorized access, disclosure, alteration, and destruction. These measures include:

5.1 Technical Safeguards

• Encryption of data in transit using SSL/TLS protocols
• Encryption of sensitive data at rest
• Secure server infrastructure with firewalls and intrusion detection systems
• Regular security audits and vulnerability assessments
• Multi-factor authentication for system access
• Secure backup and disaster recovery procedures

5.2 Physical Safeguards

• Controlled access to physical facilities
• Secure storage of paper records
• Visitor management and identification protocols
• Proper disposal and destruction of sensitive documents

5.3 Administrative Safeguards

• Employee training on data privacy and security
• Confidentiality agreements with staff and contractors
• Regular review and update of security policies
• Incident response and breach notification procedures
• Background checks for employees with access to sensitive information

Despite our security measures, no system is completely secure. We cannot guarantee the absolute security of your information. You are responsible for maintaining the confidentiality of your passwords and account information.

6. Data Retention

We retain your personal information for as long as necessary to fulfill the purposes described in this Privacy Policy, unless a longer retention period is required or permitted by law. Retention periods vary based on:

• The nature of the legal services provided
• Professional ethical obligations and rules of professional conduct
• Applicable statutes of limitations
• Legal and regulatory requirements
• Business and operational needs
• Potential disputes or litigation

Client files and case-related information are typically retained for a minimum of seven years after the conclusion of representation, or longer as required by applicable law or ethical rules. Financial records are retained in accordance with tax laws and accounting standards.

When information is no longer needed, we destroy, delete, or anonymize it in a secure manner.

7. Children’s Privacy

Our website and services are not directed to individuals under the age of 18. We do not knowingly collect personal information from children. If we become aware that we have inadvertently collected information from a child under 18, we will take steps to delete such information promptly. If you believe we have collected information from a child, please contact us immediately.

8. Third-Party Websites and Links

Our website may contain links to third-party websites, services, or resources. We are not responsible for the privacy practices or content of these external sites. We encourage you to review the privacy policies of any third-party websites you visit. This Privacy Policy applies only to information collected by The McCullough Group.

9. California Privacy Rights

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and other California laws, including:

• Right to Know: You may request information about the categories and specific pieces of personal information we have collected about you
• Right to Delete: You may request deletion of your personal information, subject to certain exceptions
• Right to Opt-Out: You may opt out of the sale of your personal information (we do not sell personal information)
• Right to Non-Discrimination: You have the right not to be discriminated against for exercising your privacy rights

To exercise these rights, please contact us using the information provided below. We will verify your identity before processing your request.

10. International Data Transfers

Our operations are primarily based in the United States. If you are located outside the United States and choose to provide information to us, your information will be transferred to, processed, and stored in the United States. By using our services, you consent to the transfer of your information to the United States.

11. Attorney-Client Privilege and Confidentiality

As a law firm, we are bound by professional ethical obligations and rules of professional conduct that require us to maintain the confidentiality of client information. The attorney-client privilege protects communications between you and our attorneys when you seek legal advice. This Privacy Policy does not diminish or waive the attorney-client privilege or work product doctrine.

Information protected by attorney-client privilege and work product doctrine is subject to strict confidentiality protections beyond those described in this Privacy Policy. We will not disclose privileged communications except as required by law, with your informed consent, or as necessary to prevent serious harm.

15. Changes to This Privacy Policy

We reserve the right to modify this Privacy Policy at any time to reflect changes in our practices, technology, legal requirements, or other factors. We will update the “Last Updated” date at the top of this policy when changes are made.

Material changes to this Privacy Policy will be communicated by:

• Posting a notice on our website
• Sending an email notification to clients
• Providing direct notice as appropriate

Your continued use of our website or services after changes to this Privacy Policy constitutes your acceptance of the revised policy. We encourage you to review this Privacy Policy periodically.

13. SMS Terms and Conditions

By providing your mobile phone number and opting in to receive SMS communications from The McCullough Group, you agree to the following terms and conditions:

13.1 SMS Consent Communication

The information such as phone numbers obtained as part of the SMS consent process will not be shared with third parties for marketing purposes. Your mobile phone number is used exclusively for the purposes you have consented to and will remain confidential.

13.2 Types of SMS Communications

If you have consented to receive text messages from The McCullough Group, you may receive messages related to the following:

• Appointment reminders and scheduling confirmations
• Case status updates and legal matter notifications
• Document requests and submission deadlines
• Billing inquiries and payment reminders
• Court date notifications and deadline alerts
• Follow-up messages regarding your legal matters
• Important firm announcements and updates
• Legal alerts and informational communications (if you have opted in)

13.3 Message Frequency

Message frequency may vary depending on the type of communication and the status of your legal matter. You may receive up to 10 SMS messages per month related to your appointments, case updates, billing, and other legal communications. During active litigation or time-sensitive matters, message frequency may increase as necessary to keep you informed.

13.4 Potential Fees for SMS Messaging

Please note that standard message and data rates may apply, depending on your mobile carrier’s pricing plan. These fees are charged by your mobile service provider and are separate from any fees charged by The McCullough Group. Message and data rates may vary if the message is sent domestically or internationally. You are responsible for all charges imposed by your mobile carrier. Please contact your mobile carrier for information about your messaging plan and potential charges.

13.5 Opt-In Method

You may opt-in to receive SMS messages from The McCullough Group in the following ways:

• By providing verbal consent when we ask you during a phone call, consultation, or in-person meeting

By opting in, you confirm that you are the subscriber or customary user of the mobile phone number provided and that you are authorized to consent to receive text messages at that number.

13.6 Opt-Out Method

You can opt out of receiving SMS messages at any time. To do so, you may:

• Text “STOP”: Reply “STOP” to any SMS message you receive from us. You will receive one final confirmation message confirming your opt-out.
• Alternative Keywords: You may also text “UNSUBSCRIBE,” “CANCEL,” “END,” or “QUIT” to opt out.
• Contact Us Directly: Call our office at 801.530.7359 or email us at info@tmglaw.com to request removal from our SMS messaging list.

After you opt out, you will no longer receive SMS messages from us, except as may be required to confirm your opt-out request.

13.7 Help and Support

If you are experiencing any issues with SMS messaging or need assistance, you can:

• Text “HELP”: Reply “HELP” to any message to receive assistance information
• Visit Our Website: www.tmglaw.com
• Call Us: 801.530.7359 during business hours (Monday-Friday, 8:30 am – 6:00 pm)
• Email Us: info@tmglaw.com

13.8 Additional Options

If you do not wish to receive SMS messages from The McCullough Group, simply inform us verbally that you prefer other methods of communication such as email or phone calls when we ask for your consent.

13.9 Standard Messaging Disclosures

The following standard terms apply to our SMS messaging program:

• Message and data rates may apply based on your mobile carrier’s plan
• You can opt-out at any time by texting “STOP” to any message from us
• For assistance, text “HELP” or visit our Privacy Policy and Terms and Conditions pages
• Message frequency may vary depending on your legal matters and preferences
• Carriers are not liable for delayed or undelivered messages
• We do not charge fees for SMS messages, but your carrier’s message and data rates apply

13.10 Supported Carriers

Our SMS messaging service is supported by all major U.S. mobile carriers, including but not limited to AT&T, T-Mobile, Verizon, Sprint, and other carriers. If you experience issues with message delivery, please contact your carrier or reach out to us for assistance.

13.11 No Spam Policy

The McCullough Group is committed to responsible SMS communication. We will only send messages that are relevant to your legal matters and the services you have requested. We will never send unsolicited spam messages or share your phone number with third parties for marketing purposes.

14. Contact Information

16. Consent and Acceptance

By using our website, engaging our legal services, or providing your personal information to us, you acknowledge that you have read, understood, and agree to be bound by this Privacy Policy. If you do not agree with this Privacy Policy, please do not use our website or provide us with your personal information.