Garfinkel Schwartz Garcia, LLC (“Garfinkel Schwartz Garcia,” “we,” “us,” “our,” or the “Firm”) is a law firm representing civilian contractors, longshoremen, and other covered workers in Defense Base Act, Longshore, and related claims worldwide. We take the privacy of our clients, prospective claimants and their family members, business contacts, job applicants, and website visitors (collectively, “you”) seriously, and we are committed to protecting the Personal Information we handle.

This Privacy Statement applies to Personal Information we collect and use in connection with:

• your use of our website, www.defensebaselaw.com, including the PTSD survey and any other surveys, questionnaires, case evaluation forms, sub-sites, portals, or online services we offer through it (together, the “Site”);
• the legal services we provide to our clients;
• recruiting and hiring; and
• our communications with you, including responding to your inquiries and sending updates and informational materials.

It explains what Personal Information we collect, how we use it, who we share it with, how long we keep it, and the choices and rights you have.

What Personal Information We Collect

“Personal Information” means any information that identifies, relates to, or could reasonably be linked to a specific person or device, such as a name, email address, mailing address, phone number, IP address, or device identifier. It includes information you give us directly, information we collect automatically when you use the Site, and information we receive from other sources.

Some information may qualify as “sensitive” Personal Information under applicable law, such as a Social Security number, passport or government identification number, financial account information, precise location data, or health-related information. We collect sensitive information only when it is necessary for the purpose at hand, only as permitted by law, and with your consent where the law requires it. We do not use sensitive information to draw inferences about you.

Health-related information you submit through the Site

Because our practice involves injury and occupational-disease claims, the Site’s surveys, questionnaires, and case evaluation forms, including the PTSD symptom survey, may ask about your health: physical injuries, medical conditions, symptoms, treatment history, and psychological conditions such as post-traumatic stress. Providing this information is voluntary. We use it only to evaluate a potential claim, to provide legal services if the Firm agrees to represent you, and to communicate with you about your inquiry. We share it only as described in this Privacy Statement, principally with the attorneys, staff, experts, and medical or vocational professionals involved in evaluating or handling a matter, and we protect it with the safeguards described below. The Firm is a law firm, not a healthcare provider or health plan, so laws that govern healthcare providers (such as HIPAA) do not apply to information you submit through the Site; it is instead protected by this Privacy Statement and, once an attorney-client relationship is established, by attorney-client confidentiality. The survey is an informational screening tool, not a medical evaluation or diagnosis. Please do not submit health information about another person unless you are legally authorized to act for them.

When we provide legal services

• Contact details: name, email, mailing address, phone and WhatsApp numbers, and similar identifiers, including international contact details.
• Billing and payment details, where applicable to the matter.
• Employment details: employer, contractor or subcontractor, job title, work locations and deployments, and dates of service.
• Matter-related information: facts, documents, medical and employment records, and other details reasonably needed to evaluate or pursue a claim, which may include information about other people involved in the matter.

We may also receive Personal Information about you from employers, insurance carriers, government agencies, medical providers (with appropriate authorization), courts and tribunals, public records, and other third parties in connection with a matter.

When you contact us or subscribe

• Contact details and the topics you are interested in.
• Anything else you choose to include in a message, inquiry, survey response, or registration form, whether sent through the Site, by email, or by WhatsApp.

When you use the Site

• Device and usage data: IP address, browser and device type, operating system, pages visited, dates and times of access, and referring and exit pages.
• Information collected through cookies and similar technologies, described under “Cookies and Similar Technologies” below.

When you apply for a job with the Firm

• Contact details and application materials, including your resume, cover letter, references, and interview notes.
• Education, licensing, certification, and employment history.
• Identity and work-authorization information required by law.
• Background check results, where permitted by law and with your consent where required.

How We Use Personal Information

• o evaluate and provide legal services. To assess a potential claim, represent you, manage our relationship with you, and communicate with you about your matter.
• To operate and improve the Site. To keep the Site running securely, understand how it is used, fix problems, and improve its content and performance.
• To respond to you and keep you informed. To answer inquiries sent through the Site, by email, by phone, or by WhatsApp, and, where permitted, to send you information and updates. You can opt out of marketing emails at any time using the unsubscribe link in the message or by contacting us at the address below.
• To evaluate job applications. To review your application, conduct interviews, check references and background where permitted, and make hiring decisions.
• To meet our legal and professional obligations. To comply with laws and professional-conduct rules that apply to us, including conflict-of-interest checks, tax and accounting requirements, and lawful requests from courts, tribunals, regulators, and government agencies.
• To protect the Firm and others. To detect, investigate, and respond to security incidents, fraud, or misuse of the Site; to enforce our Terms of Use; and to protect the rights, property, and safety of the Firm, our clients, and others.

How We Share Personal Information

• Service providers. Companies that perform services for us, such as website hosting, IT support, cloud storage, document management, email delivery, analytics, payment processing, and marketing support. They may use Personal Information only to provide their services to us and must keep it secure.
• Co-counsel, experts, and other professionals. Attorneys, medical and vocational experts, interpreters, consultants, court reporters, and similar professionals who assist with evaluating or handling a matter, subject to confidentiality obligations.
• Insurance carriers, employers, and tribunals in your matter. As needed to pursue a claim on your behalf, including filings and communications with the responsible insurance carrier, employer, and the United States Department of Labor and its tribunals.
• Courts, regulators, and government agencies. Where required by law, court order, subpoena, or other legal process, or where we believe disclosure is necessary to comply with the law or protect rights, property, or safety.
• Parties you ask us to share with. When you request or consent to a disclosure.
• A successor firm. If the Firm merges with, acquires, or is acquired by another firm or practice, Personal Information may be transferred as part of that transaction, subject to this Privacy Statement.

We do not sell Personal Information, and we do not share it with third parties for targeted or cross-context behavioral advertising.

Where Your Information Is Stored

The Firm operates from the United States, including Puerto Rico, and we store and process Personal Information in the United States. Many of our clients live and work outside the United States. If you access the Site or communicate with us from outside the United States, you understand that your Personal Information will be transferred to and processed in the United States, where privacy laws may differ from those in your country. If you contact us through WhatsApp or similar messaging services, those services’ own terms and privacy policies also apply to the transmission.

How We Protect Personal Information

We maintain reasonable administrative, technical, and physical safeguards designed to protect Personal Information from loss, misuse, and unauthorized access, disclosure, or alteration, with particular care for health-related information. Our attorneys and staff are bound by professional confidentiality obligations and Firm policies covering all information they receive in the course of their work. No method of transmission or storage is completely secure, so we also encourage you to take sensible precautions, such as not sending highly sensitive information through unencrypted email unless we have agreed on a secure method.

How Long We Keep Personal Information

We keep Personal Information only as long as needed for the purposes described in this Privacy Statement, or as required or permitted by law and applicable file-retention rules.

• Client and matter files: for the duration of the representation and for the retention period required by applicable rules and limitation periods afterward.
• Survey and case evaluation submissions that do not become matters: only as long as needed to evaluate and respond to the inquiry and to meet conflict-checking and legal requirements.
• Site usage data: for the period needed to operate, secure, and improve the Site.
• Marketing and inquiry contacts: until you unsubscribe or ask us to remove you, or until the information is no longer needed.
• Job applications: for hired candidates, in accordance with our employee policies; for candidates not hired, only as long as needed for the purposes for which the information was provided and to meet legal and reporting requirements.

When information is no longer needed, we delete, destroy, or de-identify it.

Your Privacy Rights (U.S. State Laws)

Depending on where you live, state law may give you the right to know and access the Personal Information we have collected about you, correct it, delete it (subject to legal and professional exceptions), opt out of sales or targeted advertising (we do neither, so there is nothing to opt out of), limit the use of sensitive Personal Information (we use it only as needed to provide our services and comply with law), and not be discriminated against for exercising these rights. To exercise these rights, contact us using the details under “How to Contact Us.” We will verify your identity before acting on a request, and you may designate an authorized agent with written permission. If we deny a request and your state provides an appeal right, you may appeal by contacting us at the same address. Much of the Personal Information we hold is collected in the course of providing legal services and is subject to attorney-client privilege and professional confidentiality obligations; where state privacy laws exempt that information, those exemptions apply.

Individuals Outside the United States

Many of the workers we represent live outside the United States. If you are located in a jurisdiction with data protection laws that apply to you, you may have additional rights, including the right to access, correct, delete, or restrict the use of your Personal Information, the right to data portability, and the right to object to certain processing, including direct marketing. You may also have the right to lodge a complaint with your local data protection authority. To exercise these rights, contact us using the details below.

Cookies and Similar Technologies

The Site uses cookies and similar technologies (small files stored on your device) to make the Site work, remember your preferences (including language translation settings), and understand how visitors use the Site. Strictly necessary cookies are required for the Site to function and cannot be switched off. Analytics cookies help us understand which pages are visited and how the Site performs. Functional cookies remember choices you make, such as language. You can control cookies through your browser settings and, where offered, through the cookie preferences tool on the Site. Blocking some cookies may affect how the Site works.

Links to Other Websites

The Site may link to websites and services operated by others, such as the United States Department of Labor, YouTube, Facebook, Instagram, LinkedIn, and WhatsApp. This Privacy Statement does not apply to those sites and services. We are not responsible for their content or privacy practices, and we encourage you to review their privacy policies before providing any Personal Information.

Children’s Privacy

The Site and our services are intended for adults and are not directed to anyone under 18. We do not knowingly collect Personal Information from children under 13. If you believe a child under 13 has provided Personal Information to us, please contact us and we will delete it. Where we represent the survivors or family members of a deceased or injured worker, information about minors is collected only from a parent, guardian, or authorized representative as needed for the matter.

Terms of Use and Legal Notices

Terms of Use

Welcome to www.defensebaselaw.com (the “Site”), operated by Garfinkel Schwartz Garcia, LLC (“Garfinkel Schwartz Garcia,” “we,” “us,” or “our”). Please read these Terms of Use before using the Site. By using the Site, you agree to them. We may update these Terms of Use at any time by posting a revised version on the Site, and your continued use after a change means you accept the revised terms.

Privacy

We do not sell, rent, or trade our client, prospect, or mailing lists. Our collection and use of Personal Information through the Site, including health-related information submitted through the PTSD survey and case evaluation forms, is described in our Privacy Statement, which is part of these Terms of Use.

No Attorney-Client Relationship

Visiting the Site, reading its content, completing a survey or case evaluation form, or sending us a message through the Site, by email, or by WhatsApp does not create an attorney-client relationship between you and Garfinkel Schwartz Garcia. An attorney-client relationship is formed only when the Firm agrees in writing to represent you. Until then, please do not send us confidential or time-sensitive information about a legal matter, because we cannot treat it as privileged and we may already represent a party with interests adverse to yours.

The information on the Site is general in nature and is not legal advice. It may not reflect the most current law and may not apply to your situation. Defense Base Act and Longshore claims are governed by federal law and involve strict deadlines; do not act or refrain from acting based on anything on the Site without consulting an attorney about your specific circumstances.

No Government Affiliation

Garfinkel Schwartz Garcia, LLC is a private law firm. The Site is not operated by, affiliated with, or endorsed by the United States government, the Department of Labor, the Department of Defense, or any government agency.

Attorney Advertising

Portions of the Site may be considered attorney advertising under the rules of the jurisdictions in which our attorneys are admitted. The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you retain an attorney, ask for written information about the attorney’s qualifications and experience.

The content on the Site was prepared for general informational purposes based on information available at the time of publication. It is not legal advice or a legal opinion on any specific facts. Every matter is different, and prior results do not guarantee a similar outcome. Garfinkel Schwartz Garcia, its attorneys, and its staff are not liable for any action taken or not taken in reliance on the Site’s content.

Any references to awards, rankings, or recognitions are based on the criteria of the organization that granted them and are not endorsements by any bar or court. Testimonials reflect the experiences of the individual clients who provided them and are not a guarantee, warranty, or prediction of the outcome of your matter.

Licensing and Certification

Our attorneys are admitted in the jurisdictions listed in their individual profiles on the Site and are not certified as specialists unless the Site specifically says so. Defense Base Act and Longshore matters are federal claims handled before the United States Department of Labor, and our attorneys represent claimants in those proceedings regardless of where the claimant lives or was injured. Attorneys may associate with local counsel where a matter requires it.

Copyright, Trademarks, and DMCA

All content on the Site, and the online and social media assets created by Garfinkel Schwartz Garcia, including text, images, logos, graphics, videos, and the Site’s design, is owned by Garfinkel Schwartz Garcia or used with permission and is protected by U.S. and international copyright and trademark laws, including the Digital Millennium Copyright Act. You may view and print pages for your personal, non-commercial use. You may not copy, reproduce, republish, distribute, modify, or create derivative works from any content without our prior written permission. If you believe content on the Site infringes your copyright, contact us at support@defensebaseactlaw.com with a description of the work, the location of the claimed infringement, and your contact information.

Prohibited Conduct

• Interfering with the operation or security of the Site, including by introducing viruses or malware, attempting to hack or disrupt the Site, or launching denial-of-service attacks;
• collecting or harvesting contact information from the Site to send unsolicited communications;
• attempting to access non-public areas of the Site, our servers, or our networks without authorization;
• using the Site for any unlawful purpose or in any way that violates the rights of others; or
• misrepresenting your identity or affiliation.

Content Disclaimer

The Site and its content are provided “as is” and “as available.” We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components, or that defects will be corrected. To the fullest extent permitted by law, Garfinkel Schwartz Garcia and its attorneys, employees, and agents disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and disclaim any liability for actions taken or not taken in reliance on the Site’s content. Your sole remedy for dissatisfaction with the Site is to stop using it.

Links to Other Sites

The Site may contain links to third-party websites that we do not control. We are not responsible for their content, accuracy, or privacy practices, and a link does not mean we endorse the site or its products or services. You access third-party sites at your own risk.

Electronic Communications

Email, web forms, and messaging services such as WhatsApp are not secure or confidential unless we have agreed to a secure method. By contacting us electronically, you consent to receive electronic communications from us in return. Please do not send us confidential information until an attorney-client relationship has been established in writing.

Governing Law

These Terms of Use are governed by the laws of the State of Florida, without regard to its conflict-of-law rules. Any dispute arising out of the Site or these Terms of Use will be brought exclusively in the state or federal courts located in Orange County, Florida, and you consent to the jurisdiction of those courts.

Contact Information

Garfinkel Schwartz Garcia, LLC
Operating Worldwide · San Juan, Puerto Rico
Phone: 800-393-2999
WhatsApp: +1 407-307-8549
Email: support@defensebaseactlaw.com
Website: www.defensebaselaw.com