Legal Disclaimer & Privacy Policy

LEGAL DISCLAIMER

No Attorney-Client Relationship or Legal Advice

The  content of this website has been prepared by Attorney Chelsea K. Merta, Esq. (Lotus Law) for informational purposes only and  does not constitute legal advice. The information on this website shall  not be construed as an offer to represent you, nor is it intended to  create, nor shall the receipt of such information constitute, an  attorney-client relationship. We hope that you will find the information  informative and useful, and we are happy to speak with you regardingany questions you may have about our firm.


Readers should not act upon the information on  this website, or decide not to act based upon the information on this  website, without first seeking appropriate professional counsel from an  attorney licensed in the reader's jurisdiction. Because the content of any  unsolicited Internet email sent to Lotus Law will not create an  attorney-client relationship and will not be treated as confidential,  you should not send us information until you speak to one of our lawyers  and get authorization to send that information to us. Please understand  that we cannot undertake a representation until, among other things, we  are assured that doing so will not involve a conflict of interest. We  therefore ask that you not send us any confidential information or  information about any legal matter that may involve you without first  contacting one of our lawyers and receiving a written statement from us  whereby we agree to represent or advise you.


No Guarantee of Results

Certain  practice summaries and information on this website  describe results obtained in matters handled for clients of Lotus Law and Chelsea K. Merta, Esq.. These descriptions are intended only to provide information  about the activities and experience of our firm and should not be  understood as a guarantee or assurance of future success in any matter.  The results portrayed were dependent on a variety of facts and  circumstances unique to the particular matters described, and do not  reflect the entire record of the attorney(s) involved.  Past results are not a  guarantee of the results in future matters, and the outcome of a  particular case or matter cannot be predicated upon a lawyer's or our  law firm's past results. We do not make any guarantee, promise or other  assurance that the same or similar results can be obtained in any matter  we may undertake, and you should not assume that a similar result or  outcome can be obtained by our law firm in your legal matter. The  outcome of a particular matter depends on a variety of factors  – including, among other things, the specific facts and circumstances of  the matter, the applicable law, the competence of opposing counsel and  unanticipated events.


Links to Third-Party Websites

This  website may contain links to third-party websites or other content for  informational purposes only. Lotus Law & Chelsea K. Merta, Esq., cannot control these  third-party links or the content found therein. Lotus Law & Chelsea K. Merta, Esq., are not  responsible for the content of any third-party website, and the  inclusion of any links to such third-party websites does not constitute  or imply any recommendation, approval or endorsement of such third-party  websites.


Limitation of Liability 

Use  of this website is at the reader's own risk and Lotus Law expressly disclaims all liability with respect to actions taken  or not taken based on any contents of this website. The contents of the  website contain general information and may not reflect the most  current legal developments, verdicts or settlements, and neither the  authors nor Lotus Law make any claims, promises or guarantees  about the accuracy, completeness, currency or adequacy of the contents  or information contained or linked to herein. The materials on this  website may be changed, improved or updated without notice. Lotus Law & Chelsea K. Merta, Esq., are not responsible for any errors or omissions in the content  of this website or for damages arising from the use or performance of  this website under any circumstances.

Lotus Law & Chelsea K. Merta, Esq., do not  intend this website to be advertising for legal services, but in some  jurisdictions, it may be considered as such. Any prior results described  on this website do not guarantee a similar outcome. Results depend upon  a variety of factors unique to each representation.

Lotus Law & Chelsea K. Merta, Esq., do not seek to represent anyone based upon their viewing of  this website in a jurisdiction where this website does not conform to  local requirements. This website is not an offer to perform legal  services in any jurisdiction in which the attorneys of Lotus Law are not licensed to practice. 


Individual Opinions 

The  opinions and views expressed on or through this website are the  opinions of the designated authors and do not reflect the opinions or  views of any of their clients or law firms or the opinions or views of  any other individual.


Intellectual Property Policy 

This  website, the names "Lotus Law" and "Lotus Law & Legal Services, LLC" and the logos used on this website are the property of  Lotus Law & Chelsea K. Merta, Esq., and are protected by the intellectual property laws of  the United States. You may make a copy of the materials posted on this  website for your own personal, noncommercial use, but you may not make  or distribute copies of any part of this website for any other purpose.


No Solicitation 

We  request that you not use any of the information on this website,  including without limitation, the email addresses that are posted here,  to transmit, distribute or facilitate the distribution of unsolicited  bulk email or other advertisements to Lotus Law or any of its  attorneys or other employees, and any such use of the information on  this website is a violation of the terms of use of this website.


Credit to Robinson Bradshaw for the Legal Disclaimer & Privacy Policy.

PRIVACY POLICY

Lotus Law & Chelsea K. Merta, Esq., recognize the importance of your privacy. This  policy is intended to inform you about the information we collect from  visits to our website, how we use that information, and with whom the  information may be shared.


Please read this Privacy  Policy carefully to understand our policies and practices regarding your  information and how we will treat it. If you do not agree with our  policies and practices, you can choose not to use our website. By  accessing or using our website, you agree to this Privacy Policy. This  Privacy Policy may change from time to time. Your continued use of our  website after we make changes is deemed to be acceptance of those  changes, so please check the Policy periodically for updates.


Who We Are

Lotus Law  is a law firm that was formed in 2018. We are licensed to practice in  the Missouri. Our Firm's headquarters is at 1409 Washington Avenue, Suite 211, St. Louis, Missouri 63103.

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Scope of our Privacy Policy

This  Privacy Policy applies to information that we collect online through  our website. It does not apply to information that we collect by other  means, such as information you share with us verbally, in writing, in  email messages to our lawyers or employees, or to information obtained  during the course of representing a client. This Privacy Policy also  does not cover information collected by any other company, third-party  site or third-party application that may link to our website, or that  can be accessed from our website.


Information We Collect from Website Visits

Information  we obtain from visits to our website can be broadly described as the  personal information that visitors provide us and technical information  that we collect through the use of technology concerning those visits.  


Personal Information

 From our website, we will collect any  information that you voluntarily provide us such as your name, email  address, telephone number or fax number, your company or firm name, and  other business contact information. We will also collect other types of  information you might provide such as preferences as to the types of  information, invitations or publications that you would like to receive,  as well as responses to surveys or questionnaires. We may endeavor to  determine if you are a current or a former client of the Firm from the  information you provide.


Consent and Withdrawing Your Consent

You  are under no obligation to provide us with your personal information  when visiting our website. Whether you provide any personal information  is entirely voluntary and solely within your discretion. You will suffer  no legal detriment if you decide not to provide any of the requested  personal information. We may be unable to provide you with any services  or information you request, however, if you decide not to provide us  with some or all of the personal information via our website.

You  can withdraw your consent at any time to our possession or processing  of any of the personal information you provide us. To do so, you can  send an email to chelsea@lotuslawllc.com as explained at the end of this Policy. 


Technical Information

We  may collect certain types of technical information provided by the browser  of the computer, tablet or mobile device used when visiting our website,  such as:

  • Usage Details, IP Addresses and Browser Details.  When you visit our website, we collect technical information such as  the identity of your Internet Protocol (IP) address, your computer’s or  device’s operating system and browser type, geolocation data, and the  pages of our website that you visit. Most browsers automatically  transmit this type of information to websites. We will anonymize your IP  address. We collect this information to administer and manage our  website, to ensure that it functions properly and to obtain and review  website-related statistics and information (for example, verifying  system and server integrity).
  • Cookies. Like  many other websites, our website uses Cookies. Cookies are small text  files that are downloaded to the browser of a computer, tablet or  smartphone used to visit a website. A Cookie will identify your browser,  help you log in and improve the navigation of a website. We use Cookies  to help improve the performance of our website. Cookies allow us to  review the number of visitors to our website and a visitor’s usage  patterns; to track key performance indicators such as pages visited,  frequency of visits, downloads and other statistical information; to  identify whether a visitor views the mobile or desktop version of our  website; to recognize if a visitor returns to our website; to store  information about visitor's visits; and to remember visitor's  preferences. 

You may be able to disallow Cookies by  modifying the settings in your browser. To learn more about Cookies and  how to disallow or manage them, go to: http://www.allaboutcookies.org/.  If you choose not to accept Cookies, you may be unable to access  certain parts or pages of our website, or certain parts or pages of our  website may not function properly. 


How We Use or Process Your Information

We may process the information you provide, and that we collect via our website, to:

  • Provide  invitations to seminars, conferences and other Firm programs; to  register you for events or to sponsor events; or to provide CLE  information, newsletters, publications, blog updates, social media feeds  and marketing information.
  • Deliver any requested information, products or services, or to provide you with customer support.
  • Operate,  present to you, improve or modify our website; update and maintain  client, subscription or email lists; and for other internal purposes.
  • Respond  to requests for information, to respond to requests for proposals  (RFPs), or to provide information about legal services that you request.
  • Respond to lawful requests for information through court orders, subpoenas, warrants and other legal process or obligations.
  • Enforce our website's terms of use or for the establishment, exercise or defense of legal claims.
  • Protect  the operations of our law firm, or the safety, security and privacy of  our Firm, our lawyers and staff, and our clients or third parties. This  potentially includes sharing information with others for purposes of  fraud protection, information security and related matters.
  • Notify  you about changes to our website, changes to the information, products  or services we provide on or through our website, or changes to this  Privacy Policy.
  • Perform any other processing that we describe when you provide the information and for any other purpose with your consent.

We will not share or sell your personal information to third parties for marketing purposes.

We  will not use your personal data for making any automated decisions  affecting you or your legal rights or for creating profiles other than  as described above.


With Whom We Will Share Your Information

We  may share the information you provide us on a confidential basis with  contractors, vendors, or service providers that support our Firm's  operations and our website, but only for those purposes. 

We may  also share your personal information with courts, law enforcement  authorities, regulators, attorneys or other parties when it is  reasonably necessary for the establishment, exercise or defense of a  legal or equitable claim, for purposes of an alternative dispute  resolution process, or to meet national security and law enforcement  requirements; to comply with a subpoena or court order, legal process,  or other legal requirement or when we believe in good faith that such  disclosure is necessary to comply with the law, prevent imminent  physical harm or material financial loss; to investigate, prevent or  take action concerning illegal activities, suspected fraud, threats to  our Firm, any of its lawyers, its staff or our property; or as necessary  in connection with an investigation of fraud, intellectual property  infringement, piracy or other unlawful activity.


Tracking

Tracking  involves the use of cookies, web beacons, or other embedded code or  tracking technologies to collect, analyze and store information on a  user’s behavior over time on multiple sites, including information on  the sites visited, products viewed, products purchased and other online  interactions. Tracking information can be used, for example, to enable  companies to make interest-based (behavioral) advertising available to  users on multiple sites that they visit.

We do not collect personal information about your online activities over time and  across third-party sites for tracking purposes. We do not currently  allow third parties to collect personal information on our website that  could be used by them to analyze and store information about your online  activities over time and across third-party sites for tracking  purposes. As such, our website does not currently respond to any "DO NOT  TRACK" signals that may be sent from your browser or device.


Links to Social Media and Third-Party Websites

Our  website may include links to blogs, social media and third-party  websites. These third-party sites have their own privacy policies and  terms of use and are not controlled by this Privacy Policy or the terms  of our website's disclaimer. You should carefully review any terms,  conditions and policies of such third-party sites before visiting them  or supplying them with any personal information. If you follow a link to  any third-party site, any information you provide that site will be  governed by its own terms of use and privacy policy and not this Privacy  Policy.

Lotus Law & Chelsea K. Merta, Esq., are not responsible for the privacy or  security of any information you provide to a third-party website or the  information practices used by any third-party site, including links to  any third-party site from Lotus Law's website. We make no  representations, expressed or implied, concerning the accuracy, privacy,  safety, security, or the information practices of any third-party  site. The inclusion of a link to a third-party site on our website does  not constitute any type of endorsement of the linked site by Lotus Law or Chelsea K. Merta, Esq.. Lotus Law & Chelsea K. Merta, Esq., are not responsible for any loss or damage  you may sustain resulting from your use of any third-party website or  any information you share with a third-party website.


Updating, Correcting or Withdrawing Your Personal Information

It  is important that the personal information we have about you is  accurate. If any of the personal information you provide us should ever  change, for instance if you change your email address or phone number,  or should you wish to change your preferences, to stop receiving  announcements from us, to correct any inaccurate personal information  about you, or to delete any personal information that you provided  through your visits to our website, please let us know by sending an  email to chelsea@lotuslawllc.com.  We are not responsible for any losses that could arise from any  inaccurate, deficient or incomplete personal information that you  provide to the Firm.

For security reasons, we may need to  request specific information from you to help us confirm your identity  before we correct, update or delete any personal information you provide  us.


Information Security

We have implemented  technical and organizational security measures designed to protect your  personal information from inadvertent or unauthorized access, use,  disclosure, alteration or destruction, including encryption in some  circumstances. No method of data storage or data transmission over the  internet, however, is guaranteed to be completely secure. Your use of  our website, and any personal information that you transmit over the  internet to our website, is at your own risk. We are not responsible for  the circumvention of any privacy settings or security measures  contained on the website. 


Visitors from Outside the United States

Our  website is hosted in the United States (U.S.), and our services are  provided from the U.S. It is possible that certain information will be  stored on servers in multiple other countries on the "cloud" or other  similar distributed hosting platforms. If you are visiting our website  from outside the U.S., any information you voluntarily provide via our  website and any technical information from the browser of your computer,  tablet or mobile device will be transferred out of your country and  into the U.S. where our law firm is located. The laws and protections  available to the privacy of your personal information in the U.S. may  significantly differ from the protections available in your country.  Personal data transferred to the U.S. may be subject to lawful access  requests by state and federal authorities in the U.S. If you do not want  any personal information to be transferred to the U.S., please do not  provide that information to our Firm via our website.


Visitors from the European Union

If  you are a resident of the European Union (EU), please note that the EU  has determined that the laws of the United States do not provide  adequate protection for your personal information. Accordingly, we are  transferring your personal information from the EU to the U.S. based on  your consent, or our need to use your personal information to provide  information, products or services that you order or request from us, and  subject to the additional protections described below.

On May  25, 2018, the General Data Protection Regulation (GDPR) went into effect  in the EU. The GDPR extends certain rights to natural persons involving  the privacy of their personal information.

Our Firm is the data  controller for any personal information provided via our website. Our  Firm does not have a data protection officer in the EU. Any information  that you provide to us will be stored in the U.S., we do not intend to  transfer your personal data to another country or international  organization.

Lotus Law will retain any personal  information that you provide via our website for the time required to  pursue the purposes for which it was collected, including the purpose of  satisfying any applicable legal, professional, contractual, regulatory,  accounting or reporting requirements. If you request that we stop  sending you marketing materials, we will continue to keep a record of  your contact details and appropriate information to enable us to comply  with your request not to be contacted by us. 

Under the GDPR, individuals are granted the following rights:

Onward Transfer

If  we intend to disclose your personal information to any third party that  will carry out processing on our behalf, we will enter into a contract  with that third party that provides that your personal information may  be processed only for limited and specified purposes consistent with the  consent that you have provided to us, and that the third party must  provide the same level of protection for your personal information that  we are obligated to provide under this Privacy Policy while it is  processing your personal information.

Right of Access

You  have the right to ask what personal information we have about you in  our possession. You have the right to obtain a copy of your personal  data free of charge so long as it does not adversely affect the rights  of others. We may charge a reasonable fee based on administrative costs  for additional copies. The right of access includes the right to request  that we update, correct or complete your personal information in our  possession.

Right of Erasure

You have a  right to request that data be deleted or erased when it is no longer  needed for the purposes for which it was collected or processed, when  you withdraw your consent, when data is unlawfully processed, to comply  with a legal obligation of the EU or a Member State, or when you object  to the processing and we are unable to demonstrate compelling,  legitimate grounds for the processing which overrides your rights,  freedoms or interests. Personal data does not have to be erased when and  to the extent it is necessary for the establishment, exercise or  defense of legal claims.

Right to Restrict Processing

You  have a right to restrict the processing of your personal data when you  contest the accuracy of the personal data in our possession until we are  able to verify its accuracy, or if the processing is unlawful and you  oppose its erasure and request restriction instead.

Right to Data Portability

The  right to data portability is triggered when processing activity was  based on your consent, or was necessary for the performance of a  contract, and the processing was carried out by automated means. This  right, however, shall not adversely affect the rights of others.

Sensitive Information

Information  related to your racial or ethnic identity, political opinions,  religious or philosophical beliefs, trade union membership, health  (including genetic and biometric data), sex life or sexual orientation  (Sensitive Information) is afforded special protection under EU law.  Please note we do not currently intend to collect any Sensitive  Information through our website. We will not knowingly collect, use or  disclose any Sensitive Information about you through our website without  your express consent, subject to certain limited exceptions applicable  under EU law.

Automated Decision-Making

You  have the right not to be subjected to decision-making based solely on  automated processing or profiling that either significantly affects you  or results in some sort of legal effect. This right does not apply to  decisions that are necessary for entering into or performing a contract  with you or are based on your explicit consent.

Right to Object to Processing

You  have the right to object to processing when it is based on a legitimate  interest of the controller or a third party, or to processing that  occurs for direct marketing purposes.

Withdrawing Your Consent

You have the right to withdraw your consent at any time by sending an email to chelsea@lotuslawllc.com

Right to Complain

You also have the right to lodge a complaint with the supervisory authority about our data privacy practices where you reside. 

Changes to Our Processing

If  we are using your personal information on the basis of your consent,  and we change our Privacy Policy to permit any use or disclosure of your  personal information that is materially different from the uses for  which it was originally collected or subsequently authorized by you, we  will obtain your consent before we make such further uses of your  personal information.

How to Exercise These Rights 

You can exercise these rights by sending an email to chelsea@lotuslawllc.com.

We  will review any requests we receive and will endeavor to respond in a  timely manner. For security reasons, we may request specific information  from you to help us confirm your identity before taking action on any  request, and to ensure your right of access and the exercise any of GDPR  right does not adversely affect the rights of others. 

We  reserve the right to refuse to act on a request, or to charge a  reasonable administrative fee when a request is either manifestly  unfounded or excessive because of its repetitive character. 


Notice to Minors

Our Firm's website is not directed at and is not intended to be visited by minors. No  visitor to our website who is a minor or under the age of 18 should  provide any personal information to our Firm. If you are a minor, do not  visit our website, blogs or social media sites and do not send any type  of personal information about yourself to our Firm or website. 


Updates to Our Privacy Policy

This Privacy Policy was last updated in May 2019.  We occasionally will update our Privacy Policy and the terms of our  website's disclaimer. Please periodically check our Privacy Policy and  our website's disclaimer to learn of any changes to our Privacy Policy  and disclaimer. This Privacy Policy supersedes all prior versions  governing our website.


No Legal Advice or Attorney-Client Relationship Intended

Nothing  contained in this Privacy Policy, our website or its disclaimer is  intended to provide legal advice, or to create a contractual or  attorney-client relationship. You agree that visiting our website or  providing information to our website does not create a contractual or  attorney-client relationship.


How to Contact Us

We  welcome your views about our website and our Privacy Policy. If you have  any questions about our Privacy Policy or would like to share any  comments with us, please contact our Firm via our Contact Us page.