Privacy Policy

Last updated: FEB 13, 2025

Part 1

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

SMS Terms & Conditions

By opting into SMS from a web form or other medium, you are agreeing to receive SMS messages from McKay Law, PLLC. This includes SMS messages for appointment scheduling, appointment reminders, post-visit instructions, and case related notifications. Message frequency varies. Message and data rates may apply. See privacy policy at https://mckaylawtx.com/privacy-policy/. Message HELP for help. Reply STOP to any message to opt out.

Interpretation and Definitions

Interpretation. The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions. For the purposes of this Privacy Policy:

Account means a unique account created for You to access our Service or parts of our Service.
Business, for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers' personal information and determines the purposes and means of the processing of Consumers' personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers' personal information, that does business in the State of California.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to McKay Law PLLC, 430 Church St, Sulphur Springs, TX 75482.
Consumer, for the purpose of the CCPA, means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Country refers to: Texas, United States
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
Personal Data is any information that relates to an identified or identifiable individual. For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
Sale, for the purpose of the CCPA, means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer's personal information to another business or a third party for monetary or other valuable consideration.
Service refers to the Website.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to McKay Law, accessible from https://mckaylawtx.com/
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Personal Data. While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to: email address; first name and last name; phone number; Usage Data.

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All the categories outlined in this privacy policy exclude text messaging opt-in data and consent. This information will not be shared with any third parties. End users can opt out of receiving further messages by replying STOP or request more information by replying HELP. Message frequency may vary. Message and data rates may apply.

Usage Data is collected automatically when using the Service and may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data. We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies (beacons, tags, and scripts) to track the activity on Our Service and store certain information, to improve and analyze Our Service. Technologies We use may include browser Cookies, Flash Cookies, and Web Beacons. Cookies can be “Persistent” or “Session” Cookies. We use both for the purposes set out below:

Necessary / Essential Cookies (Session, administered by Us) — essential to provide You with services available through the Website and to enable You to use some of its features; they help authenticate users and prevent fraudulent use of user accounts.
Cookies Policy / Notice Acceptance Cookies (Persistent, administered by Us) — identify if users have accepted the use of cookies on the Website.
Functionality Cookies (Persistent, administered by Us) — allow us to remember choices You make when You use the Website, such as login details or language preference, to provide a more personal experience.
Tracking and Performance Cookies (Persistent, administered by Third-Parties) — used to track information about traffic to the Website and how users use the Website; the information gathered may directly or indirectly identify you as an individual visitor, typically linked to a pseudonymous identifier associated with your device. We may also use these Cookies to test new pages, features or functionality.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account and Your registration as a user of the Service.
For the performance of a contract for products, items or services You have purchased, or any other contract with Us through the Service.
To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication regarding updates or informative communications related to functionalities, products or contracted services, including security updates.
To provide You with news, special offers and general information about other goods, services and events similar to those you have already purchased or enquired about, unless You have opted out.
To manage Your requests to Us.
For business transfers, such as a merger, divestiture, restructuring, reorganization, dissolution, or sale or transfer of assets in which Personal Data is among the assets transferred.
For other purposes such as data analysis, identifying usage trends, determining the effectiveness of promotional campaigns, and to evaluate and improve our Service, products, services, marketing and your experience.

We may share Your personal information: with Service Providers to monitor and analyze the use of our Service and to contact You; for business transfers; with Affiliates (who must honor this Privacy Policy); with business partners to offer You certain products, services or promotions; with other users when You interact in public areas; and with Your consent for any other purpose.

Retention, Transfer & Disclosure

Retention. The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy, including to comply with legal obligations, resolve disputes, and enforce agreements. Usage Data is generally retained for a shorter period, except when used to strengthen security or improve functionality, or where legally required.

Transfer. Your information is processed at the Company's operating offices and other places where the parties involved in the processing are located, and may be transferred to computers located outside of Your jurisdiction. Your consent to this Privacy Policy followed by Your submission of information represents Your agreement to that transfer. The Company will take all steps reasonably necessary to ensure Your data is treated securely.

Disclosure. If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred with notice. Under certain circumstances, the Company may be required to disclose Your Personal Data by law or in response to valid requests by public authorities. The Company may also disclose Your Personal Data in the good faith belief that such action is necessary to: comply with a legal obligation; protect and defend the rights or property of the Company; prevent or investigate possible wrongdoing in connection with the Service; protect the personal safety of Users of the Service or the public; or protect against legal liability.

Security. The security of Your Personal Data is important to Us, but no method of transmission over the Internet or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Analytics. We may use third-party Service providers, including Google Analytics, to monitor and analyze the use of our Service. You can opt out via the Google Analytics opt-out browser add-on. For more information on Google's privacy practices, visit https://policies.google.com/privacy.

CCPA Privacy

This privacy notice section for California residents supplements the information contained in Our Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California.

Categories of Personal Information Collected

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The categories below are those defined in the CCPA; this reflects our good faith belief that some information from the applicable category may be and may have been collected within the last twelve (12) months:

Category A: Identifiers (e.g., real name, alias, postal address, unique personal identifier, online identifier, IP address, email address, account name, driver's license number, passport number). Collected: Yes.
Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) (e.g., name, signature, SSN, physical characteristics, address, telephone number, insurance policy number, education, employment, financial, medical or health insurance information). Collected: Yes.
Category C: Protected classification characteristics under California or federal law. Collected: No.
Category D: Commercial information. Collected: No.
Category E: Biometric information. Collected: No.
Category F: Internet or other similar network activity (e.g., interaction with our Service or advertisement). Collected: Yes.
Category G: Geolocation data. Collected: No.
Category H: Sensory data. Collected: No.
Category I: Professional or employment-related information. Collected: No.
Category J: Non-public education information (per FERPA). Collected: No.
Category K: Inferences drawn from other personal information. Collected: No.

Under CCPA, personal information does not include publicly available information from government records; deidentified or aggregated consumer information; or information excluded from the CCPA's scope, such as health or medical information covered by HIPAA and the California CMIA or clinical trial data, and Personal Information covered by certain sector-specific privacy laws (FCRA, GLBA or FIPA, and the Driver's Privacy Protection Act of 1994).

Sources; Use & Disclosure for Business Purposes

We obtain the categories of personal information listed above directly from You (e.g., forms You complete), indirectly from You (e.g., observing Your activity on our Service), automatically from You (e.g., cookies), and from Service Providers. We may use or disclose personal information for business or commercial purposes including: operating our Service; providing support and responding to inquiries; fulfilling the reason You provided the information; responding to law enforcement requests and as required by applicable law; internal administrative and auditing purposes; and detecting security incidents and protecting against malicious, deceptive, fraudulent or illegal activity. In the last twelve (12) months, categories A, B, and F may have been disclosed for a business or commercial purpose. When We disclose personal information for a business purpose or a commercial purpose, We enter a contract that requires the recipient to keep it confidential and not use it for any purpose except performing the contract.

Sale & Sharing of Personal Information

As defined in the CCPA, “sell” and “sale” mean communicating a consumer's personal information to a third party for valuable consideration, monetary or otherwise. We may sell and may have sold in the last twelve (12) months categories A, B, and F. We may share Your personal information with Service Providers, Our affiliates, Our business partners, and third-party vendors to whom You or Your agents authorize disclosure. Minors: We do not knowingly collect personal information from minors under 16 through our Service. We do not sell the personal information of Consumers We actually know are less than 16 years of age without affirmative authorization. If You believe a child under 13 (or 16) has provided Us personal information, contact Us so We can delete it.

Your Rights under the CCPA

The right to notice of the categories of Personal Data collected and the purposes of use.
The right to request disclosure of Our collection, use, sale, and sharing of your personal information — including categories collected, sources, purposes, third parties, and specific pieces collected.
The right to opt out of the sale of Personal Data.
The right to delete Personal Data, subject to statutory exceptions (e.g., completing transactions, security, debugging, free speech, CalECPA compliance, research, internal uses, legal obligations).
The right not to be discriminated against for exercising any consumer rights.

To exercise CCPA rights, California residents can contact us by email at harold@mach1design.com, by phone at (469) 536-8478, or by mail at 3232 McKinney Avenue Ste 500, Dallas, TX 75204, United States. We will respond to verifiable requests free of charge within 45 days (extendable once by 45 days with notice). For opt-outs of interest-based advertising: NAI (networkadvertising.org/choices), EDAA (youronlinechoices.com), DAA (optout.aboutads.info); on mobile devices use your platform's ad-tracking settings.

Do Not Track; Children's Privacy; California Rights

“Do Not Track” (CalOPPA): Our Service does not respond to Do Not Track signals; you can set preferences in Your web browser. Children's Privacy: Our Service does not address anyone under the age of 13 and We do not knowingly collect personally identifiable information from anyone under 13; contact Us if you believe your child has provided Personal Data. Shine the Light (Cal. Civ. Code § 1798): California residents with an established business relationship can request information once a year about sharing of Personal Data with third parties for direct marketing purposes. Minor Users (Cal. B&P Code § 22581): California residents under 18 who are registered users may request removal of content they have publicly posted. Links to Other Websites: Our Service may contain links to websites not operated by Us; We advise reviewing the Privacy Policy of every site You visit and assume no responsibility for third-party content, policies or practices.

Part 2

McKay Law PLLC (“McKay Law PLLC,” “we,” “us,” “our”) shares the concerns of visitors (“Visitors,” “you”) to our website (the “Site”) about the protection of personal information online. This policy describes our practices regarding the privacy of information collected through the Site, hosted and operated from the United States. It does not govern collection of information by any other means or by affiliated entities. By using the Site, you agree to the terms of this Policy.

1. Information Gathered. We gather “Personal Information,” from which an individual can be identified, and “Aggregate Information,” from which an individual cannot be identified. Aggregate Information is collected from server log files (IP addresses, visit times and pages, used to calculate usage levels, diagnose server problems and administer the Site), cookies (industry-standard files that facilitate ongoing access and use; browsers allow deleting or declining them, though declining may impair portions of the Site), and pixel tags (used to compile aggregate statistics about Site usage and response rates and to determine the effectiveness of promotional campaigns). Personal Information is collected only when you voluntarily provide it — contacting us, answering surveys, signing up for updates, or requesting case evaluation — and may include contact information and case-specific information.

2. Use and Disclosure. Personal Information may be used to respond to your questions and comments; for internal business purposes such as analyzing and managing our businesses (and may be combined with other information you provide or that is publicly available); and where we believe disclosure is required by law, to comply with legal process or governmental requests, to enforce our Terms of Service, to protect our operations, to protect the rights, privacy, safety or property of McKay Law PLLC, you or others, and to permit us to pursue available remedies or limit damages. Aggregate Information is analyzed to enhance security, track page popularity and traffic, improve the Site, and may be shared with affiliated entities and other third parties.

3. Other Important Notes. Parents: The Site is not directed at children; we request that children under 13 not provide Personal Information (COPPA). Security: We maintain security measures and tools, but no method of transmitting or storing data is completely secure and we cannot guarantee security. Third-Party Sites: Linked sites are not under our control; if you provide Personal Information through a third-party website, it is governed by that party's privacy policy.

4. Changes to This Policy. We reserve the right to change this Policy without prior notice; changes become effective upon posting of the revised Policy, and use of the Site following changes constitutes acceptance. This Policy is the sole authorized statement of our practices; third-party summaries have no legal effect.

Required Notice Under the Texas Health and Safety Code, Sec. 181.154 — HB 300

Because our law firm gathers, stores and electronically transmits medical records (Protected Health Information — PHI), we are required to post a notice to clients that their protected health information is subject to electronic disclosure.

Texas and Federal Law prohibits any electronic disclosure of a client's protected health information to any person without a separate authorization from the client for each disclosure. This authorization for disclosure may be made in written or electronic form or in oral form if it is documented in writing by our law firm.

The authorization for electronic disclosure of protected health information described above is not required if the disclosure is made: to another covered entity, as that term is defined by Section 181.001, or to a covered entity, as that term is defined by Section 602.001, Insurance Code, for the purpose of: treatment; payment; health care operations; performing an insurance or health maintenance organization function described by Section 602.053, Insurance Code; or as otherwise authorized or required by state or federal law. In other words, no further release is necessary for electronic disclosure to other health care providers, insurance companies, governmental agencies, or defense lawyers representing adverse parties.

Contact Us

If you have any questions about this Privacy Policy, You can contact us by email at harold@mach1design.com, by phone at (469) 536-8478, or by mail at 3232 McKinney Avenue Ste 500, Dallas, TX 75204, United States.