Privacy Policy

Privacy Policy for Zayas & Associates, P.A.

Zayas & Associates, P.A. (the "Firm," "we," "us," or "our") is committed to protecting the privacy and security of your personal information. This Privacy Policy explains how we collect, use, disclose, and safeguard personal information in the course of providing estate planning services, tax resolution services, and corporate formation services, including but not limited to wills, trusts, powers of attorney, and related legal and advisory services.

This policy applies to all individuals who interact with us, including clients, prospective clients, beneficiaries, and visitors to our website or offices. By engaging our services or providing us with your personal information, you consent to the practices described in this policy.

We comply with applicable privacy laws, including but not limited to the California Consumer Privacy Act (CCPA) for California residents, and other relevant federal and state regulations in the United States. If you are located outside the United States, additional protections may apply based on your jurisdiction.

2. Personal Information We Collect

We collect personal information necessary to provide our estate planning services. This may include:

Identifying Information: Full name, date of birth, Social Security Number (SSN) or equivalent tax identification number, driver's license or passport details.
Contact Information: Mailing address, email address, phone numbers.
Financial Information: Details about assets, liabilities, income, bank accounts, investment portfolios, insurance policies, and tax records.
Family and Beneficiary Information: Names, relationships, contact details, and personal circumstances of spouses, children, heirs, beneficiaries, or other relevant parties.
Health and Medical Information: Where relevant to estate planning (e.g., for incapacity planning), information about health conditions, disabilities, or medical history.
Legal and Professional Information: Employment history, business ownership details, prior legal documents (e.g., existing wills or trusts), and any court-related information.
Website and Digital Interactions: If you visit our website, we may collect IP addresses, browser type, device information, and usage data through cookies or similar technologies (see Section 8 for details).
Other Information: Any additional data you provide voluntarily, such as preferences or feedback.

We only collect information that is relevant and necessary for our services.

3. How We Collect Your Information

We collect personal information through various methods, including:

Directly from You: During consultations, meetings, phone calls, emails, or when you complete forms, questionnaires, or client intake documents.
From Third Parties: With your consent or as permitted by law, from financial institutions, accountants, attorneys, family members, or public records (e.g., property deeds).
Automatically: Through our website or digital tools, such as online forms, analytics tools, or email communications.
Public Sources: Information available in public databases, such as court records or government registries, when relevant to your estate plan.

4. How We Use Your Information

We use your personal information solely for legitimate business purposes related to estate planning, including:

Providing and customizing our services, such as drafting legal documents, advising on tax strategies, and facilitating asset transfers.
Communicating with you about your estate plan, updates, or related matters.
Verifying your identity and complying with legal obligations, such as anti-money laundering (AML) requirements or know-your-client (KYC) protocols.
Managing our client relationships, including billing, record-keeping, and follow-up services.
Improving our services through internal analysis (e.g., anonymized data for operational efficiency).
Protecting our legal interests, such as in the event of disputes or audits.

We do not use your information for marketing purposes without your explicit consent.

5. Sharing and Disclosure of Your Information

We treat your personal information as confidential and share it only when necessary and with appropriate safeguards. Disclosures may include:

Service Providers: Third-party vendors who assist us, such as IT providers, document storage services, or financial advisors, bound by confidentiality agreements.
Professional Advisors: With your consent, sharing with your accountants, financial planners, or other attorneys involved in your estate plan.
Legal and Regulatory Requirements: To comply with laws, court orders, subpoenas, or government requests (e.g., tax authorities or probate courts).
Business Transfers: In the event of a merger, acquisition, or sale of the Firm, your information may be transferred as a business asset, subject to similar privacy protections.
Beneficiaries or Executors: As required for executing your estate plan, such as sharing details with named beneficiaries or trustees.

We do not sell your personal information to third parties.

6. Data Security

We implement reasonable administrative, technical, and physical safeguards to protect your personal information from unauthorized access, loss, misuse, or alteration. These measures include:

Encryption of sensitive data in transit and at rest.
Access controls, such as password-protected systems and role-based permissions.
Regular security audits and employee training on data protection.
Secure storage of physical documents in locked facilities.

Despite these efforts, no system is entirely secure. In the event of a data breach, we will notify affected individuals and authorities as required by law.

7. Your Rights and Choices

You have rights regarding your personal information, subject to applicable laws and our professional obligations (e.g., attorney-client privilege). These may include:

Access: Request a copy of the personal information we hold about you.
Correction: Update or correct inaccurate information.
Deletion: Request deletion of your information, except where we must retain it for legal, regulatory, or service-related reasons.
Objection or Restriction: Object to certain uses or restrict processing in specific circumstances.
Portability: Request transfer of your data to another provider.
Withdrawal of Consent: Withdraw consent for non-essential processing.

To exercise these rights, contact us using the details in Section 10. We will respond within the timeframes required by law (e.g., 30 days under GDPR or 45 days under CCPA). We may require verification of your identity before processing requests.

California residents: Under CCPA/CPRA, you have additional rights, including opting out of data sales (which we do not engage in) and limiting use of sensitive personal information.

8. Cookies and Tracking Technologies

Our website may use cookies, web beacons, and similar technologies to enhance user experience and collect usage data. These may include:

Essential cookies for site functionality.
Analytics cookies to track visitor behavior (e.g., via Google Analytics).
You can manage cookies through your browser settings. Disabling them may limit site features.

We do not track users across third-party sites for advertising purposes.

9. Data Retention

We retain your personal information for as long as necessary to fulfill the purposes outlined in this policy, including providing services, complying with legal obligations (e.g., tax records for 7 years), and resolving disputes. After this period, we securely delete or anonymize the data.

10. International Data Transfers

If you are outside the United States, your information may be transferred to and processed in the U.S. We ensure appropriate safeguards, such as standard contractual clauses, for international transfers.

11. Children's Privacy

Our services are not directed to individuals under 18. We do not knowingly collect personal information from children. If we become aware of such collection, we will delete it promptly.

12. Changes to This Privacy Policy

We may update this policy periodically to reflect changes in our practices or legal requirements. We will notify you of material changes via email or our website. Continued use of our services after updates constitutes acceptance.