en
Search
CONSULTATION
From 22 August 2024

Privacy & Cookies Notice

The Privacy & Cookies Notice (hereinafter – “Notice”), describes IPSTYLE’s approach to processing individuals personal data who use the https://ipstyle.ua website and/or https://ipstyle.net and/or intend to receive IPSTYLE Services. The Notice defines the grounds, term and purposes for the personal data processing. The Notice applies to the relationship between the private individual and IPSTYLE. Additionally, the Notice contains provisions to ensure the confidentiality of personal data and information received by IPSTYLE from the User.

DEFINITIONS

IPSTYLE LLC, IPSTYLE Patent Law Company LLC, IPSTYLE Attorneys Association (hereinafter – “IPSTYLE”) specializes in providing services in the field of intellectual property law.

‘Services’ means services in the field of intellectual property (IP), including, but not limited to the legal protection of trademarks, inventions, utility models, industrial designs, copyright objects, etc. (IP objects)in Ukraine and other countries; services related to consulting by IPSTYLE specialists as to the possibility of protection of an idea, technical solution, design, other results of intellectual activity as an IP object; services related to other issues in IP sphere, in particular, contractual relations regarding the IP objects (license agreements, assignment, franchising etc.), protection of IP rights in court and other state authorities, filing cease and desist letters, protection of IP rights at customs etc. Services are provided in accordance with the agreement signed with the private individual.

‘Website’ means websites https://ipstyle.ua and/or https://ipstyle.net.

‘User’ means any legally capable natural person (‘data subject’), who intends to receive the Services and/or receives the Services and/or uses the Website.

‘personal data’ means any information relating to an identified or identifiable natural person.

‘confidential information’ means information and data that the User provides to IPSTYLE related to the use of the paid/free services from IPSTYLE, in particular:

  • trade secrets, which is information that is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question, therefore has commercial value and has been subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it secret;
  • any and all ideas, improvements, inventions, methodologies, works, and other innovations of any nature, which were invented, devised, developed, designed, produced, or embodied by the User who communicates them, whether they are subject to copyright, patent, trademark, trade secret, or any other legal protection (including, without limitation, patent claims, processes, databases, mechanical and electronic equipment, electronic assemblies, computer hardware and components, computer software, etc.)

PERSONAL DATA. PURPOSES AND GROUNDS FOR PERSONAL DATA PROCESSING

1. IPSTYLE, for the purpose of providing the Services and/or during the provision of the Services, may process:

1.1. the following personal data of the User:

  • first, middle and last name;
  • information about the place of residence and its changes;
  • passport details (in particular passport series, number, issuing authority, date of issue and/or taxpayer registration card number);
  • bank account details, information on payments made to or received from the User;
  • date of birth;
  • e-mail address;
  • telephone number and other contact details;
  • metadata (e.g. date, time when the person called IPSTYLE, cookies);
  • any other data that the User provides voluntarily.

1.2. personal data with a special status (“sensitive personal data”):

  • ethnicity and/or nationality;
  • political beliefs;
  • membership in professional unions/organizations, political parties/organizations, including those of other countries;
  • participation of the User in the bodies of companies (general meetings of participants, supervisory board, executive body, etc.), membership of the founders (participants), owners, ultimate beneficial owners of companies, having a share in the authorized capital of such companies, including in other countries;
  • bringing the User to liability and/or announcing suspicion of committing a crime, imposing special economic and other restrictive measures (sanctions) on the User by the regulatory legal acts of Ukraine and/or other countries or organizations, and/or by decisions of any public authorities of Ukraine and/or other countries, etc.

1.3. personal data of children:

IPSTYLE provides the Services to persons who are 18 years of age or older. However, in order to provide some of the Services, IPSTYLE may need to process the personal data of children. If the User is a child under the age of 18, the collection and processing of his or her personal data will be carried out only to the extent permitted by law and with the permission of the child’s parents or guardians.

2. IPSTYLE collects personal data of Users in the following ways:

  • the User has voluntarily provided such data to IPSTYLE through the Website, during personal communication in print, oral, electronic, telephone and any other form, including through social networks and messengers;
  • the User has voluntarily provided IPSTYLE with such data for the purpose of employment or internship/training;
  • the User has voluntarily provided IPSTYLE with such data in order to involve IPSTYLE in various events and performances;
  • IPSTYLE received such data from its customers and/or third parties and/or from open sources (social networks, media, etc.);
  • IPSTYLE has received such data from third-party services using cookies.

3. IPSTYLE processes the personal data of Users on the following legal grounds:

  • the conclusion and execution of an agreement to which the User is a party or which is entered into for the benefit of the User or to carry out activities preceding the conclusion of the agreement at the request of the User, in particular, those related to the provision of the Service;
  • the data subject has given consent to the processing of his or her personal data for one or more specific purposes, in particular in the case of direct marketing;
  • the need to protect the legitimate interests of IPSTYLE or of the third party to whom the personal data is transferred, in particular for the purpose of employment, to improve IPSTYLE’s Services, settlement of conflicts of interest between clients and IPSTYLE interests, etc.

4. IPSTYLE processes Users’ personal data for the following purposes:

  • providing Services;
  • entering information into the customer database for communication purposes;
  • sending marketing information (newsletters, congratulations, marketing messages concerning the Services);
  • fulfillment of the duties entrusted to IPSTYLE under the national and international law;
  • settlement of conflicts of interest in relation to the client or the client’s counterparty;
  • conducting researches for the purposes established by law or bylaws, in particular, when conducting ‘Know Your Customer’ identification required by applicable law;
  • employment or internship/training;
  • submission of information for electronic directories and ratings;
  • analyzing the traffic on the website (by means of cookies) and improving the IPSTYLE website.

5. IPSTYLE is the controller and processor of the User’s personal data.

6. In certain cases, in particular, when personal data is used for direct marketing purposes, IPSTYLE uses such data on the ground of the User’s informed and freely given consent, which may be given:

  • in writing, in a agreement with IPSTYLE for the provision of Services;
  • electronically, when using the IPSTYLE Website on the relevant page, by ticking the relevant “checkbox”.

USER RIGHTS

7. Users has the right:

  • to know about the sources of collection, the location of their personal data, the purposes and grounds for data processing, the location of IPSTYLE;
  • to receive information about the conditions of access to personal data, including information about third parties to whom personal data is transferred;
  • to access to their personal data;
  • to object to processing of his/her personal data;
  • to request the modification of their personal data by sending an appropriate request to IPSTYLE via the email address indicated in the Contacts section;
  • to make a restriction as to the processing of personal data when giving consent or by sending an appropriate request to IPSTYLE via the email address indicated in the Contacts section;
  • to withdraw consent for the processing of personal data by sending an appropriate request to IPSTYLE via the email address indicated in the Contacts section;
  • to erasure (‘right to be forgotten’);
  • to unsubscribe from receiving IPSTYLE email newsletters and other marketing materials. To do this, it is necessary to follow the instructions specified in the e-mail received by the User from IPSTYLE or by sending an appropriate request to IPSTYLE via the email address indicated in the Contacts section.

TRANSFER OF PERSONAL DATA

8. When necessary, personal data may be disclosed by IPSTYLE in order to support IPSTYLE’s activities and to fulfill the purpose of processing personal data to such third parties:

  • translators, forensic experts and/or specialists, lawyers and/or patent attorneys and/or attorneys at law, including those operating within the jurisdiction of other countries;
  • offices, courts and other public authorities of Ukraine and other countries;
  • third parties that perform IPSTYLE customer traffic analysis for IPSTYLE, for example, Google Analytics.

9. This list is not exhaustive and, if necessary, may be expanded solely for the purpose of providing IPSTYLE services, about which IPSTYLE notifies the User.

PROCESSING AND SECURITY OF PERSONAL DATA. IPSTYLE RIGHTS.

10. IPSTYLE is processing Users’ personal data by automated means; personal data is kept in electronic form on the Website, in CRM-system and on computers in the form of Excel files with extension .xls or .xlsx, access to which only authorized IPSTYLE employees has at the location of IPSTYLE office: 61 Mezhyhirska, Kyiv, Ukraine, 04071.

11. IPSTYLE takes technical and organizational measures to protect personal data to ensure adequate security, protection against accidental loss and/or destruction, against unlawful processing, unlawful destruction and/or unlawful access to personal data of Users. Only authorized IPSTYLE employees with whom non-disclosure agreements have been concluded have access to the data that IPSTYLE receives.

12. IPSTYLE retains and processes personal data as long as it is necessary to fulfill the purposes defined in the Notice or until a request to delete personal data is received.

13. IPSTYLE has the right to:

  • collect personal data received from Users and process it for the purposes and on the grounds defined in the Notice;
  • accumulate and systematize personal data;
  • transfer personal data to third parties not listed in paragraph 7 of the Notice (in this case, the User is further notified of the purpose and duration of processing);
  • provide access to personal data without User’s consent in cases provided by the legislation of Ukraine;
  • make changes to or delete personal data upon receipt of Users’ requests, letters or demands,
  • make changes in this Notice;
  • other rights provided by the legislation of Ukraine.

REQUEST. DELETION AND MODIFICATION OF PERSONAL DATA

14. If necessary, any User may e-mail office@ipstyle.ua to make changes to their personal data, to request information about its processing, to send requests for other issues related to the processing of personal data. In the case of the consent withdrawal and personal data removal, the User may request so by e-mailing office@ipstyle.ua. In the case of a notice of consent withdrawal and removal of personal data, IPSTYLE undertakes to remove such data within 30 days after the identification of the User.

15. In the case of a request as provided in paragraph 11 of the Notice, IPSTYLE has the right to contact the User by telephone or by e-mail in order to carry out such identification, if necessary, in order to confirm the User’s actions outlined in paragraph 11 of the Notice.

16. In case of personal data processing termination due to withdrawal of the User’s consent, IPSTYLE may cease to provide the Services to the User (or not to start providing them) if it is impossible without such processing. At the same time, IPSTYLE shall not be liable for the termination of the Services, unless otherwise provided by mutual consent of IPSTYLE and the User, expressed in writing.

USE OF COOKIES

17. IPSTYLE uses cookies to record the type of browser and operating system, the page from which the User came to the current page, the path through the pages on this Website, the domain of the Internet service provider in order to understand how Users use the Website. IPSTYLE uses cookies to track User settings and preferences, analyzing the behavior of the Website User. Cookies are also used to improve the navigation of the Website and to tailor information that is more relevant to the User.

18. IPSTYLE encourages all Website Users to make sure that their browser settings match their desire to accept cookies or not. The User may set the browser to warn before accepting cookies or to reject them immediately. Accepting cookies is not a prerequisite for navigating and using the IPSTYLE Website.

19. In any case, IPSTYLE uses cookies on the basis of the User’s informed and freely given consent, which may be provided in electronic form, while using the Website on the relevant page by checking the appropriate “box”.

CONFIDENTIALITY NOTICE. WARRANTIES

20. In the process of receiving IPSTYLE’s paid/free services, the User has the right to provide IPSTYLE with information and data constituting confidential information. Such information may be provided both online and in any medium or verbally.

21. A detailed list of information constituting confidential information, other than those specified in the Notice, rules of operation and ensuring the regime of protection of confidential information may be agreed upon by mutual consent of IPSTYLE and the User in writing.

22. Privacy Notice provides for the following obligations of IPSTYLE:

  • the obligation not to disclose (transfer) in any way Confidential Information to third parties in cases not covered by the Notice;
  • the obligation to comply with the regime of protection of confidential information by providing organizational, technical means, limiting access to confidential information of third parties, provided by the legislation of Ukraine;
  • the obligation to use Confidential Information solely for the provision of appropriate services to the User;
  • the obligation to remove or to return to the User all or part of the Confidential Information within a reasonable period after the provision of the relevant services, if IPSTYLE receives a written request from the User to do so.

23. IPSTYLE warrants that its employees will maintain complete confidentiality, that is, not disclose Confidential Information to any third party in any way, and use Confidential Information only for the purpose of providing IPSTYLE’s relevant services to the User and the results of the services, whether such information is disclosed voluntarily or is otherwise obtained by IPSTYLE as a result of providing services to the User, unless such information is made publicly available at the User’s option.

24. Due to the fact that in order to provide IPSTYLE services, in some cases, Confidential Information must be disclosed to third parties, the manner and grounds for such disclosure are agreed in advance with the User, in particular through e-mail correspondence or other acceptable means, which may indicate that the User has conclusively provided such consent (such as the User providing relevant information or continuing e-mail correspondence with IPSTYLE in response to an IPSTYLE request/e-mail about the need to to provide such information to foreign patent attorneys for their use in the proceedings before a foreign patent office) (hereinafter, the Agreed Disclosure).

25. The Agreed Disclosure may be related to the Services provided to the User and relating, in particular, but not exclusively, to the obtaining of legal protection in the IP sphere, enforcement of rights in the IP sphere, protection of rights and legitimate interests in the IP sphere both in Ukraine and abroad, when Confidential Information may be fully or partially provided to third parties that provide services necessary for IPSTYLE activities and their provision of services to the User, which include

  • translators, forensic experts and/or specialists, lawyers and/or patent attorneys and/or attorneys at law, including those operating within the jurisdiction of other countries and the like;
  • offices, courts and other public authorities of Ukraine and other countries.

26. The Agreed Disclosure may take place, for example, in case of the need to provide U.S. patent attorneys to respond to a provisional refusal of the U.S. Patent and Trademark Office to register the User’s trademark, if necessary to order expert p[inion within litigation, to represent the User by an attorney at law of foreign jurisdiction before the judicial authorities of another country, etc.

27. If it is necessary to make an Agreed Disclosure of Confidential Information to private parties (law firms, patent attorneys, foreign attorneys, etc.), IPSTYLE undertakes to provide such information and impose confidentiality obligations on such parties to the extent required by the relevant Services.

28. If the User fails to provide consent/prohibit the Agreed Disclosure of Confidential Information which makes it impossible for IPSTYLE to provide the Services, IPSTYLE is not responsible for the failure to provide the Services, including any loss to the User which may occur in connection therewith.

29. Disclosure of Confidential Information without the prior consent of the User is permitted only when such disclosure is required by the provisions of the legislation of Ukraine, in particular, when such disclosure is related to obtaining official permits, documents for the provision of services, or compliance with the legislation of Ukraine. According to the legislation of Ukraine the Confidential Information shall not be disclosed/provided without the User’s consent in response to the attorneys’ inquiries, requests or demands of the law enforcement authorities and other public authorities or their officials except for those having the respective powers explicitly provided by the legislation of Ukraine.

30. IPSTYLE is not responsible for disclosure of confidential information if such disclosure was caused by intentional or accidental actions of the User or third parties.

31. The obligations set forth in this Section shall be valid for three years from the moment the User provides IPSTYLE with the relevant Confidential Information unless otherwise established by mutual consent of IPSTYLE and the User in writing.

32. User’s provision of Confidential Information does not transfer any intellectual property rights. Transfer of Confidential Information does not constitute a grant of any right to use it for any purpose other than the provision of the paid/free IPSTYLE services.

OTHER PROVISIONS

33. Any disputes that may arise between the User and IPSTYLE about the relationship to which the provisions of this Notice apply shall be resolved in accordance with the legislation of Ukraine. The User has the right to contact IPSTYLE for a pretrial dispute resolution by e-mailing office@ipstyle.ua, or by sending a letter to the address: 61 Mezhyhirska, Kyiv, Ukraine, 04071.

34. If the User has any questions or comments about this Notice, the User may seek for advice or clarification from IPSTYLE by e-mailing office@ipstyle.ua.

35. This Notice may be updated in the future to comply with national and international laws regulating the protection of personal data. In the event of significant changes to the provisions, IPSTYLE will send an email about such changes before they take effect.

36. IPSTYLE Legal Information:

  • IPSTYLE LLC – 11-A Tampere st. Kyiv, Ukraine, 02105 (identification code of the legal entity: 35207820);
  • IPSTYLE Patent Law Company LLC – 84 Naberezhno-Korchuvatska st., apt. 33, Kyiv, Ukraine, 03045 (identification code of the legal entity: 37641572)
  • IPSTYLE Attorneys Association – 84 Naberezhno-Korchuvatska st., apt. 33, Kyiv, Ukraine, 03045 (identification code of the legal entity: 41837010).