OUR PRIVACY POLICY

We respect and take the privacy of everyone who visits this website very seriously.

Please read our Privacy Policy carefully so that you can understand how we collect, use and disclose the personal information that you provide to us. We comply with Canadian Federal and Provincial privacy laws and regulations, including the Personal Information and Electronic Documents Act. We also comply with European Union GDPR.

This Privacy Policy is applicable to Trademark Factory International Inc. and sets out our policy on the gathering and use of the information on this Website. In this Privacy Policy, Trademark Factory International Inc. shall be, depending on the context, referred to as “we”, “us”, or “our”.

By accessing or otherwise using this Website, including by sending us e-mails, submitting information through forms or using other services we provide on or through this Website, you agree with and accept all the terms and conditions of this Privacy Policy and consent to the processing of your information according to this Privacy Policy. In particular, by submitting your personal data to us, you will be deemed to have given us permission to use and disclose it as stated in this Privacy Policy.

If you do not agree with the terms and conditions of this Privacy Policy, you must immediately cease using and accessing this Website and any content, services or products contained in or available from this Website for which you need to provide personal information.

Your continued use of the Website signifies your acceptance of these terms and any changes in effect at the time of your use of the Website.

What does this privacy policy cover?

This Privacy Policy covers our use and disclosure of your personal information, which is collected through or in connection with this Website, emails or other communication between you and us. Subject to respective privacy policies of various social media platforms and other online service providers that we may use to market, offer or popularize our products and services, this Privacy Policy also covers our use and disclosure of your personal information, which we may collect through or in connection with such social media platforms and online service providers.

For the purposes of this Privacy Policy, "this Website" means all the web pages related to the internet website at https://trademarkfactory.ca or https://trademarkfactory.com, including all of its subdirectories, subdomains and authorized mirrors, and any and all mobile and web applications provided by Trademark Factory International Inc. that interact with the server at https://trademarkfactory.ca or https://trademarkfactory.com.

This Privacy Policy relates only to the Website. Other websites owned by Andrei Mincov or Trademark Factory International Inc. may contain privacy policies, which are different from this Privacy Policy. In addition, specific terms and conditions may apply to specific content, services or products contained in or available from such other websites. In the event such additional or specific terms are inconsistent with the terms contained in this Privacy Policy, the additional or specific terms shall prevail.

There may be links from the Website to other websites. Note that this Privacy Policy applies only to the Website and not to websites of other companies, organizations or individuals to which the Website may be linked. You must check on any linked websites for the privacy policy that applies to that website and/or make all necessary inquiries in respect of that privacy policy with the operator of the linked website. Do not assume that the privacy policy of such other websites will be identical to this Privacy Policy. The links to third party websites are provided as a convenience and are for informational purposes only. We do not endorse, and are not responsible for, these linked websites.

We cannot be held responsible for the privacy policies and practices of other websites even if you accessed the third party website using links from our Website; or you linked to our Website from a third party website.

COLLECTION AND USE OF PERSONAL INFORMATION

What is personal information?

Personal information is data that can be used to uniquely identify or contact a single person, and may include your name; photograph(s); position with a company you may own, represent or be employed by; mailing address; email address; phone number(s); fax number(s); contact preferences; banking or credit card information; and your SIN or SSI number.

What about personal information of others?

From time to time you may wish to provide to us personal details of third parties who, in your opinion, may benefit from our services or when you share your or our content with such third parties using the Website. Before providing such information, please ensure that you have obtained consent of all such third parties to their personal data being used according to this Privacy Policy.

When do we collect personal information?

You may be asked to provide your personal information anytime you contact us or otherwise interact with us through or in connection with the Website. Some personal information will only be requested in limited circumstances, such as when you are making a payment for our products or services or when you ask us to determine if your trademarks are registrable.

Why do we collect personal information and what do we do with it?

We collect and use personal information in order to: respond to queries or requests submitted by you; process orders submitted by you; anticipate and resolve problems with any products or services supplied to you; better tailor and improve the features of products and services; offer you content and advertisements that are tailored to be more relevant to you; keep you posted on our latest product announcements, updates, and upcoming events; send important notices, such as communications about purchases and changes to our terms, conditions and policies; conduct internal auditing, data analysis, and research to improve our products, services, and customer communications; administer contests, sweepstakes or similar promotions if you choose to participate; communicate with third parties whose personal information you provided to us; administer or otherwise carry out our obligations in relation to any agreement you have with us; and do anything else for which you give us your consent when you provide your personal information to us or at any time before we make any such use.

GDPR: Data portability and right to erasure

If GDPR applies to you—and otherwise in our discretion—you may request and we will provide to you within a reasonable time your personal data we store and maintain in a structued, commonly used and machine-readable format. Also, if GDPR applies to you—and otherwise in our discretion—unless you retain our services to register trademarks on your behalf, you may request and we will erase your personal information from servers and computers we control.

COLLECTION AND USE OF NON-PERSONAL INFORMATION

What is Non-Personal information?

Non-personal information is data in a form that does not permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any person.

Non-personal information includes information such as: the type of internet browsers you use or the website from which you linked to our Website; occupation; language; postal code; area code; location; time zone; aggregated data regarding customer profiles and customer activities on the Website. Aggregated data is statistical information collected from multiple users and grouped by any criteria, such as age, occupation, language, location, etc. Aggregated data is considered non-personal information for the purposes of this Privacy Policy. You cannot be identified from this information and it is only used to assist us in providing an effective service on the Website.

If we combine non-personal information with personal information, the combined information will be treated as personal information as long as it remains combined.

When do we collect non-personal information?

We may automatically collect non-personal information about you when you access or use the Website. We may also generate aggregated data by analyzing personal and non-personal information provided to us and collected by us from multiple users.

How do we use cookies and other technologies?

The Website, online services, interactive applications, email messages and advertisements may use “cookies” and other technologies such as pixel tags. We may also collect and store information (including personal information) locally on your computer and device using mechanisms such as browser web storage (including HTML 5) and application data caches. These technologies allow us to collect certain information by automated means each time you visit and/or log on.

Cookies are small data files that are downloaded onto your computer when you visit a particular website. We are able to read these cookies for information purposes when you revisit our Website. Cookies may enhance your online experience by saving your preferences while you are visiting a particular website. Pixel tags are a type of technology placed on a website or within the body of an email for the purpose of tracking activity on website, or when emails are opened or accessed, and are often used in combination with cookies.

We use these technologies on the server level or using reputable third party providers to: better understand user behaviour and improve our knowledge of the use of the Website; see which parts of the Website people have visited; know how many people visited the Website and specific pages accessed during each visit; ascertain whether the Website is operating at an optimal level; facilitate and measure the effectiveness of advertisements and web searches; control the number of times you see a given ad; deliver ads that relate to your interests; measure the effectiveness of ad campaigns; remember your personal information when you use the Website to make your experience more convenient and personal; and enhance our web offerings to you and to provide an enjoyable and an innovative online experience.

We treat information collected by cookies and other technologies as non-personal information, because it represents a computer rather than a person. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by applicable law, we will treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.

You can erase or disable cookies by changing the appropriate settings on your computer, however, some areas or features of this Website may not function properly if you do so.

As is true of most websites, we gather some information automatically and store it in log files. In addition to standard server tools, we may use third party providers such as Google Analytics, Statcounter or others to collect and analyze such information. This information includes: Internet Protocol (IP) addresses; search queries; hardware settings; browser type and language; Internet service provider (ISP); referring and exit pages; operating system; browser and device event information such as crashes and errors; date / time stamp; and clickstream data.

We use this information to: understand and analyze trends; administer the Website; learn about user behaviour on the Website; and gather demographic information about our user base as a whole.

We may collect device-specific information, such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number. We may associate your device identifiers or phone number with your personal information we otherwise collect in accordance with this Privacy Policy. If we use the device-based data in combination with your personal data, we will treat it as your personal information.

When you use a location-enabled service, such as a service available through your mobile phone, we may collect and process information about your actual location. We may also use various technologies to determine location, such as sensor data from your device that may, for example, provide information on nearby Wi-Fi access points and cell towers. This location data is collected anonymously in a form that does not personally identify you and is used by us and our partners and licensees to provide and improve our location-based products and services. If we use the location-based data in combination with your personal data, we will treat it as your personal information.

In some of our email messages, we use a “click-through URL” linked to content on the Website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on the Website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. We may use third party providers to send our email communications using this feature. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.

We may also use pixel tags and similar technologies in our email communication with you. Pixel tags tell us whether mail has been opened, which allows us to determine interest in particular topics and measure the effectiveness of our customer communications. We may use third party providers to send our email communications using these technologies. If you don’t want to be on our mailing list, you can opt out anytime by following the unsubscribe instructions contained in our communications to you. As our client, you may not opt out of receiving important notices that we may send you from time to time and which relate to communications about your purchases and changes to our terms, conditions and policies.

When we use third party providers to collect information by automated means, we take reasonable steps to ensure that privacy policies of such third party providers duly protect your personal information, however, we may not be held responsible and we hereby disclaim any and all liability for any deliberate or negligent unauthorized disclosures that may occur in the result of failure by such third parties to take proper steps to protect the information collected through them.

How do we use aggregated data?

We may use aggregated data for any purposes and at any time in our discretion, including for all purposes listed above and including our right to disclose, sell, rent or license such aggregate data to any third parties, just like any other statistical information.

WILL WE DISCLOSE YOUR INFORMATION?

We will not sell, rent or license your personal information to third parties and we will not disclose any personally identifiable information that we collect from you to any third parties, except: in accordance with the terms of this Privacy Policy; to comply with legal requirements such as a law, regulation, warrant, subpoena or court order; to fulfill our obligations to you under this Privacy Policy or any other contractual arrangement (such as terms and conditions) to which we and you may be parties; to enforce this Privacy Policy or any other contractual arrangement (such as terms and conditions) to which we and you may be parties; to detect, prevent, or otherwise address fraud, spam, malware, security or technical issues; or if we believe that such action is necessary to protect and/or defend our rights, property or personal safety and those of our users and customers etc.

We may share your personal information with our employees, contractors, agents, subsidiaries, and branches and use it in accordance with this Privacy Policy. We may share your personal information among companies that we own or control or with our affiliate companies. We may share your personal information with our co-promotion partners, and companies working with us for purposes that you have authorized, but all information we share will always be protected under the terms of this Privacy Policy. To make sure your personal information is secure, we communicate our privacy and security guidelines to such employees, contractors, agents, subsidiaries, branches and affiliates and strictly enforce such privacy safeguards.

As part of the products or services offered to you through our Website, the information you provide to us may be transferred to countries outside of Canada. By way of example, this may happen if any of our servers are from time to time located in a country outside of Canada or one of our service providers is located in a country outside of Canada. These countries may not have similar data protection laws to Canada. If we transfer your information outside of Canada in this way, we will take reasonable steps to ensure that your privacy rights continue to be protected. In addition, if you use our services while you are outside Canada, your information may be transferred outside Canada in order to provide you with those services.

We may from time to time make certain personal information available to our strategic partners that work with us to provide products and services, or that help us market to customers. Personal information will only be shared by us to provide or improve our products, services and advertising. It will not be shared with third parties for their marketing purposes.

We share personal information with companies who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information and may be located anywhere in the world.

It may be necessary – by law, legal process, litigation and / or requests from public and governmental authorities within or outside your country of residence – for us to disclose your personal information. We may also disclose information about you if we determine that for the purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.

We may also disclose your personal information if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations, clients or users.

Additionally, in the event of a reorganization, merger, or sale, whereby the Website is sold, we may transfer any and all personal information we collect to the relevant third party. Likewise, if we cease business operations or enter into bankruptcy, user information would be one of the assets that may be transferred to or acquired by a third party. Such third party will be bound by the terms of this Privacy Policy. By using the Website, you acknowledge that such transfers may occur and that any acquirer of the Website may continue to use your personal information as set forth in this Privacy Policy.

We may from time to time, in our sole discretion, supply third parties with non-personal information or aggregated data for use in connection with this Website or otherwise.

NOT A SOLICITOR-CLIENT PRIVILEGE AND CONFLICT OF INTEREST

Your communication with us through the Website is governed by this Privacy Policy, but does not constitute a solicitor-client privilege.

If you communicate to us information that is relevant to any of the clients for whom we are already acting, we will not be prevented from continuing to act for our client, from disclosing such information to our client, or from acting upon such information in the best interest of our client. This may happen when, for example, you ask us to register a trademark that would be confusingly similar to the trademark that we filed on behalf of our client.

If we do find ourselves in a situation when we have received from you communications that are relevant to any of the clients for whom we are already acting, we will notify you as soon as practical that we have a conflict of interest and that we cannot act for you.

Once we have confirmed that we do not have a conflict of interest to act for you in relation to a particular trademark, the provisions of this section will no longer apply.

INFORMATION YOU DISCLOSE TO THE PUBLIC

We are not responsible for any personal information you may choose to share with the public using the Website or any third party services available through or in connection with the Website. Any personal data you share with the public, including your personal information that you choose to disclose on your public profile with the Website, can be read, viewed, collected or used by other individuals and entities in ways that we are unable to control or predict, such as to send you unsolicited emails. Such information may be indexable by search engines, and we have no control over future disclose or dissemination of such information. Use common sense when you choose to disclose your personal information in this manner.

If at any time this Website offers any chat rooms, including videochats, forum discussion boards, public commenting platforms, etc., whether or not they are hosted by us or by third parties, we may collect the information that you disclose through such platforms. Such information will be used in accordance with this Privacy Policy, subject to privacy policies of any third parties whose services we may use to provide such chat rooms, discussion boards, commenting platforms, etc. Please note that we cannot be responsible for other parties' use of the personal information, which you make available to such third parties through any chat room, discussion board, comment, etc. on this Website.

Please be careful about what personal information you disclose in this way.

INFORMATION PUBLISHED BY THE TRADEMARKS OFFICES

When a trademark application is filed (in Canada or elsewhere), the application and certain subsequent communication is published by the trademark office of that country. Therefore, a substantial amount of personal information becomes public. We will treat the information made available as part of such publication as information you disclose to the public, and will not be responsible for keeping it confidential.

PROTECTING YOUR PERSONAL INFORMATION AND KEEPING OUR RECORDS ACCURATE

We take precautions – including administrative, technical, and physical measures – to safeguard your personal information, whether it is stored electronically or in hard copy, against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. Personal information you share with us is stored on our database servers (in whatever country they may be located), or hosted by third parties (in whatever country they may be located) who have entered into agreements with us that require them to observe this Privacy Policy.

Some of the pages of the Website may use Secure Sockets Layer (SSL) encryption where personal information is collected. To make purchases from these services, you must use an SSL-enabled browser. Doing so protects the confidentiality of your personal information while it is transmitted over the internet.

We may update the measures we take to protect your personal information as new technology becomes available, as appropriate.

We aim to keep our information about you as accurate as possible. We make it easy for you to keep your personal information accurate, complete and up to date. You can help ensure that your contact information and preferences are accurate, complete and up to date by logging in to your account.

We make good faith efforts to provide you with access so you can request that we correct the data if it is inaccurate or delete the data if we are not required to retain it by law or for legitimate business purposes. We may decline requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law.

We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

WILL THIS PRIVACY POLICY CHANGE?

From time to time we may make changes to this Privacy Policy. If we make any substantial changes to this Privacy Policy and the way in which we collect or use your personal data we will post these changes on this page. We may also notify you of any significant changes to this Privacy Policy by email or by other means of communication. Please check our Privacy Policy on a regular basis. Use of all collected information is subject to the Privacy Policy in effect at the time such information is used.

This policy was last updated on October 6, 2013.

HOW YOU CAN CONTACT US

If you have an issue with this Privacy Policy or if you would like to contact us about our Privacy Policy, you can do so by sending us an email at privacy@trademarkfactory.com. Please note that this Privacy Policy will apply to such email correspondence as well.