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Privacy Policy

At Trademark Access, we value the trust you place in us and take your privacy seriously. We want to let you know what information we collect when you use Trademark Access’s website, products, or services, why we collect it, and how we use it to improve your experience. Please read the following to learn more about our privacy policy. By visiting the Trademark Access website (“Website”), you are accepting the practices outlined in this Privacy Policy.

This Privacy Policy covers Trademark Access’s treatment of personal information that Trademark Access gathers when you are on the Website and when you use Trademark Access products or services. This policy does not apply to the practices of companies that Trademark Access does not own or control, or to people that Trademark Access does not employ or manage.

Personal Responsibility

You should inform yourself regarding safe internet practices and what you can do to protect yourself against identity theft and Internet Fraud. The federal government and technology industry have developed practical tips to help you guard against Internet fraud, secure your computer and protect your personal information. You can learn more about practical online safety tips at http://www.onguardonline.gov.

Information Submitted Through Website; No Attorney-Client Relationship Created

There are several places throughout the Website that permit you to submit information to us.  For example, you may submit information through the Contact Us, Plans & Pricing, and Start Application pages or through the free Trademark Creation Guide request form. Such information may include personal information about you, your company, or trademarks you use or intend to use. You should not submit any confidential information through the Website that you would not want us to have if we were representing one of your competitors.  The reason for this is that we represent a wide variety of clients. Prior to agreeing to represent you, we will perform a conflicts check to ensure that we do not already represent another party whose interests may conflict with or be adverse to your interests, e.g., to ensure that we would not have a conflict-of-interest in representing you. Thus, no attorney-client relationship will exist or attach between you and us until we have performed a conflicts check and all other formal requirements described in our Terms of Use have been met, including entering into a written engagement agreement.

In the event we elect not to represent you because of an actual or potential conflict-of-interest relating to one of our clients, we will continue to represent the client with respect to which the conflict or potential conflict has arisen. Thus, you acknowledge and agree that you will not submit any confidential information to us prior entering into a written engagement agreement with us and our having completed and cleared a conflicts check.  Also, you further acknowledge and agree that in the event you do submit confidential information to us through the Website and we elect not to represent you: (1) no attorney-relationship will be created or otherwise attach between you and us, and; (2) we may represent any of our clients adverse to your interests, even if that representation relates to confidential information you submitted through the Website.

Collection & Use of Information by Trademark Access

Trademark Access collects personal information when you use Trademark Access products or services, when you submit information through the Website, and when you visit Trademark Access web pages or the web pages of Trademark Access partners. Trademark Access may combine the information that we have with information we obtain from business partners or other companies. For example:

When you submit information through the Website, you are not anonymous to us. In order for you to use certain Trademark Access services, you must complete a request form, such as the form on the Start Application page. As part of this request form, we require certain personal information, such as your full name, city, state, zip code, e-mail address, business information. You can choose not to provide us with certain information, but then you may not be able to enjoy all of the features or services offered by Trademark Access.

Also, whenever you interact with us, we automatically collect certain information whether or not you submit information to Trademark Access through the Website. For example, Trademark Access automatically receives and records information from your computer and browser, including your IP address, Trademark Access cookie information, software and hardware attributes, and the page you request. Trademark Access also collects information regarding tags, flagging, service surveys, and text services you use or post.

Trademark Access uses the information it collects to help diagnose problems with its servers, analyze trends, and to administer the Website. Trademark Access also uses the information to conduct research, customize content, improve our services, improve product and service offerings, provide anonymous reporting for internal and external clients, and to contact you.

E-mail

Trademark Access will not provide your email address to a third party without your express permission. If you submit your e-mail address to Trademark Access, we may send out e-mails with Trademark Access-related news, products, offers, surveys or promotions. If you do not want to receive e-mail from us, follow the instructions provided in the unwanted e-mail message. Please note that changing your e-mail preferences may not prevent you from receiving certain system e-mails and legal notices (e.g., policy updates).

Cookies

Trademark Access transfers cookies (alphanumeric identifiers) to your computer’s hard drive through your Web browser to enable Trademark Access to recognize your browser and tell us how and when pages in our website are visited and by how many people. Trademark Access cookies do not collect personal information. Trademark Access does not use cookie information with other personal information to tell us your screen name, e-mail address, or who you are.

You may set your browser to fully disable cookies or to notify you when you receive a new cookie. The “Help” button on most browsers will explain how to change your cookie settings. However, to use certain Trademark Access features the Trademark Access cookie must remain activated. We recommend that you leave the Trademark Access cookie activated.

Please note that third-party content providers and other third-parties may use cookies on our website. We do not control or have access to these cookies.

Information Sharing & Disclosure

We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you. Also, we limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. All of our employees are kept up to date on our privacy and security practices.

Trademark Access does not sell, rent, or share personal information about you with non-affiliated companies or other people except to provide products or services you have requested, when we have your permission, or under the following circumstances:

We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Trademark Access’s Terms of Use, or as otherwise required by law.

We respond to subpoenas, court orders, or legal process, and may share information to establish or exercise our legal rights or defend against legal claims.

If a Trademark Access user is a child under age 13, we may share information with a parent’s authorization. Parents may allow Trademark Access to collect and use their child’s information without consenting to Trademark Access’s sharing of this information with companies and people who may use the information for their own purposes.

Trademark Access personnel may have access to information in the normal course of Trademark Access’s business. Trusted partners who work with Trademark Access under confidentiality agreements may also have access to information. These companies do not have any independent right to share this information. Likewise, authorized Trademark Access consultants and/or contractors may also have access to user information, if necessary, in the normal course of Trademark Access’s business.

If Trademark Access merges with another company or if Trademark Access or substantially all of the assets of its Website or business relating to Trademark Access services are acquired by or transferred to another company, then information may be transferred in such a merger or acquisition.

Children Under 18 Years of Age

Children under the age of 13 may not register to use the Trademark Access website. Trademark Access does not specifically collect information about children. We recommend that minors between the ages of 13 and 18 ask and receive their parents’ permission before using Trademark Access or sending information about themselves or anyone else over the Internet.

Changes to Privacy Policy

Trademark Access may update this policy. You will be notified of significant changes either by an email to the primary email address provided by you in your Trademark Access account or by placement of an announcement on the Trademark Access website. The Privacy Policy in effect at the time information is used shall apply to that use.

Conflicts with Terms of Engagement

Please note that certain provisions herein are not applicable if you have entered into a written engagement agreement with Trademark Access.  Thus, in the event you have entered into a written engagement agreement with Trademark Access and any term of the engagement agreement conflicts with any term of this Privacy Policy, then the conflicting term of the engagement agreement will govern.

Trademark Access

As used in the Privacy Policy and in the Terms of Use, “Trademark Access” shall mean Trademark Access and any of its partners or affiliates, including the law firm of Bateman IP.

Conditions of Use

Your visit to Trademark Access’s website and any dispute over privacy is subject to our Terms of Use and this Privacy Policy, including limitations on damages and application of Utah state law, jurisdiction and venue.

Questions & Contact

If you have questions regarding the Privacy Policy, please contact us at:

Trademark Access
Attn: Privacy Policy Issues
P.O. Box 1198
Salt Lake City, UT 84110
 

Effective Date: November 18, 2011