Privacy Policy

BernardIPLaw.com

Privacy Policy

This Privacy Policy was last changed on 25 May 2017.

Thank you for visiting BernardIPLaw.com.  BernardIPLaw.com (“BIPL”) is committed to protecting your privacy your personal data. This Privacy Policy describes how BIPL collects, uses, and shares your personal data when you visit our website (regardless of where you visit it from) and tells you what choices you have regarding your privacy rights and how the law protects you. 

BIPL reserves the right to change, modify, add or remove portions of this Privacy Policy at any time and without prior notice, and any changes will become effective immediately upon being posted unless BIPL advises otherwise. Your continued use of the Site after this Privacy Policy has been amended shall be deemed to be your continued acceptance of the terms and conditions of the Privacy Policy, as amended. BIPL encourages you to bookmark this web page and review this Privacy Policy regularly.

Applicability

This Privacy Policy is intended to give you information on how BIPL may collect and process your personal data through your use of all websites that BIPL own and operate, including this Site, and on-line services, offerings and other interactions, including any data you may provide through this Site. This Privacy Policy does not apply to any third party applications that integrate with this Site or any other third party plug-ins, products, services, applications, or businesses.  Clicking on third party links or enabling those connections may allow third parties to collect or share data about you. BIPL does not control these third-party Sites and is not responsible for their privacy statements. When you leave BernardIPLaw.com, you are encouraged to read the privacy policy of the Site(s) you visit.

By visiting this Site, you are accepting the policies and practices described in this Privacy Policy. Each time you visit the Site, you agree and expressly consent to our collection, use and disclosure of the information that you provide as described in this Privacy Policy.

If you do not agree with the data practices described herein, you should not use our Site.  This Site is not intended for children and BIPL does not knowingly collect data relating to children.

It is important that you read this Privacy Policy together with any other related notice provided when BIPL is collecting or processing Personal Data about you so that you are fully aware of how and why BIPL is using your data. This Privacy Policy supplements the other policies and notices on our Site and is not intended to override them.  If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact BIPL using the details set out below:

Full name of legal entity: Bernard IP Law, LLC

Email contact through Site: BernardIPLaw.com
Postal address: 11076 Maple Rd., Lafayette, Colorado, 80026, US

You have the right to make a complaint at any time to your respective supervisory authority. BIPL would, however, appreciate the chance to deal with your concerns before you approach such authority.  BIPL, therefore, asks that you please contact BIPL first so that BIPL may have the opportunity to address your issue(s).

Changes to your data

It is important that the Personal Data BIPL holds about you is accurate and current. Please keep BIPL informed if your Personal Data changes.

The Information Collected

BIPL collects information to operate effectively and provide you the best experience with our Site. As used in this Privacy Policy, “Personal Data” or “Personal Information” means any information about an individual from which that person can be identified. It does not include anonymous data where the identity has been removed. 

BIPL may collect, receive, use, store, and transfer different kinds of personal data about you which BIPL categorizes as follows:

1. Personal and Business Contact Information, such as, your first name, last name, postal address, email address, telephone number, job title, gender, and employer;
2. Profile Information, such as, your username or similar identifier, password, picture, industry, interests, feedback, and preferences;
3. Technical Information, such as, internet protocol (IP) address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this Site;
4. Content you post on our Site, such as text, images, photographs, messages, comments, or other contact, that is not your email address;
5. Transaction Information, such as, purchase details, registrations, billing details;
6. Usage Information, such as, how you use and interact with our Site, products, and services;
7. Feedback and Correspondence Information, such as, information you provide in responses, participating in research, report a problem with the Site, receive support, or otherwise correspond with use; and
8. Marketing Information, such as, your preferences for receiving marketing communications and your communication preferences.

BIPL may also collect, use, receive, and share information BIPL receives from others, such as, Aggregated Data in the form of statistical or demographic data for any purpose. Aggregated Data may be derived from your Personal Data but is not considered Personal Data in law as this data does not directly or indirectly reveal your identity. For example, BIPL may aggregate your Usage Information to calculate the percentage of users accessing a specific Site feature. However, if BIPL combines or connects Aggregated Data with your Personal Data so that it can directly or indirectly identify you, BIPL treats the combined data as Personal data which will be used in accordance with this Privacy Policy.

BIPL does not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor does BIPL collect any information about criminal convictions and offenses.

Necessary Personal Data

There are instances in which BIPL may need to collect Personal Data from you, for example, by law or under the terms of a contract.  If you do not provide that data when requested, BIPL may not be able to perform, for example, to provide you with requested goods or services.

How BIPL Collects Data

BIPL uses different methods to collect data from and about you.

Voluntary Information

Through direct interactions with you, you may give us your Identity and Contact Information by filling in forms or providing other information via our Site. This includes, for example, Personal Data you provide when you:

                    request our services and/or products;

                    subscribe to our blogs, publications, emails, notices; or

                    contact us with questions, feedback, or complaints.

You may always choose not to provide Personal Data or certain Personal Data, but this may prevent you from gaining access to or limit the features that you can use on the Site.

Passively and Automatically Collected Information

As you use the Site, certain information may be passively and/or automatically collected.  BIPL may collect information by recording your Site use and how you use the Site with personally identifiable information providing, for example, technical data about your equipment or browsing actions and patterns.   BIPL collects this data through, for example, cookies, pixels, beacons, log files, receiving reports or usage data, and other similar technologies. BIPL may also receive Technical Information about you if you visit other Sites employing our cookies.

BIPL may also automatically collect non-personally identifiable information throughout Internet Log files, which records data such as IP addresses, browser types, domain names, and other anonymous statistical data involving the use of the Site.  This information may be used for our business purposes, including personalizing your experience on the Site. 

Information may also be collected when you use the App, including, for example, the software application needed to utilize the App, synchronization, non-personally identifiable information concerning your device, the application’s files on your device, and your usage of the App.

Information Received from Third Parties

BIPL may receive personal data about you from various third parties, online and/or offline, and public sources, for example, technical Information from providers, based inside or outside of the EU, or social media pages.

Information received from third parties may be combined with the information BIPL has already collected from you through our Site and/or Services.

Legal Basis for Personal Data Use

Your personal data will only be used when the law allows use. The most common uses of your Personal Data may include:

1. performance of a contract BIPL are about to enter into or have entered into with you; or
2. our or a third party’s legitimate interests necessitate use and your interests and fundamental rights do not override those interests; or
3. legal or regulatory obligation compliance.

 Consent, as a legal basis, is not generally relied upon for processing your Personal Data other than for sending you third party direct marketing communications via email or text message.

 As used herein, the term “Legitimate Interest” means the interest of our business in conducting and managing our business in a way that enables us to provide the best services and products via a secure experience. To do so, BIPL considers and balances potential impacts on you and your rights before processing your Personal Data for our Legitimate Interests. BIPL does not, without your consent or unless required/permitted by law, use your Personal Data for activities where our interests are overridden by the impact on you. For more information about legitimate interest assessment in respect of specific activities, please contact us.

The term “Performance of a Contract” refers to the processing of your Personal Data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

YOU HAVE THE RIGHT TO WITHDRAW CONSENT TO MARKETING AT ANY TIME BY CONTACTING BIPL.

How BIPL Uses Your Personal Data

BIPL sets out, in the below table, a description of the ways BIPL may use your Personal Data, the legal bases BIPL relies on to do so, and BIPL’s legitimate interests for use.

Note that BIPL may process your Personal Data for more than one legal basis depending on the specific purpose for which BIPL is using your data. Please contact us if you need details about the specific legal basis BIPL is relying on to process your Personal Data where more than one ground has been set out in the table below.

As used herein, “Comply with a legal or regulatory obligation” means to process your Personal Data when it is necessary for compliance purposes because of a legal or regulatory obligation to which BIPL is subject.

Opting out

You can ask BIPL or third parties to stop sending you marketing messages at any time by contacting us through the contact page on our Site BernardIPLaw.com. 

BIPL DOES NOT use what you say in email, chat, video calls or voice mail, or your documents, photos or other personal files to target ads to you.

Cookies and Other Technologies

Site traffic information is gathered on the Site via “cookies.”  Most sites use cookies.  Cookies, small pieces of digital information stored by your browser on your computer, are small text files that can be read by a Site server in the domain that put the cookie on your hard drive. They track initial and returning visits, browsing patterns on the Site, and Services ordered and/or viewed.  You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this Site may become inaccessible or not function properly.

BIPL cookies do not contain personally identifying information, but enable BIPL to identify you as a repeat visitor and may help BIPL personalize your Site experience.  BIPL may also use cookies, pixels, web beacons (which are usually small, transparent graphic images), operating system, and device information and navigational data like Uniform Resource Locators (URL) to gather information regarding:

1. store your preferences and settings;
2. enable you to sign-in;
3. provide interest based advertising;
4. fight fraud;
5. analyze Site operations;
6. provide and/or analyze our Services; and
7. collect data about the date and time of your visit, the features and information for which you searched and viewed, the email you opened, on which advertisements you clicked or your IP Address.

 BIPL does not store Personal Data in any cookies on your computer. 

Although most browsers are initially set up to accept cookies, you may reset your browser to notify you when you receive a cookie or to reject cookies generally.  There are a variety of tools to control cookies, web beacons, and similar technologies, including for example, browser controls to block and delete cookies and controls from some third-party service providers to opt out of data collection. Your browser and other choices may impact your experiences with our Services.  Cookies may be removed by following your Internet browser’s directions with the help tab, however, in order to use certain Services offered on the Site your web browser must accept cookies. If you choose to disable cookies, some aspects of the Site may not work properly, and you may not be able to access our Services.

Flash cookies, local stored objects, may be used on certain features of the Site to collect and store information about your preferences and navigation to, from, and on the Site.  Flash cookies are not managed by the same browser settings as cookies, and they are not placed on your computer.

Web beacons, pixel tags, or clear GIF, are graphic images which are used to better understand the browsing patters of visitors to a page of the Site. They may be used on some pages of the Site by BIPL or third parties.  Web beacons DO NOT pass or read personally identifiable information about you.  When HTML code for a web beacon points to the Site to retrieve the pixel image, information can be passed along such as:

1. the IP address of the computer that requested the image;
2. the time the web beacon was viewed;
3. how long the web beacon was viewed;
4. the type of browser that was used; and
5. previously set cookie values.

Web beacons work in conjunction with cookies set by trusted third parties that are used to assess, for example, the effectiveness of particular promotional campaigns, or to optimize advertising once a user leaves the Site. Please view your browser’s help section to determine how to configure your browser to reject or manage BIPL and/or third-party cookies. BIPL may share aggregated information collected through web beacons to vendors for which the beacon was set to determine the success of marketing campaigns, but does not disclose personally identifying information to these vendors.

Third parties may track anonymous Site usage through cookies and web beacons on the Site and other websites. They do this by setting a cookie (or reading a cookie previously placed by them) on users’ computers to track the activities of users who view a web page that contains web beacons. Third parties ad servers may use information about your visits to the Site and other websites in order to provide advertisements about goods and services that may be of interest to you. Periodically, upon our request, third parties may report the anonymous data that they collect on our behalf back to BIPL for our internal use and analysis and our treatment of this anonymous data is governed by the terms of this Privacy Policy. BIPL does not control these advertisers or other parties' use of cookies or web beacons or what they do with the information they collect.

Change of Purpose

BIPL will only use your Personal Data for the purposes for which BIPL collected it, unless BIPL reasonably considers that BIPL needs to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If BIPL needs to use your Personal Data for an unrelated purpose, BIPL will notify you and BIPL will explain the legal basis which allows us to do so.  BIPL may process your Personal Data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Personal Data Disclosure

BIPL may share your Personal Data with third parties as specifically approved by you or for the reasons described below. If you do not want BIPL to use or disclose Personal Data collected about you in the ways identified in this Privacy Policy, you should not use the Site.  BIPL may share Personal Data for legal reasons, with our affiliates, agents and contractors, with vendors working on our behalf; to maintain the security of our Site; and to protect the rights or property of BIPL. Access to your Personal Data by service providers is limited to the information reasonably necessary to perform its limited function.  You acknowledge that such transfers may occur and are permitted by this Privacy Policy.

BIPL requires all third parties to respect the security of your personal data and to treat it in accordance with the law. BIPL does not allow our third-party service providers to use your Personal Data for their own purposes and only permits them to process your Personal Data for specified purposes and in accordance with our instructions.

International Transfers

It may be necessary to share your Personal Data in a way that involves transferring it outside the European Economic Area (EEA).  For example, our third party vendors and service providers may be based outside the European Economic Area (EEA) so their processing of your Personal Data will involve a transfer of data outside the EEA.  Whenever BIPL transfers your Personal Data to a third party based outside of the EEA, BIPL will ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

1. BIPL will only transfer your Personal Data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission; or
2. with certain service or product providers, BIPL may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe; or
3. with providers based in the US, BIPL may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to Personal Data shared between the Europe and the US.

Message Boards, Social Media, Blogs, and Chats

BIPL may make message boards, bulletin boards, chat rooms, social media pages, blogs, and other interactive forums (“Forums”) available as part of the Site. You should be aware that any information which you post to these interactive Forums, or otherwise choose to make publicly available, including your Personal Data, may be disclosed and available to all users who have access to that portion of the Site or Services. You may be offered the opportunity to include your email address with your message, but you are not obligated to do so. Please keep in mind that whenever you voluntarily disclose Personal Data through or on these Forums your information can be viewed, collected, and used by others. In short, if you post Personal Data in a Forum that is accessible to the public, you may receive unsolicited messages from other parties in return. BIPL cannot control the actions of any third parties.  By using these interactive Forums, you agree that BIPL is not responsible for any information or Personal Data that you disclose or communicate in such forums, and any disclosures you make are at your own risk. By posting any comments, pictures or other information ("Content") in a Forum hosted by BIPL, you grant BIPL a non-exclusive, irrevocable, perpetual and worldwide right to copy and post both such Content within our Site, and those of our parent, affiliates, subsidiaries, assigns, agents and licensees and any social media outlets and advertising medium through which BIPL are engaged or elsewhere on the Site, without any further notice to you or any remuneration therefore.

Children’s Personal Information

The Site is not directed to nor intended for minors, in particular, children under 16 years of age. BIPL does not knowingly collect Personal Data from individuals under 16 years of age. If you are under 16 years of age, you should not register or provide Personal Data on the Site. If you are the parent or guardian of a child whom you believe has disclosed Personal Data to BIPL, please contact BIPL through our contact page on our Site at BernardIPLaw.com  so that BIPL may delete and remove such child's information from our systems.  Any unauthorized use terminates the permission or license granted by BIPL.

Your Consent and Notification of Change

By using the Site or App, you consent to the collection and use of your information by BIPL. If you do not want to receive communications from BIPL, please let BIPL know by unsubscribing. If you do not agree to the terms of this Privacy Policy, you should not use our Site.

If at some point in the future, there is a change to our information usage practices that affect your personally identifiable information, BIPL will notify you by email or by posting the change on the Site. Accordingly, you should check this posted Privacy Policy for changes. All amended terms automatically take effect immediately after they are posted. Also, depending on the nature of the change, you may have the option to opt-out of the new information usage.  You should check this posted Privacy Policy for changes each time you enter the Site.

Controlling Your Personal Information

You have choices regarding the collection, use, and sharing of your Personal Information. When you receive communications from BIPL you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the e-mail or newsletter you receive. If you opt-out of promotional or newsletter emails from BIPL, BIPL may continue to send you certain transactional communications, such as announcements and administrative messages which are necessary to our relationship with you.

If your Personal Data changes or if you no longer desire to use or access the Site, BIPL encourages you to correct, update or remove the Personal Data. After you delete or change information, BIPL may retain your Personal Data in conformance with our data retention Privacy Policy and Personal Data may remain within our databases, access logs, and other records. In addition, BIPL is not responsible for updating or removing your Personal Information contained in the lists or databases of third parties who have been provided information as permitted by this Privacy Policy.

User’s Materials

Subject to this Privacy Policy, any communication or material that you transmit to this Site by any means for any reason, will be treated as non-confidential and non-proprietary.  While you retain all rights in such communications or material, you grant BIPL and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Security

Protecting your security is important to BIPL.  BIPL takes reasonable security measures to help protect the data, including Personal Data, on our servers. BIPL has in place appropriate security measures to prevent your Personal Data from being accidentally lost, used, or accessed in an unauthorized way, altered or disclosed. In addition, BIPL limits access to your Personal Data to those who have a business need to know. They will only process your Personal Data on our instructions and they are subject to a duty of confidentiality. BIPL has put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where BIPL is legally required to do so.  Unfortunately, no one can guarantee the security of an internet transmission, and therefore, BIPL does not warrant the security of our servers or the security of information you provide to BIPL online, including Personal Data.

Third Party Hosting

BIPL may contract with a third party to maintain and host the Site.  If so, information you submit, including Personal Data, may be placed and/or stored on a server maintained by a third party host.

Data retention

BIPL will only retain your Personal Data for as long as necessary to fulfill the purposes for which it was collected, for example, for the purposes of satisfying any legal, accounting, or reporting requirements.  To determine the appropriate retention period for personal data, BIPL considers the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which BIPL processes your Personal Data and whether BIPL can achieve those purposes through other means, and the applicable legal requirements.  In some circumstances, you can request erasure and ask to delete your Personal Data.  In some circumstances, BIPL may make your Personal Data anonymous for research or statistical purposes, in which case BIPL may use this information indefinitely without further notice to you.

Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your Personal Data. You have the right to:

1. request access to your Personal Data (commonly known as a "data subject access request") and receive a copy of the Personal Data BIPL holds about you and to check that BIPL is lawfully processing it; or
2. request correction of your Personal Data and have any incomplete or inaccurate data corrected after BIPL verification of the newly provided data; or
3. request erasure of your Personal Data and delete or remove Personal Data where there is no good reason for us continuing to process it, where you have successfully exercised your right to object to processing, where BIPL may have processed your information unlawfully, or where BIPL is required to erase your Personal Data to comply with local law, noting that BIPL may not always be able to comply with your request of erasure for specific legal reasons of which you will be notified, if applicable, at the time of your request; or
4. object to processing of your Personal Data where BIPL is relying on a legitimate interest (or those of a third party) and there is a particularity to the situation as a basis because you feel it has an impact on your fundamental rights and freedoms or where BIPL is processing your Personal Data for direct marketing purposes, noting that BIPL may, in some cases, demonstrate compelling legitimate bases to process your data which override your rights and freedoms; or
5. request restriction of processing of your Personal Data and suspend the processing of your Personal Data in the following scenarios: (i) if you want BIPL to establish the data's accuracy; (ii) where BIPL use of the data is unlawful but you do not want us to erase it; (iii) where you need BIPL to hold the data even if BIPL no longer requires it as you need it to establish, exercise or defend legal claims; or (iv) you have objected to BIPL use of your data but BIPL needs to verify whether BIPL has overriding legitimate grounds to use it; or
6. request the transfer of your Personal Data to you or to a third party where BIPL will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format, noting that this right only applies to automated information which you initially provided consent for us to use or where BIPL used the information to perform a contract with you; or
7. withdraw consent at any time where BIPL are relying on consent to process your Personal Data, but this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, BIPL may not be able to provide certain products or services to you. BIPL will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us through the contact page on our website at BernardIPLaw.com.

No Fees

There are no fees required to access your Personal Data (or to exercise any of the other rights). However, BIPL may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, BIPL may refuse to comply with your request in these circumstances.

What  BIPL May Need From You

BIPL may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. BIPL may also contact you to ask you for further information in relation to your request to speed up our response.

Electronic Communication

When you visit the Site or send emails to BIPL, you are communicating with BIPL electronically and consent to receive communications from BIPL electronically.  BIPL will communicate with you by email and you agree that all agreements, notices, disclosures, and other communications that BIPL provides to you electronically satisfy any legal requirement that such communications be in writing.

MAY 2018