Trademark Engine Privacy Policy
Last Updated 03/13/2024
I. Introduction
This Privacy Policy discloses the policies of Trademark Engine (the “Website”) and its operator, Trademark Engine, LLC (collectively “we” or “us”), regarding our collection, use, and disclosure as a controller of the personal information you submit to us through the use of Website.
Trademark Engine is part of an affiliation of companies owned by the same ownership group (collectively, “our Group Companies”). In some cases, we may receive personal information from our Group Companies, and we may share personal information with our Group Companies.
II. User Consent
By accessing or otherwise using the Website, you agree to the terms and conditions of this Privacy Policy, which is incorporated into and forms a part of the Website’s Terms of Service. You expressly consent to the processing and use of your information as described herein.
III. Types of Information Collected
“Personal information” is data that identifies, relates to, describes, can be used to contact, or could reasonably be linked directly or indirectly to you. For purposes of this Policy, there is no meaningful distinction between the terms “personal information” and “personal data.”
As you visit or use our Website or otherwise interact with us, we collect the following categories of personal information about you:
Identifiers (such as names, nicknames, online identifiers, company names, email addresses, addresses, postal addresses, and IP addresses.);
Other Personal Information (such as phone numbers, account information, passwords, credit, debt, or other payment card information, as may be required to use certain services on the Website, text-based customer support messages, answers to other questionnaires we provide to you, and other information you provide about yourself or others through our Services. We also utilize blockchain technology to create a permanent, time-stamped record in order to document information about your trademark use when you submit information to us. Such records are stored on the Hyperledger Fabric blockchain);
Characteristics protected under some laws (such as citizenship status);
Commercial Information (such as products or services you have purchased through the Website);
Internet Information (such as account settings, the user agent identification string associated with your device, which includes information about your hardware and software, and device configuration, information about your searches or interactions with features of our Website; sites or pages visited; access times; referring/exit pages; clickstream data; and performance of our services.);
Audio and Visual Information (such as recordings of calls placed by you to customer support of the Website and visual recordings of your interaction with the website)
You may choose not to provide some of the personal information described above. Please note, however, that many of our services require some personal information to operate, so if you choose not to provide the personal information necessary to operate and provide you with a particular service or feature of that service, you may not be able to use that service or feature.
We do not proactively collect sensitive personal information, such as health-related information, political opinions, religious beliefs, or genetic data.
IV. Collection of Personal Information
We collect the following categories of Personal Information you voluntarily submit to us through the Website, chat, or over the phone.
Identifiers;
Other Personal Information;
Characteristics Protected Under Some Laws;
Commercial Information;
Internet Information; and
Audio and Visual Information.
As you use our Website, we generate certain personal information about you, including through automatic data collection. We may automatically collect information about your interactions with the Website or communications you receive (such as email) using certain technologies, such as cookies, web beacons, third-party platforms, and other technologies. Specifically, we generate, or direct third-party service providers to generate, the following categories of personal information about you:
Identifiers;
Other Personal Information;
Commercial Information; and
Internet Information.
We may receive the following categories of personal information from our Group Companies when you opt-in for our services through a Group Company’s platform:
Identifiers;
Other Personal Information; and
Commercial Information.
We receive some of your personal information from third-party service providers after you have directed us to pursue services on your behalf. The following categories of personal information may be received from third-party service providers after you opt in for services:
Identifiers; and
Other Personal Information.
It is optional for you to utilize this Website. If you elect to utilize certain aspects of this Website, we may ask you to provide us with certain items of personal information. When you order products or services, we may also ask you to provide us with your credit card number, expiration date, and authentication codes or related information. If you do not provide certain mandatory information for a particular activity that requires it, you will not be permitted to engage in that activity.
We may offer contests, sweepstakes, or other contests that will require you to sign up and provide additional Personal Information. In that case, we will collect the information provided along with your involvement in such activity. Additionally, we reserve the right to collect any other information that you voluntarily enter, including Personal Information, into any postings, comments, feedback, or forums on the Website.
We may, but are in no way obligated to, provide referral or “tell another” programs that allow you to recommend the site or an article to a friend. If you choose to do so, we will ask for your referral recipient’s name and email address. We will automatically send your friend one or more communications about either the product you have purchased or with an invitation for him or her to visit the Website. The communication will allow the referral recipient to unsubscribe from further communications. We will collect this information for the sole purpose of sending an invitation to visit the site, sending their product, and tracking the success of any referral program. We will also collect your email address and the full content of your email message, including attached files and other information you provide. We may use and display your full name and email address to your referral recipient. Additionally, we may use your email address to contact you about the status of your referral.
V. Cookies and Other Tracking Technologies
Cookies are small pieces of data contained in text files, which are stored on your computer or other device when websites are loaded in a browser.
Cookies. Trademark Engine utilizes cookies, web beacons, and other technologies to allow the Website to “personalize” itself for each user by remembering information about the user’s visit to the website. For instance, by using the cookies generated by Trademark Engine (“First Party Cookies”), your information is retained, so you do not have to continually log back into your account each time you move to a different page. First Party Cookies remain associated with you. However, no third party may use the information we collect through our First Party Cookies for their own purposes. Deletion of these cookies may result in limited functionality of the Website and associated services.
Third-Party Cookies. We work with third parties that place cookies on our Website. The third party cookies used on our website, the third party associated with the cookie, their use, countries the cookie may be transferred to, and the length of their retention may be viewed by selecting “Privacy Settings” on the footer of the Website.
Opting Out of Cookies and Other Tracking Technologies. See section XII.B for your rights regarding opting out of cookies.
VI. Collection of Anonymous Information
We use technology to passively collect and store certain information that is not tied to a specific identified user. This information is sufficiently de-identified according to the standards of applicable laws and will not be associated with an identifiable individual.
Should you be directed to any third-party site from the Website, we are not responsible for the acts of other sites, and this Privacy Policy does not apply to that site.
VII. Storage and Protection of Your Information
Location. Your Personal Information may be processed and stored outside of your jurisdiction where laws regarding processing of Personal Information may be less stringent than the laws in your country or state. Your Personal Information will not, however, be used or disclosed for purposes for which you have not given consent or which are not permitted under applicable law.
Protection. We have put in place safeguards to provide adequate protection for the storage and transfer of personal information, including the presence of an SSL certificate and other encryption protocol in accordance with applicable legal requirements.
Storage of Credit Card Information. When your credit or debit card account information is being transmitted through our Website, it will be protected by security protocols. Trademark Engine does not itself store your credit card or debit card account information, and we do not have direct control over or responsibility for your credit or debit card account information. We may continue to have access to your credit card information through third-party services for easy access in the event you decide to order more services from Trademark Engine. We do not otherwise store your credit card information ourselves.
Storage of Blockchain Records. Blockchain records generated by us are stored on the Hyperledger Fabric blockchain.
Disclaimer of Guaranty of Security. We believe we have taken reasonable steps to protect your Personal Information. No one can fully guarantee or fully eliminate all risks associated with Personal Information, and we make no such guarantees.
Retention. Unless there is something in this Policy to the contrary, we may retain your personal information for as long as your account is active and for a period of time thereafter to allow you to re-activate your account without loss of information. We may also retain your personal information as necessary to:
Maintain logs and business records for analysis, security, and/or audit purposes;
Comply with record retention requirements under the law;
Deal with any complaints regarding the Website; and
Comply with our legal obligations, protect or defend our rights, resolve disputes and enforce our contracts.
VIII. Use and Disclosure of Personal Information
General Use of Personal Information. We collect and process your personal information for the following purposes (“Purposes”) and, if you are from the European Economic Area (EEA), or the United Kingdom (UK), on the following legal bases:
Providing the services. We process your personal data to perform our contract with you for use of our services and the Website as described in our Terms of Service. In the event we have not entered into a contract with you, we process your personal information in reliance on our legitimate interest to operate the Website.
Authenticating your account credentials and identifying you. We process your personal data as necessary to log you into the Website and ensure the security of your account
Communicating with you. We process your personal information to communicate with you about your account or use of our services, products, and/or functionality; respond to, or follow up on, your comments and questions; and otherwise to provide customer service. We rely on our legitimate interests in providing the services.
Sending you marketing communications. We process your personal data to communicate with you about services or products offered by Trademark Engine, our Group Companies, or our business partners and other marketing communications that we believe you would be interested in, as permitted by law and in reliance upon our legitimate interests to support our marketing activities or when we receive consent from you.
Showing your purchases. We process your personal data to show you purchases that you made through the Website, applications, and for services of our Group Companies on your account page in reliance on our legitimate interest to provide services and maintain adequate records.
Authenticating your credit or debit card account information. We process your personal data to authenticate your credit or debit card account info in reliance on our legitimate interest to maintain the safety and security of the Website.
Protecting against, investigating, and deterring fraudulent, unauthorized, or illegal activity. We process your personal data to protect against unlawful activity in reliance of our legitimate interest to maintain the safety and security of the Website.
Creating anonymized information. We create anonymized information from your personal data which will be completely de-identified from your personal information in reliance on our legitimate interests.
Complying with our policies, procedures, and legal obligations. We process your data in accordance with our obligations to legal authorities, including complying with law enforcement or government authority requests, addressing litigation-related issues, and exercising rights or obligations conferred by law
As otherwise consented to by you and as required or permitted by applicable law. We may process your personal data in other ways if you give your consent to any further use of personal information, you can withdraw that consent at any time by contacting us using the details set out below.
You have choices about your personal information, and in some circumstances, you may have the right to opt out or object to our uses of your personal information for these Purposes. For more information or to exercise these or other rights (where available), see Section XII, Your Choices and Rights, below.
Electronic Communications. Consistent with the above Purposes and as is permitted by applicable law, we may communicate with you via electronic messages, including SMS, live chat platforms, and correspondence with the email address you provided to:
Send you information relating to our products and services, including receipts, updates, security alerts, support, and administrative messages.
Send you marketing communications. In other situations, subject to the Your Choice and Rights section below and applicable law, we may communicate with you about contests, offers, promotions, rewards, upcoming events, and other news about products and services offered by Trademark Engine, our Group Companies, and other business partners.
You can opt-in to receive SMS messages from Trademark Engine via a one-click confirmation through email or the customer web portal.
If you’d like to stop receiving SMS messages from Trademark Engine, you can let us know by replying STOP to any SMS message you receive from us. You can also opt out by emailing [email protected].com
Disclosure of Personal Information to Third-Parties. We do not sell your personal information. We disclose the personal information we collect (or otherwise generate or obtain) as follows:
With Our Group Companies. We share your information with our Group Companies. The purpose of disclosure to our Group Companies is to provide you with integrated services, such as mail receipt and registered agent services, to provide customer support, and to analyze how users use our independent and affiliated platforms. The use of the information by the Group Companies is subject to each of their respective Privacy Policies. We disclose the following categories of personal information with Group Companies:
Identifiers;
Other Personal Information; and
Commercial Information.
With Business Affiliates. We share information with other third-party business partners only with your express consent. We allow you to opt-in to third-party offers through our website. When you affirmatively opt in, we transmit only as much of your personal information as is necessary. We disclose the following categories of personal information with Business Affiliates:
Identifiers;
Other Personal Information; and
Commercial Information.
To protect our rights and property. We may disclose your information to third parties when we believe in good faith that disclosure is necessary to protect our rights, our property, the integrity of the Website, personal safety, or the interests of you or any other person, and to detect, prevent and/or otherwise address fraud, risk management, security, or technical issues. We may disclose the following categories of personal information to protect our rights and property:
Identifiers;
Other Personal Information;
Characteristics Protected Under Some Laws;
Commercial Information;
Internet Information; and
Audio and Visual Information.
To process payments. To use services on the Website, we require credit or debit card account information. When you submit your credit or debit card account information through our Website, we share that information with third-party payment processors and other third-party service providers (including, but not limited to, vendors who provide fraud detection services to us and other third parties) to the extent necessary to meet our contractual obligations to you, to meet our legitimate interests in preventing fraud and other misuse of our platforms, or with your consent where this is required by law. We disclose the following categories of personal information with third parties to process payments:
Identifiers;
Other Personal Information; and
Commercial Information.
With Third Party Service Providers. Your Personal Information may be disclosed to third-party service providers who work with us to provide some of the services on the Website and to help us communicate with you. Examples include, but are not limited to, sending emails, monitoring website usage, fulfilling your order if it requires providing the information you provided to us to others, marketing, and providing customer service. We expect our third-party service providers to not use such information except as necessary to provide the relevant services to us. We disclose the following categories of personal information with Third Party Service Providers:
Identifiers;
Other Personal Information;
Characteristics Protected Under Some Laws; and
Commercial Information.
In the event of a corporate transaction. We may disclose or transfer your information to a third party if we sell, transfer, divest, or disclose all or a portion of our business or assets to another company in connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction, or proceeding. We may disclose the following categories of personal information in connection with a corporate transaction;
Identifiers;
Other Personal Information;
Characteristics Protected Under Some Laws;
Commercial Information;
Internet Information; and
Audio and Visual Information.
To comply with and as required by law. We may disclose your personal information to government authorities or other relevant third parties in order to comply with applicable legal requirements, judicial proceedings, court orders, legal process, or lawful requests from governmental authorities. We may disclose the following categories of personal information to comply with and as required by law:
Identifiers;
Other Personal Information;
Characteristics Protected Under Some Laws;
Commercial Information;
Internet Information; and
Audio and Visual Information.
At your request. We also share your information as directed or requested by you or subject to your consent. We may disclose the following categories of personal information at your request:
Identifiers;
Other Personal Information;
Characteristics Protected Under Some Laws;
Commercial Information;
Internet Information; and
Audio and Visual Information.
In some circumstances, you may have the right to opt out or object to our sharing of your information with certain third parties. For more information or to exercise these or other rights, see Section XI. Your Choices and Rights below. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
Processing Bases and Consequences. When we process your personal information, we rely on the following legal bases:
Performance of the contract we have with you, such as using your information to carry out your entity formation by sharing your information with the applicable government office.
Compliance with legal obligations to which we are subject, such as tax obligations, and when we are obliged to comply with lawful requests from competent authorities such as law enforcement.
To serve our legitimate interests, provided that such processing does not outweigh your rights and freedoms. The processing may also be pursuant to other applicable legal bases for data processing. Anonymous Information. We also reserve the right to create Anonymous Information records from the Personal Information collected directly from you by excluding information that we believe in good faith prevents it from being directly identified to a specific user, such as your name. This would include any comments or feedback you provide us, which becomes our property, and we reserve the right to use any such material with your Personal Information redacted in perpetuity for any reason we deem appropriate, including, but not limited to, marketing and/or improvement of the Website, without royalties or compensation to you. Any such Anonymous Information is subject to terms of this Privacy Policy applicable to all Anonymous Information.
In some circumstances, you may have the right to opt out or object to our sharing of your information with certain third parties. For more information or to exercise these or other rights, see Section XI. Your Choices and Rights below.
Transfer of Data. The Site is hosted in, and all the services are provided in the United States. If you are located outside the United States, we request your consent to the transfer of your personal information to the United States. Although the laws of the USA do not provide legal protection that is equivalent to EU data protection laws, we take the steps necessary to ensure that your data is treated in accordance with this Privacy Policy.
We may transfer, and process, your personal data to service providers and other companies located in countries other than the one in which you reside. Where such transfer occurs outside of the EEA or UK, we will make sure an appropriate transfer agreement containing the requisite safeguards is put in place to protect your personal information.
IX. Use and Disclosure of Anonymous Information
This Privacy Policy does not limit our use or disclosure of any Anonymous Information in any way, and we reserve the right to use and disclose Anonymous Information to our partners, advertisers, and other third parties in our absolute discretion.
X. The Ability of Others to View Your Information
When you use the Website, certain information you post or provide on the publicly available portions of the Website may become publicly available and may be collected and used by others, including people outside of the control of the Website. We have no obligations with respect to any information that you post to publicly available parts of the Website.
XI. Third-Party Sites and Advertising
The Website may contain links to other sites that are not owned or controlled by Trademark Engine, LLC, such as links to review aggregate websites. We are not responsible for the privacy practices or the content of such other websites, and this Privacy Policy does not apply to any other sites. We make no representation regarding the privacy practices of any other sites, regardless of whether we advertise on those sites or provide a link to those sites from our Website.
XII. Your Choices and Rights
When you use the Website, certain information you post or provide on the publicly available portions of the Website may become publicly available and may be collected and used by others, including people outside of the control of the Website. We have no obligations with respect to any information that you post to publicly available parts of the Website.
Ability to Unsubscribe. Should you receive a promotional email from us, you may “opt out” of receiving additional promotional email communications from us by following the unsubscribe instructions on the emails. You may also contact us directly at Trademark Engine, LLC. This applies to promotional communications and not administrative communications we feel are necessary to provide the services on the Website.
Cookies.
Opting out of Cookies. Certain cookies used by Trademark Engine and placed on your browser are strictly necessary for the use of our website. Other cookies, related to marketing, functionality and analytics may be opted out of by clicking “Privacy Settings” on the footer of the Website. Opting out of certain cookies may impact the functionality of the Website.
Do Not Track Requests. We do not currently have a mechanism to respond to “Do Not Track Requests” at this time.
Sharing with Business Affiliates. We do not automatically share your personal information with third-party business affiliates without your consent, except for the disclosures we make necessary to provide the services of our Website. Disclosures to third-party business affiliates are only made through your affirmative actions by indicating on the Website that you are interested in third-party services. To prevent the disclosure of your personal information to these third-party business affiliates, do not opt-in for the service.
Access and Correction of Your Information. If you have created an online account with us and would like to update the information you have provided to us, you can access your account to view and update your information. You may also contact us as described in section XIV. Contact below.
Notice to California Residents. Residents of California have the following rights with respect to your personal information that we retain:
The right to request that we disclose to you the categories of personal information we have collected about you, specific pieces of personal information collected about you, the sources of that personal information, the commercial purpose of collecting your personal information, and the categories of third parties that personal information is disclosed to. You also have the right to direct us to disclose the personal information to another entity.
The right to request that we delete any personal information about you which we have collected from you. We may deny this request if the personal information is necessary to complete a transaction, detect security incidents, debug products, exercise free speech, comply with the California Electronic Communication Privacy Act, engage in research for public benefit, enable internal uses aligned with consumer desires, or comply with legal obligations;
The right to request that we correct any inaccurate personal information we have about you;
The right not to be discriminated against for exercising your consumer rights.
We do not sell your personal information. We do not share your personal information for the purposes of cross-context behavioral advertising. If we begin to sell your personal information or share your personal information for the purposes of cross-context behavioral advertising in the future, California residents will be able to opt out of the sale or sharing of their personal information. Any resident of California may exercise their rights by submitting a request on our Data Privacy Request Form. You may also email a request to [email protected]. Your request will not be processed until your identity has been verified.
Notice to Residents in the EEA and the UK. Residents in the EEA and the UK have the following rights with respect to your personal information that we retain:
The right to correct, update or request deletion of your personal data;
The right to object to processing of your personal data;
The right to ask us to restrict processing of your personal data;
The right to request portability of your personal data;
If we have collected and process your personal data with your consent, then you have the right to withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal data conducted in reliance on lawful processing grounds other than consent;
The right to complain to a data protection authority about our collection and use of your personal data. For more information, please contact your local data protection authority.
Any resident of the EEA or UK may exercise their rights by submitting a by submitting a request on our Data Privacy Request Form. You may also email a request to [email protected]. So that we can better process your request, please provide the email you use to log into your account and the country where you reside in your request. Trademark Engine’s representative in the EU is: activeMind.legal Rechtsanwaltsgesellschaft m. b. H Potsdamer Straße 3 80802 Munich, Germany Phone: +49 (0) 89 / 919 29 49 00 E-mail: [email protected] Trademark Engine’s representative in the UK is: activeMind.legal UK Ltd. No 1 Royal Exchange London, EC3V 3DG, UK Phone: +44 20 89383608 E-mail: [email protected]
Legal Rights. We do not automatically share your personal information with third-party business affiliates without your consent, except for the disclosures we make necessary to provide the services of our Website. Disclosures to third-party business affiliates are only made through your affirmative actions by indicating on the Website that you are interested in third-party services. To prevent the disclosure of your personal information to these third-party business affiliates, do not opt-in for the service.
If you wish to exercise legal rights you may have under applicable law; please submit a request on our Data Privacy Request Form. You may also email a request to [email protected]. So that we can better process your request, please provide the email you use to log into your Trademark Engine account. If you do not have a Trademark Engine account, please provide the email you used to make requests or to use our Website.
XIII. Revisions
This Privacy Policy is subject to occasional changes at our discretion. We will post any such changes to this page and may otherwise post other alerts on the Website or communicate such changes through email. If you disagree with any such changes, please cease using the Website. Continued use following the posting of any such changes indicates your acceptance of the changes. If we make any changes to this Privacy Policy that materially impact previously collected personal information about you, we will make reasonable efforts to provide notice and obtain consent to any such changes as may be required by law.
XIV. Minors
Minors under the age of 16 may not use the Website. We do not knowingly collect information from children under 16 years of age. Additionally, we recommend that users between the ages of 16 and 18 ask their parents for permission before sending any information about themselves to anyone over the Internet. If you become aware your child or any child under your care has provided us information without your consent, please contact us according to section XIV. Contact below.
XV. Contact
If you have any questions or concerns about this Policy or the way in which your personal information is used, please contact us at [email protected].
Trademark Engine provides information and software only. Trademark Engine is not a "lawyer referral service" and does not provide legal advice or participate in any legal representation. Use of Trademark Engine is subject to our Terms of Service and Privacy Policy.
