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PRIVACY POLICY

I. Introduction

This Privacy Policy outlines the practices of Trademark Novelty (the “Website”) and its managing entity, Trademark Novelty, LLC (referred to collectively as “we” or “us”), concerning the collection, usage, and disclosure of personal information you provide while using the Website.

Trademark Novelty operates as part of a network of companies under a common ownership structure (collectively known as “our Group Companies”). Occasionally, we may obtain personal information from our Group Companies and may also share personal information with them.

II. User Consent

By accessing or using the Website in any manner, you accept the terms of this Privacy Policy, which is incorporated into and constitutes a part of the Website's Terms of Service. You explicitly agree to the processing and use of your information as described in this policy.

III. Types of Information Collected

“Personal information” refers to data that identifies or can be linked directly or indirectly to you, including details that relate to you, can describe you, or may be used to contact you. Within the context of this Policy, there is no significant distinction between “personal information” and “personal data.”

As you navigate or use our Website or interact with us, we gather various categories of personal information, including:

  • Identifiers: This includes names, nicknames, online identifiers, company names, email addresses, physical addresses, and IP addresses.
  • Other Personal Information: This encompasses phone numbers, account details, passwords, credit card information, and other payment data needed for certain services on the Website. We also gather text-based messages for customer support, responses to surveys we provide, and other information you disclose about yourself or others while using our Services. Additionally, we use blockchain technology to maintain a permanent, time-stamped record of your trademark use when you submit relevant information to us. Such records are stored on the Hyperledger Fabric blockchain.
  • Protected Characteristics: Information such as citizenship status, which is protected under specific laws.
  • Commercial Information: Details regarding products or services you have acquired through the Website.
  • Internet Information: This includes account settings, user agent identification strings related to your device (which detail hardware and software information), details about your searches or interactions with features on our Website, sites or pages visited, access times, referring/exit pages, clickstream data, and the performance of our services.
  • Audio and Visual Information: This may include recordings of calls made by you to our customer support and visual recordings of your interactions with the Website.

You have the option to withhold certain personal information mentioned above. However, it is important to note that many of our services require specific personal information to function. Therefore, if you choose not to provide the necessary information for a specific service or feature, you may be unable to use that service or feature.

We do not actively collect sensitive personal information, such as health data, political views, religious beliefs, or genetic information.

IV. Collection of Personal Information

We gather personal information that you voluntarily provide to us through the Website, chat, or over the phone, including:

  • Identifiers
  • Other Personal Information
  • Protected Characteristics
  • Commercial Information
  • Internet Information
  • Audio and Visual Information

As you interact with our Website, we may generate specific personal information about you through automatic data collection. This includes information about your engagement with the Website or any communications you receive (like emails) using technologies such as cookies, web beacons, third-party platforms, and other tools. Specifically, we may generate or instruct third-party service providers to generate the following types of personal information about you:

  • Identifiers
  • Other Personal Information
  • Commercial Information
  • Internet Information

When you opt for our services through a platform operated by one of our Group Companies, we may receive the following categories of personal information:

  • Identifiers
  • Other Personal Information
  • Commercial Information

Additionally, we obtain some personal information from third-party service providers after you instruct us to seek services on your behalf. The categories of personal information we may receive from third-party service providers upon your consent include:

  • Identifiers
  • Other Personal Information

Utilizing this Website is optional. If you decide to take advantage of certain aspects of this Website, we may request specific items of personal information. When you place an order for products or services, you may also need to provide your credit card number, expiration date, and authentication codes or related information. If you do not supply certain mandatory information required for a particular activity, you will not be able to engage in that activity.

We may host contests, sweepstakes, or similar events that require you to sign up and furnish additional personal information. In such cases, we will collect the information you provide as part of your participation in that activity. We also retain the right to gather any other information you voluntarily submit, including personal information in posts, comments, feedback, or forums on the Website.

Furthermore, we might provide referral programs allowing you to recommend the Website or a particular article to a friend. If you choose to utilize this feature, we will ask for your referral recipient’s name and email address. We will automatically send your friend communications regarding either the product you purchased or an invitation for them to visit the Website. These communications will enable the referral recipient to opt-out of future messages. We will collect this information solely for the purpose of sending an invitation, delivering their product, and monitoring the success of any referral program. We will also gather your email address and the complete content of your email message, including any attached files and other information you provide. Your full name and email address may be displayed to your referral recipient, and we may use your email address to keep you informed about the status of your referral.

V. Cookies and Other Tracking Technologies

Cookies are small data files stored on your computer or device when you load websites in a browser.

Cookies. Trademark Novelty employs cookies, web beacons, and similar technologies to personalize the Website for each user by remembering information about your visits. For example, using the cookies generated by Trademark Novelty (“First Party Cookies”), we retain your information so that you do not need to log back into your account each time you switch to a different page. First Party Cookies are linked to you, and third parties cannot utilize the information collected through these cookies for their purposes. Removing these cookies may limit the Website's functionality and associated services.

Third-Party Cookies. We collaborate with third parties that place cookies on our Website. You can view the third-party cookies used on our site, their associated parties, their purpose, the countries to which the cookies may be transferred, and their retention periods by selecting “Privacy Settings” in the footer of the Website.

Opting Out of Cookies and Other Tracking Technologies. Please refer to section XII.B for information regarding your rights related to opting out of cookies.

VI. Collection of Anonymous Information

We utilize technology to passively collect and store certain information that is not linked to a specific identifiable user. This information is sufficiently anonymized in accordance with applicable legal standards and will not be associated with any identifiable individual.

If you are directed to a third-party site from our Website, we are not liable for the actions of those other sites, and this Privacy Policy does not apply to them.

VII. Storage and Protection of Your Information

Location

Your personal information may be processed and stored outside your jurisdiction, where laws regarding the processing of personal information may be less stringent than those in your country or state. However, your personal information will not be used or disclosed for purposes for which you have not provided consent or which are not permitted under applicable law.

Protection

We have implemented safeguards to provide adequate protection for the storage and transfer of personal information, including the use of SSL certificates and other encryption protocols as mandated by applicable legal requirements.

Storage of Credit Card Information

When your credit or debit card information is transmitted via our Website, it will be safeguarded by security protocols. Trademark Novelty does not store your credit or debit card account information directly and does not have direct control over or responsibility for it. We may continue to access your credit card details through third-party services for convenience should you decide to order additional services from Trademark Novelty. We do not store your credit card information ourselves.

Storage of Blockchain Records

Records generated by our blockchain activities are stored on the Hyperledger Fabric blockchain.

Disclaimer of Security Guarantees

While we believe we have taken reasonable measures to protect your personal information, no system can guarantee complete security, and we do not make any such guarantees.

Retention

Unless otherwise stated in this Policy, we may keep your personal information for as long as your account is active and for a time thereafter to allow reactivation of your account without information loss. Additionally, we may retain your personal information as needed to:

  • Maintain logs and business records for analysis, security, or audit purposes.
  • Comply with legal record retention requirements.
  • Address any complaints concerning the Website.
  • Meet our legal obligations, safeguard our rights, resolve disputes, and enforce our contracts.

VIII. Use and Disclosure of Personal Information

General Use of Personal Information

We gather and process your personal information for various purposes (collectively referred to as “Purposes”) and, for individuals in the European Economic Area (EEA) or the United Kingdom (UK), based on the following legal grounds:

Provision of Services

Your personal data is processed to fulfill our contract with you concerning the use of our services and the Website as outlined in our Terms of Service. If no contract exists, we rely on our legitimate interest in operating the Website to process your information.

Account Authentication and Identification

We process your personal information to log you into the Website securely and ensure the protection of your account.

Communication

Your personal data is processed to facilitate communication regarding your account and the services, products, or functionalities we provide; to address and respond to your inquiries; and to deliver customer support. Our legitimate interests guide this processing.

Marketing Communications

We utilize your personal data to inform you about services or products from Trademark Novelty, our affiliated companies, or our business partners, as well as other marketing messages we believe may interest you, consistent with legal permissions and our legitimate interest in supporting marketing activities, or with your consent.

Display of Purchases

Your personal information is processed to show purchases made through the Website, applications, and services of our affiliated companies on your account page, based on our legitimate interest in providing services and maintaining proper records.

Credit/Debit Card Authentication

We process your personal data to validate your credit or debit card information, relying on our legitimate interest in ensuring the Website's safety and security.

Fraud Prevention and Investigation

We process your personal information to guard against, investigate, and prevent fraudulent, unauthorized, or illegal activities, relying on our legitimate interest in maintaining the Website's security.

Anonymized Information Creation

We generate anonymized data from your personal information, which is entirely de-identified and processed based on our legitimate interests.

Legal Compliance and Obligations

We process your data in compliance with our obligations to legal authorities, including responding to requests from law enforcement or government agencies, addressing litigation-related matters, and exercising rights or obligations as required by law.

Consent-Based Processing

Your personal data may be processed in other manners if you provide explicit consent for further use. You can withdraw consent at any time by contacting us through the details provided below.

You have options regarding your personal information, and in certain instances, you may possess the right to opt out or contest our uses of your personal information for these Purposes. For additional details or to exercise these or other rights (where applicable), please refer to Section XII, Your Choices and Rights, below.

Electronic Communications

In line with the above Purposes and as permitted by law, we may reach out to you via electronic channels, including SMS, live chat platforms, and emails you provided, to:

  • Share information about our products and services, including receipts, updates, security alerts, support, and administrative notices.
  • Communicate marketing information. In some cases, and subject to the Your Choices and Rights section below and applicable laws, we may inform you about contests, promotions, rewards, upcoming events, and news regarding products and services offered by Trademark Novelty, our affiliated companies, and other business partners.

You can opt in to receive SMS communications from Trademark Novelty through a one-click confirmation via email or on the customer web portal.

To stop receiving SMS messages from Trademark Novelty, reply with STOP to any SMS you receive, or email us at support@trademarknovelty.com.