Access Advance LLC
GDPR & Privacy Shield Notice
Effective Date: 2 October 2020
GDPR Privacy Notice
Controller Disclosure & Details: We are a data controller of personal data regarding the following categories of EEA Individuals: Individuals that have yet to enter into, or have entered into, a Patent Portfolio License Agreement administered by Access Advance (our “License Agreement”), including those that visit our Site, (collectively, prospective or current “Licensees”) and vendor contacts (“Business Contacts”) for the purposes and under the legal bases described in the table below.
|Data Subject Category||Purpose & Legal Basis of Processing|
|General (applies to all data subjects below)||Information Security: Our web servers will log your IP address and other information (e.g., browser information, operating system, request date/time, user agent string, referral and exiting URL) in order to maintain an audit log of activities performed. We use this information pursuant to our legitimate interests in tracking Site usage, combating DDOS or other attacks, and removing or defending against malicious visitors on the Site.|
|Licensees||Patent Portfolio Licensing: Where a prospective Licensee would like to request or enter into one of our License Agreements or otherwise is believed to require a license under local patent laws, we shall process all personal data pursuant to (a) our, and our clients’, legitimate interest in administering our licensors’ patent rights and to (b) take appropriate steps to enter into such License Agreement or for the performance of such License Agreement. |
Compliance with Applicable Law: We will process personal data as needed to fulfill our legal obligations, such as our obligations relating to tax, accounting, finance, and for the establishment, exercise, or defense of legal claims (whether in-court proceedings or in an administrative or out-of-court procedure), such as by contacting prospective Licensees to license the patents for which we serve as administrator.
General Business Development: Our legitimate interest in furthering relationships with our prospective and current Licensees (such as by storing information regarding our prospective and current Licensees within a CRM or other database or file), ensuring prospective and current Licensee satisfaction, and answering inquiries regarding one of our License Agreements or Portfolios.
Audience Measurement: Our legitimate interest in use of Google Analytics to understand how prospective and current Licensees interact with the Site at a high level (e.g., page views, bounce rates, country location).
|Business Contacts||Vendor Contacts: When entering into vendor relationships, we will receive the personal information of contacts employed or otherwise associated with such vendors. We process such information in our legitimate interest in establishing and developing our vendor relationships.|
Controller’s Representative: Our representative in the European Union is:
Große Bleichen 21
Recipients: Access Advance personnel shall receive and process your personal data for the purposes described herein. Personal data is also disclosed to the following categories of recipients to effectuate the purposes described herein:
- Back office administration and registration services for licensees (Netherlands)
- Customer relationship management database (US)
- Cloud-based data hosting provider (US)
- Managed IT service (US)
- Marketing consultancy (US)
- Analytics provider (US)
- Legal services (e.g., law firms) (US and EU)
Retention: Access Advance retains your personal data as necessary to fulfill the purposes set forth within this Notice. Given the nature of our services, much of our stored personal data relates to resolving a legal liability, performing or entering into contractual documentation, or otherwise complying with applicable law, and thus needs to be retained indefinitely. Where data is no longer relevant for these purposes (or validly requested for deletion), it will no longer be retained.
Your GDPR Rights: As a natural person, you have a right to: (i) request access to, correction, and/or erasure of your personal data; (ii) object to processing of your personal data; (iii) restrict processing of your personal data; and (iv) request a copy of your personal data, or have a copy thereof sent to another controller, in a structured, commonly used and machine readable format under the right of data portability. You may request these rights by contacting: email@example.com with the subject line “GDPR Notice.”
You also have the right to lodge a complaint about the processing of your personal data with an appropriate data protection authority.
Contact details for the EU data protection authorities can be found at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
Objecting to Legitimate Interest/Direct Marketing: You may object to personal data processed pursuant to our legitimate interest. In such case, we will no longer process your personal data unless we can demonstrate appropriate overriding legitimate grounds for the processing or if needed for the establishment, exercise, or defense of legal claims. In such case, your personal data will no longer be used for that purpose.
Transfer of Personal Data outside the EEA: To address transfer of your personal data to the United States, we may rely on one of the following: (i) appropriate Standard Contractual Clauses to ensure adequate protection for your personal data, (ii) the derogations under Article 49(1)(b) and (1)(c) for performance of our contracts with you or to execute a contract in your interest with another entity/person, respectively, or (iii) any other valid transfer mechanisms, appropriate safeguards or exceptions under applicable law in effect at the time of such transfer. Additionally, we are self-certified under the EU-US and Swiss-US Privacy Shield; you may have specific rights under the Privacy Shield as described below.
Disclosure to Public Authorities: Access Advance may be required to disclose personal data in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements. We may also disclose personal data to other third parties when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas.
Corporate Restructuring: In the event of a merger, reorganization, dissolution or similar corporate event, or the sale of all or substantially all of our assets, we expect that the information that we have collected, including personal data, would be transferred to the surviving entity in a merger or the acquiring entity. All such transfers shall be subject to our commitments with respect to the privacy and confidentiality of such personal data as set forth in this GDPR Notice. This GDPR Notice shall be binding on Access Advance and its legal successors in interest.
Updates to this GDPR Notice: If, in the future, we intend to process your personal data for a purpose other than that which it was collected, we will provide you with information on that purpose and any other relevant information at a reasonable time prior to such processing. After such time, the relevant information relating to such processing activity will be revised or added appropriately within this GDPR Notice, and the “Effective Date” at the top of this page will be updated accordingly.
How to Contact Us: Please reach out to firstname.lastname@example.org for any questions, complaints, or requests regarding this GDPR Notice; please include the subject line “GDPR Notice.”
E.U.-U.S. and Swiss-U.S. Privacy Shield Notice
Important Notice for Residents of the European Economic Area or Switzerland:
Opt-In and Opt-Out to Certain Onward Transfers under the Privacy Shield: We may transfer your personal information to a third party controller, but you may opt-out of such transfer by sending us an email at to email@example.com, with the subject line, “Privacy Shield.” In certain cases, such as where required for legal claims, we may be required to transfer such information.
We will not disclose your sensitive personal information to any third party without first obtaining your opt-in consent. You may grant such consent by contacting us at firstname.lastname@example.org, with the subject line, “Privacy Shield”.
In each instance, please allow us a reasonable time to process your response.
Disclosure to Public Authorities: We are required to disclose personal information in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements. We may also disclose personal information to other third parties when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas.