From 26 July 2022

 

Privacy Notice

 

The Privacy Notice (hereinafter –  “Notice”), describes KOVINYA Consulting’s approach to processing individuals personal data who use the https://KOVINYA.Consulting and/or intend to receive KOVINYA Consulting Services. The Notice defines the grounds, term and purposes for the personal data processing. The Notice applies to the relationship between the private individual and KOVINYA Consulting. Additionally, the Notice contains provisions to ensure the confidentiality of personal data and information received by KOVINYA Consulting from the User.

 

DEFINITIONS

 

Person-Entrepreneur Nataliia Anatoliivna Kovinia, Person-Entrepreneur Mykola Viktorovych Kovinya (hereinafter – “KOVINYA Consulting”) specializes in providing services in the field of intellectual property law. KOVINYA Consulting is a registered trademark in the State Register of Marks for goods and services.

 

‘Services’ means services in the field of intellectual property (IP), including, but not limited to the legal protection of trademarks, inventions, utility models, industrial designs, copyright objects, etc. (IP objects)in Ukraine and other countries; services related to consulting by KOVINYA Consulting specialists as to the possibility of protection of an idea, technical solution, design, other results of intellectual activity as an IP object; services related to other issues in IP sphere, in particular, contractual relations regarding the IP objects (license agreements, franchising etc.), protection of IP rights in court and other state authorities, filing cease and desist letters, protection of IP rights at customs etc. Services are provided in accordance with the agreement signed with the private individual.

 

‘User’ means any legally capable natural person (‘data subject’), who intends to receive the Services and/or receives the Services and/or uses the website https://KOVINYA.Consulting.

 

‘personal data’ means any information relating to an identified or identifiable natural person.

 

‘confidential information’ means information and data that the User provides to KOVINYA Consulting related to the use of the paid/free services from KOVINYA Consulting, in particular:

 

trade secrets, which is information that is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question, therefore has commercial value and has been subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it secret;

 

any and all ideas, improvements, inventions, methodologies, works, and other innovations of any nature, which were invented, devised, developed, designed, produced, or embodied by the User who communicates them, whether they are subject to copyright, patent, trademark, trade secret, or any other legal protection (including, without limitation, patent claims, processes, databases, mechanical and electronic equipment, electronic assemblies, computer hardware and components, computer software, etc.)

 

PERSONAL DATA. PURPOSES AND GROUNDS FOR PERSONAL DATA PROCESSING

 

1. KOVINYA Consulting, for the purpose of providing the Services and/or during the provision of the Services, may process the following personal data of the User:

 

first, middle and last name;

 

passport details (in particular passport series, number, issuing authority, date of

 

issue and/or identification code);

 

date of birth;

 

e-mail address;

 

telephone number;

 

metadata (e.g. date, time when the person called KOVINYA Consulting, cookies);

 

any other data that the User provides voluntarily.

 

2. KOVINYA Consulting processes the personal data of Users on the following legal grounds:

the conclusion and execution of an agreement to which the User is a party or which is entered into for the benefit of the User or to carry out activities preceding the conclusion of the agreement at the request of the User, in particular, those related to the provision of the Service;

the data subject has given consent to the processing of his or her personal data for one or more specific purposes, in particular in the case of direct marketing;

the need to protect the legitimate interests of KOVINYA Consulting or of the third party to whom the personal data is transferred, in particular for the purpose of employment, to improve KOVINYA Consulting’s services.

 

3. KOVINYA Consulting processes Users’ personal data for the following purposes:

 

providing services;

 

entering information into the customer database for communication purposes;

 

sending marketing information (newsletters, congratulations, marketing messages concerning the services);

 

fulfillment of the duties entrusted to KOVINYA Consulting under the national and international law;

employment;

 

analyzing the traffic on the website (by means of cookies) and improving the KOVINYA Consulting website.

 

4. KOVINYA Consulting is the controller and processor of the User’s personal data.

 

5. In certain cases, in particular, when personal data is used for direct marketing purposes, KOVINYA Consulting uses such data on the ground of the User’s informed and freely given consent, which may be given:

 

in writing, in a agreement with KOVINYA Consulting for the provision of Services;

 

electronically, when using the KOVINYA Consulting website on the relevant page, by ticking the relevant “checkbox”.

 

USER RIGHTS

 

6. Users has the right:

to know about the sources of collection, the location of their personal data, the purposes and grounds for data processing, the location of KOVINYA Consulting;

 

to receive information about the conditions of access to personal data, including information about third parties to whom personal data is transferred;

 

to access to their personal data;

 

to object to processing of his/her personal data;

 

to request the modification of their personal data by sending an appropriate request to KOVINYA Consulting via the email address indicated in the Contacts section;

 

to make a restriction as to the processing of personal data when giving consent or by sending an appropriate request to KOVINYA Consulting via the email address indicated in the Contacts section;

 

to withdraw consent for the processing of personal data by sending an appropriate request to KOVINYA Consulting via the email address indicated in the Contacts section;

 

to erasure (‘right to be forgotten’);

 

to unsubscribe from receiving KOVINYA Consulting email newsletters and other marketing materials. To do this, it is necessary to follow the instructions specified in the e-mail received by the User from KOVINYA Consulting.

 

TRANSFER OF PERSONAL DATA

 

7. When necessary, personal data may be disclosed by KOVINYA Consulting in order to support KOVINYA Consulting’s activities and to fulfill the purpose of processing personal data to such third parties:

translators, forensic experts and/or specialists, lawyers and/or patent attorneys and/or attorneys at law, including those operating within the jurisdiction of other countries;

 

offices and other public authorities of Ukraine and other countries;

 

third parties that perform KOVINYA Consulting customer traffic analysis for KOVINYA Consulting, for example, Google Analytics.

 

8. This list is not exhaustive and, if necessary, may be expanded solely for the purpose of providing KOVINYA Consulting services, about which KOVINYA Consulting notifies the User.

PROCESSING OF PERSONAL DATA. KOVINYA Consulting RIGHTS.

 

9. KOVINYA Consulting is processing Users’ personal data by automated means; personal data is kept in electronic form on the website, in CRM-system and on computers in the form of Excel files with extension .xls or .xlsx, access to which only authorized KOVINYA Consulting employees has at the location of KOVINYA Consulting office: 150A, Zabolotnogo Str., Suite 14, Kyiv, Ukraine, 03143.

 

10. KOVINYA Consulting retains and processes personal data as long as it is necessary to fulfill the purposes defined in the Notice or until a request to delete personal data is received.

 

KOVINYA Consulting has the right to:

 

collect personal data received from Users and process it for the purposes and on the grounds defined in the Notice;

 

accumulate and systematize personal data;

 

transfer personal data to third parties not listed in paragraph 7 of the Notice (in this case, the User is further notified of the purpose and duration of processing);

 

provide access to personal data without User’s consent in cases provided by the legislation of Ukraine;

 

make changes to or delete personal data upon receipt of Users’ requests, letters or demands,

make changes in this Notice;

 

other rights provided by the legislation of Ukraine.

 

REQUEST. DELETION AND MODIFICATION OF PERSONAL DATA

 

11. If necessary, any User may e-mail NATALIIA(at)KOVINYA.COM to make changes to their personal data, to request information about its processing, to send requests for other issues related to the processing of personal data. In the case of the consent withdrawal and personal data removal, the User may request so by e-mailing NATALIIA(at)KOVINYA.COM. In the case of a notice of consent withdrawal and removal of personal data, KOVINYA Consulting undertakes to remove such data within 30 days after the identification of the User.

 

12. In the case of a request as provided in paragraph 11 of the Notice, KOVINYA Consulting has the right to contact the User by telephone or by e-mail in order to carry out such identification, if necessary, in order to confirm the User’s actions outlined in paragraph 11 of the Notice.

 

13. In case of personal data processing termination due to withdrawal of the User’s consent, KOVINYA Consulting may cease to provide the Services to the User (or not to start providing them) if it is impossible without such processing. At the same time, KOVINYA Consulting shall not be liable for the termination of the Services, unless otherwise provided by mutual consent of KOVINYA Consulting and the User, expressed in writing.

 

USE OF COOKIES

 

14. KOVINYA Consulting uses cookies to record the type of browser and operating system, the page from which the User came to the current page, the path through the pages on this website, the domain of the Internet service provider in order to understand how Users use the website. KOVINYA Consulting uses cookies to track User settings and preferences. Cookies are also used to improve the navigation of the website and to tailor information that is more relevant to the User.

 

15. KOVINYA Consulting encourages all website Users to make sure that their browser settings match their desire to accept cookies or not. The User may set the browser to warn before accepting cookies or to reject them immediately. Accepting cookies is not a prerequisite for navigating and using the KOVINYA Consulting website.

 

CONFIDENTIALITY NOTICE. WARRANTIES

 

16. In the process of receiving KOVINYA Consulting’s paid/free services, the User has the right to provide KOVINYA Consulting with information and data constituting confidential information. Such information may be provided both online and in any medium or verbally.

 

17. A detailed list of information constituting confidential information, other than those specified in the Notice, rules of operation and ensuring the regime of protection of confidential information may be agreed upon by mutual consent of KOVINYA Consulting and the User in writing.

 

18. Privacy Notice provides for the following obligations of KOVINYA Consulting:

the obligation not to disclose (transfer) in any way Confidential Information to third parties in cases not covered by the Notice;

the obligation to comply with the regime of protection of confidential information by providing organizational, technical means, limiting access to confidential information of third parties, provided by the legislation of Ukraine;

the obligation to use Confidential Information solely for the provision of appropriate services to the User;

 

the obligation to remove or to return to the User all or part of the Confidential Information within a reasonable period after the provision of the relevant services, if KOVINYA Consulting receives a written request from the User to do so.

 

19. KOVINYA Consulting warrants that its employees will maintain complete confidentiality, that is, not disclose Confidential Information to any third party in any way, and use Confidential Information only for the purpose of providing KOVINYA Consulting’s relevant services to the User and the results of the services, whether such information is disclosed voluntarily or is otherwise obtained by KOVINYA Consulting as a result of providing services to the User, unless such information is made publicly available at the User’s option.

 

20. Due to the fact that in order to provide KOVINYA Consulting services, in some cases, Confidential Information must be disclosed to third parties, the manner and grounds for such disclosure are agreed in advance with the User, in particular through e-mail correspondence or other acceptable means, which may indicate that the User has conclusively provided such consent (such as the User providing relevant information or continuing e-mail correspondence with KOVINYA Consulting in response to an KOVINYA Consulting request/e-mail about the need to to provide such information to foreign patent attorneys for their use in the proceedings before a foreign patent office) (hereinafter, the Agreed Disclosure).

 

21. The Agreed Disclosure may be related to the Services provided to the User and relating, in particular, but not exclusively, to the obtaining of legal protection in the IP sphere, enforcement of rights in the IP sphere, protection of rights and legitimate interests in the IP sphere both in Ukraine and abroad, when Confidential Information may be fully or partially provided to third parties that provide services necessary for KOVINYA Consulting activities and their provision of services to the User, which include

 

translators, forensic experts and/or specialists, lawyers and/or patent attorneys and/or attorneys at law, including those operating within the jurisdiction of other countries and the like;

agencies and other public authorities of Ukraine and other countries.

 

22. The Agreed Disclosure may take place, for example, in case of the need to provide U.S. patent attorneys to respond to a provisional refusal of the U.S. Patent and Trademark Office to register the User’s trademark, if necessary to order expert p[inion within litigation, to represent the User by an attorney at law of foreign jurisdiction before the judicial authorities of another country, etc.

 

23. If it is necessary to make an Agreed Disclosure of Confidential Information to private parties (law firms, patent attorneys, foreign attorneys, etc.), KOVINYA Consulting undertakes to provide such information and impose confidentiality obligations on such parties to the extent required by the relevant Services.

 

24. If the User fails to provide consent/prohibit the Agreed Disclosure of Confidential Information which makes it impossible for KOVINYA Consulting to provide the Services, KOVINYA Consulting is not responsible for the failure to provide the Services, including any loss to the User which may occur in connection therewith.

 

25. Disclosure of Confidential Information without the prior consent of the User is permitted only when such disclosure is required by the provisions of the legislation of Ukraine, in particular, when such disclosure is related to obtaining official permits, documents for the provision of services, or compliance with the legislation of Ukraine. According to the legislation of Ukraine the Confidential Information shall not be disclosed/provided without the User’s consent in response to the attorneys’ inquiries, requests or demands of the law enforcement authorities and other public authorities or their officials except for those having the respective powers explicitly provided by the legislation of Ukraine.

 

26. KOVINYA Consulting is not responsible for disclosure of confidential information if such disclosure was caused by intentional or accidental actions of the User or third parties.

 

27. The obligations set forth in this Section shall be valid for three years from the moment the User provides KOVINYA Consulting with the relevant Confidential Information unless otherwise established by mutual consent of KOVINYA Consulting and the User in writing.

 

28. User’s provision of Confidential Information does not transfer any intellectual property rights. Transfer of Confidential Information does not constitute a grant of any right to use it for any purpose other than the provision of the paid/free KOVINYA Consulting services.

 

OTHER PROVISIONS

 

29. Any disputes that may arise between the User and KOVINYA Consulting about the relationship to which the provisions of this Notice apply shall be resolved in accordance with the legislation of Ukraine. The User has the right to contact KOVINYA Consulting for a pretrial dispute resolution by e-mailing NATALIIA(at)KOVINYA.COM, or by sending a letter to the address: POBox 44, Kyiv, Ukraine, 03148.

 

30. If the User has any questions or comments about this Notice, the User may seek for advice or clarification from KOVINYA Consulting by e-mailing NATALIIA(at)KOVINYA.COM.

31. This Notice may be updated in the future to comply with national and international laws regulating the protection of personal data. In the event of significant changes to the provisions, KOVINYA Consulting will send an email about such changes before they take effect.

 

32. KOVINYA Consulting Legal Information:

Person-Entrepreneur Nataliia Anatoliivna Kovinia – 40-5A, Heroiv Kosmosu Str., Kyiv, Ukraine, 03148 (identification code of the legal entity: 2839214323)

Person-Entrepreneur Mykola Viktorovych Kovinya – 462-6, Trostianetska st., Kyiv, Ukraine, 02091 (identification code of the legal entity: 2839214323).