Legal Disclaimers: Consent & Standard Terms, Privacy

image1

Consent to the Electronic Delivery of Insurance Notices, Policies and Documents

Thank you for using the Intellectual Property Insurance Services Corporation (“IPISC”) on-line Premium Estimate Request and Application process. In order to transact business electronically with IPISC, including receiving current and future insurance related documents electronically, you must provide IPISC and its authorized designees and agents, with your consent to deliver information to you electronically by clicking the I AGREE button below. 

The words “we”, “us”, and “our” mean IPISC, its affiliates, subsidiaries, parent companies, and companies through which you are seeking insurance. 

The words “you” and “your’ means you, the individual or entity, who desires to transact business with us.

Conditions

With your consent, all notices and documents concerning your insurance will be delivered by us to an email address that you have provided to us. You must keep us informed of any changes to your email address(es) and all other contact information by contacting us at info@ipisc.com or by calling (800) 537-7863.

Notifications will be considered delivered to you upon our transmission of an email to the email address that you have provided to us. 

We reserve the right to stop electronic delivery of documents and notices and revert back to mailing documents and notices to you in paper form at any time and for any reason. 

Withdrawing Consent

You are entitled to withdraw your consent to receive notices and documents electronically at any time by sending written notification to us at info@ipisc.com or by mail delivered to 9720 Bunsen Parkway, Louisville, Kentucky 40299.  There are no fees associated with withdrawing your consent. 

Requesting Paper Copies

You may receive a paper copy of any electronically delivered document or notice at no additional charge. To receive a paper copy, please contact your insurance agent, or email your request to info@ipisc.com, or call (800) 537-7863.

Hardware and Software Requirements

To access and retains the forms and documents sent to you electronically from us, you must have access to a computer with an internet connection. You must have a valid email address to send and receive emails, and be able to save the forms and documents for later retrieval, or have the computer connected to a printer so that you can print out the forms and documents. 

By clicking the “I Agree” button below, you hereby give your voluntary consent to electronically receive from us all documents and notices concerning your insurance to the extent allowed by law, including policy documents, quotes, billing statements, updates, notices of nonrenewal and cancellation. Specifically, by accepting this Consent, you are providing IPISC and it authorized designees, principals and agents with your consent:

1. To have information relating to the Policy and insurance products made available to you electronically;

2. To submit electronically request related to the insurance policies; and

3. To all the terms and conditions of this Consent.

By clicking the “I Agree” button, you confirm that you are able to send and receive emails with hyperlinks and attached files, and confirm that you agree to the Standard Terms and Conditions of Use for this Website. 


I AGREE

STANDARD TERMS AND CONDITION OF USE

  

Standard Terms and Conditions of Use 

Introduction

The website www.patentinsurance.com (“Website”) is owned and operated by Intellectual Property Insurance Services Corporation and its affiliates (collectively “IPISC”). The Standard Terms and Conditions of Use written on this webpage shall manage your use of our Website, accessible at www.patentinsurance.com and at www.ipisc.com.

These Standard Terms and Conditions of Use will be applied fully to your use of this Website. By using this Website, you agree to accept all terms and conditions written herein. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions of Use. 

Minors or people below 18 years old are not allowed to use this Website.

Privacy and Security

IPISC is committed to protecting your privacy and utilizing technology that provides a safe online experience. Our Privacy Policy explains how we collect, use and share visitor information. 

Intellectual Property Rights

Materials posted on this site are protected by intellectual property laws. IPISC and/or its licensors own all the intellectual property rights and materials contained on this Website. You are granted limited license only for purposes of viewing the material contained on this Website for your personal, non-public use. These Standard Terms and Conditions of Use grant you no right, title, or interest in any intellectual property (whether patents, copyrights or trademarks) owned by IPISC or its affiliates. Your use of this Website does not create a relationship between you and IPISC or its affiliates. 

No portion of this Website, or any copyright, trademark, trade name or service mark displayed on this Website may be reproduced, altered, removed, transmitted, published or distributed in any form (electronically, mechanically, recording or otherwise) without the prior written permission of IPISC.

Restrictions

You are specifically restricted from all of the following:

•  publishing any Website material in any other media;

•  selling, sublicensing and/or otherwise commercializing any Website material;

•  publicly performing and/or showing any Website material;

•  using this Website in any way that is or may be damaging to this Website;

•  using this Website in any way that impacts user access to this Website;

•  using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;

• engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;

• using this Website to engage in any advertising or marketing; and

• using information obtained from this Website for spamming or solicitation.

Certain areas of this Website are restricted from being accessed by you, and IPISC may further restrict access by you to any areas of this Website, at any time, in its absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Your Content

In these Website Standard Terms and Conditions of Use, "Your Content" shall mean any audio, video, text, images or other material or information you choose to display or complete on this Website. By displaying Your Content, you grant IPISC a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party's rights. IPISC reserves the right to remove any of Your Content from this Website at any time without notice.

Important Disclosure About IPISC Products

All information on this Website regarding products, coverages, insurance terms, definitions and other descriptions are intended for informational purposes only. The information contained on this Website does not in any way replace or modify the definitions and information contained in individual insurance policies, applications or declarations pages, which are controlling. 

Disclaimer of Warranties

All information and other materials present on this Website are provided "as is" with all faults, and IPISC expresses no representations or warranties of any kind related to this Website or the materials contained on this Website. IPISC specifically disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability and fitness for a particular use, for this Website. IPISC makes no warranty or guarantee that the Website will be continuously accessible and without interruption or errors. Also, nothing contained on this Website shall be interpreted as advising you.

IPISC not responsible for title, non-infringement, security or accuracy of any website owned by a third party to which or from which this Website is linked. IPISC does not endorse and is not responsible for any product or service obtained from a linked website. 

Limitation of Liability

In no event shall IPISC, its respective services providers, officers, directors, employees, agents or principals be held liable for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract. IPISC, including its officers, directors, employees, agents and principals, shall not be held liable for any indirect, direct, incidental, consequential, punitive or special liability arising out of or in any way related to your use of this Website.

Indemnification

IPISC has the right to deny you access and use of this Website and its content if you violate, as IPISC may determine in its sole and absolute discretion, any provision of these Standard Terms and Conditions of Use. You agree, at your own expense, to defend, indemnify and hold IPISC harmless from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Standard Terms and Conditions of Use.

Severability

If any provision of these Standard Terms and Conditions of Use is found to be invalid under any applicable law, such provision shall be deleted without affecting the remaining provisions herein, which shall remain in effect.

Variation of Terms

IPISC is permitted to revise or amend these Standard Terms and Conditions of Use at any time as it sees fit, and by using this Website you are expected to review these Standard Terms and Conditions of Use on a regular basis. 

Assignment

IPISC is allowed to assign, transfer and subcontract its rights and/or obligations under these Standard Terms and Conditions of Use without any notification. However, you are not allowed to assign, transfer or subcontract any of your rights and/or obligations under these Standard Terms and Conditions of Use.

Entire Agreement

These Standard Terms and Conditions of Use constitute the entire agreement between IPISC and you in relation to your use of this Website and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Standard Terms and Conditions of Use will be governed by and interpreted in accordance with the laws of the State of Kentucky, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Jefferson County, Kentucky for the resolution of any disputes.

Privacy Policy

  

PRIVACY POLICY

Effective date: January 29, 2019

Intellectual Property Insurance Services Corporation (‘IPISC”, "us", "we", or "our") owns and operates the www.patentinsurance.com website regarding existing and potential insurance programs and products for coverages related to intellectual property risks (hereinafter referred to as the "Service").

This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this Privacy Policy.  Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Standard Terms and Conditions of Use, accessible from www.patentinsurance.com.

Definitions

Service

Service is the www.patentinsurance.com website owned and operated by IPISC, as well as IPISC’s administration of existing and potential insurance programs and products related to intellectual property risks. 

Personal Data

Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Usage Data

Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Cookies

Cookies are small files stored on your device (computer or mobile device).

Data Controller

Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.

For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.

Data Processors (or Service Providers)

Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.

We may use the services of various Service Providers in order to process your data more effectively.

Data Subject (or User)

Data Subject is any living individual who is using our Service and is the subject of Personal Data.

Our Privacy Promise

Your privacy and the confidentiality of your business records are important to us. Information and the analysis of information is essential to the business of insurance and critical to our ability to provide to you excellent, cost-effective service and products. We understand that gaining and keeping your trust depends upon the security and integrity of our records concerning you. Accordingly, we promise that:

1. We will follow strict standards of security and confidentiality to protect any information you share with us or information that we receive about you;

2. We will verify and exchange information regarding your credit and financial status only for the purposes of underwriting, policy administration, or risk management and only with reputable references and clearinghouse services;

3. We will not collect and use information about you and your business other than the minimum amount of information necessary to advise you about and deliver to you excellent service and products and to administer our business;

4. We will train our employees to handle information about you or your business in a secure and confidential manner and only permit employees authorized to use such information to have access to such information;

5. We will not disclose information about you or your business to any organization - outside IPISC, or its insurance carriers and premium finance companies - or to third party service providers unless we disclose to you our intent to do so, or we are required to do so by law;

6. We will not disclose medical information about you, your employees, or any claimants under any policy of insurance, unless you provide us with written authorization to do so, or unless the disclosure is for any specific business exception provided in the law;

7. We will attempt, with your help, to keep our records regarding you and your business complete and accurate, and will advise you how and where to access your account information (unless prohibited by law), and will advise you how to correct errors or make changes to that information; and 

8. We will audit and assess our operations, personnel and third-party service providers to assure that your privacy is respected.

Information Collection and Use

Collection and Sources of Information

We collect from a customer or potential customer only the personal information that is necessary for (a) determining eligibility for the product or service sought by the customer, (b) administering the product or service obtained, and (c) advising the customer about our products and services. The information we collect generally comes from the following sources:

· Submission – During the submission process, you provide us with information about you and your business, such as your name, address, phone number, email address, and other types of personal identification information;

· Quotes – We collect information to enable us to determine your eligibility for the particular insurance product and to determine the cost of such insurance to you. The information we collect will vary with the type of insurance you seek;

· Transactions – We will maintain records of all transactions with us, our affiliates, and our third-party service providers, including your insurance coverage selections, premiums, billing and payment information, claims history, and other information related to your account;

· Claims – If you obtain insurance from us, we will maintain records related to any claims that may be made under your policies. The investigation of a claim necessarily involves collection of a broad range of information about many issues, some of which does not directly involve you. We will share with you any facts that we collect about your claim unless we are prohibited by law from doing so. The process of claim investigation, evaluation, and settlement also involves, however, the collection of advice, opinions, and comments from many people, including attorneys and experts, to aid the claim specialist in determining how best to handle your claim. In order to protect the legal and transactional confidentiality and privileges associated with such opinions, comments and advice, we will not disclose this information to you; and

· Credit and Financial Reports – We may receive information about you and your business regarding your credit. We use this information to verify information you provide during the submission and quote processes and to help underwrite and provide to you the most accurate and cost-effective insurance quote we can provide.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

· Email address

· First name and last name

· Phone number

· Address, State, Province, ZIP/Postal code, City

· Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

Usage Data

We may also collect information on how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

· Session Cookies. We use Session Cookies to operate our Service.

· Preference Cookies. We use Preference Cookies to remember your preferences and various settings.

· Security Cookies. We use Security Cookies for security purposes.

Use of Data

IPISC uses the collected data for various purposes:

· To provide and maintain our Service

· To notify you about changes to our Service

· To allow you to participate in interactive features of our Service when you choose to do so

· To provide customer support

· To gather analysis or valuable information so that we can improve our Service

· To monitor the usage of our Service

· To detect, prevent and address technical issues

· To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or inquired about unless you have opted not to receive such information

Legal Basis for Processing Personal Data under the General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), IPISC’s legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

IPISC may process your Personal Data because:

· We need to perform a contract with you

· You have given us permission to do so

· The processing is in our legitimate interests and it is not overridden by your rights

· To comply with the law

Retention of Data

IPISC will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

IPISC will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.

Transfer of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

IPISC will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data

Disclosure for Law Enforcement

Under certain circumstances, IPISC may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

IPISC may disclose your Personal Data in the good faith belief that such action is necessary to:

· To comply with a legal obligation

· To protect and defend the rights or property of IPISC 

· To prevent or investigate possible wrongdoing in connection with the Service

· To protect the personal safety of users of the Service or the public

· To protect against legal liability

Access to Your Information

Our employees, employees of our affiliated companies, and third-party service providers will have access to information we collect about you and your business as is necessary to effect transactions with you. We may also disclose information about you to the following categories of person or entities:

· The insurance provider of your policy

· Your independent insurance agent or broker

· An independent claim adjuster or investigator, or an attorney or expert involved in the claim

· Persons or organizations that conduct scientific studies, including actuaries and accountants

· An insurance support organization

· Another insurer if to prevent fraud or to properly underwrite a risk

· A state insurance department or other governmental agency, if required by federal, state or local laws

· Any persons entitled to receive information as ordered by a summons, court order, search warrant, or subpoena

· Any premium finance company with whom you choose to finance premiums

Security of Data

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Our Policy on "Do Not Track" Signals under the California Online Protection Act (CalOPPA)

We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Your Data Protection Rights under the General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. IPISC aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.

If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.

The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

The right to object. You have the right to object to our processing of your Personal Data.

The right of restriction. You have the right to request that we restrict the processing of your personal information.

The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.

The right to withdraw consent. You also have the right to withdraw your consent at any time where IPISC relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have 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 in the European Economic Area (EEA).

Service Providers

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyse the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy

Our Service does not address anyone under the age of 18 ("Children").

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us:

· By email: info@patentinsurance.com