Data Protection Statement
Version effective as of 1 August 2023
With this Data Protection Statement, we, LUMI IP LLC (hereinafter we or us), describe how we collect and further process personal data. This Data Protection Statement is not necessarily a comprehensive description of our data processing. It is possible that other data protection statements or General Terms and Conditions are applicable to specific circumstances.
The term “personal data” in this Data Protection Statement shall mean any information that identifies or could reasonably be used to identify any person.
If you provide us with personal data of other persons (such as work colleagues), please make sure the respective persons are aware of this Data Protection Statement and only provide us with their data if you are allowed to do so and such personal data is correct.
This Data Protection Statement is aligned with the EU General Data Protection Regulation (“GDPR”), the Swiss Data Protection Act (“DPA”) and the revised Swiss Data Protection (“revDPA”). However, the application of these laws depends on each individual case.
The “controller” of data processing as described in this data protection statement is:
LUMI IP LLC
You can notify us of any data protection related concerns using the following contact details:
Telephone: +41 31 508 04 32
2. Collection and Processing of Personal Data
We primarily process personal data that we obtain from our clients and other business partners as well as other individuals in the context of our business relationships with them or that we collect from users when operating our website, apps and/or other applications.
Insofar as it is permitted to us, we may obtain certain personal data from publicly accessible sources (e.g., patent office registers, commercial registers, internet) or we may receive such information from our business partners, from authorities or other third parties. Apart from data you provided to us directly, the categories of data we receive about you from third parties include, but are not limited to, information from public registers, data received in connection with administrative or court proceedings, data in connection with your use of our website (e.g., IP address, MAC address of your smartphone or computers, information regarding your device and settings, cookies, date and time of your visit, content retrieved, and localisation data).
3. Purpose of Data Processing and Legal Grounds
We primarily use collected data in order to conclude and process contracts with our clients and business partners, and to cooperate with intellectual property offices in Switzerland and abroad. For this purpose, we send some of the data to our partners abroad who cooperate with foreign intellectual property offices in foreign jurisdictions. Upon filing a patent application for instance, we typically send inventor name and address details and sometimes inventor nationality to a respective intellectual property office, which typically make his information publicly available in their online register. You may be affected by our data processing in your capacity as an employee and/or inventor of such a client or business partner.
In addition, in line with applicable law and where appropriate, we may process your personal data and personal data of third parties for the following purposes, which are in our (or, as the case may be, any third parties’) legitimate interest, such as:
provide and develop our products, services and website, and other platforms, on which we are active;
review and optimise procedures regarding needs for the purpose of direct customer approach as well as obtaining personal data from publicly accessible sources for customer acquisition;
advertisement and marketing (including organising events), provided that you have not objected to the use of your data for this purpose (if you are part of our customer base and you receive our advertisement, you may object at any time, and we will place you on a blacklist against further advertising mailings);
assert legal claims and defence in legal disputes and official proceedings;
ensure our operation, including our IT and our website;
video surveillance to protect our domiciliary rights and other measures to ensure the safety of our premises and facilities as well as protection of our employees and other individuals.
If you have given us your consent to process your personal data for certain purposes (for example when registering to receive newsletters or carrying out a background check), we will process your personal data within the scope of and based on this consent, unless we have another legal basis, provided that we require one. Consent given can be withdrawn at any time, but this does not affect data processed prior to withdrawal.
4. Cookies / Tracking and Other Techniques Regarding the Use of our Website
In accordance with applicable law, we may include visible and invisible image files in our newsletters and other marketing e-mails. If such image files are retrieved from our servers, we can determine whether and when you have opened the email, so that we can measure and better understand how you use our offers and customise them. You may disable this in your email program, which will usually be a default setting.
By using our website and consenting to the receipt of newsletters and other marketing emails you agree to our use of such techniques. If you object, you must configure your browser or email program accordingly.
We may use Google Analytics or similar services on our website. These are services provided by third parties, which may be located in any country worldwide (in the case of Google Analytics, Google Ireland Ltd. (located in Ireland), Google Ireland relies on Google LLC (located in the United States) as its sub-processor (both “Google”), www.google.com) and which allow us to measure and evaluate the use of our website (on an anonymised basis). For this purpose, permanent cookies are used, which are set by the service provider. Although we can assume that the information we share with Google is not personal data for Google, it may be possible that Google may be able to draw conclusions about the identity of visitors based on the data collected, create personal profiles and link this data with the Google accounts of these individuals for its own purposes. If you have registered with the service provider, the service provider will also know your identity. In this case, the processing of your personal data by the service provider will be conducted in accordance with its data protection regulations. The service provider only provides us with data on the use of the respective website (but not any personal information of you).
In addition, we may use plug-ins from social networks such as Facebook, Twitter, YouTube, Pinterest and/or Instagram on our website. This is visible for you (typically based on the respective symbols). If you activate them (by clicking on them), the operators of the respective social networks may record that you are on our website and where on our website you are exactly and may use this information for their own purposes. This processing of your personal data is the respective operator’s responsibility and occurs according to its data protection regulations. We do not receive any information about you from the respective operator.
5. Data Transfer and Transfer of Data Abroad
In the context of our business activities and in line with the purposes of the data processing set out in Section 3, we may transfer data to third parties, insofar as such a transfer is permitted and we deem it appropriate, in order for them to process data for us or, as the case may be, for their own purposes. In particular, the following categories of recipients may be concerned:
our service providers (such as domestic and/or foreign intellectual property firms);
dealers, suppliers, subcontractors and other business partners;
domestic and foreign authorities or courts;
the public, including users of our website and social media;
competitors, industry organisations, associations, organisations and other bodies;
acquirers and/or parties interested in the cooperation with us;
other parties in possible or pending legal proceedings;
Certain Recipients may be in Switzerland but they may be located in any country worldwide.
6. Retention Periods for your Personal Data
We process and retain your personal data as long as required for fulfilling our contractual obligation(s) and to comply with legal obligations or other purposes pursued with the processing, i.e., for the duration of the entire business relationship (from the initiation until its termination) as well as beyond this duration in accordance with legal retention and documentation obligations. Personal data may be retained for the period during which claims can be asserted against our company or insofar as we are otherwise legally obliged to do so or if legitimate business interests require further retention (e.g., for evidence and documentation purposes). As soon as your personal data is no longer required for the above-mentioned purposes, they will be deleted or anonymised, to the extent possible.
7. Data Security
We have taken appropriate technical and organisational security measures to protect your personal data from unauthorised access and misuse.
8. Obligation to Provide Personal Data To Us
In the context of our business relationship, you should provide us with any personal data that is necessary for handling a business relationship and for fulfilling our contractual obligations (as a rule, there is no statutory requirement to provide us with data). Without this information, we will usually not be able to enter into or carry out a contract with you (or the entity or person you represent). In addition, the website cannot be used unless certain information is disclosed to enable data traffic (e.g., IP address).
We may partially process your personal data automatically with the aim of evaluating certain personal aspects (profiling). In establishing and carrying out a business relationship, we generally do not use any fully automated individual decision-making.
10. Your Rights
In accordance with and as far as provided by applicable law (as is the case where the GDPR is applicable), you have the right to access, rectify and erase your personal data, the right to restrict or to object to our data processing, in particular for direct marketing purposes, for profiling carried out for direct marketing purposes and for other legitimate interests in processing in addition to right to receive certain personal data for transfer to another controller (data portability). Please note, however, that we reserve the right to enforce statutory restrictions on our part, for example if we are obliged to retain or process certain data, have an overriding interest (insofar as we may invoke such interests) or need the data for asserting claims. If exercising certain rights will incur costs, we will notify you thereof in advance. We have already informed you of the possibility to withdraw consent in Section 3 above. Please further note that the exercise of these rights may be in conflict with your contractual obligations, and this may result in consequences such as premature contract termination or involve costs. If this is the case, we will inform you in advance unless it has already been contractually agreed upon.
In general, exercising these rights requires that you are able to prove your identity (e.g., by a copy of identification documents where your identity is not evident otherwise or can be verified in another way). In order to assert these rights, please contact us at the addresses provided in Section 1 above.
In addition, every data subject has the right to enforce his/her rights in court or to lodge a complaint with the competent data protection authority. The competent data protection authority of Switzerland is the Federal Data Protection and Information Commissioner.
11. Amendments of this Data Protection Statement
We may amend this Data Protection Statement at any time without prior notice. The current version published on our website shall apply.