- Privilege and Confidentiality.
You are engaging Specifio to provide the Site and Services in order to assist you in providing provision of legal advice to your client.
It is understood that only you and your client have the right to assert or waive the attorney-client privilege, not Specifio.
To the extent permitted by law, it is intended and agreed that any communications made to Specifio by you or your client in connection with your use of the Site and Services shall be privileged and that any such communications shall be made to facilitate communications between you and your client and to aid you in rendering legal advice to your client. We, therefore, shall not divulge to anyone any communication (or part or substance thereof) received from you or your client in connection with the Site and Services.
Definition of Confidential Information
For the purposes of this paragraph 1, “Confidential Information” means patent claims, and any resultant draft patent application specifications and/or drawing figures generated by the Services, that you e-mail to us or that we e-mail back to you in accordance with the intended use of the Services.
Restrictions on Use and Disclosure
We may keep and use obscured content-stripped versions of your Confidential Information; however, the content words will be removed from the documents and replaced with nonspecific symbols so that the meaning of the text cannot be ascertained. For example:
The present disclosure relates to systems and methods for facilitating review of a confidential document by a non-privileged person by stripping away content and meaning from the document without human intervention such that only structural and/or grammatical information of the document are conveyed to the non-privileged person.
would look something like this:
the p0018 d0017 r0019s to systems and methods for f0000ing r0001 of a c0002 d0003 by a n0004 p0005 by s0006ing a0007 c0008 and m0009 from the d0003 without h0010 i0011 such that only s0012 and/or g0013 i0014 of the d0003 are c0015ed to the n0004 p0005.
We use these obscured content-stripped versions for limited internal purposes only, such as to analyze document structures and word forms, which helps use do things like provide you with better support services and improve the Services.
In addition, Specifio does not train its machine-learning models on the content of any Confidential Information. This helps ensures there is never “cross pollination” between patent applications.
We will not disclose to anyone that you are a Specifio customer or that you are using the Services, without your prior written consent in each instance.
The restrictions set forth in paragraph 1 will not apply with respect to any Confidential Information that: (i) was or becomes publicly known through no fault of ours; (ii) was rightfully known or becomes rightfully known to us without confidential or proprietary restriction from a source other than you who has a right to disclose it; (iii) is approved by you for disclosure without restriction in a written document which is signed by you; or (iv) we independently develop without access to or use of your Confidential Information. The restrictions set forth in paragraph 1 will not restrict us from disclosing Confidential Information pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that we give you reasonable notice to enable you to contest such order or requirement.
The restrictions set forth in this paragraph 1 will survive the termination or expiration of your use of the Site and Services.
You agree to reimburse us for reasonable legal fees and expenses incurred in connection with any litigation or administrative proceeding resulting from: (i) our failure or refusal of to comply with any attempt to compel us to disclose any communication described in described in this paragraph 1 (or part or substance thereof) or to produce documents or (ii) the obtaining of, or attempt to obtain, a court order compelling us to disclose any communication described in this paragraph 1 (or part or substance thereof) or to produce documents.
- Managing Your Information Preferences
- Information We Collect
We collect information that personally identifies you, such as your name, address, phone number, mobile phone number, e-mail, payment information, law firm name, United States Patent & Trademark Office patent attorney/agent registration number, and other personally identifiable information that you choose to provide us with or that you choose to include in your account (“Personal Information”). You may be asked to provide us with Personal Information when you register with the Site or use any of our Services, and at other times.
Usage Data and Site Activity
We automatically collect information regarding the actions you take on the Site (“Usage Data”). For example, each time you use the Site we automatically collect the type of Web browser you use, your operating system, your Internet Service Provider, your IP address, the pages you view, and the time and duration of your visits to the Site. We use this information to help us understand how people use the Site and Services, and to enhance the services we offer.
Cookies and Anonymous Identifiers
We use Google Analytics on the Site and Services to collect Usage Data, to analyze how users use the Site and Services, and to provide advertisements to you on other websites. For more information about how to opt out of having your information used by Google Analytics, visit https://tools.google.com/dlpage/gaoptout/.
- How We Use Information and When We May Share and Disclose Information Generally
- Service Providers
From time to time, we may establish a business relationship with other businesses whom we believe trustworthy and who have confirmed that their privacy practices are consistent with ours (“Service Providers”). For example, we may contract with Service Providers to provide certain services, such as hosting and maintenance, data storage and management, and marketing and promotions. We only provide our Service Providers with the information necessary for them to perform these services on our behalf. Each Service Provider must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect your Personal Information from unauthorized access, use, or disclosure. Service Providers are prohibited from using Personal Information other than as specified by us.
- Other Transfers
- Compliance with Laws and Law Enforcement
We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose Personal Information and any other information about you to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate in order to respond to legal requests (including court orders and subpoenas), to protect the safety, property, or rights of our Specifio or of any third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law, subject to our confidentiality obligations detailed in paragraph 10 below.
We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of information transmitted to us. However, no data transmission over the Internet or other network can be guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through the Site or Services, we cannot and do not guarantee the security of any information you transmit on or through the Site or Services, and you do so at your own risk.
- Children’s Privacy
The Site and Services are intended for users who are 18 years old or older. We do not knowingly collect Personal Information from children under the age of 13. If we become aware that we have inadvertently received Personal Information from a child under the age of 13, we will delete such information from our records.
- No Attorney-Client Relationship or Legal Advice
You acknowledge and agree that the communication of information by, in, to or through this Site or Services and your receipt or use of it (i) is not provided in the course of and does not create or constitute an attorney-client relationship, (ii) is not intended as a solicitation, (iii) is not intended to convey or constitute legal advice, and (iv) is not a substitute for obtaining legal advice from a qualified attorney.
- Consent to Data Processing in the United States
Our company and its servers are located in the United States. The data we collect – including Personal Information, Usage Data, and Confidential Information – is regulated by United States law. By accessing or using the Site or Services or otherwise providing such data to us, and except as prohibited by applicable law, by using the Site and Services, you consent to the processing and transfer of your data in and to the United States. For any transfer of Personal Information to countries outside of the European Union, we have entered, or will enter into “Standard Contractual Clauses” approved by the Commission of the European Union for international transfer of Personal Information to controllers or processors established in third countries, as the case may be.