Terms of service Effective April 2, 2015

Markify AB - Terms of Service

Please read the terms of service below. These terms of service, including any revised agreements that we may post from time to time, state the agreement ("agreement") under which markify ab ("markify") provides you with various services, currently located at markify.com, and any other related or successor sites ("site"). All services provided by markify on the site are collectively referred to as "services". By accessing, browsing and/or using our site and/or services, you are deemed to accept the terms of service and agree to be bound by this agreement with respect to the use of that site. If you do not wish to be bound by this agreement, you may not access, browse or use the site or any services we provide.

You may not use the Services and may not accept these terms if (a) you are not of legal age in your jurisdiction to form a legally binding contract with Markify, or (b) you are not allowed to receive the Services under the laws of Sweden, your country of residence, the country in which you are located or are otherwise legally barred.

Your Use of the Services

Markify grants you a limited, nonexclusive, nontransferable, revocable license to use the Services subject to the restrictions set forth in these Terms of Service.

Markify Property and Feedback

All right, title, and interest in and to the Site and Services are and will remain the exclusive property of Markify and its licensors, including all Intellectual Property Rights (as defined below) therein, even if Markify incorporates any of your Feedback (as defined below) into subsequent versions. The Site and Services are protected by copyright, trademark, and other laws of both Sweden and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services. You may not copy or modify the HTML or other code used to generate web pages on the Site. All feedback, comments, and suggestions for improvements (the "Feedback") that you provide to Markify, in any form, and any contributions you make to the Site by posting content and communicating with other Markify users via posts to forums on the site ("User Posts") will be the sole and exclusive property of Markify. You will not earn or acquire any rights or licenses in the Services or in any Markify Intellectual Property Rights on account of these Terms of Service or your performance under these Terms of Service.

Changes to This Agreement

Markify may make changes to this Agreement from time to time in its sole discretion. Each time changes are made to this Agreement, a revised Agreement will be posted on the home page. Your continued use of our Site and/or the Services following the posting of changes constitutes your acceptance of any such changes. You can review the most current version of this Agreement here. Please check this page from time to time for current terms of use.

Our Privacy Policy

The information that we obtain through your use of our Site, whether through the registration process or otherwise, is subject to our privacy policy ("Privacy Policy"). The Markify Privacy Policy can be viewed on ourPrivacy Policy page. The Privacy Policy contains terms and conditions that govern our collection and use of the information you provide to us, including our respective rights relative to that information. Please review the applicable Privacy Policy before you use our Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use our Site.

Other Policies

Your use of our Site is also subject to the other policies, disclaimers and guidelines we post on such Site from time to time.

Types of Services

Currently, Markify offers both a restricted free service ("Free Service") with a limited set of services and paid premium services ("Premium Services"). More information on the types of services that Markify offers can be found in Pricing Terms and Conditions. Please read this document in its entirety regarding account restrictions. Markify reserves the right, at any time, to change or impose fees for access to and use of the Site, Content, Search Results, Reports and/or Services.

Transactions / Transmissions / Storage / No Automated Querying

Markify does not have an established maximum number of transaction, transmissions, or level of storage used in connection with the Services. Markify reserves the right to set such limits, in its sole discretion, at any time.You may not send automated queries of any sort to the Site without express advance written permission from Markify. Note that "sending automated queries" includes, among other things:

  • using any software which sends queries to our sites to determine how a trademark or domain name "ranks" for various queries;
  • "meta-searching"; and
  • performing "offline" searches on the Site.

Links to, and Resources/Data from, Others

A part of the Site and the Services includes links to other websites or resources and information provided by others. Because Markify has no control over such sites and resources, you acknowledge and agree that Markify is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Markify shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites and third-party tools usually have their own terms and conditions, including privacy policies, over which Markify has no control and which will govern your rights and obligations with respect to the use of such.

Your Contact with Advertisers or Third-Party Vendors

Your dealings with advertisers and third-party vendors (for instance but not limited to: trademark attorneys, domain name consultants and designers) found on or through the Site and the Services, including your participation in promotions, the purchase of goods or services, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. Markify does not make any representations or warranties with respect to any goods or services that may be obtained from such third parties, and you agree that Markify will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Site. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Markify has no control and which will govern your rights and obligations with respect to the use of those Web sites.

Compliance with Laws/Restrictions in Use

You agree to comply with all applicable laws regarding your use of our Site and the Services including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from Sweden or the country in which you reside.

You agree that you will not: (a) use the Site or the Services in any manner that harms us or the parties with which we contract; (b) modify or reroute the Site or the Services, or attempt to do so; (c) overburden, harm, limit, or disable the Site or the Services, including associated networks, or otherwise impair anyone's use of the Site or the Services.

Passwords and Security

You should not provide your password(s) to anyone else and are responsible for maintaining the confidentiality of your password(s) used for the Services. Therefore, you agree that you are solely responsible for all usage and activities under your account.

Intellectual Property Violations

Markify takes intellectual property issues seriously and has a policy to response to notices of alleged infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringers. Our policy is located here. Please note: all notices and transmissions under such policy that are not relevant will not receive any response.

Prohibited Content / Review of Content

You agree that you will not use the Services to post or otherwise provide any prohibited content, meaning any content that: (i) is inappropriate or offensive (such as inappropriate photographs); (ii) promotes racism, bigotry, hatred or physical harm of any kind; (iii) harasses or advocates harassment of another person; (iv) involves the transmission of "junk mail," "chain letters," unsolicited mass mailing, or "spamming"; (v) is false, misleading or promotes, endorses or furthers illegal activities; (vi) promotes, copies, performs or distributes an illegal or unauthorized copy of another person's work that is protected by copyright, trademark, trade secret or other intellectual property law; (vii) is involved in the exploitation of minors, or solicits personal information from such persons; (viii) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or (ix) otherwise violates this Agreement or creates liability for us.

Markify has the right (but not the obligation) to preview, review, screen, flag, filter, edit, refuse or remove any or all User Content either by itself, through third parties, or its community of users.

You may find some content, including User Content, on the Site and viewed through the Services to be offensive or objectionable, and you use the Site and the Services at your sole risk with respect to such.

Modifications to the Services

Markify reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Services (or any part thereof) with or without notice. You agree that Markify will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Services.

Termination of Your Access to the Services

You agree that Markify, in its sole discretion, may terminate your access to any of the Services for any reason, including, without limitation, for lack of use or if Markify believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Services may be effected without prior notice, and acknowledge and agree that Markify may bar any further access to such files or the Services. If you use the Site in violation of this Agreement, Markify may, in its sole discretion, retain all data collected from your use of the Site. Further, you agree that Markify shall not be liable to you or to any third party for the discontinuation or termination of your access to the Services, or collection of information notwithstanding in the case of your violation of this Agreement, even if advised of a claim for damages.

You may cease using the Services at any time. You do not need to inform Markify if you cease using the Services.

Information Disclaimer and Disclaimer of Warranties

By using the site and the services you understand and agree that:

  1. The services are provided for informational purposes only. No content on our site is intended to constitute pro fessional advice, whether financial, legal or otherwise. Markify and those posting or otherwise providing information, services or material on our site are not responsible or liable for any consequences relating directly or indirectly to any action or inaction you take based on the information, services or other material on our site.
  2. Your use of the services is at your sole risk. The services are provided on an "as is" and "as available" basis. Markify expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non- infringement.
  3. Markify makes no representation or warranty that the services will meet your requirements, that the services will be uninterrupted, secure, current or error-free, that the results that may be obtained from the use of the services will be accurate, timely, useful or reliable, or that the quality of any postings, products, services, information or other material obtained by you through the services will meet your needs.
  4. Any material obtained through the use of the services is done at your own discretion and risk, and you will be solely responsible for any damage to computer systems or for loss of data that results from the download or use of any such material.
  5. No advice or information, whether oral or written, obtained by you from our site or through or from the services shall create any warranty not expressly stated in their terms.

Limitation Of Liability

You understand and agree that markify is not liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, including, but not limited to, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services, or any other indirect, incidental, special, consequential, exemplary or punitive damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from: (1) the use of, or the inability to use, the site or the services; (2) the cost of procurement of substitute services, goods or and web site; (3) unauthorized access to or alteration of your transmissions or data; (4) the statements or conduct of any third party on our site; (5) reliance on content or postings on our site; or (6) any other matter relating to our site or the services. These limitations will apply whether or not markify has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.

Some jurisdictions do not allow the limitation or exclusion of liability for indirect, incidental, special, consequential, exemplary or punitive damages, so some of the above limitations may not apply to you and our liability will be limited to the maximum amount permitted by law.

Trademark Notices

Markify is a registered trademark and the Markify logo are trademarks of Markify AB. All rights reserved. All other trademarks and logos on the Site are the property of their respective owners.

Images

The images referenced, made accessible or made available to you on the Site or by means of the Services are protected by the copyright and trademark laws of Sweden and other countries. Although you are permitted to locate and access the images through the Services, you may need to obtain authorization of the owner of such materials before using them for any purpose other than viewing on the web. For authorizations to use an image, please contact the image owner, not Markify. Markify cannot give you authorization to use the copyrighted images. Markify cannot guarantee that a search will not locate unintended or objectionable content and Markify accepts no responsibility or liability for the content of any site included in any search results or otherwise linked to by the Services, or for your use of such content.

No Other Agreements Between Us / No Third-Party Beneficiaries

With the exception of our Privacy Policy, this Agreement constitutes the entire agreement between you and Markify for governing your use of our Site and the Services and supersedes any prior agreements between you and Markify for that purpose, including any membership agreements or other similar agreements applying to our Site or the Services.

This Agreement is only between you and us, and it not for the benefit of any other person (except for permitted successors and assigns under this Agreement).

Law Applicable to Interpretations and Disputes

This Agreement and the relationship between you and Markify are governed by the laws of Sweden without regard to its conflict of law provisions. You and Markify agree to irrevocably submit to the personal and exclusive jurisdiction of the courts located within Stockholm, Sweden. Notwithstanding the foregoing, Markify may seek equitable and injunctive relief in any jurisdiction.

Severability of This Agreement

If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.

Limitation of Actions Brought Against Markify

You agree that any claim or cause of action arising out of your use of our Site or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Markify to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.

Contact Information

If you have any questions or concerns with respect to this Agreement or our Site,
you may contact a representative of Markify by email at:

Privacy Policy Effective May 25, 2018

This site is owned and operated by Markify AB (“we”, “us” or “Markify”). Your privacy is of the utmost of importance to us as a data controller and we are committed to protecting it through our compliance with this Privacy Policy.

Through this site and our other services (together, “Services”), we gather certain types of information, including Personal Data, about our users, clients and/or others who contact us (whether through our website, via email or by phone). We feel you should fully understand our Privacy Policy and the terms and conditions surrounding the capture and use of that information. This Privacy Policy discloses what Personal Data we gather, how we use it, who we may share it with, and also contains further information about your rights in relation to your Personal Data.

It is important that you read this Privacy Policy, together with any other privacy notice or fair processing information, we may provide on specific occasions when we are collecting or processing Personal Data about you, so that you are fully aware of how and why we are using your information.

  1. How we collect Personal Data
  2. How we use Personal Data
  3. Disclosures of your Personal Data
  4. International Transfers
  5. Retention of Personal Data
  6. Children
  7. Cookies
  8. Security
  9. Links to Other Web Sites
  10. Opt-Out Policy
  11. User Generated Content
  12. Your Duties and Rights
  13. Changes to this Privacy Policy
  14. Contact Us

1. How we collect Personal Data

When we use the term “Personal Data,” we mean information that can be used to identify you as an individual person. We collect limited categories of Personal Data through our Services, including through:

  • Data you provide: for example, if you register or create an account on our site, we need to collect your name and email address. Similarly, when you contract with us for our Services, we need to collect your name, contact details and payment information. In addition, we collect Personal Data you provide to us through optional, voluntary submissions (e.g. when contacting us to inquire about our Services, to provide feedback or to receive our electronic newsletters, to participate in our blog(s), and to participate in polls and surveys). For further information, please see Section 2 below.
  • Data collected automatically: for example, information collected through Cookies on our website or through aggregated tracking information derived mainly by tallying page views throughout our sites. This information allows us to best tailor our content to readers' needs and to help improve our website functionality. For further information, please see Section 2 below.
  • Data we receive from third party sources: if your employer is our client, they may have provided us with your Personal Data in order for us to contact you about the Services we perform for your employer, or to manage the contract between us. For further information, please see Section 2 below.

2. How we use Personal Data

We will only use your Personal Data when and how the law allows us to. We rely on separate and overlapping bases to process your Personal Data lawfully (as described in the tables below). By way of example only, it may be necessary for us to process your Personal Data in order to provide Services you have requested and to perform the contract between us, or we may process your Personal Data where necessary to further Markify’s legitimate business interests, always taking into account that those legitimate interests will not be overridden by your personal rights and interests.

In certain circumstances we may ask for your consent to process your Personal Data. In such circumstances you have the right to withdraw your consent at any time. However, this will not affect the lawfulness of any processing undertaken by us prior to the withdrawal of your consent.

Data you provide

We collect the following Personal Data you provide (for example when you enter the information into form fields when registering or ordering Services, or when you contact us directly:

Category of Personal Data Purposes of Processing Legal Bases for Processing
Contact Information
including your name, address, email address, user name and phone number
To activate and administer your account and the Services requested, authenticate you as a user, and communicate with you, including where you have requested information from us about us or our Services, and as described below in Additional Uses of Personal Data. To provide Services requested by you and to meet our contractual obligations (Art. 6 para. 1 (b) GDPR)
Our legitimate interests (Art. 6 para. 1 (f) GDPR)
Your consent (Art. 6 para. 1 (a) GDPR), where obtained
Contact Information
including your email address
To provide you with updates to our blogs, where you have opted-in to receive such updates. Your consent (Art. 6 para. 1 (a) GDPR), where obtained
Financial Information
including payment or financial account information
To process payments for the Services requested and to provide purchased Services
To meet statutory tax or commercial law requirements
To process transactions requested by you and meet our contractual obligations (Art. 6 para. 1 (b) GDPR)
Compliance with legal obligations (Art. 6 para. 1 (c) GDPR)
Purchase or Subscription Information
including details of Services purchased
To improve our platform. Our legitimate interests (Art. 6 para. 1 (f) GDPR)
Information provided in response to voluntary surveys, polls and inquiries
including response and poll information
To conduct voluntary market research, surveys, polls and similar inquiries to help us understand trends and client needs.
Where the site offers voting functionality, we may use a system to "tag" users after they have voted, so they can vote only once on a particular question. This tag is not correlated with information about individual users.
To provide the Services requested by you (Art. 6 para. 1 (b) GDPR).
Our legitimate interests (Art. 6 para. 1 (f) GDPR)

Where we need to collect Personal Data by law, or under the terms of a contract we have with you and you fail to provide that information when requested, we may not be able to perform the contract we have entered (or are trying to enter) into with you. In such cases, we may be unable to provide the Services you have requested.

Data Collected Automatically

As is true of most digital platforms, we gather certain information automatically when you use our Services. This information may include browser, device and/or similar data that we collect as follows:

Data We Receive from Third Party Sources

We may obtain certain Personal Data about you from our corporate clients. In particular, if your employer has contracted with us for our Services, we may receive Personal Data about you directly from your employer, such as you name and work contact details. In such circumstances, we may use this Personal Data for the same purposes and on the same legal bases as set out above (see “Data you provide” above).

Additional Uses of Information and Legitimate Interests

In addition to the uses described above, we may use your Personal Data as necessary to serve our legitimate interests (Art. 6 para. 1 (f) GDPR) in our business operations, as follows:

  • operating our business, administering the Services and managing your accounts;
  • contacting you to respond to your requests or inquiries;
  • processing and completing transactions you have requested, including, as applicable, order confirmation, processing payments and delivering products or services;
  • operating, managing and securing certain site functionality;
  • enabling you to register for our Services;
  • improving and optimizing our Services and other products for the benefit of the users;
  • to conduct voluntary market research, surveys, polls and similar inquiries to help us understand trends and client needs in order to better provide content to our clients and others;
  • ensuring the security of the Services and the protection of our systems and networks;
  • preventing, investigating, or providing notice of fraud, unlawful or criminal activity, or unauthorized access to or use of Personal Data, our sites or data systems;
  • enforcing our Terms of Service, Pricing terms and conditions and other agreements; and
  • providing you with newsletters, articles, Service alerts or announcements and other information about the Services or our other products that we believe may be of interest to you. You may remove yourself from our mailing lists by following the link provided in every newsletter or marketing email we send to you.

3. Disclosures of your Personal Data

We may share your Personal Data with the following parties for the purposes set out in Section 2 (above):

  • Our services providers or processors who provide IT, system administration and other support services to us and who act as our data processors;
  • Our professional advisers, including; lawyers, auditors, insurers and accountants; and
  • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets on a confidential basis.  Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your Personal Data only in accordance with the terms of this Privacy Policy.

In compliance with applicable data protection requirements, we require all third parties to respect the security of your Personal Data and to treat it in accordance with the law.  We do not allow our processors to use your Personal Data for their own purposes and only permit them to process your Personal Data for specified purposes and in accordance with our authorization and instructions.

4. International Transfers

We transfer your Personal Data within the Markify group of companies for business purposes only. This may involve transferring your data outside the European Economic Area (EEA) to jurisdictions such as the U.S., which has not been deemed to offer adequate protection for your Personal Data by the European Commission.

In addition, some of our processors are based outside the EEA, so their processing of your Personal Data will involve a transfer of data outside the EEA.

To protect your Personal Data under EU data protection laws, we ensure your Personal Data is adequately protected and that such transfers are carried out in accordance with the law by ensuring at least one of the following safeguards is implemented:

  • The country to which a transfer is made has been deemed to provide an adequate level of protection by the European Commission;
  • There are specific contracts in place which have been approved by the European Commission as providing your Personal Data with an adequate level of protection;
  • Where we use providers based in the U.S., they are certified under the EU-US Privacy Shield, which requires them to provide an adequate level of protection to Personal Data; or
  • In certain circumstances, where you have given us your explicit consent to the transfer of your Personal Data outside the EEA.

Please contact us atsupport@markify.com if you want further information on the specific mechanism used by us when transferring your Personal Data outside the EEA.

5. Retention of Personal Data

We will only retain your Personal Data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or tax requirements.

To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.

6. Children

Our Services are not directed to, and we do not intend to or knowingly collect or solicit Personal Data from children.  If you are a minor, do not provide us with any Personal Data.

7. Cookies

We may place a text file called a "cookie" in the browser files of your computer. We use cookies to help ensure our sites work, or work more efficiently, as well as to provide us with certain information, as set out above.

Cookies may collect certain limited Personal Data, such as your IP address.  However, generally most of the information we collect through cookies is not Personal Data.

We use the following cookies:

  • Strictly necessary Cookies. These are cookies that are required for the operation of our sites. They include, for example, cookies that enable you to log into secure areas of our sites and complete purchases for Services. The legal basis for using such cookies is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR)

We use the following cookies:

  • Strictly necessary Cookies. These are cookies that are required for the operation of our sites. They include, for example, cookies that enable you to log into secure areas of our sites and complete purchases for Services. The legal basis for using such cookies is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR)

With your consent (under Art. 6 para. 1 (a) GDPR), we also use the following cookies for the purposes described below:

  • Analytical/performance Cookies. These cookies allow us to recognize and count the number of visitors to our sites and to see how visitors move around our sites. This helps us to improve the ways our sites work, for example, by ensuring that users are finding what they are looking for easily.
  • Functionality Cookies. These cookies are used to recognize you when you return to our sites. This enables us to personalize our content for you and remember your preferences (for example, your choice of language or region).
  • Targeting Cookies. These cookies record your visit to our sites, the pages you have visited and the links you have followed. We will use this information to make our sites and any advertising displayed on them more relevant to you.

If you want more information about the individual cookies we use and the purposes for which we use them, please contact support@markify.com.

You can refuse cookies by turning them off in your browser. If you've set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You do not need to have cookies turned on to use this site. However, you may need cookies to participate actively in message boards, forums, polling and surveys.

8. Security

We take appropriate steps to protect your Personal Data as you transmit your information from your computer to our site and to protect such information from loss, misuse, unauthorized access, disclosure, alteration, or destruction.

Markify employees who handle Personal Data treat it confidentially and may not disclose it to unauthorized third parties. Employees are responsible for the internal security of information. You should keep in mind that no Internet transmission is ever 100% secure or error-free. In particular, emails sent to or from this site or Markify may not be secure, and you should therefore take special care in deciding what information you send to us. Moreover, we have reasonable technical safeguards and security measures in place functionally with the site, but where you use passwords, ID numbers, or other special access features on this site, it is your responsibility to safeguard them.

9. Links to Other Websites

This site may contain links or references to other websites. Please be aware that we do not control those web sites and that, in any case, this Privacy Policy does not apply to those websites. We encourage you to read the privacy policy of every website you visit.

10. Opt-Out Policy

We give users options wherever necessary and practical. Such choices include:

  • Opting not to register to receive our electronic newsletters
  • Opting not to be contacted by telephone, direct mail or email
  • Opting not to participate in certain interactive areas, which completely alleviates the need to gather any personally identifiable information from our users

11. User Generated Content

Some of our Services may enable users to submit their own content to participate online or through social media, and/or other functions. Please remember that any information you submit or post as user-generated content to the Services may be seen by other registered users. You should exercise caution when deciding to disclose your personal, financial or other information in such submissions or posts. We cannot prevent others from using such information in a manner that may violate this Privacy Policy, the law, or your personal privacy and safety. We are not responsible for the results of such postings.

12. Your Duties and Rights

Your duty to inform us of changes

It is important that the Personal Data we hold about you is accurate and current. Please keep us informed if your Personal Data changes during your engagement with us.

Your rights in connection with Personal Data

If your Personal Data is protected under EU data protection law, under certain circumstances, by law you have the right to:

  • Request access to your Personal Data(commonly known as a “data subject access request”). This enables you to request a copy of the Personal Data we hold about you and to check that we are processing it lawfully.
  • Request correction of the Personal Datathat we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
  • Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it.
  • Object to the processing of your Personal Datawhere we are relying on a legitimate interest (or those of a third party) and, other than for the purposes of direct marketing, there is something about your particular situation which makes you want to object to processing on this ground. You have the right to object to our use of your personal data for direct marketing at any time.
  • Request the restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of Personal Data about you, for example if you want us to establish its accuracy or the reason for processing it.
  • Request the transfer of your Personal Data to another party. This right will only apply in limited circumstances, where we process your Personal Data based on your consent or where the processing of Personal Data is necessary for the performance of a contract between us.

Where applicable, to exercise any of these rights, please contact us at support@markify.com.

You also have the right to lodge a complaint with your competent data protection supervisory authority. We would, however, appreciate the chance to deal with your concerns before you approach a supervisory authority, so please contact us in the first instance.

No fee usually required

You will not usually have to pay a fee to access your Personal Data (or to exercise any of the other rights above, where applicable).  However, in accordance with EU data protection law, we may charge a reasonable fee if your request is clearly unfounded or excessive.

Alternatively, we may refuse to comply with the request in such circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it.

Time to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

13. Changes to this Privacy Policy

This Privacy Policy was last updated on May 25, 2018.

This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we use your Personal Data, we will notify you by sending you an email to the last email address you provided to us and/or by prominently posting notice of the changes on the Services and updating the effective date above.

14. Contact Us

If you have any questions, comments, requests or concerns about this Privacy Policy or other privacy-related matters, or if you would like to exercise any of your rights in relation to your Personal Data, you may contact us in the following ways:

  1. By mail: Markify AB, c/o O3C Konsult AB, Box 6088, 171 06 Solna, Sweden
  2. Through our email addresssupport@markify.com
  3. By contacting our Privacy Officer atsupport@markify.com.

Infringement policy Effective April 2, 2015

It is the policy of Markify AB, d/b/a Markify ("Markify") to respond to clear notices of alleged copyright and trademark infringement. Regardless of whether Markify would be found to be liable for such copyright or trademark infringement under Swedish law or the laws of the applicable country, we may respond to allegations of such infringement by removing or disabling access to content that is claimed to be infringing or by terminating particular users' or subscribers' ability to access the Markify website and services. In the event that we terminate access to the Markify website or remove search results in response to such a notice, we will make a good-faith effort to contact the owners or administrators of the trademarks or domain names in order to permit them to make a counter-notification. Please note that, in the event you materially misrepresent that a particular material or activity is infringing your copyright or trademark, you will be liable for all damages incurred (including costs and attorneys' fees) as a result of such material misrepresentation.

Accordingly, we suggest that you contact an attorney before notifying Markify of infringement if you are not certain whether particular content is infringing your copyright or trademark.

Infringement Notice

If you believe that your copyright or trademark is being infringed on the Markify website, please send us a written notice that must include the following information:

  1. An identification of the copyrighted or trademarked work that you believe has been infringed;
  2. An identification of the allegedly infringing content within the work listed in item #1 above, and sufficient information to permit Markify to identify it on the website. For a web search result, you must identify the search results obtained that link directly to a webpage that allegedly contains infringing material. In other words, you must provide us with (a) the search query you used and (b) the web address (URL) of each search result you allege contains infringing material;
  3. A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law;
  4. A statement by you that you swear and attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owner's behalf of an exclusive right that is allegedly infringed;
  5. Your signature (in either electronic or physical form), along with your name, address, telephone number and, if available, email address.

Counter-Notice

While it is our policy to respond to clear notices of trademark and copyright infringement, if you believe that your content should not have been removed for alleged copyright or trademark infringement, you may send us a written counter-notice. Such counter-notice must include the following information:

  1. An identification of the work that was removed or disabled, and the location (such as a URL) of the website on which it would have been found prior to its removal;
  2. A statement by you that you swear and attest, under penalty of perjury, that you have a good faith belief that the search result and/or content was removed or disabled as a result of a mistake or misidentification. For trademark disputes only: information reasonably sufficient to explain why you believe you are not infringing the trademarked work;
  3. A statement that you consent either to the jurisdiction of (a) the District Court for the judicial district in which your address is located if you live in Sweden or (b) any judicial district in which Markify is located if you live outside Sweden. Please also include a statement that you will accept service of process from the person who sent the original infringement notice to Markify, or an agent of such person; and
  4. Your signature (in either electronic or physical form), along with your name, address, telephone number and, if available, email address.

It is our policy to respond to all such notices we receive and to comply with the provisions of applicable law. Markify reserves the right, in its sole discretion, to remove any content that is alleged to infringe any copyright or trademark without prior notice and to terminate the account of any user who Markify has determined to be a repeat infringer.

Please send all infringement notices and counter-notices to the following address:

Markify AB.

Attention: Legal Department – Copyright Agent

Hornsgatan 89

11726 Stockholm, Sweden

Note:

This address is provided exclusively for notifying us that your copyrighted or trademarked material may have been infringed. Inquiries regarding any other topics, such as technical support requests, reports concerning email abuse, and reports of instances of piracy, will not receive a response through this process.

Markify Pricing Terms and Conditions Effective April 2, 2015

Premium Services

All services offered for a fee on the site (for instance "Comprehensive Search Report", "Trademark Watch" and "Domain Name Watch") are collectively referred to as "Premium Services". Some Premium Services are offered on a one time basis (for instance "Comprehensive Search Report"). Some Premium Services are offered as recurring services (for instance "Trademark Watch" and "Domain Name Watch".

Markify offers you the option of accessing Premium Services for a fee. By doing so, your Free Service will be converted to a Premium Service and will not be subject to the restrictions placed on Free Services as described below.

Markify accepts credit cards and other payment options (like Paypal and wire transfer) and will automatically charge you a one time fee, a monthly or yearly fee. If any fee is not paid in a timely manner, or Markify is unable to process your transaction, Markify reserves the right to revoke access to your Premium Service.

Please read the terms of service below. These terms of service, including any revised agreements that we may post from time to time, state the agreement ("agreement") under which markify ab ("markify") provides you with various services, currently located at markify.com, and any other related or successor sites ("site"). All services provided by markify on the site are collectively referred to as "services". By accessing, browsing and/or using our site and/or services, you are deemed to accept the terms of service and agree to be bound by this agreement with respect to the use of that site. If you do not wish to be bound by this agreement, you may not access, browse or use the site or any services we provide.

You may not use the Services and may not accept these terms if (a) you are not of legal age in your jurisdiction to form a legally binding contract with Markify, or (b) you are not allowed to receive the Services under the laws of Sweden, your country of residence, the country in which you are located or are otherwise legally barred.

Billing

Some Premium Services are billed only once, for instance "Comprehensive Search Report". These Premium Services are billed immediately.

Some Premium Services, for instance "Trademark Watch", are billed on a monthly or yearly basis. The fees for these Premium Service will be billed immediately on the date you elect, or convert to, a Premium Service and on each monthly or yearly renewal thereafter unless and until you cancel your Service. Click on the link to your "Manage" page for the Premium Service to see the commencement date for your next renewal period. Markify will automatically bill you each month or year on the calendar day corresponding to the commencement of your Premium Service date. In the event your Premium Service began on a day not contained in a given month or year, Markify will bill you on the last day of such month or year.

You acknowledge that the amount billed once, each month or year may vary for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your Service, or changes in the amount of applicable sales tax, and you authorize us to charge you for such varying amounts.

All fees and charges are non-refundable and there are no refunds or credits for partially used periods.

Markify may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your information by accessing your "Account" page. If your credit card reaches its expiration date, your continued use of the Markify constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.

Cancelling Your Service

Your Markify Premium Service will continue in effect unless and until you cancel your Premium Service or we terminate it. You must cancel your Premium Service before it renews each month or year in order to avoid billing of the next month's or year's fees.

Markify Premium Services are prepaid and are non-refundable. Markify does not provide refunds or credits for any partial months or years. You may cancel your Markify Premium Service at anytime, and cancellation will be effective immediately. If you wish to cancel your Premium Service you may do so via your "Manage" pages. Should you elect to cancel your Premium Service, please note that you will not be issued a refund for the most recently (or any previously) charged monthly fees.

By signing up for a Markify Premium Service and providing Markify with your payment Service information, you hereby agree to these payment terms and conditions.

Free Services

Markify allows you create a Free Service that offer a limited set of services.. Markify reserves the right to terminate Free Services at any time, with or without notice. Without limiting the generality of the foregoing, if a Free Service is inactive for ninety (90) days, then Markify may delete any or all of Your Reports without providing additional notice.

For further information regarding your Markify Premium or Free Service, please see the MarkifyTerms of Service.