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NIMVIA, LLC

PRIVACY POLICY 

Updated and Effective As Of: January 14, 2012

 

This Privacy Policy applies to Nimvia's collection and use of personally identifying information, including Private PAIR data ("Personal Information") that we may gather when you visit our Website, purchase, license, or use Nimvia products or services, or contact us. By using Nimvia products or services, you expressly consent to the collection, processing, and use of your Personal Information according to this Privacy Policy.

 

Why Nimvia Collects Personal Information

 

Nimvia collects Personal Information in order to communicate with you with regard to Nimvia products and services and in order to improve and debug Nimvia products and services. Nimvia may collect your Personal Information at a variety of points, including when you use Nimvia products or services, create a subscription with us, download a new product or update, request services, confer with a Nimvia agent, or take part in other activities on our website or use our software. During these interactions we may collect Personal Information relevant to your interaction with us, such as your name, mailing address, phone number, email address, contact information, along with information about Nimvia products or services you use, such as your subscription ID, date of purchase, performance data, debugging information, or information relating to a support issue. Nimvia may use your Personal Information to send you messages through email, mail, or other means concerning updates to Nimvia software. Performance and debugging data that may be collected include, for example, the number of customer numbers and cases associated with the PKI certificate, including serial numbers by which application specific XML downloads are stored (but no PAIR data regarding case details or file history details); and the number of items of correspondence sent from the USPTO (but no identifying information regarding the items of correspondence). Furthermore, Personal Information may be cached at a Nimvia server to increase efficiency and performance of the software and services. Please be aware that if you choose not to provide us with your Personal Information, we may not be able to, or may choose not to, make Nimvia products or services available to you.

 

Regarding Children

 

Nimvia software is not marketed to or intended for use by individuals who cannot legally enter into a binding contract. Accordingly, Nimvia does not intentionally gather any Personal Information about visitors or customers who are under the age of 18. If you are under the age of 18 or otherwise lack the capacity to enter into a binding contract, do not use our website or services, or create a subscription with us, yourself.

 

Sharing Your Personal Information

 

Nimvia will not provide unaffiliated third parties with access to your Personal Information, including your email address and contact information. Any Personal Information to which you grant access by establishing a client account for another's use will be provided to such other person provided such other person is authenticated using the client ID and client password that you establish.

 

Nimvia may, from time to time, send you emails, or other communications containing the following types of information: notifications of detected problems with products or services; notifications concerning the expiration of your subscription; service and software upgrade notices; notices concerning new or related products or services from Nimvia or other providers, enhancements, and price changes, notifications regarding suspected unlawful or inappropriate use, and requests for feedback on your Nimvia products or services. If you ever wish to stop receiving communications containing certain types of information from us, you may let us know by emailing privacy@nimvia.com, or by clicking on an appropriate link in any Nimvia email communication to you.

 

Nimvia may disclose your Personal Information to third parties if we believe that such action is necessary to (1) comply with a law, regulation, or governmental or judicial warrant, rule, or order; (2) protect and defend the rights or property of Nimvia; (3) enforce a Nimvia End User License Agreement and/or this Privacy Policy.

 

Security for Your Personal Information

 

Nimvia aims to protect against the loss, misuse, and alteration of your Personal Information in our care. Although we make good faith efforts to store the Personal Information we collect in a secure operating environment that is not accessible to unauthorized users, and we use encryption when transmitting and storing such information, we cannot guarantee complete security.

 

To provide secure credit card processing when ordering from us, subscriptions to Nimvia products and services are processed through PayPal or other third party provider, which operates under its own privacy policy.

 

Although Nimvia software utilizes your PKI certificate to log in to Private PAIR, your PKI certificate is not communicated by any Nimvia software and services to any server other than the secure USPTO server utilized for authentication. Nimvia does not store the password associated with your PKI certificate on any Nimvia server; the password is stored only on your local computer on which Nimvia software is installed. For purposes of licensing and subscribing to Nimvia software and services, the practitioner name associated with your PKI certificate is communicated to a Nimvia server.

 

Protecting Privilege

 

Nimvia will not read, analyze or review any Private PAIR data or client data, nor will Nimvia read, analyze or review any messages that are communicated via the software or services from a patent practitioner to a client. Any such data that is transmitted to Nimvia and stored on a Nimvia server for access thereto by a client or by you using another computer, or that is otherwise passed through a Nimvia server in performing the intended function of the software and services, is stored in encrypted format and transmitted in encrypted format. Nimvia will maintain the privacy of such data and will take all reasonable steps believed to be required to preserve any attorney-client privilege or privilege associated with attorney work product.

 

Dispute Resolution

 

Any questions or concerns regarding the use or disclosure of Personal Information should be directed to Nimvia at privacy@nimvia.com. Nimvia will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with the principles contained in this Privacy Policy.

 

This Privacy Policy will be construed and controlled by the laws of the State of North Carolina without regard to conflicts of law statutes or regulations. You consent to exclusive jurisdiction and venue in the State and Federal courts located in Mecklenburg County, North Carolina. You waive all defenses of lack of personal jurisdiction and forum nonconveniens.

 

This Privacy Policy shall apply to the fullest extent permitted by applicable law. If for any reason any provision of this Privacy Policy is held to be invalid or unenforceable to any extent under applicable law, then (i) such provision will be interpreted, construed, or reformed to the extent reasonably required to render it valid, enforceable, and consistent with the original intent underlying such provision and (ii) such invalidity or unenforceability will not affect the validity or enforceability of any other provision of this Privacy Policy and all such provisions shall remain in full force and effect.

 

Nimvia Contact information

 

If you have any questions or comments, please contact us at privacy@nimvia.com.

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