"Client", “You” - The person accessing this website and accepting the Company’s terms and conditions.
"The Company", “Ourselves”, “We” - refers to our Company, Pekama Ltd., or any future company that will be in charge of the operations of this website.
“Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
“The website” – www.pekama.com or any additional domain that we may use from time to time to provide similar or related services.
“The Community”, “The Pekama IP Community” or the “Pekama Community” - our IP community service.
We are committed to protecting your privacy. We will share your personal information with our own employees on a need to know basis. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
You may not use Pekama to store any of the following sensitive information: Individual taxpayer ID/security numbers, Driver's license, passport or other ID numbers, financial accounts records, payment card data, medical records, or equally sensitive information.
Below we explain how we will handle your personal data.
1. How we use your personal data?
1.1 In this Section 1 we have set out:
(a) the general categories of personal data that we may hold and process;
(b) In the case of personal data that we did not obtain directly from you, the source and specific categories of that data;
(c) the purposes for which we may process personal data; and
(d) the legal bases of the processing.
1.2 The personal data that we hold and process:
Our site serves primarily Intellectual property (“IP”) owners and IP attorneys as well as investors or other people interested in IP (our “users”). We believe that we offer a highly useful service for our users. To be able to offer it, we must process some personal data.
We may hold and process the following data types:
- Targeted marketing/sales data – any business needs customers. We identify potential customers and try to find the best ways to make them aware of our services. Such ways may include online and off-line advertising, invitations to event, direct emails, phone calls, or any other way in which businesses try to reach out to leads. We therefore research lists of potential prospects and ways to make them aware of our services that are legal and compliant with our duty to protect privacy. As part of this effort, we may process names, emails and phone numbers, alongside public information about these users’ patents and trademarks that we can obtain.
The source of the data is the internet. We instruct researches to find lists of prospects and way to get in touch with them. Such lists can be based, for example, on websites of innovative companies, databases such as Crunchbase or LinkedIN.
We then take steps to remove from such lists any people whom we know are not interested to be contacted.
By expressing interest in our services, you agree that we may retain information that relates to this expression of interest – email correspondence, notes of phone calls, website data usage (as will be explained below). This information may be kept in our marketing automation software, CRM software, an array or google sheet or any equivalent way to retain information of this time.
The source of this data is you. The legal basis for processing the data is consent and our legitimate interests, namely the proper administration of our website and business and the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
- Usage data -when you log onto our site and use it, we may process data about your use of our website and services. ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system, alongside third party tools – a marketing automation software – ActiveCampaign or equivalent, a CRM – Hubspot or equivalent and a behavior tracking system - MouseFlow. This usage data may be processed for the purposes of analysing the use of the website and services and improving them. The legal basis for this processing is your consent and our legitimate interests, namely monitoring and improving our website and services.
- Account data - we may process your account data ("account data"). The account data may include your name, company and email address. We encrypt passwords and do not save raw passwords. The source of the account data is you. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is consent and our legitimate interests, namely the proper administration of our website and business and the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
- Profile data - we may process your information included in your personal profile on our website ("profile data"). The profile data may include your name, address, telephone number, email address, profile pictures, educational details and employment details].] The profile data may be processed for the purposes of enabling and monitoring your use of our website and services. The legal basis for this processing is consent and our legitimate interests, namely the proper administration of our website and business and the performance of a contract between you and us and/or taking steps, at you request, to enter into such a contract.
- Service data - We may process your personal data that is provided in the course of the use of our services ("service data"). The service data may include any correspondence that you had with us or with any other members of the site or with us and any documents exchanged within that correspondence. You may not use our platform to upload, send to other members or retain any personal information so please avoid doing so. The source of the service data is you. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is consent and our legitimate interests, namely the proper administration of our website and business AND the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
- Enquiry data - we may process information contained in any enquiry you submit to us regarding services ("enquiry data"). The enquiry data may be processed for the purposes of offering, marketing and selling relevant services to you by other members of our site. The legal basis for this processing is consent and our legitimate interests, namely the proper administration of our website and business AND the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
- Transaction data - We may process information relating to transactions, including purchases of services, that you enter into with us and/or through our website ("transaction data"). The transaction data may include your contact details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely our interest in the proper administration of our website and business.
- Notification data - We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent and the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
- Correspondence data -We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
1.3 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
1.4 We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
1.5 In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
1.6 Please do not supply any other person's personal data to us, unless we prompt you to do so.
2. Providing your personal data to others
2.1 We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
2.2 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
2.3 We may disclose your personal data to our web development company insofar as reasonably necessary for the successful continuous development of the site. For this purpose, it has been agreed that only 2 people at the development company at any given point of time will have access to the admin panel which includes most of your personal data.
2.4 Financial transactions relating to our website and services may be handled by our payment services providers, MangoPay, Stripe and Paypal. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers' privacy policies and practices at https://stripe.com/gb/privacy, https://www.paypal.com/ee/webapps/mpp/ua/privacy-full, https://www.mangopay.com/terms/Mangopay_Terms-EN.pdf.
2.6 In addition to the specific disclosures of personal data set out in this Section 2, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
3. International transfers of your personal data
3.1 We may disclose your personal data to our web development company’s foreign offices under strict terms of confidentiality.
For this purpose, it has been agreed that only 2 people at the development company at any given point of time will have access to the admin panel which includes most of your personal data.
3.2 We will not transfer your personal data stored within our databases outside the European Economic Area (EEA) without your express consent, unless order to do so by a court of law.
3.3 We use a CRM, marketing automation software and an array of Google Sheets to store some personal data. We may use these tools even though some of the data stored in them may be stored outside the EU.
4. Retaining and deleting personal data
4.1 This Section 4 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
4.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
4.3 We will retain your personal data as follows:
(a) For active users/accounts – we will retain your personal data as long as the account is active, and for an additional 2 years after that.
(b) For non active users/accounts – we will retain your personal data for a maximum period of 3 years, after which all data that relates to such an account will be deleted.
4.4 Notwithstanding the other provisions of this Section 4, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
5.1 We may update this policy from time to time by publishing a new version on our website.
5.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
5.3 We may notify you of changes to this policy.
6. Your rights
6.1 You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:
(a) the payment of a fee (currently fixed at GBP 10); and
(b) the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).
6.2 We may withhold personal information that you request to the extent permitted by law.
6.3 You may instruct us at any time not to process your personal information for marketing purposes.
6.4 In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.
7. About cookies
7.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
7.2 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
7.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
8. Cookies that we use
9. Cookies used by our service providers
10. Managing cookies
10.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);
(b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
(c) http://www.opera.com/help/tutorials/security/cookies/ (Opera);
(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
(e) https://support.apple.com/kb/PH21411 (Safari); and
(f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
[additional list items]
10.2 Blocking all cookies will have a negative impact upon the usability of many websites.
10.3 If you block cookies, you will not be able to use all the features on our website.
11. Our details
11.1 This website is owned and operated by Pekama Ltd..
11.2 We are registered in England and Wales under registration number 09329544, and our registered office is at St. John’s Innovation Centre, Cambridge CB4 0WS, United Kingdom.
11.3 Our principal place of business is at 71 Regent Street, Cambridge CB2 1AB.
11.4 You can contact us:
(a) by post, to the postal address given above;
(b) By email, using the email address published on our website from time to time. At the moment - firstname.lastname@example.org
We will not pass your information to third parties unless you expressly authorize us to do so or actively share your information using the tools provided by the website.
You have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request, where such records are available. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party. Any emails sent by this Company will only be in connection of the services provided by this website.
Any personal information will be shared internally within our company strictly on a need-to-know basis.
Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
• excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
• excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages, loss of profits and liquidated damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
In any event, the Company’s liability will not exceed the amount that you have paid to us for Projects or membership.
The Company is obliged to make reasonable care and invest reasonable skill to deliver the services. No liability for the company will arise as long as said standard has been met.
You can close your account on the website at any time.
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.
We will give you a notice of at least 60 days prior to termination of the agreement, to allow you to safely withdraw any data you have with our website.
Unless otherwise stated, the services featured on this website are available worldwide All advertising is intended solely for the United Kingdom market. You are solely responsible for evaluating the fitness for a particular purpose of any information available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means. We cannot warrant that the service from this site will be uninterrupted, timely or error free, although we will make reasonable efforts to provide such a service. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, direct or indirect.
Should Pekama, for any reason, ever cease to provide service to its customers, we will provide ample notice and will enable all of our customers to download all of their data and files at no cost. We will keep this option available for at least a year since providing a notice.
Projects are not limited in storage capacity and should accommodate almost any size of a legal matter. However, we reserve the right to request to place an additional charge should you have Projects exceeding 300 MB of storage.
We access public data sources such as the USPTO, EPO, OHIM, UK Companies House, and others, to automatically retrieve data for the benefit of our users. We cannot, however, guarantee that any of that data will be complete or accurate. The data sources that we use are not always documented APIs and sometimes they may change, limit the access, or prevent us for any other reason to obtain full access. We also may choose to discontinue or limit any data retrieval facility for any reason. Accordingly, our automatically populated data is not meant to relieve attorneys of their responsibility to make their own checks, validations and reports to clients.
We may offer our clients a choice of templates of automated events, tasks or financials. These are meant for indicative purposes and we can in no way guarantee that these will be accurate or complete. They are not meant to relieve attorneys of their responsibility to make their own checks, validations and reports to clients.
While you undertake actions on the site, we collect statistical information regarding these actions, including usage metrics, time to complete actions, costs for various actions, etc. We use this information to improve the service for all our members, but we do not identify this information personally with you. You hereby allow us to do so.
Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
We treat access to information differently between our two products - the case management system and the Pekama IP Community.
The Pekama case management system - The number of Pekama team members having database access is limited to five (5), and they will always be part of the Pekama management. No-one else on the Pekama team has access to any of your information. Of those who do have access to information stored on the database, we will never access such information unless it is required to accommodate an express request that you have made or ensure the operation of the system. Even if we access your information in these limited scenarios, we will never read more than required for the purpose of fixing technical faults. Your data is backed up using an advanced redundancy mechanism.
The Pekama IP Community - the Pekama IP Community is a service of introductions that we actively facilitate between firms and other service providers. Naturally, as an introducer, we have access to the conversation between two firms. We will remove ourselves from the conversation when requested by any of the parties, but will retain access to the conversation and will be able to revisit it to ensure that: (1) both parties are pleased with the relationship. (2) There is a valid reason not to pay our commission. We will not access the conversations for any other reasons.
We understand that Pekama is used to store legal information which is extremely sensitive. Hence, we take security very seriously. Our team of developers are highly trained to write secure code. We use only highly reliable storage providers that follow a strict security policy and that store information for entities such as governments. All the transactions that users make with the Pekama website are encrypted. We never store passwords of any of the users on our servers. Instead, we use a double-hashing mechanism to prevent penetration. We also enable a further layer of security for interested users – two-stage authentication – a mechanism that requires accepting a code onto your mobile phone before each time you log onto the site.
Finally - we don’t just trust ourselves on security. We use 3rd party expert companies to try to break into our site (penetration testing) on a regular basis and implement any recommendation they have to make the site more secure immediately.
We will advertise from time to time the best ways to contact us.
This company is registered in England and Wales, Number 09329544, registered St. John's Innovation Centre, Cambridge, CB4 0WS.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
Signing up for an account on the website is free. For the Pekama IP Community service a charge will be made for each case received by a client. Clients will be notified of the extent of the charges for the Pekama IP Community site when they sign up and when they receive a case. For the Pekama case management product, pricing will be listed on the website. Clients will be informed with adequate notice of any changes made to the pricing for any service offered by the website.
The laws of England and Wales govern these terms and conditions. By accessing this website, you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Should a conflict arise between you and the company, you agree to make an effort to resolve it in confidential mediation, and should such mediation fail, you hereby agree to a confidential arbitration procedure.
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.