GENERAL INFORMATION

For ease of consultation, the contents of this Legal notice are divided into several sections. However, its terms should be read and interpreted as one document which clearly establishes the terms of use for the User who is accessing the website.

Clarke, Modet & Co. is the trade name used by all the Clarke, Modet & Co. Group companies. The Clarke, Modet & Co. Group refers to a set of companies composed of Clarke, Modet y Cía. S.L. and its subsidiaries, which are different and independent legal entities. Consequently, when referring to Clarke, Modet & Co. one can be referring to the whole of the Group, or to one or the several companies which it is composed of.

For more information on the different companies and their company names, see the companies paragraph. Click on the corresponding Country and you will obtain information pertaining to the Company and the rules and regulations applied in said country in the context of this Legal notice.

For any additional doubts or information, send a query to info@clarkemodet.com.

INTELLECTUAL PROPERTY

All the content included in the website, and in particular the trademarks, trade names, designs, photographs, texts, software, databases, articles, etc. is owned by the Clarke, Modet & Co. group, which allows it to use said contents and to include them in their webpage. The use of the aforementioned contents without express authorization from the right holders is forbidden.

“Clarke, Modet & Co.” IS A REGISTERED TRADEMARK

The User may make a private copy of the contents only and exclusively for his own personal use and without any lucrative intent. Any other use which differs from the aforementioned will require written authorization from Clarke, Modet & Co.

The User is forbidden to reproduce, distribute, announce publicly (including making them available) or to transform the above mentioned contents with commercial or lucrative intent.

The access to and/or the downloading of files from the webpage should in no case be interpreted as any kind of authorisation or granting of a license for the use or commercialisation of said files.

Suppressing or manipulating the copyright or trademark symbol and any other symbols which indicate that the content is copyrighted or trademarked, or any other distinctive signs, such as those belonging to security systems or digital fingerprints which can possibly be included in the aforementioned content, is not allowed.

PRIVACY

Any personal data which the User may provide will be used to contact said User in order to provide the services and/or the information requested. Access on the User’s behalf to any of the services and/or web contents may require that Clarke, Modet & Co. should request some personal data which will be collected through the filling in of the forms available online.

You can access to the privacy policy of your country on the left side of the menu.

Before filling in the respective forms read the privacy policy and the applicable rules carefully. Clarke, Modet & Co. is dedicated to respecting the User’s privacy and to protecting his personal data and has, for this purpose, adopted the legally required security and data protection levels, and resorted to the all the means within its reach to prevent the loss, wrongful use, tampering of, and non-authorised access to said data.

COOKIES

Access to this website may imply the use of cookies. Cookies are small files which contain information about the User’s browsing.

We use cookies to retrieve information about the User’s browsing habits in the www.clarkemodet.com webpages, therefore providing the necessary data to improve your browsing experience.

This website uses Google Analytics cookies, a web analytics service provided by Google, Inc.

These cookies are also known as third party cookies, which means that they are sent to the User’s hard drive by a domain which does not belong to Clarke, Modet y Cía. but another entity which will then analyse the data retrieved by said cookies.

This website in particular uses Google Analytics which in turn uses cookies known as “analytics cookies”, text files which help the website owners understand how the visitors interact with said websites.

The information retrieved by this cookie about the website use, including your IP address, will be directly transmitted, archived and treated by Google exclusively in their own servers.

Google will use this information to track the User’s interaction with the website, compiling activity reports and providing other services related with the website’s activity and Internet use.

Clarke, Modet y Cía. has no access to the information retrieved, only to anonymous information which has been previously analysed by Google and which is not associated to a specific IP address.

Google may provide said information to third parties if the law so requires, or when said third parties are to process the information on Google’s behalf. Google will not associate your IP address with any other data it may be in possession of.

By using this website you are agreeing to have your information processed by Google in the manner and for the purposes above mentioned.

You may refuse this data or information processing by disabling the use of cookies through selecting the appropriate option in your browser. However, you may also install the “Google Analytics Opt-out Ad-on”, which prevents Google from retrieving data during your web browsing.

Nevertheless, you should know that after disabling the use of cookies some of the website’s features may become unavailable.

GOOGLE ANALYTICS

The information which the cookie generates about your interaction with the website (including your IP address), will be directly transmitted and archived by Google in their US servers.

Google will use this information on our behalf in order to track your activity on the website, compiling website activity reports and providing other services pertaining to the website’s activity and Internet use.

Google may provide said information to third parties if the law so requires, or when said third parties are to process the information on Google’s behalf. Google will not associate your IP address to any other data it may be in possession of.

You may reject the processing of your data or information by not agreeing to the use of cookies through selecting the appropriate option on your browser. However, you should know that after doing it, you may not be able to use the website in its full capacity.

AUTHORIZED LINKS

No link may be made to this website from any other website without Clarke, Modet & Co.’s previous and express authorisation.

Any authorized links which are established should always link to the homepage, which means that using “frames” or any other means of altering the webpage’s design or contents are not allowed.

The links included in this webpage are strictly informative. Clarke, Modet & Co. does not take any responsibility for the contents or websites that this website may redirect to.

Likewise, the existence of a link on a third party website does not imply that there is any kind of bond or collaboration between Clarke, Modet & Co. and those responsible for the link.

Clarke, Modet & Co. will not grant links to webpages which contain illicit content or information, and in general those which infringe the moral and public orders or socially accepted rules.

WEBSITE ACCESS AND USE

The access, browsing and use of the Clarke, Modet & Co. website requires previous acceptation of the general terms and conditions expressed in this Legal Notice on behalf of the User.

For the purposes of this Legal Notice, “User” means any person who accesses and uses the website’s contents within the www.clarkemodet.com domain, owned by Clarke, Modet y Cía. S.L.

The User accesses this website under his own responsibility. Clarke, Modet & Co. is not responsible for the potential damages or errors which, due to the presence of any virus, may affect the User’s computer system upon accessing the website.

Clarke, Modet & Co. reserves the right to change the current Legal Notice, as well as any other conditions which may arise, at any time.

The simple access on behalf of the User to www.clarkemodet.com presupposes the acceptation of each and every one of the changes introduced. For this reason, Clarke, Modet & Co. recommends that the User should read the following Legal Notice carefully each time he accesses the webpage.

Clarke, Modet & Co. reserves the right to change, suppress or update the website’s contents and/or to suspend, interrupt or cease to use this webpage at any time. The contents of the webpage may not be considered legal advisory on any matter.

ELECTRONIC MAIL USE

The electronic mails or annexed files sent from Clarke, Modet & Co. are solely destined for the specific recipient, and may contain confidential and/or privileged information or be protected against being divulged to third parties.

For this reason, anyone who accidentally receives such an e-mail should know that the information therein cannot be used legally, and should let us know of the fact by electronic mail or telephone and abstain from making copies, forwarding it or sending it to third parties and proceed to delete it immediately.

All communications from Clarke, Modet & Co. use the clarkemodet.com domain. If you should receive a communication from another domain there is a chance that you are being a victim of fraud. Please, do not reply and let us know about such a situation.

LIABILITIES AND WARRANTIES

Clarke, Modet & Co. will do its utmost to make sure that the contents and services available on its webpage are accurate and up to date.

The contents displayed are merely informative, Clarke, Modet & Co. will not answer for the veracity or accuracy of the available contents, whether their own or belonging to third parties, nor for the opinions of third parties expressed on forums or other interactive tools made available in the Internet.

While Clarke, Modet & Co. has adopted the necessary technological measures to prevent them, it shall not be liable for any of the damages or losses of any nature that may occur, such as errors or omissions in the available contents, errors in the computer system, webpage unavailability, or virus or malware transmission.

Clarke, Modet & Co. may, at any time, introduce changes to the present terms and conditions or introduce new conditions of use, via communicating said changes through the website.

JURISDICTION AND APPLICABLE LEGISLATION

This webpage is owned by Clarke, Modet y Cía., S.L.

The aforementioned Web content is subject to Spanish Law. Any dispute which may arise from this website’s access or use is subject to the exclusive jurisdiction of the Spanish courts of Madrid, Spain.

ARGENTINA

Clarke, Modet & Cía. (Argentina) S.A. (“Clarke, Modet & Co. Argentina”) is a company established under Argentinian law based in Lavalle 190, piso 3, Ciudad Autónoma de Buenos Aires and registered in the Public Commercial Registry of the City of Buenos Aires under number 178.482.

PRIVACY POLICY

Access on the User’s behalf to any of the services and/or web contents may require that Clarke, Modet & Co. Argentina should request some personal data which will be collected through the filling in of the forms available online

Clarke, Modet & Co. Argentina is dedicated to respecting the User’s privacy and to protecting his personal data, therefore, all the data which you choose to provide us with will be processed in a database owned by Clarke, Modet & Co. Argentina. By providing their personal data, the User explicitly consents and authorizes Clarke, Modet & Co. Argentina to collect and process the solicited personal data for the purposes and under the terms displayed in each form (queries, information transfer, newsletters, etc.). The User agrees to supply adequate and correct data and to update said data if needed.

Clarke, Modet & Co. may yield said personal data to the Clarke, Modet & Group companies which are detailed online, with the sole purpose of providing the services solicited by the User.

The User may exercise their access, correction, suppression and update rights by communicating them to Clarke, Modet & Co. Argentina, by postal service to Lavalle 190, piso 3, Ciudad Autónoma de Buenos Aires or by electronic mail to info@clarkemodet.com.ar. In compliance with the applicable rules and regulations: “The owner of the personal data has the right to exercise his rights regarding the access to said data free of charge in intervals no fewer than six months, unless there is a legitimate interest in compliance with article 14, paragraph 3, Law no. 25.326”.

Clarke, Modet & Co. Argentina has adopted the security levels which are legally required to protect personal data, and applied all the means and technical measures within its reach to avoid the loss, improper use, change, unauthorised access or theft of personal data provided according to the law in force.

Clarke, Modet & Co. Argentina will send our newsletter which includes innovations and news about the sector to the Users who have requested it. You may also receive communications pertaining to industrial and intellectual property, and may opt-out of these communications at any time by requesting it by postal service to Lavalle 190, piso 3, Ciudad Autónoma de Buenas Aires or by electronic mail to info@clarkemodet.com.ar

Finally, the databases owned by Clarke, Modet & Co. Argentina are based in calle Lavalle 190, piso 3, Ciudad Autónoma de Buenos Aires.

For any other query or additional information, send a query to info@clarkemodet.com.ar

BRAZIL

Clarke, Modet & Co. Brasil is a company established under Brazilian law as Clarke Modet Propriedade Intelectual Ltda., based in Av. Marechal Câmara 160, piso 12, Centro, Rio de Janeiro, Código Postal 20020-080, Brasil, registered in the Ministry of Finance’s National Registry of Legal Entities under No. 33.033.101/0001-18, and before the Rio de Janeiro Commercial Board under NIRE 33.2.0716710-6.

PRIVACY POLICY

Access on the User’s behalf to any of the services and/or web contents may require that Clarke, Modet & Co. should request some personal data which will be collected through the filling in of the forms available online.

Clarke Modet & Co. Brasil is dedicated to respecting the User’s privacy and to protecting his personal data, therefore, all the data which you choose to provide us with will be incorporated in a file owned by Clarke Modet Propriedade Intelectual Ltda. for subsequent processing. The User is aware and authorises Clarke, Modet & Co. to collect and process the solicited personal data for the purposes and under the terms displayed in each form (queries, information transfer, newsletters, etc.) The person responsible for the file may yield their data to the Clarke, Modet & Co. Group companies which are detailed online with the sole purpose of providing the services solicited by the User.

The User may exercise their access, correction, suppression and update rights by communicating them to Clarke Modet Propriedade Intelectual Ltda., by postal service to Av. Marechal Câmara 160, piso 12, Centro, Rio de Janeiro, Código Postal 20020-080, Brasil, or by electronic mail to info@clarkemodet.com.br.

Clarke, Modet & Co. Brasil has adopted the security levels which are legally required to protect personal data, and applied all the means and technical measures within its reach to avoid the loss, improper use, change, unauthorised access or theft of personal data provided according to the law in force.

Clarke, Modet & Co. Brasil will send our newsletter which includes innovations and news about the sector to the Users who have requested it. You may also receive communications pertaining to industrial and intellectual property, and may opt-out of these communications at any time by requesting it by electronic mail to info@clarkemodet.com.br.

RETRIEVING DATA FROM CURRICULA VITAE

In accordance with the provisions laid down in section II of Law 12.965/2014, of April 23rd, the Civil Rights Framework for the Internet in Brazil, whose Section II establishes the Protection of Registrations, Personal Data and Private Communications, the personal data included in the Curricula sent to Clarke Modet Propriedade Intelectual Ltda. will be incorporated in a file belonging to Clarke Modet Propriedade Intelectual Ltda. for subsequent processing. The User is aware and authorises Clarke, Modet & Co. to collect and process the solicited personal data for management and personnel selection purposes. By voluntarily sending said data, you authorise Clarke, Modet & Co. Brasil to process it for the aforementioned purposes. You may also exercise your rights of access, cancellation, rectification and opposition to the processing of your data in the legally foreseen situations and by following the procedure explained in our privacy policy.

For any other query or additional information, send a query to info@clarkemodet.com.br.

CHILE

Clarke, Modet & Co. Chile ® is a limited liability company created in compliance with Chilean law under the Clarke Modet y Cº Chile Limitada name, based in Huérfanos # 835, Piso 10, comuna de Santiago, Región Metropolitana, Chile, Registered in the Santiago Real Estate Registry in page 25128, number 19920 of the Santiago Commercial Registry in the year of 1999.

PRIVACY POLICY

Access on the User’s behalf to any of the services and/or web contents may require that Clarke, Modet & Co. Chile ® should request some personal data which will be collected through the filling in of the forms available online.

Clarke, Modet & Co. Chile ® is dedicated to respecting the User’s privacy and to protecting his personal data, therefore, all the data which you choose to provide us with will be processed in an online registry owned by Clarke, Modet & Co. Chile ®. The User is aware and authorises Clarke, Modet & Co. Chile ® to collect and process the solicited personal data for the purposes and under the terms displayed in each form (queries, information transfer, newsletters, etc.). The person responsible for the registry may yield their data to the Clarke, Modet & Co. Group companies which are detailed online with the sole purpose of providing the services solicited by the User.

The User may exercise their access, correction, rectification, cancellation and opposition rights by communicating them to Clarke, Modet & Co. Chile ®, by postal service to Huérfanos # 835, Piso 10, comuna de Santiago, Región Metropolitana, Chile, or by electronic mail to info@clarkemodet.cl.

Clarke, Modet & Co. Chile ® has adopted the security levels which are legally required to protect personal data, and applied all the means and technical measures within its reach to avoid the loss, improper use, change, unauthorised access or theft of personal data provided according to the law in force.

Clarke, Modet & Co. Chile ® will send our newsletter which includes innovations and news about the sector to the Users who have requested it. You may also receive communications pertaining to industrial and intellectual property, and may opt-out of these communications at any time by requesting it by electronic mail to info@clarkemodet.cl.

RETRIEVING DATA FROM CURRICULA VITAE

In accordance with the provisions laid down by Law No. 19.628 On the Protection of Personal Data, your personal data, as displayed in the Curriculum sent to Clarke, Modet & Co. Chile ®, will be processed in an online registry which Clarke, Modet & Co. Chile ®, based in Huérfanos # 835, Piso 10, comuna de Santiago, Región Metropolitana, is liable for, for management and personnel selection purposes. By voluntarily sending said data, you authorise Clarke, Modet & Co. Chile ® to process it for the aforementioned purposes. You may also exercise your rights of access, cancellation, rectification and opposition to the processing of your data in the legally foreseen situations and by following the procedure explained in our privacy policy.

For any query or additional information, send a query to info@clarkemodet.cl.

COLOMBIA

Clarke, Modet & Co. Colombia is a company established under Colombian law as Clarke, Modet y Cía. Limitada, based in Cra 11 No. 86-53 de la ciudad de Bogotá y con Nit No. 830 008643-3

PRIVACY POLICY

Access on the User’s behalf to any of the services and/or web contents may require that Clarke, Modet & Co. Colombia should request some personal data which will be collected through the filling in of the forms available online.

Clarke, Modet & Co. Colombia is dedicated to respecting the User’s privacy and to protecting his personal data, therefore, all the data which you choose to provide us with will be incorporated in a file owned by Clarke, Modet & Co. Colombia for subsequent processing. The User is aware and authorises Clarke, Modet & Co. Colombia to collect and process the solicited personal data for the purposes and under the terms displayed in each form (queries, information transfer, newsletters, etc.). The collected data may also be used for the sharing of information pertaining to current affairs in the Intellectual Property field, invitations to events related to the company’s corporate purpose and any kind of promotional material pertaining to the services provided by Clarke, Modet & Co. Colombia or any of the Clarke, Modet & Co. Group companies. The User accepts that the person responsible for the file may yield their data to the Clarke, Modet & Co. companies which are detailed online.

Clarke, Modet & Co. Colombia has adopted the security levels which are legally required to protect personal data, and applied all the means and technical measures within its reach to avoid the loss, improper use, change, unauthorised access or theft of personal data provided according to the law in force.

As a consequence of the above, the User authorises Clarke, Modet & Co. Colombia in an explicit, free, previous, voluntary and duly informed fashion to process the data they have provided in compliance with the purposes and conditions mentioned in the privacy notice, which they declare to know and agree to.

The owner of the data has the right to know of, update, rectify, revoke, solicit the suppression of, press charges, issue complaints, and other rights foreseen by Law 1581 of 2012 and its Regulatory Decree 1377 of 2013 pertaining to the provided data, via written notice sent to the Bogotá, Colombia, office, located in Cra 11 No. 86-53 or via electronic mail to info@clarkemodet.com.co.

For any other query or additional information, send a query to info@clarkemodet.com.co.

SPAIN

CLARKE, MODET & Cº PRIVACY POLICY

Identity of the data controller

Clarke, Modet & Cº España, a company established under Spanish laws as Clarke, Modet y Cía. S.L., hereinafter Clarke, Modet & Cº

Registered address and for notification purposes

C/ Suero de Quiñones, 34-36, 28002 MADRID,

CIF B-83049189

info@clarkemodet.com

Registered in the Companies Registry of Madrid, Volume 16695, Book 0, Sheet 96, Section 8, Page M-284972, Entry 1.

In compliance with the applicable data protection legislation, data processing that may be carried out is described below:

Marketing and commercial mailing

If you receive information by email related to Clarke, Modet & Cº’s activities, we inform you that Clarke, Modet & Cº shall use the data for the following purposes:

  • To keep you informed of our activities and those of the companies forming the Clarke, Modet & Cº Group, as well as any other information related to Industrial and Intellectual Property, New Technologies and related rights or new services that we believe could be of interest to you
  • To invite you to events organised by the Group
  • To carry out surveys on the quality of the services we offer, as well as implementing loyalty programmes.

We inform you that Clarke, Modet & Cº can send you information about any of the companies that make up the Group if it believes that the information provided is of interest to you and as long as it is related to services of interest.

We inform you that we can keep you informed of our activities through any means provided by you or any other similar communication system, whilst always offering the possibility of unsubscribing from these mailings.

Data acquisition during events and other cases

If you have taken part in any event organised by Clarke, Modet & Cº or have been visited or contacted by professionals from Clarke, Modet & Cº, it is possible that you have given us your personal data, as well as your email address. In this regard, Clarke, Modet & Cº shall use your data to send you the information requested, as well to keep you informed of the Group’s activity for the purposes indicated in the previous section. Your image as an assistant to the event could be used by Clarke, Modet & Cº during the event and once concluded on the web and social networks of Clarke, Modet & Cº for the promotion of the company

Training and courses organised by Clarke, Modet & Cº

If you have requested to take part in any course organised by a company forming part of Clarke, Modet & Cº, we inform you that your data will be used to coordinate your course attendance, as well as to process, if necessary, the corresponding payment.

In both cases, we inform you that Clarke, Modet & Cº can send you information about any of the companies that make up the Group if it believes that the information provided is of interest to you and as long as it is related to services of interest.

Data regarding clients and suppliers

If you have provided your data as a contact person for a client or supplier company or as an individual entrepreneur, whether as a client or supplier for any company forming part of Clarke, Modet & Cº, we inform you that Clarke, Modet & Cº shall use the data to maintain the contractual relationship, there being the possibility of keeping you informed of the group’s activities as indicated in this privacy policy.

The data provided by the client or supplier as a result of maintaining the current contractual relationship extends to not only the information of the signatory of the contracts, proposals or quotes, but to all the personal data necessary to fulfil the contractual or pre-contractual relationship. In this regard, the client shall inform the same of these conditions, if considered appropriate, guaranteeing at all times that they have the necessary consents.

Information related to candidates

If you have provided your personal information as a potential candidate to form part of Clarke, Modet & Cº, we inform you that the information shall be used to manage your candidacy to form part of Clarke, Modet & Cº or one of the companies of the Group.

Data communication

Clarke, Modet & Cº does not send personal data to third parties, except when sending the data is necessary to provide the service, for example, personal data must sometimes be sent to industrial property agents and other partners located in different countries around the world in order to provide the service requested by the client.

There is also the possibility that the data must be published by official bodies in light of the registration of intellectual or industrial property rights.

Furthermore, Clarke, Modet & Cº can send your data to the other companies of the Clarke, Modet & Cº Group in order to improve the quality of service, to inform you of new services and other information that may be of interest. On this website you can access the identity of the other companies that form part of the Group.

Similarly, Clarke, Modet & Cº can send personal data in compliance with its legal obligations to official bodies and other entities, the transfer of which is required in order to comply with the legislation in force.

Legal grounds for processing

We inform you that the legal grounds for lawful data processing is the consent given at the time and failing this, legitimate interest with regards to issues related to the mailings related to Clarke, Modet & Cº’s activities. Moreover, in the cases where handling is derived from the request for a service by the owner of the data, the legal grounds for processing shall be compliance with the contractual or pre-contractual relationship.

In any case, the owner can oppose the handling of the data at any time via the process indicated in this policy.

Data maintenance and storage

Clarke, Modet & Cº shall store the data provided while it maintains the contractual relationship that led to the processing thereof or for the years necessary to fulfil the legal obligations, attend to the duties that may be derived from the same and while the recipient does not exercise their right to suppress or oppose such processing.

Exercise of rights common to all personal data

The owner has the right to access, rectify, erase, oppose, limit the processing, portability and to lodge claims included in their rights by contacting the corresponding control authority. These rights can be exercised by writing to:

By ordinary mail:

Clarke, Modet & Cº

Attn. Data Protection Officer

C/ Suero de Quiñones, 34 – 36, Madrid 28002

By email:

dpo@clarkemodet.com

Duty to secrecy regarding data processing

At Clarke, Modet & Cº we believe that confidentiality of information is an absolutely necessary element in providing services. Therefore, people who are involved in processing clients’ information and, therefore, also regarding data related to natural persons, and directly or indirectly access the data, shall follow at all times the secrecy relating to personal data they encounter when carrying out the activity.

Duty to Secrecy constitutes an obligation for the entire Group, the members of the leadership and management bodies, the people contracted under the provisions of Labour Law, professionals providing services contracted under the provisions of Commercial Law. It also involves an obligation for goods and services suppliers and their employees, Data Processors and their employees, those the Data Processor subcontracts and their employees.

The obligation to secrecy remains after the labour or commercial relationship established with the Group, who is the File Controller, has ended, as well as after the expiry of labour and commercial contracts and so on that link employees and/or professionals to the Data Processor and the suppliers that supply goods or provide services to the Group.

Except for companies belonging to Clarke, Modet & Cº and for the purposes detailed above, and third parties that are necessary in order to provide the services, we do not sell, trade or transfer in any way your personal information to third parties. All members of Clarke, Modet & Cº value the privacy and protection of your personal information and we apply similar privacy policies.

Processing, if necessary, of data by Clarke, Modet & Cº as data processor. 

Clarke, Modet & Cº shall be considered the processor of personal data that is the responsibility of the client exclusively in the case where Clarke, Modet & Cº processes personal data that is the responsibility of the client, on behalf of the client and that is necessary for Clarke, Modet & Cº to process, under instruction from the client and in order to fulfil the contractual relationship therewith and provided that these are stored on the Clarke, Modet & Cº Group’s servers, undertaking to:

  • Use the personal data object of processing, access or viewing, or those that must be obtained, solely for the purpose of the contracted service.
  • Process the data according to the client’s instructions.
  • Keep a record of activities.
  • Maintain the duty to secrecy with respect to all the information, including personal data, to which it has had access pursuant to the present contracted service.
  • Guarantee that the persons authorised to process personal data undertake to respect confidentiality and fulfil the corresponding security measures.
  • Guarantee the necessary training in personal data protection of the persons authorised to process personal data.
  • Inform the client of the requests for rights to access, rectify, erase, oppose, limit the processing and portability of the data that owners of the data can exercise against Clarke, Modet & Cº.
  • Notify the client, without undue delay and through the email address or addresses indicated by the client, the security breaches of which it is aware and that can affect the personal data for which the client is responsible.
  • Clarke, Modet & Cº shall not send to, or allow access to the personal data for which the client is responsible, by third parties, except in legally admissible cases or when it needs to subcontract services from third parties in order to fulfil the contractual relationship with the client. In this case, Clarke, Modet & Cº shall sign the corresponding data processor contract with the subprocessor, who will observe the same conditions as those in the present document.
  • Once the service provision that lead to the access, processing or viewing by Clarke, Modet & Cº of the personal data for which the client is responsible is concluded and, in any case, when the contractual relationship has ended, for any reason, Clarke, Modet & Cº shall destroy or return the data to the client. However, Clarke, Modet & Cº may keep a copy with the data duly redacted while responsibilities may still be derived from providing the service, for the sole and exclusive purpose of legal defence, internal audit and in order to fulfil their corresponding legal obligations.
  • Maintain the necessary technical, operational and organisational security measures to guarantee continuous confidentiality, integrity, availability and resilience of the processing systems and services. Clarke, Modet & Cº shall have sufficient security measures to comply with the provisions of Art. 32 of the Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“Regulation”).
  • Comply with all the obligations established in the Regulation.

Data security

Clarke, Modet & Cº has implemented the security measures required by the regulation on personal Data Protection in their work centres, offices, systems, communication infrastructures, etc. It has also adopted the logical, physical, organisational, contractual measures that prevent third parties from accessing the data without authorisation, and the destruction, modification, reproduction, disclosure, transmission or reuse of the same.

Despite this, whenever personal information is provided online, there is the risk, which is outside of our control, that third parties can intercept this information and use it. Even though we at Clarke, Modet & Cº strive to protect personal information and your privacy, we cannot guarantee the security of the information revealed online and under your responsibility.

Monitoring and modification of the privacy policy

The Privacy Policy established by Clarke, Modet & Cº is in force as of its date of publication on the corresponding website; the user can save and/or copy it. Clarke, Modet & Cº is authorised to modify its Privacy Policy and must notify the user.

Regarding the Blog and its services

Users must access and use the blog for the purpose for which it was created and, in particular, abide fully to the laws, morals, public order and the present Terms of Use. Specifically, Users undertake to access and use the blog in accordance with the following premises:

  • The User shall not interfere with the correct operation of the blog;
  • The User shall comply with any rules applicable to access and use of the Blog, including those affecting data access, processing and transmission;
  • The User shall not use the Blog to send unsolicited emails or information or to promote or market, directly or via links, proprietary or third party goods and services whether free or in return for payment.
  • The User shall not use the Blog to supplant a third party or impersonate another, and neither shall they use it to harass, abuse or defame or engage in acts of unfair competition.
  • The User shall be the only person responsible for the opinions, comments, materials, information and/or data they include, send, transmit, exchange and use through the Blog and guarantees that said inclusion, sending, transmission, exchange or use does not infringe on any confidentiality agreement.
  • If you, as a User, are accessing the Blog on behalf and in representation of your employer, you represent and warrant that you are authorised to accept these Terms of Use on behalf and in representation of your employer.

MEXICO

Clarke, Modet & Co. México is a company established in conformity with Mexican Law, under the Clarke, Modet y Compañia de México, S.A name, based in Av. Insurgentes Sur 1647, Piso 15, Of. 1502, Col. San José Insurgentes, CP. 03900, Ciudad de México y R.F.C. CMM6805087L1, as can be ascertained from the Public Deed number 28,238, dated May the 8th, 1986, granted before the Lic. Alberto Pacheco, Public Notary number 48 of the Federal District, and inscribed in Book Third of the Section of Commerce of the Public Property Registry of the Federal District, certificate 69, page 67, volume 696.

PRIVACY ADVICE

Access on the User’s behalf to any of the services and/or web contents may require that Clarke, Modet & Co. should request some personal data which will be collected through the filling in of the forms available online.

Clarke, Modet & Co. México is dedicated to respecting the User’s privacy and to protecting his personal data, therefore, all the data which you choose to provide us with will be incorporated in a file owned by Clarke, Modet y Compañia de México, S.A for subsequent processing. The User is aware and authorises Clarke, Modet & Co. México to collect and process the solicited personal data for the purposes and under the terms displayed in each form (queries, information transfer, newsletters, etc.). The person responsible for the file may yield their data to the Clarke, Modet & Co. Group companies which are detailed online with the sole purpose of providing the services solicited by the User.

The User may exercise their access, correction, rectification, cancellation and opposition rights by communicating them to Clarke, Modet y Compañia de México, S.A., by postal service to Av. Insurgentes Sur 1647, Piso 15, Of. 1502, Col. San José Insurgentes, CP. 03900, Ciudad de México or via electronic mail to info@clarkemodet.com.mx.

Clarke, Modet & Co. México has adopted the security levels which are legally required to protect personal data, and applied all the means and technical measures within its reach to avoid the loss, improper use, change, unauthorised access or theft of personal data provided according to the law in force.

Clarke, Modet & Co. México will send our newsletter which includes innovations and news about the sector to the Users who have requested it. You may also receive communications pertaining to industrial and intellectual property, and may opt-out of these communications at any time by requesting it by electronic mail to info@clarkemodet.com.mx.

RETRIEVING DATA FROM CURRICULA VITAE

In accordance with the provisions laid down by article 6 of the Federal Law on the Protection of Personal Data, your personal data, as displayed in the Curriculum sent to Clarke, Modet & Co. México, will be incorporated in a file which Clarke, Modet & Co. México, based in Av. Insurgentes Sur 1647, Piso 15, Of. 1502, Col. San José Insurgentes, CP. 03900, Ciudad de México is liable for, for management and personnel selection purposes. By voluntarily sending said data, you authorise Clarke, Modet & Co. México to process it for the aforementioned purposes. You may also exercise your rights of access, cancellation, rectification and opposition to the processing of your data in the legally foreseen situations and by following the procedure explained in our privacy policy.

FULL INTEGRAL NOTICE

FORMATO DERECHOS ARCO

For any query or additional information, send a query to info@clarkemodet.com.mx.

PERU

Clarke, Modet & Co. Perú is a company established under Peruvian law as Clarke, Modet and Co. Perú SAC, based in Avenida Conquistadores No. 1136, Oficina 304, Distrito de San Isidro, Provincia y Departamento de Lima y con RUC No. 20256396000. Registered in Certificate No. 11086560 of the Book of Commercial Companies of the Legal Entity Registry in Lima.

PRIVACY POLICY

Access on the User’s behalf to any of the services and/or web contents may require that Clarke, Modet & Co. should request some personal data which will be collected through the filling in of the forms available online.

Clarke, Modet & Co. Perú is dedicated to respecting the User’s privacy and to protecting his personal data, in accordance with the provisions laid down by the Personal Data Protection Law No. 29733 and its Development Regulation, approved by the Supreme Decree No. 003-2013-JUS; therefore, all the data which you choose to provide us with will be incorporated in a file owned by Clarke, Modet & Co. Perú SAC for subsequent processing. The User is aware and authorises Clarke, Modet & Co. Perú to collect and process the solicited personal data for the purposes and under the terms displayed in each form (queries, information transfer, newsletters, etc.). The person responsible for the file may yield their data to the Clarke, Modet & Co. Group companies which are detailed online with the sole purpose of providing the services solicited by the User.

The User may exercise their access, correction, rectification, cancellation and opposition rights by communicating them to Clarke, Modet & Co. Perú SAC, by postal service to San Francisco No. 310, Colonia Del Valle, C.P. 03100, Ciudad de México or via electronic mail to info@clarkemodet.com.pe.

Clarke, Modet & Co. Perú has adopted the security levels which are legally required to protect personal data, and applied all the means and technical measures within its reach to avoid the loss, improper use, change, unauthorised access or theft of personal data provided according to the law in force.

Clarke, Modet & Co. Perú will send our newsletter which includes innovations and news about the sector to the Users who have requested it. You may also receive communications pertaining to industrial and intellectual property, and may opt-out of these communications at any time by requesting it by electronic mail to info@clarkemodet.com.pe.

For any query or additional information send a query to info@clarkemodet.com.pe.

PORTUGAL

CLARKE MODET & Cº PRIVACY POLICY

Identity of the entity responsible for handling the data:

Clarke Modet & Cº Portugal, a company incorporated under Portuguese law as Clarke Modet & Cº, Sociedade Unipessoal, Lda., hereinafter Clarke Modet & Cº

If you have any enquiry, please contact us at:

Av. Casal Ribeiro, Nº 50, 3ª – 1000-093 Lisboa

VAT number: 500517746

info@clarkemodet.com.pt

Registered with the Lisbon Commercial Registry under number 36826

In compliance with the applicable data protection legislation, data processing that may be carried out is described below:

Marketing and commercial mailing

If you receive information by email related to Clarke, Modet & Cº’s activities, we inform you that Clarke, Modet & Cº shall use the data for the following purposes:

  • To keep you informed of our activities and those of the companies forming the Clarke, Modet & Cº Group, as well as any other information related to Industrial and Intellectual Property, New Technologies and related rights or new services that we believe could be of interest to you
  • To invite you to events organised by the Group
  • To carry out surveys on the quality of the services we offer, as well as implementing loyalty programmes.

We inform you that Clarke, Modet & Cº can send you information about any of the companies that make up the Group if it believes that the information provided is of interest to you and as long as it is related to services of interest.

We inform you that we can keep you informed of our activities through any means provided by you or any other similar communication system, whilst always offering the possibility of unsubscribing from these mailings.

Data acquisition during events and other cases

If you have taken part in any event organised by Clarke, Modet & Cº or have been visited or contacted by professionals from Clarke, Modet & Cº, it is possible that you have given us your personal data, as well as your email address. In this regard, Clarke, Modet & Cº shall use your data to send you the information requested, as well to keep you informed of the Group’s activity for the purposes indicated in the previous section.

Training and courses organised by Clarke, Modet & Cº

If you have requested to take part in any course organised by a company forming part of Clarke, Modet & Cº, we inform you that your data will be used to coordinate your course attendance, as well as to process, if necessary, the corresponding payment.

In both cases, we inform you that Clarke, Modet & Cº can send you information about any of the companies that make up the Group if it believes that the information provided is of interest to you and as long as it is related to services of interest.

Data regarding clients and suppliers

If you have provided your data as a contact person for a client or supplier company or as an individual entrepreneur, whether as a client or supplier for any company forming part of Clarke, Modet & Cº, we inform you that Clarke, Modet & Cº shall use the data to maintain the contractual relationship, there being the possibility of keeping you informed of the group’s activities as indicated in this privacy policy.

The data provided by the client or supplier as a result of maintaining the current contractual relationship extends to not only the information of the signatory of the contracts, proposals or quotes, but to all the personal data necessary to fulfil the contractual or pre-contractual relationship. In this regard, the client shall inform the same of these conditions, if considered appropriate, guaranteeing at all times that they have the necessary consents.

Information related to candidates

If you have provided your personal information as a potential candidate to form part of Clarke, Modet & Cº, we inform you that the information shall be used to manage your candidacy to form part of Clarke, Modet & Cº or one of the companies of the Group.

Data communication

Clarke, Modet & Cº does not send personal data to third parties, except when sending the data is necessary to provide the service, for example, personal data must sometimes be sent to industrial property agents and other partners located in different countries around the world in order to provide the service requested by the client.

There is also the possibility that the data must be published by official bodies in light of the registration of intellectual or industrial property rights.

Furthermore, Clarke, Modet & Cº can send your data to the other companies of the Clarke, Modet & Cº Group in order to improve the quality of service, to inform you of new services and other information that may be of interest. On this website you can access the identity of the other companies that form part of the Group.

Similarly, Clarke, Modet & Cº can send personal data in compliance with its legal obligations to official bodies and other entities, the transfer of which is required in order to comply with the legislation in force.

Legal grounds for processing

We inform you that the legal grounds for lawful data processing is the consent given at the time and failing this, legitimate interest with regards to issues related to the mailings related to Clarke, Modet & Cº’s activities. Moreover, in the cases where handling is derived from the request for a service by the owner of the data, the legal grounds for processing shall be compliance with the contractual or pre-contractual relationship.

In any case, the owner can oppose the handling of the data at any time via the process indicated in this policy.

Data maintenance and storage

Clarke, Modet & Cº shall store the data provided while it maintains the contractual relationship that led to the processing thereof or for the years necessary to fulfil the legal obligations, attend to the duties that may be derived from the same and while the recipient does not exercise their right to suppress or oppose such processing.

Exercise of rights common to all personal data

The owner has the right to access, rectify, erase, oppose, limit the processing, portability and to lodge claims included in their rights by contacting the corresponding control authority. These rights can be exercised by writing to:

By ordinary mail:

Clarke, Modet & Cº

Attn. Data Protection Officer

C/ Suero de Quiñones, 34 – 36, Madrid 28002

By email:

dpo@clarkemodet.com

Duty to secrecy regarding data processing

At Clarke, Modet & Cº we believe that confidentiality of information is an absolutely necessary element in providing services. Therefore, people who are involved in processing clients’ information and, therefore, also regarding data related to natural persons, and directly or indirectly access the data, shall follow at all times the secrecy relating to personal data they encounter when carrying out the activity.

Duty to Secrecy constitutes an obligation for the entire Group, the members of the leadership and management bodies, the people contracted under the provisions of Labour Law, professionals providing services contracted under the provisions of Commercial Law. It also involves an obligation for goods and services suppliers and their employees, Data Processors and their employees, those the Data Processor subcontracts and their employees.

The obligation to secrecy remains after the labour or commercial relationship established with the Group, who is the File Controller, has ended, as well as after the expiry of labour and commercial contracts and so on that link employees and/or professionals to the Data Processor and the suppliers that supply goods or provide services to the Group.

Except for companies belonging to Clarke, Modet & Cº and for the purposes detailed above, and third parties that are necessary in order to provide the services, we do not sell, trade or transfer in any way your personal information to third parties. All members of Clarke, Modet & Cº value the privacy and protection of your personal information and we apply similar privacy policies.

Processing, if necessary, of data by Clarke, Modet & Cº as data processor. 

Clarke, Modet & Cº shall be considered the processor of personal data that is the responsibility of the client exclusively in the case where Clarke, Modet & Cº processes personal data that is the responsibility of the client, on behalf of the client and that is necessary for Clarke, Modet & Cº to process, under instruction from the client and in order to fulfil the contractual relationship therewith and provided that these are stored on the Clarke, Modet & Cº Group’s servers, undertaking to:

  • Use the personal data object of processing, access or viewing, or those that must be obtained, solely for the purpose of the contracted service.
  • Process the data according to the client’s instructions.
  • Keep a record of activities.
  • Maintain the duty to secrecy with respect to all the information, including personal data, to which it has had access pursuant to the present contracted service.
  • Guarantee that the persons authorised to process personal data undertake to respect confidentiality and fulfil the corresponding security measures.
  • Guarantee the necessary training in personal data protection of the persons authorised to process personal data.
  • Inform the client of the requests for rights to access, rectify, erase, oppose, limit the processing and portability of the data that owners of the data can exercise against Clarke, Modet & Cº.
  • Notify the client, without undue delay and through the email address or addresses indicated by the client, the security breaches of which it is aware and that can affect the personal data for which the client is responsible.
  • Clarke, Modet & Cº shall not send to, or allow access to the personal data for which the client is responsible, by third parties, except in legally admissible cases or when it needs to subcontract services from third parties in order to fulfil the contractual relationship with the client. In this case, Clarke, Modet & Cº shall sign the corresponding data processor contract with the subprocessor, who will observe the same conditions as those in the present document.
  • Once the service provision that lead to the access, processing or viewing by Clarke, Modet & Cº of the personal data for which the client is responsible is concluded and, in any case, when the contractual relationship has ended, for any reason, Clarke, Modet & Cº shall destroy or return the data to the client. However, Clarke, Modet & Cº may keep a copy with the data duly redacted while responsibilities may still be derived from providing the service, for the sole and exclusive purpose of legal defence, internal audit and in order to fulfil their corresponding legal obligations.
  • Maintain the necessary technical, operational and organisational security measures to guarantee continuous confidentiality, integrity, availability and resilience of the processing systems and services. Clarke, Modet & Cº shall have sufficient security measures to comply with the provisions of Art. 32 of the Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“Regulation”).
  • Comply with all the obligations established in the Regulation.

Data security

Clarke, Modet & Cº has implemented the security measures required by the regulation on personal Data Protection in their work centres, offices, systems, communication infrastructures, etc. It has also adopted the logical, physical, organisational, contractual measures that prevent third parties from accessing the data without authorisation, and the destruction, modification, reproduction, disclosure, transmission or reuse of the same.

Despite this, whenever personal information is provided online, there is the risk, which is outside of our control, that third parties can intercept this information and use it. Even though we at Clarke, Modet & Cº strive to protect personal information and your privacy, we cannot guarantee the security of the information revealed online and under your responsibility.

Monitoring and modification of the privacy policy

The Privacy Policy established by Clarke, Modet & Cº is in force as of its date of publication on the corresponding website; the user can save and/or copy it. Clarke, Modet & Cº is authorised to modify its Privacy Policy and must notify the user.

Regarding the Blog and its services

Users must access and use the blog for the purpose for which it was created and, in particular, abide fully to the laws, morals, public order and the present Terms of Use. Specifically, Users undertake to access and use the blog in accordance with the following premises:

  • The User shall not interfere with the correct operation of the blog;
  • The User shall comply with any rules applicable to access and use of the Blog, including those affecting data access, processing and transmission;
  • The User shall not use the Blog to send unsolicited emails or information or to promote or market, directly or via links, proprietary or third party goods and services whether free or in return for payment.
  • The User shall not use the Blog to supplant a third party or impersonate another, and neither shall they use it to harass, abuse or defame or engage in acts of unfair competition.
  • The User shall be the only person responsible for the opinions, comments, materials, information and/or data they include, send, transmit, exchange and use through the Blog and guarantees that said inclusion, sending, transmission, exchange or use does not infringe on any confidentiality agreement.
  • If you, as a User, are accessing the Blog on behalf and in representation of your employer, you represent and warrant that you are authorised to accept these Terms of Use on behalf and in representation of your employer.

URUGUAY

Clarke, Modet & Co. Urugay Sociedade de Responsabilidad Limitada, is a limited liability company established under Uruguayan Corporate Law No. 16.060, registered in the Legal Entity Registry, Commerce Section, under number 3506, dated Abril 12th 2011, based in Avenida Brasil 2986 oficina 804 de Montevideo. It is also registered in the Internal Revenue Service under number 216686030019 and in the Social Security Bank under number 5509279.

PRIVACY POLICY

Access on the User’s behalf to any of the services and/or web contents may require that Clarke, Modet & Co. should request some personal data which will be collected through the filling in of the forms available online.

Clarke, Modet & Co. Uruguay is dedicated to respecting the User’s privacy and to protecting his personal data, therefore, all the data which you choose to provide us with will be incorporated in a file owned by Clarke, Modet & Co. Uruguay for subsequent processing. The User is aware and authorises Clarke, Modet & Co. Uruguay to collect and process the solicited personal data for the purposes and under the terms displayed in each form (queries, information transfer, newsletters, etc.). The person responsible for the file may yield their data to the Clarke, Modet & Co. Group companies which are detailed online with the sole purpose of providing the services solicited by the User.

The User may exercise their access, correction, rectification, cancellation and opposition rights by communicating them to Clarke, Modet & Co. Uruguay, by postal service to Avenida Brasil 2986 oficina 804 de Montevideo or via electronic mail toinfo@clarkemodet.com.uy.

Clarke, Modet & Co Uruguay has adopted the security levels which are legally required to protect personal data, and applied all the means and technical measures within its reach to avoid the loss, improper use, change, unauthorised access or theft of personal data provided according to the law in force.

Clarke, Modet & Co. Uruguay will send our newsletter which includes innovations and news about the sector to the Users who have requested it. You may also receive communications pertaining to industrial and intellectual property, and may opt-out of these communications at any time by requesting it by electronic mail to info@clarkemodet.com.uy.

RETRIEVING DATA FROM CURRICULA VITAE

In accordance with the provisions laid down by Law 18.331 of August 11th, 2008 on the Protection of Personal Data, your personal data, as displayed in the Curriculum sent to Clarke, Modet & Co Uruguay, will be processed in a file which Clarke, Modet & Co. Uruguay, based in Avenida Brasil 2986 oficina 804, Montevideo is liable for, for management and personnel selection purposes. By voluntarily sending said data, you authorise Clarke, Modet & Co. Uruguay to process it for the aforementioned purposes. You may also exercise your rights of access, cancellation, rectification and opposition to the processing of your data in the legally foreseen situations and by following the procedure explained in our privacy policy.

For any queries or additional information, send a query to info@clarkemodet.com.uy.

VENEZUELA

Clarke, Modet & Co. Venezuela is a company established under Venezuelan law as Clarke Modet y Compañia de Venezuela, S.A., based in Avenida Francisco de Miranda, Torre Provincial “B”, Piso 13, Chacao, Caracas y RIF J-00051468-2, registered in the First Commercial Registry of the Capital District and State of Miranda Circuit, on April 27th, 1964, under number 12, volume 17-A.

PRIVACY POLICY

Access on the User’s behalf to any of the services and/or web contents may require that Clarke, Modet & Co. should request some personal data which will be collected through the filling in of the forms available online.

Clarke, Modet & Co. Venezuela is dedicated to respecting the User’s privacy and to protecting his personal data, therefore, all the data which you choose to provide us with will be incorporated in a file owned by Clarke, Modet & Co. Venezuela for subsequent processing. The User is aware and authorises Clarke, Modet & Co. Venezuela to collect and process the solicited personal data for the purposes and under the terms displayed in each form (queries, information transfer, newsletters, etc.). The person responsible for the file may yield the data therein to the Clarke, Modet & Co. Group companies which are detailed online with the sole purpose of providing the services solicited by the User.

The User may exercise their access, correction, rectification, cancellation and opposition rights by communicating them to Clarke, Modet & Co. Venezuela, by postal service to Avenida Francisco de Miranda, Torre Provincial “B”, Piso 13, Chacao, Caracas or via electronic mail to info@clarkemodet.com.ve.

Clarke, Modet & Co Venezuela has adopted the security levels which are legally required to protect personal data, and applied all the means and technical measures within its reach to avoid the loss, improper use, change, unauthorised access or theft of personal data provided according to the law in force.

Clarke, Modet & Co. Venezuela will send our newsletter which includes innovations and news about the sector to the Users who have requested it. You may also receive communications pertaining to industrial and intellectual property, and may opt-out of these communications at any time by requesting it by electronic mail to info@clarkemodet.com.ve.

RETRIEVING DATA FROM CURRICULA VITAE

Your personal data, as displayed in the Curriculum sent to Clarke, Modet & Co. Venezuela, will be processed in a file which Clarke, Modet & Co. Venezuela is liable for, for management and personnel selection purposes. By voluntarily sending said data, you authorise Clarke, Modet & Co. Venezuela to process it for the aforementioned purposes. You may also exercise your rights of access, cancellation, rectification and opposition to the processing of your data in the legally foreseen situations and by following the procedure explained in our privacy policy.

For any queries or additional information, send a query to info@clarkemodet.com.ve.

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