Privacy Policy

Last updated: December 9, 2019

This Privacy Policy describes how Michael C. Martensen P.C., dba Martensen IP, processes Personal Information when we provide legal services to clients, manage our business and other relationships or when you use our websites, mobile applications, newsletters or otherwise communicate with us (collectively, the “Services”). We are committed to ensuring the privacy and integrity of the Personal Information you share with us or we otherwise collect as we provide these Services.

Throughout this Privacy Policy, “Personal Information” means any information relating to an identified or identifiable individual.

1. Information We Collect
In most cases, we collect Personal Information directly from you. However, we may also obtain Personal Information about you from third parties or automatically when you interact with our Services.

Where applicable, we indicate whether and why you must provide us with your Personal Information, as well as the consequences of failing to do so. If you do not provide Personal Information when requested, you may not be able to benefit from the Services if that information is necessary to provide such Services or if we are legally required to collect it.

Below is a description of the different types of Personal Information we process and the sources from which we obtain them:

  • Clients. If you are a client of our firm, we collect your name, contact details, payment information and any other information you provide to us or we otherwise obtain from third parties (e.g., from public bodies, from the opposing party etc.) when providing legal services to you. The type of information we collect from our clients varies depending on the matter and may include information about our clients’ employees, customers, and vendors (e.g., name, contact details), communications with our client, information provided by our client, and any other information that may be relevant for the matter, including Personal Information about criminal offenses, if applicable.
  • Martensen IP business partners and vendors. We may receive contact details and payment information from business partners’ and vendors’ employees in furtherance of the relevant partner or vendor relationship.
  • Events. We collect Personal Information about you if you choose to register for an event sponsored by our firm. This Personal Information may include your name, address, title, company, phone number, and email address, as well as specific information relevant to the event for which you are registering.
  • Newsletters and informational programs. As part of our value-added services, we are pleased to offer a wide selection of newsletters, client alerts, and programs on topics of interest to our clients and others. If you sign up to receive our client alerts and newsletters focusing on key legal, regulatory, and industry trends, and our invitations to informational programs and networking events, we will ask you to provide your first and last name, company, email address and the practice areas and industries that you are interested in.
  • Communications. If you choose to contact us for any purpose including our information submittal page, we will collect your contact details, your name, and the content, date and time of your message, as well as our reply and any follow up action we take in relation to your inquiry.
  • Job applicants. If you apply for a job with us via our website, you will be asked to enter or upload your first and last name, resume and transcripts, phone, email address, law school, graduation year, application office, department, and position. You may also provide your middle name, address, country, search firm, search firm recruiter, search firm email, reference(s), a cover letter, writing sample, deal sheet and additional transcripts.
  • Other sources. We may receive Personal Information about you from other sources, including third parties that help us update, expand, and analyze our records, identify new customers, or prevent or detect fraud. We may also receive information about you from social media platforms, for example when you interact with us on those platforms or access our social media content. The information we may receive is governed by the privacy settings, policies, and/or procedures of the relevant social media platform, and we encourage you to review them.

2. Cookies and Similar Technologies
Through the use of cookies and similar technologies, we may collect your device IP address, unique device ID, hardware and software type, Internet service provider, serving domain, geographical area, location data, browser type and settings data (such as screen resolution, color depth, time zone settings, browser extension and plugins) operating system, referring URLs, search history, information on actions taken or interaction with our digital assets (e.g., page views) and dates and times of actions.

The types of cookies we use include:

  • Google Analytics to collect information about how you use our Services. We use this information to create reports and improve our Services. The cookies help us understand the number of visitors to our website and where visitors come from. To learn more about how Google uses data when you use our Services, visit https://policies.google.com/technologies/partner-sites. To opt-out from these cookies across all websites, visit http://tools.google.com/dlpage/gaoptout.

Most web browsers allow you to manage cookies through the browser settings. Be aware that, if you opt out from and do not agree to certain cookies, your experience on our Services may be diminished and some features may not work as intended depending on the cookie. To find out more about cookies, you can visit www.aboutcookies.org or www.allaboutcookies.org.

3. Use of Personal Information
We may use your Personal Information for the follow purposes:

  • To provide legal services to our clients, including to advise clients on legal matters, represent them in the context of legal proceedings such as court proceedings, arbitration and settlement, and dealings with regulatory authorities; to file patent applications; to manage and collect information for potential or actual litigation proceedings, including e-Discovery; to conduct due diligence in the context of IPOs, mergers and acquisitions and other transactions; and to process payments and advance payments on behalf of our clients.
  • For marketing purposes, including to send client alerts, newsletters and other communications to our clients and business contacts. We will send you communications that are relevant to you, based for example on the practice areas and industries you select when you subscribe to receive our communications. We may also use your Personal Information to register you for, and confirm your attendance at, events; furnish biographical details to other attendees; provide you with the opportunity to participate in on-demand learning; and assess the effectiveness of our events, promotional campaigns, and publications.
  • To manage our business relationships with customers, clients, vendors and suppliers, business partners, cooperating law firms and other contractors, including processing invoices and sending service-related communications.
  • For other business purposes, such as to provide, operate and improve our products and services, perform data analyses, detect, prevent, and respond to actual or potential fraud, illegal activities, or intellectual property infringement, defend our legal rights, and comply with our legal obligations and internal policies.

4. Legal grounds for using Personal Information
If you are located in the European Economic Area, we only process your Personal Information when we can rely on a valid legal ground such as:

  • Execution of a Contract. We need your Personal Information to provide you with our Services, including to provide legal services, to operate our website, to evaluate your job application or to otherwise respond to your queries.
  • Compliance with a Legal obligation. We are required or allowed to collect and use your Personal Information, for example to detect fraud or to comply with our tax, accounting and anti-money laundering obligations.
  • Legitimate interest. We or a third party, have a legitimate interest in processing your Personal Information. For example, we have a legitimate interest in using your Personal Information to conduct business analytics or to improve the safety, security and performance of our products and services. We only rely on our or a third party’s legitimate interests to process your Personal Information when these interests are not overridden by your rights and interests.
  • Consent. You have consented to the use of your Personal Information, for example to send you newsletters or for the use of certain cookies.

5. Disclosure of Personal Information
We may disclose Personal Information about you as described below:

  • With Martensen IP affiliates, subsidiaries, offices and representatives around the world as needed to provide legal services.
  • With third party contractors engaged by Martensen IP in the course of business (e.g., accountants, insurance companies, banks, auditors, Martensen IP’s network of external legal counsel and other professional experts, advisors and/or consultants engaged by Martensen IP).
  • With government agencies, regulators or courts, as required by applicable law and/or in the context of legal proceedings.
  • As necessary to provide legal services to our clients, including opposing counsel.
  • With event partners or co-sponsors.
  • With vendors and service providers who perform services on our behalf, including dealers, distributors, marketing and research agencies, with whom Martensen IP has a direct contractual relationship.
  • With social networks when you use your credentials to log in to some of our services (e.g., if you use your LinkedIn credentials to log in to our Alumni website).
  • When you use our Alumni website, your Personal Information may be available to other Alumni and members of the public (e.g., via the Alumni directory, your activity feed, or in comments or message boards). This information is public by default; you can change its visibility in the settings section of the Alumni website.
  • If you post other information to our website or mobile application, such as comments when using our on-demand learning tool, that information may be displayed and viewable by other users.
  • If you gave us your permission, or if we believe doing so is required or appropriate to (i) comply with laws, law enforcement requests, and legal process, such as a court order or subpoena; (ii) respond to your requests; or (iii) protect your, our or others’ rights, property, or safety.
  • In case of merger, sale, or other asset transfers. If we are involved in a merger, acquisition, financing, due diligence, reorganization, bankruptcy or liquidation where the business will not continue as a going concern, receivership, sale of Martensen IP assets, or transition of our products or services to another firm, then your Personal Information may be transferred as part of such a transaction as permitted by law and/or contract.

6. Your Rights and Choices
Depending on applicable law, you may have some rights and choices with respect to your Personal Information. Those rights may be limited by local law requirements. You may exercise these rights by contacting us as specified below.

  • Events. To update or correct the information you provide to us via our website for an event sponsored by us, you may contact the event coordinator via email or telephone. Marketing contacts for each event are listed on the Martensen IP web page. You may also re-submit your Personal Information through the website by re-registering for the event.
  • Marketing. We allow you to opt out of future communications at any time by following the opt-out instructions contained in such communications.
  • European privacy rights. If you are located in the European Economic Area, you may have the following rights to the extent provided by law:
  • Request access to and receive information about the Personal Information we maintain about you, update and correct inaccuracies in your Personal Information, restrict or object to the processing of your Personal Information, have the information deleted, or exercise your right to data portability to easily transfer your Personal Information to another company.
  • Lodge a complaint with a supervisory authority, including in your country of residence, place of work or where an incident took place.
  • Withdraw any consent you previously provided to us regarding the processing of your Personal Information, at any time and free of charge. We will apply your preferences going forward and this will not affect the lawfulness of the processing before your consent withdrawal.
  • California Privacy Rights. If you reside in California and have provided your Personal Information to us, you may request information once per calendar year about our disclosures of certain categories of Personal Information to third parties for their direct marketing purposes, if any. Such requests must be submitted to us in writing at the e-mail address indicated under How to Contact Us below.

7. International Data Transfers
If you are located in the European Economic Area, we may transfer your Personal Information:

  • To countries that have been deemed to provide an adequate level of protection of Personal Information by the European Commission;
  • To partners and vendors by relying on contracts approved by the European Commission;
  • To U.S. based partners and vendors certified under the EU-U.S. Privacy Shield framework.

You may contact us to obtain a copy of the safeguards we use to transfer Personal Information outside the European Economic Area.

8. Links to Other Websites
This website may link to websites maintained by outside organizations, including third-party social networks (such as Google+, Facebook, Twitter, LinkedIn) and our clients. Please be aware that these third-party websites are governed by their own privacy policies. Our firm is not responsible for the content or policies maintained by these websites. Please familiarize yourself with the privacy policy of any third-party website you visit, as it will govern any information you submit through that website.

9. Security
We maintain administrative, technical and physical safeguards that are intended to appropriately protect Personal Information against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the Personal Information in our possession. However, because no information system can be 100% secure, we cannot guarantee the absolute security of your information.

10. Data Retention
We take measures to delete your Personal Information or keep it in a form that does not permit identifying you when this information is no longer necessary for the purposes for which we process it, unless we are required by law to keep this information for a longer period. For example, we keep client records for the length of the client relationship and for maximum 7 years after we close the matter. When determining the retention period, we take into account various criteria, such as the nature and length of our relationship with you, mandatory retention periods provided by law and the statute of limitations, the type of Services requested by or provided to you, the possible re-enrolment with our Services, and the impact on our Services if we delete some information from or about you.

11. Changes to This Policy
We may make changes to this Privacy Policy. The “Last updated” date at the top of this page indicates when this Privacy Policy was last revised. If we make material changes, we may notify you via a notice posted on our website or other method. We encourage you to read this Privacy Policy periodically to stay up-to-date about our privacy practices.

12. Contact Us
If you have any questions about this Privacy Policy, you may contact us at:

Martensen IP
30 E. Kiowa, Suite 101
Colorado Springs, CO 80903
United States

If you are located in the European Economic Area, the entity responsible for the processing of your Personal Information is Martensen IP. If you have any questions about this Privacy Policy, or if you would like to exercise your rights to your Personal Information please contact us at Info@MartensenIP.com.


Terms and Conditions

Effective December 9, 2019
Welcome to martensenip.com (the “site”). This site is operated by Martensen IP (“Martensen IP”), a professional services corporation registered in the state of Colorado. Please read these Terms of Use carefully before using this site. By using the site, you agree to be bound by these Terms of Use. Martensen IP reserves the right to modify these Terms of Use at any time by posting modified Terms of Use, and your continued use of the site thereafter will constitute agreement with such modifications.

Nature of Information and Materials 

Although this site may provide information concerning legal issues, such information is not intended to constitute or be a substitute for legal advice from qualified counsel. You agree that Martensen IP is not engaged in rendering legal services or advice by providing the information and materials on this site, and that your use of the site does not create any attorney-client relationship between you and Martensen IP. Martensen IP assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information or material on this site. While Martensen IP takes reasonable measures to keep the information on this site accurate, complete and up-to-date, Martensen IP will not be responsible for any damage or loss related to the inaccuracy, incompleteness or lack of timeliness of the information.

Restrictions on Use of Materials
All materials contained on this site, and all intellectual property rights thereto, including copyrights, trademarks, service marks, trade names and trade dress, are owned by Martensen IP or its affiliates. You agree not to copy, reproduce, republish, transmit, modify or distribute any of the materials contained on the site, except for your personal, noncommercial use, absent the prior written approval of Martensen IP.

Links to Other sites 

This site may include links to other Internet sites that are beyond the control of Martensen IP. Martensen IP is not responsible for the content of any such sites, makes no representations regarding any such sites, and does not necessarily endorse or approve of the information, material, products or services contained on or accessible through any such sites. You acknowledge and agree that your linking to other sites, your use of such sites, and your use of any information, material, products and services offered by such sites, are solely at your own risk.

Disclaimer
The materials provided on this site are provided “as is” and without warranty of any kind, express or implied. Martensen IP disclaims all express and implied warranties with regard to the information and materials contained on this site, including without limitation implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability
In no event shall Martensen IP, or its partners or affiliates, or contributors to this site, be liable for any loss or injury, or any damages, whether direct, special, indirect, punitive, incidental, exemplary, consequential, or otherwise, whether based on breach of contract, tort (including negligence), product liability or otherwise, resulting from your access or use of this site. You hereby waive any and all such claims against Martensen IP, its partners, affiliates, and contributors. You agree that the limitations set forth above are fundamental elements of this agreement, and that the site and its materials would not be provided to you absent such limitations. Some state statutes may restrict this limitation of liability.

Indemnification
You agree that you will not use this site for any unlawful purpose, or for any purpose prohibited by these Terms of Use. You agree to indemnify, defend and hold harmless Martensen IP, its partners, affiliates and contributors from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to (i) your violation of these Terms of Use, and/or (ii) your posting or use of materials on this Site.

Governing Law and Forum 

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of law. Any dispute between you and Martensen IP regarding the content or use of the site shall be resolved by arbitration under the Commercial Rules of the American Arbitration Association, with hearings held in the English language in Colorado Springs, Colo., USA, and shall not be joined with any dispute that any other person or entity may have with Martensen IP.

Non-Waiver 

Martensen IP’s failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right.