Alibaba IP Protection Platform Privacy Policy

2018-10-30

Companies owned by the Alibaba Group (hereinafter referred to as “Alibaba”, “we” and “us”) operate e-commerce platforms in different jurisdictions in accordance with applicable local laws and regulations. Such e-commerce platforms include, but are not limited to, Taobao Marketplace (http://www.taobao.com), Tmall.com (http://www.tmall.com), Alibaba.com China (http://www.1688.com), AliExpress (http://www.aliexpress.com), Alibaba.com International (http://www.alibaba.com) and other websites /services that may be launched subsequently (hereinafter referred to as “E-commerce Platforms”).

The IP Protection Platform of Alibaba (http://ipp.alibabagroup.com) (“IPP Platform”) allows registered users on Alibaba’s E-commerce Platforms and other intellectual property (“IP”) rights owners or their licensees to file a complaint to Alibaba through the platform about suspected intellectual property infringements. The IPP Platform can also be used to apply for the registration of the relevant IP rights. TaoProtect®(http://qinquan.taobao.com) and AliProtect®(http://legal.alibaba.com) are also part of the IPP Platform.

This Privacy Policy describes how the IPP Platform collects and processes the personal information of a user (“you” or “your”). “Services” refers to any services rendered by us, including your visit to our websites (https://ipp.alibabagroup.com/, http://legal.alibaba.com and http://qinquan.taobao.com).

This Privacy Policy will help you understand the following contents:
I. How we collect and use your personal information?
II. How we use cookie and similar technologies?
III. How we share, transfer and disclose your personal information?
IV. How we protect your personal information?
V. How you can manage your personal information?
VI. International transfer of your personal information
VII. Information for EEA Residents Only
VIII. How we update this Privacy Policy
IX. How to contact us?



I. How We Collect and Use Your Personal Information?
We may collect and use your personal information for the following purposes set out in this Policy:
1. To Register an Account
To become a registered user of the IPP Platform for the purpose of using our services, you must provide information such as your country of residence (mainland China /other), type of account (whether the account is registered for an individual or for an enterprise), applicant type (whether the account is registered for IP rights owners/licensees) and email address. The IPP Platform will then ask you to set up a password.

If you only intend to use basic services such as browsing and searching, you do not need to sign up for the IPP Platform or provide any of the information mentioned above to us.
2. To Verify Your Identity
In accordance with legal requirements for submitting qualified notices by rights owners, when a rights owner or a licensee of such IP rights creates an account on the IPP Platform, he or she shall provide his/her identity information and IP certificates to prove the authenticity and validity of the corresponding rights.

To prove that you are entitled to file an application to protect your IP rights, we need to verify your identity. For this purpose, you must provide us with the following information:

(1) If you are an individual from Mainland China: name, national identification number (“ID number”), verification of identify through facial recognition.
(2) If you are an sole proprietorship from Mainland China: name and ID number of the operator, and information on business license /copy of business license.
(3) If you are an enterprise from Mainland China: name and ID number of its legal representative, information on business license /copy of business license, and enterprise email address (optional).
(4) If you are an individual from outside of Mainland China: name, national identification card (“ID card”) number, address, and copy of ID card.
(5) If you are an enterprise from outside of Mainland China: enterprise name, enterprise registration number, address, enterprise email address (optional), and copy of enterprise registration certificate.

3. To Provide the IP Rights Protection Service to You
To provide the IP rights protection services to you, we may need you to provide us the following information about the IP rights through the IPP Platform:
(1) Trademark: the place where the trademark is registered (Mainland China, Hong Kong or Macao Special Administrative Region of the People's Republic of China, or other countries/regions), and basic information regarding such trademark (including to upload copies of the trademark registration certificate and the page regarding trademark classes);
(2) Copyright: the place where the copyright is registered (Mainland China, Hong Kong or Macao Special Administrative Region of the People's Republic of China or countries/regions), and basic information regarding such copyright (including to provide information about the name, serial number and author of such copyrighted work, and to upload the copyrighted works and other supporting documents);
(3) Patent: the place where the patent is granted (Mainland China, Hong Kong or Macao Special Administrative Region of the People's Republic of China, or other countries/regions), and basic information regarding such patent (including to provide information on patent type, patent name, patent number, patent owner and patent term expiration date and to upload the patent certificate);
(4) Other intellectual property rights: the place where the intellectual property right is granted (Mainland China, Hong Kong or Macao Special Administrative Region of the People's Republic of China or other countries/regions), and basic information regarding such intellectual property right (including to provide the name, serial number, right holder and valid term of such intellectual property right, and to upload the content and supporting documents of such IP rights);

If we need to deliver relevant services through a third party, we will, after obtaining your consent, share the aforementioned information with such a third party. If you refuse to provide such information, we may not be able to provide relevant services to you.
4. Apply for IP Right Registration on Your Behalf
In addition to the services mentioned above, the IPP platform can also provide IP registration services to you. You may click on the IP registration application button on the IPP platform to access Alibaba IP Innovation Protection Platform (https://ipr.taobao.com) and apply for a domestic trademark, or to apply for the registration of trademarks in multiple jurisdictions through the Madrid system for the international registration of trademarks.

When you submit your trademark application, you may need to provide the following information:
(1) Application by individuals: name of the applicant (English and Chinese names), passport or ID number, telephone number, email address, fax (optional), address, post code; name, telephone number, email address, address and post code of (domestic) contact person; copies of your passport or ID card (both sides and signature required, to be uploaded to the platform); or copies of the sole proprietorship’s business license and its duplicate copies (signature required, to be uploaded to the platform).
(2) Application by enterprises: name of the applicant (English and Chinese names), business license number, telephone number, email address, post code, fax (optional), registered address; name, mobile phone number, email address, address and post code of (domestic) contact person; copies of incorporation certificate and its Chinese translation (for enterprises registered outside of China, to be uploaded to the platform) or copies of the duplicate copy of the sole proprietorship’s business license affixed with corporate seal (for Chinese sole proprietorship, to be uploaded to the platform).
(3) Full trademark information.

You may also use the IPP platform to apply for trademarks on behalf of other people. You need to submit the information of the applicant on whose behalf you are submitting the application as set out above. Before providing the above information to the IPP platform, you need to make sure that you have received the authorization from the applicant to do so.

The trademark application service will be provided by Hangzhou Sebe Intellectual Property Service Co., Ltd. or other third-party trademark agencies. By submitting your application, you agree to share the above information to third-party trademark agencies.
5. Other Information Collected By Us
To provide the IP rights protection services to you or to identify abnormal accounts, we may collect the following information that is generated when you use the IPP Platform:
(1) Location information of your device: such as IP address.
(2) Log information: When you use the products or services on our website, we will collect information such as your browsing history, IP address, type of browser, language used, date and time of your access.
(3) When you contact us, we may record your communication with us, retain the records of such communication and the contact information you provided, to help us resolve the issues you raised.
6. Other Purposes
If we use your personal information in other ways that are not mentioned in this Privacy Policy or use your personal information for new purposes that are different from the purposes determined at the moment of collection, we will obtain your consent for such use.

We may collect and use your personal information without obtaining your consent when the collection and use of your personal information is for purposes that are:
(1) directly related to national security and national defense;
(2) directly related to public safety, public health and major public interest;
(3) directly related to criminal investigation, or law enforcement actions;
(4) related to the protection of your significant legal rights and interest or that rights or interests of other individuals, and when it is difficult to obtain consent;
(5) otherwise allowed by applicable law.

If we decide to no longer provide IPP platform services, we will stop collecting your personal information right away and notify you either individually or through announcements. We will also delete or anonymize any personal information about you, except if we are required to keep it by law, regulation or court order.
7. Personal Sensitive Information
We may collect personal sensitive information about you, such as your name, passport or ID number, telephone number, email address and facial recognition information. We will only collect and use your personal sensitive information for the purposes set out in this Privacy Policy.
8. Retention of Your Personal Information
Your personal information will be retained for as long as necessary to provide the IPP Platform services. We will delete or anonymize your personal information after we can no longer retain such information, except if we are required to keep it by law, regulation or court order.
II. How We Use Cookie or Similar Technology
To ensure the proper functioning of our websites and offer you a user friendly experience, we will store small data files named “cookie” on your computer or mobile device. A cookie usually includes an identifier, the site name and some numbers and characters. Cookies enable the websites to store your data such as your log-in information.

You can manage or delete cookies based on your web browser’s preferences. For more details, please refer to AboutCookies.org. Through your web browser’s preferences you will be able to remove all cookies stored on your computer. Most web browsers also provide the feature of blocking or rejecting cookies. However, if you do so, you will need to change the user settings each time you access our websites. For detailed information on how to change your web browser’s settings, please refer to your browser’s help pages.
III. How We Share, Transfer and Publicly Disclose Your Personal Information
1. Sharing
To provide you with our services through your linked accounts, to review the IP rights claims you submitted to us and to protect other users’ personal and property security as well as public interest, your personal information may be shared with other legal entities within the Alibaba Group. We will not share your personal information with any company, institution or individual other than legal entities within the Alibaba Group (including but not limited to Alibaba.com Hong Kong Limited, Hangzhou Alibaba Advertising Co., Ltd., Taobao China Holding Limited, Zhejiang Taobao Network Co., Ltd., Zhejiang Tmall Network Co., Ltd. and/or their affiliates or subsidiaries.), except under the circumstances below:
(1) Sharing of personal information with your consent: we may share your personal information with third parties if we obtained your consent for the sharing.
(2) For the purpose of processing your infringement claims, your personal information may be disclosed to or shared with the individual or enterprise against which you filed your claims. We will only share the personal information that you authorize us to share, including for example your name, telephone number and email address.
(3) Sharing of personal information to meet legal requirements: we may share your personal information as required by laws or regulations, in the litigation or dispute resolution context, or to fulfill the requests from governmental or judicial authorities.
(4) Sharing of personal information with third-party trademark agencies: when you use our trademark registration service, we will share part of your personal information with third-party trademark agencies such as Hangzhou Sebe Intellectual Property Service Co., Ltd. We will require third-party trademark agencies not to use the shared personal information for purposes other than the trademark registration.
(5) Sharing with other third-party vendors: To provide you with IPP platform services, we may also need to share your personal information to other third-party vendors.

We will only share personal information about you that is necessary for providing our service (for example, share your necessary IP information to the e-commerce platform to resolve IP disputes) and will required personal information recipients to take measures to protect the confidentiality and security. We will obtain your separate explicit consent if we share your personal sensitive information or change the purpose for the processing and use of your personal information.
2. Transfer
We will not transfer your personal information to any company, institution or individual unless we have obtained your consent.

If we undergo a merger, acquisition or reorganization, and your personal information is transferred to other parties, we will make sure that these third parties continue to comply this Privacy Policy, or otherwise require them to obtain your consent separately.
3. Public Disclosure
We may publicly disclose your personal information when we have obtained your explicit consent or when you voluntarily choose to do so.
IV. How We Protect Your Personal Information
The security of your personal information is important to us. We have employed reasonably practicable security and management measures that are in line with industry standards to protect your personal information and prevent your personal information from unauthorized access, public disclosure, use, modification, damage or loss.

We have established an emergency response mechanism for information security incidents such as data breaches. In case of personal information security incident, we will inform you of the basic situations of the security incident, its possible impacts, and the measures we have taken or will take in accordance with the requirements of applicable laws and regulations. We may inform you of the incidents by email, correspondence, telephone, push notification or announcements. At the same time, we may also report the security incidents to competent regulatory authority when required by applicable laws and regulations to do so.
V. How You Can Manage Your Personal Information
You can manage your personal information through the following manners:

1. Access your personal information
You have the right to access your personal information, except as otherwise provided by applicable laws or regulations. You can access your personal information through following means:

If you want to access or edit your basic account information, the contact information disclosed to the parties against whom you submitted a claim or to the IPP Platform, or if you want to change your passwords, you can log on your account and make these changes in the “account settings” of the User Center.
2. Correct or supplement your personal information
If the personal information we have about you is incorrect, you have the right to require us to correct or supplement it. You can make such request as explained in the above section “(1) Access your personal information.”
3. Deletion of your personal information
You can delete some part of your personal information through the User Center as describe in the above section “(1) Access to your personal information.”
You can request us to delete all of your personal information under the following circumstances:
(1) If our processing of personal information violates applicable laws or regulations;
(2) If our processing of personal information is in material breach of our agreement with you;
(3) If you no longer use our products or services;
(4) If we no longer provide services to you.

If we determine to respond to your request for deletion, we will notify the parties that receive your personal information from us and request them to delete your personal information in a timely manner, except as otherwise provided by appliable laws or regulations or when these parties have obtained your separate authorization.
4. Complaints
If you have any concerns or questions about our services, you can contact us by sending email to ipr@alibaba-inc.com.
5. Respond to your requests
For security purposes, you may need to provide a written request or prove your identity through other means. We may require you to verify your identity first and then handle your request. We will respond to your request within 30 days. No fees will be charged by us for your reasonable request. However, for unreasonable multiple and repetitive requests, a fee may be charged.
VI. International Transfer of Your Personal Information
Your personal information that is collected and generated from our operations in China will be stored in China, except:

(1) where laws or regulations provide otherwise;
(2) where your consent is obtained;
(3) where you conduct proactive activities, such as conducting online cross-border transactions.

For the circumstances above, we will ensure that your personal information will remain protected at sufficient level in accordance with this Privacy Policy.
VII. Information for EEA Residents Only
Legal Basis for Processing Personal Information
Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.

However, we will normally collect personal information from you only (i) where we need the personal information to perform a contract with you, (ii) where the processing is in our legitimate interests and not overridden by your rights, or (iii) where we have your consent to do so. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person.

If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided below.

Safeguards for Personal Information Transfers
If you are a resident of the EEA, we have taken appropriate safeguards to ensure that your personal information will remain protected in accordance with this Privacy Policy. These safeguards include implementing the European Commission’s Standard Contractual Clauses for transfers of personal information, which require all companies to protect personal information they receive and process from the EEA in accordance with European Union data protection law. If you would like to obtain a copy of, or more information about, these safeguards, please contact us using the contact details provided below.

Retention Periods
We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal or accounting requirements) or are required by law or court order to retain the information.

When we have no ongoing legitimate business need to process your personal information, or are not legally or by judicial order required to keep your information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

Information Protection Rights
If you are a resident of the European Economic Area, you have the following rights with respect to your personal information:

1. If you wish to access, correct, update or request deletion of your personal information, you can do so at any time through the methods described in Section V or by contacting us using the contact details provided below.
2. In addition, you can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information. Again, you can exercise these rights by contacting us using the contact details provided below.
3. If we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
4. You have the right to lodge a complaint with your supervisory authority about our collection and use of your personal information. For more information, please contact your local supervisory authority.
VIII. How We Update This Privacy Policy
We may periodically review this Privacy Policy and reserve the rights to amend and change this Privacy Policy. Any changes to this Privacy Policy will be made public on our platforms. In the event of material changes, we will provide more prominent notice (including pop-up reminders).
IX. How to Contact Us
You can contact us by sending an email to ipr@alibaba-inc.com and we will respond to your request within 30 days, unless otherwise permitted by applicable laws and regulations.