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European Communities Trade Mark Association
European Communities Trade Mark Association
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Privacy policy
1. General

1.1 This is the privacy policy of:
  • ECTA, European Communities Trade Mark Association, an association under UK law, with registered offices at 52 Kingsway Place, Sans Walk, London, EC1R 0LU, England (United Kingdom) and registered in England and Wales under number 1520996, with its general administration (ECTA Secretariat) at Rue des Colonies 18/24, 8th Floor, 1000 Brussels, Belgium, Phone: + 32/2 513 52 85; E-mail: ecta@ecta.org (ECTA UK); and
  • ECTA AISBL, an international non-profit association under Belgian law, with registered offices at Rue des Colonies 18/24, 8th Floor, 1000 Brussels, Belgium and registered in Belgium under number 0738.648.961 (ECTA Belgium);
ECTA UK and ECTA Belgium are hereinafter collectively referred to as ECTA.

1.2 ECTA promotes the knowledge and professionalism of members and owners alike in the fields of trade marks, designs, copyright and other intellectual property rights, within the European Union. ECTA has become a recognized expert spokesman on questions related to the protection and use of trade marks, designs and domain names and related rights, such as copyrights or unfair competition, in and throughout the European Union, and for example, in the following areas: harmonization of the national laws of the EU countries; Community Trade Mark Regulation and Directive; Community Design Regulation and Directive; Organization and practice of the EUIPO. ECTA organizes several events, open to member and non-members and provides for direct material in this respect.

1.3 ECTA Belgium and ECTA UK both act separately as “controller” of personal data that they process and/or obtain when you provide your personal data or when your personal data has been provided to ECTA Belgium and/or ECTA UK by other persons or through other means (e.g. by email, registration, on ECTA’s website, through personal contact, on the internet…) (“Personal Data”).

1.4 With this privacy policy ECTA informs you and/or every person of whom Personal Data is processed. This privacy policy will be provided to you physically or by electronic means and can be consulted at any time on the website of ECTA, http://www.ecta.org/ under the section “Privacy Policy”.

1.5 This privacy policy, whether obtained online or offline, can at any time be modified by ECTA, with effect for the future. Consult it therefore regularly. The modified privacy policy will be published on our website, and, if applicable, be sent to you by email. It will come into force immediately on the date of publication. This date will be mentioned at the bottom of the privacy policy. If applicable, your acceptance of the modified privacy policy will be requested. In case you do not accept a modification to this privacy policy, it might be possible that you will no longer be able to make use of ECTA’s services.

1.6 Your personal data may be processed by third parties in their own name, as a “data controller”. ECTA may refer you to such third party websites, applications or portals.

Please note that this privacy policy does not apply to such third party websites, applications or portals to which we may refer you from our services or to the services of other providers. We are not responsible for the privacy policies and practices of such third parties, even if you have accessed the third party's website, application, portal or service through links provided through our services.

In particular, ECTA may refer you to the following third parties (which list is not exhaustive):
- Zoom Video Communications, Inc.
- Cisco Webex
- GoToWebinar
- Microsoft Teams

We recommend that you check the policy of each third party and contact the relevant third party if you have any concerns, questions or complaints about the processing of your personal data. Any provider of other services such as online communication services are also individual "data controllers". You can request the privacy policies of these providers directly from them.

1.7 So please mind that this privacy policy is not applicable to services, activities or products of third parties (including websites or applications to which ECTA refers via (even permitted) hyperlinks on its website) whereto could be referred and on which another privacy policy can be applicable.


2. Legal

2.1 ECTA will use Personal Data with the highest possible care, only in accordance with privacy policy and the privacy legislation, consisting a.o. of:

(i) the Belgian Data Protection Act of July 30, 2018 on the protection of privacy in relation to the processing of personal data;
(ii) the UK Data Protection Act 2018 (2018 c.12) of May 23, 2018 on the regulation of the processing of information relating to individuals, the making of provisions in connection with the Information Commissioner’s functions under certain regulations relating to information, the making of provisions for a direct marketing code of practice and for connected purposes;
(iii) the UK Privacy and Electronic Communications (EC Directive) Regulations 2003 (2003 No. 2426);
(iv) Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“General Data Protection Regulation”);
(v) all other applicable legislation regarding the protection of privacy and the processing of personal data.

(“Privacy Legislation”).

3. Purpose

3.1 ECTA processes Personal Data in order to do one of the following:
(i) execute its activities, as described in article 1.2 and to provide (potential) products and/or services in this respect;
(ii) manage a (potential) business relationship (including the performance of an agreement entered into) with you and/or the persons of whom the Personal Data is processed;
(iii) create a member and non-member file, a participant file, a speaker file, (potential) employee file or partner file and to obtain more information hereof;
(iv) grant awards to legal scholars or students in the field of intellectual property rights and compile a database of such candidates and winners;
(v) perform market research, to better understand the needs and preferences in the fields of trade marks, designs, copyright and other intellectual property rights;
(vi) help improve its products and services;
(vii) display the resumes and/or photos of on its website or marketing material, for information on ECTA’s activities and the involvement of the persons of whom the Personal Data are processed to this extent (e.g. display speakers at ECTA’s conferences or other participation, students that have been granted an award…);
(viii) provide direct marketing regarding its activities such as updates, bulletins, newsletters, info brochures, emails, marketing materials, invitations to events, marketing material and other information that may be useful to you or the persons of whom the Personal Data is processed or the members, board members, subcontractors and contract parties (a.o. members) of ECTA;
(ix) comply with applicable legislation;
(x) transfer these to its members, board members, subcontractors and contract parties (a.o. members) of ECTA: (i) for the execution of the aforementioned points on ECTA’s behalf, (ii) to provide you direct marketing with invites and updates of its members and/or participants of ECTA events; (iii) to inform these on your activities (or these of the persons of whom the Personal Data is processed) and your (potential) business relationship with ECTA (e.g. speaker engagement);

(together or separately the “Purpose”).

3.2 ECTA may use the Personal Data for the Purpose in any way whatsoever, including:
(i) its internal use (e.g. the communication through its internal communication systems and to its internal bodies and/or staff, such as mailings to members, directors etc.) and to store these on a server accessible to ECTA (either from ECTA or from its ICT provider);
(ii) external communication (e.g. communication via email or on social media to external third parties or the public, for promotional, informative or other purposes…).

4. Legal ground and applicability

4.1 ECTA has the following legal grounds for the processing of Personal Data:

(i) the contract you have entered into with ECTA;
(ii) the free, specific, informed and unambiguous consent, from you or provided through you on behalf of the person concerned to ECTA, to process Personal Data. Such consent can be given by any means, such as, but not limited to mail, email, an online or offline consent form, a membership form or orally;
(iii) a legal obligation; and/ or
(iv) a legitimate interest of ECTA.

4.2. Your personal data may be processed by third parties in their own name, as a “data controller”. ECTA may refer you to such third party websites, applications, portals or services.

ECTA is not responsible and cannot be liable for the use of data of such third parties, even if you have accessed the third party's website, application, portal or service through links provided through ECTA’s services.

In particular, ECTA may refer you to the following third parties (which list is not exhaustive):
- Zoom Video Communications, Inc.
- Cisco Webex
- GoToWebinar
- Microsoft Teams

ECTA recommends that you check the policy of each third party and contact the relevant third party if you have any concerns, questions or complaints about the processing of your personal data. Any provider of other services such as online communication services are also individual "data controllers". You can request the privacy policies of these providers directly from them.


5. Personal Data

5.1 ECTA will collect and process all Personal Data that:
(i) are necessary for the Purpose, such as (first, middle, last) name, date of birth, gender, address, email address, phone number, language preference, company number, , bank account number, professional interests and preferences, photo, video, sound recording, bio, marketing material and/or other information provided to ECTA;
(ii) is gathered during or in the light of one of ECTA’s activities as set out in article 1.2.

5.2 You guarantee that the Personal Data you have provided ECTA with are complete and correct.

6. Image and Sound

6.1 ECTA can make use of Personal Data in picture and sound material (such as photographs, videos, sound recordings etc.) (“Image and Sound”) of persons involved in the context of its activities as set out in article 1.2.

6.2 You are aware that Image and Sound of you or of the persons from whom you have provided the Personal Data of, can be taken at any event organized by ECTA (e.g. workshops, events, seminars or on-site or at ECTA ...).

6.3 ECTA may use the Image and Sound for the Purpose, including:
(i) the use for internal purposes (internal communication systems, such as mailings to members, directors etc.) and to store these on a server accessible to ECTA (either from ECTA or from its ICT provider);
(ii) the use for external purposes such as sharing (e.g. via email or on social media, for promotional, informative or direct marketing purposes… )

7. Transfer of Personal Data to third parties

7.1 As stated above, ECTA may transfer the Personal Data to members, board members, subcontractors, contracting parties (also non-members) of ECTA and/or other third parties (e.g. visitors of the website): (i) for the execution of the aforementioned points on ECTA’s behalf (e.g. hosting the ECTA website, other ICT-purposes etc)., (ii) to provide you with direct marketing (e.g. invites and updates of its members and/or participants of ECTA events); (iii) to inform them on your activities (or these of the persons of whom the Personal Data is processed) and your (potential) business relationship with ECTA (e.g. speaker engagement, attendance of one of the events).

7.2 ECTA enters into processing agreements with its subcontractors processing Personal Data on its behalf.

7.3 Third parties to whom ECTA may, or is obliged to, transfer personal data on the basis of the above categories, can be located within or outside the European Union (e.g. for the conference registrations and for the mailing system). Those third parties’ privacy policy might be applicable.

The Personal Data may thus be transferred to companies or authorities of non-EU countries. ECTA cannot be held responsible regarding the transfer of Personal Data and cannot be liable for the further processing of the Personal Data by such third parties, except for its subcontracting parties processing personal data on ECTA’s behalf or except if this limitation of liability is not allowed under the Privacy Legislation.

ECTA will safeguard, for example through the use of standard contractual terms, that a sufficient level of data protection is ensured by the third parties to whom the Personal Data may be transferred. A copy of the standard contractual clauses is available on the European Commission website.

8. Representations and guarantees

8.1 By providing Personal Data to ECTA, you guarantee that:
(i) the Personal Data you have provided to ECTA are complete and correct; and/or
(ii) you are entitled (on behalf of the person concerned) to pass on the Personal Data to ECTA, e.g. from you, your employees, directors, partners… You hereby warrant, as far as necessary, to have obtained all necessary consents for the aforementioned transfer and you shall indemnify and hold ECTA harmless for any claim in this respect.

8.2 You are aware that a violation of this provision will be considered a serious fault.

9. Term

9.1 ECTA stores and uses Personal Data for as long as it is necessary to achieve the Purpose (and minimum during the term as provided for in the applicable legislation, or for 5 years after the agreement that you had in place with ECTA has come to an end, whichever being the longest).

9.2 When the Purpose is accomplished, ECTA will erase the Personal Data.

10. Your rights

10.1 The Privacy Legislation provides you with a number of rights regarding Personal Data. Everybody has the right, free of charge:

a. to have access to and receive a copy of his/her Personal Data;
b. to have his/her Personal Data corrected in case of errors;
c. to have his/her Personal Data erased in case:
d. Personal Data are no longer necessary to achieve the Purpose;
e. he/she withdraws his/her consent and there is no other legal ground for the processing of Personal Data;
f. he/she objects to the processing his/her Personal Data and there is no other legal ground for the processing of his/her Personal Data;
g. his/her Personal Data have been unlawfully processed;
h. there is a legal obligation to erase his/her Personal Data;
i. to have the processing of his/her Personal Data restricted;
j. to request that his/her Personal Data are transferred to a third party;
k. to object against the processing of his/her Personal Data, in particular in relation to direct marketing. This means amongst others that you can unsubscribe from newsletters, bulletins, commercial or promotional mailings or personalized ads and that ECTA can no longer send these to you/the persons of whom the Personal Data are provided to ECTA;
l. to file a complaint with the data protection authority in case you are of the opinion that the processing of its Personal Data is contrary to the Privacy Legislation. You can contact the Belgian Data Protection Authority at:
Tel: +32 (0)2 274 48 00
Fax: +32 (0)2 274 48 35
E-mail: contact@apd-gba.be

10.2 In case you one want to exercise the above rights, you can send a written, dated and signed request, with proof of identity (front of identity card), by ordinary mail to ECTA Secretariat at Rue des Colonies 18/24, 8th Floor, 1000 Brussels, Belgium, or by E-mail to ecta@ecta.org. Please note that the Privacy Legislation may impose conditions on exercising any of the above rights.

11. Storage and security

11.1 The Personal Data are stored by ECTA, and/or, its subcontractors located in or outside the EU, such as its ICT provider or its subcontractor carrying out the registrations for ECTA events (e.g. for the conference registrations and/or for the mailing system).

11.2 ECTA commits to take (or have) all reasonable measures (taken) to its best ability to safeguard the protection of the Personal Data through technical safety measures and an appropriate safety policy from destruction, loss, modification or unauthorized processing.

11.3 You acknowledge and accept that the transfer and storage of Personal Data is never without risk and consequently, ECTA cannot be held liable for the damages that you may suffer as a result of the unlawful use of your Personal Data by third parties, other than ECTA’s subcontractors.

11.4 If you are aware of any data leakage, you must immediately and no later than 2 hours inform ECTA hereof via phone + 32/2 513 52 85 or E-mail: ecta@ecta.org.

12. Severability

12.1 If any provision in this privacy policy is deemed to be unlawful or unenforceable, such provision shall be amended insofar as necessary in order to make it lawful or enforceable, while retaining the original meaning of that provision as much as possible.

12.2 Whenever possible, the provisions of this privacy policy shall be interpreted in such a manner as to be valid and enforceable under applicable law. However, if one or more provisions of this privacy policy are found to be invalid, illegal or unenforceable, in whole or in part, the remainder of that provision and of this privacy policy shall remain in full force and effect as if such invalid, illegal or unenforceable provision had never been contained herein.

13. Applicable law and competent court

13.1 You agree that all disputes between you and ECTA regarding Personal Data and privacy issues, are exclusively subject to Belgian law, excluding any conflict-of-law principles.

13.2 Every dispute regarding Personal Data and privacy issues should be submitted to the exclusive jurisdiction of the Dutch speaking courts of Brussels, Belgium, excluding any other court.