Patalyze – Privacy Policy

Version 1.0 (Current)

Effective September 9th 2024

Protecting your privacy and personal data is very important to us. We therefore only use your personal data
within the scope of legal regulations, in particular the General Data Protection Regulation ("GDPR") and the
German Federal Data Protection Act ("BDSG"). With this privacy policy, we would like to inform you -
regardless of whether you set up a Patalyze account, use our Service or visit our website - about the nature,
scope and purposes of the collection, use and processing of your personal data by Patalyze GmbH.



1. Data controller / Contact / Data Protection Officer


The data controller responsible for data processing pursuant to the GDPR, BDSG, other data protection laws
applicable in the member states of the European Union, and other regulations relating to data protection is:
Patalyze GmbH, Stadionstr. 6, 85716 Unterschleißheim, Germany
If you have any questions or concerns about privacy, please contact info@patalyze.com. For the conclusion
of a data processing agreement pursuant to Art. 28 GDPR and for general questions about our products,
please contact infor@patalyze.com. Further information on the data processing when contacting Patalyze
can be found in section 9



2. Scope of Data Protection


Data protection applies to personal data as defined by the GDPR, i.e. all information relating to an identified
or identifiable natural person. An identifiable natural person is deemed to be a natural person who can be
identified directly or indirectly, in particular by means of assignment to an identifier such as a name, an
identification number, location data, an online identifier or to one or more specific attributes.



3. Match


When using Match to map patents to product information, the texts or files you submit (Input) will not be
permanently stored and will only be kept temporarily to the extent necessary for the production and
transmission of the Output. After complete performance of the contractually agreed services all submitted
texts or documents and their improvements will be deleted, unless requested by Users with MatchPro
subscription. Customer Content will not be used to improve the quality of Patalyze’s services. For further
information on the processing of customer’s data in Match, please refer to section 7 of this privacy policy and
Patalyze’s Terms and Conditions.

Please note that according to its Terms and Conditions, you may not use Patalyze’s Service for processing
personal data of any kind.



4. MatchPro


When using MatchPro to store, organize and analyse Customer Content, the texts or files customer submits
(Input) and receives (Output) will be permanently stored and will be kept as requested by the User. The
Customer Content will not be used to improve the quality of Patalyze’s services. For further information on
the processing of customer’s data in Patalyze, please refer to section 7 of this privacy policy and Patalyze’s
Terms and Conditions.
Please note that according to its Terms and Conditions, you may not use Patalyze’s Service for processing
personal data of any kind.



5. Creating a Patalyze Account


Customer needs to create a Patalyze account for using Patalyze Services. To create the account, the
following personal data will be stored:


• E-mail address
• Password
• IP address
• First name, surname, and company name/organization name
• Address
• Payment details
• Tax numbers (where applicable)
• Patalyze purchases (where applicable)
• Possibly other, additional data you provided during the registration process.


Patalyze processes the email address, password, first name, surname, company name, address, payment
details, tax numbers, Patalyze purchases, and possibly other, additional data Customer provided during the
registration process on the basis of Art. 6 para. 1 sentence 1 lit. b) GDPR in order to perform the contract of
use. Customer’s IP address is processed in accordance with Art. 6 para. 1 sentence 1 lit. f) GDPR, as it is in our
legitimate interests to match customer’s IP address with IP addresses that have misused our service in the
past for fraud prevention purposes.


Please note that the creation of a Patalyze account is a prerequisite for using Patalyze Services, but creating a
Patalyze account does not oblige customer to purchase a subscription or Paid Tokens. Customer can delete
the Patalyze account at any time by sending an e-mail with such request to info@patalyze.com.
If Customer uses Single Sign-On (SSO) to log in to Patalyze, there is no need for a separate registration with
Patalyze. When Users log in via Single Sign-On, the Customer transmits User’s email address as well as User’s
first and last name directly to Patalyze. Patalyze processes this data on the basis of Art. 6 para. 1 sentence 1
lit. b) GDPR.


In order to process payments, Patalyze forwards the necessary payment data to Patalyze’s authorized
payment service provider Stripe Payments Europe Ltd., Block 4, Harcourt Centre, Harcourt Road, Dublin 2,
Ireland. Where necessary, Stripe will transfer the data to Stripe, Inc., located in the USA. Further information
on data protection at Stripe and compliance with the requirements of Art. 44 GDPR can be found here and
here. Patalyze has concluded a data processing agreement with Stripe, which allows Stripe to process the
data solely in accordance with Patalyze’s instructions and not for its own purposes.


In addition to the aforementioned data, Patalyze processes further (usage-)data relevant for the provision
and billing of Services, such as Customer ID, date and time of purchases of Credits, billing period, successful
payment processing, logins, Number of Documents. The processing and storage of the aforementioned data
is necessary for the conclusion of the contract as well as its performance and is therefore justified according
to Art. 6 para. 1 sentence 1 lit. b) GDPR. If User himself/herself is not a party to the contract, but Patalyze is
provided to User, e.g. by employer or an organization to which he/she belongs, Patalyze justifies the
processing of the data mentioned in section 7.1 and the aforementioned usage data via Art. 6 para. 1
sentence 1 lit. f) GDPR, as this is necessary for the performance of the business relationship with Patalyze’s
customers, i.e. User’s employer or User’s organization.


Patalyze stores the data for the duration of the contract term and subsequently, if applicable, for the duration
of statutory retention periods, insofar as these prescribe the retention for the respective types of data.
Patalyze will delete Customer’s account if requested to do so. Otherwise, Patalyze will maintain Customer’s
account so that it is available to Users in the event of a renewed use without the User having to register again.
This is in User’s as well as in our legitimate interests pursuant to Art. 6 para. 1 sentence 1 lit. f) GDPR.
In the account in the section “usage”, Users can also view data about usage behavior e.g. the Number of
Documents, number of Credits consumed and the number of Credits purchased. Patalyze justifies this data
processing via Art. 6 para. 1 sentence 1 lit. b) GDPR, insofar as it is necessary for the performance of the
contract, in particular for billing purposes or for managing the number of Credits still available. Insofar as the
processing goes beyond what is necessary for the performance of the contract, Patalyze bases the
processing on Patalyze’s legitimate interests pursuant to Art. 6 para. 1 sentence 1 lit. f) GDPR, as Patalyze
seeks to meet customers' wish to visualize information on usage behavior in a transparent manner. The
graphical representation of the development of consumption over the contract period is considered to be
also in the interest of customers.


If User’s access to Patalyze products is provided by the User’s employer or an organization to which User
belongs, it is possible that Patalyze shares data about User’s usage (e.g. Number of Credits consumed,
Number of Documents, last login date) with User’s employer or organization on request. Providing this data
corresponds to Patalyze’s legitimate interests as well as the legitimate interests of our customers in receiving
information about the use of the Services Customers have paid for.



6. Processing of Customer Content


Patalyze processes the Input Users submit to Patalyze only temporarily, insofar as this is necessary for the
creation and transmission of the Output. The processing is therefore justified by Art. 6 para. 1 sentence 1 lit. b)
GDPR. Your Customer Content will - within the framework of the contractual agreements - not be stored
permanently and will be deleted after the performance of the contractually owed service. The only exception
is if User chooses storing Customer Content, e.g. by subscription to MatchPro. In this case, Customer Content
can be saved on Patalyze servers and thus kept accessible at all times.



7. Storage of Data when Mapping Products to Patents


When using Match, section 3 of this privacy policy applies. Without MatchPro subscription, if Users map
patent documents, the Input and Output will only be processed temporarily and will be deleted 14 days after
the completion of the mapping process.
The following data is stored for each mapping process:


• Status/progress of the mapping process
• Product data
• Patent data
• Estimates of time needed for the mapping
• Number of Documents
• Errors that occurred during the mapping process


This information is processed in accordance with Art. 6 para. 1 sentence 1 lit. f) GDPR based on our legitimate
interest in improving the functionality of our products, as this makes it easier to identify any sources of error related to the translation process. The data is stored in a database that can only be accessed by selected
employees and is automatically deleted after 14 days.



8. Automatic Collection of Data via Website Access


Regardless of whether visitors have an account registered with Patalyze, devices automatically transmit

certain data for technical reasons when accessing Patalyze’s website www.patalyze.com. The following data

that visitors may send will be stored:


• Date and time of access

• Browser type and version

• Operating system

• URL of the website previously visited

• Volume of data transmitted

• Requested domain

• Notification of successful data retrieval

• Search term when using a web browser

• Abbreviated/anonymized IP

• Full IP address

• Diagnostic information in the event of errors


Processing is carried out in accordance with Art. 6 para. 1 sentence 1 lit. f) GDPR based on our legitimate

interest in improving the stability and functionality of Patalyze’s website. The data is stored for purely

technical reasons. Website access data is used for error analysis, ensuring system security, logging access to

Patalyze and for improving Patalyze’s Services. Based on visitor’s IP address, Patalyze uses geolocation to

determine the region from which visitors are visiting Patalyze’s website. Patalyze uses this information to

check whether Patalyze can offer Service in visitor’s region, which corresponds to Patalyze’s legitimate

interests pursuant to Art. 6 para. 1 sentence 1 lit. f) GDPR.. The storage of IP addresses of Users for the

duration of the contract is justified by Art. 6 para. 1 sentence 1 lit. b) GDPR.


Patalyze’s website also uses services of Cloudflare, Inc, 101 Townsend St, San Francisco, CA 94107, USA

("Cloudflare"), which operates a so-called Content Delivery Network (CDN). To protect Patalyze’s website, the

data transfer between visitor’s oder User’s browser and Patalyze servers is routed through Cloudflare's

infrastructure in order to analyze whether it is an abusive attack. As part of this analysis, visitor’s data is

transmitted to Cloudflare in encrypted form, if necessary also to Cloudflare servers in the USA. However,

since visitor/User requests and other customer data are encrypted between visitor’s/User’s end device and

the Patalyze servers, Cloudflare does not have any access to this data, but only to meta-data (such as

visitor’s/User’s IP address). Only static resources (such as graphics) are loaded directly from Cloudflare-

servers. In addition, Cloudflare determines a so-called bot score immediately before the login to Patalyze,

which is based on the analysis of the metadata of the client (browser) used. The use of Cloudflare is in

Ptalyze’s legitimate interest to secure the use of our website and to prevent and defend harmful attacks from

outside, Art. 6 para. 1 sentence 1 lit. f) GDPR. Patalyze has concluded a data processing agreement with

Cloudflare and Cloudflare may therefore only process the data according to our instructions and not for its

own purposes. You can find more information about Cloudflare's handling of personal data here.




9. Use of Cookies and other Technologies on patalyze.com and Analysis of User Behavior


9.1 Use of Cookies, Web Storage and other Technologies on patalyze.com


We use cookies, web storage objects and other technologies to provide you with a variety of features and

improve your user experience. If you do not want us to use such technologies, you can change your browser

settings accordingly. Please note that if you completely disable the use of cookies, web storage objects and

other technologies, the functionality and scope of the website may be impaired.

We specifically use cookies or web storage objects in the following categories:


• Necessary: These cookies or web storage objects are necessary for our website to work properly, to

enable smooth navigation and access our most important functions. This includes essential security

and accessibility features and preferences such as interface language as well as the handling of the

checkout process for Patalyze. The collecting of data via the necessary cookies or web storage

objects is justified according to § 25 para. 2 no. 2 TTDSG (“Telekommunikation-Telemedien-

Datenschutz-Gesetz”: German Telecommunications and Telemedia Data Protection Act). The further

processing of this data is either necessary in accordance with Art. 6 para. 1 sentence 1 lit. b) GDPR for

performing the contract or justified due to our legitimate interest in presenting our products and our

company in accordance with Art. 6 para. 1 sentence 1 lit. f) GDPR.


• Performance: These cookies or web storage objects measure how our site is used. We use this

information to improve our website and services. With these cookies we measure, for example, how

often users return and which functions they use. We and our external service providers use these

cookies or web storage objects with your explicit consent in accordance with § 25 para. 1 TTDSG. The

further processing of this data is also based on your consent, Art. 6 para. 1 sentence 1 lit. a) GDPR.


• Functional: These cookies or web storage objects enable us to provide you with enhanced

functionality and personalization on our website. For example, we can personalize your experience

based on which pages you visited. In accordance with § 25 para. 1 TTDSG and Art. 6 para. 1 sentence

1 lit. a) GDPR, we only use these cookies or web storage objects and process the data collected from

them with your explicit consent.


• Marketing: These cookies and other technologies are used to deliver advertising more relevant to

you and your interests. By selecting this category, you also consent to Patalyze sending your data to

third parties outside the EU (e.g., Google), including the sharing of hashed email addresses. In

accordance with § 25 para. 1 TTDSG and Art. 6 para. 1 sentence 1 lit. a) GDPR, we only use these

cookies, web storage objects and other technologies and process the data collected from them with

your explicit consent.


The table below lists the different types of technologies that may be used on our website. Cookies or web

storage objects are stored until the specified expiration time or until you delete them in your browser or, if it

is a session cookie, until the session has expired. You can withdraw the consent you have given for the use of

cookies, web storage objects and other technologies in the categories “Performance”, “Functional” and

“Marketing” or manage your settings at any time. You can do this by deactivating (or activating) the slide

button in the top right-hand corner of the respective category in the table below.





10 Term and Termination of this Agreement


10.1 The Agreement is concluded for an indefinite period of time. Each Party may terminate the Agreement at any time with effect to the end of the current billing period.


10.2 If the Parties agree to a fixed term, the term shall be automatically extended by the agreed fixed term unless the Agreement is terminated.


10.3 The statutory right of termination for good cause remains unaffected.


10.4 In the event

• a) of a severe, persisting, imminent or repeated material breach of these Terms and Conditions, in particular an obligation set forth in Section 8 or

• b) Patalyze has factual indication of an unauthorized automated use of the Service,

Patalyze shall be entitled to temporarily suspend Customer’s access to the Services upon prior written notice (e-mail sufficient).

Notwithstanding further rights under this Agreement, Patalyze shall restore access within a reasonable period of time if the breach does not continue, is no longer imminent, or Customer has provided a binding statement that the breach will not be repeated. In the event of an act with fraudulent intent, Patalyze is entitled to suspend Customer's access to the Services immediately and indefinitely. Customer is informed in writing (e-mail is sufficient). The suspicion of fraudulent intent is sufficient. Fraudulent intent lies in particular in the following cases:

• a) The e-mail address used for registration does not exist or is obviously not valid;

• b) The address does not exist or is invalid;

• c) Customer has registered several times in order to use the service free of charge or receive free Credits, or Customer still has open payments from other contracts;

• d) Customer uses a fraudulent, lost, stolen or blocked/inadmissible means of payment;

• e) Customer has contested or demanded the return of a payment without informing Patalyze of a valid reason for contesting or demanding the return. The suspension of Customer’s access will be upheld until Customer informs Patalyze of a valid reason.


10.5 In case Customer utilizes Services in a way in which they were not intended to (e.g., accessing Services in an automated way) or allows more Users to utilize Services than agreed, Patalyze reserves the right to disable the access and cancel the Agreement with immediate effect. In this case, Customer will be refunded not consumed paid Credits and subscription fees already paid proportionally.


10.6 Patalyze may also terminate the Customer’s account if it has been inactive for over a year and the Customer has not paid for any usage. Patalyze will provide an advance notice to the Customer in this case.



11 Warranty ("Gewährleistung")


11.1 Patalyze only assumes the liability under chargeable subscriptions for the Services to the extent set out in the following provisions.


11.1.1 If the Services provided by Patalyze are defective, Patalyze shall provide an improved or new product of its choice within a reasonable time as of receiving a written complaint from Customer. If third-party software which Patalyze has licensed from third parties is being used, procurement of publicly available upgrades, updates or patches shall be deemed sufficient.


11.1.2 Customer may reduce the agreed remuneration by a suitable amount if for reasons attributable to Patalyze, the proper provision of Services is not assured within a reasonable period of time set by Customer. The right to reduction is limited to the part of the Services which is defective as compared to the monthly remuneration.


11.1.3 If the reduction as per Section 11.1.2 continues for two (2) consecutive months, or in two (2) months of a quarter, Customer may terminate the Agreement without notice.


11.1.4 Customer shall immediately inform Patalyze of any occurring defects in writing (e-mail to info@patalyze.com sufficient).


11.1.5 Customer shall assist Patalyze in rectifying the defects free of charge, in particular by providing Patalyze with all required documents, data and other information required to analyse and correct the defects.


11.1.6 With respect to the provision of non-chargeable additional services, Patalyze shall be only liable for defects if Patalyze has maliciously concealed (“arglistig verschwiegen”) the defects.



12 Liability and Compensation


12.1 Patalyze is liable in accordance with the following provisions.


12.2 Patalyze is unlimitedly liable for deliberate acts and gross negligence by Patelyze as well as by its representative or vicarious agents, for bodily injury, death or harm to health, in accordance with the legal provisions of the German Product Liability Act (“Produkthaftungsgesetz”) as well as in the scope of a warranty expressly accepted by Patalyze.


12.3 In case of a slight negligence, Patalyze will only be liable in case of a breach of significant contractual obligations (“vertragswesentliche Pflichten”). In the said case, the liability of Patalyze will be limited to the typical and foreseeable damage at the time the contract has been entered into. A significant contractual obligation within the meaning of this section corresponds to an obligation the fulfilment of which permits the proper performance of the contract in the first place and on the fulfilment of which the other party regularly relies and may rely.


12.4 In the case of Section 12.3, Patalyze assumes no liability for lack of commercial success, lost profits, and indirect damages.


12.5 If Customer is an entrepreneur pursuant to Section 14 German Civil Code (“BGB”) the Parties agree that the typical and foreseeable damage per year within the meaning of Section 13.3 is limited to the amount paid by Customer to Patalyze for the Service during 12 months prior to the damage.


12.6 Any further liability by Patalyze will be excluded. The output is provided “as is” and for informational purposes only. No guarantee is given that the Output is free of errors or omissions. Any Output is no substitute for legal advice. Patalyze disclaims any and all liability for any direct, indirect, incidental, or consequential damages arising out of or in connection with the use of the Output.


12.7 The liability limitations mentioned above will apply accordingly to the employees, contractors and other vicarious agents of Patalyze.



13 Amendements


13.1 Patalyze can modify and adapt the present Terms and Conditions with effect for the future in the event there is any valid reason for the modification and if the said modifications are reasonable considering the interests of both contracting parties. A valid reason especially exists in case of a significant disruption of the equivalence relationship of the Agreement which had been unforeseeable for Patalyze at the date it entered into the Agreement, is required because of technical or legal modifications or in order to integrate new features which are additionally provided after having entered into the Agreement and which require contractual regulations. The modification of a major contractual obligation (“Hauptleistungspflicht”) shall be excluded.


13.2 Patalyze will submit the modified terms and conditions in text form to the Customer at least eight (8) weeks before they are planned to come into force and will make a separate reference to the new provisions and to the date of their entry. Patalyze will grant the Customer a reasonable duration of time of at least eight (8) weeks in order to make the declaration about whether the Customer accepts the amended terms and conditions for the further use of the Services. If no declaration is made within this period, which shall commence running from the receipt of the notification in text-form, the modified terms and conditions shall be deemed as stipulated. Patalyze shall separately advise Customer at the commencement of the notice period as to this legal consequence, i.e., the right of objection, the objection period, and the consequences of a failure to object. In case the Customer objects to the modification within the said period, the Agreement may be terminated by either party without notice in the event the adherence to the agreement is unreasonable after having weighted the interests of both parties.



14 Final Provisions


14.1 Terms and conditions of Customer shall not be part of this Agreement, unless Patalyze has expressly agreed in written form.


14.2 Amendments to this Agreement and any side agreements, including the Service Specification, the main body of this Agreement and any potential appendices, must be in written form. This also applies to a waiver of this written form clause.


14.3 Customer may only settle claims against Patalyze or claim a right of retention if its counter claim is uncontested, subject of a legally enforceable final judgment or the counter claim is in a mutual relationship to the respective affected claim.


14.4 This Agreement shall be exclusively governed by the law of the Federal Republic of Germany excluding CISG and conflict of law provisions.


14.5 The exclusive legal venue for all disputes resulting from or in connection with this Agreement is Munich.