Last Revised: May 18, 2023
This Privacy and Cookie Policy (this “Policy”) describes the ways in which RPX Corporation, a Delaware corporation (“RPX”) collects, uses, and discloses information collected about you offline and in connection with your access to all online sites and services for which we link to this Policy, including https://www.rpxcorp.com (collectively, the “Website”) and the information, content and features provided through the Website (collectively with the Website, the “Services”). Throughout this Policy, “you” refers to the individual or entity that is accessing or using the Services or otherwise interacting with us. By accessing the Website, you acknowledge the applicability of the privacy practices as set forth in this Policy.
- This Policy.
a. Scope. RPX provides you access to the Services, subject to the Terms of Service. In the course of providing access to the Services, RPX may collect “Personal Information,” which means any information relating to an identified or identifiable natural person (an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, email address, location data, or to one or more factors specific to the identity of that natural person). This Policy should be read alongside our Terms of Service.
b. Changes to this Policy. RPX reserves the right to update this Policy from time to time by posting a new Policy on this page, and in some cases where changes are material RPX may also contact you via electronic mail or post a notice on the homepage to let you know of such changes. You are advised to consult this Policy regularly for any changes. Your continued use of the Services after such changes have been made constitutes acceptance of those changes.
- Collection of Information.
a. Information that You Provide. RPX collects any information that you voluntarily provide, including when you submit information to register and obtain a login for the Services, join an e-mail list or when you use the Services. Information that you may provide includes your email address, name, phone number, location, details of your education, online social accounts. RPX may also collect information that you provide by electronic mail, telephone or other means.
b. Automatically Collected Information. RPX may automatically collect certain technical information from your computer or mobile device when you use the Services, such as your Internet Protocol address, your web browser type and version, the name and version of your operating system, the pages you view on the Services, the pages you view immediately before and after you access the Services, and the search terms you enter on the Services. For example, we may collect on a real-time basis information on how you use and navigate the Services. This may include mouse movements and how you scroll through the Services, but we do not collect keystroke data. We may also infer a general location from your IP address or other information we collect. This information allows RPX to recognize you and personalize your experience if you return to the Services using the same computer or mobile device, to improve the Services, and to log your access to materials, consents, or other legal agreements governing your use of the Services.
c. Cookies. RPX may collect this information using “cookies,” which are small text files that are saved on your computer or mobile device, or similar technologies. You can disable cookies in your browser settings, but doing so may affect the functionality of the Services. RPX may also collect information from the Services and the email list using “web beacons,” which are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular website tied to the web beacon, and a description of a website tied to the web beacon or using unique links that can distinguish when individual users click the link. Web beacons and unique links, alone or in conjunction with cookies, may help RPX compile information about your interactions with electronic mail sent to you in connection with the Services.
- Uses of Information. RPX may collect, use, and otherwise process information about you for a number of purposes, including, but not limited to:
a. Accessing the Services and Providing and Improving the Services. RPX uses your information to provide you with the Services:
To administer or otherwise carry out our contractual obligations;
To respond to queries or requests and to provide support;
• To maintain functionality of our Services and products;
• To provide you information regarding our Services and products;
• To notify you about changes to our Services and products; and
• To offer our products and services to you in a personalized way and to customize your experience when using the Services.
b. Analysis. RPX uses your information for improving the quality of the Services and for internal research and development, including by (i) combining or aggregating any of the information collected through the Services or elsewhere for internal research and development, and for generating and analyzing statistics about your use of the Services and user demographics and traffic patterns; and (ii) using anonymized data that may or may not be derived from Personal Information but does not personally identify you to enhance the Services and developing new Service offerings.
c. Marketing. If you submit your information to RPX, RPX may provide you with information about the Services or required notices. In addition, RPX may use any collected information for delivering marketing communications that may be of interest to you. You have the right to ask RPX not to process your Personal Information for marketing purposes. You can also exercise the right to opt out of marketing emails at any time by contacting RPX at insight@rpxcorp.com, marketing@rpxcorp.com, or clicking “unsubscribe” at the bottom of the RPX marketing emails. Please note that if you unsubscribe from marketing emails, we may still send you administrative emails regarding the Services, including, for example, notices of updates to our Terms of Service or this Privacy Policy.
d. Security and Legal. RPX may use your information for safety and security purposes. For example, we may use your information to protect the safety and/or integrity of our users, employees, other parties, members of the public, and/or our Services. We may use your information to prevent fraud and enforce our legal terms, to verify your identity, and to comply with our legal obligations or as permitted by law.
- Disclosures of Information. RPX may disclose information about you in the following ways:
a. Affiliates. We may disclose your information to our affiliates.
b. Consent/At Your Direction. We may disclose your information to nonaffiliated parties based on your consent to do so.
c. Vendors. We may disclose your information to vendors that provide services to us. RPX engages vendors (such as hosting providers and analytics and security providers) to assist in operating and marketing the Services. RPX’s engagement of vendors is often necessary for RPX to provide the Services to you, particularly where such vendors ensure that the Services are operating and secure.
d. Security for RPX and Others. We may disclose your information for safety and security purposes, including (1) to ensure the security of the Services, (2) to detect, prevent and respond to intellectual property infringement, violations of the Terms of Service, violations of law or other misuse of the Services; and (3) when RPX believes in good faith that disclosure is necessary to protect RPX’s rights or other users of the Services, the integrity of the Services, or your safety or the safety of others.
e. Legal Requirements. We may disclose your information (a) if we believe in good faith doing so is necessary to comply with a valid subpoena, legal order, court order, legal process, or other legal obligation; (b) to enforce any of the RPX terms and conditions or policies; or (c) as necessary to resolve disputes, pursue available legal remedies or defend legal claims.
f. Business Transfer. We may disclose your information in connection with or during negotiations of any reorganization, merger, acquisition or sale, joint venture, assignment, transfer or other disposition of all or any portion of RPX’s business, assets or stock, including, without limitation, in connection with any bankruptcy or similar proceeding, provided that any such entity that RPX transfers Personal Information to will not be permitted to process your Personal Information other than as described in this Policy without providing you notice and, if required by applicable laws, obtaining your consent.
g. Aggregate/Anonymous Information: From time to time, we may disclose aggregate/anonymous information about use of the Website and Services, such as by creating reports on usage trends. The disclosure of such data is unrestricted.
- Storage.
a. Jurisdiction. Information collected through the Website will be stored in, processed in and subject to the laws of the United States, which may not provide the same level of protection for your information as your home country, and may be available to the United States government or its agencies under a lawful order made in the United States. By using the Services, you consent to such transfer to, storage in and processing within the United States.
b. Security. RPX is committed to protecting your information from unauthorized access, use or disclosure. We maintain administrative, technical and physical safeguards designed to protect the information collected through the Services; however, no information or communication communicated online can be 100% secure, so RPX cannot guarantee the absolute security of your information. In addition, RPX is not responsible for the security of information that you transmit to the Services over networks that RPX does not control, including the Internet and wireless networks.
c. Retention. RPX will not retain data longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations. Information may persist in copies made for backup and business continuity purposes for an additional period of time. If you wish to access, delete, or correct any information RPX holds about you, you may (subject to applicable law) request your information, or request deletion, removal, or correction of your information.
- Cookie Policy. This section provides RPX’s cookie policy and describes how RPX uses Cookies and similar technologies.a. Cookies. Cookies are small pieces of data that are stored on your computer, mobile phone, or other device when you first visit a page. RPX uses cookies, web beacons and similar technologies (“Cookies”) to enhance your user experience, understand your usage of the Services and to perform analytics. Some of the Cookies RPX places on your device are necessary for the functioning of the Services. RPX uses “session cookies” and “persistent cookies.” Session Cookies are temporary Cookies that remain on your device until you leave the Website or Services. A persistent Cookie may remain on your device for much longer until you manually delete it. We may use first-party Cookies and cookies operated by third parties.
b. Use. Cookies can contain the following information about you and your use of the Website: browser type, search preferences, data relating to which pages of the Services that you have visited and the date and time of your use. RPX uses Cookies for the following purposes:
• To enable and support security features, prevent fraud, and protect your data from unauthorized access.
• To enable features and help us provide you with personalized content.
• To analyze how you use the Services and to monitor site performance. These Cookies help us to identify and fix errors, understand and improve services, research and test out different features, and monitor how you reached the Services.
c. Types of First-Party and Third-Party Cookies We Use
• Essential cookies: These cookies are strictly necessary to provide you with access to and the basic use of our Services, such as access to secure areas and setting your privacy preferences. These cookies cannot be turned off.
• Performance and functionality cookies: These cookies are used to enhance the performance and functionality of our Services, but are not required for their use. However, without these cookies, certain functionality of the Services may become limited or unavailable.
• Analytics and customization cookies: These cookies help us understand how our Services are being used or how effective our marketing campaigns are, or to help us customize our Services for you.
d. Opting Out. You can control and/or delete cookies as you wish – for details, see www.aboutcookies.org. To opt out of Google Analytics cookies, please click here. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work as intended by RPX.
- Notice to Residents of the European Economic Area and United Kingdom
If you are a resident of the European Economic Area or the United Kingdom, RPX will process your Personal Information in compliance with the EU General Data Protection Regulation and United Kingdom General Data Protection Regulation (collectively, “GDPR”).
For information submitted using the Services that is not subject to a separate contract in which RPX processes such data as a data processor, RPX Corporation is the data controller, as defined under the GDPR. Where the GDPR applies, we rely on the following legal grounds to process your Personal Information:
• Contractual Commitments. We may use or disclose information to honor our contractual commitments to you. For example, to comply with our Terms, which you accept by browsing or otherwise using our Services.
• With Your Consent: Where required by law, and in some other cases, we use or disclose information on the basis of your consent.
• Legitimate Interests: In many cases, we use or disclose information on the ground that it furthers our legitimate business interests in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals, such as customer service, certain promotional activities, analyzing and improving our business and Services, providing security for our Services, preventing fraud, and managing legal issues.
• Legal Compliance: We need to use disclose information in certain ways to comply with our legal obligations.
In accordance with GDPR, where RPX processes your Personal Information as a data controller, in certain circumstances you will have certain rights, which may include the following:
i. right of confirmation;
ii. right of access;
iii. right to rectification;
iv. right to erasure;
v. right of restriction of processing;
vi. right to data portability;
vii. right to object;
viii. right to revoke consent for the processing of personal data; and
ix. right to lodge a complaint with a supervisory authority.
Please note, however, that certain information may be exempt from such requests in some circumstances, which may include needing to continue processing your information for our legitimate interests, to fulfill contractual commitments, or to comply with a legal obligation. We may request you provide us with information necessary to confirm your identity before responding to your request. To exercise these rights, please contact us at legal@rpxcorp.com.
- Notice to California Residents: California Consumer Privacy Act
This Section 8 Notice to California Residents supplements the information in our privacy policy above and, except as provided herein, applies solely to California residents. It applies to personal information we collect on or through the Services and through other means (such as information collected offline, in person, and over the telephone). It does not apply to personal information we collect from our employees and job applicants in their capacity as employees and job applicants.
The California Consumer Privacy Act (“CCPA”) requires RPX disclose information regarding the categories of personal information and sensitive personal information that we have collected about California consumers, the categories of sources from which the information was collected, the business or commercial purposes (as those terms are defined by applicable law) for which the information was collected, and the categories of parties to whom we disclose personal information.
The Privacy Policy above describes the specific pieces of personal information and sensitive personal information we collect, the sources of that information, and how we share it. Under the CCPA, we also have to provide you with the “categories” of personal information and sensitive personal information we collect and disclose for “business or commercial purposes” (as those terms are defined by applicable law). The categories of personal information are the following:
• Identifiers such as your name, email address, phone number or postal address;
• Electronic network activity such as browsing or search history, IP address and interactions with the Services;
• Commercial information, such as transactional history;
• Sensory information, such as recordings of customer support calls;
• Protected characteristics, such as when you provide us with information about your race or ethnicity;
• Documents or other information related to a legal matter or similar information such as litigation history;
• Professional, educational or employment related information including office location, job title, and/or description of role; and
• Inferences drawn from the above about your preferences, characteristics, etc.
The categories of sensitive personal information are account log-in and password or other credentials allowing access to your account.
We collect the categories of personal information identified above for the following business and commercial purposes:
• To maintain legal and regulatory compliance;
• Security detection, protection and enforcement;
• Functionality debugging/error repair;
• Customize user experience;
• Perform services for you;
• Engage in marketing activities;
• Internal research and development;
• Audit transactions; and
• Underwrite insurance applications.We collect the categories of personal information identified above from the following sources: (1) directly from you; (2) from other parties, including marketing and data partners; and (3) automatically through your use of the Services.
We describe our information disclosure practices in the Privacy Policy above. In the previous twelve months, we may have disclosed your personal information to (1) vendors that provide services to us, such as marketing partners, insurance partners; and identity verification providers; (2) government regulators; (3) law enforcement; (4) with your consent or at your direction; and (5) with other parties as required by law and for the security of RPX and others.
Verified California residents have the right to request that we:
• Provide you with the categories of personal information we have collected or disclosed about you; the categories of sources of such information; the business or commercial purpose for collecting, “selling,” or “sharing” your personal information; the categories of third parties to whom we “sell,” or with whom we “share” personal information; and the categories of personal information we “sell” or “share.”
• Provide access to and/or a copy of the personal information we have collected about you;
• Delete your personal information; and
• Correct inaccurate personal information that we maintain about you.
Please note that certain information may be exempt from such requests under applicable law. For example, we may retain certain information for legal compliance and to secure our Services. We may need certain information in order to provide the Services to you; if you ask us to delete it, you may no longer be able to use the Services.
You may have the right to receive information about the financial incentives that we offer to you, if any.
To exercise any of these rights, California residents may contact us at legal@rpxcorp.com. To enable us to process your request, we may ask you for information that allows us to reasonably verify your identity (that you are the person about whom we collected personal information) if we have not already verified your identity.
We will not discriminate against you as a result of your exercise of any of these rights.
Using an Authorized Agent. You may submit a request through someone holding a formal Power of Attorney. Otherwise, you may submit a request using an authorized agent only if (1) you provide the authorized agent with written permission to make a request and (2) you verify your own identity directly with us.
We do not “sell” or “share” personal information based on our understanding of the meaning of those terms under the CCPA. We thus do not knowingly “sell” or “share” the personal information of children under 16.
The CCPA also allows you to limit the use or disclosure of your “sensitive personal information” (as defined in the CCPA) if your sensitive personal information is used for certain purposes. Please note that we do not use or disclose sensitive personal information other than for purposes for which you cannot opt out under the CCPA.
Retention: Please see Section 5(c) above (“Retention”) for information on how we retain your personal information.
We do not currently recognize or respond to browser-initiated Do Not Track (DNT) signals.
- Third-Party Websites. The Services and communications from RPX may contain links to websites operated by other parties. You acknowledge and agree that RPX is not responsible for the collection and use of your information by such websites that are not under RPX’s control. RPX encourages you to review the privacy policies of each website you visit.
- Children’s Information. The Services are not directed to, nor does RPX knowingly collect information from, children under the age of 18. If you become aware that your child or any child under your care has provided information without your consent, please contact RPX immediately using the contact information provided below.
- Other Agreements. You may from time to time enter into binding legal agreements relating to certain Services, which may have terms that are different from those of this Policy. In the event of any inconsistency, the terms of such other agreement shall control with respect to such Services.
- Contact Information. If you have any questions about this Policy or the collection or use of information about you, please write to RPX at legal@rpxcorp.com or Four Embarcadero Center, Suite 4000, San Francisco, CA 94111.
