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Privacy Policy

NR.: 2020/04

Considering:

  • That the Director of the Bureau for Intellectual Property (the Bureau) is tasked with the policy and daily operations of the Bureau;
  • The importance of the protection of personal data;
  • The necessity to have a policy concerning the processing of personal data collected by the Bureau.

Based on:

  • Article 4, paragraph 1 of the National Ordinance Bureau for Intellectual Property;
  • The National Ordinance personal data protection.

Decided:

Paragraph 1 General provisions


Article 1 Definitions

a. The Bureau: The Bureau for Intellectual Property Sint Maarten;
b. The Supervisory Board: The Supervisory Board of the Bureau for Intellectual Property Sint Maarten;
c. Director: The Director of the Bureau for Intellectual Property Sint Maarten;
d. User: everyone who’s personal data is collected by the Bureau directly or indirectly;
e. Website: the website www.bip.sx including the successive pages of this website;
f. Processing of personal data: every action or set of actions concerning personal data, at least including the gathering, recording, organizing, saving, updating, altering, retrieving, consulting, use, provision through forward transmission, circulation or any other form of provision, compiling, relating, as well as the protection, deletion or destruction of data;
g. Third party: every person, not being the person concerned, the responsible party, the processor, or any person under the direct authority of the responsible party or the processor, who is authorized to process personal data.


Article 2 Processing Data

  1. The Bureau can process personal data for the correct performance of a duty of its public law tasks.
  2. The Bureau, as responsible party, can processes personal data.

Article 3 Correction of Data

  1. The user has the right, freely and at reasonable intervals, to address requests to the Bureau for information regarding whether personal data concerning him are processed and if necessary, correct the personal data.
  2. A fee of NAF 10 can be required per request, based on article 31, paragraph 2, National Ordinance personal data protection.

Article 4 Protection of data

  1. The Bureau will take appropriate technical and organizational measures to protect personal data against loss or any form of unlawful processing. Considering the state of the art and the costs of the implementation, these measures guarantee an appropriate level of security in view of the risks involved in the processing and the nature of the data to be protected.
  2. The Bureau will ensure that the third party complies with the applicable law and that that law gives appropriate level of protection.

Article 5 Sharing of data

The Bureau will publish a list of third parties with which the Bureau has received or shared personal data.

Article 6 Website & Social media

  1. The website of the Bureau will place functional and analytical cookies only if the user explicitly consents to the placements.
  2. If the Bureau uses other platforms to reach the public, the Bureau will strive to limit the personal data collection of the users to a minimum.

Article 7 Deviations and further information

  1. The policy will be published on the website and will be available at the office of the Bureau.
  2. The Director of the Bureau will evaluate this policy regularly. The technical and organizational measures to protect personal data will be evaluated every 6 months.
  3. Any (further) questions regarding this regulation can be send to the Bureau by emailing info@bip.sx.

Paragraph 2: Rules governing Data gathered under article 2, paragraph 1 Privacy Policy

Article 8

  1. The Burau will create a process for a user to give his unequivocal consent together with the request for a public task.
  2. The user can request the Bureau to enumerate the personal data needed for the execution of the public task.
  3. If the person concerned is a minor and has not yet reached the age of sixteen, or is under tutelage, or if a mentorship has been instituted for the person concerned, the consent of that person’s legal representative is required, rather than that of the person concerned.
  4. A consent will be registered by the Bureau. Consent may be withdrawn at any time by the person concerned or his legal representative.

Paragraph 3: Rules governing Data gathered under article 2, paragraph 2 Privacy Policy


Article 9 Sharing & receiving personal data

  1. The Bureau can, with consent of the user, share personal data, with a named third party or category of parties.
  2. The Bureau can receive and process personal data from a third party to execute tasks of the Bureau. The Bureau does not accept personal data from a third party unless the third party has received consent from the user for the transfer of the personal data.
  3. The Bureau informs the user of the receipt of the personal data.


Signed on May 25th, 2020, Philipsburg
By the Director of the Bureau for Intellectual Property