Updated on March 29, 2023
Imprint
Herrengasse 46a
6430 Schwyz / SZ
Switzerland
phone: +41 (41) 810 28 83
company register: CH-130.3.020.454-4
VAT No: CHE-199.988.505 MWST
Certificate of registration
Tax Residence Certificate_2024-06
VAT identification certificate
Updated on February 14, 2024
Terms of use
TERMS OF USE FOR THE WEBSITE AND SERVICES OF TRADEMARK COMPARABLES AG
Welcome to www.markables.net, the website of Trademark Comparables AG. Trademark Comparables AG – having its principal offices at Herrengasse 46a, 6430 Schwyz, Switzerland – is a provider of information concerning the value of intangible assets, and related valuation parameters.
LICENSE AGREEMENT
These terms of use (the “License Agreement”) is a legal License Agreement between Trademark Comparables AG (“TCAG” or “Us”) and you (“You” or “User”), and this License Agreement governs your use of the services (including database searching, transmission, organizing, statistical analysis, etc. – the “Services”) and content (including all data, text, graphics, transmissions, photographs, news, statistics, logos, etc. – the “Content”) provided on our website www.markables.net (the “Site”). If You do not agree to the terms of use of this License Agreement, You should immediately cease all usage of the Services, Content and Site.
TCAG reserves the right, at any time, to modify, alter, or update the terms of use of this License Agreement without prior notice. Modifications shall become effective immediately upon being posted at the Site. Your continued use of the Services after amendments are posted constitutes an acknowledgment and acceptance of the License Agreement and its modifications.
Please read this License Agreement carefully. By clicking on the “I Agree – Create my account” button”, or by continuing to use this Site after your initial registration, You are binding yourself as the Licensee to the terms of this License Agreement.
Please review our Privacy Policy, which also governs your use of the Site and the Services and which is integral part of this License Agreement.
ACCESS TO THE SITE
You agree to provide complete and accurate information in your registration process, and You agree not to provide any registration information that is false, misleading or incorrect. You also agree to notify us if any of your registration information changes. If at any time we have any reason to believe that any of your registration information is inaccurate, untrue, incomplete or otherwise incorrect, we reserve the right to terminate this License Agreement and terminate your access and use of the Site and our Services. By accessing the Services and Content via the Site You represent and warrant that You are an authorized User. You will take all precautions to maintain the security of your password.
CONTENT
Our Content is based on publicly available data from the financial reporting of public companies, from corporate press releases, from websites and from other information in the public domain, which we deem reliable sources. TCAG may make modifications and/or changes in this Site or in the Content at any time and for any reason. Our Content is updated on a regular basis. TCAG endeavors to provide the most accurate, up-to-date, reliable and complete Information through this Site. However, it is expressly stated that any Information through this Site is provided on an “as is” and “as available” basis. No guarantees or assurances can be made to the accuracy or completeness of any information provided or our Content.
Each company has differing levels of reporting details. Sample Records shown on this Site are for illustration only and do not represent the number of data points available on every Record, which varies.
PAID CONTENT
Access to all search functions of this Site, and to previews/excerpts of Records, is free of charge. Access to full documents (“Records”) is granted upon payment. Access to the full content of purchased Records is provided immediately upon checkout/payment through your account. Purchased Records are accessible and downloadable for a period of 12 months after checkout.
Prices per Record and payment plans can be found in the pricing section of this Site.
PAYMENTS
Payment is made through Prepaid Accounts or Annual Subscriptions, or on a Pay-per-Record basis. Payments are made prior to the delivery of Paid Content to You. All sales and purchases are final once Payment is made and access to Records is provided. Once access to Records is technically provided, TCAG makes no refunds on Payments except as provided in paragraph TERMINATION below.
If any payments made to TCAG are subject to any withholding taxes (or similar charges or fees) of a taxing authority of a non-Swiss country, You will pay to TCAG an amount equal to such withholding taxes (or similar charges or fees), increased as necessary to ensure that the net amount actually received by TCAG equals the full invoiced amount.
REASONABLE USE
TCAG may review User’s actual use of the service. In the event that User’s actual use of a Subscription exceeds a fair and reasonable rate of usage, TCAG may terminate or limit in its sole discretion the Subscription or User’s access to the site. The actual use of an annual Subscription is assumed to be unreasonably high if the number of 1.000 downloaded records is exceeded within the 12-month Subscription period.
LICENSE GRANT AND RESTRICTIONS OF USE
Subject to the terms and conditions of this License Agreement, TCAG hereby grants You a revocable, non-exclusive, non-transferable limited license to access and use (without the right to sub-license) on a confidential, password-restricted basis, the Service, for the limited purpose of enabling You to
1. use the search functions;
2. access and analyze purchased Records;
3. download and store purchased Records as PDF files, as is necessary to comply with applicable audit, legal or regulatory requirements, professional obligations and standards and internal document retention policies;
4. share with Your Clients such downloaded Records as deemed necessary to substantiate Your deliverables, on a strict need to know and project by project basis.
TCAG does not convey any proprietary rights or other interest in the Service and Content other than this license granted herein. All information provided by TCAG on the Site as part of the Services is for informational purposes only.
By becoming a Licensee and User of the Site and of our Services, You understand, accept, and agree to the following restrictions:
5. Content can be inaccurate and/or incomplete.
6. Content can be mistakenly re-released or be delayed.
7. Content may be incorrect, misread, misinterpreted or misunderstood.
8. Content is not adapted to the use of each individual and therefore can be unsuitable for You and your specific requirements.
9. User/You are fully responsible for the selection of Records from MARKABLES and their classification as being in any way comparable or benchmarkable to your decision or valuation situation.
10. Human error is a business risk You are willing to assume.
11. Technology can fail.
12. Only one individual User can access the service with a specific password.
13. No individual may have more than one User Id within the Service.
14. A User Id may only access the Site and the Services from one computer at any given time.
15. User/You may not allow non-registered members to access the Site with your username and password, including non-employees, subcontractors or third parties as You personally will remain responsible and liable for any access to the Site and Services through your User Id and password.
16. The use of an Annual Subscription is strictly limited to You/the Registered User, or the Registered Users under a multiuser license. No other person within or outside your firm is allowed to access your subscription account with your username and password.
17. Except as provided in para 4 above, you will not directly or indirectly reuse, rebroadcast, copy or distribute (including but not limited to data, text, ideas, features, functions and graphics) outside your company including any affiliated entity, nor modify or create derivative works of the Content on the Internet, web, print or elsewhere.
18. You will not directly or indirectly frame or mirror any Content or any portion of our Site.
19. You will not directly or indirectly reverse engineer, disassemble, de-compile, translate, or attempt to derive from the source code the Content or Services or any part thereof without prior written permission of the TCAG.
20. You will use the Content and Services in a manner that complies with all applicable laws in the jurisdictions in which You use them, including application restrictions on copyright and intellectual property rights.
21. You will not systematically visit and extract our Content using Web crawling, data mining or similar techniques, nor will You directly or indirectly assemble or use the Content or Services in a manner to compete with our Services.
COPYRIGHTS
The Content and Information made available through the Services and on the Site (including all data, statistical analyses, reports, transmissions, text, graphics, user interfaces, visual interfaces, photographs, video, audio, artwork, computer and html code, programs, and software) is confidential and proprietary information and the sole property of TCAG, comprising works of original authorship, including compiled Information containing MARKABLES selection, arrangement and expression of such Information or pre-existing material it has created, gathered or assembled; and trade secret and other confidential information, including information that derives value or potential value from not being readily known or available. All Content and Information is protected by Swiss and Worldwide copyright and intellectual property laws and regulations.
Content made available to You is licensed to You by TCAG for your own personal use only and such Content may not be copied, distributed, disseminated, retransmitted, rebroadcast, republished, uploaded, posted, compiled, modified, performed, displayed, reproduced or otherwise used in any manner outside your company including any affiliated entity, and nothing shall imply any license or right otherwise.
The distribution of licensed Content between affiliated entities is permitted if the affiliation represents an offshoring whereby a User from an affiliated offshore entity does the search and download of licensed Content on behalf and for account of a contracting person employed by another entity in another jurisdiction from within the same group of companies.
Unless otherwise specifically authorized by TCAG in writing, the Content distributed via the Service may not be viewed or otherwise displayed in areas open to the public, including, without limitation, commercial establishments. You may not rebroadcast or transmit the Content or charge admission for its viewing/use. As outlined above, You may not permit other individuals to access Content and Services with your individual User account, even if your license is a company or division license. You shall not remove or permit others to remove any proprietary legend or restrictive notice from any Confidential Information, including the TCAG service. Any copies of Confidential Information made by You under the terms of this License Agreement must include the copyright, trademark, service mark, and other proprietary notices that appear on such Confidential Information, as originally provided to You.
TRADEMARKS
Trademark Comparables, MARKABLES, and all other trade dress, names, logos, and icons identifying Trademark Comparables AG and its programs, products, and services are proprietary trademarks of Trademark Comparables AG, and any use of such marks and domain names is strictly prohibited by Swiss and international trademark law. Other product and company names mentioned on the Site may be the trademarks and/or service marks of their respective owners.
TERMINATION
In the event of You acting in material breach of this License Agreement, TCAG may close your personal account and suspend or terminate the Service to You without prior notice. In such event you must destroy immediately all downloaded Content from the Site in your possession, custody or control.
TCAG may terminate the Services of this Site at any time. In such event, You will have access to your personal account for a reasonable period of 3 months after we notified YOU about such termination. In the event that you have prepaid for the Services through a Prepaid Account or a Subscription Account, You are entitled to a pro rata refund of your unused prepayment.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TCAG’s Service, including all Content, functions, materials and Information made available on or accessed through the Site, are provided on an “as is”, “as available” basis without representation or warranties of any kind whatsoever, express or implied, including without limitation, non-infringement, merchantability or fitness for a particular purpose. To the fullest extent permitted by applicable law, TCAG makes no representations or warranties of any kind regarding the use or the results of the Services, Content or its Site in terms of its correctness, accuracy, reliability, ability or failure to operate as intended, or incomplete or incorrect information, or otherwise and TCAG shall have no liability for the use of the Services, Content or the Site. You acknowledge that the Services may contain bugs, errors and other problems that could cause system failures or that the Services may not perform all functions for which it is intended or represented and the use of the Services is entirely at your sole risk.
By signing-in to the Site, You hereby assume all liabilities (financial and/or non-financial) and consequences for any losses that may arise from any information and Content provided by TCAG or your use of the Services. If You are using this Content to engage in valuations, transactions or investments, You acknowledge these activities involve a high degree of risk, and financial losses can and do occur on a regular basis and are part of the risk of valuing, transacting and investing. By signing into this Site and using the Services You agree to release TCAG and all its member contributors from any financial and non-financial liabilities. You hereby assume any and all losses or liabilities resulting from any direct or indirect valuation, transaction or investment decisions You make as a result of any information provided by TCAG, whether through the Services or otherwise. In no event shall TCAG or any of its officers, directors, employees, shareholders, affiliates or agents be liable for any direct, special, incidental, indirect, punitive or consequential damages that are directly or indirectly related to the use of, or to the inability to use, TCAG’s Service or the Content, materials and functions, including without limitation loss of revenue or anticipated profits or lost business or lost sales or goodwill. Notwithstanding the aforesaid, total liability of TCAG for any reason whatsoever shall not exceed the total amount paid by You to TCAG in connection with the subject matter of the particular dispute.
MISCELLANEOUS
This License Agreement constitutes the sole legal basis between You and TCAG for the use of the Site and its Content and replace all previous Agreements. If any provision of this License Agreement should be invalid, the validity of the other provisions shall be unaffected and remain in full force and effect. This License Agreement is governed by Swiss law and shall be interpreted and applied accordingly. By signing-in to the Service, You agree to the exclusive jurisdiction of the Swiss courts at the seat of TCAG. TCAG reserves the right to take injunctive measures or legal action at the seat of User or any other competent court.
Updated on March 8, 2021
Privacy and Data Protection Policy
PRIVACY AND DATA PROTECTION POLICY
MARKABLES.net is a website operated by Trademark Comparables AG (“Company”), a company operating under Swiss law. By accessing the website and any pages thereof (“Site”), you take note and agree that the Company collects and uses your personal data as set out in this Privacy Policy Statement (“Privacy Policy”) and the Terms of Use. By continuing to access or use this Site or by using an e-mail address provided on this Site, you take note and are consenting to our use of your personal data as described in this Privacy Policy. Please do not access this Site and do not send us your personal data if you do not want us to store or use the data described in this Privacy Policy.
This Privacy Policy is subject to amendments and changes at any time at the Company’s sole discretion. Ensure to check the Privacy Policy each time you access and/or use this Site, since any updated version applies to your access and/or use of this Site.
The Company is committed to protecting your privacy. This Privacy Policy concerns the entire online collection of personal data on this Site over the World Wide Web and describes how your personal data is collected and used and how the Company fulfills its obligations under the Bundesgesetz über den Datenschutz (DSG), or Swiss Federal Act on Data Protection (DPA).
Please note that “you” and “yours” refers to you as an individual and not to any legal or corporate entity. “We” or “our” refers only to the Company, a company incorporated in Switzerland, which owns and operates this Site.
INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
USE OF COOKIES AND SPYWARE
We never use or install spyware on your computer, nor do we use spyware to retrieve information from your computer. Like many websites, we use “cookies”, which are files stored on your computer’s hard drive by your browser. For more information, please visit our Cookies Policy.
WHERE WE STORE YOUR PERSONAL DATA
The data that we collect from you may be transferred to, and stored in, Germany (server location and other trusted third parties), Switzerland and Spain according to all relevant security guidelines By submitting your personal data you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology and we do not store any payment details; these are stored by the Payment Gateways, who are also obliged to treat their data according to all relevant security guidelines. Where we have given you (or where you have chosen) a password which enables you to access certain parts of this Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
DATA SECURITY AND CONFIDENTIALITY
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to ensure that services provided, fulfill technical and organizational security measures that are appropriate to protect your personal data, we cannot guarantee the security of your data transmitted to this Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
You may communicate with us by e-mail. E-mail messages sent over the Internet are neither confidential nor secure. They may be viewed by third parties, lost, intercepted or altered. E-mails may be transferred across national borders, even if both sender and recipient are located in the same country. We will not be liable for any damages suffered in connection with the use of e-mails or any other electronic messaging system when communicating with us.
STORAGE OF E-MAILS
All incoming and outgoing e-mail messages are automatically stored in our Electronic Message Repository for the purpose of preserving the evidential significance of e-mails. The e-mails are protected by legal, technical and organizational measure. They may only be accessed in justified cases in accordance with applicable laws and regulations (e.g. court order, suspicion of criminal conduct, breach of regulatory obligations, material breach of employment contract). Access is only granted to employees in defined functions (e.g. litigation, legal, compliance, risk). All e-mails are disposed of after a limited period of time. If you do not wish the retention of private e-mails by us, we strongly advise you not to send private, non-business related e-mails to our e-mail accounts.
USES MADE OF YOUR PERSONAL DATA
We use data held about you for the following purposes:
Through your use of this Site, we may also gather certain information about your use of the Site that does not identify you individually. Generally, this information is collected through “traffic data”. We collect and store such information automatically whenever you interact with this Site.
DISCLOSURE OF YOUR PERSONAL DATA
We will not disclose your personal data to third parties, except for the following:
PROTECTION OF CHILDREN
We do not wish to collect over this Site personal data from individuals under the age of 18. Individuals under the age of 18 are requested to receive permission from their parent or legal guardian before providing any personal data to us.
YOUR RIGHTS
You are entitled to ask for a copy of your personal data which has been collected online and in which manner the data is processed. You may also ask to have your data rectified or deleted as required by applicable data protection law. Any such request must be made in writing to Trademark Comparables AG, Herrengasse 46a, 6430 Schwyz/SZ, Switzerland, or through contact@markables.net
Updated on March 8, 2021
Cookie Policy
Cookies Policy on this Website
Cookies are small text files that are stored in a computer’s web browser memory. They help website providers with things like understanding how people use a website, remembering a User’s login details, and storing website preferences. This page explains how we use cookies and other similar technologies to help us ensure that our Service function properly, prevent fraud and other harm, and analyze and improve the Service in accordance with our Privacy Policy.
How We Use Cookies
Cookies play an important role in helping us provide personal, effective and safe Service. We use cookies on our website. We change the cookies periodically as we improve or add to our Service, but we generally use cookies for the following purposes:
a. To Operate Our Service. Some cookies are essential to the operation of our website and Service. We use those cookies in a number of different ways, including:
b. To Analyze and Improve Our Service. Cookies help us understand how to make our website and Service work better for You. Cookies tell us how people reach our website and our Users’ websites and they give us insights into improvements or enhancements we need to make to our website and Service.
c. For Better Advertising. Cookies can help us provide more effective advertising on our website. For example, we might use a cookie to help prevent You from seeing the same advertisement multiple times or to measure how many times an advertisement is viewed or clicked on.
How We Use Other Technologies
a. Third Party Analytics. We use Google Analytics, which uses cookies and similar technologies, to collect and analyze information about use of the Service and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices on the Google website. Please refer to the table below for more on how we use third party analytics.You can opt out from Google Analytics through this link: tools.google.com/dlpage/gaoptout
b. Hotjar. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device’s IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf. For further details, please see the ‘about Hotjar’ section of Hotjar’s support site.
c. Pixel tags. Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some Service to, among other things, track the actions of Users (such as email recipients), measure the success of our marketing campaigns and compile statistics about usage of the Service and response rates.
d. Flash Cookies. We may use Adobe Flash and other technologies to, among other things, collect and store information about Your use of the Service. If You want to block or control flash cookies, You can adjust Your settings.
How to Manage Cookies
Your web browser may allow You to change Your cookie preferences, including to delete and disable cookies. Please consult the help section of Your web browser or follow the links below to understand Your options, but please note that if You choose to disable the cookies, some features of our website or Service may not operate as intended.
Chrome https://support.google.com/chrome/answer/95647?hl=en
Explorer https://support.microsoft.com/en-us/products/windows?os=windows-10
Safari https://support.apple.com/kb/PH21411
Firefox https://support.mozilla.org/products/firefox/cookies
Opera http://www.opera.com/help/tutorials/security/cookies/
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Herrengasse 46a
6430 Schwyz / SZ
Switzerland