PRIVACY POLICY
Data protection and your privacy is important to us.
Our primary use of personal data is for our mailing lists. If you want to be removed please click on the link in the email. You can contact us anytime here. We aim to reply within 48 hours after receipt of your inquiry.
The use of the Internet pages of Ace NextGen is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via this website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, company name, or e-mail address, of a data subject shall always be in line with the Federal Trade Commission Act (15 U.S. Code § 41 et seq.) and in accordance with the country-specific data protection regulations applicable to us. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, Ace NextGen has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed.
1. DEFINITIONS
The data protection declaration of Ace NextGen is based on the terms used by the Federal Trade Commission Act (15 U.S. Code § 41 et seq.). Our data protection declaration should
be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used. In this data protection declaration, we use the following terms:
A) PERSONAL DATA
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
B) DATA SUBJECT
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
C) PROCESSING
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
D) RESTRICTION OF PROCESSING
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
E) PROFILING
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular
to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.
F) PSEUDONYMISATION
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
G) CONTROLLER OR CONTROLLER RESPONSIBLE FOR THE PROCESSING
Controller or controller responsible for the processing is the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
H) PROCESSOR
Processor is a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.
I) RECIPIENT
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
J) THIRD PARTY
Third party is a natural or legal person, public authority, agency, or body other than the data subject, controller, processor and persons who, under the direct authority of the controller orprocessor, are authorized to process personal data.
K) CONSENT
Consent of the data subject is any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. NAME AND ADDRESS OF THE CONTROLLER
Controller for the purposes of the Federal Trade Commission Act (15 U.S. Code § 41 et seq.), other data protection laws applicable in Member states of the United States of America and other provisions related to data protection is:
ACE NEXTGEN
PO Box 51471
Boston MA 02205
further described as “we.”
3. PERSONAL INFORMATION WE COLLECT AND HOW WE COLLECT IT
We collect various personal information regarding you. This includes the following:
A. PERSONAL INFORMATION YOU PROVIDE
When you use our Services, we collect information from you in a number of ways. For instance, we ask you to provide your name and email address to register for our newsletter. We also maintain your marketing preferences and the emails and other communications that you send us or otherwise contribute, such as customer support inquiries or posts to our customer message boards or forums. You might also provide us with information in other ways, including by responding to surveys, submitting a form or participating in contests or similar promotions.
This information includes:
– Information you provide to sign up for our newsletter service, specifically your email address, first name, last name, and company name.
– The emails and other communications that you send us or otherwise contribute, such as customer support inquiries or in the comment section of our publications. Please be aware that information on public parts of our sites is available to others.
– Information we get from our partners to support our marketing initiatives, improve our Services and better monitor, manage, and measure our ad campaigns, such as detailsabout when our partner shows you one of our ads on or via its advertising platform.
BACKUP SAVING AND MANAGEMENT
BACKUP ON GOOGLE DRIVE
PERSONAL DATA: VARIOUS TYPES OF DATA AS SPECIFIED IN THE PRIVACY
POLICY OF THE SERVICE
CONTACTING THE USER
CONTACT FORM
GMAIL: PERSONAL DATA: EMAIL ADDRESS, FIRST NAME, LAST NAME, COMPANY
NAME
MAILING LIST OR NEWSLETTER
MAILCHIMP: PERSONAL DATA: COUNTRY, STATE, EMAIL ADDRESS, USAGE DATA
PLATFORM SERVICES AND HOSTING
SHOPIFY
B. PERSONAL DATA: VARIOUS TYPES OF DATA AS SPECIFIED IN THE PRIVACY
POLICY OF THE SERVICE
PERSONAL INFORMATION OBTAINED FROM OTHER SOURCES
SQUARESPACE
PERSONAL DATA: VARIOUS TYPES OF DATA AS SPECIFIED IN THE PRIVACY POLICY OF THE SERVICE
B. PERSONAL INFORMATION OBTAINED FROM OTHER SOURCES
If you use a Third Party Service (such as Google) to register for our newsletter, the Third Party Service may provide us with your Third Party Service account information on your behalf, such as your name and email address (we don’t store passwords you use to access Third Party Services). Your privacy settings on the Third Party Service normally control what they share with us. Make sure you are comfortable with what they share by reviewing their privacy policies and, if necessary, modifying your privacy settings directly on the Third Party Service.
4. SUBSCRIPTION TO NEWSLETTERS
On acenextgen.com, users are given the opportunity to subscribe to our organization’s
newsletter. The input mask used for this purpose determines what personal data are
transmitted, as well as when the newsletter is ordered from the controller.
We inform our customers and business partners regularly by means of a newsletter about
enterprise offers. The enterprise’s newsletter may only be received by the data subject if (1)
the data subject has a valid e-mail address and (2) the data subject registers for the
newsletter shipping. A confirmation e-mail will be sent to the e-mail address registered by a
data subject for the first time for newsletter shipping, for legal reasons, in the double opt-in
procedure. This confirmation e-mail is used to prove whether the owner of the e-mail
address as the data subject is authorized to receive the newsletter.
During the registration for the newsletter, we also store the IP address of the computer
system assigned by the Internet service provider (ISP) and used by the data subject at the
time of the registration, as well as the date and time of the registration. The collection of this
data is necessary in order to understand the (possible) misuse of the e-mail address of a
data subject at a later date, and it therefore serves the aim of the legal protection of the
controller.
The personal data collected as part of a registration for the newsletter will only be used to
send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail,
as long as this is necessary for the operation of the newsletter service or a registration in
question, as this could be the case in the event of modifications to the newsletter offer, or in
the event of a change in technical circumstances. There will be no transfer of personal data
collected by the newsletter service to third parties. The subscription to our newsletter may
be terminated by the data subject at any time. The consent to the storage of personal data,
which the data subject has given for shipping the newsletter, may be revoked at any time.
For the purpose of revocation of consent, a corresponding link is found in each newsletter. It
is also possible to unsubscribe from the newsletter at any time directly on the website of the
controller, or to communicate this to the controller in a different way.
5. NEWSLETTER-TRACKING
Our newsletter contains so-called tracking pixels, provided by Mailchimp, the newsletter
service we use to send you our latest news. A tracking pixel is a miniature graphic
embedded in such e-mails, which are sent in HTML format to enable log file recording and
analysis. This allows a statistical analysis of the success or failure of online marketing
campaigns. Based on the embedded tracking pixel, we may see if and when an e-mail was
opened by a data subject, and which links in the e-mail were called up by data subjects.
Such personal data collected in the tracking pixels contained in the newsletters are stored
and analyzed by the controller in order to optimize the shipping of the newsletter, as well as
to adapt the content of future newsletters even better to the interests of the data subject.
Data subjects are at any time entitled to revoke the respective separate declaration of
consent issued by means of the double-opt-in procedure. After a revocation, these personal
data will be deleted by the controller. We automatically regards a withdrawal from the
receipt of the newsletter as a revocation.
6. CONTACT POSSIBILITY VIA THE WEBSITE
The websites of Ace NextGen contains information that enables a quick electronic contact
to our organization, as well as direct communication with us, which also includes a general
address of the so-called electronic mail (e-mail address). If a data subject contacts the
controller by e-mail or via a contact form, the personal data transmitted by the data subject
are automatically stored. Such personal data transmitted on a voluntary basis by a data
subject to the data controller are stored for the purpose of processing or contacting the data
subject. There is no transfer of this personal data to third parties.
7. ROUTINE ERASURE AND BLOCKING OF PERSONAL DATA
The data controller shall process and store the personal data of the data subject only for the
period necessary to achieve the purpose of storage, or as far as this is granted by the U.S.
Government or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the U.S.
Government or another competent legislator expires, the personal data are routinely
blocked or erased in accordance with legal requirements.
8. RIGHTS OF THE DATA SUBJECT
A) RIGHT OF CONFIRMATION
Each data subject shall have the right granted by the U.S. Government to obtain from the
controller the confirmation as to whether or not personal data concerning him or her are
being processed. If a data subject wishes to avail himself of this right of confirmation, he or
she may, at any time, contact any employee of the controller.
B) RIGHT OF ACCESS
Each data subject shall have the right granted by the U.S. Government to obtain from the
controller free information about his or her personal data stored at any time and a copy of
this information. Furthermore, the U.S. Government directives and regulations grant the
data subject access to the following information:
the purposes of the processing;
– the categories of personal data concerned;
– the recipients or categories of recipients to whom the personal data have been or will be
disclosed, in particular recipients in third countries or international organizations;
– where possible, the envisaged period for which the personal data will be stored, or, if not
possible, the criteria used to determine that period;
– the existence of the right to request from the controller rectification or erasure of personal
data, or restriction of processing of personal data concerning the data subject, or to object
to such processing;
– the existence of the right to lodge a complaint with a supervisory authority;
– where the personal data are not collected from the data subject, any available information
as to their source;
– Furthermore, the data subject shall have a right to obtain information as to whether
personal data are transferred to a third country or to an international organization. Where
this is the case, the data subject shall have the right to be informed of the appropriate
safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time,
contact any employee of the controller.
C) RIGHT TO RECTIFICATION
Each data subject shall have the right granted by the U.S. Government to obtain from the
controller without undue delay the rectification of inaccurate personal data concerning him
or her. Taking into account the purposes of the processing, the data subject shall have the
right to have incomplete personal data completed, including by means of providing a
supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time,
contact any employee of the controller.
D) RIGHT TO ERASURE (RIGHT TO BE FORGOTTEN)
Each data subject shall have the right granted by the U.S. Government to obtain from the
controller the erasure of personal data concerning him or her without undue delay, and the
controller shall have the obligation to erase personal data without undue delay where one of
the following grounds applies, as long as the processing is not necessary:
The personal data are no longer necessary in relation to the purposes for which they were
collected or otherwise processed.
The data subject withdraws consent to which the processing is based according to Federal
Trade Commission Act (15 U.S. Code § 41 et seq.), and where there is no other legal
ground for the processing.
The personal data have been unlawfully processed.
The personal data must be erased for compliance with a legal obligation in Federal or State
law to which the controller is subject.
The personal data have been collected in relation to the offer of information society services
referred to in the Federal Trade Commission Act (15 U.S. Code § 41 et seq.).
If one of the aforementioned reasons applies, and a data subject wishes to request the
erasure of personal data stored by Ace NextGen, he or she may, at any time, contact any
employee of the controller. An employee of Ace NextGen shall promptly ensure that the
erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to the Federal
Trade Commission Act (15 U.S. Code § 41 et seq.) to erase the personal data, the
controller, taking account of available technology and the cost of implementation, shall take
reasonable steps, including technical measures, to inform other controllers processing the
personal data that the data subject has requested erasure by such controllers of any links
to, or copy or replication of, those personal data, as far as processing is not required.
E) RIGHT OF RESTRICTION OF PROCESSING
Each data subject shall have the right granted by the U.S. Government to obtain from the
controller restriction of processing where one of the following applies:
The accuracy of the personal data is contested by the data subject, for a period enabling
the controller to verify the accuracy of the personal data.
The processing is unlawful and the data subject opposes the erasure of the personal data
and requests instead the restriction of their use instead.
The controller no longer needs the personal data for the purposes of the processing, but
they are required by the data subject for the establishment, exercise or defense of legal
claims.
The data subject has objected to processing pursuant to the Federal Trade Commission Act
(15 U.S. Code § 41 et seq.) pending the verification whether the legitimate grounds of the
controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the
restriction of the processing of personal data stored by us, he or she may at any time
contact any employee of the controller.
F) RIGHT TO DATA PORTABILITY
Each data subject shall have the right granted by the European legislator, to receive the
personal data concerning him or her, which was provided to a controller, in a structured,
commonly used and machine-readable format. He or she shall have the right to transmit
those data to another controller without hindrance from the controller to which the personal
data have been provided, as long as the processing is based on consent pursuant to the
Federal Trade Commission Act (15 U.S. Code § 41 et seq.), and the processing is carried
out by automated means, as long as the processing is not necessary for the performance of
a task carried out in the public interest or in the exercise of official authority vested in the
controller.
Furthermore, the data subject shall have the right to have personal data transmitted directly
from one controller to another, where technically feasible and when doing so does not
adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact us.
G) RIGHT TO OBJECT
Each data subject shall have the right granted by the European legislator to object, on
grounds relating to his or her particular situation, at any time, to processing of personal data
concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This
also applies to profiling based on these provisions.
Studio D shall no longer process the personal data in the event of the objection, unless we
can demonstrate compelling legitimate grounds for the processing which override the
interests, rights and freedoms of the data subject, or for the establishment, exercise or
defense of legal claims.
If we process personal data for direct marketing purposes, the data subject shall have the
right to object at any time to processing of personal data concerning him or her for such
marketing. This applies to profiling to the extent that it is related to such direct marketing. If
the data subject objects to us to the processing for direct marketing purposes, we will no
longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular
situation, to object to processing of personal data concerning him or her by us for scientific
or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the
GDPR, unless the processing is necessary for the performance of a task carried out for
reasons of public interest.
In order to exercise the right to object, the data subject may contact us. In addition, the data
subject is free in the context of the use of information society services, and notwithstanding
Directive 2002/58/EC, to use his or her right to object by automated means using technical
specifications.
H) RIGHT TO WITHDRAW DATA PROTECTION CONSENT
Each data subject shall have the right granted by the U.S. Government to withdraw his or
her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at
any time, contact us.
9. THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use, and disclose your
information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other
payment transaction processors, have their own privacy policies in respect to the
information we are required to provide to them for your purchase-related transactions. For
these providers, we recommend that you read their privacy policies so you can understand
the manner in which your personal information will be handled by these providers. In
particular, remember that certain providers may be located in or have facilities that are
located a different jurisdiction than either you or us. So if you elect to proceed with a
transaction that involves the services of a third-party service provider, then your information
may become subject to the laws of the jurisdiction(s) in which that service provider or its
facilities are located. As an example, if you are located in Canada and your transaction is
processed by a payment gateway located in the United States, then your personal
information used in completing that transaction may be subject to disclosure under United
States legislation, including the Patriot Act. Once you leave our store’s website or are
redirected to a third-party website or application, you are no longer governed by this Privacy
Policy or our website’s Terms of Service. When you click on links on our store, they may
direct you away from our site. We are not responsible for the privacy practices of other sites
and encourage you to read their privacy statements.
A) DATA PROTECTION PROVISIONS ABOUT THE
APPLICATION AND USE OF MAILCHIMP
On this website, the controller has integrated components of the enterprise MailChimp.
MailChimp is a marketing automation platform and an email marketing service.
The operating company of Mailchimp is the Rocket Science Group, LLC.675 Ponce de Leon
Ave NE. Suite 5000. Atlanta, GA 30308 USA.
We, the controller, receive information such as clicking rates, bounce rates, countries, and
states from Mailchimp. These information are not used to identify a specific individual, and
therefore they are used pseudonymously.
The data protection guideline published by Mailchimp, which is available at
https://mailchimp.com/legal/privacy/, provides information about the collection, processing
and use of personal data by Mailchimp. In addition, it is explained there what setting options
Mailchimp offers to protect the privacy of the data subject.
B) DATA PROTECTION PROVISIONS ABOUT THE
APPLICATION AND USE OF SHOPIFY
The websites of Ace NextGen are built with and hosted by Squarespace. Squarespace is an
American private company that provides software as a service for website building and
hosting. We use this service to provide information about their company, upcoming events,
and services.
C) DATA PROTECTION PROVISIONS ABOUT THE
APPLICATION AND USE OF GOOGLE
In order to communicate with individuals and users externally and with our team
internally, we use services (such as Gmail, Google Drive, and Google Sheets). Google INC
is an American multinational technology company that specializes in Internet-related
services and products, which include online advertising technologies, search engine, cloud
computing, software, and hardware.
The operating company of Google is Google INC, 1600 Amphitheatre Parkway, Mountain
View, CA, UNITED STATES.
The applicable data protection provisions of Google may be accessed
under https://policies.google.com/privacy.
D) DATA PROTECTION PROVISIONS ABOUT THE
APPLICATION AND USE OF SQUARESPACE
Squarespace is an American private company that provides software as a service for
website building and hosting. We use this service to provide information about their
company, upcoming events, and services.
10. LEGAL BASIS FOR THE PROCESSING
The Federal Trade Commission Act (15 U.S. Code § 41 et seq.) serves as the legal basis
for processing operations for which we obtain consent for a specific processing purpose. If
the processing of personal data is necessary for the performance of a contract to which the
data subject is party, as is the case, for example, when processing operations are
necessary for the supply of goods or to provide any other service, the processing is based
on The Federal Trade Commission Act (15 U.S. Code § 41 et seq.). The same applies to
such processing operations which are necessary for carrying out pre-contractual measures,
for example in the case of inquiries concerning our products or services. Is our company
subject to a legal obligation by which processing of personal data is required, such as for
the fulfillment of tax obligations, the processing is based on The Federal Trade Commission
Act (15 U.S. Code § 41 et seq.).
In rare cases, the processing of personal data may be necessary to protect the vital
interests of the data subject or of another natural person. This would be the case, for
example, if a visitor were injured in our company and his name, age, health insurance data
or other vital information would have to be passed on to a doctor, hospital or other third
party. Then the processing would be based on The Federal Trade Commission Act (15 U.S.
Code § 41 et seq.).
Finally, processing operations could be based on The Federal Trade Commission Act (15
U.S. Code § 41 et seq.). This legal basis is used for processing operations which are not
covered by any of the abovementioned legal grounds, if processing is necessary for the
purposes of the legitimate interests pursued by our company or by a third party, except
where such interests are overridden by the interests or fundamental rights and freedoms of
the data subject which require protection of personal data.
11. THE LEGITIMATE INTERESTS PURSUED BY THE
CONTROLLER OR BY A THIRD PARTY
Where the processing of personal data is based on The Federal Trade Commission Act (15
U.S. Code § 41 et seq.), our legitimate interest is to carry out our business in favor of the
well-being of all our employees and the shareholders.
12. PERIOD FOR WHICH THE PERSONAL DATA WILL BE
STORED
The criteria used to determine the period of storage of personal data is the respective
statutory retention period. After expiration of that period, the corresponding data is routinely
deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation
of a contract.
13. PROVISION OF PERSONAL DATA AS STATUTORY OR
CONTRACTUAL REQUIREMENT; REQUIREMENT NECESSARY
TO ENTER INTO A CONTRACT; OBLIGATION OF THE DATA
SUBJECT TO PROVIDE THE PERSONAL DATA; POSSIBLE
CONSEQUENCES OF FAILURE TO PROVIDE SUCH DATA
We clarify that the provision of personal data is partly required by law (e.g. tax regulations)
or can also result from contractual provisions (e.g. information on the contractual partner).
Sometimes it may be necessary to conclude a contract that the data subject provides us
with personal data, which must subsequently be processed by us. The data subject is, for
example, obliged to provide us with personal data when our company signs a contract with
him or her. The non-provision of the personal data would have the consequence that the
contract with the data subject could not be concluded.
Before personal data is provided by the data subject, the data subject must contact any
employee. The employee clarifies to the data subject whether the provision of the personal
data is required by law or contract or is necessary for the conclusion of the contract,
whether there is an obligation to provide the personal data and the consequences of non-
provision of the personal data.
14. EXISTENCE OF AUTOMATED DECISION-MAKING
As a responsible company, we do not use automatic decision-making or profiling.
15. CHANGES TO THIS PRIVACY POLICY
If we make material changes to this policy, we may notify you here that it has been updated,
so that you are aware of what information we collect, how we use it, and under what
circumstances, if any, we use and/or disclose it. Changes and clarifications will take effect
immediately upon their posting on the website.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend, or delete any personal information we have
about you, register a complaint, or simply want more information contact us at:
info@acenextgen.com