Thank you for your interest in our company. Data protection is of particular importance to the management of Roos Enterprises UG (haftungsbeschränkt). The use of the internet pages of Roos Enterprises UG (haftungsbeschränkt) is generally possible without providing any personal data. However, if a data subject wishes to use special services of our company via our website, processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, email address, or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in compliance with the country-specific data protection regulations applicable to Roos Enterprises UG (haftungsbeschränkt). Through this privacy policy, our company wishes to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed by means of this privacy policy about the rights to which they are entitled.
Roos Enterprises UG (haftungsbeschränkt), as the controller, has implemented numerous technical and organizational measures to ensure the most complete possible protection of personal data processed through this website. Nevertheless, internet-based data transmissions can fundamentally have security vulnerabilities, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us through alternative means, for example, by telephone.
1. Name and Address of the Controller
The controller in the sense of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union, and other provisions with data protection character is:
Roos Enterprises UG (haftungsbeschränkt)
Im Grund 20
72218 Wildberg
Germany
Phone: +49 (0) 7054 927 999
Email: support@nexcape.de
2. Collection of General Data and Information
The website of Roos Enterprises UG (haftungsbeschränkt) collects a series of general data and information with each access to the website by a data subject or an automated system. This general data and information are stored in the log files of the server. The data collected may include (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites which are controlled via an accessing system on our website, (5) the date and time of an access to the website, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system, and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.
When using this general data and information, Roos Enterprises UG (haftungsbeschränkt) does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyberattack. Therefore, these anonymously collected data and information are statistically evaluated by Roos Enterprises UG (haftungsbeschränkt) and further evaluated with the aim of increasing data protection and data security in our company, to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
3. Contact possibility via the website
The website of Roos Enterprises UG (haftungsbeschränkt) contains information that enables quick electronic contact with our company as well as direct communication with us, which also includes a general address for electronic mail (email address), due to legal regulations. If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data transmitted voluntarily by a data subject to the controller will be stored for the purpose of processing or contacting the data subject. There will be no disclosure of this personal data to third parties.
4. Routine deletion and blocking of personal data
The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage or as far as this has been provided for by the European legislator or other legislators in laws or regulations to which the controller is subject.
If the storage purpose no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with legal provisions.
5. Rights of the Data Subject
a) Right to Confirmation Every data subject has the right to obtain from the controller confirmation as to whether or not personal data concerning them are being processed. If a data subject wishes to exercise this right to confirmation, they may, at any time, contact an employee of the controller.
b) Right of Access Every data subject affected by the processing of personal data has the right to obtain from the controller free information about the personal data stored about them and a copy of this information at any time. Furthermore, the European legislator has granted 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 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
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject
Furthermore, the data subject has 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 exercise this right of access, they may, at any time, contact an employee of the controller.
c) Right to Rectification Every data subject affected by the processing of personal data has the right to demand the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right to have incomplete personal data completed, including by means of providing a supplementary statement, taking into account the purposes of the processing.
If a data subject wishes to exercise this right to rectification, they may, at any time, contact an employee of the controller.
d) Right to Erasure (Right to be Forgotten) Every data subject affected by the processing of personal data has the right to demand from the controller that personal data concerning them be erased without undue delay, provided that one of the following reasons applies and insofar 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 on which the processing is based according to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- The personal data have been unlawfully processed.
- The erasure of personal data is required for compliance with a legal obligation in Union or Member 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 Article 8(1) of the GDPR.
If one of the aforementioned reasons applies and a data subject wishes to request the erasure of personal data stored by Roos Enterprises UG (haftungsbeschränkt), they may, at any time, contact an employee of the controller. The employee of Roos Enterprises UG (haftungsbeschränkt) will arrange for the erasure request to be complied with without undue delay.
Where Roos Enterprises UG (haftungsbeschränkt) has made the personal data public and is obliged pursuant to Article 17(1) of the GDPR to erase the personal data, Roos Enterprises UG (haftungsbeschränkt), taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers which are processing the published personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data, insofar as processing is not required. The employee of Roos Enterprises UG (haftungsbeschränkt) will arrange the necessary measures in individual cases.
e) Right to Restriction of Processing Every data subject affected by the processing of personal data has the right 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.
- 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 Article 21(1) of the GDPR 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 personal data stored by Roos Enterprises UG (haftungsbeschränkt), they may, at any time, contact an employee of the controller. The employee of Roos Enterprises UG (haftungsbeschränkt) will arrange the restriction of processing.
f) Right to Data Portability Every data subject affected by the processing of personal data has the right to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used and machine-readable format. They also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR and the processing is carried out by automated means, provided that 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, in exercising their right to data portability pursuant to Article 20(1) of the GDPR, the data subject has the right to have personal data transmitted directly from one controller to another, where technically feasible and where this does not adversely affect the rights and freedoms of others.
To assert the right to data portability, the data subject may, at any time, contact an employee of Roos Enterprises UG (haftungsbeschränkt).
g) Right to Object Every data subject affected by the processing of personal data has the right to object, on grounds relating to their particular situation, at any time to processing of personal data concerning them which is based on Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.
Roos Enterprises UG (haftungsbeschränkt) will no longer process personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or the processing is for the establishment, exercise or defense of legal claims.
If Roos Enterprises UG (haftungsbeschränkt) processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to the processing of personal data for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Roos Enterprises UG (haftungsbeschränkt) to the processing for direct marketing purposes, Roos Enterprises UG (haftungsbeschränkt) will no longer process the personal data for these purposes.
Furthermore, the data subject has the right to object, on grounds relating to his or her particular situation, to processing of personal data concerning him or her which is carried out by Roos Enterprises UG (haftungsbeschränkt) for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the GDPR, unless such processing is necessary for the performance of a task carried out for reasons of public interest.
To exercise the right to object, the data subject may contact any employee of Roos Enterprises UG (haftungsbeschränkt) or another employee directly. The data subject is also free to exercise his or her right to object by automated means using technical specifications in the context of the use of information society services, notwithstanding Directive 2002/58/EC.
h) Automated individual decision-making, including profiling Every data subject shall have the right not to be subject to a decision based solely on automated processing—including profiling—which produces legal effects concerning him or her or similarly significantly affects him or her, provided that the decision (1) is not necessary for entering into, or performance of, a contract between the data subject and the data controller, or (2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is based on the data subject's explicit consent.
If the decision (1) is necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is made with the data subject's explicit consent, Roos Enterprises UG (haftungsbeschränkt) shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
If the data subject wishes to exercise rights relating to automated individual decision-making, he or she may, at any time, contact an employee of the controller.
i) Right to withdraw data protection consent Any person affected by the processing of personal data has the right to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise his or her right to withdraw consent, he or she may, at any time, contact an employee of the controller.
6. Data protection provisions on the use and application of Google Analytics (with anonymization function)
The controller has integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, gathering, and evaluation of data about the behavior of visitors to websites. A web analysis service collects, among other things, data about which website a data subject came from to a website (so-called referrers), which subpages of the website were accessed, or how often and for what duration a subpage was viewed. Web analysis is predominantly used for the optimization of a website and for the cost-benefit analysis of Internet advertising.
For web analysis via Google Analytics, the controller uses the addition "_gat._anonymizeIp". By means of this addition, the IP address of the Internet connection of the data subject is shortened and anonymized by Google if access to our websites takes place from a member state of the European Union or from another contracting state of the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze the visitor flows on our website. Google uses the data and information obtained, among other things, to evaluate the use of our website, to compile online reports for us that show the activities on our websites, and to provide other services related to the use of our website.
Google Analytics places a cookie on the information technology system of the data subject. What cookies are has already been explained above. By setting the cookie, Google is enabled to analyze the use of our website. With each call of one of the individual pages of this website, which is operated by the controller and on which a Google Analytics component has been integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. Within the framework of this technical procedure, Google gains knowledge of personal data, such as the IP address of the data subject, which Google uses, among other things, to track the origin of visitors and clicks and subsequently to enable commission statements.
The cookie is used to store personal information, such as the access time, the location from which access originated, and the frequency of visits to our website by the data subject. Each time our websites are visited, this personal data, including the IP address of the Internet connection used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may pass on this personal data collected through the technical procedure to third parties.
As already explained above, the data subject can prevent the setting of cookies by our website at any time by means of a corresponding setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a cookie on the information technology system of the data subject. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.
Furthermore, the data subject has the possibility to object to and prevent the collection of data generated by Google Analytics related to the use of this website and the processing of this data by Google. To do this, the data subject must download and install a browser add-on under the link tools.google.com/dlpage/gaoptout. This browser add-on tells Google Analytics via JavaScript that no data and information about website visits may be transmitted to Google Analytics. The installation of the browser add-on is considered an objection by Google. If the data subject's information technology system is deleted, formatted or reinstalled at a later date, the data subject must reinstall the browser add-on to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person attributable to his or her sphere of influence, it is possible to reinstall or reactivate the browser add-on.
Further information and the applicable data protection provisions of Google can be found at www.google.de/intl/de/policies/privacy/ and at www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail under this link www.google.com/intl/de_de/analytics/.
7. Data Protection Provisions on the Use and Application of Facebook
The controller has integrated components of the company Facebook on this website. Facebook is a social network.
A social network is a social meeting place operated on the Internet, an online community that generally allows users to communicate with each other and interact in virtual space. A social network can serve as a platform for sharing opinions and experiences or enables the Internet community to provide personal or company-related information. Facebook allows users of the social network, among other things, to create private profiles, upload photos, and network through friend requests.
The operating company of Facebook is Meta Platforms, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. For the processing of personal data, the controller, if a data subject lives outside the USA or Canada, is Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
With each call of one of the individual pages of this website, which is operated by the controller and on which a Facebook component (Facebook plug-in) has been integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Facebook component to download a representation of the corresponding Facebook component from Facebook. A complete overview of all Facebook plug-ins can be found at developers.facebook.com/docs/plugins/?locale=de_DE. Within the framework of this technical procedure, Facebook receives knowledge about which specific sub-page of our website is visited by the data subject.
If the data subject is simultaneously logged in to Facebook, Facebook recognizes with each call of our website by the data subject and for the entire duration of the respective stay on our website, which specific sub-page of our website the data subject visits. This information is collected by the Facebook component and assigned by Facebook to the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated on our website, for example the "Like" button, or if the data subject submits a comment, Facebook assigns this information to the data subject's personal Facebook user account and stores this personal data.
Facebook always receives information via the Facebook component that the data subject has visited our website if the data subject is simultaneously logged in to Facebook at the time of calling our website; this takes place regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of this information to Facebook is not desired by the data subject, he or she can prevent the transmission by logging out of his or her Facebook account before calling our website.
The data policy published by Facebook, which can be found at de-de.facebook.com/about/privacy/, provides information about the collection, processing, and use of personal data by Facebook. Furthermore, it explains which setting options Facebook offers to protect the privacy of the data subject. In addition, various applications are available that make it possible to suppress data transmission to Facebook, for example the Facebook Blocker from the provider Webgraph, which can be obtained at webgraph.com/resources/facebookblocker/. Such applications can be used by the data subject to suppress data transmission to Facebook.
7a. Data Protection Provisions on the Use and Application of Klaviyo (Newsletter & Email Marketing)
For sending our newsletter as well as automated service and marketing emails (e.g., order confirmations, supplementary information, shopping cart reminders, product recommendations, review requests), we use the service Klaviyo from Klaviyo, Inc., 125 Summer Street, Boston, MA 02110, USA.
In particular, your email address and – if provided – your name, as well as information about your orders and your usage behavior (e.g., open and click rates, viewed products, purchase behavior) are processed to make the content more relevant for you.
Newsletter registration is done using the so-called double opt-in procedure: After your registration, you will receive an email in which you confirm the registration. You can withdraw your consent at any time with effect for the future, for example via the unsubscribe link at the end of each email or by sending us a message.
The legal basis for the processing is your consent in accordance with Art. 6 Para. 1 lit. a GDPR; in existing customer relationships, the processing can also be based on Art. 6 Para. 1 lit. f GDPR in conjunction with Section 7 Para. 3 UWG (direct marketing to existing customers).
The use of Klaviyo involves the transfer of personal data to the USA. Klaviyo is certified under the EU-U.S. Data Privacy Framework; in addition, we have concluded the EU standard contractual clauses and a data processing agreement in accordance with Art. 28 GDPR with Klaviyo.
Klaviyo's privacy policy can be accessed at https://www.klaviyo.com/legal/privacy.
8. Legal basis for processing
Art. 6 I lit. a GDPR serves as the legal basis for our company 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, with processing operations that are necessary for the delivery of goods or the provision of any other service or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations that are necessary for carrying out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation by which the processing of personal data becomes necessary, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data could become necessary to protect the vital interests of the data subject or 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 had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d GDPR.
Finally, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, provided that the interests, fundamental rights and freedoms of the data subject do not override. Such processing operations are particularly permitted to us because they have been specifically mentioned by the European legislator. In this respect, he was of the opinion that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 Sentence 2 GDPR).
9. Legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is to carry out our business activities for the well-being of all our employees and our shareholders.
10. Period for which the personal data will be stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted, provided that it is no longer required for contract fulfillment or contract initiation.
11. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision
We inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual provisions (e.g. information on the contractual partner). Sometimes, for the conclusion of a contract, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject must contact one of our employees. Our employee will clarify to the data subject on a case-by-case basis whether the provision of personal data is required by law or contractually or necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what consequences the non-provision of the personal data would have.
12. Existence of automated decision-making
As a responsible company, we do not use automated decision-making or profiling.
