ACE, Inc. Data Protection and Privacy Policy
(“Data Protection and Privacy Policy” or “Policy”)

Introduction

Ace Controls, Inc. – a Delaware corporation (“ACE”, “Company” or “we”) is committed to respecting your privacy and recognizes your need for appropriate handling of any Personal Data (as defined herein) you share with us in connection with our services, or our website at https://www.acecontrols.com (the “Site”). “Personal Data” means information relating to an identified or identifiable individual, which includes, but is not limited to, your name, user name, password, I.D. number, physical address or other location data, email address, phone number, fax number, mobile number, and position at your company. We respect your right to keep your Personal Data private, and thus we strive to protect your Personal Data in accordance with this Data Protection and Privacy Policy.

Please read this Policy carefully to understand our policies and practices regarding Personal Data and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site. By accessing or using the Site, you agree to this Data Protection and Privacy Policy. This Policy may change from time to time. Your continued use of the Site after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

Personal Data We Collect and How We Use It

We collect Personal Data in two general settings:

a) Collection of General Personal Data and Information

The Site collects a series of general Personal Data and other information when you or automated system calls up the Site. This general Personal Data and information are stored in the server log files.

Collected may be:

the browser types and versions used,
the operating system used by the accessing system,
the website from which an accessing system reaches our Site (so-called referrers),
the sub-websites,
the date and time of access to the Internet site,
an Internet protocol address (IP address),
the Internet service provider of the accessing system, and
any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general Personal Data and information, we do not draw any conclusions about you.

Rather, this information is needed to:

deliver the content of our Site correctly,
optimize the content of our Site as well as its advertisement,
ensure the long-term viability of our information technology systems and website technology, and
provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack.

Therefore, we analyse anonymously collected Personal Data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for Personal Data we process. The anonymous data of the server log files are stored separately from all Personal Data you provided.

b) Registration on our Site

You have the possibility to register on our Site with the indication of Personal Data. Which Personal Data are transmitted to us is determined by the respective input mask used for the registration. The Personal Data you have entered is collected and stored exclusively for our internal use, and for our own purposes. We may request transfer to one or more processors (e.g. a parcel service) that also uses Personal Data for an internal purpose which is attributable thereto.

By registering on our Site of the controller, the IP address—assigned by the Internet service provider (ISP) and used by you—date, and time of the registration are also stored. The storage of this Personal Data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this Personal Data is necessary to secure the Company. This Personal Data is not passed on to third parties unless there is a statutory obligation to pass on that data, or if the transfer serves the aim of criminal prosecution.

Your registration, with the voluntary indication of Personal Data, is intended to enable us to:

offer you contents or services that may only be offered to registered users due to the nature of the matter in question;
fulfill or meet the reason you provided the information;
provide you with information, products, or services that you request from us;
fulfill any other purpose for which you provide it;
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
In any other way we may describe when you provide the information;
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, including Personal Data held by us, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding;
For any other purpose, as allowed by applicable law.

Registered users are free to change their Personal Data specified during the registration at any time, or to have it completely deleted from our data stock.

Automatic Data Collection Technologies We Use

When we collect general Personal Data and information, we may use automatic data collection technologies.

The technologies we use for this automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Site.
Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies.
Web Beacons. Pages of our the Site may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit ACE, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

With Whom Do We Share Personal Data and for what Purpose

If you choose to submit Personal Data to us, ACE may share that Personal Data with:

Its distributors, sales representatives, dealers, value added resellers, and other third-parties in ACE’ distribution channels for their purposes of marketing and supporting our products; and

Third-party service providers under contract to perform functions on our behalf, such as customer support for ACE products and sending postal mail or emails to carry out transactions (the foregoing in (a) and (b) hereafter referred to as “Processors”). We will refrain from using your Personal Data for any other purpose unless we notify you first and obtain your affirmative consent with respect to its use outside of these above-stated purposes. Likewise, our Processors may have access to and use your Personal Data only as necessary to perform their functions described above. ACE may also share your Personal Data with any buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by us about our Site users is among the assets transferred. That company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Data Protection and Privacy Policy. We may share some or all of your Personal Data with our Affiliates, in which case we will require our Affiliates to honor this Data Protection and Privacy Policy. “Affiliate” means a parent company, subsidiary, joint venture, or other company under common control with ACE. We may disclose your Personal Data if we have a good faith belief that disclosure is necessary to: (1) comply with the law or with legal process served on us; (2) protect and defend the rights or property of us or our users; (3) act in an emergency to protect someone’s safety; or (4) investigate any violation or potential violation of the law, this Data Protection and Privacy Policy, or any other agreement between you and ACE.

Measures Employed by ACE to Protect Your Personal Data in our Possession

In addition to sharing Personal Data with Processors as described above, Personal Data will be shared within ACE on a “need to know” basis. We have commercially reasonable security measures in place to help protect against loss, misuse, and alteration of your Personal Data in our possession. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while ACE uses reasonable efforts to protect your Personal Data, ACE cannot guarantee its absolute security. ACE will contractually require each Processor or other third-party with whom it shares Personal Data to use reasonable measures to protect that Personal Data. However, ACE cannot monitor these Processors and other third-parties to ensure that they comply.

How Long Do We Keep Personal Data?

ACE will keep Personal Data only as long as it is necessary to accomplish the purpose for which it was originally collected. From time to time, ACE may, but does not have to, purge or delete some or all of the Personal Data it keeps in its database in compliance with the foregoing.

Third-party Links and Services

The Site provides links to third-party web sites and services. These links are provided for your reference only. We do not control, operate or endorse in any respect information, products, or services on such third-party sites or services and are not responsible for their content. Many third-party sites and services have their own terms of use and privacy policies that differ from ours. This Data Protection and Privacy Policy only applies to our Site and the information obtained from or provided by you through the Site for the purposes of accessing or using content controlled and owned by us. This Data Protection and Privacy Policy does not apply to any other site or service.

Our lead collection partners may collect Personal Data from you when you visit the Site. ACE is not responsible for the collection, use, and disclosure of such Personal Data by those lead collection partners. Such collection, use, and disclosure are governed by those lead collection partners’ terms of use and privacy policies, and not by this Data Protection and Privacy Policy.

Children Under the Age of 13

Our Site is not intended for children under 13 years of age. No one under age 13 may provide any information, whether Personal Data or otherwise, to or on the Site. We do not knowingly collect Personal Data from children under 13. If you are under 13, do not use or provide any information on this Site or on or through any of its features/register on the Site, make any purchases through the Site, use any of the interactive or public comment features of this Site or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Data from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of 13, please contact the ACE Data Privacy Officer using the contact information at the bottom of this Policy.

Processing Personal Data According to the GDPR

Additionally, if the processing of your Personal Data falls within the scope of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, known as the General Data Protection Regulation (“GDPR”), then such processing shall also be performed in accordance with GDPR requirements. Therefore, in addition to the above terms, ACE provides you with the following information:

(a) The contact information for the ACE Data Privacy Office is provided in the last paragraph below (Contacting ACE);

(b) Personal Data is processed only for the express purposes set forth in this Data Protection and Privacy Policy;

(c) Personal Data may be transferred to processors located around the world;

(d) You are entitled to:

Request access to your Personal Data. This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it;
Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate Personal Data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us;
Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request;
Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms;
Request restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it;
Request the transfer of your Personal Data to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you;
Withdraw consent at any time where we are relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

(e) You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

(f) You may at any time lodge a complaint with a supervisory authority located in the European Union having jurisdiction over processing; and

(g) ACE does not perform automated decision-making, including profiling.

Privacy Notice for California Residents According to the CCPA

This Privacy Notice for California Residents applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We have adopted this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Section of Data Protection and Privacy Policy.

Information We Collect

Personal Data we collect is set forth in Section 2 of this Policy “Personal Data We Collect and How We Use It” and shall apply accordingly to this Privacy Notice for California Residents.

The Company has not been operational for twelve (12) months, and thus the list of categories of Personal Data from our consumers collected within the last twelve (12) months will be disclosed upon amending this Policy.

Use of Personal Data

Use of collected Personal Data is set forth in Section 2 of this Policy “Personal Data We Collect and How We Use It” and shall apply accordingly to this Privacy Notice for California Residents.

We will not collect additional categories of Personal Data or use Personal Data we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Data

We may disclose your Personal Data to a third party for a business. When we disclose Personal Data for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Data confidential and not use it for any purpose except performing the contract.

Disclosures of Personal Data for a Business Purpose

In the preceding twelve (12) months, Company has not disclosed Personal Data for a business purpose, in particular following categories of Personal Data have been disclosed for a business purpose:

Sales of Personal Data

In the preceding twelve (12) months, Company has not sold Personal Data.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their Personal Data. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your Personal Data over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

The categories of Personal Data we collected about you.
The categories of sources for Personal Data we collected about you.
Our business or commercial purpose for collecting or selling that Personal Data.
The categories of third parties with whom we share that Personal Data.
The specific pieces of Personal Data we collected about you (also called a data portability request).
If we sold or disclosed your Personal Data for a business purpose, two separate lists disclosing:
- sales, identifying the Personal Data categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the Personal Data categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your Personal Data that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Data from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

Complete the transaction for which we collected the Personal Data, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either: shocks@acecontrols.com

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Data. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Data or an authorized representative, which may include a copy of your California Identity Card;
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Data if we cannot verify your identity or authority to make the request and confirm the Personal Data relates to you.

Making a verifiable consumer request does not require you to create an account with us.

We will only use Personal Data provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

For instructions on exercising sale opt-out rights.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Data that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Data's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

Contact Information

We welcome your comments or questions regarding this Data Protection and Privacy Policy. Please email us at shocks@acecontrols.com or contact us at the following address:

ACE Controls

23435 Industrial Park., Dr

Farmington Hills, MI 48335

Changes to this Data Protection and Privacy Policy

ACE reserves the right to amend this Data Protection and Privacy Policy at any time. Should we make material changes to this Data Protection and Privacy Policy, we intend to take reasonable steps to notify you of such changes by posting a prominent notice on our Site for a reasonable period of time. Any changes to this Data Protection and Privacy Policy will be effective immediately for new users of our Site; otherwise these changes will be effective thirty (30) calendar days following our posting of such notice. Continued use of our Site following notice of such changes shall indicate your acknowledgement of, and agreement to be bound by such changes.

ACE, Inc. Data Protection and Privacy Policy(“Data Protection and Privacy Policy” or “Policy”)