Welcome to underanewsun.com and thank you for your interest in our website and company. We take the protection of your Personal Information very seriously and process your data in accordance with the New York Privacy Act (“NYPA”) and the General Data Protection Regulation (“GDPR”).
What is Personal Information?
Personal Information is information that makes it possible to identify a natural person. This includes in particular, your name, date of birth, address, telephone number, e-mail address, but also your IP address. Anonymous data as such only exists if no personal reference to the user can be made.
The Data Controller
In accordance with the NYPA and the GDPR, the person responsible for processing of Personal Information when using the website is:
Under A New Sun
MIDOLEX, LLC
Putnam County, New York, USA
Web: underanewsun.com
E-Mail: info@underanewsun.com
Categories of data subjects and types of data processed
During the course of using our website and services, we process the following types of data from visitors and users:
- inventory data (e.g., names, addresses),
- contact data (e.g., e-mail, telephone numbers),
- content data (e.g., text entries, messages),
- usage data (e.g., web pages visited, interest in content, access times), and
- meta/communication data (e.g., device information, IP addresses).
Purpose of the processing
The Purpose of processing personal information are:
- provision of the blog and website, its functions and contents,
- responding to contact requests and communicating with users,
- lead generation and marketing,
- security measures, and
- reach measurement/marketing.
Relevant legal basis
In accordance with the NYPA and the GDPR, the following legal basis, unless specifically described below apply to the processing of your Personal Information:
- Consent: the individual has given clear consent to process personal information for a specific purpose.
- Contract: the processing is necessary for a contract or because you have asked us to take specific steps before entering into a contract.
- Legal obligation: the processing is necessary for us to comply with the law (not including contractual obligations).
- Legitimate interests: the processing is necessary for our legitimate interests or the legitimate interests of a third party, unless there is a good reason to protect your personal information which overrides those legitimate interests.
Security of your Personal Information
We take appropriate technical and organizational measures in order to ensure a level of protection appropriate to the risk. These measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access to, input, disclosure, ensuring availability and segregation of the data. We also have procedures in place to ensure the exercise of data subjects’ rights, deletion of data and response to data compromise.
Furthermore, we already take the protection of Personal Information into account during the development and selection of hardware, software, and procedures, in accordance with the principle of data protection through technology design and through data protection-friendly default settings.
However, databases or data sets that include Personal Information may be breached inadvertently or through wrongful intrusion. Upon becoming aware of a data breach, we will notify all affected individuals whose Personal Information may have been compromised, and the notice will be accompanied by a description of action being taken to reconcile any damage as a result of the data breach. Notices will be provided as expeditiously as possible after which the breach was discovered.
Your rights
Below we inform you about the rights to which you as a Data Subject may be entitled to.
The GDPR grants Passport holders of the European Union the following rights:
- Right of access
- Right to rectification
- Right to restriction of processing
- Right to erasure
- Right to information
- Right to data portability
- Right to object
- Right of withdrawal
- Right to complain to a supervisory authority
The NYPA grants New York residents the following rights:
- Right to Notice
- Right to Opt-In Consent
- Right to Access, Correct Data
- Right to Delete
To assert these rights, please contact us at any time using the details provided.
You also have the right to lodge a complaint with your local data protection supervisory authority. We would, however, appreciate the chance to deal with your concerns before you approach any other supervisory authority.
The above rights may be limited in some circumstances, for example, if fulfilling your request would reveal Personal Data about another person, if you ask us to delete information which we are required to have by law, or if we have compelling legitimate interests to keep it.
We will let you know if that is the case and will then only use your information for these purposes. You may also be unable to continue using our services if you want us to stop processing your Personal Data.
Data processing on our website
In the following sections, we explain the individual data processed, the purposes of processing, the legal bases, recipients and, where applicable, transfers to third countries.
a) Hosting
The hosting services used by us for the purpose of operating our website is onRocket.com, LLC. In doing so onRocket, processes inventory data, contact data, content data, usage data, meta data and communication data of customers, interested parties and visitors of our website and services, on the basis of our legitimate interests in an efficient and secure provision of the website and services in conjunction with the provision of contractual services and the conclusion of the contract for our services, including but not limited to our services).
b) Collection of access data and log files
We, or rather onRocket on our behalf, collect data on every access to our website on the basis of our legitimate interest. The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.
Log file information is stored for security reasons (e.g., for the clarification of abuse or fraud) for a maximum of 7 days and then deleted. Data whose further storage is necessary for evidentiary purposes is exempt from deletion until the respective incident is finally clarified.
c) Contacting us
If you contact us, we process the following data from you for the purpose of processing and handling your inquiry: Name, contact details -if provided by you- and your message. The legal basis of the data processing is our obligation to fulfill the contract and/or to fulfill our pre-contractual obligations in accordance and/or our legitimate interest in processing your inquiry.
d) Content Management System (CMS)
We also use the WordPress Content Management System (CMS), a service provided by Automattic Inc, to publish and maintain the created and edited Content and texts on our website and to provide the forms used. This means that all content and texts submitted to us by users for publication is transferred to WordPress. In addition to texts, this also includes, for example your data in our forms. This service transmits data to the USA. The legal basis for this processing is our legitimate interest.
e) Use of cookies
We use so-called cookies on our website. Cookies are small text files that are stored on your respective device (PC, smartphone, tablet, etc.) and saved by your browser. For further information please refer to our Cookie Policy. The legal basis for the use of cookies is your consent as well as our legitimate interest.
f) Comment function on this website
For the comment function on this site, in addition to your comment, details of when the comment was created, your e-mail address and, if you do not post anonymously, the username you have chosen will be stored. Our comment function stores the IP addresses of users who post comments. Since we do not check comments on our site before they are activated, we need this data to be able to take action against the author in the event of legal violations such as insults or propaganda.
The comments and the associated data (e.g., IP address) are stored and remain on our website until the commented content has been completely deleted or the comments must be deleted for legal reasons (e.g., offensive comments).
The storage of comments is based on your consent. You can revoke any consent you have given at any time. For this purpose, an informal communication by e-mail to us is sufficient. The legality of the data processing operations already carried out remains unaffected by the revocation.
g) Administration and marketing
We process data within the scope of administrative tasks as well as marketing. In doing so, we process the same data that we process in the context of providing our services. The purpose and our interest in the processing lies in the administration and marketing tasks that serve the maintenance of our business activities, performance of our tasks and provision of our services.
In this context, we disclose or transmit data to business partners, our affiliated companies, tax authorities, consultants such as tax advisors or auditors as well as other fee offices and payment service providers.
In addition, your data may be processed for market research and advertising purposes. For example, usage profiles can be created from your usage behavior and the resulting interests. This allows, for example, advertisements to be placed within and outside the website that presumably correspond to your interests. Cookies are usually stored on your computer for this purpose. Independently of this, data that is not directly collected from your devices may also be stored in the usage profiles.
h) Newsletter
If you register for our newsletter, we will regularly send you information about our services. The only data required or sending the newsletter is your e-mail address. We use the so-called double opt-in procedure for sending the newsletter. This means that we will only send you an e-mail newsletter once you have expressly confirmed that you consent to receiving newsletters. By activating the confirmation link, you give us your consent. Our Newsletter is sent using the services of MailChimp.
You can unsubscribe from the newsletter at any time via the link provided for this purpose in the newsletter or by sending a corresponding message to the responsible person named at the beginning. After unsubscribing, your e-mail address will be deleted from our newsletter distribution list immediately.
Deletion of data
The data processed by us will be deleted or its processing restricted in accordance with the requirements set out in the NYPA and the GDPR. Unless expressly stated, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. I.e., the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law.
Transfer of personal information
We will not disclose or otherwise distribute your personal information to third parties unless this is necessary for the performance of our services, you have consented to the disclosure, or the disclosure of data is permitted by relevant legal provisions.
We are entitled to outsource the processing of your personal information in whole or in part to external service providers acting as processors for within the framework of the NYPA and GDPR. External service providers support us, for example, in the technical operation and support of the website, data management, the provision and performance of services, marketing, as well as the implementation and fulfillment of reporting obligations.
The service providers commissioned by us process your data exclusively in accordance with our instructions. Nonetheless, we remain responsible for the protection of your data, which is ensured by strict contractual regulations, technical and organizational measures and additional controls by us.
Personal data may also be disclosed to third parties if we are legally obliged to do so e.g., by court order or if this is necessary to support criminal or legal investigations or other legal investigations or proceedings at home or abroad or to fulfill our legitimate interests.
Updating your information
If you believe that the information, we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion, or object to its processing, please do so by contacting us. For your protection and the protection of all our users, we may ask you to provide proof of identity before we can answer the above requests.
Keep in mind, we may reject requests for certain reasons, including if the request is unlawful or if it may infringe on trade secrets or intellectual property or the privacy of another user. Also, we may not be able to accommodate certain requests to object to the processing of personal information, notably where such requests would not allow us to provide our service to you anymore.
Affiliate Disclosure
We are a participant in Affiliate Programs. An affiliate advertising program is designed to provide a means for sites to earn advertising fees via advertising and linking to external sites.
Our website may contain affiliate marketing links, which means we may get paid commission on sales of those products or services we write about at no additional cost to you. You will never be charged a fee through one of our affiliate links. You may get a discounted rate of the relevant affiliates services and we will earn compensation. Our editorial content is not influenced by advertisers or affiliate partnerships.
Social Media
Based on our legitimate interest, we are present in various “social media” platforms in order to communicate with our users, interested parties and users registered there and to be able to inform them about our offers there. We would like to point out that you use these platforms and their functions on your own responsibility. This applies in particular to the use of the interactive functions (e.g., commenting, sharing, rating).
Children’s Privacy
Our services are restricted to users who are 18 years of age or older. We do not knowingly collect personal information from anyone under the age of 18. If you suspect that a user is under the age of 18, please contact us.
Changes
Because we’re always looking for new and innovative ways to improve our website and services, this policy may change over time. We will notify you before any material changes take effect so that you have time to review the changes.
Who should I contact for more information?
If you have any questions or comments about our Privacy Policy or wish to exercise your rights under applicable laws, please contact us using the following contact details:
Under A New Sun
Midolex, LLC
Putnam County, New York, USA
Web: underanewsun.com
E-Mail: info@underanewsun.com
This Privacy Policy was last updated on Monday, October 17, 2022