Privacy Policy
Last updated: March 29, 2021
This Privacy Policy describes Our policies
and procedures on the collection, use and disclosure of Your information when
You use the Service and tells You about Your privacy rights and how the law protects
You.
We use Your Personal data to provide and
improve the Service. By using the Service, You agree to the collection and use
of information in accordance with this Privacy Policy.
Interpretation and Definitions
The words of which the initial letter is
capitalized have meanings defined under the following conditions. The following
definitions shall have the same meaning regardless of whether they appear in
singular or in plural.
For the purposes of this Privacy Policy:
Account means a unique account created
for You to access our Service or parts of our Service.
Affiliate means an entity that controls,
is controlled by or is under common control with a party, where
"control" means ownership of 50% or more of the shares, equity
interest or other securities entitled to vote for election of directors or
other managing authority.
Application means the software program
provided by the Company downloaded by You on any electronic device, named
Sunset Bay
Business, for the purpose of the CCPA
(California Consumer Privacy Act), refers to the Company as the legal entity
that collects Consumers' personal information and determines the purposes and
means of the processing of Consumers' personal information, or on behalf of
which such information is collected and that alone, or jointly with others,
determines the purposes and means of the processing of consumers' personal
information, that does business in the State of California.
Company (referred to as either "the
Company", "We", "Us" or "Our" in this
Agreement) refers to Rote Sonne Ventures GmbH, c/o uwe Flade, Strassburger
Strasse 27, 10405 Berlin.
For the purpose of the
GDPR, the Company is the Data Controller.
Consumer, for the purpose of the CCPA
(California Consumer Privacy Act), means a natural person who is a California
resident. A resident, as defined in the law, includes (1) every individual who
is in the USA for other than a temporary or transitory purpose, and (2) every
individual who is domiciled in the USA who is outside the USA for a temporary
or transitory purpose.
Country refers to: Berlin, Germany
Data Controller, for the purposes of the
GDPR (General Data Protection Regulation), refers to the Company as the legal
person which alone or jointly with others determines the purposes and means of
the processing of Personal Data.
Device means any device that can access
the Service such as a computer, a cellphone or a digital tablet.
Do Not Track (DNT) is a concept that has
been promoted by US regulatory authorities, in particular the U.S. Federal
Trade Commission (FTC), for the Internet industry to develop and implement a
mechanism for allowing internet users to control the tracking of their online
activities across websites.
Personal Data is any information that
relates to an identified or identifiable individual.
For the purposes for GDPR,
Personal Data means any information relating to You such as a name, an
identification number, location data, online identifier or to one or more
factors specific to the physical, physiological, genetic, mental, economic,
cultural or social identity.
For the purposes of the
CCPA, Personal Data means any information that identifies, relates to,
describes or is capable of being associated with, or could reasonably be
linked, directly or indirectly, with You.
Sale, for the purpose of the CCPA
(California Consumer Privacy Act), means selling, renting, releasing,
disclosing, disseminating, making available, transferring, or otherwise
communicating orally, in writing, or by electronic or other means, a Consumer's
personal information to another business or a third party for monetary or other
valuable consideration.
Service refers to the Application.
Service Provider means any natural or
legal person who processes the data on behalf of the Company. It refers to
third-party companies or individuals employed by the Company to facilitate the
Service, to provide the Service on behalf of the Company, to perform services
related to the Service or to assist the Company in analyzing how the Service is
used. For the purpose of the GDPR, Service Providers are considered Data
Processors.
Third-party Social Media Service refers
to any website or any social network website through which a User can log in or
create an account to use the Service.
Usage Data refers to data collected
automatically, either generated by the use of the Service or from the Service
infrastructure itself (for example, the duration of a page visit).
You means the individual accessing or
using the Service, or the company, or other legal entity on behalf of which
such individual is accessing or using the Service, as applicable.
Under GDPR (General Data
Protection Regulation), You can be referred to as the Data Subject or as the
User as you are the individual using the Service.
Collecting and Using Your Personal Data
While using Our Service, We will not ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Usage Data
Usage Data is collected automatically when
using the Service.
Usage Data may include information such as Oculus Device's version, duration of access and action type of headset and controllers. This information is not user specified but anonymous.
The Company allows You to create an account
and log in to use the Service through the following Third-party Social Media
Services:
If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We never collect Personal data that is already associated with Your Third-Party Social Media Service's account, such as Your name, Your email address, Your activities or Your contact list associated with that account.
You may also have the option of sharing
additional information with the Company through Your Third-Party Social Media
Service's account. If You choose to provide such information and Personal Data,
during registration or otherwise, You are giving the Company permission to use,
share, and store it in a manner consistent with this Privacy Policy.
The Company may use Personal Data for the
following purposes:
To provide and maintain our Service,
including to monitor the usage of our Service.
To manage Your Account: to manage Your
registration as a user of the Service. The Personal Data You provide can give
You access to different functionalities of the Service that are available to
You as a registered user.
For the performance of a contract: the
development, compliance and undertaking of the purchase contract for the
products, items or services You have purchased or of any other contract with Us
through the Service.To contact You: To contact You by email,
telephone calls, SMS, or other equivalent forms of electronic communication,
such as a mobile application's push notifications regarding updates or
informative communications related to the functionalities, products or
contracted services, including the security updates, when necessary or
reasonable for their implementation.To provide You with news, special offers
and general information about other goods, services and events which we offer
that are similar to those that you have already purchased or enquired about
unless You have opted not to receive such information.
To manage Your requests: To attend and
manage Your requests to Us.For business transfers: We may use Your
information to evaluate or conduct 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 Service users
is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our Service, products, services, marketing and your experience.
We never share Your personal information.For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.With Your consent: We may disclose Your personal information for any other purpose with Your consent.
The Company will retain Your Personal Data
only for as long as is necessary for the purposes set out in this Privacy
Policy. We will retain and use Your Personal Data to the extent necessary to
comply with our legal obligations (for example, if we are required to retain
your data to comply with applicable laws), resolve disputes, and enforce our
legal agreements and policies.
The Company will also retain Usage Data for
internal analysis purposes. Usage Data is generally retained for a shorter
period of time, except when this data is used to strengthen the security or to
improve the functionality of Our Service, or We are legally obligated to retain
this data for longer time periods.
Your information, including Personal Data,
is processed at the Company's operating offices and in any other places where
the parties involved in the processing are located. It means that this
information may be transferred to — and maintained on — computers located
outside of Your state, province, country or other governmental jurisdiction
where the data protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy
followed by Your submission of such information represents Your agreement to
that transfer.
The Company will take all steps reasonably
necessary to ensure that Your data is treated securely and in accordance with
this Privacy Policy and no transfer of Your Personal Data will take place to an
organization or a country unless there are adequate controls in place including
the security of Your data and other personal information.
Under certain circumstances, the Company
may be required to disclose Your Personal Data if required to do so by law or
in response to valid requests by public authorities (e.g. a court or a
government agency).
The Company may disclose Your Personal Data
in the good faith belief that such action is necessary to:
The security of Your Personal Data is
important to Us, but remember that no method of transmission over the Internet,
or method of electronic storage is 100% secure. While We strive to use
commercially acceptable means to protect Your Personal Data, We cannot
guarantee its absolute security.
Detailed Information on the Processing of
Your Personal Data
The Service Providers We use may have
access to Your Personal Data. These third-party vendors collect, store, use,
process and transfer information about Your activity on Our Service in
accordance with their Privacy Policies.
We may provide paid products and/or services within the Service. In that case, payments will be handled by Oculus. We won´t get any information about the payer.
In App Purchase Oculus
Their Privacy Policy can be
viewed at https://www.oculus.com/legal/privacy-policy/
GDPR Privacy
We may process Personal Data under the
following conditions:
In any case, the Company will gladly help
to clarify the specific legal basis that applies to the processing, and in
particular whether the provision of Personal Data is a statutory or contractual
requirement, or a requirement necessary to enter into a contract.
The Company undertakes to respect the
confidentiality of Your Personal Data and to guarantee You can exercise Your
rights.
You have the right under this Privacy
Policy, and by law if You are within the EU, to:
You may exercise Your rights of access,
rectification, cancellation and opposition by contacting Us. Please note that
we may ask You to verify Your identity before responding to such requests. If
You make a request, We will try our best to respond to You as soon as possible.
You have the right to complain to a Data
Protection Authority about Our collection and use of Your Personal Data. For
more information, if You are in the European Economic Area (EEA), please
contact Your local data protection authority in the EEA.
CCPA Privacy
This privacy notice section for California
residents supplements the information contained in Our Privacy Policy and it
applies solely to all visitors, users, and others who reside in the State of
California.
We collect information that identifies,
relates to, describes, references, is capable of being associated with, or
could reasonably be linked, directly or indirectly, with a particular Consumer
or Device. The following is a list of categories of personal information which
we may collect or may have been collected from California residents within the
last twelve (12) months.
Please note that the categories and
examples provided in the list below are those defined in the CCPA. This does
not mean that all examples of that category of personal information were in
fact collected by Us, but reflects our good faith belief to the best of our
knowledge that some of that information from the applicable category may be and
may have been collected. For example, certain categories of personal
information would only be collected if You provided such personal information
directly to Us.
Category A: Identifiers.
Examples: A real name,
alias, postal address, unique personal identifier, online identifier, Internet
Protocol address, email address, account name, driver's license number,
passport number, or other similar identifiers.
Collected: Yes.
Category B: Personal information categories listed in the California
Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Examples: A name,
signature, Social Security number, physical characteristics or description,
address, telephone number, passport number, driver's license or state
identification card number, insurance policy number, education, employment,
employment history, bank account number, credit card number, debit card number,
or any other financial information, medical information, or health insurance
information. Some personal information included in this category may overlap
with other categories.
Collected: Yes.
Category C: Protected classification characteristics under
California or federal law.
Examples: Age (40 years or
older), race, color, ancestry, national origin, citizenship, religion or creed,
marital status, medical condition, physical or mental disability, sex
(including gender, gender identity, gender expression, pregnancy or childbirth
and related medical conditions), sexual orientation, veteran or military
status, genetic information (including familial genetic information).
Collected: No.
Category D: Commercial information.
Examples: Records and
history of products or services purchased or considered.
Collected: Yes.
Category E: Biometric information.
Examples: Genetic, physiological,
behavioral, and biological characteristics, or activity patterns used to
extract a template or other identifier or identifying information, such as,
fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke,
gait, or other physical patterns, and sleep, health, or exercise data.
Collected: No.
Category F: Internet or other similar network activity.
Examples: Interaction with
our Service or advertisement.
Collected: Yes.
Category G: Geolocation data.
Examples: Approximate
physical location.
Collected: No.
Category H: Sensory data.
Examples: Audio,
electronic, visual, thermal, olfactory, or similar information.
Collected: No.
Category I: Professional or employment-related information.
Examples: Current or past
job history or performance evaluations.
Collected: No.
Category J: Non-public education information (per the Family
Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part
99)).
Examples: Education
records directly related to a student maintained by an educational institution
or party acting on its behalf, such as grades, transcripts, class lists,
student schedules, student identification codes, student financial information,
or student disciplinary records.
Collected: No.
Category K: Inferences drawn from other personal information.
Examples: Profile
reflecting a person's preferences, characteristics, psychological trends,
predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Collected: No.
Under CCPA, personal information does not
include:
We obtain the categories of personal
information listed above from the following categories of sources:
We may use or disclose personal information
We collect for "business purposes" or "commercial purposes"
(as defined under the CCPA), which may include the following examples:
Please note that the examples provided
above are illustrative and not intended to be exhaustive. For more details on
how we use this information, please refer to the "Use of Your Personal
Data" section.
If We decide to collect additional
categories of personal information or use the personal information We collected
for materially different, unrelated, or incompatible purposes We will update
this Privacy Policy.
We may use or disclose and may have used or
disclosed in the last twelve (12) months the following categories of personal
information for business or commercial purposes:
Please note that the categories listed
above are those defined in the CCPA. This does not mean that all examples of
that category of personal information were in fact disclosed, but reflects our
good faith belief to the best of our knowledge that some of that information
from the applicable category may be and may have been disclosed.
When We disclose personal information for a
business purpose or a commercial purpose, We enter a contract that describes
the purpose and requires the recipient to both keep that personal information
confidential and not use it for any purpose except performing the contract.
As defined in the CCPA, "sell"
and "sale" mean selling, renting, releasing, disclosing,
disseminating, making available, transferring, or otherwise communicating
orally, in writing, or by electronic or other means, a consumer's personal
information by the business to a third party for valuable consideration. This
means that We may have received some kind of benefit in return for sharing
personal information, but not necessarily a monetary benefit.
Please note that the categories listed
below are those defined in the CCPA. This does not mean that all examples of
that category of personal information were in fact sold, but reflects our good
faith belief to the best of our knowledge that some of that information from
the applicable category may be and may have been shared for value in return.
We may sell and may have sold in the last
twelve (12) months the following categories of personal information:
We may share Your personal information
identified in the above categories with the following categories of third
parties:
We do not knowingly collect personal
information from minors under the age of 16 through our Service, although
certain third party websites that we link to may do so. These third-party
websites have their own terms of use and privacy policies and we encourage
parents and legal guardians to monitor their children's Internet usage and
instruct their children to never provide information on other websites without
their permission.
We do not sell the personal information of
Consumers We actually know are less than 16 years of age, unless We receive
affirmative authorization (the "right to opt-in") from either the
Consumer who is between 13 and 16 years of age, or the parent or guardian of a
Consumer less than 13 years of age. Consumers who opt-in to the sale of
personal information may opt-out of future sales at any time. To exercise the
right to opt-out, You (or Your authorized representative) may submit a request
to Us by contacting Us.
If You have reason to believe that a child
under the age of 13 (or 16) has provided Us with personal information, please
contact Us with sufficient detail to enable Us to delete that information.
The CCPA provides California residents with
specific rights regarding their personal information. If You are a resident of
California, You have the following rights:
In order to exercise any of Your rights
under the CCPA, and if You are a California resident, You can contact Us:
By email:
contact@rotesonne.org
By visiting this page on our
website: http://rotesonne.org/contact/
Only You, or a person registered with the
California Secretary of State that You authorize to act on Your behalf, may
make a verifiable request related to Your personal information.
Your request to Us must:
We cannot respond to Your request or
provide You with the required information if we cannot:
We will disclose and deliver the required
information free of charge within 45 days of receiving Your verifiable request.
The time period to provide the required information may be extended once by an
additional 45 days when reasonable necessary and with prior notice.
Any disclosures We provide will only cover
the 12-month period preceding the verifiable request's receipt.
For data portability requests, We will
select a format to provide Your personal information that is readily useable
and should allow You to transmit the information from one entity to another
entity without hindrance.
You have the right to opt-out of the sale
of Your personal information. Once We receive and confirm a verifiable consumer
request from You, we will stop selling Your personal information. To exercise
Your right to opt-out, please contact Us.
"Do Not Track" Policy as Required
by California Online Privacy Protection Act (CalOPPA)
Our Service does not respond to Do Not
Track signals.
However, some third party websites do keep
track of Your browsing activities. If You are visiting such websites, You can
set Your preferences in Your web browser to inform websites that You do not
want to be tracked. You can enable or disable DNT by visiting the preferences
or settings page of Your web browser.
Children's Privacy
Our Service does not address anyone under
the age of 13. We do not knowingly collect personally identifiable information
from anyone under the age of 13. If You are a parent or guardian and You are
aware that Your child has provided Us with Personal Data, please contact Us. If
We become aware that We have collected Personal Data from anyone under the age
of 13 without verification of parental consent, We take steps to remove that
information from Our servers.
If We need to rely on consent as a legal
basis for processing Your information and Your country requires consent from a
parent, We may require Your parent's consent before We collect and use that
information.
Your California Privacy Rights (California's
Shine the Light law)
Under California Civil Code Section 1798
(California's Shine the Light law), California residents with an established
business relationship with us can request information once a year about sharing
their Personal Data with third parties for the third parties' direct marketing purposes.
If you'd like to request more information
under the California Shine the Light law, and if You are a California resident,
You can contact Us using the contact information provided below.
California Privacy Rights for Minor Users
(California Business and Professions Code Section 22581)
California Business and Professions Code
section 22581 allow California residents under the age of 18 who are registered
users of online sites, services or applications to request and obtain removal
of content or information they have publicly posted.
To request removal of such data, and if You
are a California resident, You can contact Us using the contact information
provided below, and include the email address associated with Your account.
Be aware that Your request does not
guarantee complete or comprehensive removal of content or information posted
online and that the law may not permit or require removal in certain
circumstances.
Links to Other Websites
Our Service may contain links to other
websites that are not operated by Us. If You click on a third party link, You
will be directed to that third party's site. We strongly advise You to review
the Privacy Policy of every site You visit.
We have no control over and assume no
responsibility for the content, privacy policies or practices of any third
party sites or services.
Changes to this Privacy Policy
We may update Our Privacy Policy from time
to time. We will notify You of any changes by posting the new Privacy Policy on
this page.
We will let You know via email and/or a
prominent notice on Our Service, prior to the change becoming effective and
update the "Last updated" date at the top of this Privacy Policy.
You are advised to review this Privacy
Policy periodically for any changes. Changes to this Privacy Policy are
effective when they are posted on this page.
Contact Us
If you have any questions about this
Privacy Policy, You can contact us:
By email:
contact@rotesonne.org
By visiting this page on our
website: http://rotesonne.org/contact/
