GDPR Compliance

As required by Article 13 of the General Data Protection Regulation (Regulation (EU) 106/679 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) (“GDPR”), please find the following information below:

(a) The identity and contact details of the controller and, where applicable, of the controller’s representative:

a.       Controller –, L.L.C. (“Nexcess”)

b.        Contact Details – 21700 Melrose Avenue, Southfield, Michigan 48075 USA

(b) The purposes of the processing for which the personal data are intended as well as the legal basis for the processing:

a.        Purposes

i.    Send you requested product or service information;

ii.    Respond to your service requests;

iii.    Send you newsletters;

iv.    Send you marketing communications;

v.    Respond to your questions and concerns; and

vi.    Conduct research and analysis.

b.        Legal Basis for Processing – Your consent

(c) Recipients or categories of recipients of the personal data:

a., Inc.

b.        AdRoll, Inc.

c.        Marin Software, Inc.

(d) Please be advised that Nexcess intends to transfer any personal data collected from you outside the European Economic Area. Nexcess is registered under the EU-US Privacy Shield and Nexcess shall rely on such registration as the transfer mechanism under the GDPR for any such transfers of your personal information.

(e) Nexcess will store your personal data indefinitely in order to send you marketing communications and track the correspondence between you and Nexcess.

(f) Please be aware that pursuant to Articles 16, 17 & 18 of the GDPR, you have the following rights:

a.       Rectification – You have the right to obtain from Nexcess the rectification of any inaccurate personal data concerning you that Nexcess processes.

b.        Right to Erasure – You have the right to obtain from Nexcess the erasure of your personal data without undue delay where:

i.    the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

ii.    you withdraw your consent to the processing by Nexcess; or

iii.    you object to the processing pursuant to Article 21 of the GDPR.

c.       Right to Restriction of Processing – You have the right to obtain from Nexcess restriction of processing where:

i.    the accuracy of your personal data is contested by you, for a period enabling Nexcess to verify the accuracy of the personal data; and

ii.   the processing is unlawful, and you oppose the erasure of the personal data and request the restriction of the personal data instead;

d.        Right Data Portability – You have the right to receive the personal data concerning you, which you have provided to Nexcess, in a structured, commonly used and machine-readable format and have the right to transmit said data to another controller without hindrance from Nexcess.

(g) Due to the fact the Nexcess’ processing of your personal data is based on your consent, you have the right to withdraw your consent at any time. Please note that your withdrawal of consent will not affect the lawfulness of Nexcess’ processing of your personal data based on consent before you withdrew your consent to said processing.

(h) You have the right to lodge a complaint with a supervisory authority in the European Union Member State of your habitual residence, place of work or place of the alleged infringement if you believe that Nexcess’ processing of your data infringes the GDPR.

(i) Please be aware that if you purchase any of Nexcess’ goods or services, your personal data will be processed by Nexcess for purposes outside the scope listed herein. For additional information, please review Nexcess’ privacy policy:


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