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Privacy Policy

Privacy Statement

At Darklands GmbH we take your data security seriously, and we want to make sure you are informed about how we use the information you have provided to us here.

Most importantly, we collect as little data as possible: only the necessary for customer support and communications.

Controller

The controller pursuant Art. 4 para 7 of the EU General Data Protection Regulation (GDPR) is Darklands GmbH, Lindower Strasse 22, 13347 Berlin, e-mail: estefania *at* darklandsberlin *dot* com.

Scope and purposes of collection of data

In case you are visiting our website, we will collect the following data:

  • IP address of the visitor’s terminal device;
  • date and time of access to the website;
  • URL of the website accessed by the visitor;
  • the website the visitor is referring from (referrer-URL);
  • the used browser and operating system as well as the name of the access provider;

We will use the collected data for the following purposes:

  • to guarantee a smooth establishing of connection to the website;
  • to guarantee a comfortable use of the website by visitors;
  • to analyse the security and stability of the system; and
  • to administrate the website.

We are processing these data in accordance with Art. 6 para 1 sentence 1 lit. f) GDPR. Our legitimate interest results from the above purposes of processing.

The collected data will be erased after the visit of our website unless we are subject to a legal retention obligation (e.g. for telecommunications data retention) or you have given your explicit consent to retain your data. In case we retain your data because of a legal retention obligation, the data will be erased once the retention period has expired.

Transmission of Data

We will generally not transmit the data collected upon your visit of our website to third parties. We will, in exceptional cases, transmit data to third parties in case one of the following applies:

  • you have given your explicit consent for the transmission of data pursuant Art. 6 para 1 sentence 1 lit. a) GDPR;
  • the transmission is legally permitted and necessary to perform a contractual relationship you are party to in pursuant Art. 6 para 1 sentence 1 lit. b) GDPR;
  • we are legally obligated to transmit your data pursuant Art. 6 para 1 sentence 1 lit. c) GDPR;
  • the transmission is necessary to establish, exercise or defense of legal claims except where such interest is overridden by your interest in not having your data transmitted pursuant 6 para 1 sentence 1 lit. f) GDPR.

Use of Cookies

Our website uses cookies. Cookies are small data packets which are exchanged between the visitor’s browser and the server of our website. These packets are stored on the visitor’s terminal device. In these cookies, data is stored which enables our website to recognise your browser on the next visit and automatically use the same settings as of the previous visit. Further, cookies can be used for statistical analysis of our website (see below: use of web-analysis tools, web-tracking).

Cookies will be either erased after the end of the respective session or stored on your terminal device unless you erase them.

You can prevent the use of cookies by changing your browser settings accordingly. However, please be aware that you might only have restricted use of our website in case you prevent the use of cookies.

The data processed by cookies are processed in accordance with Art. 6 para 1 sentence 1 lit. f) GDPR for legitimate interest. Such interest results from the above purposes of use of cookies.

Use of Web-Analysis Tools, Web-Tracking

Our website uses the following analysis-tools:

Google Analytics

Our website uses Google Analytics, a web-analysis tool provided by Google Inc., (https://www.google.de/intl/de/about/) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) (Google).

In this context, pseudonymised user profiles will be created and cookies will be used (see above: Use of Cookies). Information produced by the cookie regarding your use of our website, in particular

  • the respective type and version of your browser;
  • the respective operating system;
  • the referrer-URL;
  • the name of the host of the respective terminal device;
  • date and time of the retrieval of the website

will be transmitted to a server of Google located in the United States and stored there. The data will be used to analyse the use of our website, to compile reports regarding the activities on the website and to rend further services related to the use of the website and the internet, for the purposes of market research and personalising of websites. Data is transmitted to third parties to the extent that these third parties are processing the data. IP-addresses will be anonymised, which prevents allocation to a person.

Apart from the possibility to prevent the use cookies in general, (see above: Use of Cookies), you can install a browser add-on to prevent that information created by the cookie as well as data related to your use of our website (e.g.: IP-address) will be collected and processed by Google. You can download such add-on under https://tools.google.com/dlpage/gaoptout?hl=de.

In case you are using a mobile device, clicking the above link will set a so called opt-out cookie on your device which will prevent the collection of your data when visiting our website, but only for the respective type of browser.

Google and its services are certified under the EU-US Privacy Shield (Privacy Shield). The Privacy Shield is an agreement between the European Union and the United States of America to ensure compliance with European privacy standards in the United States. By resolution 2016/1250 dated 12 July 2016, the commission of the EU resolved that the Privacy Shield complies with the EU data protection standard.

The legal basis of use of the Google Analytics tool is Art. 6 para 1 sentence 1 lit. f) GDPR. The use of Google Analytics is our legitimate interest as it serves for statistical registration of the use of our website and therefore the continuous improvement of our website.

Facebook Pixel

Our website measures conversions using visitor action pixels from Facebook, a service of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (Facebook).

These allow the behaviour of site visitors to be tracked after they click on a Facebook ad to reach the provider’s website. This allows an analysis of the effectiveness of Facebook advertisements for statistical and market research purposes and their future optimization.

The data collected is anonymous to us as operators of this website and we cannot use it to draw any conclusions about our users’ identities. However, the data are stored and processed by Facebook, which may make a connection to your Facebook profile and which may use the data for its own advertising purposes, as stipulated in the Facebook privacy policy. This will allow Facebook to display ads both on Facebook and on third-party sites. We have no control over how this data is used.

Check out Facebook’s privacy policy to learn more about protecting your privacy: https://www.facebook.com/about/privacy/.

You can also deactivate the custom audiences remarketing feature in the Ads Settings section at https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen. You will first need to log into Facebook.

If you do not have a Facebook account, you can opt out of usage-based advertising from Facebook on the website of the European Interactive Digital Advertising Alliance: http://www.youronlinechoices.com/de/praferenzmanagement/.

Facebook and its services are certified under the EU-US Privacy Shield (Privacy Shield). The Privacy Shield is an agreement between the European Union and the United States of America to ensure compliance with European privacy standards in the United States. By resolution 2016/1250 dated 12 July 2016, the commission of the EU resolved that the Privacy Shield complies with the EU data protection standard.

The legal basis for the use of Facebook is Art. 6 para 1 sentence 1 lit. f). Our legitimate interest is direct marketing on Facebook.

Facebook Custom Audiences

Our website uses the remarketing service Facebook Custom Audiences (Custom Audiences), a service of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (Facebook).

This function has the purpose of directing personalised advertisement to you, based on your user behaviour.

Facebook’s remarketing tag was implemented on our website. This tag creates a direct connection between your browser and Facebook’s servers when visiting our website. What sites you were visiting is transmitted to and stored on Facebook’s servers in the US. Facebook will allocate this information to your personal Facebook profile. Facebook will use this to display personalised advertisement to you.

Facebook and its services are certified under the EU-US Privacy Shield (Privacy Shield). The Privacy Shield is an agreement between the European Union and the United States of America to ensure compliance with European privacy standards in the United States. By resolution 2016/1250 dated 12 July 2016, the commission of the EU resolved that the Privacy Shield complies with the EU data protection standard.

The legal basis of use of the web-analysis tool is Art. 6 para 1 sentence 1 lit. f) GDPR. Our legitimate interest is the extension of our advertisement reach to potentially interested Facebook users.

You can prevent the use of Facebook remarketing services by clicking the following link https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen.

You can retrieve further information regarding the collection and use of data by Facebook, including your rights and possibilities to protect your privacy in Facebook’s privacy policy at https://www.facebook.com/about/privacy.

WordPress Usage Statistics

This website uses WordPress.com-Stats (WordPress), a service of Automattic Inc., 60 29th Street 343, San Francisco, CA 94110-4929, USA using technology by Quantcast Inc., 201 3rd St, Floor 2, San Francisco, CA 94103-3153, USA. WordPress uses cookies (please see above: Use of Cookies) which allow WordPress to track how you are using the website. The information created by the cookie will be transmitted will be transmitted to a server of WordPress located in the United States and stored there. Your IP-address will be anonymised right after processing and before storing.

WordPress and its services are certified under the EU-US Privacy Shield (Privacy Shield). The Privacy Shield is an agreement between the European Union and the United States of America to ensure compliance with European privacy standards in the United States. By resolution 2016/1250 dated 12 July 2016, the commission of the EU resolved that the Privacy Shield complies with the EU data protection standard.

You can opt-out from being tracked by setting an opt-out cookie in your browser (please see above: Use of Cookies): If you delete your browser’s cookies, you’ll have to set this opt-out cookie again.

The legal basis of use of the WordPress is Art. 6 para 1 sentence 1 lit. f) GDPR. The use of WordPress is our legitimate interest as it serves for statistical registration of the use of our website and therefore the continuous improvement of our website.

Use of other services

This website further uses the following services:

Newsletter

If you would like to receive our newsletter, we require a valid email address as well as information that allows us to verify that you are the owner of the specified email address and that you agree to receive this newsletter. No additional data is collected or is only collected on a voluntary basis. We only use this data to send the requested information and do not pass it on to third parties.

We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 para 1 sentence 1 lit. f) GDPR. You can revoke consent to the storage of your data and email address as well as their use for sending the newsletter at any time, e.g. through the “unsubscribe” link in the newsletter. The data processed before we receive your request may still be legally processed.

The data provided when registering for the newsletter will be used to distribute the newsletter until you cancel your subscription when said data will be deleted. Data we have stored for other purposes (e.g. email addresses for the members area) remain unaffected.

Member Login

You can register as a member on our website. Membership allows you to safely store your sizing information and access additional features (i.e. Advanced Search).

In case you register as a member, we will store the personal information provided upon registration (gender, unit of measurement preference, name, height, weight, waist, shoe size and country of shipping). All users and website administrators can see, edit, or delete this personal information at any time.

We will not transmit the stored information, except data required to carry out an order.

The login aspect of this functionality uses a cookie which allows the site to detect if you are already logged in. You can prevent the use of this cookie (please see above: Use of Cookies).

We will process any data you submit to us upon registration as a member only with your consent per Art. 6 para 1 sentence 1 lit. f) GDPR. You can revoke consent to the storage of your data and email address as well as their use for sending the newsletter at any time, e.g. through the “unsubscribe” link in the newsletter. The data processed before we receive your request may still be legally processed.

Use of Our Web shop

WebShop

In case you buy items from our web shop, we collect the following data:

  • contact data (name, address, e-mail, telephone number);
  • possibly: VAT identification no.;
  • possibly: PayPal-account data.

We use this data only to perform the respective purchase. We erase this data, once applicable retention periods have expired.

The legal basis for the collection and processing of this data is Art. 6 Abs. 1 S. 1 lit. b) GDPR. The data is only processed to perform a contractual relationship you are party to.

Payment via PayPal

In case you chose to pay via PayPal, your data will be transmitted to PayPal, a service of PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg (PayPal).

For the payment methods of credit card via PayPal and debit via PayPal, PayPal reserves the right to carry out a credit assessment. The result of this assessment regarding statistical default probability will be used to decide whether PayPal grants the chosen payment method. The credit assessment can include score values. In case score values are involved, they are based on a mathematical-statistical procedure. You residency will be included in the score values. For further data protection relevant information, including the used credit agency, please visit https://www.paypal.com/gi/webapps/mpp/ua/privacy-full.

In case you chose to pay via PayPal, the following information will be transmitted to PayPal:

  • Name;
  • E-mail-address.

These data will be processed exclusively to perform the respective payment.

The legal basis for the processing of data is Art. 6 Abs. 1 S. 1 lit. b) GDPR. The transmission is necessary to perform a contractual relationship you are party to.

Your Rights as Data Subject

With regard to your personal data collected by us, you have the following rights against us:

  • the right to claim access to the processed data pursuant Art. 15 GDPR. In particular, to claim access to: the purposes of processing, the categories of personal data, the categories of recipients to whom the personal data have been or will be disclosed, the envisaged period for which the personal data will be stored, the existence of the right to request from us rectification or erasure of personal data, to object to such processing, 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 and, at least in those cases, meaningful information about the logic involved;
  • the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you pursuant Art. 16 GDPR;
  • the right to withdraw your given consent at any time pursuant Art. 7 para 3 GDPR. As a consequence, further processing of the personal data will not be permitted. The withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal;
  • the right to claim the erasure of personal data concerning you pursuant Art. 17 GDPR, unless the processing of the data is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims;
  • the right to obtain from us restriction of processing pursuant Art. 18 GDPR in case you contest the accuracy of the personal data, the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead, we no longer need the personal data for the purposes of the processing, but you need them for the establishment, exercise or defense of legal claims, or you have objected to processing pursuant to Art. 21 GDPR;
  • the right to receive the personal data which you have provided to us, in a structured, commonly used and machine-readable format and the right to claim transmission of those data to another controller pursuant Art. 20 GDPR;
  • in case data is processed due to legitimate interests pursuant Art. 6 para 1 lit. f) GDPR, the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you pursuant Art. 21 GDPR. Where personal data is processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, we will immediately stop the processing activity. In order to exercise this objection right, an e-mail to estefania *at* darklandsberlin *dot* com is sufficient; and
  • the right to lodge a complaint with a supervisory authority of your habitual residence or of our business seat pursuant Art. 77 GDPR.

Version

This policy statement dates from May 2018. The current version of the privacy statement is visible on https://www.darklandsberlin.com/privacy-policy at any time.