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Data protection declaration Near Dark GmbH

Privacy and data protection
We are happy that you are using our internet site. The protection of your personal data are very important for us. So below we will show you detailed what we do with your data. At every call of a website, your computer send data like the site you are visiting, used send quantity of data, IP address, date, time, requesting provider to our server. These data we use only for a continuous management and improvement of our sites. This is conform with the German General Data Protection Regulation ( further GDPR ), article 6, section 1, site 1, letter F, to protect our overriding interests in a correct presentation of our offers and internet sites. Consulting our internet site is usually possible without information of your personalized data. Near Dark GmbH guarantees, that your personal data will be highly protected and will not be submitted to third parties, except to process your order, we will transmit your data to our delivery partners (name, address, telephone, and email-address). Our delivery services have to follow the same German rules of data protection just as we do. Your personal data, that you give us to process your order, or to contact us, we only use for the purpose, for which you gave us these data. This agreement to use your data you can revoke at any time. (by email to datenschutz@neardark.de, or by letter to Near Dark GmbH, Bonner Str. 11a, DE-53773 Hennef, Germany). Your data will be deleted, as soon as they are no longer necessary to process your order, or as long as the German law requires to safe the data, any other of your data will be deleted immediately.

E-Mail-Advertising and registration to the newsletter
When you sign up to our newsletter, we use your personal data and additional send data depending on your agreement, conform the regulations of GDPR, article 6, section 1, site 1, letter A, to send you our newsletters. You can revoke this agreement at every time to the further announced contact or a prepared link in the newsletter. After cancellation we remove your E-Mail-Address of our system, except your agreement to a further usage of your data or we reserve us the legal right using your data beyond your cancellation.

German Federal Data Protection Act (FDPA) and German Tele media Act (TMA) 

Our practice of data protection is in accordance with the actual German Federal Data Protection Act (FDPA) and the actual German Tele media Act (TMA). According to the Federal Data Protection Act (FDPA) are personal data exclusively information’s about natural persons. We indicate, that electronic data transmissions in the internet are not completely protected against attacks from unauthorized persons or computers.

SSL – Secure Socket Layer
When you are asked to give us your personal data, we receive them by a temporarily encoded SSL-transmission (Secure Socket Layer), an internationally accepted secure standard. So we protect your data against unauthorized access by third parties. You can recognize the secure connection in the address line of your internet browser, at the left side. There you can see that the URL of our website begins with https://.... Your data will be stored on our own protected computers and only used within the Near Dark GmbH. As another evidence for a secure transmission, you can also see a closed lock at the left side of the address line of your internet browser.

Cookies
Your visit at our website will only be stored as anonym data for statistical purposes, so named cookies. These data do not contain any personal data. We only can see your internet provider, from which website you’ve been coming to our website, date and time of your visit. We use the data to generate a user profile. Therefor we use cookies. They are small text files on your computer. They cannot damage your system. The cookies are not meant for unauthorized persons or computers, but with help of the cookies we can improve your experience on our website. You have the right and the opportunity, to reject these cookies, but without these cookies our service will be reduced and in some cases you might not be able to make use of all functions of our website. We don’t give these data to third parties. You can every time deny the use of cookies, but when you do this, it is possible, that you cannot use our internet sites or offers in full manner. This is conform with the German General Data Protection Regulation ( further GDPR ), article 6, section 1, site 1, letter F, to protect our overriding interests in a correct presentation of our offers and internet sites. We also use so named session cookies. These are cookies that will be deleted immediately, when you leave our internet sites. Other cookies are permanent on your computer (persistent cookies). The time of storing these cookies depends on your browser-adjustment about cookies. Here are some hints for some browser, how to adjust cookies:
Safari™: https://support.apple.com/kb/PH21411?viewlocale=en_US&locale=en_US
Chrome™: https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=en-GB
Firefox™: https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored
Opera™ : http://help.opera.com/Windows/10.20/en/cookies.html
If you deny cookies, the functionality of our websites may be limited.


Precautions
We have implemented necessary technical and organizational measures, to guarantee a maximum security for your personal data:       
1. Network and Computer of the Near Dark GmbH are protected against unauthorized access.
2. All employees of the Near Dark GmbH are legally obligated to observe the law of §5 FDPA and following §§.
3. The Data Protection Officer and our internal IT-Department check regularly, that the data protection regulations are up to date.

Questions about data protection
If you have any question, suggestion or complaint in reference to the data protection at Near Dark GmbH, please contact our Data Protection Officer, who will be available for all your questions.

Officer of the data protection
Near Dark GmbH
Data Protection Officer 
Bonner Str. 11a
DE-53773 Hennef
Germany
Phone: +49224287416121
Fax: +4922428741629
E-Mail: datenschutz@neardark.de

Legal references:

Copyrights
Content and structure of our internet sites are under law of our copyright. All rights reserved. Information’s or data’s  (Text, pics, audio, video, animations) of the Near Dark GmbH Internet sites are not allowed to copy, public or use without written approval of the Near Dark GmbH, also not in extracts.

Trademarks and und logos
On the Near Dark GmbH internet sites used trademarks and logos are protected by their owners. It is not allowed to use them without their or/and our written approval.

Hyperlinks and Links on our internet site
Many companies you will find under their own names, they may have an own internet site. Maybe, there are also protected information’s.
If you use some links in our Near Dark GmbH internet sites, you will leave our sites and our responsibility. Near Dark GmbH will never assume warranty for the correctness, precision, reliability or completeness of information’s on internet sites you visit over our links. We reject any liability for faults or omissions in foreign internet sites. A link from our internet sites is only a help to get to this pages. This is not a sign, that Near Dark GmbH will be approve, or say the information’s are right on this internet sites.

Data sharing
To fulfill the performance of any contract between yours and us, we have to share personal data conform the GDPR, article 6, section 1, site 1, letter A, to our delivery agents, as far as it is necessary handling our contract with you. Depending on your credit institute, your institute will use your personal data itself. Data protection declarations of the respective credit institute will then be valid.

Data sharing to delivery provider
If you declare during or after your order, that you explicit instructed us to fulfill your order in accordance with the GDPR, article 6, section 1, site 1, letter A, we will share in addition to your personal data your E-Mail-Address and telephone number to the selected delivery provider, so he can contact you during the fulfillment of this order. You can deny this at every time by informing the selected provider or contact us. Your data will be deleted, as soon as they are no longer necessary to process your order, or as long as the German law requires to safe the data, any other of your data will be deleted immediately. Our delivery providers are in most cases: 

DPD Deutschland GmbH
Wailandtstraße 1
DE-63741 Aschaffenburg
Germany

DHL Paket GmbH
Sträßchens Weg 10
DE-53113 Bonn
Germany

UPS United Parcel Service Deutschland Inc. & Co. OHG
Görlitzer Str. 1
41460 Neuss
Germany

Set Links to Near Dark GmbH Internet sites
Setting a link to the internet sites of Near Dark GmbH is only permitted, if it links to the homepage of Near Dark GmbH (https://neardark.de).

Hint
We are trying to protect your personal data as far as possible through technical and organizational funds, we are afraid to tell you, that a complete protection against unauthorized persons or computers is not possible. 

Contacts and your rights
As affected company and/or person you have the following rights: 
In accordance with GDPR, article 15, you have the right to request the information, which of you we use.
In accordance with GDPR, article 16, you have the right to request the immediately correction of incomplete or wrong data of yours.
In accordance with GDPR, article 17, you have the right to request the cancellation of your data, except these data are not necessary for the further processing to use the right of free expression of opinion, fulfill legal right obligations, assertion, and fulfillment defend legal claims.
In accordance with GDPR, article 18, you have the right to request the limitation of working with your data, as far as data may be wrong, in your opinion, or the usage of your data are illegal, but you deny the cancellation, or we don’t use your data any more, you need this data for fulfill legal right obligations, assertion, fulfillment and defend legal claims.
In accordance with GDPR, article 20, you have the right to permit your personal data in a not machine readable format, that we can read or decode; or only a named person by you in our company shall receive your data.
In accordance with GDPR, article 21, you contradict the usage of your data.
In accordance with GDPR, article 20, you have the right to complain at a supervisory authority. Usual you can contact a supervisory authority in your city, or workplace or at the location of our company.

Contradiction right
As far as we protect our overriding interests in a correct presentation of our offers and internet sites in accordance with the GDPR, article 6, section 1, site 1, letter F, to protect our overriding interests in a correct presentation of our offers and internet sites, you have the right to contract now and in future the usage of your personal data, in accordance with the usage for advertising. In the manner of using the data in –normal- order process or our intern storage, you can contract the usage of data only at special reason. The exception is a necessary protection of these data that override your right of personal interests, rights or freedom or when you need this data to fulfill legal right obligations, assertion, and fulfillment defend legal claims.

Privacy Policy for the use of Facebook plug-ins (Like-Button)
On our pages plugins of the social network Facebook (Facebook Inc., 1601 Willow Road, Menlo Park, California, 94025, USA) are integrated. The Facebook plugins can be recognized by the Facebook logo or the Like-Button (Like) on our site. An overview of the Facebook plugins can be found here: http://developers.facebook.com/docs/plugins/. When you visit our pages, the plugin establishes a direct connection between your browser and the Facebook server. Facebook receives the information that you have visited our site with your IP address. If you click on the Facebook Like-Button while you are logged into your Facebook account, you can link the contents of our pages to your Facebook profile. As a result, Facebook can assign the visit to our pages to your user account. We point out that we as the provider of the pages are not aware of the content of the data transmitted and their use by Facebook. Further information can be found in the Facebook privacy policy at http://de-de.facebook.com/policy.php. If you do not wish Facebook to associate your visit to our pages with your Facebook user account, please log out of your Facebook user account. Adjustments to protect your personal data, please look here at the data protection hints of the selected provider: http://www.facebook.com/policy.php

Google Analytics
This website uses Google Analytics an analytics program provided by Google Inc. ("Google").
Google Analytics uses cookies to analyze how a visitor to the website uses the web site. The information how you use the page (including your IP- address) are transferred to Google and saved on servers in the USA.
Google uses this information to evaluate your visit to our website, produce reports which inform us about activities on the website, and to offer other services concerning our sites users.
Google may give this information to other parties as required by US law.
You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.
Should you wish to opt out of this data collection, you can do so by clicking on this link: http://www.neardark.de/exclude_google_analytics.html

Privacy Policy for the use of Google AdSense
This website uses Google AdSense, a service for integrating advertisements of Google Inc. ("Google"). Google AdSense uses so-called "cookies", text files that are stored on your computer and that allow an analysis of the use of the website. Google AdSense also uses so-called web beacons (invisible graphics). These web beacons can be used to evaluate information such as visitor traffic on these pages.
The information generated by cookies and web beacons on the use of this website (including your IP address) and delivery of advertising formats are transmitted to and stored by Google on servers in the USA. This information may be shared by Google with Google affiliates. However, Google will not merge your IP address with other data you have stored.
You can prevent the installation of cookies by setting your browser software accordingly; however, please be aware that in this case you may not be able to fully use all the features of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

Privacy Policy for the use of Google +1
Collection and dissemination of information:             
Use the Google +1 button to publish information worldwide. The Google + 1 button will provide you and other users with personalized content from Google and our partners. Google stores both the information that you + 1 for a piece of content and information about the page you viewed when you clicked +1. Your + 1's may appear as clues along with your profile name and photo in Google services, such as in search results or in your Google profile, or elsewhere on websites and ads on the web.
Google records information about your + 1 activity to improve Google services to you and others. To use the Google + 1 button, you need a globally visible, public Google profile that has at least the name chosen for the profile. This name will be used in all Google services. In some cases, this name may also replace a different name you used when sharing content through your Google Account. The identity of your Google Profile may be displayed to users who know your email address or have other identifying information from you.
Use of the information collected
In addition to the uses outlined above, the information you provide will be used in accordance with applicable Google privacy policy. Google may publish summarized statistics about users + 1 activity or share it with users and partners, such as publishers, advertisers, or affiliate websites.

Privacy Policy for the use of Twitter
Functions of the Twitter service are integrated on our sites. These functions are provided by Twitter Inc., Twitter, Inc. 1355 Market St, Suite 900, San Francisco, CA 94103, USA. By using Twitter and the Re-Tweet feature, the web pages you visit will be linked to your Twitter account and shared with other users. This data is also transmitted to Twitter. We point out that we as the provider of the pages are not aware of the content of the transmitted data and their use by Twitter. For more information, see the Twitter Privacy Policy at http://twitter.com/privacy.
You can change your privacy settings on Twitter in the Account Settings at http://twitter.com/account/settings.
Source reference: eRecht24, Facebook Privacy Statement, Google Analytics Privacy Policy, Google AdSense Disclaimer, Google +1 Terms, Privacy Policy Twitter. Adjustments to protect your personal data, please look here at the data protection hints of the selected provider: https://twitter.com/privacy .

Contradiction
The use, in case of publication of our contact data’s, prescribed by law, we prohibit the unsolicited consignment of any kind of advertising and/or information material. As owner of the Near Dark GmbH internet site, we reserve us explicit the right, to use juridical steps in case of unsolicited mailing of any kind of advertising, also over spam mails. 

Status 18.05.2018

Data protection declaration was made by the intern Data Protection Officer of the Near Dark GmbH and with the Trusted Shop Right Texter in cooperation with Wilde Beuger Solmecke Lawyers.

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