Privacy policy

1 General

We are very pleased about your interest in our company and our products. Data protection has a high priority for us. In this data protection declaration we inform you about the data processing of your personal data when you visit our website.

2 Information about the responsible person

Responsible for the processing of your personal data of this website is:

DSB Evolution GmbH
Boveristrasse 22-34
68309 Mannheim
Germany

E-mail: info@darksidebicylces.com

3 Data collection and data use

According to Art. 4 No. 1 DSGVO, personal data are all information with the help of which a person can be identified as such. This includes, for example, your name, address, e-mail address or telephone number.

This privacy policy only applies to this website. It does not apply to other websites to which we refer by hyperlink. We cannot accept any responsibility for the confidential handling of your personal data on these third-party websites, as we have no influence on whether these companies comply with data protection regulations. Please inform yourself about the handling of your personal data by these companies directly on these websites.

3.1 Collection of personal data when using the website

To provide our website (without, for example, registration or use of the contact form), we process technically necessary data via server log files that are automatically transmitted to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure stability and security:

  • IP address
  • Date and time of the request
  • Name and URL of the retrieved file
  • Referrer URL (the previously visited page)
  • Access status/HTTP status code
  • Browser type and version
  • Operating system and its interface
  • Language and version of the browser software

The legal basis for the storage of the data is Art. 6 para. 1 lit. f DSGVO. The processing of the aforementioned data is necessary for the provision of a website and thus serves to protect a legitimate interest of our company.

As soon as the aforementioned personal data is no longer required to display the website, it will be deleted. The collection of data for the provision of the website and the storage of the data in log files is mandatory for the operation of the website. Therefore, there is no possibility of objection on the part of the user. Further storage may take place in individual cases if this is required by law.

3.2 Collection of personal data during registration

We offer you the opportunity to register on our website by providing personal data (create user account). Depending on the type of contract concluded, we store the following data:

  • Name, first name
  • Address
  • Billing address
  • E-mail address
  • Phone number

As part of the registration process, you will be asked whether you have read and agree to the Privacy Policy, which you confirm by clicking on the box and ticking the appropriate box. By doing so, you consent to the use of your personal data for the following purposes:

  • Processing of orders
  • Sending of direct advertising, e.g. by e-mail, package insert or post, sending of offers and vouchers
  • Sending of evaluation requests
  • Sending of our newsletter

In case of consent, the legal basis for the processing is Art. 6 (1) lit. a DSGVO. If your registration serves the preparation of a contract conclusion, Art. 6 para. 1 lit. b DSGVO is the additional legal basis.

The data collected during registration will be stored by us as long as you are registered on our website. You have the option to delete the user account yourself. If we are not legally obliged to store the data, it will also be deleted.

3.3 Order in our online shop

When an order is placed in our online store, we collect the following data from the orderer:

  • First and last name
  • Address
  • Date of birth
  • Telephone number
  • gender
  • E-mail address

We need this data for the processing of the purchase contract, the shipment of the goods, the invoicing and for the returns management. The processing of this data is necessary for the fulfillment of the purchase contract concluded via our online store (Art. 6 para. 1 b DSGVO). We delete this data as soon as it is no longer required for the above-mentioned purposes. In addition, there may be legal obligations to retain data, for example, obligations to retain data under commercial or tax law in accordance with the German Commercial Code (HGB) or the German Fiscal Code (AO). If such retention obligations exist, we will block or delete your data at the end of these retention obligations.

3.4 Payment processing

For payment processing, we process your payment information when you purchase a product through our website. Depending on the payment doctor, we forward this payment information to third parties (e.g. in the case of credit card payment to the credit card provider).

3.4.1 PayPal

When paying with PayPal, we pass on your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal") as part of the payment processing. This data processing is necessary for the execution or fulfillment of the contract (Art. 6 para. 1 b DSGVO). The transfer will only take place insofar as this is necessary for the payment processing. PayPal reserves the right to conduct a credit check for the payment methods credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "installment payment" via PayPal. For this purpose, your payment data may be passed on to credit agencies in accordance with Art. 6 para. 1 lit. f DSGVO on the basis of PayPal's legitimate interest in determining your solvency. PayPal uses the result of the credit check in terms of the statistical probability of non-payment for the purpose of deciding on the provision of the respective payment method. The creditworthiness information may contain probability values (so-called score values). Insofar as score values are included in the result of the credit report, these have their basis in a scientifically recognized mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data. You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for the contractual processing of payments. For further information on data protection, please refer to PayPal's privacy policy: https://www.paypal.com/de/webapps/mpp/ua/privacy-full.

3.4.2 Shopify Payments

For all other payment methods offered, we use the payment service provider "Shopify Payments". If you have opted for a payment method offered via the payment service provider Shopify Payments, the payment processing is carried out via the technical service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, to whom we pass on the information you provided during the ordering process. The transfer of your data to Stripe is based on Art. 6 (1) a DSGVO (consent) and Art. 6 (1) b DSGVO (processing for the performance of a contract). You have the option to revoke your consent to data processing at any time. A revocation does not affect the effectiveness for past data processing operations. All data required for payment processing is used only for the execution of payments and is transmitted via the "SSL" procedure. Stripe is certified according to PCI DSS. It transfers, processes and stores personal data outside the EU, if applicable. In this case, Stripe has agreed to EU standard contractual clauses for data transfer outside the EU/EEA, which ensure a level of data protection comparable to the GDPR.

You can find more data protection information on Shopify Payments here: https://www.shopify.com/legal/privacy and on Stripe here: https://stripe.com/de/privacy.

3.5 Data transfer to third parties in the context of order processing

In the context of order processing, we use services of various partners to properly process the order. For this purpose, we will only pass on your personal data to third parties if you have given us your express consent (Art. 6 para. 1 lit. a DSGVO). It is legally permissible and necessary for the fulfillment of a contractual relationship with you or the implementation of pre-contractual measures (Art. 6 para. 1 lit. b DSGVO). A legal obligation to disclose exists (Art. 6 para. 1 lit. c DSGVO). Is necessary for the protection of legitimate business interests, as well as for the assertion, exercise or defense of legal claims and there is no reason to assume that you have an overriding legitimate interest in the non-disclosure of your data (Art. 6 para. 1 lit. f DSGVO). If we use external service providers for processing and they have been obligated to handle your data with care (Art. 28 DSGVO).

We use external service providers for the following areas:

  • IT
  • Shipping service providers
  • telecommunication

When transferring data to external entities in third countries (outside the EU or EEA), we ensure that these entities treat your personal data with the same care as within the EU or EEA. We only transfer personal data to third countries where the EU Commission has confirmed an adequate level of protection or if we ensure the careful handling of personal data through contractual agreements or other suitable guarantees.

4 cookies

We use cookies on our website. Cookies are small text files. They allow us to make your visit to our website attractive and to enable the use of certain functions. The cookies we use can be divided into temporary cookies, permanent cookies and third-party cookies.

4.1 Temporary cookies

Temporary cookies are used on our website. These are automatically deleted as soon as you close your browser. These include, in particular, the session cookies. These store the session ID, with which the various requests of your browser can be assigned to the common session. This allows your computer to be recognized when you return to our website.

4.2 Permanent cookies

Permanent cookies are used on our website. These are mandatory for the use of all functionalities of our website. Without them, error-free use of our website cannot be guaranteed. These are automatically deleted after a specified duration, which may differ depending on the cookie. You can delete the cookies in the security settings of your browser at any time.

4.3 Third-party cookies

We use third-party cookies on our website. These include analytical cookies, which we use to monitor anonymized user behavior on our website. Furthermore, we use advertising cookies, so that the user behavior can be implemented for targeted advertising and marketing purposes. In addition, we use social media cookies, these allow a connection to your social networks to share content from our websites within your networks.

4.4 Browser configuration

You can influence the use of cookies by changing the settings of your browser. Most browsers have an option to restrict or prevent cookies from being stored. Each browser is individual in the way it manages cookie settings. This is described in the respective help menu of your browser.

You can find this for the respective browsers under the following links:

Internet Explorer: http://windows.microsoft.com/de-DE/windows-vista/Block-or-allow-cookies  
Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen 
Chrome: http://support.google.com/chrome/bin/answer.py?hl=de&hlrm=en&answer=95647 
Safari: https://support.apple.com/kb/ph21411?locale=de_DE

Please note that deactivating cookies may mean that only limited functions of the website are available to you. The legal basis for the use of cookies is Art. 6 para. 1 lit. f DSGVO.

5 Analysis and tracking tools

5.1 Facebook

When you visit our Facebook fan page, personal data is stored and processed by Facebook Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 D02 X525, Ireland in accordance with Facebook's privacy policy. The corresponding privacy policy can be found here: https://de-de.facebook.com/policy.php.

5.1.1 Facebook Insights

We use Facebook Insights; as part of this function, Facebook provides us with data in anonymized / statistical form to measure performance and optimize our Facebook presence.

You can find more information about Facebook Insights here: https://analytics.facebook.com/features/list#automated_insights and www.facebook.com/legal/terms/information_about_page_insights_data.

Responsibility for the processing of Insights data is shared between Facebook and us, with Facebook bearing primary responsibility. This relates to the processing of Insights data and the fulfillment of data subject rights. Therefore, for all obligations under the GDPR regarding the processing of Insights Data, please contact Facebook directly. We will forward any inquiries in this regard to Facebook.

5.1.2 Facebook Custom Audience and Facebook Pixel

We use conversion pixels from Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2 D02 X525, Ireland ("Facebook") on our website. A remarketing tag or tracking pixel from Facebook is implemented.

With the help of the Facebook pixel, Facebook can serve targeted advertisements ("Facebook Ads") to visitors of our online offer. Users can also be tracked across multiple websites. We use the Facebook Pixel to display the Facebook Ads placed by us only to Facebook users who have also shown interest in our online offer or have certain characteristics (e.g., interest in certain topics or products determined depending on the website visited) that we transmit to Facebook ("Custom Audiences"). Facebook pixels also allow us to gain insights about the effectiveness of Facebook ads for statistical and market research purposes ("Audience Insights"). We can thereby see whether users were redirected to our website after clicking on a Facebook ad ("conversion").

In addition, we use the "automatic advanced matching" function. This transmits data for the creation of target groups ("Custom Audiences" or "Look Alike Audiences") to Facebook in encrypted form. This includes data from Facebook users and non-Facebook users. It can also identify website visitors who have deactivated the storage of third-party cookies. If no Facebook cookies are stored in your browser, no classification in one of the target groups ("Custom Audience") is made. If a Facebook ID is assigned to a Facebook user, Facebook assigns this user to a target group ("Custom Audience") according to the rules defined by us.

Facebook and we are jointly responsible for data processing. The Facebook service provides the associated IT infrastructure and the website of the social network. Therefore, Facebook is your contact for processing your data. If you contact us in this regard, we will forward your request to Facebook.

This data processing is necessary to protect our overriding legitimate interest (Art. 6 (1) f DSGVO) to show visitors to our website only advertisements for those products in which the user is also interested. For more information on the collection and use of data by Facebook, please refer to Facebook's privacy policy at https://www.facebook.com/about/privacy/.

You can deactivate the "Facebook Custom Audiences" function as a logged-in user at https://www.facebook.com/settings/?tab=ads#_.

5.2 Google

5.2.1 Google Analytics

We use Google Analytics on our website, this is a web analytics service provided by Google Inc ("Google") (Google Dublin, Google Ireland Ltd, Gordon House,Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001). Google Analytics uses "cookies" (text files), which are stored on your computer and which enable an analysis of your use of the website. The information about your use of this website generated by the "cookie" is transmitted to a Google server in the USA and stored there. In the event that IP anonymisation is activated on this website, your IP address will be truncated beforehand by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator.

The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

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. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) by Google and the processing of this data by Google by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

This website uses Google Analytics with the extension "_anonymizeIp()". This means that IP addresses are processed in abbreviated form, which means that personal references can be ruled out. If the data collected about you is related to a person, this is immediately excluded and the personal data is immediately deleted.

We use Google Analytics to analyse and regularly improve the use of our website. With the statistics obtained, we can improve our offer and make it more interesting for you as a user. For the exceptional cases in which personal data is transferred to the USA, Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

Here you will find the user conditions (http://www.google.com/analytics/terms/de.html), the overview of data protection (http://www.google.com/intl/de/analytics/learn/privacy.html) and the data protection declaration (http://www.google.de/intl/de/policies/privacy).

5.2.2 Google Tag Manager

We use the Google Tag Manager service of Google Inc., 1600Amphitheatre Parkway, Mountain View, CA 94.043 USA on our website. With the Google Tag Manager, marketers can manage website tags via an interface. A tag is a marking or labelling of a dataset. The Tag Manager itself, which deploys the tags, works without cookies and does not collect any personal data. The tags set up via the Google Tag Manager are used to collect data that is passed on to the target system. Since the data is only passed on, the system does not collect or store the data itself. The tag manager merely triggers other tags, which in turn may collect data. For these respective third-party providers, corresponding explanations can be found in this privacy policy. The Google Tag Manager does not use this data. If you have set a deactivation of cookies, this will be observed for all tracking tags that were used with the Google Tag Manager, the tool does not change your cookie settings.

Google may ask your permission to share some product data (e.g. your account information) with other Google products to enable certain features, such as making it easier to add new conversion tracking tags for AdWords. Google's developers also review product usage information from time to time in order to further optimise the product. Google will not share this type of data with other Google products without your consent.

Here you can find information on the usage guidelines of the Google Tag Manager (https://www.google.com/analytics/tag-manager/use-policy/) and the privacy policy of Google (https://www.google.com/intl/en/policies/privacy/).

5.3 Instagram

When you visit our Instagram channel, personal data is stored and processed by Facebook Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 D02 X525, Ireland as the provider of Instagram in accordance with Instagram's privacy policy. The corresponding privacy policy can be found here: https://help.instagram.com/519522125107875.

We use the statistics service Instagram Insights for the needs-based design and ongoing optimisation of our pages. This service records your activities on our website and provides us with anonymised statistics. This gives us insight into visitor interactions on our fan page, visits to our page, the reach of our posts, information about the activity of our subscribers and information about the countries and regions from which our visitors come, as well as information about the gender ratio of our visitors Statistical data. It is not possible for us to draw conclusions about individual users or to access individual user profiles.

5.4 Pinterest

We use social plugins from Pinterest, which is operated by Pinterest Inc., 808 Brannan Street San Francisco, CA 94103-490, USA ("Pinterest"), on our site. If you call up a page that contains such a plugin, your browser establishes a direct connection to the Pinterest servers. The plugin then transmits log data to the Pinterest server in the USA.

For more information on the use of data by Pinterest, please refer to Pinterest's privacy policy: https://about.pinterest.com/de/privacy-policy.

5.5 Shopify shop system

To operate our online shop, we use Shopify, a service provided by Shopify Inc, 126York Street, Suite 200, Ottawa, ON, Canada, K1N 5T5. This service provides an e-commerce platform through which we offer our goods for sale. The data transmitted as part of your order is stored on a Shopify server in the USA. Shopify has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. For information on data protection, please refer to Shopify's privacy policy at http://www.shopify.com/legal/privacy.

The legal basis for the transmission of data to third parties for the purpose of contract processing or for billing purposes is Art. 6 para. 1 lit. b DSGVO and for the transmission within the scope of legally ordered cases Art. 6 para. 1 lit. c DSGVO.

6 Contact options

6.1 Chatbot

If you send us enquiries via chatbot, we will only use your data to process your request. We do not use this data for advertising purposes or pass it on to third parties.

The legal basis for the processing of data transmitted via the chatbot or in the course of sending an email is Art. 6 (1) lit. f DSGVO. If the contact is also aimed at concluding a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO.

The data you enter in the chatbot will be stored by us until you request us to delete it, revoke your consent to store it or the purpose for storing the data no longer applies.

6.2 E-mail

If you send us enquiries by e-mail, we will only use your data to process your request. This data will not be used for advertising purposes or passed on to third parties.

The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 (1) lit. f DSGVO. If the contact is also aimed at concluding a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO.

After the fulfilment of the respective purpose, as well as all legal, in particular commercial and tax law retention obligations, the data is automatically deleted.

6.3 Contact form

If you send us enquiries via the contact form, we will only use your data to process your request. This data will not be used for advertising purposes or passed on to third parties.

The legal basis for the processing of data transmitted via the contact form or in the course of sending an e-mail is Art. 6 (1) lit. f DSGVO. If the contact is also aimed at concluding a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO.

The data you enter in the contact form will be stored by us until you request us to delete it, revoke your consent to store it or the purpose for storing the data no longer applies.

6.4 Social networks

If you send us enquiries via Facebook or Instagram, we will only use your data to process your request. This data will not be used for advertising purposes or passed on to third parties.

The legal basis for the processing of data transmitted in the course of sending a message is Art. 6 para. 1 lit. f DSGVO. If the contact is also aimed at concluding a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO.

After the fulfilment of the respective purpose, as well as all legal, in particular commercial and tax law retention obligations, the data is automatically deleted.

6.5 By phone

In order to process general telephone enquiries and to answer customer enquiries by telephone, we process the surname, first name, telephone number, customer number of the caller, the other personal data provided by the caller by telephone and information on the content of the telephone enquiry. The processing is necessary for the execution or fulfilment of the contract (Art. 6 para. 1 b DSGVO). Depending on the content of the request, processing is restricted immediately after completion of the processing of the requestor's request to processing for the specific purpose of the request (e.g. use of our products by the customer, advertising of our services as part of new customer acquisition). After the fulfilment of the respective purpose as well as all legal, in particular commercial and tax law retention obligations, the data is automatically deleted.

7 Your rights

Your rights in relation to your personal data are set out in Articles 7, 15-22 and 77 of the GDPR. You can contact us in writing at any time at our address or e-mail address mentioned above under point 2. Please understand that we do not process enquiries about personal data by telephone, as the identity of the caller cannot usually be established with sufficient certainty.

According to Art. 7 para. 3 sentence 1 DSGVO, you have the right to revoke your data protection consent. You have the right to revoke any consent you have given us to process your personal data at any time. The legality of the data processing operations already carried out until the revocation remains unaffected by the revocation.

In addition, you have the following rights regarding your personal data vis-à-vis us:

  • Right of access (Art. 15 GDPR)
  • Right to rectification and completion (Art. 16 DSGVO)
  • Right to erasure (Art. 17 DSGVO)
  • Right to restriction of processing (Art. 18 DSGVO)
  • Right to data portability (Art. 20 DSGVO)
  • Right to object to processing (Art. 21 GDPR)

You also have the right to contact the competent data protection supervisory authority (Art. 77 DSGVO) with questions or complaints regarding our processing of your personal data.

8 Security of your data

We use appropriate and modern security measures to protect your personal data. To this end, we take extensive technical and organisational security precautions, which are regularly reviewed and adapted to technological progress.

When collecting and transmitting data via our website, we use the standardised SSL encryption technology. Personal data is transmitted via SSL encryption as part of the ordering process. You can recognise this by the lock symbol in the browser and in the address bar with the addition "https://".

In the case of encrypted communication, your payment data that you transmit to us cannot be read by third parties. In the case of communication by unencrypted e-mail, data can possibly be read by third parties. We have no influence on this. It is the responsibility of the respective user to protect the data he or she provides against misuse by encrypting it or in any other way.

9 Changes to the privacy policy

We reserve the right to change this privacy policy if we update our website or change our data processing procedures.

10 California Consumer Privacy Act (CCPA)

https://darksidebicycles.com/pages/ccpa-opt-out-1

11 APPI Compliance

https://darksidebicycles.com/pages/appi-compliance