We are very pleased about your interest in our company. Data protection is of a particularly high priority for the management of Darwin’s Daughter. The use of the Internet pages Darwin’s Daughter is possible without any indication of personal data. However, if a data subject wants to use special services of our enterprise via our website, processing of personal data could become necessary. If processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain the consent of the data subject. The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation, and in accordance with the country-specific data protection regulations applicable to Dawrin’s Daughter. By means of this data protection declaration, our enterprise would like to inform the public about the nature, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this data protection declaration. As the controller, Darwin’s Daughter has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transfers can always be vulnerable to security risks, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
a) personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) person concerned
Data subject is any identified or identifiable natural person whose personal data are processed by the controller.
Processing means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Einschränkung der Verarbeitung
Einschränkung der Verarbeitung ist die Markierung gespeicherter personenbezogener Daten mit dem Ziel, ihre künftige Verarbeitung einzuschränken.
Profiling is any type of automated processing of personal data that consists of using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to that natural person’s job performance, economic situation, health, personal preferences, interests, reliability, behavior, location or change of location.
Pseudonymization is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separate and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
g) controller or person responsible for the processing
The controller or controller is the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for under Union or Member State law.
Processor means a natural or legal person, public authority, agency or other body that processes personal data on behalf of the Controller.
A recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigation mandate under Union or Member State law shall not be considered as recipients.
Third party means a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorized to process the personal data under the direct responsibility of the controller or the processor.
Consent shall mean any freely given indication of the data subject’s wishes for the specific case in an informed and unambiguous manner in the form of a statement or any other unambiguous affirmative act by which the data subject indicates that he or she consents to the processing of personal data relating to him or her.
Name and address of the controller
The responsible party within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:
Collection of general data and information
The website of Darwin’s Daughter collects a series of general data and information with each call-up of the website by a data subject or automated system. This general data and information is stored in the log files of the server. The following data may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems. When using these general data and information, Darwin’s Daughter does not draw any conclusions about the data subject. Rather, this information is needed (1) to deliver the contents of our website correctly, (2) to optimize the contents of our website and the advertising for these, (3) to ensure the long-term functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. Therefore, the Darwin’s Daughter analyzes anonymously collected data and information on one hand, and on the other hand, with the aim of increasing the data protection and data security of our enterprise, and ultimately ensuring an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data submitted by a data subject.
Contact possibility via the website
Based on statutory provisions, the website of the Darwin’s Daughter contains data that enable a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or by means of a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data transmitted on a voluntary basis by a data subject to the controller will be stored for the purposes of processing or contacting the data subject. No disclosure of this personal data to third parties will take place.
Routine deletion and blocking of personal data
The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or other legislator in laws or regulations to which the controller is subject. If the storage purpose ceases to apply or if a storage period prescribed by the European Directive and Regulation Maker or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
Rights of the data subject
a) right to confirmation
Every data subject shall have the right, granted by the European Directive and the Regulation, to obtain confirmation from the controller as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right, he or she may, at any time, contact any employee of the controller.
b) right to information
Any person concerned by the processing of personal data has the right granted by the European Directive and Regulation to obtain at any time from the controller, free of charge, information about the personal data stored about him or her and a copy of that information. Furthermore, the European Directive and Regulation has granted the data subject access to the following information:
the processing purposes
the categories of personal data that are processed
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organizations
if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
the existence of a right to obtain the rectification or erasure of personal data concerning him or her, or the restriction of processing by the controller, or a right to object to such processing
the existence of a right of appeal to a supervisory authority
if the personal data are not collected from the data subject: All available information about the origin of the data
the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and – at least in these cases – meaningful information about the logic involved and the scope and intended effects of such processing for the data subject
Furthermore, the data subject shall have the right to obtain information as to whether personal data have been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer. If a data subject wishes to exercise this right of access, he or she may, at any time, contact an employee of the controller.
c) right of correction
Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to request the immediate rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data – also by means of a supplementary declaration – taking into account the purposes of the processing. If a data subject wishes to exercise this right to rectify, he or she may, at any time, contact any employee of the controller.
d)right to erasure (right to be forgotten)
Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following reasons applies and insofar as the processing is not necessary:
The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
The data subject revokes the consent on which the processing was based pursuant to Art. 6(1)(a) DS-GVO or Art. 9(2)(a) DS-GVO and there is no other legal basis for the processing.
The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
The personal data have been processed unlawfully.
The deletion of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
The personal data was collected in relation to information society services offered pursuant to Art. 8 (1) DS-GVO.
If one of the aforementioned reasons applies, and a data subject wishes to arrange the erasure of personal data stored by Darwin’s Daughter, he or she may, at any time, contact any employee of the controller. The employee of Darwin’s Daughter will arrange for the erasure request to be complied with immediately. If the personal data of Darwin’s Daughter has been made public, and our company as the controller pursuant to Art. 17 Para. 1 DS-GVO to erase the personal data, Darwin’s Daughter shall implement reasonable measures, including technical measures, taking into account the available technology and the cost of implementation, in order to inform other data controllers which process the published personal data that the data subject has requested from those other data controllers to erase all links to the personal data or copies or replications of the personal data, unless the processing is necessary. The employee of Darwin’s Daughter will arrange the necessary in individual cases.
e) right to restriction of processing
Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain from the controller the restriction of processing if one of the following conditions is met:
The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data.
The processing is unlawful, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data.
The controller no longer needs the personal data for the purposes of processing, but the data subject needs it for the assertion, exercise or defense of legal claims.
The data subject has objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by Darwin’s Daughter, he or she may, at any time, contact any employee of the controller. The employee of Darwin’s Daughter will arrange the restriction of the processing.
f) right to data portability
Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to receive the personal data concerning him or her, which have been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit such data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. Furthermore, when exercising the right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to obtain that the personal data be transferred directly from one controller to another controller where technically feasible and provided that this does not adversely affect the rights and freedoms of other individuals. In order to assert the right to data portability, the data subject may at any time contact any employee of the Darwin’s Daughter.
g) right to contradiction
Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her carried out on the basis of Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions. Darwin’s Daughter shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims. If Darwin’s Daughter processes personal data for the purposes of direct marketing, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This also applies to the profiling, insofar as it is related to such direct marketing. If the data subject objects to Darwin’s Daughter to Darwin’s Daughter to the processing for direct marketing purposes, Darwin’s Daughter will no longer process the personal data for these purposes. In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out by Darwin’s Daughter for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the Data Protection Regulation (DSGVO), unless such processing is necessary for the performance of a task carried out in the public interest. In order to exercise the right to object, the data subject may directly contact any employee of Darwin’s Daughter. The data subject is also free to exercise his/her right to object by means of automated procedures using technical specifications in connection with the use of information society services, notwithstanding Directive 2002/58/EC.
h) automated decisions in individual cases including profiling
Any data subject concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is permitted by Union or Member State law to which the controller is subject, and that law contains suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent. If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) it is made with the data subject’s explicit consent, Darwin’s Daughter shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, which include at least the right to obtain the data subject’s involvement on the part of the controller, to express his or her point of view and contest the decision. If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact any employee of the controller.
i) right to invoke consent under data protection law
Every person affected by the processing of personal data has the right granted by the European Directive and Regulation to withdraw consent to the processing of personal data at any time. If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the controller.
Data protection provisions for the integration of third-party services and content
Within our online offer, we use content or service offers of third party providers on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) to integrate content or services offered by third-party providers, such as videos or fonts (hereinafter uniformly referred to as “content”). This always requires that the third-party providers of this content are aware of the IP address of the user, since without the IP address they could not send the content to their browser. The IP address is thus required for the display of this content. We endeavor to use only such content whose respective providers use the IP address only for the delivery of the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online offer, as well as be linked to such information from other sources.
Apache Log-Files (Not anonymized):When a page is accessed, our host’s web server stores certain data in log files. These log files contain, among other things: The address of the page called up (URL), the IP address of the user, the browser used, the time and date of the call and the system used by the page visitor. The storage of this data is used for error analysis in case of problems or functional failures on the server (e.g. errors when calling up a page or attacks by hackers or spambots).
9.3 Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with further services related to the use of this online offer and the internet. In doing so, pseudonymous usage profiles of the users can be created from the processed data.
9.4 We use Google Analytics to display the ads placed within Google’s advertising services and those of its partners only to users who have also shown an interest in our online offering or who have certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited), which we transmit to Google (so-called “Remarketing Audiences” or “Google Analytics Audiences”). With the help of Remarketing Audiences, we also want to ensure that our advertisements correspond to the potential interest of users and do not have a harassing effect.
9.5 We use Google Analytics only with IP anonymization enabled. This means that the IP address of users is shortened by Google within member states of the European Union or in other contracting states of 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.
9.6 The IP address transmitted by the user’s browser will not be merged with other data from Google. Users may prevent the storage of cookies by selecting the appropriate settings on their browser software; users may also prevent the collection of data generated by the cookie and related to their use of the online offer to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
[google_analytics_optout] Deactivate Google Analytics[/google_analytics_optout]
Legal basis of processing
Article 6 I lit. a DS-GVO serves our company as the legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Article 6 I lit. b DS-GVO. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation by which a processing of personal data becomes necessary, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data might become necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result his or her name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DS-GVO. Finally, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47 sentence 2 DS-GVO).
Legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is the performance of our business activities for the benefit of the well-being of all our employees and our shareholders.
Duration for which the personal data are stored
The criterion for the duration of storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfillment or initiation of the contract.
Legal or contractual requirements to provide the personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision
We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data by the data subject, the data subject must contact one of our employees. Our employee will explain to the data subject on a case-by-case basis whether the provision of the personal data is required by law or by contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the personal data would be.
Existence of automated decision making
As a responsible company, we do not use automatic decision-making or profiling.
The website operator or page provider collects data about accesses to the page and stores them as “server log files”. The following data is logged in this way:
Time at the time of access
Amount of data sent in bytes
Source/reference from which you reached the page
Operating system used
IP address used
The data collected is only used for statistical evaluations and to improve the website. However, the website operator reserves the right to check the server log files retrospectively if there are concrete indications of illegal use.
In order to be able to place orders via this offer, each customer must set up a password-protected customer account. This contains an overview of orders placed and active order processes. If you leave the online store as a customer, you will be logged out automatically.
The operator assumes no liability for password misuse, unless this was caused by the operator itself.
All data, which are entered by the customers in the course of an order processing, are stored. This includes:
Name, first name
Those data that are absolutely necessary for delivery or order processing will be passed on to third party service providers. As soon as the storage of your data is no longer necessary or required by law, it will be deleted.
Handling contact data
If you contact the website operator using the contact options provided, your details will be stored so that they can be used to process and respond to your inquiry. Without your consent, this data will not be disclosed to third parties.
Dealing with comments and contributions
If you leave a post or comment on this website, your IP address will be stored. This is for the security of the website operator: if your text violates the law, he would like to be able to track your identity.
You have the option to subscribe to the entire site as well as follow up comments on your post. You will receive an email to confirm your email address. Apart from this, no further data will be collected. The stored data will not be passed on to third parties. You can unsubscribe at any time.
Use of social media plugins
This website uses Facebook social plugins, which is operated by Facebook Inc. (1 Hacker Way, Menlo Park, California 94025, USA). The integrations are recognizable by the Facebook logo or the terms “Like”, “Like”, “Share” in Facebook’s colors (blue and white). Information on all Facebook plugins can be found in the following link: https://developers.facebook.com/docs/plugins/
The plugin establishes a direct connection between your browser and the Facebook servers. The website operator has no influence on the nature and extent of the data that the plugin transmits to the servers of Facebook Inc. You can find information about this here: https://www.facebook.com/help/186325668085084
The plugin informs Facebook Inc. that you have visited this website. There is a possibility that your IP address will be stored. If you are logged into your Facebook account during your visit to this website, the aforementioned information will be linked to it.
If you use the functions of the plugin – for example, by sharing or “liking” a post – the corresponding information will also be transmitted to Facebook Inc.
If you would like to prevent Facebook. Inc. linking this data to your Facebook account, please log out of Facebook before visiting this website.
Furthermore, this website uses the “+1” button from Google Plus. This is operated by Google Inc. (1600 Amphitheatre Parkway Mountain View, CA 94043, USA). If you visit a page that contains the “+1” button, a direct connection is established between your browser and the Google servers. The website operator therefore has no influence on the nature and extent of the data that the plugin transmits to the servers of Google Inc. If you click on the “+1” button while logged into Google +, you share the content of the page on your public profile.
According to Google Inc., personal data is only collected when you click on the button. Even for logged-in Google users, the IP address, among other things, is stored. If you would like to prevent Google Inc. from storing this data and linking it to your account, please log out before visiting this website.
Furthermore, this website uses Twitter chat areas. These are operated by Twitter Inc. (795 Folsom St., Suite 600, San Francisco, CA 94107, USA). If you visit a page that contains such a button, a direct connection is established between your browser and the Twitter servers. The website operator therefore has no influence on the nature and extent of the data that the plugin transmits to the Twitter Inc. servers.
According to Twitter Inc., only your IP address is collected and stored.
Information on the handling of personal data by Twitter Inc. can be found here: https://twitter.com/privacy?lang=de
The website operator offers you a newsletter in which he informs you about current events and offers. If you wish to subscribe to the newsletter, you must provide a valid e-mail address.
3rd Party Cookies
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