Privacy Policy
1. Data Protection at a Glance
General Information
The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data is any data that can be used to personally identify you. Detailed information on the subject of data protection can be found in our privacy policy listed below this text.
Data Collection on This Website
Who is responsible for data collection on this website?
Data processing on this website is carried out by the website operator. Their contact details can be found in the section “Information about the responsible party” in this privacy policy.
How do we collect your data?
Your data is collected in part by you providing it to us. This may include data that you enter into a contact form, for example.
Other data is collected automatically or after your consent when you visit the website through our IT systems. This mainly includes technical data (e.g. internet browser, operating system or time the page was accessed). This data is collected automatically as soon as you enter this website.
What do we use your data for?
Some of the data is collected to ensure that the website is provided without errors. Other data may be used to analyze your user behavior.
What rights do you have regarding your data?
You have the right at any time to receive free information about the origin, recipient and purpose of your stored personal data. You also have the right to request the correction or deletion of this data. If you have given consent to data processing, you may revoke this consent at any time for the future. You also have the right to request the restriction of the processing of your personal data under certain circumstances. Furthermore, you have the right to lodge a complaint with the responsible supervisory authority.
You can contact us at any time regarding this and any other questions on the subject of data protection.
Customer Account / Registration Function
If you create a customer account through our website, we will collect and store the data you entered during registration (e.g. your name, address or email address) exclusively for pre-contractual services, for contract fulfillment or for customer care purposes (e.g. to provide you with an overview of your previous orders with us or to offer you the so-called wishlist function). At the same time, we store the IP address and the date and time of your registration. This data will of course not be shared with third parties.
During the further registration process, your consent to this processing will be obtained and reference will be made to this privacy policy. The data collected by us will be used exclusively for providing the customer account.
If you consent to this processing, Art. 6 para. 1 lit. a GDPR serves as the legal basis for processing.
If the opening of the customer account also serves pre-contractual measures or the fulfillment of a contract, the legal basis for this processing is also Art. 6 para. 1 lit. b GDPR.
You may revoke your consent to the opening and maintenance of the customer account at any time with effect for the future in accordance with Art. 7 para. 3 GDPR. To do so, you simply need to inform us of your revocation.
The data collected in this context will be deleted as soon as the processing is no longer necessary. However, we must observe tax and commercial law retention periods.
Chat Function on This Website
For the chat function on this page, in addition to your message, the time the message was created, your email address and, if you are not writing anonymously, the username you selected will be stored.
Storage Duration of Messages
The messages and the associated data are stored and remain on our website until the chat history has been completely deleted.
Legal Basis
The storage of messages is based on your consent (Art. 6 para. 1 lit. a GDPR). You may revoke your consent at any time. An informal notification by email to us is sufficient. The legality of the data processing operations already carried out remains unaffected by the revocation.
Analysis Tools and Third-Party Tools
When visiting this website, your surfing behavior may be statistically evaluated. This is mainly done using so-called analysis programs.
Detailed information about these analysis programs can be found in the following privacy policy.
2. Hosting
External Hosting
This website is hosted by an external service provider (host). The personal data collected on this website is stored on the host's servers. This may include primarily IP addresses, contact requests, metadata and communication data, contract data, contact details, names, website accesses and other data generated via a website.
The host is used for the purpose of fulfilling contracts with our potential and existing customers (Art. 6 para. 1 lit. b GDPR) and in the interest of a secure, fast and efficient provision of our online services by a professional provider (Art. 6 para. 1 lit. f GDPR). If corresponding consent has been requested, processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TTDSG, insofar as the consent includes the storage of cookies or access to information on the user's end device (e.g. device fingerprinting) within the meaning of the TTDSG. Consent can be revoked at any time.
Our host will only process your data to the extent necessary to fulfill its service obligations and will follow our instructions regarding this data.
We use the following host:
dogado GmbH
Antonio-Segni-Straße 11
D-44263 Dortmund
Order Processing
We have concluded a data processing agreement (DPA) with the above-mentioned provider. This is a contract required under data protection law that ensures that the provider processes the personal data of our website visitors only according to our instructions and in compliance with the GDPR.
3. General Information and Mandatory Information
Data Protection
The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the legal data protection regulations as well as this privacy policy.
When you use this website, various personal data are collected. Personal data is data that can be used to personally identify you. This privacy policy explains which data we collect and for what purposes. It also explains how and why this takes place.
We point out that data transmission on the Internet (e.g., when communicating via email) can have security gaps. Complete protection of data from access by third parties is not possible.
Information About the Responsible Party
The responsible party for data processing on this website is:
David Kaczmarczyk
Massenerstraße 81
59423 Unna
Germany
Contact Form
E-Mail: info@nightshard.com
The responsible party is the natural or legal person who alone or jointly with others determines the purposes and means of processing personal data (e.g., names, email addresses, etc.).
Storage Duration
Unless a more specific storage period is stated in this privacy policy, your personal data will remain with us until the purpose for data processing no longer applies. If you assert a legitimate request for deletion or revoke consent to data processing, your data will be deleted, provided there are no other legally permissible reasons for storing your personal data (e.g., tax or commercial retention periods); in such cases, deletion will occur after these reasons no longer apply.
General Information on the Legal Basis for Data Processing on This Website
If you have consented to data processing, we process your personal data based on Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR if special categories of data according to Art. 9 para. 1 GDPR are processed. In the case of an explicit consent to the transfer of personal data to third countries, data processing is also based on Art. 49 para. 1 lit. a GDPR. If you have consented to the storage of cookies or access to information on your end device (e.g., via device fingerprinting), data processing also occurs based on § 25 para. 1 TTDSG. Consent can be revoked at any time. If your data is required for the fulfillment of a contract or for pre-contractual measures, we process your data based on Art. 6 para. 1 lit. b GDPR. Furthermore, we process your data, if necessary, to fulfill a legal obligation based on Art. 6 para. 1 lit. c GDPR. Data processing may also be based on our legitimate interest according to Art. 6 para. 1 lit. f GDPR. The applicable legal bases are specified in the following sections of this privacy policy.
Revocation of Your Consent to Data Processing
Many data processing operations are only possible with your explicit consent. You can revoke consent you have given at any time. The legality of the data processing carried out up to the revocation remains unaffected.
Right to Object in Special Cases and Against Direct Marketing (Art. 21 GDPR)
IF DATA PROCESSING IS BASED ON ART. 6 PARA. 1 LIT. E OR F GDPR, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT, FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION, TO THE PROCESSING OF YOUR PERSONAL DATA; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE LEGAL BASIS FOR THE PROCESSING CAN BE FOUND IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, RIGHTS, AND FREEDOMS, OR THE PROCESSING SERVES THE ESTABLISHMENT, EXERCISE, OR DEFENSE OF LEGAL CLAIMS (OBJECTION ACCORDING TO ART. 21 PARA. 1 GDPR).
IF YOUR PERSONAL DATA IS PROCESSED FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR SUCH ADVERTISING; THIS ALSO APPLIES TO PROFILING AS FAR AS IT IS RELATED TO SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL NO LONGER BE USED FOR DIRECT MARKETING (OBJECTION ACCORDING TO ART. 21 PARA. 2 GDPR).
Right to Lodge a Complaint with the Competent Supervisory Authority
In the event of violations of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the member state of their habitual residence, place of work, or place of the alleged infringement. This right of complaint exists without prejudice to other administrative or judicial remedies.
Right to Data Portability
You have the right to receive data that we process automatically based on your consent or in fulfillment of a contract in a common, machine-readable format and to have it transmitted to yourself or a third party. If you request direct transfer to another controller, this will only occur as far as technically feasible.
Access, Deletion, and Correction
You have the right at any time under applicable law to obtain free information about your stored personal data, its origin, recipients, and purpose of processing, and, if applicable, the right to correction or deletion of this data. You can contact us at any time for this purpose or for further questions regarding personal data.
Right to Restrict Processing
You have the right to request the restriction of processing of your personal data. You can contact us at any time for this purpose. The right to restriction of processing applies in the following cases:
- If you contest the accuracy of your personal data stored with us, we generally need time to verify this. During the verification period, you have the right to request the restriction of processing of your personal data.
- If the processing of your personal data was/ is unlawful, you may request the restriction of data processing instead of deletion.
- If we no longer need your personal data, but you require it for the assertion, exercise, or defense of legal claims, you have the right to request the restriction of processing instead of deletion.
- If you have objected pursuant to Art. 21 para. 1 GDPR, a balance between your interests and ours must be carried out. As long as it is not clear whose interests prevail, you have the right to request restriction of processing.
If you have restricted the processing of your personal data, this data may only be processed – apart from its storage – with your consent or for asserting, exercising, or defending legal claims or to protect the rights of another natural or legal person, or for important public interest reasons of the European Union or a member state.
4. Data Collection on This Website
Cookies
Our websites use so-called "cookies." Cookies are small text files and do not harm your device. They are either temporarily stored for the duration of a session (session cookies) or permanently (persistent cookies) on your device. Session cookies are automatically deleted after your visit. Persistent cookies remain on your device until you delete them yourself or they are automatically deleted by your web browser.
In some cases, cookies from third-party companies may also be stored on your device when you visit our site (third-party cookies). These allow us or you to use certain services from the third party (e.g., cookies for payment services).
Cookies serve different functions. Many cookies are technically necessary because certain website functions would not work without them (e.g., shopping cart functionality or video display). Other cookies are used to evaluate user behavior or display advertisements.
Cookies required for electronic communication, for providing certain functions requested by you (e.g., shopping cart function) or to optimize the website (e.g., cookies for web audience measurement) are stored based on Art. 6 para. 1 lit. f GDPR, unless another legal basis is specified. The website operator has a legitimate interest in storing necessary cookies for technically error-free and optimized service provision. If consent to store cookies or similar recognition technologies has been requested, processing occurs solely on the basis of this consent (Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TTDSG); consent can be revoked at any time.
You can configure your browser to be informed about cookie usage and allow cookies only in individual cases, to exclude them entirely, or to enable automatic deletion of cookies when the browser is closed. Disabling cookies may limit the functionality of this website.
If cookies from third parties or for analysis purposes are used, we will inform you separately within this privacy policy and, if necessary, request consent.
Server Log Files
The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:
- Browser type and version
- Operating system used
- Referrer URL
- Hostname of the accessing computer
- Time of the server request
- IP address
These data are not merged with other data sources.
The collection of this data is based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimization of the website – for this purpose, server log files must be recorded.
Contact Form
If you contact us via the contact form, your details from the request form, including the contact data provided there, will be stored to process the request and in case of follow-up questions. These data will not be shared without your consent.
Processing of this data is based on Art. 6 para. 1 lit. b GDPR if your inquiry is related to the fulfillment of a contract or necessary for pre-contractual measures. In all other cases, processing is based on our legitimate interest in the effective handling of inquiries directed to us (Art. 6 para. 1 lit. f GDPR) or on your consent (Art. 6 para. 1 lit. a GDPR) if requested; consent can be revoked at any time.
The data you enter in the contact form remains with us until you request deletion, revoke consent for storage, or the purpose of data storage no longer applies (e.g., after your inquiry has been processed). Mandatory legal provisions – in particular retention periods – remain unaffected.
Requests via E-Mail, Telephone, or Fax
If you contact us by e-mail, telephone, or fax, your inquiry, including all personal data resulting from it (name, inquiry), will be stored and processed to handle your request. These data will not be shared without your consent.
Processing of these data is based on Art. 6 para. 1 lit. b GDPR if your inquiry is related to the fulfillment of a contract or necessary for pre-contractual measures. In all other cases, processing is based on our legitimate interest in the effective handling of inquiries (Art. 6 para. 1 lit. f GDPR) or your consent (Art. 6 para. 1 lit. a GDPR) if requested; consent can be revoked at any time.
The data sent to us via contact requests remains with us until you request deletion, revoke consent for storage, or the purpose of data storage no longer applies (e.g., after processing your inquiry). Mandatory legal provisions – in particular retention periods – remain unaffected.
5. Plugins and Tools
Analytics Tools and Advertising
Google Analytics
This website uses functions of the web analytics service Google Analytics. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Google Analytics uses so-called "cookies," text files stored on your computer, which enable analysis of your use of the website. Information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.
Storing Google Analytics cookies and using this analysis tool is based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in analyzing user behavior to optimize both its web offering and its advertising.
IP Anonymization
We have activated IP anonymization on this website. Your IP address will be shortened by Google within member states of the European Union or other parties to the Agreement on the European Economic Area before being transmitted to the USA. Only in exceptional cases is the full IP address sent to a Google server in the USA and shortened there. On behalf of the website operator, Google will use this information to evaluate your use of the website, compile reports on website activity, and provide other services related to website and internet usage. The IP address transmitted by your browser to Google as part of Google Analytics will not be merged with other Google data.
Browser Plugin
You can prevent the storage of cookies by adjusting your browser settings. However, we point out that in this case, you may not be able to use all functions of this website fully. Furthermore, you can prevent data generated by the cookie related to your use of the website (including your IP address) from being processed by Google by downloading and installing the browser plugin at: https://tools.google.com/dlpage/gaoptout?hl=de.
Objection to Data Collection
You can prevent your data from being collected by Google Analytics by clicking the following link. An opt-out cookie will be set to prevent the collection of your data during future visits to this website:
More information on how Google Analytics handles user data can be found in Google's privacy policy: https://support.google.com/analytics/answer/6004245?hl=de.
Data Processing Agreement
We have concluded a data processing agreement with Google and fully implement the strict requirements of the German data protection authorities when using Google Analytics.
Demographic Features in Google Analytics
This website uses the "demographic features" function of Google Analytics. Reports can be generated that contain information on the age, gender, and interests of page visitors. This data comes from interest-based Google advertising as well as third-party visitor data. These data cannot be assigned to a specific person. You can disable this function at any time in your Google account ad settings or generally prevent data collection as described in "Objection to Data Collection".
Integration of Google Tag Manager
This website uses the functions of Google Tag Manager. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Tag Manager is a solution that allows marketers to manage website tags through a user interface. This tool works without cookies but still requires IP addresses to be transmitted to Google. Legal basis for data processing is Art. 6 para. 1 lit. f GDPR. Further information and the privacy policy can be found at: https://policies.google.com/privacy.
Data Processing Agreement
We have concluded a data processing agreement with Google and fully implement the strict requirements of the German data protection authorities when using Google Tag Manager.
Google Web Fonts (Local Hosting)
This site uses web fonts provided by Google for a uniform font display. The Google Fonts are locally installed. No connection to Google servers occurs.
More information on Google Web Fonts can be found at https://developers.google.com/fonts/faq and in Google's privacy policy: https://policies.google.com/privacy?hl=de.
Font Awesome (Local Hosting)
This site uses Font Awesome for a uniform font display. Font Awesome is locally installed. No connection to servers of Fonticons, Inc. occurs.
More information on Font Awesome can be found in the Font Awesome privacy policy: https://fontawesome.com/privacy.
Source: https://www.e-recht24.de