Last updated: 29.07.2026

1. Controller

The controller responsible for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is:

Near Dark GmbH Bonner Str. 11a 53773 Hennef Germany Telephone: +49 (0) 2242/874 16-0 Email: info@neardark.de

 

2. Contact for Data Protection Matters

If you have any questions regarding the processing of your personal data or the exercise of your rights (Section 16), you can contact us at:

Near Dark GmbH — Data Protection Bonner Str. 11a, 53773 Hennef Email: datenschutz@neardark.de

 

3. General Information

We process personal data of our users and business customers only to the extent necessary to provide a functional website as well as our content and services, or where another legal basis under Art. 6(1) GDPR applies. This shop is intended exclusively for commercial customers (B2B); in particular, personal data of the acting contact persons (e.g. name and business contact details) is processed.

Where we obtain your consent for individual processing activities, you may withdraw this consent at any time with effect for the future (Art. 7(3) GDPR). The lawfulness of processing carried out before the withdrawal remains unaffected.

4. Hosting and Server Log Files

Our website is operated under a managed hosting agreement by onacy GmbH, Martin-Luther-King-Weg 30, 48155 Münster, Germany. The underlying server infrastructure is provided by Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, Germany; the server location is Germany.

When you access our website, information transmitted by your browser is automatically stored in so-called server log files: IP address, date and time of the request, file or page accessed, amount of data transferred, referrer URL, browser used and operating system.

This data is not combined with other data sources. The legal basis is Art. 6(1)(f) GDPR; our legitimate interest lies in technically error-free display, operational security and protection against attacks. The log files are deleted after no more than 7 days unless further retention is required for security-related reasons. Both service providers process the data on our behalf on the basis of data processing agreements pursuant to Art. 28 GDPR.

5. Cookies and Consent Management (Cookiebot)

Our website uses cookies and comparable technologies. We use technically necessary cookies (e.g. shopping cart, login, language settings) on the basis of Section 25(2) No. 2 TDDDG and Art. 6(1)(f) GDPR; they are required for the operation of the shop.

We use all non-essential cookies and technologies (statistics, marketing) only if you have given your consent via our consent banner (Section 25(1) TDDDG, Art. 6(1)(a) GDPR).

To obtain and manage your consent, we use the Cookiebot consent management platform provided by Usercentrics A/S, Havnegade 39, 1058 Copenhagen, Denmark. Cookiebot processes your IP address (in truncated form), the date and time of your consent, browser information and your consent status. The legal basis is Art. 6(1)(c) GDPR (proof of consent pursuant to Art. 7(1) GDPR) and Art. 6(1)(f) GDPR (legally compliant design of the website).

You can change or withdraw your consent at any time by reopening the cookie settings via the corresponding link in the footer of this website.

6. Google Tag Manager

We use Google Tag Manager provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Google Tag Manager is used to manage and integrate website tags (e.g. for analytics services). The tool itself does not set cookies and does not collect personal data for analytics purposes; however, it triggers other tags that may collect data themselves — these are activated only after you have given your consent via the consent banner. The legal basis is Art. 6(1)(f) GDPR (efficient and secure integration of services).

7. Google Analytics 4

If you have given your consent, we use Google Analytics 4, a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

Google Analytics 4 uses cookies and similar technologies that enable an analysis of your use of the website. In particular, information about page views, time spent on pages, devices used, approximate origin (region) and interactions is processed. IP addresses are not stored by Google Analytics 4; they are used only for approximate location determination and are then discarded.

The legal basis is exclusively your consent (Art. 6(1)(a) GDPR, Section 25(1) TDDDG). You can withdraw your consent at any time via the cookie settings.

In the course of using the service, data may be transferred to servers of Google LLC in the USA. Google LLC is certified under the EU-U.S. Data Privacy Framework; in addition, the European Commission’s Standard Contractual Clauses are in place. We have concluded a data processing agreement with Google. The retention period for analytics data at Google is 14 months.

8. Newsletter and Email Marketing (Klaviyo)

If you subscribe to our newsletter, we process your email address and, optionally, your name in order to regularly send you information about products, promotions and news. Registration takes place using a double opt-in procedure: after registering, you will receive an email containing a confirmation link; registration becomes effective only after confirmation. We log the registration (time of registration and confirmation, IP address) in order to be able to prove your consent.

The legal basis is your consent (Art. 6(1)(a) GDPR). We may send existing business customers recommendations for similar goods of our own by email in accordance with Section 7(3) UWG; in this respect, the legal basis is Art. 6(1)(f) GDPR (direct marketing to existing customers). You can object to this at any time.

For distribution, we use the Klaviyo platform provided by Klaviyo, Inc., 125 Summer Street, Boston, MA 02110, USA. Klaviyo processes your data on our behalf and also evaluates whether and when emails are opened and which links are clicked (performance measurement) in order to improve our content. Klaviyo is certified under the EU-U.S. Data Privacy Framework; in addition, Standard Contractual Clauses are in place. We have concluded a data processing agreement with Klaviyo.

You can unsubscribe from the newsletter at any time via the unsubscribe link in each email or by sending us a message. After you unsubscribe, your data will be removed from the mailing list; we retain proof of your previous consent for as long as this is necessary to comply with legal documentation obligations (Art. 6(1)(f) GDPR).

9. Customer Account and Retailer Registration

Our shop is intended exclusively for commercial resellers. When registering for a retailer account, we process the data you provide (company, name of contact person, address, email address, telephone number, VAT ID) as well as proof of your commercial status (e.g. business registration, commercial register extract). Reviewing this evidence serves to ensure that only eligible specialist retailers receive access to the product range and conditions.

The legal basis is Art. 6(1)(b) GDPR (pre-contractual measures and performance of a contract) and Art. 6(1)(f) GDPR (legitimate interest in restricting access to specialist retailers).

You can request deletion of your customer account at any time. Data subject to statutory retention periods (see Section 14) will be blocked until those periods expire and then deleted.

10. Ordering Process and Contract Processing

To process your orders, we process the data required for this purpose: company and contact details, delivery and billing address, goods ordered, payment information and order history. The legal basis is Art. 6(1)(b) GDPR (performance of a contract).

Data is disclosed only to the extent necessary for performance of the contract — in particular to the shipping company commissioned with delivery (Section 12) and, as part of payment processing, to the account-holding credit institution (Section 11) — or where we are legally obliged to do so (e.g. to tax authorities).

Providing this data is necessary to conclude the contract; without it, we cannot process your order.

11. Payment Processing

Payment in our shop is made in advance (bank transfer). As part of payment processing, we process payment-related data (name or company, invoice amount, payment reference and the account details transmitted with your bank transfer) in order to allocate incoming payments to your order. The legal basis is Art. 6(1)(b) GDPR (performance of a contract). No credit check is carried out. Payment records are subject to statutory retention periods (see Section 14).

12. Shipping Service Providers

To deliver your order, we pass your name or company name and the delivery address to the shipping company commissioned. We transmit your email address or telephone number to the shipping service provider for coordinating a delivery date or providing a delivery notification only if you have consented to this (Art. 6(1)(a) GDPR); otherwise, the delivery data is disclosed on the basis of Art. 6(1)(b) GDPR.

Shipping service providers used:

•  DHL Paket GmbH, Sträßchensweg 10, 53113 Bonn, Germany

•  United Parcel Service Deutschland S.à r.l. & Co. OHG (UPS), Görlitzer Straße 1, 41460 Neuss, Germany

13. Contacting Us (Contact Form, Email, Telephone)

If you contact us via the contact form, by email or by telephone, we process the information you provide (name, contact details, content of the enquiry) in order to handle your request. The legal basis is Art. 6(1)(b) GDPR where your enquiry relates to a contract or pre-contractual measures; otherwise, Art. 6(1)(f) GDPR applies (legitimate interest in responding to enquiries). We delete enquiries once they have been fully dealt with and no statutory retention obligations prevent deletion.

14. Retention Period and Statutory Retention Requirements

We store personal data only for as long as is necessary for the purposes stated. The data is then deleted unless statutory retention obligations prevent deletion. In particular, we retain business records in accordance with commercial and tax law: accounting records and invoices for 8 years, commercial books and annual financial statements for up to 10 years, and business correspondence for up to 6 years (Section 257 HGB, Section 147 AO). During these periods, processing is restricted (Art. 6(1)(c) GDPR).

15. Data Transfers to Third Countries

Where we use service providers based outside the EU or EEA (in particular Google LLC and Klaviyo, Inc. in the USA), data is transferred only if an adequate level of data protection is ensured — in particular through certification of the recipient under the EU-U.S. Data Privacy Framework (adequacy decision of the European Commission) and, additionally, through Standard Contractual Clauses pursuant to Art. 46(2)(c) GDPR. We will provide a copy of the respective safeguards upon request.

16. Your Rights as a Data Subject

You have the following rights vis-à-vis us with regard to your personal data:

•  Access (Art. 15 GDPR) to the processed data, purposes, recipients and retention period

•  Rectification of inaccurate data (Art. 16 GDPR)

•  Erasure (Art. 17 GDPR), provided that no retention obligations prevent this

•  Restriction of processing (Art. 18 GDPR)

•  Data portability (Art. 20 GDPR) in a structured, commonly used, machine-readable format

•  Withdrawal of consent already given (Art. 7(3) GDPR) at any time with effect for the future

To exercise your rights, an informal message to the contact details specified in Section 1 or 2 is sufficient.

Right to Object (Art. 21 GDPR)

Where we process data on the basis of Art. 6(1)(f) GDPR (legitimate interests), you have the right to object at any time, on grounds relating to your particular situation. We will then no longer process the data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the establishment, exercise or defence of legal claims. You may object to processing for direct marketing purposes at any time without giving reasons; we will then cease processing for this purpose.

17. Right to Lodge a Complaint with the Supervisory Authority

Without prejudice to any other remedies, you have the right to lodge a complaint with a data protection supervisory authority (Art. 77 GDPR). The authority responsible for us is:

State Commissioner for Data Protection and Freedom of Information North Rhine-Westphalia
Kavalleriestraße 2–4, 40213 Düsseldorf
www.ldi.nrw.de

18. Data Security

For security reasons and to protect the transmission of confidential content (e.g. orders, enquiries, login), this website uses TLS encryption. You can recognize an encrypted connection by “https://” and the padlock symbol in your browser’s address bar. In addition, we take technical and organisational measures pursuant to Art. 32 GDPR to protect your data against loss, destruction, manipulation and unauthorised access, and continuously adapt these measures to technical developments.

19. Changes to this Privacy Policy

We update this Privacy Policy if the legal situation, our processing activities or the services used change. The current version published on this page shall apply.