Darwin considers data protection and privacy to be of paramount importance. We never sell Personal Data and we carry out all processing operations in compliance with the European Union General Data Protection Regulation (“GDPR”) (specifically but not limited to Article 6(1)(b) to (f) and Article 28), and other applicable global privacy and data protection laws including the California Consumer Privacy Act (“CCPA”) and the Brazilian General Data Protection Law (“LGPD”) (collectively, the “Applicable Law”).
Darwin bears the responsibility for lawfully processing your data as carried out on our site.
When you visit our site, we store the name of your internet service provider, the website from which you visited us, the parts of our site you visit, the date and duration of your visit, and information from the device (device type, operating system, screen resolution, language, country you are located in, and web browser type) you used during your visit. While we process your IP address during the duration of your session, the IP address is truncated and thereby de-identified before it is ever written to disk on our servers. This is done by removing the last octet of your full IP address.
We process this usage data to facilitate your access to our Services (e.g. to adjust our Services to the device you are using), and to recognize and stop any misuse which is in our legitimate interest. The legal basis for this data processing is Article 6(1)(f) GDPR. We also process usage data in an aggregated or de-identified form for statistical purposes and to improve our site.
Contact with us via email
On our site you have the opportunity to contact us to ask us questions, for example via the contact form, where we ask you for your contact information (e.g. name, email address etc.). We use this data solely in connection with answering the queries we receive. The legal basis for this processing is Article 6(1)(f) GDPR.
If you receive emails from us, we may use certain analytics tools, to capture data such as when you open our email or click on any links or banners our email contains. This data helps us to gauge the effectiveness of our communications and marketing campaigns.
You may deactivate your Darwin account and/or unsubscribe from receiving content or offers from us at any time. Following termination of your account, we may retain your personal data (in part or in whole) in order to meet any regulatory and reporting requirements for the timeframes stipulated by law and in order to be able to address customer service issues. Any other personal data we would have been processing on your behalf would be deleted permanently within 30 calendar days.
We may use Personal Data and other data about you to create de-identified and aggregated information, including: de-identified demographic information, de-identified location information, information about computer or device from which you access our Services, or other analyses we create.
Darwin does not sell, and has not sold, consumers’ Personal Data at any time. Except as provided below, we also do not share or disclose your Personal Data.
We use a select number of trusted external service providers for certain technical data analysis, processing and/or storage offerings (e.g., IT and related services). These service providers are carefully selected and meet high data protection and security standards. We only share information with them that is required for the services offered and we contractually bind them to keep any information we share with them as confidential and to process Personal Data only according to our instructions. In addition to services providers, other categories of third parties may include:
Other than the cases mentioned above, we will only pass your data on to third parties without your express consent in accordance with Article 6(1)(a) GDPR or if we are obliged to do so by statutory law or an instruction by a public authority or court as outlined in our Terms of Service.
Notice regarding Third-Party Websites
The Services may contain links to other websites, and other websites may reference or link to our website or other Services. These other websites are not controlled by Darwin. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.
We may occasionally send you notification emails about updates to our product, legal documents, offer customer support or marketing emails. To the extent required by Applicable Law, we will only send you such messages if you have given your consent in accordance with Art. 6(1)(a) GDPR. In all other cases the legal basis of this data processing is Art. 6(1)(f) GDPR. Except for cases where we are required to do so by law (e.g. notifying you of a data breach), you shall have the opportunity to unsubscribe from receiving these messages free of charge. We process requests to be placed on do-not-contact lists as required by Applicable Law.
You have a right to be informed of Personal Data processed by Darwin, a right to rectification/correction, erasure, anonymization and restriction of processing (subject to certain exceptions and other requirements prescribed by law). You also have the right to receive from Darwin a structured, common and machine-readable format of Personal Data you provided to us.
In addition to the rights described above, if you are located in Brazil, you also have the right to: (i) unless restricted by law, request information about the public and private entities with which we have shared your Personal Data; and / or (ii) to receive information about the possibility of not providing your consent and the consequences of such denial.
To protect your privacy, we take steps to verify your identity before fulfilling your request.We can only identify you via your email address and we can only adhere to your request and provide information if we have Personal Data about you through you having made contact with us directly and/or you using our site and/or service. We cannot provide, rectify or delete any Personal Data that we store on behalf of our users or customers.
When you have provided consent, you may withdraw it at any time, without affecting the lawfulness of the processing that was carried out prior to withdrawing it. Whenever you withdraw consent, you acknowledge and accept that this may have a negative influence on the quality of the Darwin Site and/or Services. Please be aware that when you withdraw consent, we may delete the Personal Data previously processed on the basis of your consent and will not be allowed to keep it further to be accessed, downloaded or otherwise secured by you.
Where Personal Data is processed for the above purposes on the basis of Darwin’s legitimate interests, under the GDPR, you may object to such processing at any time. To do so please contact [email protected]
In addition, you have the right to lodge a complaint with the data protection authority.
We will store your usage data until such time when you withdraw your consent for us to do so. All other data as specified above will be retained for as long as is necessary for the purpose(s) for which we originally collected it or to provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, and enforce our agreements. We may also retain information as required by law.
Darwin’s customer information is stored in the European Union. In some limited cases, customer information may be accessed from, or other data (e.g., e-mail) may be transferred to, the United States or other countries which may have data protection laws that are different from the laws where you live. Darwin has taken appropriate safeguards to require that your Personal Data will remain protected and require our third-party service providers and partners to have appropriate safeguards as well. Further details can be provided upon request.
The Services are not directed to children under 13 (or other age as required by local law), and we do not knowingly collect Personal Data from children. If you learn that your child has provided us with Personal Data without your consent, you may contact us as set forth below. If we learn that we have collected any Personal Data in violation of Applicable Law, we will promptly take steps to delete such information and terminate the child’s account.
If you are a visitor of a Darwin Enabled Site, this section applies to you.
You can get more information about Darwin by visiting the ‘about Darwin’ section of our support site. Darwin assists its users/customers in providing their end users with a better experience and service as well as assist them in diagnosing technical problems and analyzing user trends. Most importantly, through Darwin’s services, the functionality of the Darwin Enabled Site can be improved, making them more user-friendly, more valuable, and simpler to use for the end users.
Darwin also gives its customers the ability to integrate end-user data collected via a Darwin Enabled Site with end-user data stored by our customers outside of Darwin. Customers who would like to enable this particular feature should sign a Data Processing Agreement with Darwin.
Depending on the web browser you use, it might be possible for you to disallow Darwin from collecting your information when visiting a Darwin Enabled Site. This can be done at any time by visiting our Do Not Track page and clicking ‘Block’ or enabling Do Not Track (DNT) directly in your browser.