Privacy Policy
PRIVACY POLICY
Last Updated: October 8, 2026
1. WHO WE ARE
This Privacy Policy explains how DarkBrain (“DarkBrain”, “we”, “our”, or “us”) handles personal information when you visit or use the DarkBrain Shop, browse our products, contact us, subscribe to shop announcements, or otherwise interact with the Shop.
DarkBrain is operated by:
Kyle Daniel Mikolajczak
Glüsingen 3
21386 Betzendorf
Germany
For privacy-related questions or requests, you can contact us at:
contact@support.shop.thedarkbrain.com
2. THE DARKBRAIN SHOP AND FOURTHWALL
The DarkBrain Shop is operated using the Fourthwall platform.
Fourthwall provides the ecommerce infrastructure used for the Shop, including website hosting, checkout, payment processing, order processing, product production, fulfilment, shipping, returns and refunds.
For product purchases made through the DarkBrain Shop, Fourthwall acts as the Merchant of Record and is the seller of the products. The product transaction is therefore generally between you and Fourthwall.
Depending on the specific processing activity, Fourthwall may process personal information as a service provider or processor on behalf of DarkBrain, or may process information as an independent controller under its own legal responsibilities.
Fourthwall maintains its own Privacy Policy and Terms of Service.
This Privacy Policy explains the processing for which DarkBrain is responsible. Processing carried out independently by Fourthwall under its own legal responsibilities may additionally be governed by Fourthwall's own Privacy Policy.
3. WHAT PERSONAL INFORMATION WE COLLECT
Depending on how you interact with the DarkBrain Shop, we may process the following categories of personal information:
• Contact information, such as your name and email address.
• Order and transaction information, such as the products ordered, order date, order value and order status.
• Shipping information, such as your name, delivery address and, where necessary for fulfilment or delivery, telephone number.
• Communication information, including information you provide when contacting us and the contents of your messages.
• Newsletter and mailing-list information, including your email address and your subscription or unsubscribe status.
• Technical information that may be processed through the Shop platform, such as IP address, browser type, device information, approximate location derived from technical data, access times and information about how the Shop is used.
• Cookie and similar technology information, where such technologies are used.
4. PAYMENT INFORMATION
Payments for products are processed through Fourthwall and its payment service providers.
DarkBrain does not receive or store complete payment card numbers.
Payment providers may process payment and billing information such as card details, billing information and transaction-related information as necessary to process your payment, prevent fraud and comply with legal obligations.
Payment processing is subject to the applicable policies of the payment provider and Fourthwall.
5. HOW WE USE PERSONAL INFORMATION
We may process personal information for the following purposes:
• operating and maintaining the DarkBrain Shop;
• processing and supporting enquiries;
• managing the DarkBrain mailing list and sending shop announcements where you have subscribed;
• communicating with you about products, orders or enquiries;
• supporting the fulfilment of product orders through Fourthwall;
• maintaining the security and integrity of the Shop;
• preventing fraud, abuse and unauthorized activity;
• complying with legal and regulatory obligations;
• establishing, exercising or defending legal claims; and
• improving the Shop and its services where this is permitted by applicable law.
6. LEGAL BASES FOR PROCESSING
Where the General Data Protection Regulation (GDPR) applies, we process personal information only where a valid legal basis exists.
Depending on the circumstances, this may include:
Consent
We may process personal information based on your consent, for example when you voluntarily subscribe to our mailing list or consent to non-essential cookies where consent is required.
You may withdraw your consent at any time. Withdrawal does not affect the lawfulness of processing carried out before the withdrawal.
Performance of a contract
We may process information where this is necessary to provide services or fulfil obligations relating to an interaction or request.
Legal obligations
We may process information where processing is necessary to comply with legal, accounting, tax or regulatory obligations.
Legitimate interests
We may process information where this is necessary for our legitimate interests, such as operating, securing and improving the Shop, preventing fraud and misuse, responding to enquiries, and establishing or defending legal claims.
Where we rely on legitimate interests, we take into account your interests, rights and freedoms and do not rely on this legal basis where they are overridden by those interests.
7. MAILING LIST AND SHOP ANNOUNCEMENTS
If you subscribe to the DarkBrain Shop mailing list, we use your email address to send you shop-related announcements and other communications for which you have given the required consent.
You can unsubscribe at any time using the unsubscribe option provided in the relevant communication or by contacting us.
We do not sell your email address or use it to market unrelated third-party products without an appropriate legal basis.
8. COOKIES AND SIMILAR TECHNOLOGIES
The DarkBrain Shop may use cookies and similar technologies that are necessary for the operation, security and functionality of the Shop.
These technologies may be used, for example, to maintain shopping-cart functionality, support checkout, remember settings or protect the Shop against abuse.
Where non-essential cookies or similar technologies are used and consent is legally required, they will only be used after the required consent has been obtained.
You may also manage cookies through your browser settings.
Some functions of the Shop may not operate correctly if necessary cookies are disabled.
9. ANALYTICS AND PLATFORM TECHNOLOGIES
The DarkBrain Shop is operated through Fourthwall.
Fourthwall may use technical, analytics, security and similar technologies as described in its own Privacy Policy and applicable platform configuration.
Where Fourthwall processes personal information on behalf of DarkBrain, such processing is carried out for the purposes of providing the Shop and related services.
Where Fourthwall processes personal information under its own legal responsibilities, including certain processing connected with its role as Merchant of Record, Fourthwall's own Privacy Policy applies to that processing.
We do not independently sell personal information for advertising purposes.
10. WHO MAY RECEIVE PERSONAL INFORMATION
Depending on the purpose of processing, personal information may be disclosed to:
• Fourthwall, Inc., which provides the Shop platform and acts as Merchant of Record for product purchases;
• payment service providers involved in processing payments;
• production, fulfilment, shipping and logistics providers required to fulfil an order;
• technical and hosting service providers;
• email or mailing-list service providers used to operate the Shop;
• professional advisers where reasonably necessary;
• courts, authorities, regulators or law-enforcement bodies where disclosure is required or permitted by law; and
• a successor or purchaser in connection with a lawful restructuring, sale or transfer of the relevant business or assets.
We do not sell personal information to third parties.
11. INTERNATIONAL DATA TRANSFERS
Some service providers used to operate the DarkBrain Shop, including Fourthwall, are based in the United States or may process personal information internationally.
Where personal information is transferred outside the European Economic Area, the United Kingdom or Switzerland, we take steps to ensure that the transfer is carried out in accordance with applicable data protection law.
Depending on the circumstances, lawful transfer mechanisms may include an adequacy decision, Standard Contractual Clauses or another legally recognized transfer mechanism.
Where required by law, information about the applicable safeguards can be requested from us using the contact details provided in this Privacy Policy.
Fourthwall's own international data-transfer practices are additionally described in Fourthwall's Privacy Policy and applicable contractual documentation.
12. HOW LONG WE KEEP PERSONAL INFORMATION
We keep personal information only for as long as reasonably necessary for the purposes described in this Privacy Policy.
Different retention periods may apply depending on the type of information and the purpose of processing.
For example:
• mailing-list information is retained until you unsubscribe or the information is otherwise no longer required;
• communication information is retained for as long as necessary to handle the enquiry and, where appropriate, for a reasonable period afterwards;
• order and transaction information may be retained for the periods required by applicable tax, accounting and commercial laws;
• information required to establish, exercise or defend legal claims may be retained for the applicable limitation period; and
• certain technical or security information may be retained for a shorter period appropriate to the relevant security or operational purpose.
Where personal information is no longer required, it will be deleted or anonymized unless a legal obligation or other lawful reason requires continued retention.
13. YOUR DATA PROTECTION RIGHTS
Depending on applicable law, you may have the following rights:
• the right to obtain access to your personal information;
• the right to request correction of inaccurate or incomplete information;
• the right to request deletion of your personal information in certain circumstances;
• the right to request restriction of processing in certain circumstances;
• the right to object to certain processing, including processing based on legitimate interests;
• the right to data portability where the applicable legal requirements are met;
• the right to withdraw consent where processing is based on consent; and
• the right to lodge a complaint with a competent data protection supervisory authority.
The exercise of these rights is subject to the conditions and limitations provided by applicable law.
To exercise your rights, contact us at:
contact@support.shop.thedarkbrain.com
We may need to request reasonable information to verify your identity before responding to a request.
Where a request concerns information processed directly by Fourthwall as an independent controller, you may also need to exercise your rights directly with Fourthwall.
14. RIGHT TO OBJECT
Where we process your personal information based on legitimate interests, you may have the right to object to that processing on grounds relating to your particular situation.
You also have the right to object to direct marketing at any time.
If you object to direct marketing, we will stop using your personal information for that purpose, subject to applicable legal requirements.
15. AUTOMATED DECISION-MAKING AND PROFILING
DarkBrain does not use your personal information for automated decision-making that produces legal effects or similarly significant effects on you.
We do not use personal information collected through the DarkBrain Shop to create such decisions about customers.
16. DATA SECURITY
We use reasonable technical and organizational measures designed to protect personal information against accidental loss, destruction, unauthorized access, alteration or disclosure.
The Shop also relies on security measures implemented by Fourthwall and other service providers.
However, no method of transmission or storage over the internet can be guaranteed to be completely secure.
17. THIRD-PARTY WEBSITES AND SERVICES
The DarkBrain Shop may contain links to third-party websites or services, including social media platforms and other websites operated independently from DarkBrain.
This Privacy Policy does not apply to those third-party websites or services.
We encourage you to review the privacy policies of third-party services before providing personal information to them.
18. CHILDREN
The DarkBrain Shop is not directed at children.
We do not knowingly collect personal information from children where doing so would violate applicable law.
If you believe that a child has provided personal information to us without appropriate authorization, please contact us so that we can review the situation and take appropriate action.
19. CHANGES TO THIS PRIVACY POLICY
We may update this Privacy Policy from time to time to reflect changes in the Shop, the services we use, applicable law or our data-processing practices.
The date shown at the beginning of this Privacy Policy indicates when it was last updated.
If we make a material change that requires additional notice under applicable law, we will provide that notice through an appropriate channel.
20. CONTACT
If you have questions about this Privacy Policy or want to exercise your data protection rights, please contact:
DarkBrain
Kyle Daniel Mikolajczak
Glüsingen 3
21386 Betzendorf
Germany
Email:
contact@support.shop.thedarkbrain.com