Privacy Policy

We are very delighted that you have shown interest in our enterprise. Data protection is of a
particularly high priority for the management of the Bernstein Analytics GmbH. The use of the
Internet pages of the Bernstein Analytics GmbH is possible without any indication of personal
data; however, if a data subject wants to use special enterprise services via our website,
processing of personal data could become necessary. If the processing of personal data is
necessary and there is no statutory basis for such processing, we generally obtain consent
from 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
(GDPR), and in accordance with the country-specific data protection regulations applicable to
the Bernstein Analytics GmbH. By means of this data protection declaration, our enterprise
would like to inform the general public of the nature, scope, and purpose of the personal data
we collect, use and process. Furthermore, data subjects are informed, by means of this data
protection declaration, of the rights to which they are entitled.
As the controller, the Bernstein Analytics GmbH has implemented numerous technical and
organizational measures to ensure the most complete protection of personal data processed
through this website. However, Internet-based data transmissions may in principle have
security gaps, so absolute protection may not be guaranteed. For this reason, every data
subject is free to transfer personal data to us via alternative means, e.g. by telephone.

1. Definitions
The data protection declaration of the Bernstein Analytics GmbH is based on the terms used
by the European legislator for the adoption of the General Data Protection Regulation
(GDPR). Our data protection declaration should be legible and understandable for the
general public, as well as our customers and business partners. To ensure this, we would
like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:

a) Personal data
Personal data means any information relating to an identified or identifiable natural
person (“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) Data subject
Data subject is any identified or identifiable natural person, whose personal data is
processed by the controller responsible for the processing.

c) Processing
Processing is any operation or set of operations which is performed on personal data
or on sets of personal data, whether or not by automated means, such as collection,
recording, organisation, structuring, storage, adaptation or alteration, retrieval,
consultation, use, disclosure by transmission, dissemination or otherwise making
available, alignment or combination, restriction, erasure or destruction.

d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of
limiting their processing in the future.

e) Profiling
Profiling means any form of automated processing of personal data consisting of the
use of personal data to evaluate certain personal aspects relating to a natural person,
in particular to analyse or predict aspects concerning that natural person’s
performance at work, economic situation, health, personal preferences, interests,
reliability, behaviour, location or movements.

f) Pseudonymisation
Pseudonymisation is the processing of personal data in such a manner 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 separately
and is subject to technical and organisational measures to ensure that the personal
data are not attributed to an identified or identifiable natural person.

g) Controller or controller responsible for the processing
Controller or controller responsible for the processing 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 nomination may be provided for by Union or
Member State law.

h) Processor
Processor is a natural or legal person, public authority, agency or other body which
processes personal data on behalf of the controller.

i) Recipient
Recipient is a natural or legal person, public authority, agency or another body, to
which the personal data are disclosed, whether a third party or not. However, public
authorities which may receive personal data in the framework of a particular inquiry in
accordance with Union or Member State law shall not be regarded as recipients; the
processing of those data by those public authorities shall be in compliance with the
applicable data protection rules according to the purposes of the processing.

j) Third party
Third party is a natural or legal person, public authority, agency or body other than
the data subject, controller, processor and persons who, under the direct authority of
the controller or processor, are authorised to process personal data.

k) Consent
Consent of the data subject is any freely given, specific, informed and unambiguous
indication of the data subject’s wishes by which he or she, by a statement or by a
clear affirmative action, signifies agreement to the processing of personal data
relating to him or her.

2. Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data
protection laws applicable in Member states of the European Union and other provisions
related to data protection is:
Bernstein Analytics GmbH
Neustädtische Kirchstraße 6
10117 Berlin
Deutschland
Phone: +49 30 275723 0
Email: contact@bernstein-group.com
Website: www.bernstein-group.com

3. Collection of general data and information
The website of the Bernstein Analytics GmbH collects a series of general data and
information when a data subject or automated system calls up the website. This general data
and information are stored in the server log files. Collected may be (1) the browser types and
versions used, (2) the operating system used by the accessing system, (3) the website from
which an accessing system reaches our website (so-called referrers), (4) the sub-websites,
(5) the date and time of access to the Internet site, (6) an Internet protocol address (IP
address), (7) the Internet service provider of the accessing system, and (8) any other similar
data and information that may be used in the event of attacks on our information technology
systems.
When using these general data and information, the Bernstein Analytics GmbH does not
draw any conclusions about the data subject. Rather, this information is needed to (1) deliver
the content of our website correctly, (2) optimize the content of our website as well as its
advertisement, (3) ensure the long-term viability of our information technology systems and
website technology, and (4) provide law enforcement authorities with the information
necessary for criminal prosecution in case of a cyber-attack. Therefore, the Bernstein
Analytics GmbH analyzes anonymously collected data and information statistically, with the
aim of increasing the data protection and data security of our enterprise, and to ensure an
optimal level of protection for the personal data we process. The anonymous data of the
server log files are stored separately from all personal data provided by a data subject.

4. Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the
period necessary to achieve the purpose of storage, or as far as this is granted by the
European legislator or other legislators in laws or regulations to which the controller is
subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European
legislator or another competent legislator expires, the personal data are routinely blocked or
erased in accordance with legal requirements.

5. Rights of the data subject

a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain
from the controller the confirmation as to whether or not personal data concerning
him or her are being processed. If a data subject wishes to avail himself of this right of
confirmation, he or she may, at any time, contact any employee of the controller.

b) Right of access
Each data subject shall have the right granted by the European legislator to obtain
from the controller free information about his or her personal data stored at any time
and a copy of this information. Furthermore, the European directives and regulations
grant the data subject access to the following information:
o the purposes of the processing;
o the categories of personal data concerned;
o the recipients or categories of recipients to whom the personal data have been
or will be disclosed, in particular recipients in third countries or international
organisations;
o where possible, the envisaged period for which the personal data will be
stored, or, if not possible, the criteria used to determine that period;
o the existence of the right to request from the controller rectification or erasure
of personal data, or restriction of processing of personal data concerning the
data subject, or to object to such processing;
o the existence of the right to lodge a complaint with a supervisory authority;
o where the personal data are not collected from the data subject, any available
information as to their source;
o the existence of automated decision-making, including profiling, referred to in
Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful
information about the logic involved, as well as the significance and envisaged
consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether
personal data are transferred to a third country or to an international organisation.
Where this is the case, the data subject shall have the right to be informed of the
appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any
time, contact any employee of the controller.

c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain
from the controller without undue delay the rectification of inaccurate personal data
concerning him or her. Taking into account the purposes of the processing, the data
subject shall have the right to have incomplete personal data completed, including by
means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any
time, contact any employee of the controller.

d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain
from the controller the erasure of personal data concerning him or her without undue
delay, and the controller shall have the obligation to erase personal data without
undue delay where one of the following grounds applies, as long as the processing is
not necessary:
o The personal data are no longer necessary in relation to the purposes for
which they were collected or otherwise processed.
o The data subject withdraws consent to which the processing is based
according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of
the GDPR, and where there is no other legal ground for the processing.
o 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.
o The personal data have been unlawfully processed.
o The personal data must be erased for compliance with a legal obligation in
Union or Member State law to which the controller is subject.
o The personal data have been collected in relation to the offer of information
society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request
the erasure of personal data stored by the Bernstein Analytics GmbH, he or she may,
at any time, contact any employee of the controller. An employee of Bernstein
Analytics GmbH shall promptly ensure that the erasure request is complied with
immediately.
Where the controller has made personal data public and is obliged pursuant to Article
17(1) to erase the personal data, the controller, taking account of available
technology and the cost of implementation, shall take reasonable steps, including
technical measures, to inform other controllers processing the personal data that the
data subject has requested erasure by such controllers of any links to, or copy or
replication of, those personal data, as far as processing is not required. An
employees of the Bernstein Analytics GmbH will arrange the necessary measures in
individual cases.

e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain
from the controller restriction of processing where one of the following applies:
o 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.
o The processing is unlawful and the data subject opposes the erasure of the
personal data and requests instead the restriction of their use instead.
o The controller no longer needs the personal data for the purposes of the
processing, but they are required by the data subject for the establishment,
exercise or defence of legal claims.
o The data subject has objected to processing pursuant to Article 21(1) of the
GDPR pending the verification 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 the processing of personal data stored by the Bernstein Analytics
GmbH, he or she may at any time contact any employee of the controller. The
employee of the Bernstein Analytics GmbH will arrange the restriction of the
processing.

f) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive
the personal data concerning him or her, which was provided to a controller, in a
structured, commonly used and machine-readable format. He or she shall have the
right to transmit those data to another controller without hindrance from the controller
to which the personal data have been provided, as long as the processing is based
on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2)
of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and
the processing is carried out by automated means, as long as the processing is not
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, in exercising his or her right to data portability pursuant to Article 20(1)
of the GDPR, the data subject shall have the right to have personal data transmitted
directly from one controller to another, where technically feasible and when doing so
does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact
any employee of the Bernstein Analytics GmbH.

g) Right to object
Each data subject shall have the right granted by the European legislator to object, on
grounds relating to his or her particular situation, at any time, to processing of
personal data concerning him or her, which is based on point (e) or (f) of Article 6(1)
of the GDPR. This also applies to profiling based on these provisions.
The Bernstein Analytics GmbH 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 the Bernstein Analytics GmbH processes personal data for direct marketing
purposes, 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 applies to profiling to
the extent that it is related to such direct marketing. If the data subject objects to the
Bernstein Analytics GmbH to the processing for direct marketing purposes, the
Bernstein Analytics GmbH 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 by the
Bernstein Analytics GmbH for scientific or historical research purposes, or for
statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is
necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact any employee of
the Bernstein Analytics GmbH. In addition, the data subject is free in the context of
the use of information society services, and notwithstanding Directive 2002/58/EC, to
use his or her right to object by automated means using technical specifications.

h) Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator 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, as long as the decision (1) is not is necessary for entering into, or the
performance of, a contract between the data subject and a data controller, or (2) is
not authorised by Union or Member State law to which the controller is subject and
which also lays down suitable measures to safeguard the data subject’s rights and
freedoms and legitimate interests, or (3) is not 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 a data controller, or (2) it is based on the data subject’s
explicit consent, the Bernstein Analytics GmbH shall implement suitable measures to
safeguard the data subject’s rights and freedoms and legitimate interests, at least the
right to obtain human intervention 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 individual
decision-making, he or she may, at any time, contact any employee of the Bernstein
Analytics GmbH.

i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw
his or her consent to processing of his or her 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 Bernstein Analytics GmbH.

6. Data protection for applications and the application procedures
The data controller shall collect and process the personal data of applicants for the purpose
of the processing of the application procedure. The processing may also be carried out
electronically. This is the case, in particular, if an applicant submits corresponding application
documents by e-mail or by means of a web form on the website to the controller. If the data
controller concludes an employment contract with an applicant, the submitted data will be
stored for the purpose of processing the employment relationship in compliance with legal
requirements. If no employment contract is concluded with the applicant by the controller, the
application documents shall be automatically erased two months after notification of the
refusal decision, provided that no other legitimate interests of the controller are opposed to
the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure
under the General Equal Treatment Act (AGG).

7. Data protection provisions about the application and use of Google Analytics (with
anonymization function)
On this website, the controller has integrated the component of Google Analytics (with the
anonymizer function). Google Analytics is a web analytics service. Web analytics is the
collection, gathering, and analysis of data about the behavior of visitors to websites. A web
analysis service collects, inter alia, data about the website from which a person has come
(the so-called referrer), which sub-pages were visited, or how often and for what duration a
sub-page was viewed. Web analytics are mainly used for the optimization of a website and in
order to carry out a cost-benefit analysis of Internet advertising.
The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy,
Mountain View, CA 94043-1351, United States.
For the web analytics through Google Analytics the controller uses the application “_gat.
_anonymizeIp”. By means of this application the IP address of the Internet connection of the
data subject is abridged by Google and anonymised when accessing our websites from a
Member State of the European Union or another Contracting State to the Agreement on the
European Economic Area.
The purpose of the Google Analytics component is to analyze the traffic on our website.
Google uses the collected data and information, inter alia, to evaluate the use of our website
and to provide online reports, which show the activities on our websites, and to provide other
services concerning the use of our Internet site for us.
Google Analytics places a cookie on the information technology system of the data subject.
The definition of cookies is explained above. With the setting of the cookie, Google is
enabled to analyze the use of our website. With each call-up to one of the individual pages of
this Internet site, which is operated by the controller and into which a Google Analytics
component was integrated, the Internet browser on the information technology system of the
data subject will automatically submit data through the Google Analytics component for the
purpose of online advertising and the settlement of commissions to Google. During the
course of this technical procedure, the enterprise Google gains knowledge of personal
information, such as the IP address of the data subject, which serves Google, inter alia, to
understand the origin of visitors and clicks, and subsequently create commission
settlements.
The cookie is used to store personal information, such as the access time, the location from
which the access was made, and the frequency of visits of our website by the data subject.
With each visit to our Internet site, such personal data, including the IP address of the
Internet access used by the data subject, will be transmitted to Google in the United States of
America. These personal data are stored by Google in the United States of America. Google
may pass these personal data collected through the technical procedure to third parties.
The data subject may, as stated above, prevent the setting of cookies through our website at
any time by means of a corresponding adjustment of the web browser used and thus
permanently deny the setting of cookies. Such an adjustment to the Internet browser used
would also prevent Google Analytics from setting a cookie on the information technology
system of the data subject. In addition, cookies already in use by Google Analytics may be
deleted at any time via a web browser or other software programs.
In addition, the data subject has the possibility of objecting to a collection of data that are
generated by Google Analytics, which is related to the use of this website, as well as the
processing of this data by Google and the chance to preclude any such. For this purpose, the
data subject must download a browser add-on under the link
https://tools.google.com/dlpage/gaoptout and install it. This browser add-on tells Google
Analytics through a JavaScript, that any data and information about the visits of Internet
pages may not be transmitted to Google Analytics. The installation of the browser add-ons is
considered an objection by Google. If the information technology system of the data subject
is later deleted, formatted, or newly installed, then the data subject must reinstall the browser
add-ons to disable Google Analytics. If the browser add-on was uninstalled by the data
subject or any other person who is attributable to their sphere of competence, or is disabled,
it is possible to execute the reinstallation or reactivation of the browser add-ons.
Further information and the applicable data protection provisions of Google may be retrieved
under https://www.google.com/intl/en/policies/privacy/ and under
http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under
the following Link https://www.google.com/analytics/.

8. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for 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 party, as is the case, for example,
when processing operations are necessary for the supply of goods or to provide any other
service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such
processing operations which are necessary for carrying out pre-contractual measures, for
example in the case of inquiries concerning our products or services. Is our company subject
to a legal obligation by which processing of personal data is required, such as for the
fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases,
the processing of personal data may be necessary to protect the vital interests of the data
subject or of another natural person. This would be the case, for example, if a visitor were
injured in our company and his name, age, health insurance data or other vital information
would have to be passed on to a doctor, hospital or other third party. Then the processing
would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on
Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not
covered by any of the abovementioned legal grounds, if processing is necessary for the
purposes of the legitimate interests pursued by our company or by a third party, except
where such interests are overridden by the interests or fundamental rights and freedoms of
the data subject which require protection of personal data. Such processing operations are
particularly permissible because they have been specifically mentioned by the European
legislator. He considered that a legitimate interest could be assumed if the data subject is a
client of the controller (Recital 47 Sentence 2 GDPR).

9. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate
interest is to carry out our business in favor of the well-being of all our employees and the
shareholders.

10. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective
statutory retention period. After expiration of that period, the corresponding data is routinely
deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation
of a contract.

11. Provision of personal data as statutory or contractual requirement; Requirement
necessary to enter into a contract; Obligation of the data subject to provide the
personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or
can also result from contractual provisions (e.g. information on the contractual partner).
Sometimes it may be necessary to conclude a contract that the data subject provides us with
personal data, which must subsequently be processed by us. The data subject is, for
example, obliged to provide us with personal data when our company signs a contract with
him or her. The non-provision of the personal data would have the consequence that the
contract with the data subject could not be concluded. Before personal data is provided by
the data subject, the data subject must contact any employee. The employee clarifies to the
data subject whether the provision of the personal data is required by law or contract or is
necessary for the conclusion of the contract, whether there is an obligation to provide the
personal data and the consequences of non-provision of the personal data.

12. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
This Privacy Policy has been generated by the Privacy Policy Generator of the External Data
Protection Officers that was developed in cooperation with the Media Law Lawyers from
WBS-LAW.