Privacy Policy

We are delighted about your interest in our company. Data protection is of particularly high importance to the management of Simon M. Bernard. The use of Simon M. Bernard’s websites is generally possible without providing any personal data. However, if a data subject wishes to use special services of our company via our website, the processing of personal data may become necessary. If the processing of personal data is required and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, email address, or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection regulations applicable to Simon M. Bernard. Through this privacy policy, our company aims to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed about their rights through this privacy policy.

As the controller, Simon M. Bernard has implemented numerous technical and organizational measures to ensure the most complete protection possible for personal data processed via this website. Nevertheless, internet-based data transmissions may inherently have security vulnerabilities, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us via alternative means, such as by telephone.

**1. Definitions**

The privacy policy of Simon M. Bernard is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easily readable and understandable for the public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance.

In this privacy policy, we use, among others, the following terms:

**a) Personal Data**  
Personal data means any information relating to an identified or identifiable natural person (hereinafter "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 one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

**b) Data Subject**  
A 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 performed on personal data, whether or not by automated means, such as collection, recording, organization, 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 is 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 analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

**f) Pseudonymization**  
Pseudonymization 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 organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

**g) Controller or Data Controller**  
The controller or data controller 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**  
A processor is a natural or legal person, public authority, agency, or other body that processes personal data on behalf of the controller.

**i) Recipient**  
A recipient is a natural or legal person, public authority, agency, or another body to which personal data is disclosed, whether a third party or not. However, public authorities that 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.

**j) Third Party**  
A 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 authorized to process personal data.

**k) Consent**  
Consent is any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which they, by a statement or by a clear affirmative action, signify agreement to the processing of personal data relating to them.

**2. Name and Address of the Controller**

The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union, and other provisions related to data protection is:

Simon M. Bernard  
Zur Wolfswiese 8  
97816 Lohr am Main  
Germany  
Tel.: +491711417930  
Email: mail@simonmbernard.com
Website: www.simonmbernard.com

**3. Cookies**

The websites of Simon M. Bernard use cookies. Cookies are text files that are stored on a computer system via an internet browser.

Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This allows visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.

Through the use of cookies, Simon M. Bernard can provide users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. For example, a website user who uses cookies does not have to enter access data each time the website is accessed, because this is taken over by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart in an online shop. The online shop remembers the articles that a customer has placed in the virtual shopping cart via a cookie.

The data subject can prevent the setting of cookies through our website at any time by means of a corresponding setting of the internet browser used and thus permanently deny the setting of cookies. Furthermore, already set cookies can be deleted at any time via an internet browser or other software programs. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the internet browser used, not all functions of our website may be fully usable.

**4. Collection of General Data and Information**

The website of Simon M. Bernard collects a series of general data and information with each visit to the website by a data subject or an automated system. This general data and information is stored in the server’s log files. The following may be collected: (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 accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the internet service provider of the accessing system, and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.

When using this general data and information, Simon M. Bernard does not draw any conclusions about the data subject. This information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website and its advertising, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack. This anonymously collected data and information is therefore evaluated by Simon M. Bernard statistically and with the aim of increasing data protection and data security in our company to ultimately 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.

**5. Contact Option via the Website**

Due to legal requirements, the website of Simon M. Bernard contains information that enables quick electronic contact with our company as well as direct communication with us, which also includes a general address for so-called electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller is stored for the purposes of processing or contacting the data subject. This personal data is not passed on to third parties.

**6. Routine Erasure and Blocking of Personal Data**

The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage or as provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.

If the storage purpose ceases to apply or a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or erased in accordance with legal requirements.

**7. Rights of the Data Subject**

**a) Right to Confirmation**  
Every data subject has the right, granted by the European legislator, to obtain from the controller confirmation as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right of confirmation, they can contact an employee of the controller at any time.

**b) Right to Access**  
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller free information about the personal data stored about them and a copy of this information at any time. Furthermore, the European legislator has granted the data subject access to the following information:  
- the purposes of the processing  
- the categories of personal data being processed  
- the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organizations  
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period  
- the existence of the right to request rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing  
- the right to lodge a complaint with a supervisory authority  
- where the personal data is not collected from the data subject, any available information as to their source  
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject  

**c) Right to Rectification**  
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to request the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data, including by means of providing a supplementary statement.  
If a data subject wishes to exercise this right to rectification, they can contact an employee of the controller at any time.

**d) Right to Erasure (Right to Be Forgotten)**  
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to request from the controller the immediate erasure of personal data concerning them, where one of the following grounds applies and insofar as the processing is not necessary:  
- The personal data was collected or otherwise processed for purposes for which it is no longer necessary.  
- The data subject withdraws their consent on which the processing is based according to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and there is no other legal ground for the processing.  
- The data subject objects to the processing pursuant to Article 21(1) GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.  
- The personal data has been unlawfully processed.  
- The erasure of personal data is necessary to comply with a legal obligation under Union or Member State law to which the controller is subject.  
- The personal data was collected in relation to the offer of information society services referred to in Article 8(1) GDPR.

**e) Right to Restriction of Processing**  
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to request from the controller the restriction of processing where one of the following applies:  
- 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.  
- The processing is unlawful, and the data subject opposes the erasure of the personal data and requests the restriction of its use instead.  
- The controller no longer needs the personal data for the purposes of the processing, but it is required by the data subject for the establishment, exercise, or defense of legal claims.  
- The data subject has objected to processing pursuant to Article 21(1) GDPR, pending the verification of whether the legitimate grounds of the controller override those of the data subject.

**f) Right to Data Portability**  
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to which the personal data was provided, where the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR, and the processing is carried out by automated means, provided that 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, when exercising their right to data portability pursuant to Article 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.  
To assert the right to data portability, the data subject can contact an employee of Simon M. Bernard at any time.

**g) Right to Object**  
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them based on Article 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.  
Simon M. Bernard will no longer process the personal data in the event of an objection unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject, or the processing serves the establishment, exercise, or defense of legal claims.  
If Simon M. Bernard processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Simon Bernard processing for direct marketing purposes, Simon M. Bernard will no longer process the personal data for these purposes.  
Furthermore, the data subject has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them by Simon M. Bernard for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR, unless such processing is necessary for the performance of a task carried out for reasons of public interest.  
To exercise the right to object, the data subject can directly contact any employee of Simon M. Bernard or another employee. The data subject is also free, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise their right to object by automated means using technical specifications.

**h) Automated Individual Decision-Making, Including Profiling**  
Every data subject affected by the processing of personal data has 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 them or similarly significantly affects them, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is authorized 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 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 the controller, or (2) is based on the data subject’s explicit consent, Simon M. Bernard will 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 their point of view, and to contest the decision.  
If the data subject wishes to exercise rights related to automated decision-making, they can contact an employee of the controller at any time.

**i) Right to Withdraw Data Protection Consent**  
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to withdraw their consent to the processing of personal data at any time.  
If the data subject wishes to exercise their right to withdraw consent, they can contact an employee of the controller at any time.

**8. Data Protection Provisions for the Use of Instagram**

The controller has integrated components of the Instagram service on this website. Instagram is a service that qualifies as an audiovisual platform, enabling users to share photos and videos and to disseminate such data on other social networks.

The operating company of Instagram’s services is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

With each visit to one of the individual pages of this website, which is operated by the controller and on which an Instagram component (Insta button) has been integrated, the internet browser on the data subject’s information technology system is automatically prompted by the respective Instagram component to download a display of the corresponding component from Instagram. As part of this technical process, Instagram receives information about which specific subpage of our website is visited by the data subject.

If the data subject is logged into Instagram at the same time, Instagram recognizes, with each visit to our website by the data subject and during the entire duration of their stay on our website, which specific subpage the data subject visits. This information is collected by the Instagram component and assigned to the respective Instagram account of the data subject. If the data subject clicks on one of the Instagram buttons integrated on our website, the data and information transmitted with it are assigned to the personal Instagram user account of the data subject and stored and processed by Instagram.

Instagram always receives information via the Instagram component that the data subject has visited our website if the data subject is logged into Instagram at the time of accessing our website; this occurs regardless of whether the data subject clicks on the Instagram component or not. If such transmission of this information to Instagram is not desired by the data subject, they can prevent the transmission by logging out of their Instagram account before accessing our website.

Further information and the applicable data protection provisions of Instagram can be found at https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/.

**9. Legal Basis for Processing**

Article 6(1)(a) GDPR serves as the legal basis for our company for processing operations where 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 a party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of any other service or consideration, the processing is based on Article 6(1)(b) GDPR. The same applies to processing operations necessary for carrying out pre-contractual measures, such as in cases of inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on Article 6(1)(c) GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our premises were injured, and their name, age, health insurance data, or other vital information needed to be passed on to a doctor, hospital, or other third party. The processing would then be based on Article 6(1)(d) GDPR. Finally, processing operations could be based on Article 6(1)(f) GDPR. This legal basis applies to processing operations not covered by any of the aforementioned legal grounds if the processing is necessary for the purposes of the legitimate interests pursued by our company or a third party, provided that the interests, fundamental rights, and freedoms of the data subject do not override such interests. Such processing operations are permitted, in particular, because they were specifically mentioned by the European legislator, who considered that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, Sentence 2 GDPR).

**10. Legitimate Interests in Processing Pursued by the Controller or a Third Party**

If the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and shareholders.

**11. Duration of Storage of Personal Data**

The criterion for the duration of the storage of personal data is the respective statutory retention period. After the expiration of this period, the corresponding data is routinely deleted, provided it is no longer necessary for the fulfillment or initiation of a contract.

**12. Legal or Contractual Provisions for the Provision of Personal Data; Necessity for the Conclusion of a Contract; Obligation of the Data Subject to Provide Personal Data; Possible Consequences of Non-Provision**

We inform you that the provision of personal data is partly required by law (e.g., tax regulations) or may arise from contractual arrangements (e.g., information about the contractual partner). In some cases, it may be necessary for a contract to be concluded that a data subject provides us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company enters into a contract with them. Failure to provide the personal data would result in the contract with the data subject not being concluded. Before providing personal data, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of non-provision would be.

**13. Existence of Automated Decision-Making**

As a responsible company, we do not use automated decision-making or profiling.

Developed by the Legal Tech specialists at Willing & Able, who also developed the system for simple contract conclusions. The texts of the privacy policy generator were created and published by Prof. Dr. h.c. Heiko Jonny Maniero and lawyer Christian Solmecke.