Data protection notes/information for whistleblowers and the persons affected by the report in our whistleblower system (according to the German Whistleblower Protection Act [HinSchG])

Since you contact or have contacted our company in the context of our whistleblower system, we would like to provide you with information relating to the processing of your personal data in connection with the whistleblower system.

The protection of your personal data is of paramount importance. Personal data is information about personal or factual circumstances regarding an identified or identifiable natural person. These include, for example, your legal name, address, phone number and date of birth, but also all other data which can be related to an identifiable person.

Our data protection practice is in accordance with the legal regulations, in particular those of the Federal Data Protection Act (BDSG, Bundesdatenschutzgesetz) and the General Data Protection Regulation of the EU (GDPR). The following data protection notices serve to fulfil the information duties arising from the GDPR (General Data Protection Regulation of the EU). These can be found, for example, under the articles 13 and 14 et seq. of the GDPR.

Who is the controller of the data processing?

 

The controller within the meaning under article 4 number 7 of the GDPR is the person who, alone or in cooperation with others, makes the respective decisions on the purposes and means of the processing of personal data.

With regard to our whistleblowing system, the controller is the following:

EMOD MOTOREN GmbH
Zur Kuppe 1, D-36364 Bad Salzschlirf, Germany

Email address: info(at)emod-motoren.de
 Phone number: +49 (0) 6648/510
 Fax number: +49 (0) 6648/51143
 You will find further information about our company, information about authorised representatives and other contact options in our imprint on our website:

https://www.emod-motoren.de/en/legal/

 

What kind of data shall be subject to our processing? And for what purposes do we do it?

The following data shall be processed within the scope of the whistleblowing system:

  • Information relating to the persons affected by the notification (e.g. first name, surname, title, contact details, position and employment-related information),
  • Information relating to the (alleged) behavioural violations as well as to the corresponding facts,
  • if applicable, information relating to the whistleblower = the reporting person (e.g. first name, surname, contact details such as e-mail address).
    • Since the reporting procedure applied by the company EMOD MOTOREN GmbH regulates that information can also be provided anonymously, no personal data will be collected about the whistleblowers if the latter do not express themselves differently. Otherwise, any personal information such as the name of the reporting person, their contact details and, if applicable, the circumstances of their observation may be considered.

The purpose of the data processing within the whistleblower system is to receive and clarify serious suspected cases of rule violations at the company EMOD MOTOREN GmbH, in particular criminal offences in the area of white-collar crime as well as corruption.

Within the framework of the whistleblower system, there is no automated decision-making in accordance with the article 22 of the GDPR.

 

On what legal basis does the said processing take place?

Personal data of the whistleblower are usually processed on the basis of the article 6 paragraph 1 sub-paragraph 1 letter c GDPR in conjunction with the article 12 of the German Whistleblower Protection Act (HinSchG).

In other cases, the processing of personal data within the whistleblower system is carried out on the basis of the article 6 paragraph1 sub-paragraph 1 letter f of the GDPR in order to safeguard the overriding legitimate interest of the company EMOD MOTOREN GmbH. This legitimate interest lies in preventing and combating corruption as well as in dealing with serious suspected cases of other kinds of violations of the rules in connection with EMOD MOTOREN GmbH as well as in protecting the company EMOD MOTOREN GmbH and its employees from any potential damage. Since the reporting of violations helps to avoid legal consequences such as for example prosecution, claims for damages and immense damage to the image, the legitimate interests of the data subjects in the exclusion of processing or use shall not prevail.

 

How long will the data be stored?

The personal data will be stored for the duration which is necessary for the clarification and final assessment of the notice. After the completion of the investigations, the personal data will be deleted within a reasonable period of time in compliance with the applicable legal requirements.

According to the article 11 paragraph 5 of the German Whistleblower Protection Act (HinSchG), the documentation on reports will be deleted three years after the conclusion of the respective proceeding. The documentation may be retained for a longer period in order to meet the requirements of this law or of other legislation as long as this is necessary and proportionate.

In the case of the initiation of judicial and/or disciplinary proceedings, the storage may take place until the conclusion of the proceedings or until the expiry of the applicable appeal periods.

All personal data in connection with unfounded notifications will be deleted immediately.

 

Which recipients will your data be shared with?

Generally speaking, the company EMOD MOTOREN GmbH ensures that your personal data is only accessible to a limited number of authorised persons who need to know this data in order to provide the above-mentioned processing purposes.

As soon as it is necessary to clarify the facts, personal data may be forwarded to individual, carefully selected persons of the company EMOD MOTOREN GmbH or, if they are also affected by the facts in question, to subsidiaries of the company EMOD MOTOREN GmbH to the extent it may be necessary. Any person gaining the access to the data shall be obliged to maintain confidentiality.

Your personal data will not be transmitted on or otherwise transferred to any third parties, unless this transmission is necessary for purposes relating to law enforcement. If required by law or orders of state bodies, personal data may be disclosed to the said third parties.

 

Where is your data processed?

The data is processed both on the internal servers of the controller and in the online advisory system "audatis MANAGER" of the German company "audatis Services GmbH" (Luisenstraße 1, D-32052 Herford, Germany).

Technical and organisational measures are used to protect the personal data to be managed by making use of the whistleblower system against unauthorised access, disclosure, misuse, manipulation, loss and destruction during the collection, processing and use of the personal data in question. All service providers used are obliged to the same extent.

 

The rights granted to you as "data subjects"

You have the right to information about the personal data processed by us to your person (under article 15 of the GDPR). In the case of a request for information that is not made in writing, we ask for your understanding that we may then require proof from you that you are the person you claim to be.

Furthermore, you have the right to rectification (under article 16 of the GDPR) or erasure (under article 17 of the GDPR) or restriction (under article 18 of the GDPR) of the processing, insofar as this is legally applicable to you.

IN ADDITION, YOU HAVE A RIGHT TO OBJECT AGAINST THE PROCESSING OF DATA WITHIN THE FRAMEWORK OF LEGAL REQUIREMENTS (UNDER ARTICLE 21 OF THE GDPR). The same principle applies to a right to data portability act (under article 20 of the GDPR).

 

Contact details for data protection

If you have any questions about data protection and the processing of your personal data or if you wish to exercise your rights as a data subject (e.g. right of access), you can contact our data protection team at any time using the following contact details:

EMOD MOTOREN GmbH
Elektromotorenfabrik
- For the data protection team -
Zur Kuppe 1
D-36364 Bad Salzschlirf
E-mail: datenschutz(at)emod-motoren.de

We have appointed a data protection officer in accordance with Art. 37 GDPR. For inquiries, while maintaining secrecy and confidentiality, you can reach our external data protection officer using the following contact details:

EMOD MOTOREN GmbH
Elektromotorenfabrik
- To the Data Protection Officer -
Zur Kuppe 1
D-36364 Bad Salzschlirf
E-mail: datenschutzbeauftragter(at)drimalski.de 

 

Right to lodge a complaint

You have the right to complain to a data protection supervisory authority about our processing of personal data.

 

Do you have any question?

In this case, please get in touch with us for all further questions you may have by contacting:
EMOD MOTOREN GmbH
Zur Kuppe 1, D-36364 Bad Salzschlirf, Germany
Email address:   info(at)emod-motoren.de
Phone number: +49 (0) 6648/510

 

Changes to the present data protection information

We revise the present data protection information in the event of changes in data processing or other occasions that make this needed. You will always find the current version of the data protection information on this website.