Privacy policy
We take data protection and confidentiality very seriously and adhere to the current national data protection regulations as well as the GDPR. Please read this data protection information carefully before submitting a report.
Purpose and legal basis of the whistleblowing system
The whistleblowing system BKMS® System is used to securely and confidentially receive, process and manage reports concerning violations. We are required by law to provide a secure whistleblowing system in accordance with the European Union Whistleblower Directive, (EU) 2019 / 1937. The basis for the collection of data in BKMS® System is therefore the fulfilment of a legal obligation (Art. 6(I)(c) GDPR).
We have made BKMS® System available to all employees, customers, business partners and other persons. A wide range of reports categories can be selected. These reports are not necessarily covered by the EU whistleblower directive or local implementing laws.
The processing of personal data from such reports is based on the justified interest of our company in discovering and preventing abuses and thereby averting damage to the AGRANA Group, its employees and customers. The legal foundation for this processing of personal data is Article 6(I)(f) GDPR.
We handle every report strictly confidentially, and we do not tolerate any reprisals against whistleblowers. However, knowingly submitting false information or submitting reports that contain unfounded accusations or allegations is prohibited.
About the whistleblowing system
In Germany, the whistleblowing system is operated by EQS Group AG on behalf of AGRANA Beteiligungs-AG and its subsidiaries.
Personal data and information entered into the whistleblowing system are stored in a database of a high security data centre operated by EQS Group AG, Bayreuther Straße 35, 10789, Berlin. EQS Group AG and other third parties do not have access to the data.
All data are stored encrypted with multiple levels of password protection so that access is restricted to a very small selection of expressly authorised persons at AGRANA.
Use of the whistleblowing system is voluntary. Please note that we can only receive and examine reports if you confirm that you have read and understood this information about data protection and acknowledged the manner of processing of all personal data entered by you in accordance with the present data protection information.
Responsible parties
The parties responsible for data protection in the whistleblowing system are
- AGRANA Beteiligungs-AG and
- its subsidiaries
as parties with mutually autonomous responsibility (hereafter also: “AGRANA”).
Inquiries regarding data protection at AGRANA can be sent to dataprotection@agrana.com.
Type of collected personal data
Use of the whistleblowing system is voluntary. We collect the following personal data and information when you submit a report using the whistleblowing system:
- your name, if you choose to reveal your identity,
- whether you are employed at AGRANA, and
- the names and other personal data of persons whom you list in your report, if applicable.
Confidential handling of reports
Incoming reports are received by a small selection of expressly authorized and specially trained employees of the Compliance organisation and Internal Audit department of AGRANA and are always handled confidentially. The employees of the Compliance Office and Internal Audit department of AGRANA evaluate the matter and carry out any further investigation that may be required by the specific case.
While processing a report or conducting a special investigation, it may be necessary to share reports with additional employees of AGRANA or employees of other group companies, e.g. if the reports refer to incidents in subsidiaries. The latter may be based in countries outside the European Union or the European Economic Area, which may have different regulations about the protection of personal data. We always ensure compliance with the applicable data protection regulations when sharing reports.
All persons who receive access to the data are obligated to maintain confidentiality.
Rights of the data subjects
Pursuant to European data protection legislation, you and the persons named in the report have a right of access, rectification, erasure, data portability, restriction of processing and right of objection to processing of your personal data. If the right to object to the processing of the personal data is invoked, the necessity of the stored data for the examination of a report will be evaluated immediately. Data that are no longer needed will be erased without undue delay. You also have the right to lodge a complaint with the supervisory authority https://edpb.europa.eu/about-edpb/about-edpb/members_en#member-at.
Retention period for personal data
Personal data are retained for as long as necessary to clarify the situation and perform a concluding evaluation or for as long as a justified interest exists on the part of the company or retention is required by law. After the report processing is concluded, the personal data are deleted in accordance with statutory requirements.
Use of the whistleblowing system
Communication between your computer and the whistleblowing system takes place over an encrypted connection (SSL). Your IP address will not be stored during your use of the whistleblowing system. In order to maintain the connection between your computer and BKMS® System, a cookie is stored on your computer that merely contains the session ID (a so-called session cookie). This cookie is only valid until the end of your session and expires when you close your browser.
You can set up a secured postbox within the whistleblowing system that is secured with an individually chosen pseudonym / user name and password. This system only stores data inside the whistleblowing system, which makes it particularly secure. It is not a form of regular email communication.
Note on sending attachments
When submitting a report or an addition, you can simultaneously send attachments to the responsible AGRANA employee. If you wish to submit an anonymous report, please take note of the following security advice: Files may contain hidden personal data that could jeopardise your anonymity. Please remove all such information before sending a file. If you are unable to remove this data or are uncertain about how to do so, copy the text of your attachment into your report text or send the printed document anonymously to the address listed in the footer, citing the reference number received at the end of the reporting process.
Principles of data protection
Restricted use
The AGRANA Group may only use personal data for the purposes for which they were originally collected or for which the person concerned has subsequently given his or her consent. The AGRANA Group must further take measures to ensure that personal data are used exclusively for the specified purpose and are correct, complete and up-to-date.
Information about the accused
Upon request, AGRANA must provide the persons concerned with the option to access the personal data that are stored about them. In addition, the persons must be given the opportunity to correct, change or delete data that are incorrect. Your identity, i.e. that of the whistleblower, will not be disclosed. Furthermore, these rights can only be utilised if this does not endanger measures to clarify the situation.
Access, rectification, erasure, data portability and restriction
The whistleblower and the persons named in the report have the right to access, rectification, erasure, data portability and restriction of personal data and can revoke the storage of their personal data at any time without giving reasons. In this case, the necessity of the stored data for the examination of a report will be evaluated immediately. Data that are no longer needed will be erased without undue delay.
Data storage
AGRANA stores reports for as long as this is necessary to carry out follow-up measures, if a justifiable interest exists or if storage of the data is required by law. Reports are subsequently deleted or anonymised, i.e. any links to your identity as a whistleblower and to persons named in the report will be removed permanently and irreversibly.