During the use of BKMS® Incident Reporting, a text file (called a \"session cookie\") is saved on your computer containing only the number of your session. This is necessary for technical reasons in order to establish the connection to a security-certified server. The \"session cookie\" does no damage to your computer, it does not access your data and has no relation to the contents of your report. If you close all browser windows after submitting your report, the \"session cookie\" will expire and be automatically deleted.
The FS-PP BKMS® Incident Reporting ensures confidentiality at the highest technical level
For the Schwan-STABILO group, compliance means more than just following the law. Every action must consistently adhere to the company's internal policies, the code of conduct as well as the ethical principles of this family company. Reports are accepted that refer to business crimes, serious administrative offences, violations of labour law obligations and other serious violations of laws and rules in connection with Schwan-STABILO.
The FS-PP BKMS® Incident Reporting offers an especially secure channel for contacting the ombudspersons of the Schwan-STABILO group. The system makes it impossible to trace the origin of reports. In other words, whistleblowers can remain anonymous.
You can set up a postbox in the system which will allow you to correspond confidentially with the ombudspersons of the Schwan-STABILO group and even learn what has happened with your report.
However, please consider first whether it would be better to first submit an internal report to the Compliance Officer. If you have reservations about taking this route, the ombudspersons appointed by the group are the right people to contact, either directly or using the FS-PP BKMS® Incident Reporting.
What is the process for submitting a report? How do I set up a postbox?
To submit an anonymous or personalized report, start by clicking the “Submit Report“ button located on the top left side of our introduction page.
There are 4 steps to the report process:
First, you will be asked to read some information on the protection of your anonymity and to respond to a security query.
On the following page, you will be asked about the category of your report.
On the report page, you can elaborate on your report in your own words and answer questions about the incident by simply selecting responses. You can type up to 5,000 characters into the free text field, which corresponds to a full A4 page. You may also submit a file of up to 5 MB to support your report. Please do bear in mind that documents can contain information about the author. Following the sending of your report, you will receive a reference number as confirmation that you have forwarded this report.
Please subsequently set up your own secured postbox. You will receive feedback from us via this postbox, including answers to questions and information about the progress of your report.
If you already have a secured postbox, you can access it directly via the ”Login“ button. First, you will have to answer a security query.
As long as you do not enter any data from which conclusions about your person can be drawn, the BKMS® Incident Reporting will protect your anonymity technically.
How do I receive feedback and remain anonymous at the same time?
The overriding principle of the BKMS® procedure in use is the protection of the whistleblower. The system's anonymity protection function is certified by an independent body.
When setting up your secured postbox, please select your own pseudonym/ user name and password. Your report is kept anonymous through encryption and other special security routines. You will never be asked for personal information at any time during the reporting process. Do not submit any information that can be traced back to you. Please do not use a computer that has been provided by your employer to submit your report.
Via the secured postbox, an examiner will provide you with feedback on what is happening with your information or pose questions if details still need to be clarified - you will also remain anonymous during the dialogue.
In the next step, you decide whether lawyer Dr Rainer Frank or lawyer Dr Niklas Auffermann or lawyer Dr Leonie Lo Re should receive and examine your report. The ombudsman/ trust attorney appointed by you will check your report for relevance and suspicion and, if necessary, ask you questions via the postbox you have set up, before forwarding your report with a legal assessment and recommendation for action to the respective contact person at the client. Your report is passed on without providing information regarding your identity. The actual case management is then done there.
FS-PP Berlin Dr. Frank Dr. Auffermann Partnerschaft mbB Potsdamer Platz 8 10117 Berlin
FS-PP Berlin - Dr. Frank Dr. Auffermann - Partnerschaft mbB is a partnership company with limited professional liability in accordance with the Partnership Company Act, registered in the Partnership Register of the Local Court Charlottenburg in Berlin under PR 994 B.
Partners of the Partnerschaftsgesellschaft with limited professional liability (mbB) are the lawyers Dr iur. Rainer Frank, Dr iur. Niklas Auffermann. They represent the company.
Dr iur is responsible for the contents of www.fs-pp.de and www.fachanwaelte-strafrecht-potsdamer-platz.de. Rainer Frank, to the extent that no other editorially responsible person is designated on individual sides.
Competent supervisory authority
The attorneys of Partnerschaftsgesellschaft mbB are admitted as attorneys in Germany. They are members of the Berlin Bar Association (Rechtsanwaltskammer Berlin), which is responsible for them as the supervisory authority:
Rechtsanwaltskammer Berlin Littenstraße 9 in 10179 Berlin Tel. 030/306931-0 www.rak-berlin.de
Out-of-court settlement of disputes
Pursuant to § 36 (1) no. 2 VSBG (Consumer Dispute Participation Act), we would like to point out that the arbitration board of the legal profession is responsible for property disputes arising from the mandate relationship:
Schlichtungsstelle der Rechtsanwaltschaft bei der Bundesrechtsanwaltskammer Neue Grünstraße 17/18 10179 Berlin Tel. 030/2844417-0 Fax 030/2844417-12 http://www.s-d-r.org/
In principle, all partners and salaried lawyers are not prepared to participate in dispute resolution proceedings at the conciliation body of the legal profession.
In accordance with Art. 14 Par. 1 EU Regulation 524/13 (ODR Regulation), we also refer to online dispute resolution in accordance with EU law: The link to the EU Online Dispute Settlement Platform is http://ec.europa.eu/consumers/odr/
The following professional regulations apply to lawyers:
Federal Lawyers' Act (BRAO) Lawyers' Fees Act (RVG) Professional code of conduct for lawyers (BORA) Specialist lawyer regulation (FAO) Professional Rules for Lawyers in the European Union (CCBE) Act on the Activities of European Lawyers in Germany (EuRAG)
Further information and legal texts can be found on the homepage of the Federal Chamber of Lawyers under the heading “Berufsrecht” (Professional Law) in German and English at www.brak.de/fuer-anwaelte/berufsrecht
Professional liability insurance
Financial loss liability insurance of the Partnerschaftsgesellschaft mbB (with limited professional liability) and its lawyers: HDI Versicherung AG, HDI-Platz 1, 30659 Hanover. Territorial validity: 1. Germany; 2. European countries: The insurance covers liability claims arising from activities a) in connection with consulting and employment with European law, b) of the lawyer before European courts; 3. worldwide in the amount of the legally-prescribed minimum sum insured for liability claims arising from the use of the policyholder before non-European courts.
VAT identification number
Data Privacy Notice
The protection of your data and the confidentiality of your identity are very important to us. Naturally, we process your personal data exclusively in accordance with the EU General Data Protection Regulation (EU-GDPR) and the applicable national data protection regulations. In addition, the BKMS® Incident Reporting developed by Business Keeper GmbH with its outstanding encryption and permission concept guarantees an exceptional level of protection for the data in the whistleblowing system – including your identity. The BKMS® Incident Reporting also offers you the ability to submit your report anonymously. Please read this data protection information carefully before submitting a report.
Version: February 2019
The party responsible for data protection in the whistleblowing system is:
Dr. Frank Dr. Auffermann
Partnerschaft von Rechtsanwälten mbB
Potsdamer Platz 8
10117 Berlin, Germany
Phone +49 (0)30/31 86 85-3
Fax +49 (0)30/31 86 85-55
(hereafter also: “FS-PP”).
In case of questions and suggestions, please contact our data protection officer:
Dr. Frank Dr. Auffermann
Partnerschaft von Rechtsanwälten mbB
Attn.: Data protection officer
Potsdamer Platz 8
10117 Berlin, Germany
Phone +49 (0)30/31 86 85-3
Fax +49 (0)30/31 86 85-55
Before contacting us, please examine the current version of the privacy statement of FS-PP at https://fachanwaelte-strafrecht-potsdamer-platz.de/de/datenschutz.
The whistleblowing system is operated by a specialised company, Business Keeper GmbH, Bayreuther Str. 35, 10789 Berlin, Germany, as a data processor in accordance with Art. 28 GDPR.
Personal data and information that you enter into the whistleblowing system are stored in a database of a high security data centre operated by Business Keeper GmbH. The decryption and viewing of the data are only possible by FS-PP. Neither Business Keeper GmbH nor other third parties have access to interpretable data. This is ensured in the certified procedure through extensive technical and organisational measures. 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 FS-PP. These are the attorneys appointed as ombudspersons: Dr Rainer Frank and/ or Dr Niklas Auffermann and/ or Dr. Leonie v. Holtzendorff.
Definition of terms
Whistleblower: The person who submits a report via the whistleblowing system.
Data subject: A person whose identity is included in the content of a report.
Principal: The company or institution that has commissioned FS-PP to provide the ombudsperson/ trusted attorney within the framework of its compliance management system.
Purpose and legal foundation of the whistleblowing system
The whistleblowing system (BKMS® Incident Reporting) serves for securely and confidentially receiving, processing and managing reports of violations of laws and internal rules within the organisation of the principal as well as outside of the organisation of the principal with consequences for the principal.
The processing of personal data within the framework of the BKMS® Incident Reporting takes place in accordance with Art. 6(1)(1)(a) EU-GDPR with your consent by means of the voluntary submission of reports via the whistleblowing system and in accordance with Art. 6(1)(1)(f) EU-GDPR on the basis of our legitimate interest in the fulfilment of the contract as ombudsperson with the respective principal for the discovery and prevention of legal violations and malpractices.
Use of the whistleblowing portal
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 the BKMS® Incident Reporting, a cookie is stored on your computer that contains only 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 postbox within the whistleblowing system that is secured with an individually chosen pseudonym/ user name and password. This allows you to send additional information to or answer the questions of the employee of FS-PP responsible for processing your report either using your name or anonymously. All data sent via the postbox are encrypted and stored exclusively in the whistleblowing system, ensuring that the data receive special protection superior to that of typical email communication.
Type of personal data collected
Use of the whistleblowing system takes place on a voluntary basis. When you submit a report via the whistleblowing system, we initially collect only the personal data that you provide. These data generally consist of:
your name, if you choose to voluntarily reveal your identity,
whether and in which department you are employed at your organisation,
other personal data that are included in your report or the provided attachments, and
the names and other personal data of persons whom you list in your report, if applicable.
In the event that additional personal data are collected within the course of the investigation following from your report, these data may also be processed via the whistleblowing system.
Please note: If you do not provide your name and the content of your report and/ or the provided attachments do not provide any basis for directly or indirectly determining your identity, then the data in question do not constitute personal data as defined by Art. 4(1) EU-GDPR. In the case of an anonymous report, please also take note of the information about sending attachments at the end of this document.
Confidential handling of reports
Incoming reports are received by a small selection of expressly authorised and specially trained employees of the compliance organisation of FS-PP and always handled confidentially. The employees of the FS-PP compliance organisation evaluate the matter and perform any further investigation required by the specific case.
During the processing of a report or the conducting of a special investigation, it may become necessary to forward reports to additional employees of FS-PP. All persons who receive access to the data are obligated to maintain confidentiality.
The ombudsperson forwards a report to the appointed office of the principal only if and when the report submitter has granted consent for this. At the request of the report submitter, this can take place anonymously.
The identity of the report submitter will not be provided to the principal unless the report submitter has expressly given consent to the ombudsperson or there exists a strong suspicion that the report submitter has made intentional false accusations against the subject of the report.
Information about the accused
Information and notification obligations pursuant to data protection law with respect to the data subjects, with the exception of whistleblowers whose identity is not known to the principal, shall be fulfilled exclusively by the principal. Even if you have not submitted your report anonymously, your identity as a whistleblower will not be disclosed.
Rights of the data subject
Pursuant to European data protection legislation, you and the persons named in the report have the rights listed below as data subjects:
Right to object
If the processing takes for the performance of a task carried out in the public interest (Art. 6(1)(1)(e) GDPR) or based on a legitimate interest (Art. 6(1)(1)(f) GDPR), you have the right according to Art. 21 GDPR to object, on grounds relating to your particular situation, at any time to the processing of your personal data.
If you would like to make use of your right to object, it is sufficient to send an email to firstname.lastname@example.org. Before contacting us, please examine the current version of the privacy statement of FS-PP at https://fachanwaelte-strafrecht-potsdamer-platz.de/de/datenschutz.
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. In this case, further processing will only take place if we can demonstrate compelling legitimate grounds that override your interests, rights and freedoms.
according to Art. 7(3) GDPR the right to withdraw at any time your granted consent for processing of your data. This has the consequence that, as of the time of the withdrawal, the data processing based on the withdrawn consent may no longer be continued. To do this, it is sufficient to send an email to email@example.com. Before contacting us, please examine the current version of the privacy statement of FS-PP at https://fachanwaelte-strafrecht-potsdamer-platz.de/de/datenschutz.
according to Art. 15 GDPR the right of access to your personal data processed by us.
according to Art. 16 GDPR the right to immediate rectification of inaccurate or incomplete data concerning you.
according to Art. 17 GDPR the right to erasure of your personal data.
according to Art. 18 GDPR the right to restriction of processing of your personal data.
according to Art. 20 GDPR the right to data portability. You thereby have the right to receive the personal data concerning you in a structured, commonly used and machine-readable format or to request transmission of the personal data to another controller by us.
According to Art. 77 GDPR, you have the right to lodge a complaint under data protection law with a supervisory authority, in particular in the Member State of your residence, place of work or place of the alleged infringement; for example, the
Berliner Beauftragte für Datenschutz und Informationsfreiheit
10969 Berlin, Germany
Phone: +49 (0)30/138 89-0
Fax: +49 (0)30/215 50 50
An overview of the supervisory authorities can be found here: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html
Retention period of personal data
Personal data are retained for as long as necessary to clarify the situation and perform a final assessment or for as long as a legitimate interest exists on the part of the respective principal or retention is required by law. After the report processing is concluded, the data are deleted in accordance with the statutory requirements. According to the legal retention periods according to § 50 BRAO no erasure will take place before the elapsing of six years from the end of the year in which the processing of the case by the ombudsperson ends. Personal data must be erased no later than after the elapsing of ten years after conclusion of the investigation. In place of erasure, a restriction will be placed on the personal data insofar as the data subject requires the personal data for the establishment, exercising or defence of legal claims.
Note on sending attachments
When submitting a report or an addition, you can simultaneously send file attachments to the employee of FS-PP responsible for the processing of your report. If you wish to remain anonymous, please take note of the following security advice: files can contain hidden personal data that could put your anonymity at risk. Remove this data before sending. 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 of the BKMS® Incident Reporting, citing the reference number received at the end of the reporting process.