We take the protection of personal data very seriously, and we always process such data in accordance with the applicable data protection laws, in particular the General Data Protection Regulation (GDPR). In this privacy statement, we would like to provide you with complete information about the type, scope and purpose of our processing of personal data as well as your rights as a data subject.
Please read this data protection information carefully before submitting a report. We want to protect you, as a whistleblower, effectively and offer you a secured communication platform for submitting reports in the form of the whistleblowing system (BMKS System). Reports can be submitted in your name or anonymously. It is possible to set up a postbox within the whistleblowing system that is secured with an individually chosen pseudonym/user name and password. This allows you to receive feedback on your report and remain anonymous even during further communication, if you so desire. This system only stores data inside the whistleblowing system, which makes it particularly secure. It is not a form of regular email communication.
Responsible parties and general information
The parties responsible for data protection in the whistleblowing system are
- KAMAX Holding GmbH & Co. KG and
- its subsidiaries
as parties with mutually autonomous responsibility (hereafter referred to collectively as: “KAMAX”). The whistleblowing system is operated by a specialised company, Business Keeper AG, Bayreuther Str. 35, 10789 Berlin in Germany, acting as processor on behalf of KAMAX.
Collection and processing of personal data
Personal data and information entered into the whistleblowing system are stored in a database operated by Business Keeper AG in a high security data centre. Only KAMAX can see the data. Business Keeper AG and other third parties do not have access to the 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 according to a system of permissions so that access is restricted to a very small selection of expressly authorised persons at KAMAX.
Incoming reports are received by a small group of explicitly authorised and specially trained employees of the compliance organisation of KAMAX. The employees of the KAMAX compliance organisation evaluate the matter and perform any further investigation 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 KAMAX or employees of other KAMAX 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 with different regulations about the protection of personal data. We will always ensure that the applicable data protection regulations are complied with when sharing reports.
All persons who receive access to the data are obligated to maintain confidentiality.
Type of collected personal data
Use of the whistleblowing system takes place on a voluntary basis. If you submit a report via the whistleblowing system, we collect the following personal data and information:
- Your name, if you choose to reveal your identity
- Whether you are an employee of KAMAX
- The names and other personal data of persons whom you list in your report, if applicable
Purpose and legal foundation of the whistleblowing system
The whistleblowing system (BKMS® Incident Reporting) serves for securely and confidentially receiving, processing and managing reports concerning violations of the compliance rules of KAMAX. The processing of personal data within the framework of the BKMS® Incident Reporting is based on the legitimate interest of our company in discovering and preventing abuses and thereby averting damage to KAMAX, its employees and customers. The legal basis for our processing of personal data is Article 6(1)(f) of the GDPR (General Data Protection Regulation).
Information about the accused
We are legally obligated to inform accused parties of any reports received against them as soon as the disclosure of this information no longer jeopardises the investigation. Your identity as a whistleblower will not be disclosed unless we are legally bound to do so.
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 company or retention is required by law. After the report processing is concluded, the data will be deleted in accordance with statutory requirements.
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 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.
Contact information and your rights
If you have any questions or suggestions concerning data protection or wish to assert your rights as a data subject, please contact our data protection officer:
KAMAX Holding GmbH & Co. KG
Data Protection Officer
Dr. Rudolf-Kellermann-Str. 2
35315 Homberg (Ohm)
Right to access and rectification
As long as no legal reasons for refusal exist, you have the right to obtain information on whether we are processing data about your person and specifically which data about you we have stored. You can also request that inaccurate data be corrected and completed.
Erasure, restriction and the right to be forgotten
You can request the erasure and restriction of your personal data. Please note that statutory archiving obligations apply, and we may not be able to perform a complete erasure in all situations. In this case, your data will be marked with the objective of restricting its future processing.
Objection to data processing
A right to object to data processing on the basis of a “legitimate interest” (Art. 6(1)(f) GDPR) generally does not exist, Art. 21(1)(2) GDPR.
Right of appeal
You also have the right to appeal to the competent supervisory authority and the right to seek legal remedy. The supervisory authority to which the appeal is submitted will inform the appellant of the status and results of the appeal, including the possibility of legal remedy.
Version: December 2020