Information on data protection
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. The outstanding encryption and permission concept additionally guarantees an exceptional level of protection for the data in the whistleblowing system – including your identity. We also offer you the ability to submit your report anonymously. Please read this data protection information carefully before submitting a report.
Purpose and legal foundation of the whistleblowing system
The whistleblowing system (BKMS® Compliance System) serves the purpose of securely and confidentially receiving, processing and managing reports concerning violations of the law and misconduct by employees, contractors and clients of Niedersachsen Ports GmbH & Co. KG, Container Terminal Wilhelmshaven JadeWeserPort-Marketing GmbH & Co. KG, JadeWeserPort Realisierungs GmbH & Co. KG – hereinafter referred to as port corporations – as well as third parties.
The processing of personal data within the framework of the BKMS® Compliance System takes place in accordance with Art. 6(1)(1)(f) EU-GDPR on the basis of our companies' legitimate interest in the discovery and prevention of legal violations and misconduct. Such incidents can cause considerable damage to our financial standing and our reputation. Our legitimate interest therefore outweighs the rights of the data subjects to informational self-determination, especially due to the technical and organisational measures we implement to minimise any impairment of said self-determination and to protect confidentiality and data integrity.
Responsible authority
The party responsible for data protection in the whistleblowing system is from case to case Niedersachsen Ports GmbH & Co. KG, Hindenburgstraße 26-30, 26122 Oldenburg, Container Terminal Wilhelmshaven JadeWeserPort-Marketing GmbH & Co. KG, Pazifik 1, 26388 Wilhelmshaven, or JadeWeserPort Realisierungs GmbH & Co. KG, Pazifik 1, 26388 Wilhelmshaven in Germany.
The whistleblowing system is operated by a specialised company, EQS Group GmbH, Karlstraße 47, 80333 Munich in Germany, on behalf of the aforementioned port corporations.
Personal data and information entered into the whistleblowing system are stored in a database operated by EQS Group GmbH in a high security data centre. Only the ombudsman of the port corporations, Mr Wolfgang Lindner of Lindner-Compliance, Salzpfännerstraße 2, 31162 Bad Salzdetfurth in Germany, can decrypt and view the data. Neither EQS Group GmbH nor the port corporations 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 Mr Wolfgang Lindner.
The port corporations have appointed a data protection officer. Any inquiries about data protection at the port corporations can be directed to Mr Dominik Bleckmann, datenschutz nord GmbH, Konsul-Smidt-Str. 88, 28217 Bremen in Germany (phone: +49 421 6966 32 349, fax: +49 421 6966 3211, email: DBleckmann@datenschutz-nord.de).
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 reveal your identity,
- whether and in which department you are employed at one of the port corporations,
- other personal data that are included in your report, 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.
Confidential handling of reports
Incoming reports are handled by the person authorised by the port corporations, Mr Wolfgang Lindner. He will evaluate the matter and carry out any further investigation that may be 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 the Executive Management and the Contact for Compliance Topics of the port corporation concerned. Mr Lindner reduces all reports to a description of the situation. The identity of whistleblowers is always protected. Names are only disclosed with the consent of the whistleblower. The Executive Management and the Contact for Compliance Topics of the port corporation concerned will determine and plan suitable measures for the case. Any involvement of additional employees of the port corporations and external specialists will be limited to the extent necessary in consideration of all relevant aspects.
The identity of whistleblowers who choose to disclose their name will only be shared with the Executive Management or the Contact for Compliance Topics of the respective port corporation if the whistleblower gives their consent to our ombudsman. Any accused individuals and witnesses named by the whistleblower will be given the opportunity to speak concerning the circumstances you have described in your report wherever this is expedient. If necessary, the reported information will also be shared with the public authorities.
Our ombudsman will keep the whistleblower updated about the progress of the investigation within the scope of the relevant legal regulations.
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.
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. If you do not submit your report anonymously, your identity as a whistleblower will not be disclosed unless this is required by law.
Rights of the data subject
Pursuant to European data protection legislation, you and the persons named in the report (the data subjects) have a right of access, rectification, erasure, restriction of processing and 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. In this case, further processing will only take place if we can demonstrate compelling legitimate grounds that override your interests, rights and freedoms. Data that are no longer needed will be deleted at once. You also have the right to appeal with the supervisory authority:
- Barbara Thiel
- Commissioner for Data Protection of Lower Saxony
- Prinzenstraße 5
- 30159 Hanover
- Germany
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- Phone: +49 511 120 4500
- Fax: +49 511 120 4599
- E-mail: poststelle@lfd.niedersachsen.de
Retention period of personal data
Personal data is 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.
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® Compliance System, 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 ombudsman of the port corporations, Mr Wolfgang Lindner, 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.
Note on sending attachments
When submitting a report or an addition, you can simultaneously send attachments to the ombudsman of the port corporations, Mr Wolfgang Lindner. If you wish to remain anonymous, please take note of the following security advice: files may 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, citing the reference number received at the end of the reporting process.