Privacy policy
We take data protection and confidentiality very seriously and adhere to the provisions of the EU General Data Protection Regulation (GDPR) as well as current national data protection regulations. Please read this data protection information carefully before submitting a report.
Controller
The party responsible for data protection in the whistleblowing system is
- NOVENTI Health SE
Berg-am-Laim-Str. 105, 81673 Munich
Management Board: Frank Steimel, Mark Böhm and - NOVENTI Group companies
as controller (hereafter also: “NOVENTI”). The whistleblowing system is operated by a specialised company, EQS Group AG, Bayreuther Str. 35, 10789 Berlin in Germany, on behalf of NOVENTI.
Personal data and information entered into the whistleblowing system are stored in a database operated by EQS Group AG in a high-security data centre. Only NOVENTI employees can see the data. EQS Group 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 NOVENTI.
NOVENTI has appointed a data protection officer. You can contact our Data Protection Officer as follows:
Data protection officer
NOVENTI Health SE
Berg-am-Laim-Str. 105, 81673 Munich
Email: datenschutz@noventi.de
Purpose and legal foundation of the whistleblowing system
The whistleblowing system (BKMS® System) serves to receive and process reports concerning (suspected) violations of the law in order to be able to counteract the negative consequences of such malpractice.
We process your personal data in particular in accordance with the General Data Protection Regulation (GDPR), the German Data Protection Act (BDSG) and all other more specific legal provisions.
Data processing based on your consent (Art. 6 para. 1 lit. a) GDPR, Section 26 para. 2 BDSG)
If you gave consent to the processing of your (identity) data when you submitted your report, then this consent serves as the legal basis for the processing of this data.
You may withdraw your consent to the storage of your personal data and its use for the investigation of the matter at any time. Please note that you can only withdraw your consent within one month after the receipt of the report, if NOVENTI is obligated to inform the accused person within one month in accordance with Art. 14 para. 3 lit. a) GDPR. In the event that your report results in the engagement of investigating authorities, a shorter withdrawal period shall apply.
Statutory obligation of the controller according to Art. 6 para. 1 lit. c) GDPR
If processing is required for compliance with a legal obligation under EU or German law to which we are subject, the latter legitimises the processing.
NOVENTI is subject to the following legal obligations:
- Section 25a para. 1 p. 6 no. 3 German Banking Act (KWG): Obligation to establish an internal company whistleblowing protection system
- Directive (EU) 2016/943 (Protection of trade secrets)
- Art. 61 Directive (EU) 2018/843 (5th Anti-Money Laundering Directive)
- Directive (EU) 2019/1937 (Protection of whistleblowers)
Data processing in the context of employment (Section 26 para. 1 BDSG)
If a received report concerns an employee of NOVENTI and if the processing is required to uncover criminal acts in connection with the employment relationship, the processing is permitted in accordance with Art. 88 GDPR in connection with Section 26 para. 1 p. 2 BDSG.
If there is a company agreement regarding the processing within the framework of the whistleblowing system, the processing is permitted in accordance with Section 26 para. 4 p. 1 BDSG.
Based on the legitimate interest of the party responsible (Art. 6 para. 1 lit. f) GDPR)
In certain cases, the processing of your data is permitted for the protection of our or a third party’s legitimate interest.
Legitimate interests include the following cases:
- Resolving and avoiding fraud and malpractice with regard to accounting, internal accounting audits, auditing crimes
- Resolving and avoiding corruption, banking and financial crime or insider trading
- Guaranteeing financial security
- Resolving and avoiding behaviour that violates fundamental rights, fundamental freedoms, regulations under the General Equal Treatment Act (AGG), environmental concerns
Type of the 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 employed at NOVENTI
- 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 authorised and specially trained employees of the compliance organisation of NOVENTI and are always handled confidentially. The employees of the NOVENTI 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 NOVENTI or employees of other group companies, e. g. if the reports refer to incidents in the NOVENTI Group. 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.
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.
Rights of the data subjects
Every data subject has the right to access as per Art. 15 GDPR, the right to rectification as per Art. 16 GDPR, the right to erasure as per Art. 17 GDPR, the right to restriction of processing as per Art. 18 GDPR, the right to object as per Art. 21 GDPR and the right to data portability as per Art. 20 GDPR. Furthermore, they have a right of appeal to the data protection authority (Art. 77 GDPR in connection with Section 19 BDSG). The restrictions under Sections 34 and 35 BDSG apply for the right of access and the right of erasure.
Please note that if you are accused of malpractice, your right of access under Art. 15 of the GDPR may contradict the whistleblower’s right to submit a report anonymously. Our obligation to provide access is not applicable under Art. 23 para. 1 lit. d) and lit. i) GDPR in connection with Section 29 para. 1 p. 2 BDSG if the provision would disclose information that must be kept confidential due to overriding legitimate interests of third parties.
Retention period of personal data
We store your personal data for as long as necessary to carry out the investigation. The data will be deleted within 2 months of the completion of the investigation, unless the data is required to implement further steps (e.g. initiation of criminal proceedings).
If you have given your consent, we store your data until the declaration of consent is withdrawn. As proof of consent, this is stored with the data contained therein for three more years and subsequently deleted. Retention is based on our legitimate interest in proving that you have consented and that we have, therefore, acted in accordance with the law (Art. 6 para. 1 p. 1 lit. f) GDPR).
For specific reasons, we may store your data for a longer period of time for the duration required to review any necessary further legal steps such as disciplinary proceedings or the initiation of criminal proceedings.
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 “session cookie”). This cookie is only valid until the end of your session and expires when you close your browser.
The legal basis for the processing of your IP address for the operation of the BKMS whistleblowing system is Art. 6 para. 1 p. 1 lit. f) GDPR. We have a legitimate interest in processing your data so that we can make the whistleblowing system available to you technically.
It is possible to set up a secured postbox within the whistleblowing system by individually choosing a pseudonym/ user name and password. This allows you to send reports to the respectively responsible NOVENTI employee either by name or in an anonymous, safe way. 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 NOVENTI 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.
Version: December 2022