Information on data protection
In accordance with Paragraph 13 (1) of the German Telemedia Act (TMG)
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 (GDPR) and the applicable national data protection regulations. With the outstanding encryption and permission concept, we additionally guarantee 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 legal regulations, internal company rules (code of conduct, company guidelines) or serious suspicion of such violations within the DIANA Group.
The processing of personal data within the framework of the BKMS® Compliance System takes place in accordance with Art. 6(1)(1)(f) GDPR on the basis of our company's legitimate interest in the discovery and prevention of legal violations and malpractices. 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 parties responsible for data protection with respect to the whistleblowing system are the Director of Diana Kliniken AG, Dahlenburger Str. 2a, 29549 Bad Bevensen and the Director of HERZ-KREISLAUF-KLINIK BEVENSEN AG (HGZ), Römstedter Straße 25, 29549 Bad Bevensen as well as the General Manager of Diana Krankenhausbetriebsges. mbH (DianaKlinik), Dahlenburger Str. 2a, 29549 Bad Bevensen (hereafter: the DIANA Group). The whistleblowing system is operated by a specialised company, EQS Group AG, Bayreuther Str. 35, 10789 Berlin in Germany, on behalf of the DIANA Group.
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. The decryption and viewing of the data are only possible by authorised employees of the DIANA Group. Neither EQS Group AG nor other third parties 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 so that access is restricted to a very small selection of expressly authorised persons in the DIANA Group. Each company of the DIANA Group has appointed a data protection officer. Inquiries concerning data protection can be sent to Ralph Hülswitt at the following email addresses:
- HGZ = datenschutz@hgz-bb.de
- DianaKlinik = datenschutz@diana-klinik.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 company you are employed within the DIANA Group,
- 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 received by the ombudsperson, lawyer Matthias Wallhäuser. 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 or the compliance employees of the DIANA Group. Mr Wallhäuser 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 or the compliance employees of the DIANA Group will determine and plan suitable measures for the case. Any involvement of additional employees of the DIANA Group and any external parties 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 compliance employees of the DIANA Group if the whistleblower gives their consent to the ombudsperson. 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 public authorities.
Our ombudsperson 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 did 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.
Address of the competent supervisory authority: Landesbeauftragte für den Datenschutz Niedersachsen (state representative for data protection of Lower Saxony), Prinzenstraße 5, 30159 Hannover, Germany
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 secured postbox within the whistleblowing system 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 your company ( DianaKlinik or HGZ) 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.
Note on sending attachments
When submitting a report or an addition, you can simultaneously send file attachments to the employee of your company ( DianaKlinik or HGZ) 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, citing the reference number received at the end of the reporting process.
Version: 11 June 2019