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 information on data protection law carefully before submitting a report. We guarantee to keep your identity and the reported violation completely confidential.
Purpose and legal basis of the whistleblowing system
The whistleblowing system (KURZ Incident Reporting) is used to receive, process and manage reports concerning violations of the compliance requirements of LEONHARD KURZ Stiftung & Co. KG and its group companies in a secure and confidential manner. The processing of personal data within the framework of KURZ Incident Reporting is based on statutory obligations under the German Whistleblower Protection Act (Hinweisgeberschutzgesetz, HinSchG) and is used to discover, eliminate and prevent irregularities, thereby averting damage which may arise for LEONHARD KURZ Stiftung & Co. KG and its group companies, its employees and customers. The legal basis for the processing of personal data is Article 6(1)(c) of the GDPR, in conjunction with Section 10 of the German Whistleblower Protection Act (HinSchG). Personal data will be processed exclusively for the purpose of investigating and processing the whistleblower’s report.
Controller
The controller responsible for data protection in the whistleblowing system is
- LEONHARD KURZ Stiftung & Co. KG and
- its subsidiaries
as parties with mutually autonomous responsibility (hereafter also: ‘KURZ’). The whistleblowing system is operated by a specialised company, EQS Group GmbH, Bayreuther Str. 35, 10789 Berlin, Germany, on behalf of KURZ. A data processing agreement has been concluded with EQS Group GmbH, Bayreuther Str. 35, 10789 Berlin, in accordance with Article 28 of the GDPR.
Personal data and information entered into the whistleblowing system is stored in a database operated by EQS Group GmbH in a high-security data centre. Only KURZ employees can see the data. EQS Group GmbH 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 and are subject to a system of permissions so that access is restricted to a very small selection of expressly authorized persons at KURZ.
Where we are legally obliged to do so, data will be transmitted to external bodies, such as the authorities or the public prosecution service (exceptions to this are stated in Section 9 of the German Whistleblower Protection Act, HinSchG).
KURZ has appointed a data protection officer. Enquiries regarding data protection at MKM Datenschutz GmbH can be sent to DSB@Kurz.de.
Type of personal data collected
Use of the whistleblowing system is voluntary. We collect the following personal data and information when you submit a report using the whistleblowing system:
- your name, if you choose to reveal your identity,
- whether you are employed at KURZ, and
- 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 at KURZ and are always handled confidentially. The employees of the KURZ compliance organisation evaluate the case 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 KURZ or employees of other group companies, e.g. if the reports refer to incidents in subsidiaries. These subsidiaries may have their registered offices in countries outside the European Union or the European Economic Area with different regulations concerning the protection of personal data. We 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 obliged 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
Pursuant to European data protection legislation, you and the persons named in the report have the right of access, rectification, deletion and restriction of processing, the right to data portability and the right to object to the processing of your personal data. However, the right to information about stored data under the German Whistleblower Protection Act (HinSchG) only applies where such disclosure would not reveal any information which must be kept confidential as a result of the legitimate prevailing interests of a third party. If the right to object to the processing of your personal data is exercised, the necessity of the stored data for the examination of a report will be evaluated immediately. Data that is no longer needed will be deleted immediately.
You also have the right to file a complaint with the supervisory authority.
The competent authority for LEONHARD KURZ Stiftung & Co KG is:
Bayerisches Landesamt für Datenschutzaufsicht (BayLDA)
Promenade 18
91522 Ansbach
Tel.: +49 (0) 981 180093-0
E-mail: poststelle@lda.bayern.de
Retention period for personal data
Personal data are retained for as long as necessary to clarify the situation and perform a final assessment. In accordance with Section 11 (5)(1) of the German Whistleblower Protection Act (HinSchG), documentation will be deleted three years after the reporting procedure is completed. To meet the requirements of the German Whistleblower Protection Act (HinSchG) and other statutory provisions, data may be stored for longer if required and commensurate.
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 KURZ Incident Reporting, 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.
It is possible to set up a secured postbox within the whistleblowing system with an individually chosen pseudonym/user name and password. This allows you to send reports to the responsible KURZ employee either by name or in an anonymous and secure 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 KURZ employee. If you wish to submit an anonymous report, please note 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 such 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 using the reference number received at the end of the reporting process.
Version: 01/01/2024
