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.
Purpose and legal foundation of the whistleblowing system
The whistleblowing system (BKMS® System) serves for securely and confidentially receiving, processing and managing reports concerning violations of criminal regulations or applicable law related to the company. The processing of personal data within the framework of BKMS® System is based on the legitimate interest of Bundesrechenzentrum GmbH in discovering and preventing abuses and thereby averting damage to Bundesrechenzentrum GmbH. The legal foundation for this processing of personal data is Article 6(1)(f) GDPR.
Reports within the meaning of the Austrian Whistleblower Protection Act (HinweisgeberInnenschutzgesetz-HSchG) adopted in implementation of the Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons reporting violations of EU law (EU Whistleblowing Directive) can also be submitted via the whistleblowing system (BKMS® System). The legal basis for this processing of personal data is Article 6(1)(c) GDPR in conjunction with §8 of the Austrian Whistleblowing Protection Act (HSchG).
Controller
The party responsible for data protection in the whistleblowing system is Bundesrechenzentrum GmbH.
The whistleblowing system is operated by a specialised company, EQS Group GmbH, Siebensterngasse 31/8, 1070 Vienna, Austria, on behalf of Bundesrechenzentrum GmbH.
Personal data and information entered into the whistleblowing system are stored in a database operated by the processor in a high-security data centre. Only Bundesrechenzentrum GmbH has access to the data. The processor 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 authorised persons at Bundesrechenzentrum GmbH.
Bundesrechenzentrum GmbH has appointed a data protection officer. Inquiries regarding data protection can be sent to datenschutz@brz.gv.at.
Type of personal data collected
Use of the whistleblowing system is voluntary. 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 Bundesrechenzentrum GmbH (if stated)
- The names and other personal data (such as potentially criminally relevant information) 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 legal department at Bundesrechenzentrum GmbH and are always handled in confidence. The employees of the legal department of Bundesrechenzentrum GmbH 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 other employees of Bundesrechenzentrum GmbH employees. 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 a right of access, rectification, erasure and restriction of processing and a right to object to the processing of your personal data. If the right to object to the processing of the personal data is exercised, the necessity of the stored data for the examination of a report will be evaluated immediately. Data that are no longer needed will be deleted without undue delay. You also have the right to appeal with the Austrian data protection authority.
Austrian Data Protection Authority:
Barichgasse 40-42
1030 Vienna
Telephone: +43 (0) 52 152 – 0
Email: dsb@dsb.gv.at
Retention period for 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 Bundesrechenzentrum GmbH or retention is required by law. After the report processing is concluded, the data will be erased in accordance with statutory requirements.
Using the whistleblowing system
Communication between your computer and the whistleblowing system takes place over an encrypted connection (SSL). Your computer 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.
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 send reports to the responsible employee in the legal department of Bundesrechenzentrum GmbH in a safe way either by name or anonymously. This system only stores data inside the whistleblowing system, which makes it particularly secure. It is not a form of regular e-mail communication.
Note on sending attachments
When submitting a report or an addition, you can simultaneously send attachments. 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, citing the reference number received at the end of the reporting process.
Version: June 2023