Data protection information
Protection of your personal data is very important to us. In this data protection information, we inform you of the most important aspects of the processing of your personal data within the framework of a whistleblowing report or an inquiry.
Please read this data protection information carefully.
Whistleblowing system
Reports are submitted via the whistleblowing system available on the website of HYPO Oberösterreich. However, reports can be submitted via various channels (email, telephone, etc.). All reports are entered, processed and coordinated in a central whistleblowing system, telephone conversations are not recorded. The whistleblowing system (BKMS® System) is operated by a specialised company, EQS Group GmbH, Karlsstraße 47, 80333 Munich, Germany, on behalf of HYPO Oberösterreich and OÖ Hypo Leasinggesellschaft m.b.H.
The whistleblowing system also offers the option of submitting compliance inquiries. The information given below also applies to this option.
Purpose and legal foundation of the whistleblowing system
The purpose of a whistleblowing system is to receive, process and manage reports of violations against statutory provisions and compliance rules in a secure and confidential way. The processing of personal data within the framework of the whistleblowing system is based on the legal obligation of Oberösterreichische Landesbank Aktiengesellschaft and OÖ Hypo Leasinggesellschaft m.b.H. to establish a whistleblowing system. A whistleblowing system serves for the discovery and prevention of malpractice and the prevention of harm to owners, employees and customers.
The legal basis for our processing of personal data is Article 6(1)(c) of the GDPR (General Data Protection Regulation) and in the context of compliance inquiries Article 6(1)(a) or (f) of the GDPR.
Responsible parties
The parties responsible for data protection in the whistleblowing system are
Oberösterreichische Landesbank Aktiengesellschaft (HYPO Oberösterreich) FN 157656y
Landstrasse 38, 4010 Linz, Austria
and
OÖ Hypo Leasinggesellschaft m.b.H. FN 580853x
Landstrasse 38, 4010 Linz, Austria
as responsible parties/controllers (hereafter also: ‘responsible party’).
Access to data and information
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. 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 is stored in an encrypted manner 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 HYPO Oberösterreich.
Data protection officer
The responsible parties have jointly appointed a data protection officer.
Inquiries concerning data protection can be sent to:
HYPO Oberösterreich
Data Protection Officer / Confidential
Landstrasse 38
4010 Linz, Austria
or to
datenschutz@hypo-ooe.at
Type of collected personal data – collection of data about the data subject, Art. 13 GDPR
Use of the whistleblowing system takes place on a voluntary basis. When a report is submitted, the following personal data and information about the whistleblower is collected:
- Name, if the whistleblower shares their identity
- Email address or postal address, if shared
- Relationship between the whistleblower and the responsible parties (employee, former employee, customer, supplier, service provider, other)
- Other personal data about the whistleblower that is mentioned in the report or disclosed by attached documents
- Sensitive data in accordance with Article 9 GDPR and data on criminal convictions and offenses in accordance with Article 10 GDPR are only processed if this is necessary.
Type of collected personal data – collection of data not about the data subject, Art. 14 GDPR
When a whistleblower submits a report, personal data and information concerning persons involved in the incident can be collected along with the personal data of the whistleblower:
- Name
- Other personal data about the person that is mentioned in the report or disclosed by attached documents
- other personal data of persons affected by follow-up measures.
- Sensitive data in accordance with Article 9 GDPR and data on criminal convictions and offenses in accordance with Article 10 GDPR are only processed if this is necessary.
Confidential handling of reports
The authorised employees of HYPO Oberösterreich 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 additional employees of HYPO Oberösterreich or OÖ Hypo Leasinggesellschaft m.b.H.
All persons who receive access to the data are obligated to maintain confidentiality.
Disclosure of the identity
Without the express consent of the whistleblower, the identity of the whistleblower will not be disclosed to anyone other than the authorised employees of HYPO Oberösterreich. In deviation from this, disclosure will take place if this is a necessary and proportionate obligation according to Union law or national law. Such disclosure serves, for example, for investigation of the incident by authorities and courts. The whistleblower will be informed in advance of the planned disclosure, unless this would endanger the ongoing investigation.
This also applies to persons affected by the notice.
Rights of the data subjects
Whistleblowers and the persons named in the report fundamentally have a right of access, rectification, erasure and restriction of processing and a right to object to the processing of their personal data. It must be considered here whether the interest in investigation of the report might override the rights listed here and whether the rights and freedoms of other persons would be impaired by, for example, utilisation of the right of access. Any legal restrictions must be observed.
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 is no longer needed will be deleted at once.
The rights can be asserted with respect to any responsible party.
The data subject has a right to lodge a complaint with the data protection authority (www.dsb.gv.at).
Retention period of personal data
Personal data is retained for as long as necessary to clarify the situation and perform a final assessment – if proportionate – or as long as 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 system (secured postbox and cookies)
The preferred method for submitting a report is via the whistleblowing system on the website.
Communication between the computer of the whistleblower and the whistleblowing system takes place over an encrypted connection (SSL). The IP address of the computer will not be stored during the use of the whistleblowing system. In order to maintain the connection between the computer and BKMS® System, a cookie is stored on the computer that merely contains the session ID (a so-called session cookie). This cookie is only valid until the end of the session and expires when the browser is closed.
The whistleblower can set up a postbox within the whistleblowing system that is secured with an individually chosen pseudonym/user name and password. This allows reports to be sent to the authorised employee of HYPO Oberösterreich 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, the whistleblower can simultaneously send attachments to the authorised employee of HYPO Oberösterreich.
If the whistleblower wishes to submit an anonymous report, the following security advice should be noted: Files may contain hidden personal data that could jeopardise anonymity. Such data must be removed before sending.
If this is not possible or it is unclear how to do so, copy the text of the attachment into the report text or send the printed document anonymously to the address below (including the reference number received at the end of the reporting process):
HYPO Oberösterreich
Whistleblowing Office / Confidential
Landstrasse 38
4010 Linz, Austria
Version: August 2023
