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 of the whistleblowing system and legal basis
The whistleblowing system (BKMS® System) enables the secure, confidential receipt, processing and management of reports concerning violations of the compliance requirement by Transgourmet Österreich. The processing of personal data within the scope of BKMS® System is based on the following legal grounds:
If the report falls within the scope of the Austrian Whistleblower Protection Act ("HSchG"), the processing of personal data is based on Art 6 para 1 lit c DSGVO (legal obligation to process personal data). If data pursuant to Art 9 DSGVO is processed, the processing is based on Art 9 para 2 lit g DSGVO (legal obligation).
For reports outside the scope of the Austrian Whistleblower Protection Act ("HSchG"), the processing of personal data is based on Art 6 para 1 lit f DSGVO ( legitimate interest). The legitimate interest lies in the detection and prevention of misconduct and the associated prevention of damage to our company and to our employees and customers. If data pursuant to Art. 9 DSGVO is processed, the processing is based on Art. 9 para 2 lit b DSGVO (carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law), or Art. 9 para 2 lit f DSGVO (assertion, exercise or defense of legal claims).
Responsible parties
The party responsible for data protection in the whistleblowing system is
- Transgourmet Österreich GmbH
as the controller (hereafter also “Transgourmet Österreich”). The whistleblowing system is operated by a company specialising in this, EQS Group GmbH, Bayreuther Str. 35, 10789 Berlin, Germany, on behalf of Transgourmet Österreich.
For assistance with the evaluation of content, the controller uses an external third party (KPMG Advisory GmbH, Kudlichstrasse 41-43, 4020 Linz, hereinafter “KPMG”), which has access to the data within the whistleblowing system for this purpose. The external third party and its employees are obligated to maintain confidentiality accordingly.
Personal data and information entered into the whistleblowing system are stored in a database operated by EQS Group GmbH in a high-security data centre. Only Transgourmet Österreich and KPMG can view 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 is stored encrypted with multiple levels of password protection and is subject to an authorisation concept so that access is restricted to a very small group of expressly authorised persons at Transgourmet Österreich.
Transgourmet Österreich has appointed a data protection coordinator. Queries regarding data protection at Transgourmet Österreich can be sent to Manfred Edelbauer, manfred.edelbauer@transgourmet.at.
Type of personal data collected
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 Transgourmet Österreich and
- The names and other personal data of persons you mention in your report, if applicable
Confidential handling of reports
Reports that are submitted are received by a small selection of expressly authorised and specially trained employees of the compliance organisation of Transgourmet Österreich and are always handled confidentially. The employees of the Transgourmet Österreich compliance organisation examine the matter and perform any further investigation that may be required in each specific case.
While processing a report or performing a special investigation, it may be necessary to forward reports to other employees of Transgourmet Österreich or employees of other group companies. The latter may be based in countries outside the European Union or the European Economic Area with different regulations concerning 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
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 is no longer needed will be deleted at once.
We would like to inform you that pursuant to Section 8 (9) of the Austrian Whistleblower Protection Act (HSchG), the aforementioned rights of data subjects shall not apply for as long as and to the extent that this is necessary to protect the identity of a whistleblower or to achieve the purposes stated in the HSchG.
You also have the right to lodge a complaint with the supervisory authority.
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 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 so-called 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 Transgourmet Österreich employee either by name or anonymously and securely. 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 providing supplementary information, you have the option to send attachments to the responsible Transgourmet Österreich 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: 06.06.2023
