Data protection information
We take data protection and confidentiality very seriously and adhere to the provisions of the 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.
Purpose and legal basis of the whistleblowing system
The whistleblowing system (BKMS® System) is used to securely and confidentially accept, process, and manage tips concerning violations of the compliance requirements of Otto GmbH & Co. KGaA and of the Otto Group’s affiliated companies. The processing of personal data within the framework of the BKMS ® System is based on the justified interest of our company in discovering and preventing abuses and thereby averting damage to Otto GmbH & Co. KGaA and the Otto Group’s affiliated companies as well as their employees and customers (Art. 6(1) half sentence 1(f) GDPR in conjunction with §§ 30, 130 of the German Act on Administrative Offences (Ordnungswidrigkeitengesetz, OwiG). Moreover, the processing is necessary to fulfil a statutory obligation (Art. 6(1) half sentence 1(c) GDPR in conjunction with Art. 8 of the Whistleblower Policy or Art. 6(1) half sentence 1(c) GDPR in conjunction with the respective implementation act, such as § 10 of the German Whistleblower Protection Act (HinSchG).
Please note that, as a whistleblower, you may make a report online without disclosing your identity.
Controller
The party responsible for data protection in the whistleblowing system is
Otto GmbH & Co. KGaA , Werner-Otto-Str. 1–7, 22179 Hamburg.
The whistleblowing system is operated by a specialised company, EQS Group GmbH, Karlstraße 47, 80333 Munich in Germany, on behalf of Otto GmbH & Co. KGaA .
Personal data and information entered into the whistleblowing system are stored in a database of a high security data centre operated by EQS Group GmbH. Only the authorised employees of Otto GmbH & Co. KGaA and of the Otto Group’s affiliated companies have access to 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 so that access is restricted to a very small recipient group of expressly authorised persons at Otto GmbH & Co. KGaA and at the Otto Group’s affiliated companies.
Otto GmbH & Co. KGaA has appointed a data protection officer. Enquiries regarding data protection can be sent to Otto GmbH & Co. KGaA , email address: datenschutzbeauftragter@ottogroup.com.
Type of collected personal data
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,
- your contact details, if you disclose them,
- whether you are an employee of Otto GmbH & Co. KGaA or one of the Otto Group’s affiliated companies 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 persons of the compliance organisation of Otto GmbH & Co. KGaA and that of the Otto Group’s affiliated companies and always handled confidentially. The employees of the compliance organisation of Otto GmbH & Co. KGaA and/or the compliance organisation of the affected companies of the Otto Group evaluate the matter 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 Otto GmbH & Co. KGaA or employees of other group companies, e.g. if the reports refer to incidents in subsidiaries. These group companies may be based in countries outside the European Union or the European Economic Area with different regulations about 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 party
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, restriction of processing and data portability as well as a right of objection to 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 at once.
The rights you have with respect to us, as listed above, can be asserted at Otto GmbH & Co. KGaA , email address: datenschutzbeauftragter@ottogroup.com.
You also have the right to lodge a complaint with the supervisory authority.
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 the company or retention is required by law. After the report processing is concluded, the data will be erased in accordance with the respective valid 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 the 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.
You can set up a secured 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 respectively responsible employee of Otto GmbH & Co. KGaA and/or of one of the Otto Group’s affiliated companies 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 e-mail communication.
Note on sending attachments
When submitting a report or an addition, you can simultaneously send attachments to the responsible employee of Otto GmbH & Co. KGaA and/or of one of the Otto Group’s affiliated companies. 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 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: 25 October 2023
“Fair, respectful and responsible interactions are the foundation for our daily cooperation. This includes complying with applicable laws and regulations, respecting ethical values and promoting sustainable developments. If you have the impression that the legal or moral compass is pointing in the wrong direction at any point, we are grateful for any report. Our whistleblowing system allows anyone to contact our Compliance team in a spirit of trust and, if desired, anonymously.”