Anonymous whistleblower system

As a company with an international business presence, Keller Lufttechnik has an obligation to protect its self-image and act responsibly and lawfully. Since the success of a company not only depends on a good product or service, it also reflects on its reputation and external image. Reporting specific instances of any business misconduct is intended to support these values.

For this purpose, Keller Lufttechnik has implemented a whistleblower system. Anonymous alerts from employees, customers, suppliers or general informants are intended to prevent potential harm to Keller Lufttechnik itself, as well as to its employees or third parties.

Should there be any specific indications of violations of our company's own Code of Conduct, e.g.,

• corruption,
• money laundering,
• conflicts of interest,
• unfair competition and breach of antitrust laws,
• human rights violations,
• infringement of trade secrets,
• theft,
• discrimination,

reports can be submitted via the whistleblower system to alert the company to any misconduct.

Following the link below will take you to Keller Lufttechnik's whistleblower system:

To the whistleblower system >>

The whistleblower system is managed by an external service provider. Any information submitted by whistleblowers is treated confidentially and fairly at all times as part of the reporting process.

In case of any questions regarding data protection, please contact our data protection officer:
Mr. Matthias Haußer, 07021/574-374, matthias.hausser@keller-lufttechnik.de 

Hereinafter, we provide information on the processing of personal data by Keller Lufttechnik GmbH + Co. KG (hereinafter "Keller Lufttechnik") within the scope of the whistleblower system as well as on the associated data protection regulations, claims and rights.
Keller Lufttechnik uses a web-based software, a cloud solution hosted in Germany, which supports the disclosure of operational grievances. Implementing this type of system means that criminal, illegal, morally reprehensible or unfair actions can be uncovered and prevented at an early stage. As a result, incalculable material and immaterial damages as well as reputational damage can be averted.

1.  Purpose of data processing
Keller Lufttechnik shall process the personal data of the whistleblower(s) as well as the personal data of the accused person(s), such as name and other communication and content data, exclusively for the purpose of receiving and following up on information about criminal, illegal, morally reprehensible or unfair acts in a safe and confidential manner.

2.  Categories of data processing in the scope of the whistleblowing system

• Information on the whistleblower(s) and the accused(s), such as
  o    First and last name
  o    Function/Title
  o    Contact details
  o    If applicable, other personal data related to the employment relationship    
   
• Personal information identified in the disclosure team reports (see paragraph 4), including details concerning the claims made and evidence supporting those claims.
   
• Date and time of calls (when the hint is received via the telephone hotline).
   
• Any other information identified in the investigative findings and in the follow-up process to the report, such as information about criminal conduct or data about unlawful or improper conduct, if reported.
   

3.  Legal base of data processing
The recording of the personal data of the whistleblower(s) in case of a non-anonymous whistleblowing is based on consent to the processing by the transmission of the data (implied consent) (Art. 6 para. 1 p. 1 lit. a DSGVO).

The collection, processing and forwarding of personal data of the persons named in the notification serves to protect the justified interests of Keller Lufttechnik (Art. 6 para. 1 p. 1 lit. f DSGVO). It is a legitimate interest of Keller Lufttechnik to detect, process, stop and sanction violations of the law and serious breaches of duty by employees center-wide, effectively and with a high degree of confidentiality, and to avert associated damages and liability risks for Keller Lufttechnik (Sections 30, 130 OWiG). Directive (EU) 2019/1937 ("EU Whistleblower Directive") and the Whistleblower Protection Act also require the establishment of a whistleblower system in order to give employees and third parties the opportunity to provide protected information about legal violations within the company in a suitable manner. 

The transfer of personal data to other recipients may be necessary due to a legal obligation (Art. 6 para. 1 p. 1 letter c DSGVO).

4.   Recipients of the data and third country transfer (EU/EEA foreign countries)
All personal data obtained via the web-based software will only be made accessible to those persons who, due to their function, have a legitimate need to process this data. 
Keller Lufttechnik is entrusted with the initial processing of incoming hints.

If the hint is received via the telephone hotline, the hint will be added to the hint system while preserving the anonymity of the hint giver. The employees of the hotline are bound to secrecy.

At Keller Lufttechnik, only authorized employees of the following departments have access to the data (reconnaissance team):

• Karl-Heinz Simon, Organization and IT (General Case Manager and Works Council Member)
• Matthias Haußer, Data Protection Officer (General Case Manager)
• Benjamin Stuiber, Head of Human Resources (Administrator)

There may be cases where the Company is required to disclose the data to authorities (such as those having legal or regulatory jurisdiction over the employer, law enforcement agencies and legal bodies) or external advisors (such as auditors, accountants, lawyers).

Should the whistleblower provide his/her name or other personal data, the identity of the whistleblower will not be disclosed, insofar as this is legally possible, and it will also be ensured that no conclusions can be drawn as to the identity of the whistleblower.

Should personal data be processed by external service providers, this is generally based on order processing contracts in accordance with Art. 28 DSGVO. In these cases, we ensure that the processing of personal data is carried out in accordance with the provisions of the DSGVO and that all persons authorized to process personal data have committed themselves to confidentiality or are subject to an appropriate legal duty of confidentiality. The whistleblower system is operated on our behalf by LegalTegrity GmbH, Platz der Einheit 2, 60327 Frankfurt/Main.

There is no transfer of personal data to third countries (EU/EEA foreign countries).

5.  Duration of processing, deletion of data
Personal data will be stored in the respective process for the period of time required for clarification and final assessment, a legitimate interest of Keller Lufttechnik or a legal requirement. Afterwards, this data is deleted in accordance with the legal requirements. The period of storage depends in particular on the severity of the suspicion and the reported possible violation of duty.
 

6.  Technical information on the use of the whistleblower system
Communication to and from your personal computer to the whistleblower system takes place via an encrypted connection (SSL). The IP address of your computer is not stored during the use of the whistleblowing system. To maintain the connection between your computer and the whistleblower system, a cookie is stored on your computer, which only contains the session ID. The cookie is only valid until the end of your session and becomes invalid when you close the browser.

7.  Data subject rights according to the DSGVO
You have the following rights in connection with the processing of personal data concerning yourself:

• According to Art. 7 DSGVO, you have the right to revoke your consent to data processing at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the base of the consent until the revocation.
• According to Art. 14 DSGVO, if your data is collected without your knowledge (for example, because you are involved as an accused person in the proceedings to clarify the whistleblowing), you have the right to be informed about the storage, the type of data, the purpose of the processing and the identity of the controller and, if applicable, the whistleblower. However, if there would be a significant risk that such information would jeopardize Keller Lufttechnik's ability to effectively investigate the allegation or gather the necessary evidence, this information may be postponed pursuant to Art. 14 (5) sentence 1 lit. b DSGVO for as long as this risk exists. The information must then be provided as soon as the reason for the postponement has ceased to exist.
• According to Art. 15 DSGVO, you have the right to request information about the personal data concerning you that is processed by Keller Lufttechnik.
• In accordance with Art. 16 DSGVO, you have the right to request the immediate correction or completion of incorrect or incomplete data stored by us.
• According to Art. 17 DSGVO, you have the right to request the deletion of personal data concerning you that is stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation to which Keller Lufttechnik is subject, for the performance of a task carried out in the public interest, or for the establishment, exercise or defense of legal claims.
• According to Art. 18 DSGVO, you may request the restriction of the processing of your personal data if you dispute the accuracy of such data or if the processing of such data is unlawful.
• According to Art. 20 DSGVO, you have the right to receive the personal data concerning you in a structured, common and machine-readable format, and to transmit this data to another controller without hindrance or to have it transmitted by us.
• According to Art. 21 DSGVO, you have the right to object to the processing of your personal data, where there are reasons for doing so based on your particular situation. Your data will then no longer be processed, unless Keller Lufttechnik can demonstrate compelling reasons for the processing which override the interests, rights and freedoms of the data subject, or for the assertion, exercise or defense of legal claims.
• According to Art. 77 DSGVO in conjunction with § 17 BDSG, you have the right to lodge a complaint against Keller Lufttechnik with the competent supervisory authority. This is: State Data Protection Commissioner Baden-Württemberg, Dr. Jan Wacke, Lautenschlagerstraße 20, 70173 Stuttgart, Germany

8.  Person responsible in the context of data protection law
The responsible party for processing the above-mentioned personal data and any related applications and inquiries you may have is:
Keller Lufttechnik GmbH + Co. KG, Neue Weilheimer Straße 30, 73230 Kirchheim unter Teck, Germany

In case of any questions regarding data protection, please contact our data protection officer:
Mr. Matthias Haußer, 07021/574-374, matthias.hausser@keller-lufttechnik.de