Frequently Asked Questions about the Clinton Group Whistleblower Office

Controller under data protection law

The controller responsible for data processing is the whistleblowing centre of Clinton Logistic GmbH, Handwerkerstr. 19, 15366 Hoppegarten („whistleblowing centre“ or „controller“).

Data subject (m/f/d) of the data processing

The data subject of this data processing is a „whistleblower“ within the meaning of the Whistleblower Protection Act, i.e. a person who sends a report in accordance with the Whistleblower Protection Act to the e-mail address hinweis@clinton.de („data subject“).

Data Protection Officer

The data protection officer of CLINTON is Mr Tim Barownick, Handwerkerstraße 19, 15366 Hoppegarten, datenschutz@CLINTON.de.

Description and purpose of data processing

When you access the clinton.de website, certain information is stored by it, which is why, in addition to this data protection information for accessing the website, the data protection declaration of the website accessed also applies, which you can view here. here find.

1. data collection when visiting the website

If you only use our website for information purposes, i.e. if you do not register or otherwise provide us with information, we only collect the data that your browser transmits to our server (so-called „server log files“). When you visit our website, we collect the following data, which is technically necessary for us to display the website to you:

  • Our visited website
  • Date and time at the time of access
  • Amount of data sent in bytes
  • Source/reference from which you accessed the page
  • Browser used
  • Operating system used
  • IP address used (if applicable: in anonymised form)

Processing is carried out in accordance with Art. 6(1)(f) GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used for any other purpose. However, we reserve the right to check the server log files retrospectively if there are concrete indications of illegal use.

2 If a data subject contacts the whistleblowing centre, the following personal data will also be processed:

The e-mail address used to send the notification, the time of the enquiry and other data that you provide us with, such as your first name, surname, address, your position in the company, the name of the company in which you work and your request. This data is used exclusively for processing the enquiry and any necessary follow-up measures.

Disclosure of data to third parties

The Whistleblowing Unit shall treat the identity of the whistleblower and the persons to whom the report or disclosure relates as confidential.
The identity of the aforementioned persons will only be known to the persons responsible for receiving reports or for taking follow-up measures, as well as to the persons who support them in the fulfilment of these tasks.

Follow-up measures are those measures that are necessary to verify the validity of a report, to take further action against the reported violation or to conclude the procedure.

Before information is passed on to one of the bodies named in the Whistleblower Protection Act, the person concerned will be informed of this, provided that this does not run counter to the purpose of the investigation or the person concerned has not provided any contact details.

Legal basis

The data collected to process a report under the Whistleblower Protection Act is processed on the basis of Art. 6 (1)c GDPR to fulfil our legal obligation under the Whistleblower Protection Act.

If personal data is collected on the basis of express consent, the legal basis is Art. 6 para. 1 lit. a GDPR.

The collection of data, in particular technical data, may also be based on our legitimate interest in the functionality and effectiveness of the reporting channel in accordance with Art. Art. 6 para. 1 lit. f GDPR.

Duration of storage

The data transmitted by the data subject as a result of a notification will be collected and evaluated by the controller on the basis of Art. 6 (1) c GDPR and regularly deleted after three years at the latest, unless storage beyond this period is necessary to process the notification and/or due to retention periods under tax and commercial law or to assert, exercise or defend any legal claims.

If personal data is collected on the basis of express consent in accordance with Art. 6 para. 1 lit. a GDPR, this data is stored until the data subject withdraws their consent.

If there are statutory retention periods for data processed within the scope of legal or quasi-legal obligations on the basis of Art. 6 para. 1 lit. b GDPR, this data will be routinely deleted after expiry of the retention periods provided that it is no longer required for the fulfilment or initiation of a contract and/or we no longer have a legitimate interest in its continued storage.

When processing personal data on the basis of Art. 6 para. 1 lit. f GDPR, this data is stored until the data subject exercises their right to object in accordance with Art. 21 para. 1 GDPR, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves the establishment, exercise or defence of legal claims.

Unless otherwise specified in the other information in this statement regarding specific processing situations, stored personal data will be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.

Rights of the data subject

The applicable data protection law grants the data subject the following data subject rights (rights of access and intervention) vis-à-vis the controller with regard to the processing of their personal data, whereby reference is made to the stated legal basis for the respective exercise requirements:

  • Right to information pursuant to Art. 15 GDPR;
  • Right to rectification pursuant to Article 16 of the GDPR;
  • Right to erasure pursuant to Article 17 of the GDPR;
  • Right to restriction of processing pursuant to Article 18 of the GDPR;
  • Right to information pursuant to Article 19 of the GDPR;
  • Right to data portability pursuant to Article 20 of the GDPR;
  • Right to withdraw consent granted in accordance with Article 7(3) of the GDPR;
  • Right to lodge a complaint pursuant to Article 77 of the GDPR.

RIGHT OF OBJECTION

IF WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST AS PART OF A BALANCING OF INTERESTS, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION, WITH EFFECT FOR THE FUTURE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA IN QUESTION. HOWEVER, WE RESERVE THE RIGHT TO CONTINUE PROCESSING IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, fundamental rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.

IF WE PROCESS YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSE OF SUCH ADVERTISING. YOU CAN EXERCISE YOUR RIGHT TO OBJECT AS DESCRIBED ABOVE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.