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 Großhandels-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 use our website for information purposes only, 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 access 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 reached the page
  • Browser used
  • Operating system used
  • IP address used (if applicable: in anonymised form)

Processing is carried out in accordance with Art. 6 para. 1 lit. f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data is not passed on or used in any other way. However, we reserve the right to subsequently check the server log files if there are concrete indications of unlawful 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 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 that is processed within the framework of legal or similar obligations on the basis of Art. 6 para. 1 lit. b GDPR, this data will be routinely deleted after the retention periods have expired, provided that it is no longer required for contract fulfilment or contract initiation and/or we no longer have a legitimate interest in further 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 stated in the other information in this declaration on specific processing situations, stored personal data is 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 legal basis cited for the respective conditions for exercising these rights:

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

RIGHT OF OBJECTION

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

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. 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 THE ESTABLISHMENT, EXERCISE OR DEFENCE OF LEGAL CLAIMS.

IF YOUR PERSONAL DATA IS PROCESSED BY US FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING. YOU CAN EXERCISE YOUR OBJECTION AS DESCRIBED ABOVE.

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