Privacy Policy - Hinweismanagement Service Portal 

When using the Hinweismanagement Service Portal of OTTO Immobilien, operated by Compliance 2b GmbH, personal data of the whistleblower, individuals affected by the report, as well as individuals affected by or involved in follow-up measures may be processed. This privacy policy informs those affected about the processing activities related to this.

1. Controllers and Contact Information

The entities jointly responsible (Article 4 (7) in conjunction with Article 26 of Regulation (EU) 2016/679 ("General Data Protection Regulation" or "GDPR")) for the processing activities related to reports through the Hinweismanagement Service Portal are OTTO Immobilien GmbH, OTTO Immobilien Management GmbH, and eugen GmbH (hereinafter referred to as "we"). Please refer to the annex to this privacy policy for the contact details of each company.

2. Purposes of Data Processing

The Hinweismanagement Service Portal of OTTO Immobilien allows reporting of misconduct within our companies. In the event of such a report, we may process, for example, the following categories of data:

• The relationship of the whistleblower to the reported company (employee, supplier, shareholder, other),

• if provided, the name and contact details (address, email address) of the whistleblower,

• other information about the whistleblower or third parties arising from the report.

Please note that the whistleblower is neither legally nor contractually obligated to provide us with this data.
The processing of this data is intended to fulfill the obligations under the “HinweisgeberInnenschutzgesetz” ("HSchG"), to receive reports submitted through the Hinweismanagement Service Portal, to verify their validity, to further process them, and thereby to prevent, investigate, and, if necessary, penalize legal violations, to defend against damages, and to protect our companies, employees, and business partners.

3. Recipients of the data

Compliance 2b GmbH provides the Hinweismanagement Service Portal as our data processor.
Depending on the circumstances, it may also occur that we transmit personal data to the following recipients:

• responsible departments within another company of OTTO Immobilien for processing the report or any subsequent measures and reports,

• competent authorities (e.g., law enforcement authorities, tax authorities) and courts,

• consulting firms and legal representatives (for enforcing rights, defending against legal claims, etc.).

There are no data transfers to third countries.

4. Storage Period

Personal data that is not required for processing reports and pursuing the purposes mentioned above will not be collected or will be promptly deleted.

Apart from that, we are legally obliged to retain the personal data processed during case processing for a period of five years from the last processing or transmission, and beyond that, as long as it is necessary to carry out already initiated administrative or judicial proceedings or an investigation under the Code of Criminal Procedure. After the expiry of this retention obligation, the personal data will be deleted.
 

5. Legal Basis

The data processing related to the operation of the Hinweismanagement Service Portal is based on the legal authorizations or obligations under § 8 HSchG in conjunction with Art. 6 para. 1 lit. c and Art. 9 para. 2 lit. g GDPR.

6. Rights of Data Subjects

The GDPR grants certain rights to data subjects, which we hereby inform you of. To assert these rights, please contact us using the contact details provided in the annex.
 

Recht to Information

Data subjects are entitled to request confirmation as to whether we are processing personal data concerning them. If so, data subjects also have the right to information about this data and, among other things, about the purposes of processing, categories of processed data, and categories of recipients.
 

Recht to Rectification

If we process incorrect data about them, data subjects can request the rectification of the data.
 

Recht to Erasure

Under certain conditions, data subjects are entitled to request the erasure of data processed about them. For example, this right to erasure does not exist if the processing of the data is necessary to fulfill a legal obligation or to assert, exercise, or defend legal claims.
 

Recht to Restriction of Processing

Furthermore, under certain conditions, data subjects are entitled to request the restriction of processing. In this case, we may only process the data, apart from their storage, with the consent of the data subjects or within narrow limits, for example, to assert, exercise, or defend legal claims.
 

Right to Object

In certain situations, data subjects are entitled to object to the processing of data. In this case, we will no longer process the data, 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 to assert, exercise, or defend legal claims.
 

Right to Lodge a Complaint

Finally, data subjects are entitled to lodge a complaint with the data protection authority if they believe that the processing of data violates data protection regulations.

Restriction of Data Subject Rights under § 8 para. 9 HSchG:

We would like to point out that according to § 8 para. 9 HSchG, the aforementioned rights of the individuals affected by a report to information, rectification, erasure, restriction of processing, and objection do not apply as long and to the extent necessary to protect the identity of the whistleblower, another person protected by the HSchG, and to achieve the purposes mentioned above, in particular to prevent, circumvent, or delay attempts to prevent, circumvent, or delay reports or follow-up measures based on reports (especially for the duration of the implementation of an administrative or judicial proceeding or an investigation under the Code of Criminal Procedure).

Annex – Contact Details:

OTTO Immobilien GmbH
Riemergasse 8, 1010 Wien
Tel: +43 1 512 77 77
Email: whistleblowing@otto.at

OTTO Immobilien Management GmbH
Riemergasse 8, 1010 Wien
Tel: +43 1 512 77 77
Email: whistleblowing@otto.at

eugen GmbH
Riemergasse 8, 1010 Wien
Email: whistleblowing@otto.at