If we receive messages through any of our whistleblower-channels we process relevant personal data relating to persons relevant in the respective context, which we have received or collected directly from the whistleblower report or which we collect from other sources in the course of the investigation from publicly available sources or from third parties, in particular from witnesses or other companies within the Henkel Group.
Depending on the exact nature of the reported behavior, such data may be, e.g.:
- Contact data, in particular postal address, electronic addresses (e.g., email address), telephone numbers and user IDs;
- Bank data, in particular account number, financial institute, credit card number, debit card number
- Assessment data, in particular data with regard to assessments of performance and/or potential or personality, e.g., data in connection with Henkel’s employee appraisal process;
- Learning data, in particular data about participation in training or eLearnings;
- Communication data, in particular content of electronic communication, e.g., via email or other collaboration tools;
- Connection data, in particular data that describes the circumstances of telecommunications or electronic communications, data from web analysis tools, e.g., telephone invoices, log files as well as websites, IP addresses and other data necessary for virus-scanning and cyber-defense;
- Data concerning personal life, in particular data about relatives, interests as well as data about private life (which is not health data or data on religious belief)
- ID data, in particular data that is generally stated on an identity card or a driving license, e.g., the birthday or passport number;
- Pictures/Video Recording, in particular photographs as well as images from video surveillance;
- Time stamps, in particular personalized records of activities with time stamps (time events), e.g. logging of events in computer systems, safety systems or recording of working hours; and/or
- Transaction data, in particular data on particular contracts or legal relationships, payments, deliveries or other details of business transactions.
We will process the data specified above for the whistleblower process and the respective investigation in accordance with all statutory provisions, in particular, as the case may be, data protection, whistleblowing and employment related laws on the basis of Art. 6 Paragraph 1 lit. b GDPR (fulfillment of contract, in particular employment contracts and supply agreements), Art. 6 Paragraph 1 lit. c GDPR (fulfillment of legal obligations), and Art. 6 Paragraph 1 lit. f GDPR (safeguarding our legitimate prevailing interests). Such legitimate interests may be e.g.: asserting or defending against any legal claims and litigation, IT security measures, prevention and detection of criminal offences, video surveillance to safeguard domiciliary rights and the collection of evidence in the event of, e.g. any burglaries, sabotage and thefts, measures for building and plant safety (e.g. physical access control), measures to secure domiciliary rights.
To the extent that we process special categories of personal data, Art. 9 GDPR applies.
There is no obligation to provide personal data. Henkel offers ways for whistleblowers to provide information anonymously.
We will store and process data for as long as this is necessary for the respective purpose for which it is being processed (e.g. for the duration of the employment relationship). Subsequently, the data will be deleted. We will delete data, which we process on the basis of Art. 6 Paragraph 1 lit. f), already as soon as your interests or fundamental rights and fundamental freedoms that require the protection of personal data outweigh our legitimate interests or those of a third party, or if our legitimate interests or those of a third party no longer exist.
However, in certain cases, we will continue to store and process the data as long as we are legally obliged to retain and store this information (for example, for tax or labor law reasons), as long as this is necessary to assert, exercise or defend legal rights or if we have legal grounds allowing further processing.
Within Henkel, data will only be provided to such employees (for example, specialist departments required for the investigation) who need them in connection with their official duties for the above-mentioned purposes.
In addition, data may be passed on to other companies within the Henkel Group if necessary.
We may use external service providers bound by data processing agreements for the provision of required services (e.g. IT services, consulting).
To the extent that this is required and permitted by data protection law, we may also pass on data to other recipients outside the Henkel Group. Such recipients may be e.g.: banks, social insurance carriers, public bodies and institutions (e.g. law enforcement authorities), lawyers, tax advisors and courts.
In this context, data may also be transmitted to countries outside the European Economic Area (EEA), in particular to other Henkel Group companies. If data is transmitted to countries outside the EEA, this will only be done if the EU Commission has decided that this country, this area or the specific sector provides an adequate level of protection (this is currently the case, for instance, in Andorra, Argentina, Canada (with restrictions), Faroe Islands, Guernsey, Israel (with restrictions), Isle of Man, Japan, Jersey, New Zealand, Switzerland, United Kingdom and Uruguay), and if suitable guarantees are provided for and enforceable rights and effective remedies are available to you (e.g. after conclusion of the EU Standard Contractual Clauses) or if there is an exemption according to Art. 49 GDPR (e.g. if you have consented to such a transfer or if this is necessary to fulfil the employment contract with us).