Information for whistleblowers
Responsible person in accordance Brechmann Handels GmbH & Co. KG Sunderweg 10 33649 Bielefeld Contact: Andreas Jedaschko Telephone: +49 (521) 97242-0 | Contact details of the Alfred Leingang Sunderweg 8 33649 Bielefeld Contact: Telephone: +49 (0)5 21/9 72 42-95 Email: dsb@brechmann.com |
Brechmann Handels GmbH & Co. KG has implemented a whistleblowing system in accordance with the German Whistleblower Protection Act (Hinweisgeberschutzgesetz – HinSchG).
We want to be informed about any unlawful conduct within our company so that we can clarify such behaviour and put a stop to it. We therefore encourage everyone—whether employee, former colleague, customer, supplier or third party—to report any violations of the law.
Reports may include information about suspected unlawful or unethical conduct related to Brechmann Handels GmbH & Co. KG, as well as preventive information concerning the relevant risks, particularly concerning human rights or environmental hazards and breaches of related obligations.
All whistleblowers can be assured that their reports will be processed confidentially. Reports can be submitted in person, by telephone, in writing or by email. However, we recommend using the online portal.
Postal address:
Privacy OWL UG
An der Werre 14
32758 Detmold
Email: brechmann(at)privacyowl.de
Portal: https://app.parlabox.pro/whistleblower/de/5abr7xt8ow2y7z54
To ensure that reports submitted by post will be handled confidentially, please include “CONFIDENTIAL Brechmann Whistleblower Report” on the envelope.
Reports may also be submitted anonymously. However, to enable us to investigate and follow up on your report effectively, we encourage you to provide contact information where possible. All reports will be treated confidentially.
Please note that this whistleblowing system is intended solely for reporting unlawful conduct—particularly violations of the law. General complaints, queries or product and warranty issues cannot be addressed via this system. For these matters, please contact info(at)brechmann.com
Further information on the whistleblowing system, including how to submit a report and details on the process, is available via our portal.
Policy on the Use of the Whistleblowing System at Brechmann Handels GmbH & Co. KG
§1 Objective, Purpose and Scope of this Policy
(1) We want to be informed about any unlawful conduct within our company so that we can clarify such behaviour and put a stop to it. We therefore encourage everyone—whether employee, former colleague, customer, supplier or third party—to report any violations of the law.
(2) This policy defines the framework for submitting compliance-related reports to designated persons or via an electronic whistleblowing system. It aims to ensure that the legitimate interests of the company, whistleblowers, affected persons as well as the general public will be adequately taken into consideration.
(3) Furthermore, this policy is also intended to ensure from a technical and organisational perspective that reports of unlawful conduct can be received, processed, stored, shared and archived in accordance with data protection and data security requirements, while maintaining the necessary level of confidentiality.
§ 2 Whistleblowers
(1) Any individual may submit a report. It makes no difference whether they are an employee, business partner or third party.
(2) This policy does not oblige anyone to submit a report. However, any existing legal, contractual or other duties to report remain unaffected.
§3 Subject of a Report
(1) Unlawful conduct in the sense of Section 1 Para 1 includes behaviour that constitutes a criminal or regulatory offence under laws such as the German Criminal Code (StGB), the German Act on Regulatory Offences (OWiG) or the German Competition Act (GWB).
This applies in particular to:
- fraud and misconduct in accounting or internal financial controls,
- corruption,
- money laundering, terrorist financing,
- bribery and acceptance of bribes by business partners or public officials,
- forgery of contracts, reports or records,
- misuse of company property, theft, embezzlement,
- violations of data protection or information system security,
- endangerment of public safety or threats to employee health or safety.
(2) We also welcome reports covering gross misconduct, safety deficiencies or serious hazards and risks, provided they relate to the company's operations.
§4 Relevant Reports and Good Faith
(1) The whistleblowing system is exclusively intended for receiving and processing reports of actual or suspected unlawful conduct as well as the circumstances listed in Section 3.
(2) It is not intended for general complaints, queries or product/warranty issues.
(3) Reports should be submitted in good faith—the whistleblower must sincerely believe the facts of the case to be true. The whistleblower is not considered to be acting in good faith if they are aware that a reported fact is untrue.
If the whistleblower is uncertain, they should state in the report that the issue is a suspicion, opinion or third-party statement.
(4) It should be noted that knowingly submitting false reports may be treated as a criminal offence.
§5 Submission of Reports and Procedure
(1) Reports of actual or suspected misconduct should be submitted to:
- • the internal reporting office/compliance department; (https://app.parlabox.pro/whistleblower/de/5abr7xt8ow2y7z54)
(2) Reports can be submitted in any format: in person, by phone, fax, email, etc. For ease of processing, we recommend using email.
(3) Reports may be made anonymously. Since it is not possible to respond to an anonymous report, reports should only be submitted anonymously if identifying yourself is unreasonable and anonymity is necessary to protect your identity.
(4) Where possible, receipt of the report will be acknowledged by the responsible office as per Paragraph 1 within seven days. The designated office will assess whether an investigation is necessary and carry it out, potentially with legal assistance. Investigations will proceed promptly and appropriately. Whistleblowers will be kept informed about the process of the proceedings. If a report is found to be false or cannot adequately be substantiated with facts, it will be documented accordingly and the case closed.
§6 Whistleblower Protection
All reports, including any information about the whistleblower, will be processed confidentially and in accordance with applicable laws. Whistleblowers acting in good faith (as defined in Section 4 Para 3) will not be subject to any sanctions.
§7 Confidentiality and Data Protection
(1) Regardless of their accuracy, any reports have the potential to severely damage the reputation of those involved, including the whistleblower, third parties and the company. All reports will therefore be treated with the strictest confidentiality, beyond legal obligations.
(2) In addition to the properly maintained and regularly updated record of processing activities, a written record must be kept detailing which individuals are authorised to access the reports and related data, as well as the rights they hold in the context of data processing. These individuals must be bound to a higher level of confidentiality in excess of legal requirements.
§ 8 IT and Data Security
(1) IT solutions used for receiving and processing reports must be reviewed and approved by a data protection officer of the Sichelschmidt Group before being put into operation.
(2) The minimum requirements for the scope of the General Data Protection Regulation (GDPR) can be found in Article 32 GDPR. Particular attention is paid to the sensitivity of the reports, as well as the risk to individuals and the company should data contained in the report become publicly known.
§ 9 Deletion Policy
(1) Data collected in connection with a report that is not relevant to the procedure will be deleted immediately. Otherwise, the data collected will generally be deleted within two months after the conclusion of the investigation.
(2) In the event of criminal, disciplinary or civil court proceedings resulting from unlawful conduct, the data—in deviation from Paragraph 1—will be stored until the conclusion of the respective proceedings. The same applies if the data is required for asserting, exercising or defending against legal claims: in such cases, the retention period will be determined on an individual basis.
(3) Within the whistleblower system, data shall only be deleted in accordance with the specific timeframes outlined in the deletion policy or following approval by two separate users (four-eyes principle).
(4) Statutory retention obligations remain unaffected by paragraphs 1 to 3 and must take precedence. The same applies where retention of data has been ordered by a court or authority.
Bielefeld, 13 December 2023
Brechmann Handels GmbH & Co. KG
The Management