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Data protection information for whistleblowers

Gütermann GmbH does not tolerate violation of the law in any form, be it corruption, fraud, theft or illegal agreements. Information about violations of a law or regulation in the European Union or a member state of the European Union can be submitted to Gütermann GmbH via various channels:
By post, e-mail, via our “Trust Line” whistleblower system, or by telephone via voice message.

If you report a violation, we process your personal data when receiving, checking and investigating the report in accordance with this data protection information.
Incoming reports are received, checked and, if necessary, clarified together with other investigative units of the company concerned within a narrow circle of expressly authorised and specially trained employees at Gütermann. Information is always treated confidentially.
Confidentiality cannot be guaranteed if false information is knowingly submitted with the aim of discrediting a person (denunciation).
Please read the data protection notice carefully before submitting a report and decide whether you wish to submit your report anonymously.

1 General information
1.1 Data protection
The protection of your personal rights when processing personal data is an important concern for Gütermann GmbH. We process personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and in accordance with national legal provisions.

1.2 Controller and contact person
The controller for data processing in connection with the acceptance, checking and investigation of the report is:

Gütermann GmbH
Landstr. 1
79261 Gutach – Breisgau,

2 Collection and processing of personal data
2.1 Purpose
Gütermann GmbH processes your data for the following purposes:
Checking and processing your report and the associated investigations against the accused person(s), if applicable, communication with authorities and courts in connection with your report, communication with commissioned international lawyers and auditing firms or other investigating persons as well as other companies of Elevate Textiles Inc. and affiliated group companies.

2.2 Obligation to provide your personal data
You can also submit information without providing your personal data (anonymous report). You are therefore not obliged to provide your personal data.

2.3 Data categories
When you submit a report, we collect the following personal data and information:

  • your name or private contact and identification data, provided that you disclose your identity (not an anonymous report),
  • your professional contact and (work) organisation data, if you provide it (not an anonymous report) and
  • where applicable, the names of individuals and other personal data of the individuals you mention in your report.

2.4 Legal basis
The individual processing of your personal data is based on the following legal bases:

  • Collection of your personal data in the event of a non-anonymous report: Consent to processing for the aforementioned purposes through the transfer of your data (implied consent) (Art. 6 para. 1(a) GDPR).
  • Collection, processing and disclosure of personal data of the persons you mention in your report: Protection of legitimate interests of the Controller or a third party (Art. 6 para. 1(f) GDPR). Gütermann GmbH has a legitimate interest in detecting, processing, remedying and sanctioning violations of the law and serious breaches of duty by employees effectively and with a high degree of confidentiality and in averting the associated damage and liability risks for Gütermann GmbH. The Whistleblower Protection Act (HinSchG) requires the establishment of a whistleblower system in order to give employees and third parties the opportunity to safely provide information about legal violations in the company in an appropriate manner.
  • Disclosure of your personal data in the event of non-anonymous reporting to other recipients: Processing is necessary due to a legal obligation (Art. 6 para. 1(c) GDPR).

2.5 Disclosure of personal data
Your personal data may also be shared with other entities in certain cases: As part of the processing of reports or as part of an internal investigation, it may be necessary in justified individual cases to pass on reports to other employees of Gütermann GmbH or employees of another Group company affiliated with Gütermann GmbH, e.g. if the reports relate to processes in subsidiaries of Elevate Textiles Inc. If necessary for the investigation, a transfer to subsidiaries of Elevate Textiles Inc. in a country outside the European Union or the European Economic Area may take place, on the basis of appropriate data protection guarantees for the protection of data subjects (e.g. EU standard data protection clauses or exceptions pursuant to Art. 49 GDPR). We always ensure that the relevant data protection regulations are complied with when passing on information.
In the event of a corresponding legal obligation or in the event of a legitimate interest on the part of Gütermann GmbH or a third party in the clarification of the report, disclosure may also be made to criminal prosecution authorities, antitrust authorities, other administrative authorities, courts by Gütermann GmbH or another party associated with Gütermann GmbH.
In certain cases, Gütermann GmbH is obliged under data protection law to inform the accused person of the allegations made against them. This is required by law if it is objectively clear that the provision of information to the accused can no longer impair the concrete clarification of the report. If you have provided us with your name or other personal data (non-anonymous report), your identity as a whistleblower will not be disclosed – to the extent legally possible – and it will also be ensured that no conclusions can be drawn about your identity as a whistleblower.

2.6 Data storage and deletion
Personal data will be stored for as long as necessary for clarification and final assessment and beyond where country-specific legal or contractual retention periods exist.
After the information has been processed, the data will be deleted or anonymized in accordance with the country-specific legal requirements. Anonymization permanently and irreversibly removes the link to your identity as a whistleblower.

2.7 Your rights
Please be aware that you can withdraw your consent at any time. You also have the right to receive information at any time about the data we have stored about you. If this data is incorrect or, in your opinion, no longer required because the purpose has ceased to exist, you have the right to request rectification or erasure or the restriction of processing. You have the right to object at any time to the processing of your personal data for reasons arising from your particular situation. If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to establish, exercise or defend legal claims. If you wish to exercise your rights, please write to the above address or e-mail dataprotection@guetermann.com.
We would also like to inform you of your right to complain to the data protection supervisory authority responsible for you.

2.8 Questions, suggestions, complaints
If you have any further questions about our Data Privacy Policy or about the processing of your personal data, please contact our Data Protection Officer directly at Gütermann GmbH, Landstraße 1, 79261 Gutach, dataprotection@guetermann.com. He can also be contacted with any requests for information, suggestions or in the event of any complaints.