Whistleblower Protection Act

Martin et Karczinski

Internal reporting office in accordance with the Whistleblower Protection Act


Martin et Karczinski GmbH has set up a special whistleblower reporting office to implement the legal obligation under the Whistleblower Protection Act. This internal reporting office offers employees the opportunity to confidentially report potential legal violations at Martin et Karczinski GmbH.

Relevant legal violations can be, for example

- Violations that are punishable by law, for example corruption offenses, in particular acceptance of benefits (Section 331 StGB) or bribery (Section 332 StGB)

- Data protection violations

- Violations of regulations that serve to protect life, limb or health

- Violations of environmental protection regulations

- Violations of accounting/tax regulations

- Violations of public procurement law


The internal reporting office is run by lawyers from the law firm KELLER MENZ in Munich, who act as ombudspersons. The ombudspersons of the law firm KELLER MENZ accept reports of possible violations of the law in relation to Martin et Karczinski GmbH. You can contact our ombudspersons via various channels:


E-mail: Send an e-mail to hinweis.metk@keller-menz.de. All e-mails will be treated confidentially.

By post: Write to our ombudspersons by post: KELLER MENZ Rechtsanwälte PartG mbB, "Ombudssache", Ickstattstraße 1, 80469 Munich, Germany

By telephone: Call our ombudspersons on +49 89 24 22 30-0 to discuss your concerns in person. The ombudspersons are available during normal business hours (Monday to Friday, 09:00 to 17:00).


Our ombudspersons will share the content of your report with us and will only disclose your identity with your prior consent. After a thorough examination of the report, our contact persons will decide on the further course of action and take appropriate investigative and follow-up measures.

We take reports of possible breaches seriously and will investigate accordingly. We will do everything we can to ensure that every whistleblower is protected.


Our internal whistleblower reporting office is managed by the following ombudspersons of KELLER MENZ Rechtsanwälte PartG mbB, Ickstattstraße 1, 80469 Munich:


Ms. Heike Walenta, attorney at law

Mr. Maximilian Hofmann, attorney at law

Ms. Jana De Martino, attorney at law




Notes on confidentiality

Any information received will be treated confidentially. If you wish, you can also submit them anonymously.

If you contact us by telephone, our employees will not ask you for your name or the reason for your call when you mention the keyword "ombudsman matter".

If you contact us by post, you should mark your letter "personal/confidential".

The e-mail inbox set up exclusively for ombudsman mandates will only be opened and read by lawyers of KELLER MENZ Rechtsanwälte PartG mbB, in particular Ms. Heike Walenta, Mr. Maximilian Hofmann and Ms. Jana De Martino, as well as by selected specialists of the law firm, who are particularly committed to confidentiality and the Data Protection Act.

The lawyers of KELLER MENZ Rechtsanwälte PartG mbB are bound to secrecy, so that the facts you have described will be passed on, but not your identity - if you wish this because of feared disadvantages.




Information on data protection

In the following, we would like to inform you about the collection, processing and use of personal data within the framework of the whistleblower system if you submit a report by e-mail, telephone call, letter or in person. Therefore, please read this data protection information very carefully before submitting a report.


Responsibility for data processing

The internal reporting office is responsible for receiving information, examining it, investigating the case and preparing a statement with a legal assessment:

KELLER MENZ Rechtsanwälte PartG mbB

Ickstattstraße 1

80469 Munich

Phone: +49 89 / 24 22 30 0

Fax: +49 89 / 24 22 30 30

E-mail: hinweis.metk@keller-menz.de


The responsible body for the further processing of the data transmitted by the internal reporting office is the contractual employer and thus


Martin et Karczinski GmbH

Gabrielenstraße 9

80636 Munich


You can contact our data protection officer at: info@er-secure.de.


Purpose of the whistleblower system and data processing

The purpose of the whistleblower system is to receive and process reports of (suspected) violations of the law or serious internal violations of rules against Martin et Karczinski GmbH in a secure and confidential manner.

The processing of personal data as part of the whistleblower system is based on the legitimate interest of Martin et Karczinski GmbH in the detection and prevention of irregularities and the associated prevention of damage and liability risks (Art. 6 para. 1 lit. f GDPR in conjunction with §§ 30, 130 OWiG). In addition, Directive (EU) 2019/1937 of the European Parliament and of the Council of October 23, 2019 on the protection of persons who report breaches of Union law ("Whistleblower Directive") and the Whistleblower Protection Act (HinSchG) require the establishment of a whistleblower system in order to give employees and third parties the opportunity to report legal violations in the company in a protected manner (Art. 6 para. 1 lit. c GDPR).

If a report received relates to an employee of Martin et Karczinski GmbH, the processing also serves to prevent criminal offenses or other legal violations in connection with the employment relationship (§ 26 (1) BDSG). Your identification data is processed on the basis of your consent (Art. 6 para. 1 lit. a GDPR), which is given by the fact that the information can also be provided anonymously. Usually consent can only be withdrawn within one month of receipt of the notification, as Martin et Karczinski GmbH is obliged in certain cases under Art. 14 para. 3 lit. a GDPR to inform the accused person of the allegations made against them and the investigations carried out within one month. This also includes the storage, the type of data, the purpose of the processing, the identity of the controller and - if legally required - the reporting party, so that it is no longer possible to stop the data processing or delete the identification data. The withdrawal period may be shortened, e.g. if the type of the report requires the immediate involvement of an authority or court, because as soon as a disclosure has been made to the authority or court, the identification data is in the case files of both your contractual employer and the authority or court.


Processing of your personal data

The use of the whistleblower system is voluntary. We collect the following personal data and information when you submit a report:

›        Your name, if you disclose your identity,

›        Your contact details, if you provide them to us,

›        the fact that you have submitted a report via the whistleblower system

›        whether you are employed by Martin et Karczinski GmbH and

›        if applicable, the names of persons and other personal data of the persons named in the report.


The data submitted to Martin et Karczinski GmbH by the internal reporting office is stored under password protection so that access is restricted to a very narrow circle of expressly authorized employees.

The employees continue to process the facts submitted by the internal reporting office and, if necessary, carry out further case-related clarification of the facts; the data is always treated confidentially. However, confidentiality cannot be guaranteed if false information is knowingly posted with the aim of discrediting a person (denunciation).

In certain cases, Martin et Karczinski 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 established that providing information to the accused person can no longer affect the concrete clarification of the information. As far as legally possible, your identity as the reporting party will not be disclosed and it will also be ensured that no conclusions can be drawn about your identity.

As part of the processing of reports or investigations, it may be necessary to provide information to other employees, e.g. if the information relates to processes in subsidiaries or sister companies. We always ensure that the relevant data protection regulations are complied with when passing on information. If there is a corresponding legal obligation or if it is necessary under data protection law to clarify the information, other possible categories of recipients include law enforcement authorities, antitrust authorities, other administrative authorities, courts and commissioned law firms and auditing companies. Every person who receives access to the data is obliged to maintain confidentiality.

Personal data is stored for as long as required for clarification and final assessment, a legitimate interest of the company or a legal requirement exists. This data is then deleted in accordance with legal requirements. The duration of storage depends in particular on the severity of the suspicion and the reported possible breach of duty and is generally three years (§ 11 HinSchG).


Your rights

Under European data protection law, you and the persons named in the notice have the right to information, rectification, erasure, restriction of processing and, in certain cases, the right to data portability.

You also have the right to object to the processing of your personal data on grounds relating to your particular situation, provided that the data processing is carried out in the public interest or on the basis of a balancing of interests. The objection can be made informally and should preferably be sent to the contact details listed in this data protection notice.

If the right to object is exercised, we will immediately check the extent to which the stored data is still required, in particular for the processing of a reference. Data that is no longer required will be deleted immediately.

You can also withdraw your consent at any time. In this context, please note the information under "Purpose of the whistleblower system and data processing".

You also have the right to lodge a complaint with a competent supervisory authority.