For better readability, only the generic masculine is used in this information. Unless otherwise indicated, the personal designations used in this information refer equally to all genders.
I. Preliminary remarks
In implementation of the Whistleblower Protection Act (HSchG), GRAWE Immo AG has set up a whistleblowing reporting system, which enables potential whistleblowers to easily report violations of the law in areas of life of particular public interest within the company to an office free of instructions, the WHISTLEBLOWING reporting office.
This page serves as information about the rights and obligations to which you are entitled in the event of a whistleblowing report in accordance with the provisions of the HSchG and as information about the internal company procedures that have been set up.
II. Who is considered a whistleblower?
Whistleblowers are persons who have obtained information about certain legal violations due to current or previous professional connections with GRAWE Immo AG. Whistleblowers can be:
The scope of protection of the HSchG also includes persons who
III. Which legal violations can be reported by whistleblowers?
Whistleblowers are expressly encouraged to report violations of the law within the company in the areas listed below.
The term “infringement” is understood to mean violations of one of the legal provisions existing in the aforementioned areas or violations that run counter to the aim and purpose of these legal provisions.
All grievances and irregularities in the aforementioned areas as well as (attempted) acts of concealment relating thereto are deemed to be a violation of the law.
IV. When are whistleblowers protected under the provisions of the HSchG?
Whistleblowers who, based on the information available to them at the time the report is submitted, can assume that
enjoy protection in accordance with the provisions of the HSchG.
V. What protection do whistleblowers enjoy?
In the event of justified whistleblowing, any retaliatory measures are prohibited [e.g. dismissal, transfer, negative performance reviews, refusal to participate in further training measures, non-renewal of employment, issuing a poor reference, downgrading or refusal of promotion, coercion, bullying, exclusion, discrimination, damage to reputation, etc.].).
This protection also applies to persons who support whistleblowers or are personally close to them.
Persons who knowingly provide obviously false information are excluded from the protection of the HSchG. Knowingly making false reports can lead to consequences under employment law, including dismissal, liability for damages, criminal prosecution (e.g. defamation) and administrative penalties.
Whistleblowers are entitled to protection of their identity. This means that the employees of the WHISTLEBLOWING reporting office, who are not bound by instructions and are obliged to maintain confidentiality and secrecy, are not authorized to disclose the identity of whistleblowers to third parties without the express consent of the whistleblower.
Disclosure is only permitted if it is essential and proportionate in the context of official or judicial investigations, inquiries or proceedings.
Whistleblowers and persons in their circle are not liable for the legal or factual consequences of a justified tip-off.
VI What protection do persons affected by a tip-off enjoy?
The principle of the presumption of innocence applies. The persons affected by a tip-off are protected against prejudgement, false accusations and defamation.
The identity of the persons affected by the whistleblowing is kept strictly secret (confidentiality and secrecy). The internal WHISTLEBLOWING reporting office will not disclose the identity of the person concerned to any other person without their consent.
VII. Internal WHISTLEBLOWING reporting office and procedure:
1. General information
The internal WHISTLEBLOWING reporting office is set up in the legal department of GRAWE Immo AG and incoming information is recorded and processed by specially trained persons who are not subject to instructions. The employees involved investigate any reports impartially and without bias.
The employees of the internal WHISTLEBLOWING reporting office are subject to strict confidentiality and non-disclosure obligations with regard to reported matters and must ensure the protection of the identity of whistleblowers and all persons affected by reports.
If employees of the WHISTLEBLOWING reporting office have objective doubts about their own impartiality and impartiality, they must refrain from participating in the processing of such reports.
The internal reporting office is also responsible for taking any follow-up measures. [1]. When dealing with follow-up measures, the interests of GRAWE Immo AG as well as the interests of all parties involved are taken into account.
If there is no legal obligation to notify the authorities, internal clarification should be given priority over the involvement of external bodies.
2. how and where can a report of legal violations be submitted?
Reports can be submitted in writing by e-mail or post, as well as verbally and by telephone to the address below. In order to ensure that reports submitted by post are processed exclusively by the employees of the internal reporting office, the WHISTLEBLOWING reporting office must be stated in the address!
GRAWE IMMO AG
WHISTLEBLOWING-Meldestelle
Kaiser-Josef-Platz 1
8010 Graz
E.: whistleblowing@grawe-immo.at
T.: +43 (0) 316/832339 – 8024
3. procedure
The internal WHISTLEBLOWING reporting office must confirm receipt of a written report to the whistleblower immediately, but at the latest within seven calendar days, to the address provided by the whistleblower (§9 para. 1 HSchG). Exceptions:
– Whistleblower objects to confirmation
– WHISTLEBLOWING Reporting Office has reason to believe that confirmation would compromise the protection of the whistleblower’s identity.
Every report is checked for validity by the internal WHISTLEBLOWING Reporting Office. The internal WHISTLEBLOWING reporting office does not have to follow up on a report that does not fall within the scope of the HSchG or if the report itself does not provide any indications of validity.
Obviously false reports will be rejected by the internal WHISTLEBLOWING reporting office with a message to the whistleblower stating that such reports give rise to claims for damages and may be prosecuted in court or as administrative offenses.
Whistleblowers are entitled to supplement or correct reports submitted to the internal WHISTLEBLOWING reporting office in writing after they have been received. Upon request, the receipt of additions and corrections must also be confirmed in writing within seven calendar days at the latest.
At the request of the whistleblower, which must be complied with within 14 days, a meeting must be held to discuss the report. In the event of such a meeting, the discussion shall be documented by employees of the WHISTLEBLOWING reporting office in the form of minutes.
The whistleblower is given the opportunity to check the minutes of the meeting, correct them if necessary and, if appropriate, confirm them by signing them.
The whistleblower must be informed no later than three months after receipt of the report as to whether and what follow-up measures have been taken or for what reason the report will not be followed up.
“Follow-up measure” means a measure taken by an internal or external body, an organizational unit of a company, an administrative authority, a court or the public prosecutor’s office from the time the report is made and as a result of a report, such as checking the validity of the report, internal inquiries, investigations, or the initiation, initiation, implementation or termination of proceedings or other measures to take further action against the violation, for prosecution or to restore the lawful situation (§ 5 Z 3 HSchG);
VIII External information and publication:
Whistleblowers should check whether they can first report to an internal body. Preference should therefore be given to an internal report.
Reports to external bodies (Federal Office for the Prevention and Combating of Corruption, public prosecutor’s office, administrative authorities, etc.) are permitted if it is not possible, not appropriate or not reasonable to deal with a report in the internal whistleblower system or if it has proven to be unsuccessful or futile.
In the case of publication of reports, whistleblowers only enjoy protection under the provisions of the HSchG if
IX. Documentation, data security and data protection:
The internal WHISTLEBLOWING reporting office must document all incoming reports and all records made in connection with reports (documentation obligation). All records are stored in a confidential and secure system to which only employees of the internal WHISTLEBLOWING reporting office have access.
The processing of personal data in connection with reports is permitted for the purpose of checking and processing reports and preventing legal violations. The processing of sensitive data (Art. 9 (1) GDPR) and data pursuant to Art. 10 GDPR[1] is permitted, provided that the processing is absolutely necessary for the purpose of dealing with reports.
The processing is restricted to personal data that is required to determine and punish legal violations. Personal data that is not required for the processing of a report is not collected or is deleted immediately if it is collected unintentionally.
GRAWE Immo AG is considered the controller for data processing.
As long as this is necessary to protect the identity of whistleblowers, supporters, related parties and persons affected by the report and to prevent the undermining or delaying of reports and follow-up measures, the rights to information, access and deletion under data protection law may be exercised.
(in particular for the duration of administrative or judicial proceedings).
In principle, personal data relating to a reference must be stored for a maximum period of 5 years from the last processing. In the case of ongoing proceedings, longer retention periods may result.
Log data on processes must be stored from the last time they were processed or transmitted until three years after the retention obligation no longer applies.
[1] personal data on acts or omissions punishable by the courts or administrative authorities, in particular also on the suspicion of the commission of criminal offenses, as well as on criminal convictions or preventive measures.
X. Penal provisions:
Persons who
commits an administrative offense and, unless the offense is punishable by a more severe penalty under another provision, shall be punished by the district administrative authority with a fine of up to EUR 20,000, or up to EUR 40,000 in the event of a repeat offense.