Data Protection Policy

Aim of the Policy

As part of its social responsibility, the Dynaxon is committed to international compliance with data protection laws. This Data Protection Policy applies worldwide to the Dynaxon and is based on globally accepted, basic principles on data protection. Ensuring data protection is the foundation of trustworthy business relationships and the reputation of the Dynaxon as an attractive employer. The Data Protection Policy provides one of the necessary framework conditions for cross-border data transmission1 among the Group companies. It ensures the adequate level of data protection prescribed by the European Union Data Protection Directive2 and the national laws for cross-border data transmission, including in countries that do not yet have adequate data protection laws3.

Application of national laws

This Data Protection Policy comprises the internationally accepted data privacy principles without replacing the existing national laws. It supplements the national data privacy laws. The relevant national law will take precedence in the event that it conflicts with this Data Protection Policy, or it has stricter requirements than this Policy. The content of this Data Protection Policy must also be observed in the absence of corresponding national legislation. The reporting requirements for data processing under national laws must be observed. Each company of the Dynaxon is responsible for compliance with this Data Protection Policy and the legal obligations. If there is reason to believe that legal obligations contradict the duties under this Data Protection Policy, the relevant company must inform the Chief Officer, Corporate Data Protection. In the event of conflicts between national legislation and the Data Protection Policy, Dynaxon will work with the relevant company to find a practical solution that meets the purpose of the Data Protection Policy.

Principles for processing personal data

1. Fairness and lawfulness

When processing personal data, the individual rights of the data subjects6 must be protected. Personal data must be collected and processed in a legal and fair manner.

2. Restriction to a specific purpose

Personal data can be processed only for the purpose that was defined before the data was collected. Subsequent changes to the purpose are only possible to a limited extent and require substantiation.

3. Transparency

The data subject must be informed of how his/her data is being handled. In general, personal data must be collected directly from the individual concerned. When the data is collected, the data subject must either be aware of, or informed of:

» The identity of the Data Controller

» The purpose of data processing

» Third parties or categories of third parties to whom the data might be transmitted

4. Data reduction and data economy

Before processing personal data, you must determine whether and to what extent the processing of personal data is necessary in order to achieve the purpose for which it is undertaken. Where the purpose allows and where the expense involved is in proportion with the goal being pursued, anonymized or statistical data must be used. Personal data may not be collected in advance and stored for potential future purposes unless required or permitted by national law.

5. Deletion

Personal data that is no longer needed after the expiration of legal or business processrelated periods must be deleted. There may be an indication of interests that merit protection or historical significance of this data in individual cases. If so, the data must remain on file until the interests that merit protection have been clarified legally, or the corporate archive has evaluated the data to determine whether it must be retained for historical purposes.

6. Factual accuracy; up-to-dateness of data

Personal data on file must be correct, complete, and – if necessary – kept up to date. Suitable steps must be taken to ensure that inaccurate or incomplete data are deleted, corrected, supplemented or updated.

7. Confidentiality and data security

Personal data is subject to data secrecy. It must be treated as confidential on a personal level and secured with suitable organizational and technical measures to prevent unauthorized access, illegal processing or distribution, as well as accidental loss, modification or destruction.

Reliability of data processing Collecting, processing and using personal data is perm

itted only under the following legal bases. One of these legal bases is also required if the purpose of collecting, processing and using the personal data is to be changed from the original purpose.

Customer and partner data

1.1 Data processing for a contractual relationship

Personal data of the relevant prospects, customers and partners can be processed in order to establish, execute and terminate a contract. This also includes advisory services for the partner under the contract if this is related to the contractual purpose. Prior to a contract – during the contract initiation phase – personal data can be processed to prepare bids or purchase orders or to fulfill other requests of the prospect that relate to contract conclusion. Prospects can be contacted during the contract preparation process using the information that they have provided. Any restrictions requested by the prospects must be complied with. For advertising measures beyond that, you must observe the following requirements under V.1.2.

1.2 Data processing for advertising purposes

If the data subject contacts a Dynaxon company to request information (e.g. request to receive information material about a product), data processing to meet this request is permitted.

Customer loyalty or advertising measures are subject to further legal requirements. Personal data can be processed for advertising purposes or market and opinion research, provided that this is consistent with the purpose for which the data was originally collected. The data subject must be informed about the use of his/her data for advertising purposes. If data is collected only for advertising purposes, the disclosure from the data subject is voluntary. The data subject10 shall be informed that providing data for this purpose is voluntary. When communicating with the data subject, consent shall be obtained from him/her to process the data for advertising purposes. When giving consent, the data subject should be given a choice among available forms of contact such as regular mail, e-mail and phone (Consent, see V.1.3). If the data subject refuses the use of his/her data for advertising purposes, it can no longer be used for these purposes and must be blocked from use for these purposes. Any other restrictions from specific countries regarding the use of data for advertising purposes must be observed.

1.3 Consent to data processing

Data can be processed following consent by the data subject. Before giving consent, the data subject must be informed in accordance with IV.3. of this Data Protection Policy. The declaration of consent must be obtained in writing or electronically for the purposes of documentation. In some circumstances, such as telephone conversations, consent can be given verbally. The granting of consent must be documented.

1.4 Data processing pursuant to legal authorization

The processing of personal data is also permitted if national legislation requests, requires or allows this. The type and extent of data processing must be necessary for the legally authorized data processing activity, and must comply with the relevant statutory provisions.

1.5 Data processing pursuant to legitimate interest

Personal data can also be processed if it is necessary for a legitimate interest of the Dynaxon. Legitimate interests are generally of a legal (e.g. collection of outstanding receivables) or commercial nature (e.g. avoiding breaches of contract). Personal data may not be processed for the purposes of a legitimate interest if, in individual cases, there is evidence that the interests of the data subject merit protection, and that this takes precedence. Before data is processed, it is necessary to determine whether there are interests that merit protection.

1.6 Processing of highly sensitive data

Highly sensitive11 personal data can be processed only if the law requires this or the data subject has given express consent. This data can also be processed if it is mandatory for asserting, exercising or defending legal claims regarding the data subject. If there are plans to process highly sensitive data, the Chief Officer Corporate Data Protection must be informed in advance.

1.7 Automated individual decisions

Automated processing of personal data that is used to evaluate certain aspects (e.g. creditworthiness) cannot be the sole basis for decisions that have negative legal consequences or could significantly impair the data subject. The data subject must be informed of the facts and results of automated individual decisions and the possibility to respond. To avoid erroneous decisions, a test and plausibility check must be made by an employee.

1.8 User data and internet

If personal data is collected, processed and used on websites or in apps, the data subjects must be informed of this in a privacy statement and, if applicable, information about cookies. The privacy statement and any cookie information must be integrated so that it is easy to identify, directly accessible and consistently available for the data subjects. If use profiles (tracking) are created to evaluate the use of websites and apps, the data subjects must always be informed accordingly in the privacy statement. Personal tracking may only be effected if it is permitted under national law or upon consent of the data subject. If tracking uses a pseudonym, the data subject should be given the chance to opt out in the privacy statement. If websites or apps can access personal data in an area restricted to registered users, the identification and authentication of the data subject must offer sufficient protection during access.

Employee data

2.1 Data processing for the employment relationship

In employment relationships, personal data can be processed if needed to initiate, carry out and terminate the employment agreement. When initiating an employment relationship, the applicants’ personal data can be processed. If the candidate is rejected, his/her data must be deleted in observance of the required retention period, unless the applicant has agreed to remain on file for a future selection process. Consent is also needed to use the data for further application processes or before sharing the application with other Group companies. In the existing employment relationship, data processing must always relate to the purpose of the employment agreement if none of the following circumstances for authorized data processing apply. If it should be necessary during the application procedure to collect information on an applicant from a third party, the requirements of the corresponding national laws have to be observed. In cases of doubt, consent must be obtained from the data subject.

There must be legal authorization to process personal data that is related to the employment relationship but was not originally part of performance of the employment agreement. This can include legal requirements, collective regulations with employee representatives, consent of the employee, or the legitimate interest of the company.

2.2 Data processing pursuant to legal authorization

The processing of personal employee data is also permitted if national legislation requests, requires or authorizes this. The type and extent of data processing must be necessary for the legally authorized data processing activity, and must comply with the relevant statutory provisions. If there is some legal flexibility, the interests of the employee that merit protection must be taken into consideration.

2.3 Collective agreements on data processing

If a data processing activity exceeds the purposes of fulfilling a contract, it may be permissible if authorized through a collective agreement. Collective agreements are pay scale agreements or agreements between employers and employee representatives, within the scope allowed under the relevant employment law. The agreements must cover the specific purpose of the intended data processing activity, and must be drawn up within the parameters of national data protection legislation.

2.4 Consent to data processing

Employee data can be processed upon consent of the person concerned. Declarations of consent must be submitted voluntarily. Involuntary consent is void. The declaration of consent must be obtained in writing or electronically for the purposes of documentation. In certain circumstances, consent may be given verbally, in which case it must be properly documented. In the event of informed, voluntary provision of data by the relevant party, consent can be assumed if national laws do not require express consent. Before giving consent, the data subject must be informed in accordance with IV.3. of this Data Protection Policy.

2.5 Data processing pursuant to legitimate interest

Personal data can also be processed if it is necessary to enforce a legitimate interest of the Dynaxon. Legitimate interests are generally of a legal (e.g. filing, enforcing or defending against legal claims) or financial (e.g. valuation of companies) nature. Personal data may not be processed based on a legitimate interest if, in individual cases, there is evidence that the interests of the employee merit protection. Before data is processed, it must be determined whether there are interests that merit protection. Control measures that require processing of employee data can be taken only if there is a legal obligation to do so or there is a legitimate reason. Even if there is a legitimate reason, the proportionality of the control measure must also be examined. The justified interests of the company in performing the control measure (e.g. compliance with legal provisions and internal company rules) must be weighed against any interests meriting protection that the employee affected by the measure may have in its exclusion, and cannot be performed unless appropriate. The legitimate interest of the company and any interests of the employee meriting protection must be identified and documented before any measures are taken. Moreover, any additional requirements under national law (e.g. rights of codetermination for the employee representatives and information rights of the data subjects) must be taken into account.

2.6 Processing of highly sensitive data

Highly sensitive personal data can be processed only under certain conditions. Highly sensitive data is data about racial and ethnic origin, political beliefs, religious or philosophical beliefs, union membership, and the health and sexual life of the data subject. Under national law, further data categories can be considered highly sensitive or the content of the data categories can be filled out differently. Moreover, data that relates to a crime can often be processed only under special requirements under national law. The processing must be expressly permitted or prescribed under national law. Additionally, processing can be permitted if it is necessary for the responsible authority to fulfill its rights and duties in the area of employment law. The employee can also expressly consent to processing. If there are plans to process highly sensitive data, the Chief Officer Corporate Data Protection must be informed in advance.

2.7 Automated decisions

If personal data is processed automatically as part of the employment relationship, and specific personal details are evaluated (e.g. as part of personnel selection or the evaluation of skills profiles), this automatic processing cannot be the sole basis for decisions that would have negative consequences or significant problems for the affected employee. To avoid erroneous decisions, the automated process must ensure that a natural person evaluates the content of the situation, and that this evaluation is the basis for the decision. The data subject must also be informed of the facts and results of automated individual decisions and the possibility to respond. Telecommunications and internet. Telephone equipment, e-mail addresses, intranet and internet along with internal social networks are provided by the company primarily for work-related assignments. They are a tool and a company resource. They can be used within the applicable legal regulations and internal company policies. In the event of authorized use for private purposes, the laws on secrecy of telecommunications and the relevant national telecommunication laws must be observed if applicable. There will be no general monitoring of telephone and e-mail communications or intranet/internet use. To defend against attacks on the IT infrastructure or individual users, protective measures can be implemented for the connections to the Dynaxon network that block technically harmful content or that analyze the attack patterns. For security reasons, the use of telephone equipment, e-mail addresses, the intranet/internet and internal social networks can be logged for a temporary period. Evaluations of this data from a specific person can be made only in a concrete, justified case of suspected violations of laws or policies of the Dynaxon. The evaluations can be conducted only by investigating departments while ensuring that the principle of proportionality is met. The relevant national laws must be observed in the same manner as the Group regulations.

2.8 Rights of the data subject

Every data subject has the following rights. Their assertion is to be handled immediately by the responsible unit and cannot pose any disadvantage to the data subject.

1. The data subject may request information on which personal data relating to him/her has been stored, how the data was collected, and for what purpose. If there are further rights to view the employer’s documents (e.g. personnel file) for the employment relationship under the relevant employment laws, these will remain unaffected.

2. If personal data is transmitted to third parties, information must be given about the identity of the recipient or the categories of recipients.

3. If personal data is incorrect or incomplete, the data subject can demand that it be corrected or supplemented.

4. The data subject can object to the processing of his or her data for purposes of advertising or market/opinion research. The data must be blocked from these types of use.

5. The data subject may request his/her data to be deleted if the processing of such data has no legal basis, or if the legal basis has ceased to apply. The same applies if the purpose behind the data processing has lapsed or ceased to be applicable for other reasons. Existing retention periods and conflicting interests meriting protection must be observed.

6. The data subject generally has a right to object to his/her data being processed, and this must be taken into account if the protection of his/her interests takes precedence over the interest of the data controller owing to a particular personal situation. This does not apply if a legal provision requires data to be processed.