This Privacy Notice explains how TP Aerospace Holding A/S (“we”, “us”, “our”) processes personal data as part of the whistleblower scheme that we operate.
The purpose of the whistleblowing scheme is to ensure that serious concerns are addressed and to avoid that our employees or members of management etc. withhold information about serious concerns relating to TP Aerospace. You may find information on how to report to the whistleblower scheme and what can be reported at: https://tpaerospace.com/whistleblower/
We provide you with the below information as we are required to do so under the General Data Protection Regulation (the “GDPR”).
TP Aerospace Holding A/S acts as a data controller for the processing of personal data in connection with the whistleblower scheme that we operate.
You can find the name and con-tact details in section 9 below.
If you are the whistleblower
If you report a concern yourself, we will process the information about you which you may have provided when reporting your concern (unless you report it anonymously). Generally, such information includes your name, contact details and personal data relating to the reported concern, for example the person you are reporting or personal data about you relating to a specific incident.
If you are affected by or mentioned in a report
If you are affected by or mentioned in a report, we will process the personal data about you included in the report. Such information includes your name, contact details, position and any other information which we receive about you in relation to the concern or incident reported by the whistleblower. This may entail that we will process information about you which concerns breaches of legislation (information about criminal offences).
The legal basis is Section 22 of the Danish Whistleblower Act (“lov om beskyttelse af whis-tleblowere”).
Making available personal data to data processors
We do not make personal data available to any data processors as part of their provision of services to us, including the hosting of our whistleblower solution
Disclosure of information about whistleblowers
Without the whistleblower’s explicit consent, we are not allowed to disclose information about the whistleblower’s identity or any other information from which the whistleblower’s identity may be inferred directly or indirectly to other persons than the authorised employees who are competent to receive or follow up on reported concerns (for example relevant persons at TP Aerospace Holding A/S).
Further, we are only permitted to disclose the above information to a public authority, includ-ing the police, without the whistleblower’s consent if the information is disclosed to address breaches or to secure the affected persons’ right to a defence.
Disclosure of any other information
We are only permitted to disclose other information obtained from reports which does not concern the whistleblower’s identity etc., see above, to other persons than the person appointed to receive or follow up on reported concerns if we disclose the information when fol-lowing up on a reported concern or addressing breaches.
Consequently, we may share information, including personal data about the affected persons, about suspected breaches with external persons to follow up on reported concerns or to address breaches. This may be other relevant experts with external advisors if we need legal assistance in a whistleblowing case for which relevant personal data about the affected person are needed. It may also be relevant persons with TP Aerospace Holding A/S who must be involved in a whistleblowing case to assess whether the case should have employment law consequences etc.
In addition, we may disclose personal data about the affected persons to the police or other authorities, if necessary.
We do not as part of the scheme transfer personal data to third countries.
If the information obtained leads to a disciplinary sanction or otherwise is handled as part of our HR administration.
First, the reported concern is assessed. If the reported concern is not covered by the scheme, it will be deleted immediately. If it is assessed that the reported concern is covered by the scheme, we will follow up on it. If a police report is filed or other relevant authorities are involved, we will generally delete the information as soon as the relevant authorities have closed the case; but see below.
If the information obtained leads to a disciplinary sanction of the employee reported or if other factors make it fair and necessary to continue storing the data on the employee, the data will be stored in the employee’s employee file in accordance with our guidelines on the issue (see e.g. our Employee Privacy Notice). If not, we will delete the data.
You have the following rights:
• Right of access: You have the right to have confirmed whether collection or processing your personal data has taken place, and, if so, you have the right to request a copy of your personal data in a digital format.
• Right of rectification: You have the right to require that we correct any inaccurate personal data, and that we complete incomplete personal data.
• Right of erasure: In certain circumstances, you have the right to request that we erase personal data concerning you; for example, if it is no longer necessary for the purposes in which it was originally collected.
• Right to restrict processing: In certain circumstances, you have the right to request that we restrict the processing of your personal data, for example, if you believe that the personal data is not accurate or lawfully processed.
• Right to object to the processing: In certain circumstances, you have the right to request that we stop processing your personal data.
You can read more about your rights in the Danish Data Protection Agency’s guidelines on data subjects’ rights, which is available at datatilsynet.dk (in Danish) and at datatilsynet.dk (in English). Please contact us if you wish to exercise any of your rights. The relevant contact details are stated below.
Please note that exercising some of these rights may challenge one or more of the purposes to be fulfilled by the whistleblowing scheme. For example, the specific compliance with our duty of disclosure may entail that the affected person will have the opportunity to prevent or complicate the followup on a reported concern, including by destroying relevant evidence in the case. This means that, following a specific assessment, some of the rights mentioned above may become subject to an exception.
If you want to lodge a complaint with a supervisory authority about our processing of your personal data, you can do so by contacting the Danish Data Protection Agency via their website, www.datatilsynet.dk.
Further, the Danish Data Protection Agency has also established the Danish National Whistleblower Scheme as an independent external whistleblower scheme for receiving and processing reports regarding breaches of certain areas of EU law, and reports which otherwise relate to serious breaches of the law and other serious matters.
Reporting to the National Whistle-blower Scheme is done via www.whistleblower.dk.
TP Aerospace Holding A/S
Stamholmen 165 R
Phone: +45 8993 9929