Whistleblowing

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    Our Speak Up Office

    As the BMW Foundation Herbert Quandt, we have a legal responsibility towards our employees, business partners, Responsible Leaders and other third parties. In this sense, it is important to us that everyone feels safe, whether at our workplaces or at our events.Therefore, we have appointed an external attorney as an ombudswoman ("Speak Up Office") to receive and process reports under the Whistleblower Protection Act (HinSchG) as well as complaints of (sexual) harassment and discrimination (according to the General Equal Treatment Act) at our events. Please note that the complainants can be employees, business partners, service providers or other third parties as well as event participants.Business partners, service providers, suppliers or other third parties who report violations, which fall under the framework of the Whistleblower Protection Act (HinSchG) enjoy special protection. For reports of incidents of (sexual) harassment and discrimination at our events, the reporting person will be granted confidentiality and protection under the same requirements that apply to the Whistleblower Protection Act. 

    How to Contact our Speak Up Office:

    Address:
    Attorney Dr. Kathrin J. Niewiarra, Ombudswoman    Philippistr. 11D-14059 BerlinPhone: +49 (0) 30 / 4036750-39E-mail: BMWFoundation@compliance-aid.com

    It is also possible to submit reports anonymously or non-anonymously to the ombudswoman via our electronic reporting system in over 30 languages:https://bmwfoundation.reporting-channel.com

    for more information

    FAQs

    The BMW Foundation has appointed an external lawyer as ombudswoman and contact person for our Speak Up Office in the course of combating violations of legal regulations and/or internal company compliance rules as well as violations of the General Equal Treatment Act (AGG). The ombudswoman is available to all reporting parties who wish to provide confidential information, in particular regarding violations of the law, breaches of duty or violations of non-discriminatory treatment among and with our employees at the BMW Foundation.
    Our Speak Up Office, which is operated by our ombudswoman, is generally available to anyone who can report behavior that they consider to be unlawful. The complainants can be employees, business partners, event participants or other third parties. We will accept all reports where you suspect a violation of the law and which fall within the specified subject area.
    The Speak Up Office is available for reports regarding violations of laws and regulations in accordance with the Whistleblower Protection Act (HinSchG), the General Equal Treatment Act (AGG) and other forms of discrimination as well as violations of internal guidelines.The topics covered by the reports include the following in particular:
    • Corruption, money laundering, bribery, terrorist financing, violations of export controls
    • Anti-competitive behavior
    • Violations of the Code of Conduct and other internal guidelines of the BMW Foundation
    • Discrimination, bullying, fundamental rights
    • Serious violations of organizational values or interpersonal conflicts
    • Health, operational safety, occupational safety
    • Personnel issues, including disregard of work instructions
    • Data protection and information security violations
    • Violations of antitrust law
    • Matters within the meaning of the HinSchG
    The Speak Up Office is not intended for complaints relating to operational business. Reports submitted via the Speak Up Office that concern matters outside the defined subject area will be forwarded to the relevant contact persons, subject to the consent of the person submitting the report, or the relevant contact persons will be named.
    BMW Foundation:Our employees can submit reports at any time to their Leadership Team Member, the People & Culture Team or the Compliance Responsible. If the reporting person so wishes, there is the possibility of contacting the Compliance Responsible for an optional confidential initial discussion.Speak Up Office/ Ombudswoman:In addition, our Speak-Up Office through which reports can be submitted to our ombudswoman is available to our employees, our business partners and other third parties. You can submit your reports by telephone, post, email or in person. Attorney Dr. Kathrin J. Niewiarra, OmbudswomanPhilippistr. 11D-14059 BerlinPhone: +49 (0) 30 / 4036750-39 BMWFoundation@compliance-aid.comReports can be submitted in German and English.It is also possible to submit reports to the ombudswoman via our electronic reporting system in over 30 languages.
    The protection and confidentiality of the reporting person are essential components of our reporting procedure and are taken very seriously by us. Throughout the entire process, individual measures are developed and taken on a case-by-case basis to ensure that the reporting person is protected from discrimination or punishment as a result of reports made. Attempts to intimidate, threaten or discriminate against reporting persons in the workplace will not be tolerated. If you suffer intimidation, threats, or reprisals as a result of a report, please contact our ombudswoman or our Compliance Responsible.As a lawyer, the ombudswoman is also subject to the lawyer's duty of confidentiality. Contact and all information and reports are treated with absolute confidentiality. This is secured by a separate data protection agreement with the BMW Foundation as the client.Your identity will only be disclosed to the BMW Foundation with your express consent. Should your information lead to an investigation by the criminal prosecution authorities, your anonymity is also guaranteed vis-à-vis these institutions by the lawyer's duty of confidentiality.
    Summary:The ombudswoman examines the reports received and carries out an initial legal assessment. This is forwarded to the Compliance Responsible of the BMW Foundation for further examination of the facts, provided the reporting party has agreed to the forwarding. Absolutely confidential treatment of the reports is guaranteed. If the reports can be substantiated, further measures will be initiated. If the reports prove to be irrelevant, the investigation will be terminated. In addition, all personal data will be deleted in accordance with data protection regulations.The individual steps:
    • Receipt of the reports
    The receipt of the report is documented, and the reporting person receives an acknowledgement of receipt from the ombudswoman after seven days at the latest.
    • Review of the reports
    The ombudswoman classifies the report thematically and examines it for plausibility. If the report is plausible, it is forwarded to the Compliance Responsible with the express consent of the person making the report to clarify the facts while maintaining confidentiality. Reports that concern the Compliance Responsible are forwarded directly to the Board. Reports that concern the Board are forwarded after prior consultation between the Compliance Responsible and the ombudswoman in accordance with the internal guidelines. If this is desired by the reporting party, the ombudswoman will remain in contact with them throughout the entire procedure. However, only the reporting person decides how the contact is to be organized.If the information is not plausible, the proceedings will be discontinued and the reporting person informed.
    • Clarification of the facts
    The Compliance Responsible clarifies the facts of the case in consultation with the ombudswoman, making full use of its available resources on a case-by-case basis, as required and in a timely manner. The first step is to check whether sufficient information is available to clarify the facts of the case. If this is not the case, the reporting party is contacted by the ombudswoman to request further information. If the reporting person does not wish to be contacted and no other sufficient information can be gathered to clarify the facts, the proceedings will be discontinued. If no misconduct or risk can be identified at the BMW Foundation or at the business partners or other third parties, the proceedings will also be discontinued. The reporting person will be informed accordingly.
    • Development of solutions
    If misconduct or a violation is identified, suitable preventive and/or remedial measures will be developed on the basis of the information collected. If this is possible, reasonable and desired by the reporting person, the reporting person will be involved in the development of preventive and/or remedial measures. The reporting person will receive feedback from the ombudswoman no later than three months after the acknowledgement of receipt regarding the measures planned and those already taken, as well as the reasons for these, insofar as this does not impair (internal) investigations and the rights of the persons who are the subject of a report, and this is possible within the framework of what is legally permissible.
    • Initiation of remedial measures and follow-up and effectiveness review
    The preventive and/or remedial measures decided upon are initiated and their implementation is followed up by the Compliance Responsible or a committee appointed for this purpose.In addition, the BMW Foundation reviews the effectiveness of the reporting procedure annually and on an ad hoc basis. In particular, feedback from the reporting parties is used for this purpose. Adjustments are made where necessary.
    If you make a report to the best of your knowledge and belief, you will not suffer any disadvantages within the BMW Foundation. However, if you deliberately make a false report or report in bad faith, or if you yourself have violated the applicable rules of conduct, BMW Foundation reserves the right to take legal action.Please note the exceptions to the confidentiality requirement pursuant to Section 9 subsection 1 HinSchG if you intentionally or grossly negligently report incorrect information about violations. The law is intended to prevent defamatory reports from being made.
    It is important that you believed or assumed at the time of the report that the content was true and that you did not make the report with malicious intent. If, after clarification of the facts, it turns out that the report was not justified, you do not have to fear any negative consequences.
    Even then, you are encouraged to report the matter in question. When investigating the matter and imposing any sanctions, this will be taken into account as far as legally possible.
    There are no costs for the reporting person.
    No, no client relationship is established. The ombudswoman is and remains an authorized representative of the BMW Foundation. However, the legal relationship between the ombudswoman and the BMW Foundation as the client creates a “(protective) effect” in favor of the reporting person. This means that the ombudswoman can provide the reporting person with informal advice on the practical issues of the individual case, but she is not able to represent your legal interests as “your” lawyer.