Data protection information for shareholders of Wacker Chemie AG
Wacker Chemie AG (referred to as "WACKER" in the following) respects the private domain of every individual. We take the protection of data relating to our shareholders very seriously. The following information relates to the processing of your personal data by WACKER and the rights to which you as a shareholder are entitled under the EU General Data Protection Regulation (GDPR).
Data Controller and responsible for data processing
Wacker Chemie AG
Tel: +49 89 6279-0
Fax: +49 89 6279-1770
You can contact WACKER's Data Protection Officer by post at the above address, adding "Data Protection Officer" below the company name, or by email at firstname.lastname@example.org.
For what purpose and what legal basis is your data processed?
We process your personal data in compliance with the EU General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG), the German Stock Corporation Act (AktG) and all other relevant legal provisions.
All WACKER shares — ordinary and preferred — are bearer shares. Unlike in the case of registered shares, WACKER does not maintain a share register within the meaning of Section 67 of the German Stock Corporation Act; such a register would contain the name, date of birth and address of the shareholder and the number of shares held.
We use your personal data (such as name, address, number of shares, type of ownership of shares, the number of your confirmation of registration, the authorization of a proxy and the issue of instruc-tions) to enable you as a shareholder to exercise your rights at the virtual Annual Shareholders’ Meet-ing. The processing of your personal data is absolutely necessary for the preparation of and the exer-cise of your rights in the Annual Shareholders’ Meeting. The legal framework for the processing of your personal data is provided by the German Stock Corporation Act (in accordance with Sections 123, 126 f., 129 AktG) in conjunction with Article 6 para. 1 c) GDPR.
We also process personal data to protect legitimate interests in the sense of Art. 6 para. 1 lit. f) GDPR. This applies in particular to questions submitted in accordance with Art. 1 para. 2 of the Act on Measures in Corporate, Cooperative, Association, Foundation and Home Ownership Law to Combat the Effects of the COVID 19 Pandemic in connection with the specifications in the notice calling the Annual General Meeting dated 25 June 2020. The name of the shareholder may be disclosed in reply. The processing is necessary in order to ensure the proper conduct of the Annual General Meeting.
In addition, we may process your personal data to meet further legal obligations such as regulatory requirements and binding provisions under stock corporation, security trading, commercial and tax law. In order to comply with provisions under stock corporation law — for example, when authorizing the proxies nominated by WACKER for the Annual Shareholders’ Meeting — we must verifiably record the data that serves as proof of authorization and store this with access protection for three years (Section 134 para. 3 sentence 5 AktG). The legal framework for the processing of said data in this case is provided by relevant legal provisions in conjunction with Article 6 para. 1 c) GDPR.
With which recipients might we share your data?
External service providers:
We make use of external service providers (Annual Shareholders’ Meeting -service providers, service providers for printing and mailing of statutory shareholder notifications) to prepare and conduct our Annual General Meetings.
We may need to transfer your personal data to other recipients, such as to public authorities, in order to fulfill legal notification obligations (e.g. if the statutory voting right thresholds are exceeded).
The service providers of WACKER appointed for the purpose of preparing and conducting the Annual Shareholders’ Meeting receive from WACKER only personal data relevant for the execution of the commissioned service, and process the data exclusively in accordance with instructions issued by WACKER.
How long do we store your data?
As a matter of principle, we will always delete your personal data as soon as it is no longer required for the aforementioned purposes, unless we are obliged to keep it stored by other statutory retention and verification regulations (e.g. pursuant to the German Stock Corporation Act, German Commercial Code or German Fiscal Code). For data gathered in relation to Annual Shareholders´ Meetings, the retention period is generally up to 3 years.
Your rights as a "data subject"
You can request information about your personal data stored at the above address. Under certain circumstances, you may also request the deletion or correction of your data or impose a processing bar or restriction (e.g. if your data is being used unlawfully). You have a right to demand that your data be transferable.
Below you will find further information about your rights – to the extent that the GDPR applies.
(i) Right of access to your personal data: to the extent provided for by applicable data protection laws, you have the right to obtain from us confirmation as to whether or not your personal data are being processed, and, where that is the case, you have the right of access to these personal data. The access information includes, among other things, the purposes of the processing, the categories of personal data concerned, the recipients or categories of recipient to whom the personal data have been or will be disclosed. This right is not absolute, however, and the interests of other persons may restrict your right of access. You further have the right to receive a copy of the personal data undergoing
processing. Should you require any further copies, we may charge a reasonable fee based on administrative costs.
(ii) Right to rectification: to the extent provided for by applicable data protection laws, you have the right to obtain from us the rectification of inaccurate personal data concerning you. Depending on the purposes of the processing, you have the right to have your incomplete personal data completed, including by means of providing a supplementary statement.
(iii) Right to erasure (right to be forgotten): to the extent provided for by applicable data protection laws, you have the right to obtain from us the erasure of personal data concerning you, and we can be required to erase such personal data.
(iv) Right to restriction of processing: to the extent provided for by applicable data protection laws, you have the right to obtain from us restriction of processing of your personal data, and we can be required to restrict the processing of your personal data. Should we be so obligated, the personal data subject to restriction will be identified as such and may be processed by us only for certain specific purposes.
(v) Right to Data Portability Right to data portability: to the extent provided for by applicable data protection laws, you have the right to receive personal data concerning you that you have provided to us in a structured, commonly used and machine-readable format, and you have the right to transmit those personal data to another entity without hindrance from us, provided that the processing is carried out by automated means and is based on consent pursuant to point (a) of Article 6 (1) GDPR or on a contract pursuant to point (b) of Article 6 (1) GDPR.
(vi) Right to object: Under certain circumstances, you have the right to object at any time, on grounds relating to your particular situation, to processing of your personal data by us based on point June 2020 (f) of Article 6 (1) GDPR (balancing of interests), and we have the obligation to no longer process your personal data.
If you have a right to object and are exercising this right, your personal data will no longer be processed by us for these purposes. You can exercise this right by contacting us as indicated below. Any right to object may be precluded if processing your personal data is necessary for entering into, or performance of, a contract between us and you.
To exercise your rights, please contact us as indicated.
Right of appeal
If you wish to object to how your data is used, you can refer the matter to WACKER's Data Protection Officer as indicated above. You also have a right of appeal to a Data Protection Supervisory Authority. The Data Protection Supervisory Authority responsible for WACKER is:
Bayerisches Landesamt für Datenschutzaufsicht
Telephone: +49 (0) 981 180093-0
Telefax: +49 (0) 981 180093-800