This is to inform you as our shareholders about the processing of your personal data by MTU Aero Engines AG, Munich (“MTU”) and your rights according to data protection laws. We take the protection of your private data seriously. We attach great importance to protecting your privacy while processing personal data, and take it into account in our business processes.
1. Responsible for data processing
The controller in the sense of the EU General Data Protection Regulation, the German Federal Data Protection Act as well as other privacy law provisions is:
MTU Aero Engines AG
Dachauer Strasse 665
The data privacy officer of MTU is:
MTU Aero Engines AG
Dachauer Strasse 665
Computershare Deutschland GmbH & Co.KG, Munich is tasked with keeping the share register of MTU.
2. Purpose, scope and legal basis of the data processing
We process your personal data in compliance with the EU Data Protection Regulation (DSGVO), the Federal Data Protection Act (BDSG), the Stock Corporation Act (AktG), as well as all other relevant regulations.
Because the MTU shares are registered shares, we are obliged pursuant to section 67, paragraph 1 AktG to collect personal data. Accordingly, your name, your address, your date of birth and, from 2020 onwards, your e-mail address as well as the number of shares and your shareholder number must be entered in the share register. The data will be collected regularly by the competent credit institutes (banks)in case of an acquisition or storage. These credit institutes may collect additional data required for the management of the share register, such as nationality and gender.
The banks submit the data to Clearstream Banking AG, Eschborn, which acts as depositary for MTU. Clearstream BankingAG will then transmit the data to the share registrar of MTU.
Furthermore, we are currently entering your email address in the share register on a voluntary basis.
The data collected in this way is used for the purposes governed by stock legislation, such as maintaining the share register and the invitation and execution of the annual general meetings. In addition, we use the data for statistical purposes, such as for example the representation of shareholder development or the number of share transactions. Your personal data may also be used to comply with regulatory requirements, or stock, trade or tax obligations, such as proof of authorization to the proxies according to § 134, paragraph 3 Set of 5 German Stock Corporation Act (AktG). Legal basis for the collection and use of data is German Stock Corporation Act in conjunction with article 6, paragraph 1c) and 4 of the DSGVO. Your personal data is not used for any other purpose.
3. Passing on personal data
MTU makes use of external service providers to the management of the share register (see paragraph 1) and the processing of the annual general meeting (AGM service providers, printers, shipping provider), that will have access to your personal to perform these tasks. Agreements on order data processing according to Art. 28 DSGVO have been concluded with these service providers. A further transfer of your personal data may take place to authorities in order to meet statutory reporting obligations in case certain voting right thresholds have been exceeded. Further, other shareholders at the annual general meeting can gain insight into the participant directory that must be compiled and made accessible according to German Stock Corporation Act section 129.
4. Data deletion and storage time
The personal data of the affected person shall be erased or blocked as soon as the purpose of storage ceases to apply. Investments, commercial or fiscal retention obligations may provide for a retention period of up to 10 years. A storage can be done also for the time in which claims might be asserted against us, i.e. for the statutory limitation period.
5. Your rights as a data subject
You may request information about your personal data processed by MTU at the address referred to in paragraph 1. You may ask MTU to rectify and/or complete your personal data if your personal data are incorrect or incomplete. To do this, you can use outgoing templates for example with the invitation to the annual general meeting. We will make the correction without undue delay. Further, you have the right to restrict the processing or deletion of your personal data under certain conditions, if we do not need your data in order to comply with our legal obligations. You furthermore have the right to view your personal data that we process following corresponding authorisation.
6. Right of withdrawal
If your data is processed by us to protect legitimate interests, you may contradict at any time such processing at the address referred to in paragraph 1, if reasons result from your particular situation that contradict this data processing. We will then stop processing, unless MTU can demonstrate compelling protection worthy reasons for processing that outweigh your interests, rights and freedoms.
7. Right to appeal to a supervisory authority
Without prejudice to another administrative or judicial appeal, you have the right to complain to our data privacy officer at the address specified under paragraph 1 or the responsible supervisory authorities:
Bayerisches Landesamt für Datenschutzaufsicht, Promenade 27, D-91522 Ansbach, Germany www.lda.bayern.de/de/kontakt.html
Date of this information: November 2019