Information for shareholders of Talanx Aktiengesellschaft regarding data protection
You may request this information to be provided by post. Our Data Protection Officer can be reached at our postal address (please include the additional address line "Group Data Protection Officer") or by e-mail at firstname.lastname@example.org.
1. Responsible data controller / contact information for the data protection officer
+49 511 3747-2227
You can contact Talanx AG's data protection officer by post using the aforementioned address (please add the address line "Group Data Protection Officer") or via e-mail at: email@example.com.
2. Purposes and legal bases of data processing, categories of data processed
Talanx AG processes your personal data in conformity with the EU General Data Protection Regulation (GDPR), the German Data Protection Act (BDSG), the German Stock Corporation Act (AktG), the Covid-19 Insolvency Suspension Act (COVInsAG) and other relevant legal provisions.
The shares of Talanx AG are no-par-value registered shares. In accordance with Section 67 AktG, personal data must be entered in the company’s share register when issuing such registered shares. This consists of the shareholder's first name and surname, postal and electronic address details, shareholder's date of birth as well as specification of the number of shares or stock number. According to Section 67 (1), sentence 2 AktG, the shareholder is required to provide this information to the company. This notification is usually provided by the credit institutions involved in the purchase / sale and safekeeping of the shares. The credit institutions pass this information on to Talanx AG via Clearstream Banking AG, Frankfurt, which, as the central securities depository, oversees the technical processing of securities transactions and the safekeeping of shares for the credit institutions. Insofar as shareholders provide personal data of authorised proxies or representatives to Talanx AG (e.g. in the context of registration for the Annual General Meeting), this data is collected and stored accordingly (normally first name and surname as well as address).
Personal data is processed primarily for purposes of stock corporation law, commercial law and tax law such as
Data processing takes place on the legal basis of Article 6 (1) c) and (4) GDPR in conjunction with the German Stock Corporation Act. The legal basis for the processing of shareholders' personal information for purposes of identification, communication with shareholders, the exercise of shareholder rights, management of the share register and for cooperation with shareholders is Art. 6 (1) c) GDPR in conjunction with Section 67e (1) AktG.
In individual cases Talanx AG also processes your data in order to safeguard legitimate interests in accordance with Article 6 (1) f) GDPR. This is the case, for example, if personal data is processed for statistical purposes, e.g. regarding the development of the shareholder structure or trading volumes, or if, in connection with capital increases, we are required to exclude certain shareholders from information concerning rights offerings due to their nationality or place of residence so as to adhere to securities regulations of such countries.
If you make use of the electronic registration process for the Annual General Meeting via our shareholder portal, we process your data in this respect with your consent pursuant to Art. 6 (1) a) in conjunction with Art. 7 GDPR. Your consent is given freely. You may withdraw the consent that you have given at any time with effect for the future. We would, however, point out that if you withdraw your consent it may no longer be possible for us in whole or in part to make the shareholder portal available to you.
If we intend to process your personal data for any other purpose, we will inform you in advance within the framework of the legal provisions.
Annual General Meeting (AGM)
The option is available to voluntarily decide to have the AGM documents mailed to the shareholder's own e-mail address. Shareholders need to register for this in the shareholder portal. In order to successfully complete the registration, Talanx AG requires and processes the shareholder number as well as the shareholder's name and e-mail address (and optionally their phone number). Following successful registration, Talanx AG stores the necessary data (in particular the e-mail address) in the share register and processes this in order to send the AGM documents to the respective shareholder's e-mail address that is known to us. If the data is not provided in the shareholder portal's registration tool, registration cannot be successfully completed and mailing of the AGM documents to the e-mail address is not possible. In this event, Talanx AG will continue to send the AGM documents to the postal address.
In the context of a shareholder's registration for the Annual General Meeting, Talanx AG processes the necessary data stored in the share register as well as the data provided by the shareholder or communicated on this occasion by their custodian bank (in particular first name and surname, place of residence or address, e-mail address, number of shares, class of shares and type of ownership).
Insofar as the Annual General Meeting is held virtually in 2021, the data processing operations required for this purpose are justified pursuant to Art. 2 Section 1 (8) COVInsAG.
If rights are exercised in the context of the Annual General Meeting by a proxy, Talanx AG processes the shareholder's personal data indicated in the proxy authorisation as well as the first name and surname, place of residence or address and e-mail address of the proxy. If a proxy authorisation and instructions are issued to a proxy designated by Talanx AG, the instructions issued are also processed and the proxy declaration is retained by the company for three years in a verifiable form.
If voting rights are represented at the Annual General Meeting by the proxies designated by the company pursuant to Art. 53 SE Regulation in conjunction with § 129 AktG, a list of participants is kept with the following personal data: first name and surname as well as place of residence of the represented shareholder and their representative, number of shares, share class, number of voting rights and type of ownership. Insofar as a shareholder requests items to be put on the agenda, Talanx AG will announce these items and indicate the shareholder's name in accordance with the provisions of stock corporation law if the requirements are met. Similarly, Talanx AG will make countermotions and proposed nominations received from shareholders accessible on the website of Talanx AG – with specification of the shareholder's name – if the conditions are met in accordance with the provisions of stock corporation law (Art. 53 SE Regulation in conjunction with Sections 122 (2), 126 (1), 127 AktG).
3. Categories of recipients of personal data
External service providers:
Talanx AG makes use of external service providers for the management of the share register and for technical matters connected with holding the Annual General Meeting. Examples of the tasks performed by service providers that we commission in this regard are:
In the context of Talanx AG's Annual General Meeting a list of participants is compiled containing personal data of the participants. This list can be viewed by other shareholders of the company during the Annual General Meeting. Furthermore, personal data is disclosed in accordance with legal requirements in connection with the exercise of shareholder rights. This occurs in the context of publishing requests to amend the agenda (Art. 56 SE Regulation in conjunction with Section 124 (1) AktG) as well as countermotions and election nominations received from shareholders (Art. 53 SE Regulation in conjunction with Sections 126, 127 AktG). When questions are submitted in advance for the virtual Annual General Meeting, this is also disclosed (Art. 2 Section 1 (2) No. 3 COVInsAG). In addition, it may become legally necessary to pass on your personal data to other recipients such as government agencies upon materialisation of certain facts and circumstances (e.g. if statutory voting rights thresholds are exceeded, to revenue authorities or criminal prosecution authorities).
4. Data transmission to a third country
The transfer of shareholders' personal data to countries outside the European Economic Area (EEA) is not envisaged. Should, however, your personal data be transferred to third countries, such transfer will only take place if the third country has been confirmed by the European Commission as having an appropriate level of data protection or if other appropriate data protection guarantees (e.g. mandatory internal company data protection regulations or EU standard contractual clauses) are in place. Before we undertake such a transfer, we will inform you on the basis of statutory provisions.
5. Duration of data storage and criteria for determining such duration
Your personal data is erased as soon as it is no longer required for the purposes mentioned above and provided no other legal documentation and retention obligations require further storage. Such documentation and retention obligations derive from, inter alia, Section 257 of the German Commercial Code, Section 147 of the German Fiscal Code and Section 8 of the German Money Laundering Act.
Data stored in the share register will be stored during the holding period and stored for a period of ten years and subsequently anonymised following the complete sale of your shares based on legal documentation and retention obligations. Personal data will be stored should you assert legal claims or if legal claims are lodged by Talanx AG. As a general principle, this is intended to assist with clarification of claims and enforcement in individual cases. Based on the legal principles governing the statute of limitations, this can lead to a storage period of three to thirty years (Section 199 BGB).
For personal data arising in connection with Annual General Meetings, the period of storage is normally up to three years. Insofar as you authorise the proxies designated by the company for the Annual General Meeting, there is a statutory requirement to record the data used to document the authorisation in a verifiable form and retain it under access protection for three years (Section 134 (3) sentence 5 AktG). Wherever possible, your personal data is kept in anonymised form.
Retention periods commence at the end of the calendar year in which the event triggering the retention period occurs (e.g. end of shareholder status).
6. Automated decision-making and profiling
Automated decision-making and profiling is not currently envisaged. Should automated processing of your personal data involve such data being used to evaluate, analyse or predict certain personal aspects relating to you, this is known as profiling. In the event of changes Talanx AG will inform you in accordance with the legal requirements.
7. Rights of data subjects
You can request information about the data stored on your person from the aforementioned address. Under certain conditions, you can also request that your data be corrected or erased. You may also have the right to restrict the processing of your data and to have the data that you made available provided to you in a structured, commonly used and machine-readable format. Consent that has been given may be withdrawn at any time with future effect.
You can access our shareholder portal directly at hv-talanx.link-apps.de/imeet or via our company's homepage at www.talanx.com/agm. The shareholder portal gives you access to the most important information recorded about your person in the share register; you can inform us of any corrections here or via the aforementioned address. The e-mail address firstname.lastname@example.org may also be used for sending communications.
8. Right of objection
If we process your data to protect legitimate interests, you may register your objection to this processing with our data protection officer at the aforementioned address if there are reasons associated with your particular situation that oppose such data processing. We shall then no longer process your personal information unless we can demonstrate compelling legitimate grounds for processing which outweigh your interests, rights and freedoms, or if the intention of processing is to assert, exercise or defend legal claims.
9. Right to complain
You have recourse to our data protection officer (contact details as above) or a data protection supervisory authority.
The responsible data protection supervisory authority for Talanx AG is:
Die Landesbeauftragte für den Datenschutz Niedersachsen (Data Protection Commissioner for Lower Saxony)
Phone: +49 (0511) 120 45 00
Fax: +49 (0511) 120 45 99
Reservation of the right of modification
We reserve the right to modify this data privacy information at any time within the limits set by applicable laws.
Hannover, March 2021
The Board of Management