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  • Information about the Processing of Your Personal Data for the Virtual Annual General Meeting of HORNBACH Holding AG & Co. KGaA

    HORNBACH attaches great priority to protecting the personal data collected and processed in connection with the virtual Annual General Meeting of HORNBACH Holding AG & Co. KGaA (HORNBACH). We process your personal data in accordance with the EU General Data Protection Regulation (GDPR), the German Data Protection Act (BDSG), the German Stock Corporation Act (AktG), the German Act on Measures in Company, Cooperative, Association, Foundation, and Home Owner-ship Law to Combat the Effects of the COVID-19 Pandemic (COVID-19-Gesetz), and all other relevant legal requirements. Information about the processing of personal data in connection with the virtual Annual General Meeting is summarized and presented below.

    1 Who is responsible for processing the data?

    The responsible body is:

    HORNBACH Holding AG & Co. KGaA

    Hornbachstrasse 11

    76879 Bornheim

    2 How can I contact the data protection officer?

    You can contact the data protection officer by post at:

    HORNBACH Holding AG & Co. KGaA

    - Data Protection Officer -

    Hornbachstrasse 11

    76879 Bornheim

    or by e-mail at:

    datenschutz@hornbach.com

    3 What personal data of yours do we use?

    We process the following personal data of yours and/or your authorized parties:

    • First name, surname
    • Contact data (e.g. address and, if applicable, the name of the shareholder representative authorized by the respective shareholder)
    • Share-related data (e.g. number of shares registered)
    • Administration data (e.g. number of AGM ticket)
    • Communication data (e.g. e-mail address)
    • Voting conduct and voting instructions

    We also process data and information relating to participation in the virtual Annual General Meeting and the exercising by electronic communication of voting rights, the right to submit questions, and rights of objection at the virtual Annual General Meeting.

    We may also process further personal data relating to submissions, questions, election proposals, and motions submitted by shareholders and guests.

    4 What are the sources of the data collected?

    Unless the personal data is provided by you or your shareholder representative upon registration for the Annual General Meeting, your account-holding bank or any third party involved in the registration process communicates the personal data of the share-holders or shareholder representatives to HORNBACH. Should a voting proxy exercise your voting rights, then this proxy communicates personal data to HORNBACH.

    Furthermore, we and the service providers we commission receive personal data resulting from your participation in the virtual Annual General Meeting and, if applicable, the exercising of your rights at the virtual Annual General Meeting.

    5 What purposes do we process your data for and what is the legal basis for this?

    We process your personal data to enable you to participate in and exercise your rights at the virtual Annual General Meeting. Furthermore, we process your personal data for purposes which include compliance with legal obligations, the protection of a legitimate interest, or based on the consent you have provided. Specifically:

    5.1 To comply with legal obligations (Art. 6 (1) c GDPR)

    HORNBACH is legally obliged to hold the Annual General Meeting in accordance with the requirements of § 118 et seq. AktG in conjunction with § 1 COVID-19-Gesetz. In this context, personal data is processed for the following purposes:

    • To manage participation in the Annual General Meeting
    • To comply with obligations under stock corporation law (e.g. compiling a register of participants, compiling a protocol of proceedings at the Annual General Meeting)
    • Exercising of shareholder rights (e.g. documenting questions, objections)

    As well as for the aforementioned purposes, personal data is also used where applicable to comply with further legal obligations, such as supervisory requirements, and to satisfy statutory retention requirements under stock corporation, securities, commercial and tax law. The legal basis for this processing is provided by the respective legal requirements in conjunction with Article 6 (1) Sentence 1, Letter c) GDPR.

    5.2 Due to a legitimate interest (Art. 6 (1) f GDPR)

    We process your personal data to protect our legitimate interest in the organization and orderly execution of the virtual Annual General Meeting. This also applies to the participation of guests.

    6 Who is your data passed on to?

    To enable us to comply with our contractual and legal obligations, your personal data is disclosed to various public and internal bodies, as well as to external service providers.

    6.1 Within the HORNBACH Group

    Your data is processed by the HORNBACH employees entrusted with organizing the virtual Annual General Meeting, including employees from other companies within the HORNBACH Group.

    6.2 To external service providers

    To organize the virtual Annual General Meeting, HORNBACH commissions external service providers, e.g. service providers to organize the virtual Annual General Meeting, to print and send the invitations to the virtual Annual General Meeting and shareholder notifications, and to execute the virtual Annual General Meeting itself (mainly to review participation, provide technical infrastructure for voting, and document the virtual Annual General Meeting). These providers only receive that personal data from HORNBACH that is necessary for them to perform the service thereby commissioned and process such data exclusively in accordance with HORNBACH’s instructions.

    6.3 To the Commercial Register

    The protocol and accompanying annexes have to be submitted to the Commercial Register immediately after the virtual Annual General Meeting and remain there on a permanent basis. Shareholder actions documented in the protocol (e.g. objections) are then publicly available in the register files for anyone to inspect.

    6.4 To other recipients

    HORNBACH may also be obliged to communicate your personal data to other recipients, such as public authorities in order to comply with statutory notification duties (e.g. if legally defined voting right thresholds are exceeded).

    7 Will your data be transferred to countries outside the European Union (“third countries”)?

    Personal data is not transferred to countries outside the European Union and the European Economic Area.

    8 How long will your data be stored for?

    In general, your personal data will be deleted or anonymized as soon as it is no longer required for the aforementioned purposes and we are not obliged by statutory documentation and storage requirements (under the German Stock Corporation Act, the German Commercial Code, the German Tax Code, or other legal requirements) to store the data for longer periods.

    9 What happens if you do not provide your personal data?

    Should you not provide your personal data then you cannot participate in the virtual An-nual General Meeting yourself.

    You nevertheless have the option of being represented on an anonymous basis at the virtual Annual General Meeting. In this case, the personal data of the authorized party is processed accordingly.

    10 What rights do you have in connection with the processing of your data?

    You have the following rights in respect of the personal data collected:

    10.1 Access and rectification

    Every data subject has rights of access under Art. 15 GDPR and of rectification under Art. 16 GDPR.

    The right of access is subject to the restrictions stipulated in § 34 of the Ger-man Data Protection Act (BDSG).

    10.2 Erasure and restriction

    Data subjects have the right to have their data erased under Art. 17 GDPR and to have processing restricted under Art. 18 GDPR.

    The right to erasure is subject to the restrictions stipulated in § 35 of the German Data Protection Act (BDSG).

    10.3 Data portability

    Data subjects have the right to portability of personal data collected under Art. 20 GDPR.

    10.4 Right to object

    Pursuant to Art. 21 (1) GDPR, you have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Art. 6 (1) f GDPR (data processing to protect a legitimate interest).

    Should you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights, and freedoms, or the processing serves the establishment, exercise, or defense of legal claims.

    10.5 Right to lodge a complaint

    You have a right to lodge a complaint with the relevant supervisory authority (Art. 77 GDPR in conjunction with § 19 BDSG).

    10.6 Exercising your rights

    To exercise your rights, you may turn to the responsible body or the Data Protection Officer, whose contact details are presented above. Any inquiry you make will be dealt with immediately and in accordance with legal requirements. You will be notified of any measures taken.

    11 Amendments to this information

    If any material changes arise in the purpose or manner of processing your personal data, we will promptly update this information and inform you of such amendments in good time.

    Download: PDF (122.78 kB)

  • Information about the Processing of Your Personal Data for the Virtual Annual General Meeting of HORNBACH Baumarkt AG

    HORNBACH attaches great priority to protecting the personal data collected and processed in connection with the virtual Annual General Meeting of HORNBACH Baumarkt AG (HORNBACH). We process your personal data in accordance with the EU General Data Protection Regulation (GDPR), the German Data Protection Act (BDSG), the German Stock Corporation Act (AktG), the German Act on Measures in Company, Cooperative, Association, Foundation, and Home Ownership Law to Combat the Effects of the COVID-19 Pandemic (COVID-19-Gesetz), and all other relevant legal requirements. Information about the processing of personal data in connection with the virtual Annual General Meeting is summarized and presented below.

    1 Who is responsible for processing the data?

    The responsible body is:

    HORNBACH Baumarkt AG

    Hornbachstrasse 11

    76879 Bornheim

    2 How can I contact the data protection officer?

    You can contact the data protection officer by post at:

    HORNBACH Baumarkt AG

    - Data Protection Officer -

    Hornbachstrasse 11

    76879 Bornheim

    or by e-mail at:

    datenschutz@hornbach.com

    3 What personal data of yours do we use?

    We process the following personal data of yours and/or your authorized parties:

    • First name, surname
    • Contact data (e.g. address and, if applicable, the name of the shareholder representative authorized by the respective shareholder)
    • Share-related data (e.g. number of shares registered)
    • Administration data (e.g. number of AGM ticket)
    • Communication data (e.g. e-mail address)
    • Voting conduct and voting instructions

    We also process data and information relating to participation in the virtual Annual General Meeting and the exercising by electronic communication of voting rights, the right to submit questions, and rights of objection at the virtual Annual General Meeting.

    We may also process further personal data relating to submissions, questions, election proposals, and motions submitted by shareholders and guests.

    4 What are the sources of the data collected?

    Unless the personal data is provided by you or your shareholder representative upon registration for the Annual General Meeting, your account-holding bank or any third party involved in the registration process communicates the personal data of the shareholders or shareholder representatives to HORNBACH. Should a voting proxy exercise your voting rights, then this proxy communicates personal data to HORNBACH.

    Furthermore, we and the service providers we commission receive personal data resulting from your participation in the virtual Annual General Meeting and, if applicable, the exercising of your rights at the virtual Annual General Meeting.

    5 What purposes do we process your data for and what is the legal basis for this?

    We process your personal data to enable you to participate in and exercise your rights at the virtual Annual General Meeting. Furthermore, we process your personal data for purposes which include compliance with legal obligations, the protection of a legitimate interest, or based on the consent you have provided. Specifically:

    5.1 To comply with legal obligations (Art. 6 (1) c GDPR)

    HORNBACH is legally obliged to hold the Annual General Meeting in accordance with the requirements of § 118 et seq. AktG in conjunction with § 1 COVID-19-Gesetz. In this context, personal data is processed for the following purposes:

    • To manage participation in the Annual General Meeting
    • To comply with obligations under stock corporation law (e.g. compiling a register of participants, compiling a protocol of proceedings at the Annual General Meeting)
    • Exercising of shareholder rights (e.g. documenting questions, objections)

    As well as for the aforementioned purposes, personal data is also used where applicable to comply with further legal obligations, such as supervisory requirements, and to satisfy statutory retention requirements under stock corporation, securities, commercial and tax law. The legal basis for this processing is provided by the respective legal requirements in conjunction with Article 6 (1) Sentence 1, Letter c) GDPR.

    5.2 Due to a legitimate interest (Art. 6 (1) f GDPR)

    We process your personal data to protect our legitimate interest in the organization and orderly execution of the virtual Annual General Meeting. This also applies to the participation of guests.

    6 Who is your data passed on to?

    To enable us to comply with our contractual and legal obligations, your personal data is disclosed to various public and internal bodies, as well as to external service providers.

    6.1 Within the HORNBACH Group

    Your data is processed by the HORNBACH employees entrusted with organizing the virtual Annual General Meeting, including employees from other companies within the HORNBACH Group.

    6.2 To external service providers

    To organize the virtual Annual General Meeting, HORNBACH commissions external service providers, e.g. service providers to organize the virtual Annual General Meeting, to print and send the invitations to the virtual Annual General Meeting and shareholder notifications, and to execute the virtual Annual General Meeting itself (mainly to review participation, provide technical infrastruc-ture for voting, and document the virtual Annual General Meeting). These pro-viders only receive that personal data from HORNBACH that is necessary for them to perform the service thereby commissioned and process such data exclusively in accordance with HORN-BACH’s instructions.

    6.3 To the Commercial Register

    The protocol and accompanying an-nexes have to be submitted to the Commercial Register immediately after the virtual Annual General Meeting and remain there on a permanent basis. Shareholder actions documented in the protocol (e.g. objections) are then publicly available in the register files for anyone to inspect.

    6.4 To other recipients

    HORNBACH may also be obliged to communicate your personal data to other recipients, such as public authorities in order to comply with statutory notification duties (e.g. if legally defined voting right thresholds are exceeded).

    7 Will your data be transferred to countries outside the European Union (“third countries”)?

    Personal data is not transferred to countries outside the European Union and the European Economic Area.

    8 How long will your data be stored for?

    In general, your personal data will be deleted or anonymized as soon as it is no longer required for the aforementioned purposes and we are not obliged by statutory documentation and storage requirements (under the German Stock Corporation Act, the German Commercial Code, the German Tax Code, or other legal requirements) to store the data for longer periods.

    9 What happens if you do not provide your personal data?

    Should you not provide your personal data then you cannot participate in the virtual Annual General Meeting yourself.

    You nevertheless have the option of being represented on an anonymous basis at the virtual Annual General Meeting. In this case, the personal data of the authorized party is processed accordingly.

    10 What rights do you have in connection with the processing of your data?

    You have the following rights in respect of the personal data collected:

    10.1 Access and rectification

    Every data subject has rights of access under Art. 15 GDPR and of rectification under Art. 16 GDPR.

    The right of access is subject to the restrictions stipulated in § 34 of the Ger-man Data Protection Act (BDSG).

    10.2 Erasure and restriction

    Data subjects have the right to have their data erased under Art. 17 GDPR and to have processing restricted under Art. 18 GDPR.

    The right to erasure is subject to the restrictions stipulated in § 35 of the German Data Protection Act (BDSG).

    10.3 Data portability

    Data subjects have the right to portability of personal data collected under Art. 20 GDPR.

    10.4 Right to object

    Pursuant to Art. 21 (1) GDPR, you have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concern-ing you which is based on Art. 6 (1) f GDPR (data processing to protect a legitimate interest).

    Should you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights, and freedoms, or the processing serves the establishment, exercise, or defense of legal claims.

    10.5 Right to lodge a complaint

    You have a right to lodge a complaint with the relevant supervisory authority (Art. 77 GDPR in conjunction with § 19 BDSG).

    10.6 Exercising your rights

    To exercise your rights, you may turn to the responsible body or the Data Pro-tection Officer, whose contact details are presented above. Any inquiry you make will be dealt with immediately and in accordance with legal requirements. You will be notified of any measures taken.

    11 Amendments to this information

    If any material changes arise in the purpose or manner of processing your personal data, we will promptly update this information and inform you of such amendments in good time.

    Download: PDF (142.64 kB)

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HORNBACH Holding
Financial Update: 1st Quarter of 2022/2023 as of May 31, 2022
HORNBACH Baumarkt
Annual General Meeting HORNBACH Baumarkt AG

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