Whistleblower Channel User Manual

Whistleblower Channel User Manual

Introduction

The internal reporting channel is configured as an obligation to be complied with by companies pursuant to the provisions of Law 2/2023, of February 20, regulating the protection of persons who report regulatory violations and the fight against corruption.

The implementation of an internal information channel in an organization means complying with one of the basic tools that make up an organization and management model referred to in our legislative system.

This channel must offer both the whistleblower and the reported person guarantees of confidentiality and anonymity, as well as a secure means of communication, access and storage of information, and generation of evidence. Complaint channels or channels
The ethical standards are considered to be the most effective control measure among the anti-fraud and anti-corruption prevention mechanisms.

What is meant by Internal Information Channel?

The Internal Reporting Channel is the means by which employees, managers, members of the management body of EMICELA, S.A. and any third party with which the company has a relationship (suppliers, customers, external consultants, etc.) can inform the Head of the Internal Reporting System, all those irregular behaviors and contrary to our internal or external regulations, or that may involve a criminal offense.

The EMICELA, S.A. Channel aims to ensure coexistence and a good working environment in the company, which is vital for the development and growth of the entity.

Legitimized by the fulfillment of a legal obligation and a mission carried out in the public interest, such as the protection of legal assets, as well as our legitimate interest in avoiding conduct that could involve criminal liability for the company, EMICELA, S.A.
has an Internal Information Channel through the corresponding web form for the purpose of reporting any conduct that may constitute a crime.

When should it be used?

It must be used in those situations in which there is knowledge of a conduct or fact that may constitute a serious criminal or administrative violation, violation of the company’s regulations and any other illegal activity that may constitute a serious criminal or administrative violation, violation of the company’s regulations and any other illegal activity that may constitute a serious criminal or administrative violation.
contravene the interests of EMICELA, S.A.

The purpose of this User’s Manual is to encourage all employees to use the tool in good faith and to ensure that the communication is based on facts or indications from which it can reasonably be inferred that the aforementioned behaviors have taken place.
mentioned. Therefore, the communication of false information should be avoided.

The Channel is not the ideal medium to address issues related to their terms and conditions of employment. In this case, you must follow the policies established in your organization. If any of these questions are received, they will be immediately filed by the person in charge of the Internal Information System of EMICELA, S.A.

How do we process the data and who can access the information?

The Channel will collect by means of a form, even anonymously, the following information anonymously, data.

The confidentiality of the informant’s data (e-mail) is guaranteed by keeping them anonymous unless their identification constitutes a necessary and proportionate obligation imposed by EU or national law in the context of an investigation carried out by national authorities or in the context of judicial proceedings, in which case it must be communicated to the authorities competent in the matter.

Since the data is anonymous for the Internal Information System Manager, the application design itself prevents any type of retaliation against the alerter.

In any case, the data of those affected will be kept confidential and will be treated in accordance with current data protection regulations.

How long do we keep the data?

It shall be mandatory to keep all information that may serve as evidentiary support of the conduct or facts that are the object of the communication during the period of time in which there is a legal obligation to keep such documents.

In any case, the provisions of the Internal Information System Policy shall be complied with, thus, the information shall be kept for the time necessary to decide whether to initiate an investigation into the facts.

In any case, once 3 months have elapsed since the receipt of the communication without any investigation actions having been initiated, it must be deleted, unless the purpose of the conservation is to leave evidence of the operation of the system. Communications that have not been followed up may only be recorded in anonymized form, without the obligation of blocking provided for in the LOPD being applicable. The information related to the complaints that have been processed and are in the process of investigation will be kept as long as it is relevant to the process for the commission of offenses outside the channel.

How can we access to the complaints channel?

The Complaints Channel can be accessed through the following link:
https://cybersecurity.telefonica.com/sandasgrc/?organization=4DBCCFC1-7663-4379-AC05-835CEB794A0D
From this link, you will access an external provider’s platform in order to guarantee anonymity and data protection for the informant, the reported and those named in the communication.

Through the platform, you will be able to complete a form in which you can register, if completed, the e-mail address you use to receive notification of the receipt of the communication and its subsequent resolution informing you of the actions taken.
by the Organization. In no case, neither the third party provider nor the organization will know this email, since all notifications will be contained within the platform.

In the form you can provide the information you consider and upload all those files that are configured as evidence of the facts reported.

Once the form is completed, you will receive a notification of receipt and a tracking number for the communication.

Within a maximum period of 3 months, through the same mechanism, you will receive a notification that will include the resolution issued by EMICELA, S.A. and you will be informed of the actions taken.

What do we do when we receive a communication?

Once the communication is received, the Head of the Internal Information System will proceed to analyze the facts in order to determine whether to proceed to file the proceedings or to open an investigation into the facts that have been reported.
informed.

When deemed necessary, the person in charge, as the person in charge of ordering the initiation of the investigation, may request through the same tool, additional information or evidence to confirm the necessary extremes and proceed with the opening of the investigation.
corresponding investigation file.

The data of the persons involved in the communication will never be disclosed when it may involve a conflict of interest with the System Manager or the Entity’s management.

In the event that the information communicated could be directed against any of the members of the Ethics Committee acting as Head of the Internal Information System, it would be necessary to include in the form the name and surname(s) of the member(s) of the Ethics Committee and the name(s) of the person(s) in charge of the Internal Information System.
the e-mail address of the person from the Ethics Committee about whom you wish to report in the space provided in the form below in order to prevent access to it:

The person in charge has the obligation to maintain the confidentiality of all the information to which he/she may have access due to the communication made.

Finally, the supplier in charge of channel maintenance will periodically verify the correct operation of the tool.

What is the difference between an alert and a consultation?

Through the alert, you, as an informant, will be able to report any issue that you consider may be a serious infringement of both administrative and criminal nature.

Through the consultation, you can ask any question about the operation of the channel, anti-retaliation measures or deadlines in which your alert will be resolved, as well as any other issue that may arise or had its origin in the use of the Channel.

In no case may it be used for the presentation of queries other than the internal information system itself.