WHISTLEBLOWING
Policy
Information on the processing of personal data in the context of whistleblowing
pursuant to art.13 of EU Regulation 679/2016 GDPR
DATA CONTROLLER
The Data Controller is: Pakelo Motor Oil Srl - Viale delle Fontanelle 54 – 37047 San Bonifacio (VR) – Italy. The Data Processor for the purposes set out in this policy can be contacted at the email address: privacy@pakelo.it .
COLLECTED DATA:
The Company will collect:
- the personal data of the Whistleblower and all the data he/she may wish to provide;
- the identification data of the person alleged to have committed the offence (“Reported Person”);
- files attached to the report;
- additional data useful for investigating the report;
The confidentiality of the identity of the Reported Person is guaranteed during all phases of the internal process aimed at ascertaining his/her possible responsibility; however, this might not be possible if investigations of a certain type are necessary. In fact, the Whistleblower may be consulted during the resolution phase.
PURPOSE AND AIM OF THE PROCEDURE:
The objective of this procedure is to provide Whistleblowers with operational indications, contents, recipients and instructions on how to submit reports, as well as the forms of protection that are offered.
ANONYMOUS REPORTING:
Anyone has the right to submit an anonymous report. Please note that for a complaint to be considered valid, it must be accompanied by as much evidence in favour of the report as possible. However, the Company does not recommend anonymity for this procedure, so that the investigation can be carried out in the best way possible.
SUBJECT OF THE REPORT:
Reports concerning conduct, risks, offences or irregularities, whether committed or attempted, to the detriment of the Company, employees or third parties will be considered relevant.
The report may concern actions or omissions, whether committed or attempted:
- in violation of the law and criminally relevant (such as corruption, fraud, theft, abuse, racial or sexual discrimination)
- in violation of Company regulations/provisions that are subject to disciplinary sanctions;
- capable of causing financial damage to the Company or other interested party;
- capable of damaging the Company's reputation;
- capable of causing harm to the health or safety of employees;
- capable of causing damage to the environment.
Reports do not include complaints of a personal nature concerning the Whistleblower or complaints that are part of the employment relationship with managers or colleagues.
PROCEDURE:
Following a report, the Company will carry out an internal investigation and the report will be used in any disciplinary proceedings against the Reported Person, if the allegation is well-founded. The identity of the Whistleblower will be declared (if expressed in the form), if it is essential for the Reported Person's defence.
The personal data may be accessed by the people expressly authorised to process it by the Company, who are responsible for managing the reports, i.e. the members of the Company's Board of Directors and, if the report concerns possible unlawful conduct that constitutes or may constitute a violation or suspected violation. At the end of the investigation, the Bodies will draw up a Claim Report, which may end with a clearance or with disciplinary sanctions and/or reporting to the Competent Bodies.
All data relating to the procedures in question will be kept at the Company's headquarters in a special Register, accessible to a limited number of duly authorised and instructed people.
NO DISCRIMINATION:
No form of retaliation (such as demotion, dismissal, termination of relations) or discriminatory measures (such as unjustified disciplinary actions, harassment in the workplace and any other form of retaliation resulting in intolerable working conditions) shall be tolerated against Whistleblowers.
LIABILITY OF THE WHISTLEBLOWER:
The disciplinary liability of the Whistleblower remains suspended in the event of slanderous, defamatory or dishonest reporting (the Whistleblower him/herself being involved in the improper activities). Any form of abuse of this procedure, such as reports that are manifestly opportunistic, frivolous, malicious, for personal gain or made with the sole purpose of damaging the Reported Person or others, will also give rise to disciplinary liability. A report made in good faith, but not confirmed by verification of its validity, will not result in any consequences on the part of the Company.
