Updated: 09/01/2024 09:26
1. Introduction.
The inappropriate behavior of an employee or collaborator can significantly impact the perception and prestige of the company. For this reason, at Sancal, we actively strive to prevent and avoid any situation that could compromise our values. It is imperative that all employees and collaborators acting on behalf of Sancal do so in accordance with our legislation, our Code of Ethics, and established internal policies. The collaboration of all in detecting irregular conduct is crucial for our preventive work. In accordance with current legal provisions, especially the Spanish Penal Code and other relevant regulations, the need for preventive systems that allow identifying and managing possible legal risks within the company is reinforced. In this line, the “Whistleblowing Channel”, in harmony with our ethical and compliance principles, offers Sancal members the opportunity to report potential risks or non-compliance.
This policy details the operation of Sancal’s Whistleblowing Channel, those who can make reports, in what situations, and the procedures to follow once a report is received. All of this, of course, ensures maximum confidentiality, a fundamental pillar of this Channel. It is crucial that all members of Sancal are familiar with this tool, which undoubtedly contributes greatly to preserving our image, prestige, and reputation, protecting them collectively.
2. Users of the Whistleblowing Channel.
The Whistleblowing Channel is available to all professionals involved in our operations, including employees, managers, external collaborators, as well as customers and suppliers who are aware of any irregularity affecting the company.
Who should use the Whistleblowing Channel?
All employees, managers (any individual providing managerial services with powers of representation or organization, regardless of their contractual relationship), members of the Board of Directors, external collaborators, and all parties related to Sancal have the responsibility to report any irregularity within the specified scope, without fear of reprisals and with total confidentiality.
Who can be reported through the Whistleblowing Channel?
Any employee, manager, member of the Board of Directors, or external collaborator subject to the authority of Sancal who has committed any of the behaviors described within the specified scope in this document may be the subject of a report.
3. Reportable Conducts.
The Whistleblowing Channel covers behaviors listed in Annex I, including those classified as a crime in the Penal Code or other special laws, which may result in criminal liability for Sancal Diseño S.L. These behaviors include, among others:
| Public corruption | Deceptive advertising | Business corruption |
| Money laundering / Terrorism financing | Fraud | Smuggling |
| Punishable insolvencies | Crimes of risks caused by explosives and other agents | Frustration of execution |
| Stock market offenses | Computer damage | Crime against the rights of foreign citizens |
| Crimes related to intellectual and industrial property | Crimes against public health | Disclosure of trade secrets |
| Price fixing | Crimes against personal and family privacy | Fraudulent billing |
| Fraud against the Public Treasury | Counterfeiting of currency and stamped effects | Non-compliance with accounting obligations |
| Price fixing in public tenders and auctions | Fraud against Social Security | Crimes against workers’ rights |
| Subsidy fraud/Fraud against the general budgets of the EU | Refusal of inspection activity | Crimes against natural resources and the environment |
Additionally, any behavior contrary to the principles and conduct standards established in Sancal’s Code of Ethics can also be reported through this Whistleblowing Channel.
4. Means for Reporting
In principle, all reports should be submitted through the channels designated by Sancal.
Reports must be submitted in writing and addressed to the Corporate Ethics Unit of Sancal Diseño S.L through the following channels:
• Email: [email protected]
• Mail: Sancal Diseño S.L, “Ethics Unit” Pol. Ind. La Herrada C/ Príncipe de Asturias parcela 6B, CP 30510, Yecla (Murcia), Spain.
In both cases, the reporting party must use the mandatory report form (Annex II) available on the corporate website, in the aforementioned section. In the case of mailing the report, the attached form must be downloaded and properly filled out.
It is essential to note that only reports submitted through the indicated means will be considered received and processed. Those not conforming to these channels will be deleted and destroyed.
5. Whistleblower Protection Measures
• Prohibition of Retaliation
Whistleblowers who make reports in good faith are protected against any form of retaliation, discrimination, or penalty arising from their report. Sancal will take disciplinary measures against any retaliation directed at a good-faith whistleblower, considering actions such as dismissal, unjustified salary reduction, transfer to another workplace, or assignment of lower functions and responsibilities.
In the event that a whistleblower perceives retaliation solely for having made a report, they can communicate it to the Corporate Ethics Unit of Sancal Diseño S.L, which will study the case and take preventive or corrective measures as appropriate.
It is important to mention that the prohibition of retaliation will not hinder the adoption of disciplinary measures in case an internal investigation demonstrates that the report is false, and the whistleblower acted in bad faith, being aware of the falsehood of the facts.
• Confidentiality Regarding the Whistleblower’s Identity
Sancal guarantees maximum confidentiality regarding the whistleblower’s identity. The right of access by the accused, in accordance with the Organic Law on Data Protection, will not imply access to the personal data of the whistleblower, thus preserving their identity. Sancal commits not to reveal the whistleblower’s identity unless judicially determined otherwise.
The principle of confidentiality is fundamental in the operation of Sancal’s Whistleblowing Channel, being a pillar to ensure that whistleblowers are protected and the communication of reports is not discouraged.
• Measures for Conflicts of Interest at Sancal Diseño S.L
In situations where reports are related to the responsibilities of the Corporate Ethics Unit of Sancal Diseño S.L or when such reports may potentially create a conflict of interest for any of these parties, specific measures are established to ensure impartiality and proper management of such cases.
A conflict of interest will be considered to exist when the personal interests of any member may affect their ability to handle reports with objectivity and neutrality. This conflict may arise when reports are related to the Corporate Ethics Unit. Likewise, a conflict can be identified if the facts affect individuals with family ties (up to the third degree, inclusive) or business interests, such as ownership of shares or stakes exceeding 10% in the same company.
Therefore, if a whistleblower suspects the possibility of a conflict of interest with the Corporate Ethics Unit, they can directly submit the report to the Secretary of the Board of Directors if the conflict affects any member of that committee. In these cases, and after verifying the existence of the conflict of interest, an external expert will be appointed for the management and instruction process of the report. This appointment will not be subject to the.
6. Procedure for Handling Reports at Sancal Diseño S.L
• Receipt of Reports
Except for situations provided for in the conflict of interest , all reports will be received by the Corporate Ethics Unit of Sancal Diseño, S.L. This unit will be responsible for initially analyzing the reported facts and verifying their correspondence with the designated form. Subsequently, it will determine whether to proceed with the investigation or dismiss the report, with a maximum period of five (5) working days from its receipt to make this decision.
a) Dismissal of the report: If the report does not meet the established formal requirements or if it appears evident that the reported facts do not constitute an infringement within the scope of the Whistleblowing Channel, the Corporate Ethics Unit will dismiss the report. This decision will be notified within a maximum of two (2) working days. Under justified circumstances, the Board of Directors may annul this decision and request the admission of the report, with a maximum period of ten (10) working days from the receipt of the notification by its secretary.
b) Admission of the report and start of the investigation: If the report meets the formal requirements and there are indications that the reported facts occurred within the scope of the Whistleblowing Channel, the Corporate Ethics Unit will proceed with the admission of the report and initiate the investigation phase.
Once this stage is completed, the Corporate Ethics Unit will notify the whistleblower of the decision made within a maximum of five (5) working days, unless justified circumstances require more time.
• Investigation of Reports
Once a report is admitted, the Corporate Ethics Unit of Sancal Diseño will initiate the relevant investigations to verify the veracity of the reported facts. To do so, it may request the information and documentation necessary to clarify the events.
Sancal Diseño, S.L.’s staff will be obliged to collaborate in the investigations whenever required.
In situations where the nature of the facts indicates investigative complexity, the specialized assistance of an external expert may be sought. This collaboration will be coordinated with the Corporate Ethics Unit.
• Resolution Proposal
At the end of the investigation, two crucial steps will be taken:
• First, the Corporate Ethics Unit will present the obtained results and propose (i) to close the report or (ii) to establish a resolution.
• After this presentation, the Corporate Ethics Unit will make the decision that, in its judgment, is appropriate. If the reported facts are not sufficiently proven or do not constitute an infringement within the scope of the Whistleblowing Channel, the report and the proceedings will be closed.
If the Corporate Ethics Unit determines that the reported facts are sufficiently proven and constitute an infringement within the scope of the Whistleblowing Channel, it will issue a motivated resolution, indicating the legal measures necessary to be taken.
At any point in the procedure, the Corporate Ethics Unit may seek legal advice from an external expert hired to provide guidance on drafting the facts, their classification, or the adoption of more relevant disciplinary measures in each case.
In the case of a conflict of interest, as mentioned in the previous section 5.3, the final decision will be jointly adopted by the chairman and the secretary of the Board of Directors.
• Execution of the Sanction
The application of sanctions or corresponding disciplinary measures will be the responsibility of those authorized to do so. In the professional field, the Human Resources Department will be responsible for sanctions. If these sanctions are of a commercial nature or require legal actions, the Board will make the decision, and its execution will be carried out by individuals with sufficient authority.
7. Protection of Personal Data
In designing this Channel, Sancal Diseño S.L complies with data protection regulations, especially with Organic Law 15/1999, of December 13, on the Protection of Personal Data (“LOPD”) and its complementary regulations. It also adheres to Legal Report 0128/2007 of the Spanish Data Protection Agency on the creation of internal reporting systems in companies (mechanisms of “Whistleblowing”), and to “Report 1/2006 on the application of EU Data Protection rules to internal ‘Whistleblowing’ mechanisms in the field of accounting and internal audit controls, the fight against fraud and banking and financial crimes” from the Article 29 Working Party of the European Commission.
• Information clause on the protection of personal data
Personal data collected within the framework of Sancal Diseño, S.L.’s Whistleblowing Channel will be used exclusively to process the received reports and, if necessary, investigate the reported facts, thus complying with the provisions of Organic Law 1/2015, of March 30, and Organic Law 15/1999, of December 13, on the Protection of Personal Data.
The data obtained that result in the opening of an investigation will be integrated into the “Whistleblowing Channel” file, duly registered with the Spanish Data Protection Agency. The responsibility for this file lies with Sancal Diseño, with CIF B30035968 and address at Pol. Ind. La Herrada C/ Príncipe de Asturias parcela 6B, CP 30510, Yecla (Murcia), Spain.
The data contained in reports that are not admitted for processing will not be included in any file and will be immediately deleted.
Both the whistleblower and the accused party will be adequately informed, as appropriate, about the individuals and entities to whom their data will be communicated, respecting the guidelines established in this policy, especially regarding the possible non-disclosure of the whistleblower’s identity to the accused party.
To revoke granted consents or exercise the rights of access, rectification, cancellation, opposition, limitation, portability, and the right not to be subject to automated decisions, a written request can be sent to the postal address SANCAL DISEÑO S.L. Pol. Ind. La Herrada C/ Príncipe de Asturias parcela 6B, CP 30510, Yecla (Murcia), Spain. or an email to [email protected]. The request must include: the name and surname of the interested party, a copy of their National Identity Document or other valid document, as well as the specification of the purpose of the request.
The right of access by the accused party will be limited to their own personal data, with no access to the identity data of the whistleblower due to the confidential nature of the Whistleblowing Channel.
• Principle of Proportionality
Personal data collected in Sancal Diseño, S.L.’s Whistleblowing Channel:
• Will be strictly limited to what is necessary to process and, if necessary, verify the reality of the reported facts.
• Will be processed in accordance with data protection regulations, for legitimate and specific purposes related to the investigation arising from the report.
• Will not be used for incompatible purposes.
• Will be adequate and proportional to the mentioned purposes.
• Security and Confidentiality Measures
Sancal Diseño, S.L. will implement the necessary technical and organizational measures to ensure the security of the collected data, protecting them against unauthorized access or disclosures. It will ensure that the identity data of the whistleblower is not disclosed to the accused party during the investigation, always respecting the fundamental rights of individuals, without prejudice to the actions that competent judicial authorities may take.
APPENDIX I
Reportable Conduct
Reportable conduct through Sancal Diseño, S.L.’s Reporting Channel includes any breach of the principles and conduct standards established in the company’s Code of Ethics, available to all professionals on the Employee Portal.
| Public corruption | Deceptive advertising | Business corruption |
| Money laundering / Terrorism financing | Fraud | Smuggling |
| Punishable insolvencies | Crimes of risks caused by explosives and other agents | Frustration of execution |
| Stock market offenses | Computer damage | Crime against the rights of foreign citizens |
| Crimes related to intellectual and industrial property | Crimes against public health | Disclosure of trade secrets |
| Price fixing | Crimes against personal and family privacy | Fraudulent billing |
| Fraud against the Public Treasury | Counterfeiting of currency and stamped effects | Non-compliance with accounting obligations |
| Price fixing in public tenders and auctions | Fraud against Social Security | Crimes against workers’ rights |
| Subsidy fraud/Fraud against the general budgets of the EU | Refusal of inspection activity | Crimes against natural resources and the environment |