What is the whistleblowing channel?
The Internal Information System placed in Logista provides for the existence of a Whistleblowing Channel, as an appropriate and essential instrument to prevent and enforce the guidelines, principles, ethical values, as well as laws and internal regulations, adopted and applicable by/to Logista, in order to assist its members, and authorised third parties to raise any communication or information about an illegal, irregular or unethical action committed by Logista.
Which behaviors may be reported?
Communications reported through the Whistleblowing Channel shall be related to conducts, facts, behaviours and omissions that imply an irregularity, breach or behaviour that is contrary to the principles and ethical values, laws and the Code of Conduct and other internal regulations, applicable to Logista, defined as “Malpractices”. Specifically, Malpractices that may constitute or constitute an infringement of European Union Law, in the terms set forth in the applicable legislation, as well as serious or very serious administrative infringements or criminal offences can be communicated through the Whistleblowing Channel.
The Whistleblowing Channel will not be managed to solve labor inquiries, or commercial or contractual claims that must be resolved according to the legally established channels.
Neither is the appropriate mean to contact the Data Protection Officer of Logista, as the following channel should be used for such purpose: firstname.lastname@example.org.
Who are legitimate to report a complaint?
The Whistleblowing Channel is available to all members of Logista (board members, directors, legal representatives, officers, employees or persons under the authority of Logista), as well as authorised third parties (shareholders, contractors, subcontractors, suppliers, trainees, employees undergoing training, candidates, former employees, etc.).
How to report a complaint?
Complaints may be addressed, in written form, to the Logista Compliance Committee, by post mail to the address “Logista – Att. Compliance Committee – c/ Trigo, 39, Leganés (28914 Madrid) España - Spain”, or by email to the email address email@example.com.
Is it possible to report an anonymous complaint?
In Spain, complaints may be reported anonymously. In other jurisdictions, anonymous complaints may also be permitted, unless applicable national law requires the complainant to identify itself.
Key principles and guarantees of the Investigation Procedure
Logista guarantees the application of the following principles and guarantees throughout the Malpractice Investigation Procedure:
• CONFIDENTIALITY: Outside the competent bodies to receive and investigate a complaint of Malpractice, the confidentiality of the identity of the complainant is guaranteed at all stages of the Investigation Procedure, and that said identity will not be revealed to third parties or to the investigated persons.
Exceptionally and, in application of the applicable regulation, the identity of the complainant may be revealed by legal imperative to the judicial authority, the Public Prosecutor or the competent administrative authority in the context of a criminal, disciplinary or sanctioning investigation.
Similarly, the complainant or any person participating in the Investigation Procedure, either as witness or in any other capacity, must keep the complaint confidential, as well as any information that, as a result of the complaint, consultation or participation in the Procedure.
• GUARANTEE OF INDEMNITY: Logista assumes the commitment not to dismiss, sanction, retaliate or discriminate, in any other way, against the complainant of Malpractices, as well as to provide the complainant, the members assisting the complainant in the Investigation Procedure, natural persons related to the complainant, such as co-workers or family members, and legal entities in which the complainant works, has an employment or business relationship, or may have a significant shareholding interest, with the protection measures established in the applicable law.
This guarantee of indemnity shall also apply to the legal representatives of the employees, in the exercise of their functions of advisory and support of the complainant.
It is a serious or very serious employment infraction to discourage, pursue, harass or retaliate against or discriminate against a member or authorised third party who wishes to report or has reported a Malpractice.
Exceptionally, this guarantee does not apply to a report of Malpractice made by the complainant knowingly and in bad faith.
• PERFORMANCE GUARANTEE: Logista undertakes to carry out a preliminary assessment, in view of the communication of the complaint and of the evidence or proofs provided therewith, regarding the conduct or truthfulness of the conduct, facts, actions, omissions or breaches included in any complaint as a Malpractice and, if applicable, to make a prior reserved information about it, unless it is evident that the report is false, malicious or in bad faith, or when the channel of complaints is not the appropriate one to resolve them.
• FUNDAMENTAL RIGHTS AND PRESUMPTION OF INNOCENCE: Logista guarantees the respect for the fundamental rights, the presumption of innocence, the right to defense and the right to honour of the investigated or affected.
• GUARANTEE OF PROPORTIONALITY, ACCURACY AND SECURITY OF INFORMATION AND PERSONAL DATA: Personal data collected and processed within the context of the Internal Information System, will be provided and will be limited to the data objectively necessary for the application thereof, and may not be used for different purposes. In any event, the processing of such personal data shall be carried out in strict compliance with the obligations imposed by the legislation in force.