What is the Whistleblowing Channel?

The Whistleblowing Channel is a confidential means of communicating potential irregularities and/or behaviours that may constitute a breach of the Code of Ethics and/or the possible act of a criminal offence.

Who manages the communications?

The Whistleblowing Channel is managed by internal and external specialists, in accordance with the Code of Ethics.

Are Whistleblowing Complaints handled confidentially?

In accordance with the provisions of Law 2/2023 of 20th February , the identity of the whistleblower will not be disclosed to the person(s) to whom the facts refer or to or any third parties. The identity of the whistleblower may only be disclosed to those of whom are responsible for the investigation, provided this information is essential for the successful outcome of investigation, and that the prior consent of the informant has been obtained. CRUZBER guarantees the confidentiality of the whistleblower at all times.

How is personal data processed?

Data belonging to the whistleblower and the accused, as well as other persons/witnesses involved, will be processed in accordance with the Law 2/2023, of 20th February. Data belonging to the whistleblower, the accused, and others involved may be communicated to the appropriate authorities, e.g. police, courts and tribunals, if the reported events potentially constitute a crime. All personal data will be kept in internal files until the conclusion of the investigation or for the legal requirement duration, after which they will be deleted in accordance with GDPR (General Data Protection Regulation).

What is the process for submitting a complaint via the Whistleblowing Channel?

Any person can initiate the complaint process through the form https://cruzber.com/en/whistleblowing-channel/

It is important to complete all required fields. The complaint might be rejected by lack of information. When the complaint is registered, a reference code is assigned to it. It is very important that you keep this reference code, because the reference code and the chosen password, it will give you access to check the status of the complaint.

Upon receipt, the HR Department will analyse and evaluate the whistleblowing complaint, in accordance with the criteria specified in the Code of Ethics, and make a judgement on whether the whistleblowing complaint should be admitted.

All admitted whistleblowing complaints undergo an internal investigation process, comprising inquiries and data collection to establish the facts of the whistleblowing complaint.

At the conclusion of the investigation, the HR Department will publish a report, detailing the case, the investigation and its resolution. If the facts appear to constitute a crime, the report and personal data will be forwarded to the relevant authorities.

The maximum resolution time of a whistleblowing complaint case is 90 days from the day following the registration of the whistleblowing complaint in the Whistleblower Channel.

Which are the grounds for not upholding a Whistleblowing Complaint?

The whistleblowing complaint must correspond to irregularities with CRUZBER’s Code of Ethics, constitute an unlawful act, or constitute an act contrary to applicable regulations. Whistleblowing complaints that do not contain all the required information, do not constitute an ethical breach or non-compliance, or do not provide sufficient detail to determine whether there is a potential irregularity, will not be admitted for processing.

What are the various statuses of a Whistleblowing Complaint?

The status of a whistleblowing complaint can be consulted at any time by entering the reference number and the password chosen at the time of registering the whistleblowing complaint into the Whistleblowing Channel. The status of a whistleblowing complaint can be:

• Pending if the whistleblowing complaint has not yet been read by the HR department.
• Admitted if the whistleblowing complaint is under investigation.
• Unadmitted if the whistleblowing complaint does not meet the criteria for admission. The reason for inadmissibility will be reflected in the “Comments” box.
• Resolved in case of admitted complaints, actions taken after the resolution of the case will be reflected in the “Comments” box.

What actions are taken after resolution?

The HR Department may take the following actions after the resolution of each case:

• Close the file if no facts of non-compliance with the Code of Ethics are observed or due to a lack of evidence.
• Apply internal corrective measures.
• Alert the relevant authorities.

What happens if a false or malicious whistleblowing complaint is made?

Whistleblowing complaints made by someone impersonating an informant’s identity, submitting facts that are known to be untrue, or involve persons who have had no involvement to an event shall be considered to malicious. Reports of false or malicious whistleblowing complaints will be subject to legal and/or disciplinary action against the perpetrator(s).

What are the rights of personnel implicated by a Whistleblowing Complaint?

Personnel implicated by a whistleblowing complaint have the right to know the details of an admitted whistleblowing complaint, although the whistleblower’s personal data will not be disclosed. Respect for the presumption of innocence and the right of defence, the right to rebuttal, and the preservation of the accused’s identity and confidentiality will be ensured.