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Chaberton Italia Srl has implemented, pursuant to Legislative Decree 24/2023, an internal reporting system for reporting violations to allow individuals identified by law to report violations of national or European Union regulations that may harm public interest or the integrity of the company, which they have become aware of in a public or private work context. 

What does the legislation provide? 

In implementation of Directive (EU) 2019/1937, Legislative Decree no. 24 of March 10, 2023, was issued concerning “the protection of persons reporting violations of Union law and provisions on the protection of persons reporting violations of national regulations.” 

Who can make a report? 

The following subjects can make reports: 
employees;
former employees;
interns;
collaborators;
suppliers;
consultants; 
shareholders and persons with administrative, managerial, control, supervisory, or representative functions. 

What can be reported? 

There is no exhaustive list of crimes or irregularities that can be the subject of whistleblowing. 
Relevant reports are considered those concerning behaviors, risks, crimes, or irregularities, committed or attempted, to the detriment of public interest. 

According to the above legislation, the report must concern behaviors, acts, or omissions that consist of: 

• administrative, accounting, civil, or criminal offenses; 

• illicit conduct relevant under Legislative Decree no. 231/2001 or violations of the organizational and management models provided therein; 

• offenses falling within the scope of Union or national acts related to the following sectors: public procurement; financial services, products, and markets; prevention of money laundering and terrorist financing; product safety and compliance; transport safety; environmental protection; radiation protection and nuclear safety; food and feed safety and animal health and welfare; public health; consumer protection; protection of privacy and personal data and security of networks and information systems; 

• acts or omissions that harm the financial interests of the Union; 

• acts or omissions concerning the internal market, such as violations of competition and State aid rules; 

• acts or behaviors that frustrate the purpose or objectives of the provisions of Union acts. 

What should not be reported? 

• Disputes, claims, or requests related to a personal interest of the reporting person or the person who filed a complaint with the judicial or accounting authority that relate exclusively to their individual employment or public employment relationships, or related to their hierarchical superiors; 

• Reports of violations already mandatory under Union or national acts or those national acts that implement Union acts; 

• Reports of violations related to national security, as well as contracts related to aspects of defense or national security unless these aspects fall within the relevant Union derived law. 

In any case, before making a report, the reporting person must have a reasonable and well-founded reason to believe that the information regarding the violations to be reported is true and falls within the provisions of the applicable regulations. 

What protections are provided for the reporting person? 

Each report is extremely confidential and, therefore, is managed with the utmost confidentiality in full compliance with applicable regulations, including the protection of the personal data of the reporting person. In this regard, it is reminded that it is possible to make reports also anonymously. 

The measures to protect the reporting person are: 

1) prohibition of retaliation: the reporting person cannot suffer retaliation solely for the act of reporting. Retaliation includes: 

• dismissal, suspension, or equivalent measures; 

• demotion or failure to promote; 

• change in functions, change of workplace, 

• salary reduction, change in working hours; 

• suspension of training or any restriction of access to it; 

• negative notes or negative references; 

• adoption of disciplinary measures or other sanctions, including pecuniary ones; 

• coercion, intimidation, harassment, or ostracism; 

• discrimination or other unfavourable treatment; 

• failure to convert a fixed-term employment contract into an indefinite-term contract, where the worker has a legitimate expectation of such conversion; 

• non-renewal or early termination of a fixed-term employment contract; damages, including to the person’s reputation, especially on social media, or economic or financial prejudices, including loss of economic opportunities and loss of income; 

• inclusion in improper lists based on a formal or informal sectoral or industrial agreement, which may make it impossible for the person to find employment in the sector or industry in the future; 

• early termination or cancellation of a contract for the supply of goods or services; 

• cancellation of a license or permit; 

• request for psychiatric or medical examinations. 

2) Support measures: a list of third-sector entities is established at the National Anti-Corruption Authority (ANAC) from which the reporting person can receive support measures such as information, assistance, and advice free of charge. 

3) Protection from retaliation: there is the possibility of reporting to ANAC the retaliation suffered by the reporting person. 

Are extensions of whistleblower protection provided? 

Yes. The measures to protect the reporting person also apply to: 

– to the facilitator (a natural person who assists the reporting person in the reporting process, operating within the same work context and whose assistance must remain confidential); 

– to persons in the same work context as the reporting person, the one who filed a complaint, or the one who made a public disclosure, and who are linked to them by a stable emotional or family relationship within the fourth degree; 

– to colleagues of the reporting person or the person who filed a complaint or made a public disclosure, who work in the same work context as them and who have a habitual and current relationship with that person. 

– to entities owned by the reporting person or for which the same persons work, as well as to entities operating in the same work context as the aforementioned persons. 

Are there cases of loss of protections? 

Yes. When it is ascertained, even with a first-instance judgment, the criminal liability of the reporting person for the crimes of defamation or slander or in any case for the same crimes committed with the report to the judicial or accounting authority or their civil liability, for the same title, in cases of willful misconduct or gross negligence, protections are not guaranteed, and the reporting person or complainant is subject to a disciplinary sanction. 

How are reports managed? 

To maximize the protection of the “reporting person” and the “reported person,” all necessary security measures have been adopted: regardless of the choice made by the “reporting person” to make a report anonymously or not, the confidentiality of the identity of the writer and the content of the report is guaranteed through secure protocols and encryption tools that protect personal data and information provided. The identity of the reporting person is never disclosed without their consent, except in cases provided for by current legislation. The body currently responsible for managing reports is a special internal office, which, in the case of reports related to the aforementioned controlled companies, will forward the report to the respective competent offices. 

INTERNAL REPORTING CHANNELS 

Reports are made in writing, orally, or by appointment. 

Reports are made in writing through a computer application for acquiring and managing reports of illicit acts. The “company name” makes available on the “institutional website,” a computer application for acquiring and managing reports of illicit acts. The Platform allows the compilation, sending, and receipt of reports of alleged illicit acts as well as the possibility of communicating confidentially with the reporting person without knowing their identity. The latter, in fact, is segregated from the computer system, and the reporting person, thanks to the use of a unique identification code generated by the system, can “dialogue” with the ODV anonymously and depersonalized through the computer platform. The system allows you to choose whether to provide your identification data or not. The reporting person, even if initially did not provide their identity, can do so later for the purpose of obtaining any legal protection; 

How to make a report for a user not registered with the reporting portal: 

Access the link https://www.ourwhisper.it/chabertonitalia/new/report or https://www.ourwhisper.it/chabertonitalia/outside/new-report ; 

Proceed by clicking the “REPORT ABUSE” button; 

At this point, it will be possible to proceed with the report: 

a) Anonymously without filling in personal data. 

b) Confidentially but in any case with the confidentiality guarantees provided by the law. 

Once the reporting method is established, the reporting person will proceed by filling out the form, also choosing the company for which the report is intended 

External reporting channel 

The reporting person can submit a report through the external reporting channel established by ANAC in the following cases: 

The reporting person has made a report through the internal reporting channel, but the report has not been followed up or has ended with a negative measure; 

The reporting person has good reason to believe that the internal report would not be followed up, or that it could involve a high risk of retaliation; 

The reporting person believes that the violation could pose an imminent or obvious danger to public interest. 

Public disclosures 

The reporting person can proceed with a public disclosure in the following cases: 

The reporting person has already submitted an internal and external report or directly an external report and there has been no response; 

The reporting person has a good reason to believe that the violation could constitute an imminent or obvious danger to public interest; 

The reporting person has good reason to believe that the external report could pose a risk of retaliation or not have any follow-up. 

Responsibility of the reporting person 

This procedure does not affect the criminal and disciplinary liability of the reporting person in the event of a bad faith report under the criminal code and art. 2043 of the civil code. 

They are also a source of responsibility, in disciplinary and other competent venues, any forms of abuse, such as manifestly opportunistic reports and/or made solely to damage the denounced or other subjects, and any other hypothesis of improper use or intentional instrumentalization of the institute subject to this procedure. 

PHASE 1 – In case of a positive outcome of the preliminary assessment of the validity of the report, the ODV  proceeds with the start of internal checks and investigations in order to gather additional information in detail and verify the validity of the reported facts through direct checks or with the help of consultants or internally qualified structures. 

PHASE 2 – The verification phase concludes with the drafting of a specific Report, which formalizes the context of reference of the report, the normative and procedural framework of reference, the verification activities carried out, and the related results/observations obtained. The Report also proposes the actions to be taken in relation to each observation/finding formulated. 

In the case of Reports that concern subjects tasked with deciding on any disciplinary measures, complaints, or other actions, the ODV immediately involves the President of the Board of Directors and/or CEO, in order to coordinate and define the subsequent investigation process. 

In the case of Reports concerning the President of the Board of Directors and/or the CEO, the Supervisory Body immediately notifies the Board of Statutory Auditors. 

PHASE 3 – The results of the evaluations of all the Reports received are included in a specific reportwhich will be the subject of periodic information to the Board of Directors/Board of Statutory Auditors. The ODV is responsible for promptly reporting to the BoD and the Board of Statutory Auditors any violation of the Model or unlawful and/or illegal conduct, of which it has become aware through reports from employees and/or collaborators, which it deems well-founded or which it has itself ascertained.The ODV also has an obligation to immediately inform the Board of Statutory Auditors, as well as the BoD, if the violation concerns the top management of the Company. 

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