INTERNAL INFORMATION SYSTEM
In compliance with Law 2/2023, of February 20, 23, regulating the protection of persons who report regulatory violations and the fight against corruption (the "Law 2/2023"), the companies MASIAS INVEST, S.L., MASIAS MAQUINARIA, S.L., FLUVITEX, S.L. and TEXTIL BLANCA 1941, S.L.U.(hereinafter, jointly, "MASIAS" or the "companies") state that they have an Internal Information System, being the company MASIAS INVEST, S.L. responsible for the processing of personal data in accordance with the provisions of current legislation in this area.
In order to strengthen the culture of information and integrity infrastructures of MASIAS, and to promote the culture of communication as a mechanism to prevent actions or omissions that may constitute breaches of EU, criminal or serious or very serious administrative regulations, as well as labor breaches in occupational health and safety, MASIAS has a person Responsible for Criminal Compliance (RCP) who is also Responsible for the Internal Information System (RSIIF) (hereinafter, the "RCP/RSIIF" person). For these purposes, MASIAS has appointed as such the person who holds the position of Quality, Safety and Environment Manager.
Information related to the areas mentioned in the previous paragraph may be submitted to the RCP/RSIIF by any of the following means:
- To the e-mail address: compliance@masias.com
- To the postal address: Major de Santa Magdalena, 1, Sant Joan les Fonts (17857) (to the attention of the person RCP/RSIIF).
- By telephone: by calling 972293150, asking for the RCP/RSIIF person.
- Requesting a face-to-face meeting with the RCP/RSIIF person through the e-mail address mentioned above, which must be held within seven days.
Information communicated verbally shall be documented in one of the following ways, subject to the consent of the informant:
- a) By means of a recording of the conversation in a secure, durable and accessible format.
(*) The informant will be warned that the communication will be recorded and will be informed of the processing of his/her data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR or General Data Protection Regulation).
- b) Through a complete and accurate transcript of the conversation made by the RCP/RSIIF person.
(*) Without prejudice to his or her rights under data protection regulations, the informant shall be given the opportunity to verify, rectify and agree to the transcription of the conversation by signing it.
MASIAS' Internal Information System complies with the requirements of Article 5.2 of Law 2/2023, that is:
a) Allows persons to whom Law 2/2023 applies to communicate information, by various means, on the offenses provided for in Article 2 of the law.
b) - It is managed in a secure manner, guaranteeing that the communications can be effectively processed within the companies, as well as the confidentiality of the identity of the informant and of any third party mentioned in the communication and of the actions carried out in the management and processing of the same, as well as data protection, preventing access by unauthorized personnel.
c) - It has a Protocol for the use of the Ethics Channel and the actions of the person in charge of Criminal Compliance and the Internal Information System, which establishes guarantees for the protection of informants, essentially:
- Proof of receipt within seven calendar days of receipt of the information.
- Ordinary maximum period of three months to respond to the proceedings of the investigation, under the terms of Article 9 of Law 2/2023, filling out and diligently keeping a Book-Register of Information.
- Possibility of maintaining communication with the informant.
- Establishment of the right of the affected person to be informed of the actions or omissions attributed to him/her and to be heard.
- Guarantee of confidentiality when the communication is sent through non-established reporting channels or to personnel not responsible for its treatment, as well as the obligation for the person receiving it to immediately forward it to the RCP/RSII person.
- Respect for the presumption of innocence and the honor of the persons concerned.
- Compliance with the provisions on Data Protection (Title VI Law 2/2023).
- Commitment to immediately submit the information to the Public Prosecutor's Office, when the facts could be indicative of a crime.
II.- PROCESSING OF PERSONAL DATA
MASIAS INVEST, S.L. will treat, as responsible for the treatment, the personal data included in the communications received and covered by the Law 2/2023, in order to manage them and initiate, if necessary, the corresponding investigation procedure and take corrective measures, if necessary.
The legal basis for the processing will be compliance with the obligations imposed by Law 2/2023. If the communication contains data of a special nature, such data will only be processed when strictly necessary for the adoption of corrective measures and/or the initiation of the corresponding investigation procedure and/or the processing of sanctioning or criminal proceedings that, if applicable, may be appropriate, in accordance with the legislation in force, and in these cases, the legal basis will be the essential public interest. The processing of personal data will be the indispensable one, when without them the objectives and obligations stipulated by Law 2/2023 cannot be fulfilled.
The personal data may be processed by the personnel of MASIAS INVEST, S.L., MASIAS MAQUINARIA, S.L., FLUVITEX, S.L. and TEXTIL BLANCA 1941, S.L.U. authorized to do so only when it is necessary for the investigation of breaches of the internal regulations of these companies, infringements in the field of European Union Law, serious or very serious criminal or administrative offenses, as well as labor offenses in the field of safety and health at work, for the adoption of corrective measures or for the processing of disciplinary or criminal proceedings, if any. Likewise, personal data may be communicated to third parties in case of legal obligation, and may be communicated to the judicial authority, the Public Prosecutor's Office or the competent administrative authority within the framework of the aforementioned investigation.
Personal data will be kept for the time necessary to decide whether to initiate an investigation into the reported facts. In the event that it is necessary to adopt corrective measures, the data will be kept for the duration of the application of these measures. On the other hand, in the event that it is necessary to initiate disciplinary or criminal proceedings, the data will be kept for the duration of the disciplinary or criminal proceedings.
In any case, if the decision on the appropriateness of initiating an investigation into the reported facts is not adopted within three months, the personal data contained in the communication will be deleted, except for those data that it is strictly necessary to keep blocked in order to maintain evidence of the functioning of the companies' Internal Information System in accordance with Law 2/2023.
Personal data revealing conduct that does not fall within the scope of Law 2/2023 will also be deleted, as well as personal data not considered truthful, unless this lack of truthfulness may constitute a criminal offence, in which case the information will be stored for the time necessary for the duration of the legal proceedings.
Finally, it is noted that at any time the communicating person may request the controller access to their personal data, its rectification or deletion, or the limitation of its treatment, or to oppose, as well as the right to data portability, by sending a letter to the post office Major Santa Magdalena 1, 17857, Sant Joan Les Fonts, or to the email address compliance@masias.com. In case of disagreement with the processing of your data, you may file a complaint with the Spanish Data Protection Agency, the body that holds the supervisory authority on the matter, located at C/ Jorge Juan, 6 (28001) Madrid (www.aepd.es).
III.- NON-RETALIATION
The companies that make up MASIAS expressly undertake not to carry out acts constituting retaliation, including threats or attempts of retaliation, against persons who submit a communication in accordance with the provisions of Law 2/2023, and to implement protective measures during the processing of a file, with respect to persons affected by a possible communication.
IV.- EXEMPTION AND ATTENUATION OF THE PENALTY
In accordance with the provisions of Law 2/2023, when a person who has participated in the commission of the administrative infringement that is the object of the information is the one who reports its existence by submitting the information, and provided that the information was submitted before the notification of the initiation of the investigation or sanctioning procedure, the administrative body competent to resolve the procedure, by means of a reasoned resolution, may exempt him/her from compliance with the corresponding administrative sanction, provided that the points mentioned in article 40 of Law 2/2023 are accredited.
(*) The Ethical Channel allows the submission of anonymous communications.
(**) Although whenever possible, the use of the internal channel shall be preferred, depending on the circumstances and seriousness of the information, communications may also be sent, where appropriate, to the Independent Whistleblower Protection Authority (in the Autonomous Community of Catalonia, to the Anti-Fraud Office of Catalonia), or to the corresponding regional authorities or bodies, the Public Prosecutor's Office, the European Public Prosecutor's Office, or the competent authority, as appropriate.