- Whistleblower Channel for APE Grupo.
APE Grupo is committed to ethical behavior, compliance with prevailing laws, and applicable internal regulations. Our aim is to provide all members of the APE Grupo workforce, as well as suppliers, business partners, clients, and any other individuals professionally associated with APE Grupo, a communication system to report any irregular actions or omissions that contravene European Union Law (as defined by Law 2/2023) or constitute a serious or very serious criminal or administrative offense under domestic legal framework. This encompasses breaches of Labor Law related to workplace safety and health, without prejudice to the protection provided by specific regulations. It also includes cases of potential sexual harassment based on gender or work-related factors.
- Secure and Confidential Medium.
As stipulated in Law 2/2023, dated 20th February, companies must safeguard individuals who detect serious or very serious criminal or administrative offenses in a work or professional context and communicate them through established means.
The principles and assurances of the Channel, along with its internal functioning and guidelines for submitting a communication, are detailed in the Whistleblower Channel Procedure. The system incorporates appropriate guarantees for independence, impartiality, confidentiality, absence of conflicts of interest, personal data protection, adherence to processing timelines, and communication secrecy. APE Grupo ensures the confidentiality of all communications.
Anonymous reporting is permissible in compliance with prevailing regulations. However, APE Grupo notes that identifying the reporting parties can facilitate obtaining detailed information about incidents and conducting proper investigations. Regardless, the utmost confidentiality will be maintained for identifying whistleblowers who choose to reveal their identity.
- Absolutely prohibited is any form of retaliation against bona fide whistleblowers.
- What Can Be Reported?
Collaborators of APE Grupo, its suppliers, business partners, and other third parties can use the Whistleblower Channel to communicate any breaches of principles and conduct norms as established in the company’s internal Regulations and Protocols, available to all Group professionals on the Employee Portal or company intranet. Additionally, reportable are behaviors classified under the Criminal Code and offenses specified in other specialized laws, which can lead to criminal liability for the company:
- Influence peddling.
- Business corruption.
- Corruption in international transactions.
- Misleading advertising.
- Unveiling and disclosing trade secrets.
- Subsidy fraud.
- Fraud against the Public Treasury.
- Fraud against Social Security.
- Non-compliance and falsification of accounting obligations.
- Crimes against natural resources and the environment.
- Obstruction of execution.
- Punishable insolvencies.
- Crimes against Intellectual Property.
- Crimes against Industrial Property.
- Computer-related damages.
- Counterfeiting of currency and stamped effects.
- Crimes against personal and family privacy.
- Against the rights of foreign citizens.
- Money laundering.
- Terrorist financing.
- Crime against public health.
- Against workers’ rights.
- Stock market offenses.
- Manipulation of toxic, corrosive, and other substances.
- Refusal of inspection activity.
- Illegal funding of political parties.
- Fraudulent invoicing.
- Price fixing in public bids and auctions.
- Price fixing.
Reports on workplace harassment, sexual harassment, and harassment based on gender are also accepted, including cases involving threats, physical violence, equal treatment and opportunities, or any form of discrimination. The processing of harassment reports will adhere to the protocols for sexual and gender-based harassment (code PA-01/P-6) and workplace harassment (code PA-01/P-7).
- The Whistleblower Channel must not be used for:
- Customer complaints, which should be directed to Customer Service.
- Complaints related to non-payments.
- Complaints related to labor matters (e.g., salary payments, leaves or permissions, schedules, etc.).
- Interpersonal conflicts solely involving the reporting party and the reported individual (e.g., personality clashes), unless these issues are related to the aforementioned reportable aspects.
- Blatantly baseless rumors (without any supporting facts or evidence).
- Emergency situations requiring immediate management, such as threats to life or property.
- The Reporting Process:
The system enables communication through an online form, which will be provided later. This form includes an attachment feature for relevant and substantiating documentation. The form is configured so that the designated recipient email is that of the Whistleblower Channel Commission. When the user clicks “Send,” the information is directly forwarded to this email.
However, upon request, users can also present information through an in-person meeting within a maximum of seven (7) days from the request’s receipt. In such cases, the “Additional Information” section should include the phrase “Requesting In-Person Meeting.”
For in-person meetings, informants are advised that the conversation will be documented through a securely stored, durable, and accessible recording, with information about personal data processing in line with GDPR regulations provided throughout the process.