The following is the main information on the Whistleblowing channel, on the procedures and conditions for making internal reports, as well as all information on the procedures and conditions for making external reports, refer to the Policy for more detailed information:
- Reporting channel.
In compliance with legal obligations, the Company has equipped itself with a platform provided by a selected partner adopting a system for reporting corporate malfeasance complying with the EU Directive (ISO 27001 certified, GDPR compliant). The reporting channel must be understood as internal ex. art. 4 Decree Law no. 24/2023 and allows the sending of reports in writing.
Through the platform accessible by clicking on the button at the bottom of this page, the victim of a business offence or any company employee who is aware of a business offence already occurred or potentially configurable in the future may report his case and/or the unlawful conduct of which he became aware of and the confidentiality of his identity is guaranteed. By accessing the platform, those reporting may also request a direct meeting with the channel manager for the management of the report.
- Entitled persons.
All subjects listed in the Policy, to which explicit reference is made, are entitled to send reports of corporate offences. Without limitation, the report may be made by employees of the Company and by freelancers/consultants/self-employed workers, including those with a collaborative relationship that maintain relations with the Company.
- Extension of protection.
The protection of Whistleblowers shall be ensured:
- in the case of employees of the Company, throughout their contract validity, including the probationary period and also extended to the recruiting period, pre-contractual and general phases; and in the event of termination of employment after the end of the employment relationship, where the worker has become aware of, or has been the victim of, any company offence in connection with or after the termination of the employment relationship
- in the case of freelancers/consultants/self-employees and other persons who have a cooperative relationship with the Company, for the duration of the relationship, including pre-contractual phases and beyond the term of the contract if the person has become aware of or has been the victim of a company offence in connection with or after the termination of the relationship.
- Examples of permitted reports.
The subject of a report may be any conduct or fact which, according to the person issuing the report, constitutes or can potentially constitutes offences of a civil, criminal, administrative and accounting nature and is damaging a public or private interest. For instance, this channel may be generally used to report facts or situations that may constitute unlawful acts of any nature and/or in any case causing damage or injury to the Company, such as:
- behaviours carried out in violation of the Organization, Management and Control Model, the Code of Ethics or other internal and/or illegal provisions relevant to the organization pursuant to Legislative Decree No. 231/2001
- conduct that can be legally prosecuted (criminally relevant or subject to administrative sanctions);
- conduct that may cause damage to assets, image or other resources of Gens;
A prerequisite for reporting is that there are well-founded and concrete suspicions of the commission of illegal activities in the company and/or otherwise related to the business. Personal claims against the company regarding the management of their employment relationship shall not be reported through the Whistleblowing channel and can be enforced through other channels.
- Procedure.
The subject who intends to make a report accesses the platform through the link at the bottom of this page. The home page has a guided format.
If the reporting person makes the report orally during a fixed meeting with the person responsible for the channel, the report shall, with the consent of the reporting person, be documented by the channel manager recording it on a device suitable for the preservation and voice reproduction or by the preparation of a report. In the latter case, the reporting person may verify, correct and/or confirm the minutes of the meeting by means of a formal signing.
Within 7 days from the report’s receipt, the responsible person shall communicate an acknowledgement of receipt to the reporter and take charge of the report.
If it is necessary to acquire additional elements, the channel manager may contact the reporting person through the platform. If the reporting person does not provide additional information within 3 months from the request for integration, the channel manager shall proceed with the filing of the report.
The channel manager, at the end of the investigation, prepares a final report in order to proceed with the response to the reporter. The acknowledgement to the reporter shall be transmitted within three months from the date of notification of receipt of the alert or from the expiry of the seven-day period following the report’s submission. Only in exceptional cases, the channel manager, having informed the reporting person before the deadline, with appropriate reasons, may continue the investigation phase for the required time, giving periodic updates to the reporting person.
- Records of reports
Pursuant to art. 14 of Decree Law no. 24/2023, the reports and the related documentation shall be kept for the time necessary for the processing of the report and in any case not later than five years from the date of notification of the final result of the reporting procedure complying with the reporting confidentiality obligations pursuant to art. 12 of Decree of Law. 24/2023 and of the principle as of Articles 5, paragraph 1, letter e), of Regulation (EU) 2016/679 and 3, paragraph 1, letter e), of Legislative Decree No. 51/2018.
- Compliance with the prohibition of retaliatory measures.
Compliance with the prohibition of retaliatory measures.
