General Information Sheet
Simoldes has a Regulatory Compliance Program for the purpose of compliance with the legal regime for the protection of whistleblowers, assuming a commitment of compliance with the applicable regulation and a commitment to the protection of whistleblowers, according to the following parameters:
1.Responsible Entity
Simoldes Group, hereinafter Simoldes, with Tax ID Number PT501 220 267, with head office at Apartado 113 – Bec da Boavista, 3721-902 – Oliveira de Azeméis, Portugal.
Phone: (+351) 256 661 000;
E-mail: mail@simoldes.com ;
Website: www.simoldes.com.
2.Contact details for the Data Protection Officer and the Whistleblowing Team
The responsible entity has specific email addresses for the purposes of personal data protection and whistleblowing handling, with the Data Protection Officer available at dataprotection@simoldes.com and the whistleblowing team available at compliance@simoldes.com .
3.Commitment to Compliance with Regulation
Simoldes publicly assumes a commitment to comply with the regulations applicable to its activity, whether legal standards or internal standards and codes of conduct, developing a regulatory compliance program and a responsibility demonstration program, communicating these programs to all stakeholders and to all competent authorities.
4.Whistleblower Protection Commitment
Simoldes also publicly assumes a commitment to protect whistleblowers, implementing reporting channels and procedures to follow up on reports through an internal control system for whistleblowers protection and appreciating the cooperation of any person who wishes to communicate or report a violation.
5.Types of Infractions or Violations
Through the existing whistleblowing channels in Simoldes, reports may be reported on breaches of the legal regulations applicable in the national legal system or on breaches of internal regulations, policies and codes of conduct in force in Simoldes.
6.Conditions of Protection
6.1 Protection is granted to all persons who, in good faith and having serious grounds to believe that the information is true at the time of reporting or public disclosure, report or publicly disclose an infringement under the terms established in the legislation and in Simoldes’ internal rules.
6.2 A natural person who reports an infringement based on information obtained in the course of his or her professional activity, regardless of the nature of that activity and the sector in which it is carried out, is considered a whistleblower.
6.3.The following may also be considered as whistleblowers
a) Workers in the private, social or public sector;
b) Service providers, contractors, subcontractors and suppliers, as well as any persons acting under their supervision and direction;
c) Shareholders and persons belonging to administrative or management bodies or supervisory bodies of legal persons, including non-executive members;
d) Volunteers and interns, paid or unpaid.
6.4 Reporting an infringement may also be based on information obtained during a professional relationship terminated in the meantime, as well as during the recruitment process or during another pre-contractual negotiation phase of an existing or unformed professional relationship.
7.Precedence between the means of denunciation and public disclosure
7.1.Reports of violations are submitted by the whistleblower through internal or external whistleblowing channels or publicly disclosed.
7.2.The whistleblower may resort to external reporting channels only when:
(a) No internal whistleblowing channel exists;
b) The internal whistleblowing channel only permits the submission of whistleblowing reports by employees, and the whistleblower is not one;
c) It has reasonable grounds to believe that the breach cannot be effectively known or resolved internally or that there is a risk of retaliation;
(d) Has initially lodged an internal complaint without having been informed of the measures envisaged or taken following the complaint within the time limits provided for by law (see below for procedures to follow up on a complaint); or
e) The infraction constitutes a crime or misdemeanor punishable by a fine of more than 50,000 (euro).
7.3.A whistleblower may publicly disclose an infraction only when:
(a) it has reasonable grounds to believe that the breach may constitute an imminent or manifest danger to the public interest, that the breach cannot be effectively known or addressed by the competent authorities in view of the specific circumstances of the case, or that there is a risk of retaliation including in the case of an external whistleblowing report; or
b) has filed an internal and external whistleblowing report, or directly an external complaint under the terms of this law, without appropriate action being taken within the time limits provided for by the law (see below for procedures to follow up on a complaint).
7.4 A natural person who, outside the cases foreseen in the previous number, reports an infringement to a media organ or journalist, shall not benefit from the protection afforded by this law, without prejudice to the applicable rules on journalistic secrecy and the protection of sources.
8.Forms of whistleblowing
8.1 Any person who intends to submit a communication or whistleblowing report to the wistleblowing team of Simoldes,
– you may freely do so anonymously or, if you wish, by identifying your personal data and contacts,
– by written or oral complaint and
– through any of the available channels, whether regular mail, e-mail, telephone contact, voice message or digital platform form.
8.2 Any person who needs prior advice or wishes to schedule a face-to-face meeting to present the communication or complaint, may contact the whistleblowing team, through any of the available channels, requesting to schedule a meeting.
9.Whistleblowing Channel Contacts
It is possible to submit a grievance through any of the available grievance channels.
The available reporting channels for filing or submitting any type of grievance are as follows:
9.1.Regular Mail Channel
To submit a written complaint via regular mail, please send the communication to the following address, and it must be expressly addressed to the Whistleblowing Officer:
Whistleblowing Officer
Simoldes Group – Audit
Apartado 113 – Bec da Boavista
3721-902 – Oliveira de Azeméis
Portugal
9.2 Email Channel
To submit a written whistleblowing report via e-mail, please send the communication to the following address: compliance@simoldes.com .
9.3 Telephone Channel
To submit an oral whistleblowing report by telephone, every day, between 9.00 a.m. and 6.00 p.m., please call the following telephone number: (+351) 911 879 229.
9.4.Voice Message Box Channel
To submit a whistleblowing report orally through a voice message box, every day between 6:00 p.m. and 9:00 a.m., please record the voice message by calling the following phone number: (+351) 911 879 229.
9.5.Digital Platform Channel
To submit a written grievance through the Digital Platform of the Whistleblowing Channel, please access through the link https://simoldes.protecaodedenunciantes.com and fill out the Whistleblowing Form.
10.Face-to-Face Meetings
To present your communication or whistleblowing report, any person may contact the whistleblowing team , through any of the available channels, requesting the scheduling of a meeting for this purpose.
11.Recording of Telephone Communications
11.1 Telephone communications through the Telephone Channel (+35) 911 879 229 are not recorded by default, but may be, in specific situations, with prior express consent of the data subject.
11.2.Voice messages that are recorded through the Voice Message Box Channel are based on the data subject’s consent and will be processed for the sole purpose of receiving and following up on complaints, under the terms of the Information Sheet on Data Processing accessible on the Digital Platform of the Whistleblowing Channels.
12.Procedures applicable to the reporting of violations
12.1 Reception and follow-up of anonymous whistleblowing reports
Any person wishing to submit a communication or whistleblowing report to the whistleblowing team of Simoldes may do so anonymously through any of the whistleblowing channels.
However, if the person wishes to follow up on the handling of the anonymous report, he/she must submit the report through the Digital Platform of the Whistleblowing Channels by filling out the respective form – in this way, in addition to ensuring anonymity, he/she will receive an access code that will allow them to access the follow-up of the report submitted.
If you submit an anonymous complaint through the other channels, it will not be possible to access the follow-up of the complaint, due to lack of available contacts.
12.2 Clarification or additional information
It may be necessary to ask the person submitting the complaint to clarify the complaint submitted or to provide additional information, including in situations of anonymity; in the case of anonymity, this will only be possible if the complaint is submitted through the Whistleblowing Channels Digital Platform.
12.3.Measures and deadlines for following up on the whistleblowing report
Once a whistleblowing report has been received, Simoldes applies a procedure for following up on the report which may lead to the opening of an internal investigation procedure and/or the communication of the whistleblowing report to the competent authority, according to the following measures and deadlines:
12.3.1.Notification of receipt of complaint
Simoldes notifies, within seven days, the person submitting the complaint of the receipt of the complaint, informing them, in a clear and accessible manner, of the requirements, competent authorities and form and admissibility of an external complaint.
12.3.2.Communication of preliminary decision
Following the complaint, Simoldes shall take the appropriate internal actions to verify the allegations contained therein and, where appropriate, to stop the reported violation, including by opening an internal investigation or communicating to the competent authority for investigation of the violation, communicating to the person who made the complaint, within one month, the preliminary decision on the opening of an investigation or communication to the competent authority.
12.3.3.Communication of measures
Simoldes shall notify the person lodging the complaint of the measures planned or taken to follow up on the complaint and the reasons for such measures, within a maximum period of three months from the date the complaint is received.
12.3.4.Communication of completion
Simoldes will inform the person lodging the complaint of the outcome of the analysis of the complaint, concluding the procedure within a maximum period of three months from receipt of the complaint.
13.Confidentiality
13.1.The identity of the whistleblower, as well as the information that directly or indirectly allows the identity of the whistleblower to be deduced, are confidential in nature, and access is restricted to the persons responsible for receiving or following up complaints.
13.2 The confidentiality obligation referred to in the preceding paragraph extends to anyone who has received information on complaints, even if not responsible or incompetent for receiving and processing it.
13.3 The identity of the whistleblower is only disclosed as a result of a legal obligation or court order.
13.4.Without prejudice to other legal obligations, the disclosure of information is preceded by written communication to the whistleblower indicating the reasons for the disclosure of the confidential data in question, unless the provision of such information compromises the related investigations or legal proceedings.
13.5.Complaints received by the competent authorities that contain information subject to commercial confidentiality are processed only for the purpose of following up the complaint, and those who have knowledge of them are bound to secrecy.
14. Processing of Personal Data
14.1 The processing of personal data in the context of the protection of whistleblowers, including the exchange or transmission of personal data by the competent authorities, complies with the rules applicable to the protection of personal data in force in the national legal system and in the European Union, namely the General Data Protection Regulation and other complementary legislation.
14.2 The processing of personal data in the context of the protection of whistleblowers is carried out under the terms of the Data Processing Information Sheet and the Personal Data Protection Policy accessible on the Whistleblowing Channels Digital Platform.
15.Retention of Complaints
15.1 Unless other legal obligations of conservation, Simoldes keeps a record of the whistleblowing reports, conserving them, at least, for a period of five years and, regardless of this period, during the pendency of judicial or administrative proceedings concerning the report.
15.2 Whistleblowing reports submitted verbally, through a telephone line without recording, are recorded by Simoldes through a complete and accurate transcription of the communication, and reliable minutes of such communication are drawn up.
15.3 The whistleblowing reports submitted verbally, through a recorded telephone line or other recorded voice message system, are recorded by Simoldes, after obtaining the prior consent of the whistleblower, through
(a) Recording the communication on a durable and retrievable medium or
b) Complete and accurate transcription of the communication.
15.4.If the whistleblowing report is made in a face-to-face meeting, Simoldes shall ensure, after obtaining the prior consent of the complainant, the recording of the meeting by means of:
(a) recording of the communication on a durable and retrievable medium or
b) Reliable minutes.
16.Remedies and Protection Procedures
Simoldes assumes a commitment to legal compliance and a commitment to the protection of whistleblowers, who are entitled to legal protection.
The Directorate General for Justice Policy provides information on the protection of whistleblowers on the Justice Portal, without prejudice to the specific mechanisms for access to the law and the courts.
Through the means of effective judicial protection, whistleblowers enjoy all guarantees of access to the courts to defend their legally protected rights and interests.
17.Responsibility of the Whistleblower
The liability of the whistleblower is defined by law, according to the following parameters:
17.1.The denunciation or public disclosure of an infraction, made in accordance with the requirements imposed by the whistleblowers protection legislation, does not in itself constitute grounds for disciplinary, civil, misdemeanor or criminal liability of the whistleblower.
17.2 The whistleblower who reports or publicly discloses an infraction in accordance with the requirements imposed by this law is not liable for the violation of any restrictions on the communication or disclosure of information contained in the report or public disclosure, except for any situations of liability defined in special legislation.
17.3 The whistleblower who reports or publicly discloses an infraction in accordance with the requirements imposed by this law is not liable for obtaining or having access to the information that motivates the report or the public disclosure, except in cases where obtaining or having access to the information constitutes a crime.
17.4 Because there may be possible liability for whistleblowers for acts or omissions that are not related to the reporting or public disclosure, or that are not necessary to the reporting or public disclosure of an offense under the law, it may give rise to the need for advance advice for all persons who have questions or are considering making a report.
18.Confidential Counseling
Simoldes provides confidential counseling for those who need help and further clarification or are considering filing a complaint, by contacting the Whistleblowing team through any of the Whistleblowing Channels.
Internal Regulations, Policies, Fact Sheets and Forms
Internal Regulations, Policies, Fact Sheets and Forms relevant to the whistleblower protection system are accessible in the “Regulatory Standards” section of the Whistleblowing Channel Digital Platform, accessible at https://simoldes.protecaodedenunciantes.com.
20.Information and Documentation Repository
Assuming a commitment to demonstrate its responsibility, Simoldes makes publicly available an Information and Documentation Repository on the Compliance and Whistleblower Protection Programs, as well as a set of Answers to Frequently Asked Questions, the link to which is accessible through the Whistleblowing Channel Digital Platform, at https://simoldes.protecaodedenunciantes.com.
Version and Date of Fact Sheet
Version: 1
2.Date: July 11, 2022
