COMMITMENT TO ETHICAL AND RESPONSIBLE CONDUCT
MAKINO Iberia S.L.U. wishes to inform its CLIENT companies and entities (CLIENTS) of its utmost commitment to ensuring that its business and operations remain ethical and responsible at all times, while also ensuring due compliance with all applicable law and regulations and the mechanisms in place to prevent the Company from engaging or becoming involved in any kind of criminal conduct.
Since this commitment also requires the participation and involvement of all entities associated with our Company, we are asking our CLIENTS to support us in enforcing this commitment to ethical and responsible conduct by sharing and conveying the same values, following the relevant protocols and rules governing relations with our Company and, above all else, reporting any situation, occurrence, indication, or suspicion of any activity that might infringe those principles.
EXTERNAL WHISTEBLOWING CHANNEL
As the cornerstone of our culture and commitment to ethical and responsible conduct, we have set up an External Whistleblowing Channel so that our CLIENTS' employees and collaborators can report any knowledge or suspicion they may have of the following matters for prevention purposes:
§ Breach of applicable law and regulations governing the business, operations and relations between our Company and the CLIENT.
§ Failure to observe protocols, procedures and internal controls agreed upon between the Company and the CLIENT.
§ Behaviour, transactions, agreements and other business that fails to qualify as ethical conduct or falls short of good business practices.
§ Acts or omissions that might constitute or involve criminal conduct or entail criminal liability, such as corruption, collusive or anti-competitive practices, money laundering, discovery and disclosure of secrets, tax evasion and fraud, infringements or abuse of workers' right, workplace and sexual harrassment, conduct contrary to public health, violations of environmental requirements, discriminatory actions/attitudes, and any other relevant matters you may receive notice and/or become aware of while discharging your functions and responsibilities.
§ Any other deemed relevant for the purpose of observing and honouring the Company's commitment to ethical conduct and regulatory compliance.
RIGHTS AND RESPONSIBILITIES
Our commitment to ethical conduct and corporate responsibility is championed and promulgated across the entire Company by all employees, as is compliance with applicable regulations and law to prevent criminal or illicit activity. Accordingly, use of the Whistleblowing Channel for the purposes just described is not only a right, but also a shared duty and obligation for both Company and CLIENT, particularly for all members/employees of the CLIENT engaged in any way in the business and operations with our Company.
All communications and/or reports must be made in good faith and must, therefore, be based on facts or on indications or suspicions from which reportable conduct may reasonably be inferred. Moreover, and again in the interests of good faith, under no circumstances may the reporting party make false or untruthful reports, or any other assertion intended to seek revenge on, or cause damage to a third party.
The CLIENT undertakes to convey the principles and duties set out in this notice to all members of its organisation directly or indirectly involved with our Company.
Prevailing employment law and the criminal code in Spain impose the obligation to report in good faith, as discussed in the previous section and in order to avoid possible labour-related disciplinary measures and criminal/personal liability for failure to communicate the relevant facts, information, or indications, particularly those described in the previous paragraph of this notice.
To be able to exercise this right and honour this obligation to report, the Company has set up an external Whistleblowing Channel under the management of BONET consulting, a firm specialised in regulatory compliance and crime prevention, so as to provide the following basic safeguards in relation to the reporting/whistleblowing process:
· Confidentiality and data protection: the channel has been set up and is managed at all times to ensure confidentiality and anonymity while protecting personal data and meeting the highest personal data protection standards under the terms of applicable personal data preotection law.
· Conflicts of interest and independence: external and independent protocol in place to oversee and control possible conflicts of interest and/or lack of independence in relation to the communications/reports received.
· Protection for the whistleblower: internal management protocol overseen by an independent expert to protect the whistleblower's anonymity.
· Professionalism and experience: specialists in regulatory compliance and the prevention of criminal activity to ensure expert treatment, management and analysis of the communications/reports, and to protect the rights of both whistleblower and denounced party in the event of unfounded claims or those made in bad faith.
· Independent and external record-keeping: an independent partner keeps a log of all communications/reports received so as to ensure that they are processed and managed accordingly and remain unaltered, thus preventing possible conflicts of interest from arising.
· External evidence: the independent expert firm issues a certificate/statement once a year confirming compliance with the above points and considerations.
ACCESS TO THE WHISTLEBLOWING CHANNEL
The channel can be accessed by clicking on the following link:
To access the channel, enter the password on the log-in page and then complete the communication/report form.