Whistleblowing

Our company is particularly sensitive to the issue of protecting people who report violations of European Union law and national regulations.

Therefore, in compliance with legal obligations (Legislative Decree No. 24 of 10 March 2023), our Company has adopted its own internal reporting channel and related procedure to allow the whistleblower (whistleblower) to transmit his or her reports.

What can be reported?

1) violation of national law, with reference to:
a) criminal, civil, administrative or accounting offences other than breaches of European law;
b) illegal conduct relevant for the application of Legislative Decree No. 231/2001 (so-called predicate offences) or violation of the organisation and management models pursuant to Legislative Decree No. 231/2001 other than violations of European law;

2) violations of European law , with limited reference to:
a) Offences committed in breach of European legislation, as set out in Schedule 1 to Legislative Decree no. 24/2023 and all the provisions implementing them, even if not indicated in the aforementioned annex, relating to the following areas: public procurement; services, products and financial markets and prevention of money laundering and the financing of terrorism; product safety and compliance; transport safety; environmental protection; radiation protection and nuclear safety; food and feed safety and animal health and welfare; public health; consumer protection; protection of privacy and protection of personal data and security of networks and information systems;
b) acts or omissions affecting the financial interests of the Union;
c) acts or omissions affecting the internal market, affecting the free movement of goods, persons, services and capital, including violations of EU competition and State aid rules, as well as violations affecting the internal market related to acts in breach of corporate tax rules or mechanisms whose purpose is to obtain a tax advantage that frustrates the object or purpose of the applicable corporate tax law;
d) acts or conduct that frustrate the object or purpose of the provisions of the European Union in the areas referred to in the preceding points.

What is not subject to whistleblowing?

1) disputes, claims or requests linked to a personal interest of the reporting person or of the person lodging a complaint with the judicial authority that relate exclusively to his or her individual work or public employment relationship, or inherent to his or her work or public employment relationship with hierarchically superior figures;
2) reports of violations where already mandatorily regulated by European Union acts and national implementing provisions that already ensure appropriate reporting procedures;
3) reports of breaches of national security, as well as of procurement relating to defence or national security aspects, unless these aspects are covered by the relevant secondary legislation of the European Union

Our internal reporting mode

In written form digital via the digital platform : https://segnalazioni.termetritone.it/

The operator received the report:
- issues through the platform to the reporter an acknowledgement of receipt of the report indicating a protocol number (a unique and personal numeric and/or alphanumeric code) at the same time as the completion of the procedure and in any case within 7 days from the date of receipt;
- carries out a preliminary examination of the report to assess the existence of the whistleblower's legitimacy and essential requirements, as well as to assess whether the report falls within the scope of whistleblowing;
- upon the positive outcome of the preliminary verification, the manager proceeds with the analysis of the internal investigation, requesting clarifications, documents and further information from the reporting party; acquiring, if necessary, documents and information from other offices of the Company; involving third parties or other corporate functions, which are obliged to cooperate with the manager; listening to other internal/external parties, if necessary;
- upon completion of the investigation, the manager shall, within three months from the date of the acknowledgement of receipt, provide feedback to the reporter on whether the report is closed or substantiated, giving an account of the measures planned or taken or to be taken to follow up the report and the reasons for the choice made.

External reporting channel and public disclosure

The reporter may use the external channel activated at ANAC (https://whistleblowing.anticorruzione.it/#/) in the following cases:
- the reporting person has already made an internal report and it was not followed up;
- the reporting person has reasonable grounds to believe that, if he or she were to make an internal report, the report would not be effectively followed up or that the report might lead to a risk of retaliation;
- the person issuing the alert has reasonable grounds to believe that the breach may constitute an imminent or obvious danger to the public interest.

Whereas reporting by public disclosure may only be made by the reporter when the following conditions are met:
- the reporting person has previously made an internal and an external report or has made an external report directly and no reply has been received within the prescribed time limits on the measures envisaged or taken to follow up the reports; - the person issuing the alert has reasonable grounds to believe that the breach may constitute an imminent or obvious danger to the public interest; - the reporting person has reasonable grounds to believe that the external report may involve a risk of retaliation or may not be effectively followed up due to the specific circumstances of the case, such as where evidence may be concealed or destroyed, or where there is a well-founded fear that the recipient of the report may be colluding with or involved in the perpetrator of the violation.

To whom does the platform forward the reports?

To the attention of the persons in charge of the reporting channels, which our company has identified as the internal persons of:
- Federica Schiavolin c/o Administration Office;
- Rossella Bragion c/o Administration Office

Privacy policy

Our company is also particularly attentive to the protection of privacy and confidentiality with regard to the treatment of whistleblowers, and in order to understand how the relevant data are treated, please refer in full to the privacy policy (https://www.termetritone.it/fr/privacy/privacy-policy.aspx) adopted by the company.