TABLE OF CONTENTS
1. PARTY RESPONSIBLE FOR PROCESSING
This Whistleblower Channel is the responsibility of STRATIO BIG DATA, INC. Sucursal en España, with Tax Identification Number W4007784D, company address at Vía de las Dos Castillas 33, 28224 Pozuelo de Alarcón, Madrid, registered in the Commercial Registry of Madrid in book 33,891, folio 22, section 8, page M-609883, 1st entry (hereinafter, STRATIO).
We hereby inform you that STRATIO has appointed a Data Protection Officer who can be contacted at the following e-mail address [email protected].
2. MOTIVATION
STRATIO makes this Whistleblower Channel available to its stakeholders in compliance with the recent Law 2/2023 regulating the protection of persons who report regulatory infringements and the fight against corruption (hereinafter, "Whistleblower Protection Law").
In addition, STRATIO fully complies with the current regulations on personal data protection; specifically, with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of physical persons with regard to the processing of personal data and on the free movement of such data (hereinafter, "GDPR") and Organic Law 3/2018, of 5 December, on data protection and guarantee of digital rights (hereinafter, "LOPD").
3. SECURITY MEASURES
In compliance with the aforementioned regulations in force, STRATIO has incorporated the appropriate technical and organizational measures to guarantee the protection of the rights and freedoms of those affected by the processing of their personal data, including the corresponding data security measures, reinforced, among other aspects, with respect to the necessary confidentiality and, singularly, the disclosure of the informant's identity, data protection and the secrecy of communications, in order to prevent the loss, misuse, alteration, unauthorized access and theft of the data provided by the informant.
The submission and subsequent processing of anonymous communications shall be allowed. In the event that the communication received is not anonymous, the identity of the informant shall in any case be protected and the necessary measures shall be taken to guarantee the confidentiality of the information that is the subject of the communication and the rights of the informant under the terms set forth in this Privacy Policy.
4. PERSONAL DATA PROCESSED
As indicated in the previous section, STRATIO's Whistleblower Channel allows for the submission of anonymous reports.
However, if the informant wishes to submit the complaint in a nominative manner, STRATIO may collect, within the framework of a communication, the following types of data from the informant and, if applicable, from the persons involved in the communication:
Identifying data: name and surname.
Contact data: Telephone and e-mail.
Professional data: Professional position.
In addition, STRATIO may process other types of data based on the facts reported as allegedly criminal or irregular and the supporting documentation that may be appropriate to investigate the reported conduct.
No personal data will be collected if it is not directly relevant to the processing of specific information. In the event that irrelevant data is accidentally collected, such data will be deleted from the Whistleblower Channel without undue delay.
If it is proven that the information provided or part of it is not truthful, it will be deleted immediately as soon as this circumstance becomes known. In the event that this lack of truthfulness may constitute a criminal offense, the information will be kept for the necessary time during the legal proceedings.
5. PURPOSES OF DATA PROCESSING
STRATIO shall process the data to which it may have access as a result of the communications received for the following purposes:
Receive and decide on the admissibility of communications received through the Whistleblower Channel.
Once the communications have been admitted for processing, to carry out the investigation of the facts reported and to adopt, if appropriate, the pertinent corrective measures.
Keeping the complainant informed about the admission, or non-admission, of his or her communication for processing, as well as the progress and results of the investigation process in the event that there are sufficient grounds to admit his or her communication for processing.
6. LEGITIMACY FOR DATA PROCESSING
STRATIO has the following legitimate bases for the processing of data, in accordance with the conduct reported through this Whistleblower Channel:
Compliance with legal obligations applicable to STRATIO if the communication refers to breaches provided for in the Whistleblower Protection Act:
Breaches of European Union law,
Planning of crimes or serious or very serious administrative infringements of the Spanish legal system.
Legitimate interest of STRATIO in ensuring that corporate behaviors are respected, without the processing of data in this framework leading to an imbalance in the rights of the data subjects and without the processing being likely to cause them prejudice, if the communication concerns conduct contrary to STRATIO's Code of Ethics.
STRATIO's public interest if the communications made are carried out within the scope of public disclosure.
7. RECIPIENTS OF THE INFORMATION
The data to which STRATIO may have access as a result of the communications received through the Whistleblower Channel may be shared with:
Public bodies or institutions, judges and courts when necessary for the adoption of disciplinary measures, for the processing of legal proceedings which, where applicable, may be appropriate or in those cases in which it is legally required.
To the Public Prosecutor's Office, when the proceedings fall within its competence.
With regard to the communication of the informant's personal data, STRATIO shall guarantee that his/her identity, and any other personal data that STRATIO may have about him/her, shall in all cases be kept confidential and shall not be communicated to the persons to whom the facts reported refer or to third parties, respecting in all cases the fundamental rights of the individual, without prejudice to any actions that may be taken by the competent judicial authorities, as the case may be.
8. DATA RETENTION PERIODS
The personal data to which STRATIO may have access as a result of the communications received through the Whistle-blower Channel shall be processed for the time necessary to decide on the appropriateness of initiating an investigation into the facts reported and for the management of the communication, provided that the same is admitted for processing.
Specifically, STRATIO will process the personal data within a maximum period of three months from receipt of the communication, except in cases of particular complexity, in which case it may be extended for a further three months.
Once the aforementioned period has elapsed without any investigation proceedings having been initiated, the data shall be deleted from the communication system, except for the purpose of maintaining evidence of the operation of the system and in an anonymized form.
In the case of communications that have not been sent, they will be kept in an anonymized form, completely eliminating the personal data in order to be able to accredit the operation of the system, as well as for statistical purposes.
9. USER RIGHTS
The regulations of protection of the informant guarantee to the Users the following rights recognized in the regulations in the matter of protection of data that will be able to be exercised whenever they turn out to be of application:
Access : Allows interested parties to know what information is held, where it has been obtained, to whom it has been provided and for what uses it has been processed.
Rectification : Allows interested parties to rectify any erroneous or outdated data.
Deletion : Allows data subjects to stop the processing of their data.
Opposition : Allows data subjects to stop the use of their data for a specific purpose. In the case of the person to whom the facts related in the communication refer, it will be presumed that, unless proven otherwise, there are compelling legitimate reasons that legitimize the processing of their personal data.
Limitation : Allows data subjects to restrict the processing of their data, but in such a way that they are retained for some subsequent purpose.
Portability : Allows data subjects to obtain a copy of their data in electronic format and, in certain circumstances, to request that it be communicated to another service provider. It is only applicable for computerized processing carried out with the consent of the User or for the performance of a contract.
Revocation of consent: Allows data subjects to withdraw the consent, if any, given for the processing of their data.
However, the exercise of these rights is limited to those informants who have identified themselves at the time of submitting the communication. If STRATIO has reasonable doubts as to the identity of the informant requesting the right, it may request information that will allow STRATIO to prove his or her identity. Whenever applicable, the aforementioned rights may be exercised to STRATIO by mail to the above-mentioned address and to the attention of Mamen Franco or by e-mail to [email protected] .
If informants require further information in this respect or consider that their right to data protection has been violated, they may contact STRATIO's Data Protection Officer [email protected] or the Spanish Data Protection Agency ( www.aepd.es ).
10. ACCURATE AND TRUTHFUL INFORMATION
STRATIO informs the Whistleblower that the communication transmitted through the Whistleblower Channel may lead to the initiation of internal or external investigations and may have negative consequences for those affected.
For this reason, you should only provide us with information that you believe to be correct, to the best of your knowledge and belief, and that is relevant to the detection of a breach of regulatory compliance and/or STRATIO's Code of Ethics or Code of Conduct.
STRATIO may initiate any disciplinary and/or legal action it deems appropriate if the communication is manifestly unfounded or if, in STRATIO's opinion, there are reasonable grounds to believe that the information was obtained through the commission of a crime.