Whistleblowing

WHAT IS WHISTLEBLOWING?

This term refers to the spontaneous disclosure by an individual, known as a “whistleblower”, of an offence or irregularity committed within the company, which he or she has witnessed in the performance of his or her duties.
Distillerie Bonollo Umberto spa is committed to operating in an ethical and responsible manner, making it easy for the whistleblower to report and removing any factors that may hinder or discourage the use of the institution. Therefore, in compliance with the law and to protect its values, Distillerie Bonollo Umberto spa has set up useful reporting channels that allow anyone who intends to do so to report potential conduct and/or practices that do not comply with company rules, procedures and regulations; the commission, or the reasonable danger of commission, of the offenses referred to in Legislative Decree 231/01, the violation of adopted management models and the Code of Ethics, offenses that fall within the scope of application of European Union or national acts relating to certain specific sectors; as well as acts or omissions that harm the financial interests of the European Union.
With that being said, the following are all useful directions for those who wish to file a report.

WHAT CAN I REPORT?

Among the reportable facts:
– Behaviors and/or practices that are not in line with the rules of conduct and regulations issued by the company;
– Threats, pressure, offers or promises of money or other benefits;
– The commission, or the reasonable danger of commission, of the offenses referred to in Legislative Decree 231/01 (Computer Offenses, Offenses against the PA, Corporate Offenses, Environmental Offenses, Offenses against Industry and Commerce, Tax Offenses) as well as conduct that may result in a violation of the Company’s Code of Ethics and which, in any case, may impact on issues related to business ethics in general or cause financial or image damage to Distillerie Bonollo Umberto spa.
– Acts or omissions that harm the financial interests of the European Union, think, for example, of fraud, corruption, and any other illegal activity related to Union expenditures;
– Acts or omissions concerning the internal market, which impair the free movement of goods, persons, services and capital: e.g., violation of competition and state aid rules, corporate tax or other mechanisms to obtain a tax advantage;
– Offenses within the scope of European Union or national acts relating to the following areas: public procurement services, products, and financial markets and prevention of money laundering and terrorist financing; product safety and compliance; transportation safety; environmental protection; radiation and nuclear safety; food and feed safety and animal health and welfare; public health; consumer protection; privacy and personal data protection; and network and information system security (e.g., environmental offenses such as dumping, emissions, or other release of hazardous materials into the air, soil, or unlawful collection, transportation, and recovery or disposal of hazardous waste.
– Acts or conduct that frustrate the object or purpose of the provisions of the European Union in the areas indicated in the preceding points (abusive anti-competitive business practices such as, for example, adoption of predatory pricing, target rebates and tying sales, etc.).

WHAT SHOULD I NOT REPORT?

Challenges, claims, or demands related to a personal interest of the reporting person, or otherwise inherent in his or her work relationships or with hierarchically subordinate figures.

WHO CAN REPORT (WHISTLEBLOWER)?

– Employees (including casual, part-time, intermittent or fixed-term employment), Apprentices, Volunteers, Trainees, including unpaid;
– The self-employed, freelancers and consultants;
– Shareholders (individuals);
– Workers and collaborators who work for entities in the public or private sector that provide goods or services or perform works for third parties (Suppliers);
– Persons with administrative, management, control, supervisory, or representative functions, even when such functions are exercised on a de facto basis (members of the Board of Directors, Directors, SB, members of the Board of Statutory Auditors, and Statutory Auditor).

In addition to the above, it is also specified that the protection measures provided by Decree No. 24/2023 against discriminatory phenomena also apply:
– to the facilitator: that is, the person who assists the reporter in the reporting process;
– to people in the same work environment: people linked by a network of relationships that have arisen by reason of the fact that they work, or have worked, in the past, in the same work environment as the reporter or whistleblower (colleagues, former colleagues and/or co-workers);
– to co-workers of the reporting person or the person who has made a complaint or made a public disclosure, who work in the same work environment as the reporting person and who have a usual and current relationship with that person;
– to entities owned by the reporting person or for which those same persons work as well as entities that operate in the same work environment as those persons.

HOW DO I DO THE REPORTING?

-Through the Legality Whistleblowing computer platform (hereinafter “Software”) (by DigitalPA – Software & Services for PAs and Companies), as a suitable reporting channel to ensure, by means of computer modalities, the confidentiality of the identity of the reporter, in compliance with the legislation, directly reachable by typing on a browser the appropriate URL

https://distilleriebonolloumberto.segnalazioni.net

The reporter can submit his or her report by creating his or her own account or without registration by adopting the anonymous mode, filling out the form or through the voice-distorting messaging system. However, there are dedicated information pages in the IT platform.

-There is a direct meeting with the reporting channel manager in a suitably reserved company room agreed upon prior request by means of a MEETING FORM WITH THE REPORTING CHANNEL OPERATOR.

Please read the document Whistleblowing Procedure (c.d. Whistleblowing policy) carefully before proceeding with reporting.

WHAT DO I INDICATE IN REPORTING?

– A clear and complete description of the facts being reported;
– The circumstances of time and place in which the reported facts were committed;
– the generalities or other elements that allow the identification of the person(s) who has/have put in place the reported facts (e.g., qualification, place of service where he/she carries out the activity);
– any documents supporting the report;
– the indication of any other persons who may report on the reported facts;
– any other information that may provide useful feedback about the existence of the reported facts;
– Own address (preferably e-mail address) for communications from the Manager of the reporting channel.

WHO RECEIVES AND HANDLES MY REPORT?

The Manager of the reporting channel has been identified as the Head of the Facilities and Bids Office – Administration Area to whom any information and clarification regarding the above reporting channels can be requested at the e-mail address:

gestorecanaledisegnalazione@bonollo.it

The Reporting Channel Manager may be assisted by other company personnel, or external consultants, specifically assigned to whom only information functional to inspection activities will be shared without compromising the confidentiality of the reporter.

HOW IS MY REPORT HANDLED?

The Managing Party will proceed by giving feedback to the reporter by following steps:
– Issue the reporter with an acknowledgement of receipt of the report within seven days from the date of receipt;
– Maintain interlocutions with the person of the reporter;
– Respond within the stipulated timeframe;
– Evaluate admissibility and carry out investigative activities
– Carry out investigative activities;
– File or forward to the relevant bodies for possible disciplinary action against the reported person.

WHAT PROTECTIONS ARE PROVIDED FOR THE REPORTER?

– Confidentiality of identity and any other information included in the report, including documentation.
– The prohibition of all forms of discrimination (e.g., dismissal, suspension, demotion, non-renewal or early termination of a fixed-term contract, negative merit notes or negative references).

The same protection also applies to facilitators and others assimilated to the reporter (e.g., Work Colleagues, etc.).

CAN REPORTS ALSO BE MADE IN OTHER WAYS?

The Whistleblower, in order to submit his reports, may also resort to the external channel activated at the National Anticorruption Authority (ANAC) https://www.anticorruzione.it/.
The Whistleblower may make an external report ONLY IF, at the time of its submission:
– there is no provision, within the work context, for the mandatory activation of the internal reporting channel or this channel, even if mandatory, is not active or, even if activated, does not comply with the requirements of the law;
– the reporting person has already made an internal report and the same has not been followed up;

– the reporting person has reasonable grounds for believing that, if he or she made an internal report, the report would not be effectively followed up or that the same report might result in a risk of retaliation;
– the reporting person has reasonable grounds for believing that the violation might pose an imminent or obvious danger to the public interest.

ARE THERE ANY LIABILITY LIMITATIONS FOR THOSE WHO REPORT, WHISTLEBLOW OR MAKE DISCLOSURES?

– Criminal liability and any other civil, administrative, and disciplinary liability is excluded in the case of disclosure of information covered by the obligation of secrecy (official secrecy, professional secrecy, scientific and industrial secrets; excluding forensic and medical professional secrecy), or relating to the protection of copyright or the protection of personal data; however, it is necessary that the report be made in the prescribed manner and that there are reasonable grounds to believe that the information is indispensable to bring out the violation;
– Criminal liability and any other civil, administrative, and disciplinary liability is excluded if information about violations that offends the reputation of the person involved is disclosed or disseminated; however, it is necessary that the report be made in the prescribed manner and that there are reasonable grounds to believe that the information is indispensable to bring out the violation;
– Criminal liability and any other civil, administrative liability shall be excluded if information about violations is acquired or for accessing the same provided that the person concerned has lawfully accessed the information, or otherwise acquired it with consent or by conduct that does not constitute a criminal offense;
– Criminal liability and any other civil, administrative liability is NOT excluded for conduct, acts or omissions that are unrelated to the report and that are not necessary, and therefore unnecessary, for the violation to emerge.

SANCTIONING POWERS OF ANAC.

– 10,000 to 50,000 euros when it determines that retaliation has been committed or when it determines that reporting has been obstructed or attempted to be obstructed or that the duty of confidentiality has been violated;
– 10,000 to 50,000 euros when it ascertains that reporting channels have not been established, that procedures for making and handling reports have not been adopted, or that the adoption of such procedures does not comply with that required by law, and when it ascertains that the verification and analysis of the reports received has not been carried out;
– 500 to 2,500 euros, in the case of loss of protections, unless the reporting person has been convicted, even at first instance, of the crimes of defamation or slander or otherwise of the same crimes committed by reporting to the judicial or accounting authority.