Management of Whistleblowing Reports

FAQ Whistleblowing

Who can report?

Employees, self-employed persons, holders of a collaborative relationship, volunteers and trainees, whether or not paid, who carry out their work at Arco Spedizioni S.p.a.; workers or collaborators who carry out their work at entities that provide goods or services or that carry out works for third parties; freelancers and consultants who carry out their work at Arco Spedizioni S.p.a.; the shareholders and people of Arco Spedizioni S. p. a. with administrative, management, control, oversight or representation functions. These individuals shall report information on violations of which they become aware within their work context.

Report can also be made:

1. where the legal relationship has not yet started, whether the information on the infringements was acquired during the selection process or at other pre-contractual stages;
2. during the trial period;
3. after the dissolution of the legal relationship if the information on the infringements was acquired in the course of that relationship;

What can be reported?

Information on infringements related to acts (of any nature, even mere omissions) attributable to persons of Arco Spedizioni S.p.a. or to third parties, which may include:

1. violations of internal company regulations and / or in any case suitable to cause damage or prejudice, even only of image or reputation to Arco Spedizioni S.p.A.:

• real and persistent abuse of power, corruption, fraud, theft and other improper behaviour;

• violation of internal policies or the ethical code

• the risk of crime on financial services, products and markets and the prevention of money laundering and terrorist financing;

• product safety and conformity, including with regard to health risks;

• safety in the rail, road and maritime transport;

• practices endangering the health and safety of workers or causing damage to the environment;

• food and feed safety, animal health and welfare;

• unlawful dissemination of personal data: protection of privacy and personal data and security of digital networks and information systems.

• offenses that fall within the scope of application of European Union acts and the national provisions that implement them;

• illegal conduct pursuant to Legislative Decree No. 231 of 8 June 2001;

• unlawful acts that fall within the scope of application of European Union acts and the national provisions that implement them;

• acts or omissions detrimental to the financial interests of the European Union;

• acts or omissions concerning the national market (for example: infringements in competition and State aid);

• act or behaviour that defeat the object or the purpose of the provision of European laws;

Reports shall relate to facts of which the reporter is aware and has reasonable grounds to believe that the information reported is true at the time of the report. The report must be made promptly with respect to knowledge of the facts in order to make it concretely possible to verify them.

How you can send a report?

Arco Spedizioni S.p.a. provides the following transmission channel:

– IT platform: accessible from the Arco Spedizioni S.p.a. website – arcospedizioni.comunicazioneilleciti.it – and from the company intranet. This channel is to be considered preferential as it is more suitable for guaranteeing the confidentiality of the identity of the reporter and adequate information security measures;

– Ordinary mail: to the address of Arco Spedizioni S.p.a. – Via Buonarroti n. 203 in 20900 Monza (MB);

– Verbally: through a statement issued by the reporting party, in specific hearing set within a reasonable time from the occurrence/discovery of the facts to be reported to the appropriate office which will subsequently be communicated;

Why you should make a report?

The reports may allow the company to promptly identify and remedy illegal or irregular acts that could damage the interest and integrity of Arco Spedizioni S.p.a. or third parties.

The reporter (even if anonymous), during the assessment and investigation period is informed of the receipt of the report and of the results of the investigations carried out on the reported information.

Which protections Arco Spedizioni S.p.A. guarantees to the Whistleblower:

In compliance with the law, Arco Spedizioni S.p.a. guarantees the confidentiality of the Whistleblower’s identity upon the receipt of the report and prohibits (and sanctions to the extent permitted by its powers and faculties) any direct or indirect form of retaliatory or discriminatory measures and behaviour taken against the Whistleblower as a result of the report, including omissions, even attempted or threatened, as well as those directed against third parties related to the Whistleblower, such as relatives, colleagues, legal entities whose are owners or for whom they work, operating in a working context connected with Arco Spedizioni S.p.a.

In the event of non-anonymous reporting, the Company implements all possible safeguards against (non-exhaustive, not limited to)

• dismissal, suspension or equivalent measures;

• demotion or failure to promote;

• change of functions, change of place of work, reduction of salary, change of working time;

• suspension of training or any restriction of access to training;

• demerit marks or negative references;

• adoption of disciplinary measures or other sanctions, including fines;

• coercion, intimidation, harassment or ostracism;

• discrimination or any other unfavourable treatment;

What protections does Arco Spedizioni S.p.a. provide to the person involved (any person mentioned in the report?)

Arco Spedizioni S.p.a. protects the rights of the persons involved, first of all by ensuring, in order to guarantee the appropriate confidentiality, that any communication relating to their identity strictly follows the criterion of “need to know”.

The person involved shall be informed of the existence and content of the report and shall receive a copy thereof, with the exception of the reference to the identity of the Whistleblower, which may not in any case be disclosed to the person concerned, without prejudice to the cases expressly provided for by law.

The person concerned shall have the right to be informed of the outcome of the investigation, except where expressly provided for in the relevant company procedure.

It is possible to send an anonymous report?

Yes, reports can also be sent anonymously. Also to ensure greater reliability for this point, the Digital Platform is not managed by Arco Spedizioni S.p.A. but ‘by third parties. In addition, the reports made on it are guaranteed by parameters of unrecognisability of the Whistleblower as well as by high security standards. In no way is it possible to trace the identity of the Reporter.

What Arco Spedizioni S.p.a. does once the report is received?

The Whistleblowing Directive provides for a maximum of 7 days to give the first feedback to the Whistleblower about the receipt of the report and 90 days to communicate the stage of the investigation (ongoing/closed).

The company has identified the Head of the HR Department as the body responsible for verifying the content of the report and carries out investigations on the facts reported to verify their validity and allow the adoption of measures to prevent or sanction irregularities or offenses if ascertained, acting in full compliance with the rules on the confidentiality of information, facts, places or personal data of which it becomes aware.

In the event that, during or at the end of the investigation, the Authority establishes a possible crime, it will immediately notify to the Data Controller of these circumstances in order to submit a regular complaint to the Judicial Authority.

How the protecion of the libelous or defamatory reports is guaranteed?

Libelous or defamatory reports are prohibited and sanctioned by law and, in disciplinary terms, by Arco Spedizioni S.p.a.

How personal data is processed?

Personal data are processed in compliance with the applicable legislation. Information on the purposes and methods of processing is available on the website of Arco Spedizioni S. p. a. and on the corporate intranet.