Whistleblowing
WHISTLEBLOWING REPORTS
Information on the modalities of application of the right to whistleblowing reports in the company provided for by Legislative Decree 24/2023
Legislative Decree 24/2023, regulates the modalities for making a whistleblowing report by:
– Staff of the organisation (employees, managers, trainees);
– Directors and/or members of corporate bodies;
– Third parties who are not employees (contractors, consultants, third-party suppliers of goods or services).
It should be noted that the reports must provide useful elements for verifying and ascertaining the validity of the facts reported;
Relevant for the purposes of the Reports are to be considered indicative:
– Facts that may constitute crimes, offences, irregularities;
– Conduct detrimental to the “company” (as a whole) or to the public and/or Community interest;
– Actions that may damage the health and/or safety of members, employees, third parties and/or the environment.
Reports made with wilful misconduct or gross negligence, or which turn out to be false, unfounded, defamatory or in any case made with the sole purpose of damaging the company, the reported person or other persons concerned by the report, expose the reporting person to civil and criminal liability;
Personal complaints are not grounds for Reports;
Reports made anonymously can only be taken into consideration if they are adequately substantiated and provided with full details. Such Reports may subsequently be supplemented with the personal details of the person making the Report;
For all Reports, appropriate measures will be taken to ensure the confidentiality of the personal data of the persons concerned, unless otherwise stipulated by law.
How to make a Report:
Whistleblowing reports can be sent by using the written form and filling in the form that can be downloaded from this website or requested from the relevant office in the company
In the case of using the postal service or in the case of delivery to the company premises, the report must be handled using the system of three sealed envelopes, i.e:
– The first envelope should contain the identification data and contact details of the reporter together with a photocopy of a valid identity document (except in the case of anonymous reports);
– The second envelope should contain the report form, so as to separate the identity of the reporter from the report.
Both envelopes should then be placed in a third sealed envelope bearing the words “confidential/personal – whistleblowing” along with the address of the corporate office on the outside.
Any other description to be used in this way:
– Internal mail with a sealed envelope marked “confidential/personal” to be placed in the appropriate whistleblowing boxes;
– Postal service by addressing it to ORCHIDEA FRUTTA srl’s Registered Office in Via Zara, 41 – 70018 – Rutigliano (BA) and addressed for the attention of the Whistleblowing Department, bearing the caption “opening reserved for the addressee”.
NOTICE PURSUANT TO ART. 13 OF REGULATION (EU) 2016/679 (“GENERAL DATA PROTECTION REGULATION”)
ORCHIDEA FRUTTA srl, in fulfilment of the obligations provided for by the Italian and European legislation on data protection (EU Regulation 2016/679), informs you about the processing of the personal data you provide in order to report unlawful conduct as provided for by Legislative Decree 10 March 2023 No. 24 in transposition of EU Directive 2019/1937 of the European Parliament and of the Council of 23 October 2019 concerning the protection of persons who report breaches of Union law and national laws.
- DATA CONTROLLER
The Data Controller is ORCHIDEA FRUTTA srl, VAT No. 05846810728 with registered office in via Zara, 41 – 70018 Rutigliano (BA)
The Data Controller protects the confidentiality of personal data and guarantees them the necessary protection from any event that could put them at risk of violation.
- PERSONAL DATA CATEGORIES AND PURPOSE OF PROCESSING
The processing in question entails the provision, by filling in paper forms or a form on a special IT procedure, of: personal data, contact data, data on the professional qualification held and additional data and information related to the reported unlawful conduct.
The aforementioned platform allows data to be stored on our servers located in the EU and is equipped with an encryption system that guarantees that the reporter’s identity is kept confidential.
The data provided are processed exclusively for the purpose of investigating the report in order to ascertain any wrongdoing.
- LEGAL BASIS OF THE DATA PROCESSING
The legal basis of the processing is Article 6, c1 of EU Regulation 679/2016, i.e. fulfilment of a legal obligation to which the data controller is subject.
The provision of personal data requested by ORCHIDEA FRUTTA srl is necessary for the pursuit of the purposes indicated above. Any refusal to provide the data necessary for these purposes may result in the impossibility of fulfilling the data subject’s requests, or in the impossibility of proceeding with the investigation of the report.
- PROCESSING OF PERSONAL DATA
The personal data provided will be processed exclusively by the Head of the Group Internal Audit Department. In any case, no personal data will be disclosed.
- RECIPIENTS AND CATEGORIES OF RECIPIENTS OF PERSONAL DATA
In the cases provided for by the law, personal data may be disclosed to the National Anti-Corruption Authority or to the judicial authorities.
- PROCESSING METHODS
The Whistleblower’s personal data will be processed by automated and non-automated means, ensuring the use of appropriate security and organisational measures, and guaranteeing the data’s privacy. Further details are given on the Whistleblowing procedure
- DATA RETENTION PERIOD
The data collected will be retained for the duration of any investigation, disciplinary or criminal proceedings and in any case will be kept for five years from the date of the report.
Finally, personal data may also be kept for as long as permitted by Italian law to protect the legitimate interests of ORCHIDEA FRUTTA srl (art. 2947, par. 1 and 3 of the Italian Civil Code).
- DATA SUBJECTS’ RIGHTS: ACCESS, CORRECTION AND DELETION OF PERSONAL INFORMATION
The reporter has the rights provided by the new European legislation on the processing of personal data, namely:
- access to the data (including in order to know the origin of the data, the purposes and methods of processing and the logic applied thereto, as well as the identification details of the data controller, data processor and categories of persons to whom the data may be communicated)
- to update and rectify or delete the data,
- to request the restriction of processing or to object to processing,
- to request the portability of their data and to transmit them to another data controller
- to revoke, at any time, the consent given. Any subsequent withdrawal of consent shall not affect the lawfulness of the data processing carried out in the period prior to such withdrawal.
- to lodge a complaint with the Data Protection Supervisor (for more details on how to do this, please visit the website garanteprivacy.it).
The aforementioned rights may be exercised by making a request to ORCHIDEA FRUTTA srl by sending:
- an email to the following email address: privacy@orchideafrutta.it
- a registered letter with acknowledgement of receipt to the following address: ORCHIDEA FRUTTA srl – via Zara, 41 – 70018 Rutigliano (BA)
MODIFICATIONS AND UPDATES TO THIS NOTICE
ORCHIDEA FRUTTA srl will take care of modifying or simply updating, in whole or in part, this information on the processing of data, also in consideration of changes in the laws or regulations that govern this matter and protect the rights of service users.
Last updated July 2023
FORM FOR REPORTING UNLAWFUL CONDUCT
Persons falling into the following categories may report unlawful conduct:
- Staff of the organisation (employees, managers, trainees)
- Directors and/or members of corporate bodies
- Third parties who are not employees (contractors, consultants, third-party suppliers of goods or services)
