Reporting procedure FlexToday (whistleblower scheme)

Preface

FlexToday Integrity and safety are of paramount importance and we do everything we can to guarantee both. Unfortunately, this cannot prevent things from going wrong, threatening to go wrong or appearing to go wrong. Of course, you can always report this to your own manager, another manager or a board member.

Do you want to officially report a Abuse, of a Suspicion of wrongdoing or from a Breach or risk of breach of Union law within FlexToday, then you will find in these regulations how you should or can deal with officially reporting this.

This scheme also offers protection to reporters of (suspected) abuses and infringements of EU law. If you have any doubts about the rules, have questions about their explanation or have suggestions for improving this reporting procedure, you can contact the management of FlexToday, the integrity counselor of our company, the Reporting Center or a Competent Authority.

Article 1. Definitions

In this regulation the following definitions apply:

  1. Reporting procedure: this regulation for reporting abuses (whistleblower regulation).
  2. Message: reporting of (a suspicion of) an Abuse or Violation or a risk of violation of Union law within FlexToday.
  3. Abuse: an error is:
    1. a violation or a risk of violation of Union law, or
    2. an act or omission in which the social interest is at stake in:
      1. a violation or a risk of violation of a legal provision or of internal rules that entail a concrete obligation and that have been established by an employer on the basis of a legal provision, or;
      2. a danger to public health, to the safety of persons, to damage to the environment or to the proper functioning of the public service or a company as a result of an improper act or omission.

The social interest is in any case at stake if the act or omission does not only affect personal interests and there is a pattern or structural character or the act or omission is serious or extensive.

  1. Suspicion of wrongdoing: a reporter's suspicion that misconduct has occurred within the organization in which he is going to work, works, or has worked, or within another organization with which he has come into contact through his work. Such a suspicion must be based on reasonable grounds arising from the knowledge that the Reporter has FlexToday has acquired, or from the knowledge obtained through his work at another company or another organization.
  2. Infringement of Union law: a work-related violation or a risk of violation of Union law is an act or omission that concerns the following areas of Union law:
    1. government contracts;
    2. financial services, products and markets, prevention of money laundering and counter-terrorism;
    3. product safety and product compliance;
    4. safety of transport;
    5. environmental protection;
    6. radiation protection and nuclear safety;
    7. food and feed safety, animal health and welfare;
    8. public health;
    9. consumer protection;
    10. protection of personal data.
  3. Circle of Protected Persons: those to whom this reporting procedure applies are everyone who carries out work FlexToday, both those who have a current, former and/or future working relationship with FlexToday have, such as:
    1. employees;
    2. civil servants;
    3. self-employed persons, temporary workers, volunteers and interns;
    4. suppliers, contractor and subcontractors (or persons working under the responsibility of these persons);
    5. shareholders and directors;
    6. persons who assist the reporter, such as a confidential counselor or advisor;
    7. family members and colleagues of the reporter, if they have a working relationship with the person against whom the report is made;
    8. internal investigators and those who handle an internal report;
    9. applicants as well as the Reporter's family members and colleagues.
  4. Notifier: the person from the Circle of Protected Persons who makes or has made a Report in the manner prescribed in these Reporting Regulations.
  5. Confidential integrity advisor: the person who has a duty of confidentiality by virtue of his position and who can be consulted in confidence by a Reporter about whether or not to make a Report and who can report confidentially on behalf of a Reporter
  6. Counselor: an advisor with a duty of confidentiality who a Reporter can consult in confidence.
  7. Reporting point: internal point where the Report can be reported and from where careful follow-up is given to that Report;
  8. Competent authority: independent officer or officers, where the Report can be reported, and which independent officers can carefully follow up on that report. Examples of this include:
    1. the Dutch Data Protection Authority;
    2. the House for Whistleblowers;
    3. the Dutch Labor Inspectorate.
  9. House: the House for Whistleblowers referred to in Article 3 of the Whistleblowers Protection Act, which is open to Reporters.
  10. Prohibition of discrimination: prohibition of any form of disadvantage against a Reporter from the Circle of Protected Persons who has made a Report, such as, but not limited to; suspension, dismissal, a negative assessment, harassment or exclusion, premature termination of an agreement for the supply of goods or services or the withdrawal of a permit. Threatening or attempting to harm also falls under the ban on harm. The Disadvantage Prohibition applies to natural persons and legal entities that assist a Reporter.

Article 2. General provisions

  1. This Reporting Procedure applies to Reporters who report to the Reporting Center or to a Competent Authority.
  2. Those who belong to the Circle of Protected Persons can make use of this Reporting Regulation and are subject to the Disadvantage Prohibition, provided that the Report has been made in the manner prescribed in this Reporting Regulation.

Article 3. confidentiality

  1. Anyone who is involved in a Report or the investigation into a Suspicion of Wrongdoing and who is given access to data of which he or she knows or should reasonably suspect to be confidential, is obliged to keep that data confidential. This does not apply if any legal provision obliges him to provide information or if the need to provide information arises from his task in the implementation of the Whistleblowers Protection Act.
  2. Data of a confidential nature includes in any case:
    • data about the identity of a Reporter and of the person to whom the Abuse is attributed or with whom that person is associated and information that can be traced back to this, and
    • information about a trade secret.
  3. The identity of a Reporter and the information on the basis of which the identity of the Reporter can be directly or indirectly determined will not be disclosed without the Reporter's consent.

Article 4. Reporting to the Reporting Center or the Integrity Confidential Advisor (internal Report)

  1. Internal reporting to the Reporting Center or to the Integrity Confidential Advisor is preferred FlexToday because the Misconduct or Infringement can then be tackled most quickly. FlexToday can therefore take immediate measures to stop the Abuse or Infringement ('self-cleaning capacity' of the organization). When reporting directly externally, the Reporter misses the internal investigation option.
  2. Reports can be reported internally to the Reporting Point: Marielle van Xanten
    + 31 (0)24 645 07 40
    whistleblower@flextoday. Nl
    Rijstveld 5, 6641 SK Beuningen confidential with the (external) Integrity Confidential Advisor: Stijn Arts (Familiar Conversation)
    +31 (0)6 23 28 62 93
    info@vertrouwdspraak.nl - trustedconversation.nl
  3. The Reporter can make a Report to the Reporting Center in various ways: in writing, verbally, by telephone, via a voice message, by email or in person. If the (possibly future) Reporter wishes this, an on-site interview can be arranged within a reasonable period.
  4. A Reporter can make an anonymous Report to the Integrity Confidential Advisor. For contact details, see Article 4, paragraph 2.
  5. A Reporter and all persons from the Circle of Protected Persons who are considering a Report have the opportunity to consult an Advisor in confidence about a suspicion of wrongdoing.
  6. A Reporter and all persons from the Circle of Protected Persons who are considering a Report have the opportunity to consult the Integrity Confidential Advisor/ask for advice on a suspicion of wrongdoing. For contact details, see Article 4, paragraph 2.
  7. Someone who reports to the Reporting Center is entitled to:
  • confirmation of receipt within seven days;
  • information about the next steps within three months after confirmation of receipt;
  • obligation of confidentiality: his or her identity may not be disclosed without permission;
  • protection of his or her personal data;
  • protection against disadvantage.

Article 5. Registration of Reports

  1. If a Reporter has reported an Abuse, Suspicion of an abuse or Breach or a risk of violation of Union law only to the Integrity Confidential Advisor, the latter will - only with the express consent of the Reporter and in a manner and time agreed with the Reporter - report the Notification Center and/or the Competent Authority of the Report, stating the date on which it received the Report. If the Reporter wishes, the identity of the Reporter must remain confidential. This can only be released if the Reporter expressly agrees to this.
  2. All notifications are passed on FlexToday registered in a register set up for that purpose.
  3. If a report is made via telephone or another voice messaging system, that report is recorded by storing an accurate written record (transcription) of the conversation, the Notifier is given the opportunity to check the written record and correct it if necessary. and approve.

Article 6. confidentiality

The Reporter who reports an Abuse, Suspicion of Abuse or a Violation or a risk of violation of Union law and his Advisor as well as the person(s) to whom an Abuse, Suspicion of an Abuse or a Violation or a risk of violation of has been reported under Union law, we will treat the Report confidentially. Without prior permission from FlexToday no information is provided to third parties within or outside the organization.

When providing information, the identity of the Reporter is not mentioned and the information is provided in such a way that the anonymity of the Reporter is guaranteed.

Article 7. Notification to the Competent Authority (external Notification)

Reports, including anonymous Reports, can be reported externally to the Competent Authority(ies) immediately or after an internal Report, including:

  • the Dutch Data Protection Authority (www.autoriteitpersoonsgegevens.nl);
  • the House for Whistleblowers (www.huisvoorklokkenluiders.nl);
  • the Dutch Labor Inspectorate (www.nlLaborInspection.nl).

Current contact details or information about making a report can be consulted on the website of the relevant Competent Authority.

Article 8. Protection

  1. All Reporters and anyone from the Circle of Protected Persons who is considering a Report or is involved with a Reporter falls under the Disadvantage Prohibition and is thus protected against disadvantage, so that they always have the opportunity to Report about a Report without endangering their (legal) position. (Suspicion of) Wrongdoing within the organization or reporting Information about Breach or a risk of breach of Union law.
  2. Reporters cannot be held liable for, for example, defamation, disclosure of trade secrets or breach of copyright or confidentiality if they rightly believed that this was necessary to reveal an Wrongdoing or Breach or a risk of breach of Union law.
  3. These Reporting Regulations and the Discrimination Ban are not intended for complaints of a personal nature from a Reporter, nor for criticism of policy choices made or for conscientious objections.
  4. The Reporter who makes a Report must not act for personal gain; Even then, these Reporting Regulations and the Disadvantage Prohibition do not apply.
  5. The Reporter who makes a Report of an Abuse, Suspicion of an abuse or a Violation or a risk of violation of Union law in which he himself has consciously participated, is not exempt from sanctions.

Article 9. Information, advice and support

  1. A Reporter or potential Reporter can request the Integrity Confidential Advisor for information, advice and support regarding an Wrongdoing, Suspicion of Wrongdoing or a Breach or a risk of violation of Union law.
  2. In addition, a Reporter, a potential Reporter and/or a person from the Circle of Protected Persons can rely on the advisory task of the House, for example a request for information, advice and support regarding the suspicion of an abuse or a Breach or a risk of violation of Union law, see: huisvoorklokkenluiders.nl/ik-vermoed-een-misstand

Article 10. Research

  1. The Reporting Center will, as soon as reasonably possible, investigate the reported Abuse, the reported Suspicion of an abuse or the reported Violation or a risk of violation of Union law, unless:
    1. the Report is not based on reasonable grounds, or
    2. it is clear in advance that the Report does not relate to an Abuse, a suspicion of an Abuse or a Violation or a risk of violation of Union law as referred to in this Reporting Procedure.
  2. If the Reporting Center decides not to initiate an investigation, the Reporting Center will inform the Reporter and/or the Integrity Confidential Advisor in writing within two weeks of the internal Report. This decision shall be reasoned.
  3. If the Reporting Center decides to initiate an investigation, the Reporting Center will inform the Reporter and/or the Integrity Confidential Advisor in writing within two weeks of the internal Report.

Article 11. Powers of Reporting Center

  1. For the purpose of the investigation into a Report, the Reporting Center is authorized to request all relevant documents that it deems necessary for the formation of its advice. FlexToday is in principle obliged to provide the Reporting Center with the requested information or to assist in acquiring it. If the requested information is not provided or is partially provided FlexToday is provided, this will be substantiated and made known to the Reporting Center.
  2. For the purpose of the investigation into a Report, the Reporting Center can in any case contact the management of FlexToday to hear.
  3. If the content of the information provided by the management of FlexToday If information provided – due to its confidential nature – must remain exclusively available to the Reporting Centre, this will be communicated to the Reporting Centre.
  4. The Reporting Center may engage experts to obtain the necessary information, taking into account the provisions of paragraph 5 of this article.
  5. Up to a maximum of € 2.000,00, the costs incurred by the Reporting Center will automatically be charged to the management of FlexToday. Costs above this maximum require prior approval from the management of FlexToday. This approval must be obtained from directors who are not the subject of the report or involved in the substantive conduct of an internal investigation.

Article 12. Advisory report

  1. If the Reporting Center has investigated the Report, the Reporting Center will record its findings regarding the Report as soon as possible, but no later than eight weeks after receipt of the Report, in an advisory report addressed to the management of FlexToday. The advisory report provides an opinion on the validity of the Report and the Reporting Center makes recommendations to the management of FlexToday.
  2. In special cases, this period can be extended and the Reporting Center will inform the Reporter and/or the Integrity Confidential Advisor and the management of FlexToday about this. However, within a maximum of three months after sending the confirmation of receipt, the Reporter and/or the Integrity Confidential Advisor must be informed about the follow-up and any subsequent steps.
  3. The advisory report with recommendations is - to the extent necessary for the protection of the Reporter - provided to the Reporter and/or the Confidential Advisor in an anonymized form and taking into account any confidential nature of the information provided to the Reporting Center and the applicable legal provisions. integrity and the management of FlexToday.

Article 13. Position

  1. Within four weeks of receipt of the advisory report from the Reporting Center, the Reporter and/or the Integrity Confidential Advisor, the Reporting Center and the person(s) to whom the Abuse, the suspicion of an Abuse or the Violation or a risk of violation of Union law relates to has, by or on behalf of the management of FlexToday informed in writing of a substantive position regarding the Report. It is also indicated which steps the Report has led to or will lead to.
  1. In special cases, this period can be extended by a maximum of four weeks. The management of FlexToday reports this in writing to the Reporter and/or the Integrity Confidential Advisor, to the Reporting Center and to the person(s) to whom the Malpractice, the suspicion of Malpractice or the Violation or risk of violation of Union law relates.

Article 14. Publicity of this Reporting Policy

  1. The management of FlexToday ensures that this Reporting Regulation can be consulted in a confidential and accessible manner and publishes this Reporting Regulation in an online environment where everyone who falls within the Circle of Protected Persons can always consult the Reporting Regulation in a untraceable manner.
  2. The management of FlexToday informs all interested parties of the existence of this Reporting Procedure.

Article 15. Other regulations

  1. This arrangement comes into effect on January 22, 2024.
  2. In those situations or circumstances that are not regulated in this Reporting Regulation, the management of FlexToday.

The management of FlexToday

Version January 2024