The present notice is addressed to those who engage with Grottini S.r.l. (hereinafter also “Company”) and are entitled to report any unlawful corporate conduct they are directly involved or have knowledge of.
Specifically, the purpose of the present notice is to provide the potential reporting parties with comprehensive information regarding the procedural framework governing, including the relevant regulatory rules.
The notice is accessible to potential interested parties as:
In particolare, salvo specifiche eccezioni previste dalla legge, la protezione assicura che l’identità dei suddetti soggetti e qualsiasi altra informazione a loro riconducibile non possano essere rivelate, senza il consenso espresso degli stessi, ad un soggetto diverso da quello competente a ricevere e/o a dare seguito alle segnalazioni.
2. Internal mechanism for reporting
The Company complies with its legal obligations and adheres to the ANAC ‘whistleblowing’ guidelines (ANAC Resolution No. 311 of 12 July 2023). Thus, it has implemented an internal digital channel for reports.
In particular, the Company has established a dedicated digital platform that facilitates the reporting of unlawful conduct. This platform ensures ease of use while guaranteeing the whistleblower’s confidentiality to the highest standard.
The reporting mechanism allows whistleblowers to get in touch with the appointed Reporting Manager. When a report is submitted, the system generates a unique “key code” that is automatically and randomly assigned. By entering this code into the designated section of the platform, the whistleblower can:
The whistleblower’s motives for submitting, disclosing, or publicly reporting unlawful conduct are irrelevant to the processing of the report or the application of protections against retaliation. However, reports related solely to personal grievances, claims, or requests are not considered whistleblowing.
Whistleblowers may choose not to include their personal details in the report. Nevertheless, in the case of anonymous reporting, ANAC guidance emphasises the importance of submitting detailed and well-documented reports to avoid dismissal. Without sufficient substantiation, the protections under Legislative Decree No. 23 of 30 /03/2023 will not apply.
As an alternative to the above methods, the whistleblower may request a specific meeting with the Manager to report corporate misconduct “orally.”
3. Regarding data management
Upon receipt of the report, the Reporting Manager (the “Manager”) shall, within seven days, acknowledge its receipt and notify the whistleblower by means of an acknowledgment of receipt. Subsequently, within three months from the date of the acknowledgment, the Manager will provide feedback to the whistleblower.
The Manager ensures confidentiality by maintaining all related documentation in a designated and securely stored confidential register.
Pursuant to Article 14 of Legislative Decree No. 24/2023, reports and the related documentation are retained for the period necessary to process the report, but in any event, no longer than five years from the date of the final outcome of the reporting procedure. This retention is carried out in compliance with the confidentiality obligations under Article 12 of Legislative Decree No. 24/2023 and in accordance with the principles set out in Article 5(1)(e) of Regulation (EU) 2016/679 and Article 3(1)(e) of Legislative Decree No. 51 of 2018.
4. Report through ANAC platform and Public disclosures
In the circumstances expressly provided for by law, reports may be submitted through:
Reports of unlawful conduct may also be filed with the Judicial Authorities, provided that the relevant legal provisions are strictly observed.
The individuals entitled to submit reports of corporate misconduct are those listed under Article 3 of Legislative Decree No. 24/2023. By way of example and without limitation, reports may be made by:
Whistleblowers are afforded protection as follows:
Protection is also extended to any individuals who may suffer adverse consequences due to their specific connection to the whistleblower. In accordance with ANAC guidelines, this includes those who operate or have operated in the same working environment as the whistleblower and are bound to them by a stable emotional or familial relationship, up to the fourth degree of kinship.
Furthermore, protection is afforded to all individuals playing a key role in the reporting process (commonly referred to as facilitators). Under ANAC guidelines, facilitators may include colleagues from the whistleblower’s office or another office who assist the whistleblower. The identity of facilitators must remain confidential.
Reports may concern any acts and/or behaviors which, in the opinion of the whistleblower, not only constitute a violation of public or private interests but are also capable of constituting civil, criminal, administrative, and/or accounting offenses. By way of example, and not limited to, the whistleblowing mechanism may be used to report:
8. Observance of retaliatory acts
In accordance with the provisions of Article 17 of Legislative Decree No. 24/2023, the Company will comply with the prohibition on taking any retaliatory action against whistleblowers.
The Company reserves the right, at its discretion, to change, modify, add, or remove any part of this notice at any time. To facilitate the verification of any changes, the notice will include the date of the most recent update.
