Fairmat S.r.l. (hereinafter also “the Company” or “Fairmat”) adopts a process of reception, analysis and processing of reports (even anonymous) related to the Company sent by third parties or Fairmat’s staff.

The process complies with the new regulations introduced by Legislative Decree No. 24 dated March 10th, 2023, implementing directive (EU) 2019/1937 of the European Parliament and of the Council dated October 23rd, 2019 on the protection of persons who report breaches of Union law and laying down provisions on the protection of persons who report breaches of national regulatory provisions (the so-called “Whistleblowing Decree”).

The report management process is an integral part of Fairmat’s Organization, Management and Control Model pursuant to Legislative Decree No. 231/2001.

Fairmat implements a dedicated encrypted electronic platform for sending and managing reports.

If you want to make a Report to Fairmat use the following link: https://whistleblowersoftware.com/secure/Fairmat

 

Who and What to report

Who may report

A report may be made by:

  • the employees, self-employed, collaborators, volunteers and trainees, even unpaid, who carry out their job at Fairmat;
  • the workers or collaborators who carry out their job with entities, which provide goods or services or  carry out works in favor of third parties; the freelance professionals and consultants who carry out their activity at Fairmat; the shareholders and persons of Fairmat having administration, management, control, supervisory and representation functions.

These subjects report information on breaches of which they became aware within their own work-related context.

Reports may also be made:

  • when the legal relationship has not started yet if the information on breaches was acquired during the selection process or in other pre-contractual phases;
  • during the trial period;
  • following the dissolution of legal relationship if the information on breaches was acquired during the relationship.

Fairmat wishes that the reports  mention the identity of the Whistleblower (reporting person), whose confidentiality is ensured in compliance with regulations in force, in order to make verification of reported facts easier and inform the Whistleblower on the outcome of investigations carried out. However, anonymous reports are admitted and guaranteed.

What to report

Information on breaches having as subject matter facts (of any nature whatsoever, even merely omissions), attributable to Fairmat staff or third parties, that may cover:

  • breaches of Model 231 and/or of Fairmat’s Code of Ethics and/or of in-house corporate regulations and/or in any case capable to cause harm or prejudice, even just of image or reputation, to Fairmat;
  • relevant unlawful conducts pursuant to Legislative Decree No. 231 dated June 8th, 2001;
  • offenses, which fall within the scope of application of the deeds of the European Union and the national provisions that implement them;
  • acts or omissions that are detrimental to financial interests of the European Union;
  • acts or omissions as regards the internal market (by way of example: breaches of competition and State aids);
  • acts or behaviors that nullify the object or purpose of the provisions under acts of the European Union.

Reports must concern facts of which the Whistleblower is aware and the Whistleblower must have sound grounds to believe that the reported information is true at the time of reporting.

Reports must be made promptly with respect to knowledge of the facts so that the verification can be actually possible.

Reports, viz. whistleblowing do not cover: complaints, claims or requests related to a personal interest of the Whistleblower, which concern exclusively his/her individual employment relationship, or related to his/her own relationship with hierarchically higher-level figures; the notices or complaints related to commercial activities or services to the public.

Internal reporting channels

Reports may be sent: i) in writing or verbally through the electronic platform accessible from the Fairmat Internet site or by scanning relevant QR Code made available to the persons concerned; ii) verbally, by means of a declaration issued by the Whistleblower in a specific hearing. The hearing must, however, be requested through the above-mentioned electronic platform.

The electronic platform is the preferential tool for sending and managing reports because it is more suitable to guarantee, through electronic procedures, the confidentiality of the identity of the Whistleblower and proper security measures of information.

It is possible through the platform:

  • to send a report;
  • to change or update a report sent;
  • to consult the status of a report sent;
  • to receive an answer on the follow-up given to the report.

The platform allows:

  • to process the report anonymously;
  • to keep the contents of the report confidential throughout its entire management stage allowing access to the authorized subjects only;
  • to adopt secure protocols for data transport in the network as well as use of encryption tools for the contents of the report and any attached documentation;
  • to interact with the Whistleblower, guaranteeing his/her anonymity.

External reports and public disclosure

Legislative Decree No. 24/2023 provides for the possibility to make external reports to the National Anti-Corruption Authority (ANAC) and public disclosures of breaches in the cases explicitly provided for by the regulations. It is allowed to make external reports to ANAC only in the cases specified hereunder:

  • where the internal reporting channel is not active or if it does not comply with the law;
  • in cases where the Whistleblower has already made an internal report which was not followed up;
  • in cases where the Whistleblower has sound grounds to believe that should he/she make an internal report, it would not be effectively followed up or it may cause a risk of retaliation;
  • in cases where the Whistleblower has sound grounds to believe that the breach may be a forthcoming or evident danger for the public interest.

Protection of the Whistleblower

In compliance with provisions of law, Fairmat warrants the confidentiality of the Whistleblower’s identity starting from receipt of the report and prohibits (and  sanctions as permitted by its own powers and authority) any direct or indirect form of retaliatory or discriminatory measures and behaviors  taken against the Whistleblower as a result of the report, including those omissive, even attempted or threatened, as well as those addressed to third parties related to the Whistleblower, such as relatives, colleagues, legal persons, of which the Whistleblowers are owners or for which they work, who operate in a work-based context related to Fairmat.

The subjects involved for any reason whatsoever in the management of reports are liable, within the limits set down by law, to confidentiality as to the existence and contents of the received report and activity carried out in this regard and ensure the confidentiality of the identity of the Whistleblower in accordance with the provisions of the regulation in force.

An acknowledgment of receipt of the report is issued to the Whistleblower within 7 days of the date of receipt. The Whistleblower is also informed of the outcome of the investigations carried out in this regard.

Protection of the person involved

Fairmat protects the rights of the persons involved, first of all ensuring proper confidentiality.

Following a properly tracked assessment, the communication of the outcome of the investigation to the Person Involved may be delayed or not made, as a whole or in part, should it be necessary to wait for the act of public authorities, or should it be reasonable to believe that  provision of said communication may jeopardize the confidentiality of the Whistleblower’s identity protected by law.

Process

Reports are addressed to the Ethic Committee of Fairmat. The investigation activities, aimed at ascertaining the soundness of the reported facts, are carried out by the in-house function Legal Counsel & Privacy Manager and by the Supervisory Body of Fairmat.

In particular, the Supervisory Body manages, especially, the reports on breach or attempted avoidance of Model 231 of Fairmat and/or of implementing procedures or breaches of the Code of Ethics, which have or could have relevance in accordance with Legislative Decree No. 231/2001 as well as relevant unlawful conducts in accordance with Legislative Decree No. 231 dated June 8th, 2001.

Personal Data Processing

As part of the management process of reports, personal data is processed in compliance with the relevant regulation in force ((EU) Regulation 679/2016 and Legislative Decree 196/2003, as amended by Legislative Decree 101/2018). You may consult below the privacy policy: Whistleblowing Policy