WHISTLEBLOWING
Information regarding the processing of personal data in accordance with Art. 13 of the European regulation N. 679/16 (“GDPR”) in relation to the management of reports ex D.lgs. 24/2023 regarding whistleblowing
We hereby wish to provide appropriate information ex art. 13 Reg. Eu n. 679/2016 (c.d. GDPR) and ex art. 13 of D.lgs. 24/2023 about the basic elements of the processing we perform on the data provided as a result of a Report for the management of the same. In this regard, it should be noted that the personal data collected will be processed in accordance with the principles of fairness, lawfulness, transparency, and protection of your privacy and rights. The identity of the whistleblower will not be disclosed except as necessary for investigation and with the whistleblower’s prior written consent.
a) Data collected
The data collected include personally identifiable data, that is, information about you personally that would allow third parties to identify you. These are some examples of data we collected:
– common data of the non-anonymous reporter
- Name
- Surname
- Job role
- Phone Number
- E-mail address
- Unlawful acts subject to reporting
– Special data such as:
- health conditions
- trade union membership
- sexual orientation
- criminal convictions
– Common and/or special identifying data of the reported person;
– common and/or particular identifying data of persons informed of the facts and/or involved in the report.
b) Purpose and Legal Basis of Processing
Data collected by Sicor S.r.l. (the “Owner”, hereinafter “the Company”) will be processed for the following purposes:
- Management of the Report made pursuant to Leg. 24/2023;
- Fulfillment of obligations under the law;
- defense or establishment of one’s right in civil, administrative or criminal litigation.
The legal basis for the processing is:
– for the purposes set forth in 1 and 2 by the fulfillment of a legal obligation to which the Data Controller is subject under Art. 6(1)(b). c) and parr. 2 and 3 art. 9 , par. 2 lett. b) e artt. 10 and 88 of Gdpr;
– for the purpose of point 3 by the legitimate interest of the owner ex art. 6, co. 1 lett. b, Gdpr;
– for Reports collected orally by the consent of the Reporting Party ex art. 6, co. 1, lett. a, Gdpr.
c) Duration of processing and data retention
Such data will be processed for as long as necessary for the processing of the Report and in any case for no longer than 5 years from the date of communication of the final outcome of the Reporting procedure by the Supervisory Board ex art. 14 Legislative Decree. 24/2023.
d) Method of treatment
The processing of data for the stated purposes is carried out by automated (electronic medium), and paper-based methods in compliance with the rules of confidentiality and security provided by law, consequent regulations and appropriate internal provisions. The system for handling Reports guarantees, at every stage, the confidentiality of the identity of the Whistleblower, the persons involved and/or otherwise mentioned in the Report, the content of the Report and the related documentation, subject to the provisions of Art. 12 co. 5 and 6 of D.lgs. 24/2023.
e) Mandatory or optional nature of providing data
The provision of data is not compulsory, but it is necessary for the achievement of the above purposes; failure to provide, partial or inaccurate data may result in the inability to manage the Report.
f) Categories of individuals who may have access to the data
In order to give effect to the processing, personal data will be communicated to individuals who will process the data as autonomous Data Controllers or Data Processors (Art. 28 GDPR) and will be processed by individuals (Art. 29 GDPR and/or Art. 2-quaterdecies Legislative Decree No. 196/2003) acting under the authority of the Data Controller and Data Processors on the basis of specific instructions given regarding the purposes and methods of processing.
Data will be disclosed to recipients in the following categories:
– The Supervisory Board, which is entrusted with the management of the internal reporting channel;
– HR Office as an aid to the Odv in handling reports;
– third parties to maintain the whistleblowing information system adopted by the Data Controller;
– Attorneys and/or technical advisors to defend the company’s rights where necessary;
– judicial authorities and public authorities (including ANAC).
Personal data will not be disseminated in any way.
We inform you that as a data subject, in addition to the right to lodge a complaint with the Privacy Guarantor, you also have the rights provided for in Articles 7 co. 3, 15, 16, 17, 18, 20, 21 and 22 of the GDPR, which you can exercise by addressing a specific written request to the Data Controller and/or the Data Processor, as indicated in point i). The following is the text of the above articles.
GDPR
Art. 7, co. 3 – Right to withdraw consent
Data subjects have the right to withdraw their consent at any time. Withdrawal of consent does not affect the lawfulness of processing based on consent prior to withdrawal.
Art. 15 – Right of access
The data subject has the right to obtain confirmation from the Data Controller that personal data concerning him or her is or is not being processed, and if so, to obtain access to the personal data and information regarding the processing.
Art. 16 – Right of rectification
The data subject has the right to obtain from the data controller the rectification of inaccurate personal data concerning him or her without undue delay. Taking into account the purposes̀ of the processing, the data subject has the right to obtain the integration of incomplete personal data, including by providing a supplementary statement.
Art. 17 – Right to erasure (right to be forgotten)
The data subject has the right to obtain from the Data Controller the erasure of personal data concerning him or her without undue delay, and the Data Controller has the obligation to erase the personal data without undue delay.
Art. 18 – Right to limitation of processing
The data subject has the right to obtain from the Data Controller the restriction of processing when one of the following cases occurs:
a) the data subject disputes the accuracy of personal data, for the period necessary for the data controller to verify the accuracy of such personal data;
b) processing is unlawful and the data subject objects to the deletion of personal data and instead requests that their use be restricted;
c) although́ the Data Controller no longer̀ needs it for the purposes of processing, the personal data are necessary for the data subject to establish, exercise or defend a right in court;
d) the data subject has objected to the processing in accordance with Article 21(1), pending verification as to whether the Data Controller’s legitimate grounds prevail over those of the data subject.
Art. 20 – Right to data portabilitỳ
The data subject has the right to receive in a structured, commonly used and machine-readable format personal data concerning him or her that he or she has provided to a Data Controller and has the right to transmit such data to another Data Controller without hindrance from the Data Controller to whom he or she has provided them. When exercising his or her rights with regard to data portabilitỳ under paragraph 1, the data subject has the right to obtain direct transmission of personal data from one Data Controller to another, if technically feasible.
Art. 21 – Right of opposition
The data subject has the right to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her in accordance with Article 6(1), subparagraphs e) or f), including profiling on the basis of such provisions.
Art. 22 – Right not to be subjected to automated decision-making, including profiling
The data subject has the right not to be subjected to a decision based solely on automated processing, including profiling, that produces legal effects concerning him or her or that significantly affects him or her in a similar way.
h) Data controller
The data controller is Sicor S.r.l, with registered office in Rovereto, Viale Caproni no. 32, P.IVA n. 00517460226.
For further information, or to exercise your rights under (g) above, please write to the following address: privacy@sicoritaly.com
Rovereto, 27.10.2023
MODE OF REPORTING
The report can be submitted:
(a) by filling out the reporting form whistleblowing present on this page;
(b) by sending it to the OdV e-mail address: odv@sicoritaly.com;
(c) by postal service or by internal mail addressed to the Supervisory Board of Sicor S.r.l., Viale Caproni no. 32, cap 38068, Rovereto (TN). To ensure confidentiality, the report should be placed in a sealed envelope marked “confidential/personal” on the outside;
(d) verbally, by means of a statement made to the SB and recorded by the OdV in the minutes.