1. Object – What is this Policy?
Through this Policy, the regime of internal reporting channels for the communication and follow-up of violations of Union law or the practice of crimes existing in the different companies of Sanindusa - Indústria De Sanitários S.A. is defined, namely:
a) Sanindusa - Indústria De Sanitários S.A.
2. Scope of Application – To whom does this Policy apply?
This Policy is applicable to all those who have a professional relationship with the various companies of Sanindusa - Indústria De Sanitários S.A. and intend to report violations of Union law or the practice of crimes.
3. Subjective scope of application – Who can be a whistleblower?
3.1. This Policy is applicable to any and all natural person who has obtained knowledge about infractions in a professional context, namely:
a) Workers;
b) Service providers, contractors, subcontractors, suppliers and any persons acting under their supervision or direction;
c) Holders of shareholdings;
d) Members of the administrative/management, tax or supervisory bodies, including non-executive members;
e) Volunteers;
f) Interns.
3.2. This Policy is applicable to the persons identified in 3.1, even if the basic information of the complaint has been obtained within the scope of a professional relationship that has since ended, during the recruitment process or in a pre-contractual negotiation phase and even if no to establish any professional relationship with any company of Sanindusa - Indústria De Sanitários S.A..
3.3. The internal whistleblower channel is not intended for filing any customer complaints or claims.
4. objective scope of application – What can be reported?
4.1. Any acts or omissions contrary to European Union law must be reported through the internal reporting channel, in the following areas:
a) Public contracting;
b) Financial services, products and markets and prevention of money laundering and terrorist financing;
c) Product safety and compliance;
d) Transport security;
e) Protection of the environment;
f) Protection against radiation and nuclear safety;
g) Safety of food for human and animal consumption, animal health and animal welfare;
h) Public health;
i) Consumer protection; and
j) Protection of privacy and personal data and security of the network and information systems.
4.2. Acts or omissions harmful to the European Union's financial interests must also be reported through the internal reporting channel.
4.3. Acts or omissions contrary to internal market rules, including competition and state aid rules, as well as corporate tax rules, must also be reported through the internal reporting channel.
4.4. Finally, behaviors that constitute violent crime, especially violent and highly organized crime, as well as the following crimes must be reported through the internal reporting channel:
a) Trafficking in narcotics;
b) Terrorism, terrorist organizations, international terrorism and terrorist financing;
c) Arms trafficking;
d) Influence trafficking;
e) Undue receipt of advantage;
f) Active and passive corruption, including that practiced in the public and private sectors and in international trade, as well as in sports activities;
g) Embezzlement;
h) Economic participation in business;
i) Money laundering;
j) Criminal association;
k) Child pornography and pimping of minors;
l) Damage related to programs or other computer data and computer sabotage and also illegitimate access to a computer system;
m) Trafficking in persons;
n) Counterfeiting, use and acquisition of cards or other counterfeit payment devices and respective preparatory acts, acquisition of cards or other payment devices obtained through computer crime, damage related to programs or other computer data and computer sabotage and also illegitimate access to computer system;
o) pimping;
p) Smuggling;
q) Traffic and addiction of stolen vehicles.
4.5. The internal reporting channel is not intended to be used to report any disciplinary infractions by the workers of Sanindusa - Indústria De Sanitários S.A. (unless they are related to the identified domains), nor to the reporting of cases of harassment, and these situations must be reported directly to the Human Resources Department.
4.6. The internal whistleblower channel is not intended for the presentation of complaints regarding the quality of services provided or products provided by Sanindusa - Indústria De Sanitários S.A..
4.7. Complaints may concern infractions already committed, which are being committed at the time of the denouncement or whose committing can reasonably be foreseen, as well as attempts to conceal such infractions.
5. Whistleblower concept – What is meant by whistleblower?
5.1. For the purposes set out in this Policy, any person, among those identified in 3.1, who reports any infraction, in the areas provided for in 4.1, 4.2, 4.3 and 4.4, of which he has become aware in the context of the development of a professional relationship with Sanindusa - Indústria De Sanitários S.A..
5.2. Whistleblowers may remain anonymous or identify themselves, in the terms best described in 9, and in any case, the confidentiality of the whistleblower's identity is guaranteed, as provided for in 13.
5.3. Sanindusa - Indústria De Sanitários S.A. encourages whistleblowers to identify themselves to facilitate consideration of the report and subsequent investigation.
6. Information classified or subject to secrecy – How to proceed in case of professional secrecy?
Whistleblowers must, in the complaints they make, take into account the need to guarantee the protection of classified information, respect religious and professional secrecy and the secrecy of justice.
7. Reporting Requirements – When should a report be filed?
7.1. Complaints should only be submitted if the complainants are in good faith and have serious grounds to believe that the information they are going to transmit at the time of the complaint is true.
7.2. The filing of complaints in violation of the provisions of 7.1 is liable to make the complainant incur disciplinary liability, if he is a worker at Sanindusa - Indústria De Sanitários S.A., and, in any case, civil liability for the damages caused, and may also incur criminal liability, if your conduct constitutes a crime.
8. Whistleblowing channel information – How do I get advice on whether to file a whistleblower?
Before submitting a report, anyone can obtain confidential advice from the person responsible for the reporting channel, and for this purpose, they may contact him by any means at his disposal.
9. Complaints procedure – How to report?
9.1. Whenever possible, potential whistleblowers must report any infraction that they become aware of through the internal whistleblower channel corresponding to the company of Sanindusa - Indústria De Sanitários S.A. to which they intend to report.
9.2. The submission of the complaint must be made, in writing, on the platform provided for this purpose, accessible through the link:
https://sanindusa.workky.com/en/portal-denuncias
9.3. The complainant must, when making the complaint, select the channel of the company of Sanindusa - Indústria De Sanitários S.A. desired, choosing among the options presented, the company to which you want to report.
9.4. If the whistleblower wishes to remain anonymous, he/she must select this option in the form provided for the submission of the complaint and do not include any element that allows identification in the body of the text of the complaint.
9.5. All communication with the whistleblower, anonymous or identified, will be carried out through the Secure Mailbox on the platform referred to in 9.2, which must be activated by the whistleblower, when submitting the complaint and periodically consulted by the whistleblower to receive information about the complaint. presented.
9.6. The contact data that the whistleblower chooses to make available, if he wishes to identify himself, will only be used to establish contact more quickly in urgent situations or in the absence of feedback through the Safe Mailbox.
10. Report Content – What should be included in the report?
10.1. In the complaint filed, the complainant must:
a) Identify the nature of its relationship with the company of Sanindusa - Indústria De Sanitários S.A. to which you intend to report;
b) Identify the matter, among those listed in 4.1, 4.2, 4.3, 4.4 to which the complaint relates;
c) Describe as completely as possible the situation intended to denounce, with reference to the circumstances of time, place and manner in which it occurred;
d) State the verified or foreseeable consequences of the denounced situation;
e) Identify all evidence of which it is aware and attach any relevant documentation.
10.2. When intending to file an anonymous complaint, the complainant must refrain from including in the complaint any information that allows him to be identified.
10.3. Even when the complaint is made by an identified person, the personal data of the complainant and the third parties involved in the complaint must be limited to what is strictly necessary, namely the name, function performed and contact.
10.4. Personal data provided that are not relevant to the handling of the complaint will be deleted immediately.
11. Internal reporting channel precedence principle – Can you report directly to public authorities?
11.1. Reports covered by the scope of application of the internal reporting channels must be carried out in this way.
11.2. Whistleblowers may only resort to external reporting channels when:
a) have reasonable grounds to believe that the infringement cannot be effectively known or resolved internally or there is a risk of retaliation;
b) the measures envisaged or adopted are not communicated to him within a maximum period of three months after the submission of the complaint; c) the offense to be reported constitutes a crime or administrative offense punishable by a fine of more than €50,000.00.
11.3. Whistleblowers may only publicly disclose an infringement when:
a) They have reasonable grounds to believe that the infringement may constitute an imminent or manifest danger to the public interest, cannot be effectively known or resolved by the competent authorities, taking into account the specific circumstances of the case, or there is a risk of retaliation, including in the event of external complaint; or
b) They have lodged an internal complaint and an external complaint, or directly an external complaint, without adequate measures having been taken.
11.4. Persons who report an infringement to a media organization or journalist outside the cases provided for in 11.3 will not benefit from the legal protection granted through this Policy to whistleblowers.
12. Responsible for the internal whistleblower channel – Who receives and handles whistleblowing?
12.1. The companies of Sanindusa - Indústria De Sanitários S.A. designate, at all times, a person responsible for the reporting channel, publicly announced.
12.2. The person responsible for internal reporting channels is responsible for:
a) Ensure the training of employees and the information of all those who have a professional relationship with Sanindusa - Indústria De Sanitários S.A. about internal reporting channels;
b) Provide information about the reporting channels to all interested parties, guaranteeing the confidentiality of advice and the identity of people;
c) Receive and give the necessary and diligent follow-up to complaints;
d) Provide substantiated information to the whistleblower on the measures envisaged or adopted to follow up on the whistleblower and request additional information, if necessary.
12.3. In addition to the person responsible for the reporting channels, the companies of Sanindusa - Indústria De Sanitários S.A. they also designate a second examiner, with access to all complaints and who will be responsible for following up on complaints in the event of a conflict of interest on the part of the person responsible for the reporting channels.
12.4. Both the person responsible for the channels and the second examiner will be members of the top management of the companies or similar, with full knowledge of the organization.
12.5. All employees of Sanindusa - Indústria De Sanitários S.A. they have a duty to collaborate with the person responsible for the whistleblowing channel and the examiner, with a view to properly following up the complaints.
13. Confidentiality – How is the identity of the whistleblower treated throughout the process?
13.1. Sanindusa - Indústria De Sanitários S.A. ensures, in any case and regardless of the anonymity of the complaint, the confidentiality of the complainant and the third parties mentioned in the complaint.
13.2. The identity of the whistleblower, as well as the information that, directly or indirectly, allows him to be identified, are confidential in nature and are only accessible by those responsible for receiving and following up on the whistleblowers under the terms foreseen.
13.3. The confidentiality obligation provided for in 13.2 extends to anyone who has received information about the complaints, even if they are not responsible for their reception or treatment.
13.4. The identity of the whistleblower will only be disclosed in compliance with a legal obligation or court decision, preceded by a written communication to the whistleblower.
13.5. The provisions of 13.4 are not applicable in the event that the communication to the whistleblower could compromise the investigations and related legal proceedings.
13.6. The whistleblower must also treat as confidential any and all information related to the complaint made, namely the information transmitted by the person responsible for the internal whistleblower channel.
14. Handling of complaints – What is the treatment given to complaints?
14.1. Once received, complaints are subject to a preliminary analysis by the person responsible for the channel who, within 7 days of receiving the complaint:
a) confirms to the complainant the receipt of the complaint;
b) inform you of the requirements, competent authorities, form and admissibility of the external complaint; and
c) requests, whenever necessary, clarifications to the complaint and/or clarifications and additional elements.
14.2. In case of complaints outside the scope of the internal complaint channel, the person responsible for the channel, within 7 days of receiving the complaint, informs the complainant of the inadequacy of the channel used and sends him/her to the competent person/department, proceeding with the filing of the complaint.
14.3. In the case of complaints within the scope of the internal whistleblower channel, after receiving and responding to the whistleblower, the person responsible for the channel requests, if necessary, preliminary clarifications from the relevant Department and prepares a Preliminary Report of the described situation (ensuring the confidentiality of the whistleblower and third parties involved), which refers to the Administration/Management of the company of Sanindusa - Indústria De Sanitários S.A. concerned for a decision regarding the opening of an internal investigation and/or immediate adoption of measures, if it considers that the complaint appears to be well-founded, or immediate shelving of the process, if it concludes that the complaint is unfounded.
14.4. If any of the members of the Board of Directors/Managers is, directly or indirectly, targeted by the complaint, the preliminary report of the incident referred to in 14.3 will be sent only to non-targeted persons.
14.5. Having received the preliminary report of the incident prepared by the person in charge of the channel, the Administration/Management of the company of Sanindusa - Indústria De Sanitários S.A. concerned decides on the need to open an internal investigation and/or the immediate adoption of measures, or the immediate shelving of the process.
14.6. Among the measures that the Administration/Management can take are, namely: the opening of disciplinary procedures, preceded or not by a previous investigation; the determination of preventive suspensions; the immediate suspension of proceedings; the immediate introduction of changes in procedures; and the participation to the competent public authorities.
14.7. After a decision by the Administration/Management regarding the immediate adoption of measures and/or opening of an internal investigation, the Whistleblower will be notified by the person responsible for the internal whistleblower channel, which will necessarily happen within a maximum period of three months from the date of receipt of the whistleblower. .
14.8. In case of need to open an investigation, the person responsible for the channel, independently or through the use of legal advisors, will investigate the circumstances of time, place and way in which the incident occurred, and may, for this purpose, request the intervention of other Departments. or third parties, and will prepare a Final Report with the results of the investigation and suggestion of measures to be adopted, which will be presented to the Administration for a final decision.
14.9. If the complainant expressly requests it, the person responsible for the channel will be notified of the final result of the process, within 15 days after the respective conclusion.
14.10. By virtue of the existing confidentiality guarantees in relation to other subjects, the provisions of 14.9 will not, under any circumstances, imply the communication of specific details about the investigation carried out or about any disciplinary reaction concretely adopted.
14.11. The person responsible for the channel and all others involved in the treatment of the complaint will act quickly, to ensure the useful effect of any preventive or corrective measures to be adopted.
15. Registration of complaints – Is there any registration of complaints made?
Each company of Sanindusa - Indústria De Sanitários S.A. will keep a record containing all the complaints received for a period of 5 years from the date of its execution and, irrespective of that period, during the pendency of judicial or administrative proceedings related to the complaint.
16. Conflict of interest – How are conflicts of interest managed?
16.1. Within the scope of the exercise of its functions, the person responsible for the whistleblowing channels acts with independence, impartiality and secrecy, guaranteeing the confidentiality and protection of the personal data contained in the whistleblower and ensuring the absence of conflicts of interest in the performance of their duties.
16.2. In the event of a conflict of interest, namely because the complaint is aimed, directly or indirectly, at the person in charge of the channels or matters related to the exercise of his activity at Sanindusa - Indústria De Sanitários S.A., he will be removed and the entire treatment of the complaint will be ensured by the Second Examiner, pursuant to 12.3.
17. Retaliation – Can the Whistleblower be a victim of retaliation?
17.1. Any retaliation against whistleblowers is expressly prohibited.
17.2. Acts of retaliation are considered to be any and all acts and omissions that, directly or indirectly, occurring in a professional context and motivated by an internal or external complaint or public disclosure, cause or may cause the complainant, in an unjustified way, property and non-property damages. .
17.3. Threats and attempted acts and omissions referred to in 17.2 are considered acts of retaliation.
17.4. Those who perform acts of retaliation will be civilly responsible for the damage caused to the whistleblower.
17.5. Sanindusa - Indústria De Sanitários S.A. assures whistleblowers who are its workers that a whistleblower made under the conditions set out in 7.1. will not, in itself, constitute grounds for allowing their working conditions to be changed, their performance evaluation impaired, their employment contract suspended or terminated, disciplinary sanctions applied or their professional development impaired.
17.6. Sanindusa - Indústria De Sanitários S.A. ensures complete confidentiality of the whistleblower's identity, so retaliation is not foreseeable.
17.7. Without prejudice to the provisions of 17.5 and 17.6, if the Complainant considers himself, by any means, a victim of retaliation, he must immediately inform the company of Sanindusa - Indústria De Sanitários S.A. relevant, by the same means used to make the complaint, with a description of the retaliatory acts that you consider to have been a victim.
17.8. The practice of acts of retaliation by workers at the service of Sanindusa - Indústria De Sanitários S.A. constitutes a disciplinary infraction.
18. Whistleblower protection measures – What protection measures do whistleblowers benefit from?
18.1. Whistleblowers have the right to legal protection and access to the courts, in order to defend their legally protected rights and interests, in general terms.
18.2. Whistleblowers can benefit from witness protection measures in criminal proceedings.
18.3. Whistleblowers are protected by applying a series of legal presumptions of acts of retaliation in the two years following the reporting.
19. Whistleblower Liability – To what extent can the whistleblower be held accountable for the reported complaint?
19.1. The complaint made by the complainant in good faith, with serious grounds to believe, at the time of the complaint, that the information he communicates is true, does not, in itself, constitute grounds for disciplinary, civil, administrative or criminal liability of the complainant.
19.2. The whistleblower who makes a complaint in bad faith, knowing or having to know that the information he communicates is not true, incurs disciplinary responsibility, if he is a worker of Sanindusa - Indústria De Sanitários S.A., and is also liable to respond civilly and criminally for his conduct.
19.3. The person who helps the whistleblower to file a whistleblower under the conditions set out in 19.2 is jointly and severally liable with the whistleblower for the damages caused by the whistleblower.
20. Processing of personal data – How is personal data processed within the channel?
20.1. Each of the companies of Sanindusa - Indústria De Sanitários S.A. identified in 1 is responsible for the data processing carried out within the scope of its internal whistleblowing channel.
20.2. Data processing is carried out with total confidentiality, and access to personal data collected through the channel is limited to those responsible for receiving and following up on complaints, under the terms better described in 12.
20.3. The data processing carried out is based on its need to comply with a legal obligation, namely the provisions of Law No. to promptly identify and effectively intervene on infractions committed within the scope of the development of its activities.
20.4. Personal data collected within the scope of the internal reporting channel will be processed exclusively for the purpose of identifying and investigating the offenses identified in 4.
20.5. As part of the investigation and treatment of complaints, the companies of Sanindusa - Indústria De Sanitários S.A. may resort to third parties, namely law firms and auditing or forensic investigation firms, to whom personal data may be communicated.
20.6. In the cases referred to in 20.5, it is ensured that third parties that access personal data are subject to appropriate obligations of professional secrecy or confidentiality and offer guarantees for the execution of appropriate technical and organizational measures so that the processing of data meets the requirements of security and protection of the rights of the applicable data subjects.
20.7. Personal data may also be processed by subcontractors, in the name and on behalf of Sanindusa - Indústria De Sanitários S.A. companies, namely IT service providers, in particular the supplier of the software license used in the reporting channels.
20.8. Personal data may also be transmitted to third parties when (i) required by law; (ii) is determined by court order or by a public authority; or (iii) the data subject has given his express consent to that effect.
20.9. Personal data processed within the scope of the internal reporting channel will be kept for a period of 5 years from the date of receipt of the complaint and, in any case, during the pendency of judicial or administrative proceedings relating to the complaint; after these deadlines, only an anonymized record of the complaint and the measures adopted will be kept for historical and statistical purposes, and all personal data existing in the process will be deleted.
20.10. The holders of personal data processed within the scope of the complaint channel are entitled to access, rectification, erasure, limitation of treatment, portability and opposition, which they may exercise, whenever the requirements on which they depend are verified, by sending an email. to the Data Protection Officer, and may also file a complaint with the competent supervisory authority, in Portugal, the National Data Protection Commission.
20.11. For any question regarding privacy or protection of personal data, the Data Protection Officer can be contacted via the email address .
21. Review – When is this Policy reviewed?
21.1. Sanindusa - Indústria De Sanitários S.A. reserves the right to change or revise the content of this Policy at any time, namely in the event of changes in the relevant legislation, as well as in accordance with the guidelines of the competent public authorities, namely the National Anti-Corruption Mechanism.