LACASA GROUP (either, hereinafter the Entity) It has a Criminal Risk Prevention Model with the aim of establishing management and internal operating rules that apply to the Entity when complying with the provisions of the regulations regarding the criminal liability of legal entities.
Specifically, in Law 2/2023, of February 20, regulating the protection of persons who report regulatory violations and the fight against corruption, In its article 10 (private sector) and its article 13 (public sector), it imposes the obligation to establish internal reporting channels, so, based on the entity's compliance principles, the implementation of this reporting channel is carried out, guaranteeing compliance with the provisions of the doctrine derived from the Prosecutor's Circular 1/2016, of January 22 and as set out in the aforementioned Law 2/2023.
In addition, Grupo Lacasa has a Code of Ethics whose main objective is to establish the guidelines that guide the behavior of workers or those with a training relationship, volunteers, management staff, and other professionals linked to the organization who contribute to the development of its activities with regard to their way of acting and the relationships and interrelations between themselves, with other National and international Societies, with users, with external collaborators, with Public and Private institutions and with Society in general.
Therefore, those who are part of Grupo Lacasa must contribute to the achievement of its mission through behavior that consistently reflects its principles and values, paying special attention to potential conflicts of interest.
Consequently, Grupo Lacasa highly values its users, members, suppliers, and collaborators reporting behavior that violates the Code of Conduct or that is deemed irregular, illicit, or criminal. In any case, this is a tool available to anyone.
This channel is created exclusively for reporting irregularities, illicit acts, or crimes. If the facts do not fit the criteria explained in the "When should I report" section, users can submit a complaint or suggestion.
In order to protect the rights of reporting persons, and to comply with the guarantees required by Law 2/2023, of February 20, mentioned above, the reporting channel implemented in the organization is managed by a qualified trust service provider that complies with the specifications provided for in Regulation (EU) No 910/2014 of the European Parliament and of the Council of July 23, 2014 regarding electronic identification and trust services for electronic transactions in the internal market and Law 6/2020, of November 11, regulating certain aspects of electronic trust services.
The objective of using a qualified trust service provider is to guarantee the presumption of veracity and authenticity of the evidence, placing the burden of proof on the party challenging the document, in accordance with the provisions of Article 326 of Law 1/2000, of January 7, on civil proceedings, as well as to guarantee the confidentiality and anonymity of the information and/or complaints received through the tool.
In any case, the qualified trust service provider will comply with the instructions established by Grupo Lacasa and always in accordance with current data protection legislation, ensuring compliance with the obligations set forth in Article 28 of the GDPR.
WHEN SHOULD I REPORT?
The reporting channel should be used in situations where you become aware of conduct or an event that may constitute criminal activity, a violation of the company's internal regulations, or any other illegal activity that contravenes the interests of Grupo Lacasa, i.e., actions or omissions that:
- They may constitute infringements of European Union law provided that:
a.1) They fall within the scope of the acts of the European Union listed in the Annex to Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law, regardless of how they are classified under domestic law; this includes, among others:
- Public procurement
- Financial services, products and resources, and the prevention of money laundering and terrorist financing
- Product safety and compliance
- Transport security
- Environmental protection.
- And protection of privacy and personal data and security of networks, information systems, and channels.
a.2) Affect the financial interests of the European Union as referred to in Article 325 of the Treaty on the Functioning of the European Union (TFEU).
a.3) They have an impact on the internal market, as provided for in Article 26.2 of the TFEU.
- Actions or omissions that may constitute a serious or very serious criminal or administrative offense.
In any case, this will be understood to include all serious or very serious criminal or administrative offenses that entail financial losses for the Public Treasury and Social Security.
The following are excluded, by way of example and without constituting a closed list of cases, from the objective scope of the reporting channel:
- Information that affects classified information.
- Information about irregularities that are merely rumors or that relate to facts that lack credibility.
- Information relating to violations in the processing of procurement procedures that contain classified information or that have been declared secret or reserved, or those whose execution must be accompanied by special security measures in accordance with current legislation, or where required to protect essential interests for state security.
- Claims related to salary, overtime claims, or any labor-related issue that does not constitute violations of labor law regarding occupational health and safety, without prejudice to the provisions of specific regulations.
- Complaints or claims related to the condition of the material provided by the company for the performance of the work and/or the condition of the facilities, provided that they do not pose a risk to occupational health and safety.
If any of these questions or any other that does not fall within the objective scope of Law 2/2023 are received, they will be immediately archived after the evaluation of the information provided by the Control Body Responsible for the Grupo Lacasa Complaints Channel in accordance with the provisions of section "What are the principles that govern the procedure?" of the Channel User Manual, without prejudice to the fact that said information is treated internally within the organization through the appropriate channels, according to the facts reported.
HOW SHOULD I USE THE COMPLAINTS CHANNEL?
When you submit information or a report, you will notice that you are directed to an online tool outside the Grupo Lacasa domain. The message will be transmitted to the tool of a qualified trusted provider, ensuring the confidentiality, anonymity, and protection of the reporting party's data as required, as detailed in the Channel User Manual. You can access the form at the following link.
Communicating or publicly revealing information that is known to be false will be considered a very serious offense pursuant to Article 63 of Law 2/2023.
Communications and/or complaints can also be made externally through external information channels to the competent authorities and, where appropriate, to the institutions, bodies, or agencies of the European Union.
These channels, depending on each specific case, can be:
- Independent Whistleblower Protection Authority (IWPA).
- Before the corresponding autonomous authorities or bodies.
- Public Prosecutor's Office.
- European Public Prosecutor's Office, if the facts affect the financial interests of the European Union.
- State Security Forces and Corps (FFCCSE).
- Competent Anti-Fraud Agency.
- Other competent bodies.
ANONYMOUS REPORTS AND PERSONAL DATA
Complaints will be anonymous in general and will be answered through the same channel through which they were received. Anonymity will be lifted only with the express consent of the informant or when it constitutes a necessary and proportionate obligation imposed by Union or national Law in the context of an investigation carried out by national authorities or in the framework of a judicial process, in particular to safeguard the right of defense of the affected person.
During the process, therefore, compliance with current data protection legislation will be guaranteed. (LOPD and GDPR)
DATA PROCESSING
The person responsible for data processing is GRUPO LACASA which, in compliance with a legal obligation provided for in Law 2/2023, of February 21, regulating the protection of people who report on regulatory violations and the fight against corruption, will process the information in order to manage complaints received through the channel, guaranteeing the confidentiality of the complainant's data by keeping them anonymous without communicating them to third parties unless their identification constitutes a necessary and proportionate obligation. imposed by EU or national law in the context of an investigation carried out by national authorities or in the framework of a judicial process, in which case it must be communicated to the competent authorities in the matter.
Your data will be kept for a maximum period of 3 months from the introduction of the data in the channel, after which it will be removed from the channel, but may remain blocked when necessary to demonstrate the operation of the crime prevention model or may be required by the competent authority to start the corresponding investigation of the facts.
For more information about the processing of your data or how to exercise your rights, you can contact our Privacy Policy.