Complaints channel
Introduction
ARAVINC GESTIÓ DOCUMENTAL, S.L, has a whistleblowing channel so that those aware of serious infractions or crimes committed during the exercise of their activity or relationship with the company can inform them of it. The channel is the communication instrument that integrates the internal information system of the organization.
Who can report/report through the whistleblowing channel
Company employees, former employees, volunteers, interns, workers in training periods, candidates, self-employed workers, partners, personnel from contracting companies, subcontractors and suppliers, legal representatives of the workers or individuals who advise the informant, natural persons who are related to the informant and who may suffer retaliation, such as co-workers or family members of the informant, legal entities, for which he works or with whom he maintains any other type of relationship in a work context or in which he holds a significant participation.
What can be reported
- Actions or omissions that may constitute infringements of European Union law
- Actions or omissions that may constitute a serious or very serious criminal or administrative offense
- Violations of labor law in matters of safety and health at work
This channel is not an instrument for communicating labor or commercial complaints between parties.
The channel must be used in good faith , if the complainant acts with awareness of the lack of veracity of the data provided, or with the sole purpose of denigrating the person or institution reported, the corresponding responsibilities may be demanded.
Confidentiality and non-retaliation
This system guarantees the confidentiality of the complainant and any third party that appears in the communication, both legally and technically, and allows anonymity.
Likewise, the system is subject to the principle of non-retaliation for any of the complainants or third parties. When the organization becomes aware that the complainant or informant has been subjected to acts of intimidation or retaliation, it will promote or carry out appropriate corrective or restitutionary actions.
Anonymous complaints
The complaint can be anonymous; The most important thing is the plausibility of the facts presented, not the person who files the complaint. Anonymity, however, makes it difficult to maintain an open communication channel with the complainant, which facilitates the analysis and investigation process. Likewise, depending on the type of violation reported (especially if it directly affects the person reporting), anonymity can also make the investigation significantly more difficult.
Processing of the complaint
Sending the report automatically generates a reception number available to the complainant. The complaint is transferred to the company’s systems manager, beginning the analysis and investigation phase.
The procedures will be carried out with the utmost reserve and confidentiality, in accordance with the law.
Within a maximum period of three months (extendable for a further 3 months if the investigation is especially complex) the company will inform the complainant of the content of the resolution resulting from their complaint (as long as the complaint is not anonymous).
It is possible to maintain communication with the complainant or request additional information.
If their investigations reveal evidence of a crime, the facts will be transferred to the Prosecutor’s Office or the judicial authority and, where appropriate, to the European Prosecutor’s Office.
The affected person will have the right to be informed of the actions or omissions attributed to them, always respecting their right to honor and the presumption of innocence.
Independent Whistleblower Protection Authority
We inform you that you can make your complaint through the channel enabled on the website of the Oficina AntiFrau Catalunya, the competent body of the autonomous community authorized to carry out the functions described in this document.
Processing of personal data complaints channel
RESPONSIBLE FOR TREATMENT
Ara Vinc Gesió Documental S.L., with CIF: B-67.110.767
C/ Salvador Espriu, 5-7 08908 – L’Hospitalet de Llobregat (Barcelona).
Purpose of treatment:
The purpose of the treatment is the reception and management of complaints made regarding regulatory non-compliance or indications of the commission of criminal offenses in the company in compliance with the provisions of Law 2/23 of February 20 regulating the protection of people who report regulatory violations and the fight against corruption.
Legal basis of treatment:
Compliance with a legal obligation by ARAVINC GESTIÓ DOCUMENTAL, S.L. GDPR art. 6.1c
Personal data that are not necessary for the knowledge and investigation of the actions or omissions referred to in article 2 of law 2/2023 on the protection of informants be subject to processing, proceeding, where appropriate, to its immediate suppression.
All personal data that may have been communicated and that refer to conduct that is not included in the scope of application of the law will be deleted.
If the information received contains personal data included within the special categories of data, it will be immediately deleted, without proceeding to its registration and processing.
Conservation period:
The data will be kept in the complaints channel system only for the time necessary to decide whether to initiate an investigation into the reported events. In any case, after three months from receipt of the communication without investigation actions having been initiated, it will be anonymized in order to leave evidence of the operation of the system.
The company has a record book of information and investigation of the information received, guaranteeing its confidentiality as legally established and preserving personal data for a period of no more than ten years.
Access to data and transfer of data to third parties
You will have access to the information sent by the interested party, the person responsible for the internal information system, as well as the collaborators authorized by the latter to carry out the appropriate management and investigation.
The data will be communicated to third parties, such as State Security Forces and Corps, prosecutor’s office and national or European judicial authorities, when it is necessary for the adoption of possible corrective measures in the entity or the processing of sanctioning or criminal procedures that, in their case, proceed.
Outsourcing of the complaints channel
In order to increase transparency and guarantee the impartiality of the process, the management of the complaints channel is handled by an external company as Data Processor, having deployed the necessary legal, technical and organizational mechanisms to ensure that the process is carried out with due guarantees for you.
Rights
We inform you that you can exercise the rights of access, rectification, deletion, opposition, limitation of processing and portability of the personal data that you have provided to us. To do this, you can send your request to our organization by sending us your request by postal mail to Ara Vinc Gesció Documental S.L., Ref. Data Protection, C/ Salvador Espriu, 5-7 08908 – L’Hospitalet de Llobregat (Barcelona), or send your request by email to the address dpo@aradoc.cat.
Likewise, we inform you that you can expand the information related to the personal data processing that we carry out, by contacting the Data Protection Delegate, sending your query to the address dpo@aradoc.cat.
In case of disagreement with the answer obtained, you can contact the Spanish Agency for the Protection of Personal Data through the Web www.aepd.es.