INTRODUCTION TO THE ETHICAL CHANNEL

Welcome to the Ethical Channel SCHOLAS OCCURRENTES, through which anyone can ask about our Code of Ethics of Conduct or other internal regulations, or make a complaint. See Code of Ethics.

The use of the SCHOLAS OCCURRENTES Ethical Channel will be carried out in accordance with the Operating Rules and the Privacy Policy, which must be read and accepted previously. It is also advisable to read the FAQs section, where answers to some of the most frequently asked questions are published.


FREQUENTLY ASKED QUESTIONS (FAQs)

What is the Ethical Channel?

The ethical channel is an internal mechanism of SCHOLAS that may be used by any person to inform the organization of any breach, irregularity or unlawful act within the scope or to the detriment of the organization. The ethical channel is also used by the parties subject to the Code of Ethics and the internal regulations of SCHOLAS to raise any doubt they may have about the contents and interpretation of said provisions.

Is it possible to file anonymous complaints?

We recommend that the complainant identifies himself/herself by means of his/her name and surname, so that, where appropriate, protective measures may be taken in his/her favor and to make sure that the filing does not entail any retaliation. However, anonymous complaints will be accepted for processing if the Operating Rules of the Ethical Channel are complied with, some evidence is provided, and the complaint is made in good faith.

What guarantees does a person filing an internal complaint have?

First, SCHOLAS guarantees that the processing of complaints will be carried out on a confidential basis, that is, keeping the identity of the complainant secret, and these data may only be disclosed, where appropriate, to public authorities having jurisdiction over the investigation of the events. Second, SCHOLAS guarantees the complainant that no retaliation will be taken against him/her for the mere act of filing a complaint; it’s quite the opposite. All complaints made in good faith and revealing any irregularity that may have been committed within the scope of SCHOLAS will always be accepted. In addition, the complainant has the right to resort to the Compliance Officer and/or the Ethics Committee in order to receive protection, orientation and advice on how to act in order to defend himself/herself from any possible retaliation. Third, the complainant is guaranteed that the processing of his/her complaint will be carried out in a professional manner by specialized personnel.

Is it possible to report an event without having any evidence?

Only complaints based on the existence of rational indications of the commission of any breach, irregularity or unlawful act may be admitted, and therefore, it is essential to support them by means of evidence, preferably documentary evidence. Nevertheless, testimonies —including the complainant’s own testimony— and documents on the reproduction of words, images and sounds are also admitted. In any case, it is important to note that it is essential for the complainant to obtain the evidence in a lawful manner.

What happens if a complaint is false

Complaints must be true, must be made in good faith and must comply with the provisions of the Operating Rules of the Ethical Channel. Any party filing false complaints may incur in the crimes of slander and libel. SCHOLAS may adopt the corresponding legal measures against the person who makes a false or bad-faith complaint, and in the case of false complaints, it may even disclose to the person or entity reported the data of the person who has made the false complaint, so that it may bring any legal action deemed appropriate against him/her.

Is the complainee informed that there is a complaint filed against him/her?

Yes. The law requires that the complainee be aware that a complaint has been filed against him/her, and therefore, as soon as the appropriate checks and inquiries have been made and, in any case, within one month after the receipt of the complaint, the company will inform the complainee of the existence of the complaint and of a summary of the events reported. However, it is important to keep in mind that, except in cases of false complaints, the complainant will not be given the personally identifiable information of the complainant.

Is there a deadline for processing an internal complaint?

The filing of an internal complaint, if admitted for processing, will result in the opening of a file for the purpose of clarifying the event or events reported. As established in the Operating Rules of the Ethical Channel, the period for processing said file may not be greater than three (3) months from the date of its opening.

What consequences may an internal complaint have if it is proven that there are rational indications of any breach, irregularity or unlawful act committed?

In such cases, first of all, SCHOLAS will immediately take all necessary measures to put an end to such acts or to prevent them from occurring. Then, depending on the seriousness of the events, the company may also decide to bring the corresponding legal actions against the party or parties presumably responsible therefor, filing the corresponding criminal complaint, report or claim before the Courts of Justice, the Prosecutor’s Office or the State Security Forces and Bodies.

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OPERATING RULES OF THE ETHICAL CHANNEL

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PRIVACY POLICY

SCHOLAS OCCURRENTES (hereinafter, “SCHOLAS”), domiciled in Madrid, Barceló, at C/ Hortaleza, 48. 1, Madrid (28,001 – Spain), holder of Spanish Tax ID (NIF) No. G-87291365, hereby informs the users of the Ethical Channel (hereinafter, the “Users”) that the personal data transmitted through the Ethical Channel will be processed for the purpose of managing queries on the regulatory compliance system and the complaints that are filed internally regarding any breach, irregularity or unlawful act allegedly committed within the scope of SCHOLAS.

The lawfulness of the processing of personal data arises from the legitimate interest of SCHOLAS in ensuring ethical and regulatory compliance within the organization, as well as in the consent of the Users regarding their personally identifiable information when they choose to identify themselves.

The personal data subject to processing will be all those transmitted through the electronic form or by mail, as well as the IP data of the User’s device in the case of electronic communications.

The data will be kept in the complaint system only for the time necessary to decide on the adequacy of starting an investigation into the reported events.

In any case, the data will be deleted from the complaint system after three (3) months from introduction thereof, unless they are kept so that the legal person may prove the operation of the crime prevention model.

Upon expiration of the period mentioned above, the data may continue to be processed by the corresponding SCHOLAS officers in charge of investigating the events reported in order to process the internal investigation measures that are necessary and, where appropriate, to apply the disciplinary, contractual or court measures that are deemed appropriate.

Personal data may be transmitted to the State Security Forces and Bodies, to other Public Administration bodies with powers in the investigation of the events reported and to the Courts of Justice and other judicial bodies.

SCHOLAS undertakes to respect the confidentiality of the data transmitted through the Ethical Channel and to use them in accordance with its purpose, as well as to comply with its obligation to safeguard them and adapt all measures to avoid any unauthorized alteration, processing, access or loss under current regulations. In particular, SCHOLAS will maintain the confidentiality of the data on the Users who file internal complaints and decide to identify themselves, preventing access to such data by the persons against which the complaint is filed.

Notwithstanding the foregoing, in the event that a complaint turns out to be false, Users are advised that their data may be informed to the party or parties reported, so that they may bring any legal action that they deem appropriate to defend themselves regarding the false complaint.

The owners of personal data transmitted through the ethical channel may exercise, in their own regard, the rights acknowledged in regulations on the protection of personal data and, in particular, the rights of access, correction, deletion, challenge, portability and processing limitation.

The rights referred to in the preceding paragraph may be exercised by each holder upon request by email to canal-etico@scholasocurrentes.org or by regular mail to:

Compliance Officer
SCHOLAS OCCURENTES
C/ Hortaleza, 48
28.004 – Madrid

For the exercise of any of the rights indicated above, the request must include:

a. Name and surname of the interested party, photocopy of the national identity document, passport or any other valid ID document of the interested party and, where appropriate, of his/her representative as well as the document proving such representation.

b. Petition serving as basis for the request.

c. Domicile for notices, and date and signature of the requesting party.

d. Documents justifying the petition made, if applicable.

Finally, all interested parties are hereby informed that they have the right to submit any claim that they deem appropriate before the State Agency for Data Protection, which is located in Madrid (28,001), at C/ Jorge Juan, No. 6.

For more complete and detailed information on these rights, visit the website of the Spanish Agency for Data Protection or contact the agency through its citizen service by phone at 901.100.099.

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IF YOU HAVE READ IT AND ARE IN ACCORDANCE WITH THE PRIOR INFORMATION, GO TO:

ETHICAL CHANNEL