1. INTERNAL CHANNEL OF INFORMATION FOR TREBOL SERVICIOS GLOBALES
The Law 2/2023, of February 20, regulating the protection of individuals reporting regulatory violations and fighting against corruption («BOE» núm. 44, of February 21, 2023), aims to provide an effective and secure mechanism to protect individuals reporting potential violations established in its article 2. These violations include any actions or omissions that may constitute violations of European Union law (related to Union financial interests, affecting the internal market, competition matters, or aids granted by the States, or for obtaining tax advantages that distort the purpose or objective of the legislation applicable to corporate tax), as well as actions or omissions that may constitute serious or very serious criminal or administrative offenses (In any case, all serious or very serious criminal or administrative offenses involving economic loss to the Public Treasury and Social Security are included).
To comply with current regulations, TREBOL SERVICIOS GLOBALES has implemented an Internal Information Channel that allows individuals to report such violations.
The Internal Information Channel of TREBOL SERVICIOS GLOBALES allows the informant to make confidential communications, both in writing and verbally, through the following channels:
- Via Email addressed to canaldenuncias@trebolglobal.com
- By postal mail: sending the report and, if applicable, the documentation provided, to the following address:
Responsible for the Internal Information System of Trébol
Trébol Servicios Globales, SL
C/Fertilitzants, 1 – 1st Local 4
Polígono Son Valentí (07011 – Palma)
Illes Balears
- Verbally or via voicemail at the phone number 662 519 004.
- In-person: requesting an in-person meeting with the Responsible for Trébol's Internal System within 7 days of such request. The interview can be requested through the previous channels and by calling 662 519 004.
Trébol's internal information channel allows the submission and subsequent processing and exchange of anonymous communications, if the informant so decides.
To ensure anonymity, the informant, if deciding to make the communication:
- Via Email: can use websites for sending anonymous emails, such as Tutanota, AnonAddy, MailFence, ProtonMail, or Guerrilla Mail.
- By Postal Mail: can send the report without including personal data that allows identification.
- Verbally or via phone voicemail: by hiding their phone number in the call.
In the case of opting for verbal communication, including those made through in-person meetings, by phone, or through a voicemail system, the informant will be informed that the communication will be recorded, and they will be informed of the processing of their data according to the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016.
In addition to the possibility of informing through TREBOL SERVICIOS GLOBALES' Internal Information Channel, the informant has the possibility to inform through External Channels to the competent authorities and, where appropriate, to the institutions, bodies, or agencies of the European Union:
At the Supranational level:
- European Anti-Fraud Office (OLAF) (https://fns.olaf.europa.eu/main_es.htm)
- European Prosecutor's Office (https://www.eppo.europa.eu/es/form/eppo-report-a-crime)
At the National level:
- Independent Authority for Informant Protection (A.I.I.). Currently (as of December 1, 2023), this entity is pending constitution.
- National Anti-Fraud Coordination Service (https://www.igae.pap.hacienda.gob.es/sitios/igae/es-ES/snca/Paginas/ComunicacionSNCA.aspx)
At the Autonomous level of the Balearic Islands:
- Office for Prevention and Fight against Corruption in the Balearic Islands (OAIB) (https://denuncies.oaib.es/#/)
2. GENERAL PRINCIPLES OF THE INTERNAL INFORMATION SYSTEM OF TREBOL SERVICIOS GLOBALES
The configuration and operation of the Internal Information System of TREBOL SERVICIOS GLOBALES (hereinafter SII), and the processing of communications received through it, are governed by the following principles:
a. Confidentiality and Anonymity
The SII incorporates mechanisms that guarantee the confidentiality of all received communications and provides a secure communication space to maintain contact with the individuals managing the received communications and allow interaction between them and the informants anonymously.
The informant's anonymity is ensured throughout the process, both in the submission of the communication and in the bidirectional communications that occur in the different phases of the processing.
b. Promptness
Short deadlines are established to process the received communication and take appropriate measures.
c. Independence
The Responsible for the SII will perform their functions independently and autonomously from the rest of the TRÉBOL bodies, will not receive any type of instructions in their exercise, and will have all the personal and material means necessary to carry them out.
d. Effectiveness
The SII ensures that the presented communications can be effectively processed so that the company is the first to be aware of possible irregularities.
e. Proportionality
The actions to be taken in the processing of received communications will have the necessary and appropriate scope to achieve the intended purposes.
f. Accessibility
TRÉBOL employees, as well as any third party external to the company but maintaining any reasonable connection with it, who has reasonable grounds to believe that any of the reportable conduct under Law 2/2023 may communicate it through the company's Whistleblowing Channel.
g. Transparency
This policy will be public, in the same way as the established email for communication. Likewise, all employees and stakeholders will be informed of the existence of this whistleblowing channel to build trust among the organization's people.
h. Objectivity and Impartiality
Upon receipt of a report, the right to privacy, defense, and the presumption of innocence of the affected persons will be guaranteed.
The informant will have the right to protection whenever the following circumstances are present:
- There are reasonable grounds to believe that the reported facts are true at the time of communication or disclosure, even if conclusive evidence is not provided.
- The communication has been made following the procedure and channels established by the company, in accordance with the regulations.
i. Protection of the Reporting Person
Trébol expressly prohibits taking any type of reprisal, directly or indirectly, or any kind of negative consequence against individuals who have reported an act under the Whistleblowing Channel in accordance with Law 2/2023.
j. Good Faith
Only reports made in good faith will be processed. It is presumed that the reporting person acts in good faith, and the report is based on facts or indications that reasonably suggest the commission of irregular, unlawful, criminal behavior, or behavior contrary to the principles and values of the organization.
Communications must always comply with the criteria of truthfulness and proportionality and cannot be used for purposes other than those that seek compliance with current legislation and regulations, both nationally and supranationally.
Therefore, to facilitate the investigation process, whenever possible, the informant will be required to provide all evidence that proves the credibility of the reported facts.
k. Right to Defense
The informant and the persons affected by the report, during the processing of the file, will have the right to the presumption of innocence, the right to defense, and the right to access the file in accordance with the current regulations.
l. Conflict of Interests
If any of the participants in the investigation is involved in the reported facts or believes that they may be accused of some type of conflict of interest, they must refrain from participating in the management of the report.