Whistleblowing channel
Internal of Whistleblowing Channel
1. Object
1.1. Quinta do Vallado - Sociedade Agrícola, Lda. (hereinafter referred to as “Quinta do Vallado”) repudiates any violations of the applicable legal and regulatory standards. To this end, and in compliance with the law, Quinta do Vallado has set up an internal channel for this purpose and a system of rules and procedures for the reception, processing and recording of communications reporting infractions, which are prescribed in these Regulations.
1.2. Reports of offences carried out under the terms of these Regulations will be submitted to a safe, impartial, effective and suitable internal system for their reception, investigation and resolution and treated under confidentiality and reserve, where any retaliation against the whistleblowers is prohibited.
2. Scope; Definitions
2.1. This Regulation establishes the rules for the reception, processing and recording of reports of Infringements under the terms of Law no. 93/2021, of 20 December.
2.2. For the purposes of this Regulation, the following definitions apply:
a) Infraction - acts or omissions, committed fraudulently or negligently, that are provided for and described in Article 2(1), of Law no. 93/2021, of 20 December, as well as in article 3 of Decree-Law no. 109-E/2021, of 9 December, in particular in the following areas:
- Public procurement;
- Financial services, products and markets and prevention of money laundering and terrorist financing;
- Corruption;
- Product safety and compliance;
- Transport safety;
- Environmental protection;
- Radiation protection and nuclear safety;
- Food and feed safety, animal health and animal welfare;
- Public health;
- Consumer Protection;
- Privacy and personal data protection, and network and information system security;
- Prevention of corruption and related infractions.
b) Whistleblower - a natural person who reports an infraction on the grounds of information obtained in the course of their professional activity, regardless of the nature of this activity and the sector in which it is or has been carried out. Whistleblowers may be considered to be in particular: (i) employees, (ii) service providers, contractors, subcontractors and suppliers, as well as any persons acting under their direction or supervision, (iii) shareholders, members of the management and supervisory bodies and (iv) volunteers and trainees (paid or unpaid).
c) Complainee – person who in the complaint is referred to as being the author of the Infraction or with whom it has been associated.
3. Precedence between means of whistleblowing or public disclosure
3.1. Considering the existence of its own internal reporting channel, the whistleblower cannot resort to external reporting channels or publicly disclose an infraction, without prejudice to the exceptions provided for in the Law, namely article no. 7, of Law 93/2021, 20 December.
3.2. The Whistleblower who, outside of legally established cases, publicly discloses an Infraction or makes it known to the media, does not benefit from the protection afforded by the Law.
4. Reception, processing and recording reports of Infractions
4.1. Complaints under the terms of these Regulations will be communicated through the Internal Reporting Channel, which may be carried out in writing through one of the following means:
a) by sealed letter, marked “confidential”, with any proof of reception, sent in the following terms: Quinta do Vallado reporting channel, Rua Mariano Carvalho, 260, 4º dto posterior, 4410-483 Arcozelo, Portugal;
b) by sending an email to the following address, with the subject line “Confidential - Quinta do Vallado's whistleblowing channel”: canal.denuncia@quintadovallado.com
4.2. The Whistleblower will be notified within 7 (seven) days of receipt of the complaint by Quinta do Vallado.
4.3. Following the receipt of a complaint:
4.3.1. Quinta do Vallado will carry out the appropriate internal acts to verify the allegations contained therein and, where appropriate, to the termination of the infraction denounced, including by opening an internal investigation or notifying the competent authority to investigate the infraction.
4.3.2. If the whistleblower has provided a contact, Quinta do Vallado will inform the whistleblower of the measures planned or adopted to follow up on the complaint and the respective grounds, within 3 (three) months from the date of reception of the complaint.
5. Confidentiality
5.1. The reception and follow-up of reports will be carried out by people or services specially designated for this purpose.
5.2. The identity of the whistleblower, the complainant and people associated with them, as well as the information in the reporting case are confidential in nature and are restricted to access by the people responsible for receiving or following up on reports, without prejudice to the fulfilment of a legal obligation or of judicial decision.
6. Processing of personal data
In order to receive, follow up, record and to retain complaints, the personal data collected by Quinta do Vallado in this context will be processed in accordance with Regulation (EU) No. 679/2016 of 27 April and Law No. 58/2019 of 8 August.
7. Recording and retention of complaints
Quinta do Vallado will keep a record of the complaints received and will retain them for a period of at least 5 (five) years and, regardless of this period, while judicial or administrative processes relating to the complaint are pending.
8. Prohibition of retaliation
Any acts of retaliation against the whistleblowers are prohibited.8.2. Acts of retaliation are considered to be the act or omission that, directly or indirectly, occurring in a professional context and motivated by an internal or external complaint or public disclosure, which cause or may cause the whistleblower property damage, in an unjustified manner.
9. Amendments
This regulation may be changed at any time by Quinta do Vallado.