What CANNOT be reported?

• news that is clearly unfounded, information that is already in the public domain, as well as information acquired solely on the basis of indiscretions or rumours that are not very reliable (so-called “corridor rumours” or “hearsay”).
• disputes, claims or requests related to a personal interest of the reporting person or the person who filed a complaint with the judicial or accounting authority that relate exclusively to their individual employment or public employment relationships, or inherent to their employment or public employment relationships with hierarchically superior figures. Therefore, excluded are, for example, reports regarding labour disputes and pre-litigation phases, discrimination between colleagues, interpersonal conflicts between the reporting person and another worker or with hierarchical superiors, reports relating to data processing carried out in the context of the individual employment relationship in the absence of damage to the public interest or the integrity of the public administration or private entity;
• violations already mandatorily regulated by the European Union or national acts indicated in Part II of the Annex to the Decree or by the national acts that implement the European Union acts indicated in Part II of the Annex to Directive (EU) 2019/1937, even if not indicated in Part II of the Annex to the Decree (for example, reports regulated by Legislative Decree 1 September 1993, no. 385 “Consolidated law on banking and credit” and by Legislative Decree 24 February 1998, no. 58.
• Consolidated law on financial intermediation are excluded);
• violations relating to national security, as well as procurement relating to aspects of defence or national security, unless such aspects fall within the relevant secondary legislation of the European Union.
• issues relating to goods and services provided by the Company (e.g. complaints)
  

What information must the report contain?
Reports must be as detailed as possible, including all elements useful to the management body to carry out the checks and investigations necessary to evaluate their validity.
To this end, the whistleblowers must provide at least the following elements:
• the circumstances of time and place in which the reported event occurred;
• the description of the fact with an indication of the known circumstances (of manner, time and place);
• the personal details or other elements that allow the identification of the person to whom the reported facts are to be attributed (the so-called reported person).
• unless the report is anonymous, the personal details of the person making the report, indicating the position or function held within the company;
• the absence of any private interests connected to the report and one’s good faith;
• any information or evidence (attaching the relevant documents) that may provide useful confirmation of the existence of what has been reported, in particular also the indication of any other subjects who may report on the facts being reported;
• where the report is not anonymous, the identifying data of the reporting person (name, surname, qualification, etc.). As will be better explained, the latter are supported by specific technical and organizational security measures aimed at guaranteeing absolute confidentiality of the reporting person’s identity.
If the report is sent in written form via the Whistleblowing Portal, the reporting person will be guided in providing these elements by the questions provided in the reporting form.
In any case, if the report is not adequately detailed, the Management Body may request additional elements from the reporting person via the Whistleblowing Portal or even in person, if the reporting person has requested a direct meeting.
Reports must not contain excessive personal data, but only the data necessary to demonstrate the validity of the complaint. As a rule, therefore, no special data should be included, nor personal data suitable for revealing the state of health or judicial matters.

How can it be reported?
The reporter has the possibility to make a report, written or oral, using the internal channels listed below:
• via the Whistleblowing Portal: https://digitalroom.bdo.it/Chimpex/home.aspx
Chimpex Industriale S.p.A. has implemented an IT platform that allows reports to be sent both in written form by filling out a questionnaire and in oral form by using a voicemail box.
The Portal will ask the reporting person whether or not they intend to reveal their identity. In any case, the reporting person may provide their personal details at a later time, including through the messaging system provided by the Portal.
When sending the report, the Portal will issue the reporting person a unique identification code (ticket). This number, known only to the reporting person, cannot be recovered in any way if it is lost. The ticket will be used by the reporting person to access, always through the Portal, their report in order to:
– monitor its progress;
– insert additional elements to detail the report;
– provide their personal details;
– answer any questions for further information.
Through a direct meeting, by sending an email to the management body daniela.nanno@gmail.com
or to the substitute management body nazareno.garofalo@gmail.com

Who can provide assistance to the whistleblower?
the whistleblower can decide to turn to a person in whom he or she places his or her trust who, acting as a “Facilitator” pursuant to the legislation in question, receives similar protection as the whistleblower.

How can I consult a submitted report and find out its outcome?
When sending the report via the Whistleblowing Portal, the reporting person will receive a code that they can use to access, always via the Portal, their report in order to: monitor its progress; enter additional elements to substantiate the report; provide their personal details; respond to any questions for further information.
In any case, the Management Body:
• issues the reporter an acknowledgement of receipt within 7 days of the date of receipt of the report
• provides timely feedback to any requests forwarded by the whistleblower through the reporting channels (messaging system implemented on the platform)
• provides feedback to the report within three months from the date of acknowledgement of receipt or, in the absence of such acknowledgement, from the expiry of the seven-day period from the submission of the report.

Who manages the reporting?
The Management Body chosen by the Company is internal, and is identified in the person responsible for quality and management systems, Dr. Daniela Nanno.
The manager of the reports, as the Recipient of the Report:
– is autonomous and independent;
– guarantees a fair and impartial judgment on the report received;
– respects confidentiality obligations, especially regarding the identity of the reporting person, the reported person and the other subjects involved (facilitator, family members, work colleagues, witnesses, etc.);
– manages the report (assesses admissibility and carries out the investigation into the facts or conduct reported);
– manages discussions with the reporting person (notices of receipt and closure of the report and exchanges of information);
– communicates the outcome to the reporting person (giving an account of the measures planned or adopted or to be adopted to follow up on the report and the reasons for the choice made).
– ensures adequate publicity for this procedure and on the other channels (external channel, public disclosure, complaint) provided for by Legislative Decree 24/2023 with particular regard to the conditions for accessing it by the competent subjects and the procedures.

If the report is submitted to a person other than the one identified and authorized by the administration or body, the latter will proceed to transmit it, within seven days of its receipt, to the competent person, giving simultaneous notice of the transmission to the reporting person.
In the event that the reporting person believes that the management body is in conflict of interest, he/she may address his/her report to Dr. Nazareno Garofalo, citing the reason for the conflict.

What are the protections for the whistleblower?
The protection system provided for by Legislative Decree no. 24/2023 is divided into the following types of protection:
1. protection of the confidentiality of the reporting person, the facilitator, the person involved and the persons mentioned in the report;
2. protection from any retaliatory measures adopted by the entity due to the reporting, public disclosure or complaint made and the conditions for its application;
3. limitations of liability with respect to the disclosure and dissemination of certain categories of information that operate when certain conditions are met;
4. the provision of support measures by Third Sector entities included in a special list published by ANAC.

These measures are extended, in addition to the whistleblower, to the following subjects:
– to the facilitator (a natural person who assists the whistleblower in the reporting process, operating within the same work context and whose assistance must remain confidential). For example, the facilitator could be a colleague from an Office other than the one to which the whistleblower belongs, who assists the latter in the reporting process on a confidential basis, i.e. without disclosing the information learned. The facilitator could be a colleague who also holds the qualification of trade unionist if he assists the whistleblower in his name and on his behalf, without using the union acronym;
– to people in the same work context as the reporting person, the person who filed a complaint or the person who made a public disclosure and who are linked to them by a stable emotional or kinship bond within the fourth degree;
– to the work colleagues of the reporting person or the person who filed a complaint or made a public disclosure, who work in the same work context as the same person and who have a habitual and current relationship with that person.
– to entities owned by the reporting person or for which the same persons work as well as to entities operating in the same work context as the aforementioned persons.
Waivers and transactions, whether complete or partial, which have as their object the rights and protections provided for by the decree are not valid, unless they are carried out in the protected venues referred to in art. 2113, paragraph 4, of the civil code.

How is the confidentiality of the whistleblower protected?
The Company guarantees the confidentiality of the identity of the Reporting Person starting from the stage of receiving the report, in compliance with the provisions of the law. To this end, the personal identifying data of the reporting person cannot be directly viewed in the report and are stored in such a way as to be visible exclusively to the body responsible for managing the report. The Company adopts all guarantees and technical and organizational measures provided by law in order to protect the confidentiality of the identity of the reporting person, so that it is not revealed to third parties without the express consent of the latter, except in the case of reports in bad faith or defamatory. These measures include the obscuring of personal data, especially those relating to the reporting person but also of other subjects whose identity, pursuant to Legislative Decree 24/2023, must remain confidential (the facilitator, the reported person, the other persons mentioned in the report), if, for investigative reasons, other subjects must also be made aware of the content of the report and/or the documentation attached to it.

When can the identity of the whistleblower be revealed?
In the event of disciplinary proceedings, the identity of the whistleblower may not be revealed if the challenge of the disciplinary charge is based on investigations that are separate and additional to the report, even if consequent to the same; the identity of the whistleblower may be revealed only if:
– the challenge is based, in whole or in part, on the report itself and knowledge of the identity of the whistleblower is absolutely essential for the defense of the accused; and
– there is the consent of the whistleblower.
In this case, the Company will take care to communicate, always in advance, in written form to the whistleblower the reasons that lead to the disclosure of his identity.

In what cases is the whistleblower’s protection not guaranteed?
No retaliation or discrimination, direct or indirect, may be incurred by anyone who has made a report in good faith, regardless of whether the report is later found to be well-founded or not.
Penalties are provided for those who violate the measures to protect and confidentiality of the whistleblower.
The protection of the whistleblower is not guaranteed in the case of reports made with intent or gross negligence or which prove to be false, unfounded, with defamatory content or in any case made for the sole purpose of damaging the Company, the reported party or other parties affected by the report. Penalties are provided for the whistleblower, if it is possible to trace him/her in the case of reports made with intent or gross negligence or which prove to be false, unfounded, with defamatory content or in any case made for the sole purpose of damaging the Company, the reported party or other parties affected by the report.
The Company may also take appropriate legal action.

When and how a report can be made to ANAC
The competent Authority for the management of the external channel is ANAC. It is possible to report to the Authority if one of the following conditions applies:
1. the mandatory activation of the internal reporting channel is not foreseen in the working context or this, even if mandatory, is not active or, even if activated, does not comply with the provisions of Article 4 of Decree 24/2023;
2. the reporting person has already made a report through the internal channel and the same has not been followed up;
3. the reporting person has reasonable grounds to believe that, if he or she were to make an internal report, it would not be effectively followed up, or that the same report could lead to the risk of retaliation;
4. the reporting person has reasonable grounds to believe that the violation could constitute an imminent or obvious danger to the public interest.
For any further information, please refer to the institutional website of the Authority at the following link Whistleblowing – www.anticorruzione.it

To submit a report via the Whistleblowing Portal, click here: https://digitalroom.bdo.it/Chimpex/home.aspx
For further information on the procedure and the processing of personal data, clicca qui
To contact the management body and request a direct meeting daniela.nanno@gmail.com or to the substitute management body nazareno.garofalo@gmail.com