Whistleblowing Channel

Access to the Whistleblower Channel

The MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. Whistleblower Channel can be accessed through the following link: https://mapex.factorialhr.es/complaints

1. Questions and Answers

1.1. What is an external whistleblower channel?

An external whistleblower channel is a mechanism available to any individual or legal entity that has any kind of relationship with an organization, in this case MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U., and through which an irregularity, illicit or crime that may negatively affect the company in the provision of its services can be reported. The management of the whistleblower channel is entrusted to an external firm, in accordance with the Whistleblower Channel Regulations. Therefore, it is a system that allows users to make complaints confidentially.

1.2. Is it possible to file complaints anonymously?

In the complaint process, the complainant may decide whether or not to disclose his or her personal data. If he/she decides not to do so, he/she must establish his/her own follow-up, through the Whistleblower Channel, to see the progress and resolution of the complaints filed by him/her. The system will provide you with a username and password to access the progress of the complaint. The Complaints Channel is independent of MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. and does not register information of the IP from where the user connects.

1.3. What guarantees does the person making the complaint have?

MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. has entrusted the management of the Complaints Channel to an external firm, through which it is guaranteed, firstly, that this firm will be in charge of the processing of personal data, thus guaranteeing that the complaint will be kept confidential. Secondly, MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. guarantees the complainant in good faith that no reprisals will be taken against him/her for making a complaint.

1.4. Is it possible to report a fact without evidence?

Complaints must be made in good faith, must be based on the existence of indications of the commission of an unlawful or criminal act or an act contrary to ethical values and conduct and, therefore, it is advisable that they be supported by documentary evidence, but also by testimonial evidence and image and sound reproduction instruments. However, given the impossibility of obtaining evidence in a large number of cases, complaints are admitted without evidence.

1.5. What happens if a report is false?

Complaints must be truthful and in good faith, complying with the provisions of the Regulations of the Whistleblower Channel. The formulation of a false complaint could be constitutive of the crimes of slander and libel, typified in the Penal Code. In addition, the personal data of the complainant in bad faith may be disclosed to MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. in order to guarantee the indemnity of the fundamental rights of the person or persons unjustly denounced. MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. may take appropriate legal action against persons who make a false report. 

1.6. Will the respondent be informed that there is a complaint against him/her?

Yes. The Law requires that the defendant be aware that a complaint has been made against him/her and, therefore, as soon as the preliminary checks have been made and the file has been initiated, the defendant will be informed of the existence of the complaint and a summary of the complaint. However, the complainant will not be given the complainant’s identification data.

1.7. What is the procedure once the complaint has been filed?

Once the complaint is received, it is assigned a code and included in the Complaints Register. The Complaints Channel manager analyzes the facts described in the complaint, classifies it according to its seriousness and makes a series of recommendations for investigation. Subsequently, and excluding the complainant’s personal data, the Whistleblower Channel manager sends the reported facts to MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. for the opening of the corresponding file, which may lead to the opening of an internal investigation or the filing of the complaint, in accordance with the provisions of the Whistleblower Channel Regulations.

1.8. What are the consequences of having a complaint investigated?

If the investigation confirms the reported facts, MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. will immediately take all necessary measures to put an end to such acts or to prevent their recurrence. Subsequently, and depending on the seriousness of the facts, legal and disciplinary actions may be initiated against the person or persons allegedly responsible for them.

1.9. How will the personal data provided be treated?

All personal data provided for the purpose of filing a complaint to MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. will be processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, for legitimate and specific purposes in relation to the investigation that may arise as a result of the complaint. In no case will personal data be used for different purposes, and their processing will always be appropriate and proportionate to the aforementioned purposes.

1.10. Where can the Whistleblower Channel Regulations be consulted?

The full text of the MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. Whistleblower Channel Regulations can be consulted in the Privacy Policy section below.

2. Privacy Policy

In order to receive and process your complaint, you must confirm that you have read this Privacy Policy and the Complaint Channel Rules. If you do not accept the conditions set forth in these two documents, you may not file a complaint.

Remember that this channel is not intended to communicate emergencies.

The complaints channel is managed by MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U., using the FACTORIAL Platform, owned by EVERYDAY SOFTWARE, S.L. The FACTORIAL Platform guarantees security and confidentiality for the purpose of the contracted treatment.

2.1. Privacy Policy

Your personal data will be treated confidentially and only for those purposes for which you have consented, as explained below in this Privacy Policy and each of the Privacy Policies of the different forms.

2.2. Commitment to privacy

MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. is fully committed to compliance with the regulations and the General Data Protection Regulation of the European Union and the regulations relating to the protection of personal data in force at all times.

MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. has taken the determination to implement the following principles, being privacy the basis on which all treatments are configured:

– Transparency in data processing: whenever personal data is collected about you, you will be duly informed of the purposes of such processing in the relevant privacy policy.

– We will always process the data that are strictly necessary to carry out the informed treatment.

– You will never be obliged to provide personal data, unless it is really necessary to provide the service requested.

– No data will be transferred to other third parties, except by legal obligation.

MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. obtains your personal data (information and data obtained through the use of cookies) in order to manage your requests and offer you the services and products in which you may be interested.

2.3. Data Controller, Data Protection Officer and Whistleblower Channel Manager

MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U., with address at C/ Figueres, 28 – 08500 Vic (Barcelona) and N.I.F.: B-62131875.

The company is registered in the Mercantile Registry of Barcelona and can be contacted through the following e-mail address sales@mapex.io.

2.4. Data processed and origin

They will be as follows:

– All contact information provided (name and surname, e-mail, telephone).

– Name and position of the persons reported in the complaint.

– Information about the facts, regardless of their nature.

2.5. Purpose of processing and legitimacy

In accordance with current legislation on data protection, MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. informs you that your personal data will be collected and processed for the purpose of:

– Analyze, process and investigate reported facts in a confidential manner.

– Manage the consultation that arises.

– Exchange information with the objective of complementing your request.

– Interview him/her to clarify the reported facts, if applicable.

The legitimate interest of MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. is to ensure compliance with the policies and regulations or applicable legislation.

2.6. Assignment recipients

Those required by law, service providers in their capacity as data processors. In addition, in the course of an investigation it may be necessary for us to share the facts reported with another group company if it is involved in the facts; anonymity will always be preserved.

2.7. International transfer recipients

Those derived from the processing of the complaint, question or concern to any other company of the group, as well as those derived from our relationship with the supplier that manages the Complaints Channel, with the guarantees set forth in the Privacy Policy.

2.8. Duration of processing and storage period

In MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. we process personal data for the time necessary to carry out the purposes for which they were collected as long as you do not withdraw the consents given. Therefore, we minimize the period of processing and storage of personal data.

In any case, even if you ask us to delete your data, we may retain it and keep it, under appropriate blocking, for as long as necessary to comply with our legal obligations.

2.9. Exercise of rights and claims before the Spanish Data Protection Agency

As a consequence of the processing of your personal data by MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U., the legislation in force grants you a series of rights:

– Right of access: You have the right to know what personal data we process about you and the purposes for which we process it.

– Right of rectification: You may ask us to rectify at any time if those in our records are erroneous.

– Right of deletion: You may request, at any time, that your personal data be deleted from our files.

– Right to object: You may object to the processing of your data in relation to any of the purposes for which we process your data, in accordance with the privacy policies applicable in each case.

– Right to limit processing: You may request the limitation of processing if you believe that the data we hold about you is not correct or accurate; if you believe that we are not processing your data in a legitimate manner and you would prefer that we limit the processing or delete it; if the data we hold is no longer necessary for the purpose for which we collected it; or if the data we hold is no longer necessary for the purpose for which we collected it.

– Right to data portability: Under certain circumstances, you may receive the personal data you have provided to us in a structured, commonly used, machine-readable format and transmit it to another data controller.

To exercise your rights, you can contact us at the following e-mail address sales@mapex.io, indicating “Privacy” in the subject line. In order to verify that you are the owner of the data we may ask you to send us a document proving your identity. We will try to answer you as soon as possible and in any case within one month from your request and correct identification.

You can also go to the Spanish Data Protection Agency, which is the Spanish supervisory authority if you consider that your rights have been violated.

2.10. Confidentiality

We undertake to treat your data with the utmost confidentiality and discretion, as well as to implement all security measures that we deem appropriate and reasonable for the processing of your data.

2.11. Use of cookies

For the use of this website, it is necessary to use cookies. Cookies are used in order to improve the service provided by MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. and can be activated or not by the user at the time of accessing the website. In no case will any personal information about the users be stored and all the information obtained will be anonymous.

3. Regulations of the Whistleblower Channel

MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U., in its desire to always act in accordance with the law and in accordance with its ethical values and conduct, excluding any action contrary to them, has set up a Whistleblower Channel which, in addition to serving to discover and investigate possible ethical or conduct irregularities, is an essential tool for the continuous improvement of protocols, prevention policies, quality standards and other internal regulations of the company.

Article 1. Object

The purpose of these Regulations is to regulate and provide content to the MAPEX Whistleblower Channel, establishing the procedure for reporting any irregular, illicit or criminal behavior occurring within the organization, as well as to provide for and protect the rights and guarantees of all persons involved in the reporting process and subsequent investigation.

Likewise, regardless of the provisions of this document, it is recalled that any person interested in reporting the commission of any action or omission contrary to the Law may also do so through the external information channel managed by the Independent Whistleblower Protection Authority, to the appropriate authorities or regional bodies.

Article 2. Scope of application

These Regulations are applicable to any individual or legal entity that has any kind of relationship with MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. and reports or is reported for an irregular, illicit or criminal act, using the Complaints Channel established by the company for this purpose.

Article 3. Complaint

1. A complaint shall be considered to be the notification to the manager of the Complaints Channel by the person making the complaint of one or more irregular, illicit or criminal acts through the form provided for this purpose on the MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. website, www.mapex.io, provided that the requirements set forth in these Regulations are met.

2. In the complaint process, the complainant may decide whether or not to disclose his or her personal data. If he/she decides not to do so, he/she must establish his/her own follow-up, through the Whistleblower Channel, to see the progress and resolution of the complaints filed by him/her. The system will provide you with a username and password to access the progress of the complaint. The Complaints Channel is independent of MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U., and does not register information of the IP from where the user connects.

3. All complaints must include the identification data of the person or group denounced, a list of the facts that are considered irregular, illegal or criminal, and as many evidentiary means as the complainant has at his/her disposal to substantiate the complaint.

4. Complaints made through any method other than the Complaints Channel form provided for this purpose on the MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. website will be considered as not filed. However, despite the fact that a complaint is made outside the established method, as far as possible, an attempt will be made to guarantee the confidentiality of the complaint through activities such as training received by company staff members in this regard.

5. In the event that any member of staff who is not in charge of handling complaints receives a complaint in error, it shall be his/her obligation to immediately forward it to the Complaints Channel manager.

Article 4. Irregular, unlawful or criminal behavior

1. Any infringement of those behaviors or attitudes contrary to the ethical values of MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. will be considered irregular behavior.

2. Any legal or regulatory infringement will be considered unlawful behavior, regardless of whether it is carried out for the benefit or to the detriment of MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U.

3. It will be considered as criminal behavior any conduct considered as a crime by the Spanish Criminal Code, as well as in the International Criminal Law, regardless of whether it is carried out for the benefit or to the detriment of MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U.

Article 5. Bona fide complaint

A bona fide complaint shall be considered to be that which, processed in accordance with Article 3 of these Regulations, brings to the attention of the complainant a series of facts or indications of an irregular, illicit or criminal appearance, acting in the rational belief that the facts or indications related thereto are true.

Article 6. Rights of the bona fide whistleblower

1. Whistleblowers who act in good faith in accordance with the provisions of this Regulation may not be disciplined, dismissed or removed from their position, nor may they suffer any prejudice in their relationship with MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. as a result of the filing of a complaint.

2. The filing of a complaint in bona fide in accordance with the provisions of this Regulation shall not be considered, in any case, as a breach of the ethical values and conduct of MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U., nor of any obligation assumed contractually.

3. The bona fide complainant shall have the right to be informed, at any time, of the status of the processing of his complaint, as well as of the outcome thereof.

4. The identity of the bona fide whistleblower will not be disclosed to third parties or to the organization itself. Only in case of strict necessity, and with the consent of the whistleblower, MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. may disclose to MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. his/her identification data. The manager of the Whistleblower Channel, upon written request by MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U., will analyze the objective situation of the need to disclose the identity of the whistleblower, and, in case of coinciding in the need, will contact the whistleblower to request his/her consent. The personal data disclosed may be used by MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. for the sole purpose of solving the situation of need, and will be duly destroyed once such situation has ceased.

5. Any action taken against a bona fide complainant and, in particular, situations of threat, discrimination or harassment, for the fact of filing a complaint, will be investigated with the highest priority and punished in a timely manner. When such measures are of a criminal nature, MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. will assist the complainant in the exercise of his/her rights.

6. The processing of the complainant’s data is based on his or her consent. However, you have the right to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of the processing based on the consent prior to its withdrawal. The complainant may exercise his/her rights of access, rectification, deletion, limitation and opposition to the processing of his/her personal data, as set forth in the Privacy Policy of the MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. website, www.mapex.io, in application of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

Article 7. Rights of the reported person

1. The person denounced will have the right to know the existence of the complaint with express mention of the actions or omissions attributed to him/her, as well as to be heard at any time. MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. is obliged to inform of the existence of a complaint against him/her within a maximum period of one month from the receipt of the monthly report by the manager of the Complaints Channel.

2. The person denounced shall have the right to have his or her honor and presumption of innocence respected throughout the investigation process.

3. In the event that the complaint ends up being filed, either because the facts described have not taken place, or because they are not irregular, unlawful or criminal, the person denounced shall have the right to have this recorded in the appropriate file and register of complaints.

4. The protection of the data of the reported persons will be guaranteed in the treatment. Their processing is based on the legitimate interest pursued by MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. as the data controller to maintain a whistleblower program.

Article 8. Complaint handling procedure

1. Each complaint filed under these Rules shall be assigned a unique code for identification, shall be duly stored in the Register of Complaints and acknowledgement of receipt shall be sent to the informant within seven days of receipt of the complaint (provided that it is possible to do so without jeopardizing the confidentiality of the communication).

2. The manager of the Complaints Channel will carry out a preliminary analysis of the reported facts and the attached evidentiary material, and will proceed to the legal qualification of the same. This qualification will be accompanied by a series of recommendations addressed to MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. on the due procedure for each of the complaints received, in any case, if the reported facts could constitute a crime, they will be immediately brought to the attention of the Public Prosecutor’s Office (national or international). Whenever there are complaints that have not been filed, the manager of the Complaints Channel will send the Register of complaints to MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. on a monthly basis, without including, in any case, the personal data of the complainants. When the facts related to a complaint are particularly serious, the manager of the Complaints Channel will send an extraordinary report as soon as possible.

3. The manager of the Complaints Channel may maintain communication with the complainant, as well as request additional information, whenever possible, in accordance with the provisions of this Regulation.

4. Once the register of complaints has been received, MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. will proceed to open a file for each of the registered complaints, whose identification code will coincide with the identification code of the complaint.

5. MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U., after evaluating the complaint, its qualification and the attached recommendations, will adopt a decision regarding each file, which may consist of the opening of an investigation or the filing of the file, when the complaint is totally unfounded. In either case, MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. will record in the file the reasons for the decision taken.

6. MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. will adopt, if necessary, the appropriate precautionary measures to avoid the repetition of the facts denounced during the investigation procedure and to secure the means of evidence that may be obtained.

7. MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. will ensure respect for the rights recognized to the complainants, to the reported persons and to third parties that may be involved in the complaint.

8. The term for the processing of the file, investigation and resolution, as from its opening, shall be a maximum of three months, and only for those cases that are particularly complex, it shall be a maximum of six months.

Article 9. Complaints of bad faith

1. A complaint shall be considered a bad faith complaint when the complainant is aware of the falsity of the facts narrated, or acts with manifest disregard for the truth.

2. The personal data of persons reporting in bad faith may be disclosed to MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. in order to safeguard the fundamental rights of the reported person. In case of perceiving bad faith in a complaint and if it is intended to obtain the identification data of the complainant, MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. will inform the manager of the Complaints Channel, justifying in writing the reasons for which it wants to obtain such data and the reasoning through which it concludes the falsity of the complaint. Once the request is received, the manager of the Whistleblower Channel will give the complainant a reasonable period of time to make allegations.

3. After analyzing the allegations of the complainant, or upon expiration of the term established for such purpose, the manager of the Complaints Channel shall decide whether or not to disclose the identification data of the complainant.

Article 10. Termination of the procedure

1. Once the investigation has been completed, MAPEX MANUFACTURING SOFTWARE SOLUTIONS, S.L.U. will resolve in writing the result of the investigation, as well as the measures to be adopted as a result of the complaint. The manager of the Complaints Channel will immediately inform the complainant of such resolution.

2. In the event that the facts giving rise to the complaint are accredited, the resolution shall specify the sanctions to be imposed on the person or persons denounced, as well as the measures to be adopted to prevent the reoccurrence of the facts.

3. Once the complaint has been resolved and its resolution notified, the identification data of the complainant and the person complained against shall be definitively deleted from the Register of Complaints.