⦁ INTRODUCTION AND OBJECT
INSTITUTE OF BIOMECHANICS OF VALENCIA (“IBV”, the “Institute ” or the “Organization”, has implemented an Information Channel (the “Channel”), which is configured as a fundamental pillar of the Institute's compliance culture. With the entry into force of Law 2/2023, of February 20, regulating the protection of people who report regulatory infractions and the fight against corruption, IBV has modified the previous Ethical Channel with the purpose of strengthening both the information culture and the integrity system implemented.
Through the new Channel, any person linked to the Institute's activity will be able to communicate those conducts that may be contrary to the internal regulations of the Organization, to the current legislation, when these constitute a strong> serious administrative infraction, very serious, also violations of labor law in matters of safety and health, conduct suspicious of a criminal offense or when the above could constitute infractions of the law of the European Union in relation to its financial interests or that affect the internal market. Provided that the previous ones were carried out by the members of the Organization.
IBV has outsourced the management of the System to the company ANDERSEN TAX & LEGAL IBERIA, S.L.P. The management of the Information Channel will be carried out by said company through the technological tool “icloudCompliance” provided by the Company Klab Corporate Project Management, S.L.
Through the Channel, information may be transferred in writing and verbally through a recording system. IBV, integrates in this Channel all the existing communication channels to date, as well as as has designated an Information Channel Manager (the “Responsible”) for its management.
The procedure that will follow The processing of communications received on the Information Channel is established in the “Management Procedure for Information received on the Information Channel” of IBV (the “Procedure”), setting out below the guarantees and principles that will be followed both in the reception and management of information and in the investigation procedure.
⦁ GUARANTEES OF THE IBV INTERNAL INFORMATION SYSTEM
⦁ Confidentiality: any information will be confidential. It will be treated with the maximum confidentiality and will respect, in all cases, the legislation and regulations on data protection. The people responsible for the management of the Channel and the investigation of communications will keep the strictest secrecy regarding the identity of the informants and those affected, when they have knowledge of them.
⦁ Anonymity: the IBV Information Channel allows the Informant to transmit anonymous communications.
⦁ Independence and autonomy: the Head of the Channel appointed by the Committee Permanent and the Board of Directors of the Organization is autonomous and independent for the management of the System.
⦁ Conflicts of Interest: the Channel establishes mechanisms to avoid conflicts of interest in the management and investigation of the communications received.< /p>
⦁ Protection against retaliation: IBV will protect from any retaliation to informants who in good faith report breaches of current legislation.
⦁ Rights of defense and presumption of innocence: IBV guarantees the right of defense and the presumption of innocence of the affected persons.< /p>
⦁ Speedity in the management of received communications, avoiding unjustified delays in the management of the System and in the investigation of communications.
⦁ ESSENTIAL PRINCIPLES OF THE INVESTIGATION PROCEDURE
⦁ Sending the acknowledgment of receipt of the communication to the Informant within a period of seven (7) calendar days from receipt, with the sole exception that said acknowledgment could jeopardize the confidentiality of the communication.
⦁ Regarding the deadline for carrying out the investigation, this cannot be changed. be greater than three (3) months counting from the receipt of the communication or, in if no acknowledgment had been sent receipt to the informant, three (3) months from the expiry of the period of seven (7) days after the communication is made. n, except in cases of special complexity, in which it may be possible to extend the term for three (3) additional months.
⦁ The possibility of maintaining communication with the Informant is established and if it is considered that they contributed, they will be asked to contact the Informant. additional information.
⦁ The Affected person has the right to be informed of the actions or omissions attributed to them, as well as as to be heard. This communication will have place in the time and manner considered appropriate by the Head of the Channel in order to guarantee the successful completion of the investigation.
⦁ When the facts may showindications constituting a crime, a criminal investigation will be carried out. to the remission of the information to the Prosecution Ministry.
⦁ EXTERNAL INFORMATION CHANNELS
Through this, informants are informed that the so-called Independent Informant Protection Authority is configured as an external channel. >, dependent on the Ministry of Justice, who will be competent for the reception and communication of those infractions or non-compliance that affect or produce effects throughout the Spanish territory, regardless of whether the Autonomous Communities have designated their own independent authority. It also operates in the communication of those infractions or non-compliance that occur in more than one Autonomous Community or occur in those Autonomous Communities that have not designated their own independent authority. /p>
⦁ DATA PROTECTION
Informants may exercise their rights of access, rectification, deletion, opposition, unless they are subject to automated individual decisions, portability and limitation. of the processing of your data by contacting dpd@ibv.org, accompanied by a copy of your ID for the purposes of adequately proving your identity.
Informants also have the right to file a claim with the Agency. Spanish Data Protection Agency (AEPD) or before the IBV Data Protection Delegate.