Policy of the Ethical Channel

1.- Object

The purpose of this Policy is to regulate the Ethical Channel of Xarxes de Telecomunicaciones Alternatives, SLU, from now XTA, through which it is possible to communicate any incident or irregularity of potential significance and guarantee that it will be treated objectively, independently, anonymously and confidentially , adopting the appropriate measures.

The Ethical Channel is a tool for workers and other people related to
XTA, such as customers, suppliers, contractors or subcontractors, with which to be able to communicate possible conduct that may constitute a crime, harassment or contrary to the principles and values ​​of the organization, thus guaranteeing transparency and good corporate governance.

2.- Scope of application and general provisions

This document is applicable to all people who report an incident or irregularity through the Ethical Channel.

Incidence or irregularity is understood as any fact allegedly contrary to the legal system, the general principles of action and ethical behavior. This consideration also applies to any non-compliance that may constitute the commission of a crime attributable to the legal entity.

By way of example and not limitation, the issues that can be communicated through the Ethical Channel are:

  • Financial and accounting irregularities
  • Breach of regulations and internal policies
  • Unethical conduct or conflict of interest
  • Theft, embezzlement or fraud
  • Bribery or corruption
  • Use of privileged or confidential information
  • Harassment or employment discrimination
  • Environmental aspects
  • Human rights vulnerabilities

In this sense, communications that deal with issues for which there is a specific channel, such as customer service or commercial ones, will not be processed through the Ethical Channel.

Communication of incidents will be done through the channels XTA has enabled on the corporate website.

If a communication capable of being transferred to the Ethical Channel is received through a channel other than that of the Channel itself, employees have the obligation to inform the Compliance department so that it can be redirected to this channel.

3.-Communication of incidents and irregularities

Anyone who is aware of any incident or irregularity that contravenes the internal regulations and/or the legislation that is applicable, will have the obligation to report it through the Ethical Channel.

Likewise, any person or interest group not directly linked to XTA who would like to report irregularities of which they are aware can also use the Ethical Channel to report on these conducts.

Taking into account the facts reported and factors such as the type of unethical conduct, the country and
impact, a specific work unit is set up for the effective processing of each complaint submitted. The Ethical Manager, as an independent figure, administers the Ethical Channel by carrying out continuous control over incoming complaints and work units, with the aim of ensuring the correct processing and resolution of them.

4.- Process guarantees

4.1. Protection to the complainant

Anyone who communicates an incident or irregularity in good faith through the Ethical Channel will have the appropriate guarantee of protection. Specifically, you will have the right to be protected as established in Directive (EU) 2019/1937 of the European Parliament and of the Council, of October 23, 2019, relating to the protection of persons who report violations of the Law of union

4.2. Confidentiality and anonymity

The complainant who wants to make a communication without providing his personal data can do so anonymously. Similarly, if the whistleblower chooses not to hide his identity, he will be assured that his personal information and that of the parties involved will remain confidential.

In the same way, it is established the obligation to ensure the protection of the identity of the accused during the communication management process, and if necessary, after the resolution.

Any violation of the duty of confidentiality of the people involved in the management of the complaints will be investigated and, where appropriate, sanctioned.

4.3. Management of conflicts of interest

The process of managing communications received through the Ethical Channel is carried out by an independent, impartial and objective team. During the establishment of the work unit for investigation and resolution of each specific communication, it is reviewed in advance if there is a conflict of interest with any of the members elected to process the complaint and, if there is, conflicting members are discarded and different members are appointed who can carry out the instruction, thus safeguarding its independence.

4.4. Prohibition of retaliation

XTA guarantees the non-adoption of reprisals, both direct and indirect, against people who, in good faith, had communicated an incident or irregularity through the Ethical Channel.

In the same way, actions that are considered threats, reprisals or discrimination that can be made against a worker for having made a communication through the Ethical Channel, will be considered a labor violation.

4.5. Presumption of innocence and professional honorability

Reported persons and persons involved through any communication received through the Ethical Channel will be guaranteed the presumption of innocence, aside from the decisions that may be taken about these persons by the direct managers or the Human Resources area.

5.- Responsible use of the Ethical Channel

It is the complainant’s obligation to make responsible use of the Ethical Channel, so in no case must he make unfounded or bad faith complaints and legal and/or disciplinary actions that are applicable may result in this case. In addition, the exposure you make to inform any other person must be respectful and maintain decorum and good manners.

Likewise, the complainant must guarantee that the data provided is true, accurate, complete and up-to-date.

6.- Protection of personal data

The Ethical Channel guarantees the security of the process of receiving and resolving communications of incidents and irregularities, as well as of the people who make up the process, through the application of sufficient and appropriate IT security measures for the confidential treatment of complaints submitted and the confidentiality of the people involved both in the processing of complaints and in the subsequent investigation and resolution.

The entity Responsible for the Processing of your data is Xarxes de Telecomunicaciones Alternatives, SLU, and the data collected through the Ethical Channel will be processed for the sole purpose of processing the complaints received, and if necessary, investigating the facts reported.

You can revoke at any time the consent granted for personal data processing activities by XTA, as well as exercise your rights of access, rectification, deletion, opposition, limitation of data processing, data portability, as well how not to be the subject of automated decisions, as indicated in the “Rights of Interested Parties” section of our Privacy Policy .

In the same way, you are informed that you have the right to complain to the Spanish Data Protection Agency for any performance of this procedure.