Offline Website SoftwareThe Whistleblowing Channel is the mechanism that the company makes available to all employees, managers and directors/executives and to third parties who have a relationship with it and, in particular, to suppliers, clients, interns and workers in training periods, so that they can report any information related to the activity of the company or their stay in it and that may imply:
The channel is accessible 24/7 through the following methods: web form, in-person complaint form, and specific email addresses. Complaints can be submitted anonymously, if desired, or you may include your contact information. The information collected in the complaint will be treated securely and confidentially in accordance with Spanish Organic Law 3/º2018 on the Protection of Personal Data and Guarantee of Digital Rights (LOPD-GDD).
The Compliance area, together with the designated external Manager, make up the Channel's Executive Committee, which has been designated before the Andalusian Office against Fraud and Corruption (OAAF), and which is the body that processes the complaints received with diligence and promptness, promoting their verification and driving the measures for their resolution, in accordance with the internal procedures established in our internal protocol, if you wish you can download the operating manual of the Complaints Channel Here.
IMPORTANT. This is the company's reporting channel, specifically for inquiries related to the described events that may constitute an
irregularity or illegal act. For commercial claims, billing issues, or any other type of incident, please contact our Customer Service department, use our general contact form, or visit any of our work centers.
• A possible irregularity or act contrary to the internal code or principles or any other applicable internal regulations;
• Any irregularity related to accounting matters, audit issues and/or aspects related to internal control over financial reporting;
• A possible irregularity or act contrary to the law.
In accordance with the provisions of Regulation (EU) 2016/679 (GDPR) and Organic Law 3/2018, of December 5, (LOPD-GDD), the user is informed about the basic information relating to this form:
• IDENTIFICATION OF THE RESPONSIBLE PARTY: “FULGENCIO SPA, SL”, with Tax Identification Number (CIF): B-18235589 (hereinafter also referred to as “FULGENCIO SPA”), and registered office at Ctra. Nacional 340 km 343.5, 18730 - Carchuna, Granada. By signing this document/submitting this form, you guarantee that the information provided is true, accurate, complete, and up-to-date. Any changes to your information must be reported as soon as possible.
• PURPOSE OF THE TREATMENT: Fulgencio Spa will process the data collected in this form and any data generated as a result of investigations carried out, solely for the purpose of processing and deciding on the admissibility of complaints received within the framework of the crime prevention management model of the company “Fulgencio Spa”, analyzing them, preparing the files, and carrying out any actions necessary for this purpose. The data requested is the minimum necessary for the stated purpose; refusal or partial provision of the data may result in the complaint not being admitted for processing*.
• BASIS OF LEGITIMACY: The treatments will be carried out on the basis of: (i) the public interest in crime prevention and the existence of applicable law: Law 2/2023, of February 20, regulating the protection of persons who report regulatory infringements and the fight against corruption; (ii) the legitimate interest of Fulgencio Spa in preventing irregularities and/or non-compliance with the provisions of its Protocol and in the overall management of human resources within Fulgencio Spa; (iii) if you are an employee of Fulgencio Spa, the entity's authority to manage its workforce and, where appropriate, to adopt the relevant disciplinary measures within the framework of the employment contract signed between both parties. (iv) Express consent of the reporting party upon accepting
this Privacy Policy.
• DATA COMMUNICATIONS: The recipients of the information are the EXECUTIVE COMMITTEE and its designated representatives, as well as other individuals or entities whose collaboration is necessary within the framework of an investigation or for auditing the operation of the Whistleblowing Channel, in accordance with the Whistleblowing Channel Protocol, which is available to its users/interested parties. Furthermore, in order to carry out the necessary investigative tasks, to determine the responsibilities arising from the proceedings, or to implement Fulgencio Spa's internal organizational policies in response to the reported events, your personal data may be disclosed to external individuals and organizations that may be related to the events under investigation. Depending on the reported events, Fulgencio Spa may also be obliged to disclose or communicate your personal data, and the information you provide, to the State Security Forces and Corps, other Public Administration bodies with jurisdiction in the investigation of the reported events, as well as to the Courts of Justice and other jurisdictional bodies. Notwithstanding the foregoing, if a complaint proves to be false, your data may be communicated to the person or persons accused so that they may, if they deem it appropriate, initiate any legal action to which they are entitled as a result of the false complaint, as well as to the persons involved in legal proceedings initiated as a consequence of the investigation. If the complainant decides to remain anonymous, their identifying data will not be communicated to third parties in the management and processing of the complaint and subsequent investigation.
• STORAGE PERIODS: The personal data you provide will be processed for the time necessary to decide whether to initiate an investigation into the reported events and, if so, for the processing of said investigation. If the investigation concludes with its closure, the data will be deleted. In any case, three (3) months after the filing of the complaint, Fulgencio Spa will delete your data, without prejudice to its continued processing, if necessary, for the completion of the investigation, as well as to address any irregularities detected through, among other things, judicial, administrative, or labor measures. Furthermore, the information may be retained, after the data has been anonymized, for the purpose of conducting any audits of the operation of Fulgencio Spa's Whistleblowing Channel.
• EXERCISE OF GDPR RIGHTS: You may exercise your rights of access, rectification, restriction of processing, erasure, data portability, and objection, as applicable, in accordance with the regulations governing the protection of personal data. You may exercise these rights by sending a dated and signed written communication, indicating "GDPR Rights" in the Subject field, accompanied by a photocopy of your national identity document (DNI) if necessary for proper identification (and, where applicable, of your representative) and an address for notifications. This communication should be sent to the registered office of Fulgencio Spa at: Ctra. Nacional 340 km 343.5, 18730 - Carchuna, Granada, or by email to: dpo@fsagro.com . If you believe your right to the protection of personal data has been violated, you may file a complaint with the Spanish Data Protection Agency (AEPD) (www.aepd.es). Additional information on privacy is available on our website: www.fsagro.com. In this sense, the exercise of their rights by the accused is guaranteed, without this implying providing the accused with the complainant's information.
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