Legal notice and privacy
TAMDIS BY JP. COMPLAINTS CHANNEL.
Art. 31.bis. of the Penal Code talks about the responsibility of the legal person, in it, not only the criminally responsible persons are determined, but in its point 5, it establishes the requirements to be met by the crime prevention management models to be implemented in the organizations. One of these requirements is the existence of a means to report possible non-compliances: “They shall impose the obligation to report possible risks and non-compliances to the body in charge of monitoring the operation and observance of the prevention model”.
On the other hand, and in accordance with the provisions of Law 2/2023, of February 20, regulating the protection of persons who report regulatory violations and the fight against corruption, specifically in Article 10 (private sector) and Article 13 (public sector), the obligation to establish internal whistleblower channels is imposed.
TAMDIS BY JP. reports: CHANNEL OF COMPLAINTS.
The present whistleblower channel ensures compliance with the provisions of the doctrine derived from the Prosecutor’s Office Circular 1/2016, dated January 22, 2016, and with the provisions of the aforementioned Law 2/2023.
Likewise, the external complaints channel established is managed by a qualified trust service provider that complies with the specifications provided for in Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and Law 6/2020, of 11 November, regulating certain aspects of electronic trust services.
The purpose of using a qualified trust service provider is to guarantee the presumption of veracity and authenticity of the evidence, establishing the burden of proof on the party challenging the document, in accordance with the provisions of Art. 326 of Law 1/2000, of January 7, 2000, on Civil Procedure.
In any case, the qualified trust service provider shall comply with the instructions established by TAMDIS BY JP. and always in accordance with current legislation on data protection, ensuring compliance with the obligations under Art. 28 of the RGPD. ANONYMOUS COMPLAINTS AND PERSONAL DATA. Complaints will generally be anonymous and will be answered through the same channel through which they were received. Anonymity shall be lifted only with the express consent of the informant or when it constitutes a necessary and proportionate obligation imposed by Union or national law in the context of an investigation conducted by national authorities or in the context of judicial proceedings, in particular to safeguard the rights of defense of the person concerned.
During the process, therefore, compliance with current data protection legislation will be ensured. (LOPD and RGPD) USE OF THE COMPLAINTS CHANNEL. When you go to establish a complaint, you will notice that you are directed to an on-line tool external to the domain of TAMDIS BY JP. the message will be transmitted to the tool of the qualified trusted service provider in order to guarantee anonymity and protection of the complainant’s data.
Therefore, this tool may be used by any employee of TAMDIS BY JP. or any other third party who may have knowledge of unethical, fraudulent or unlawful conduct committed within our Organization. This whistleblower channel is not the ideal channel for issues related to their conditions of employment or disciplinary matters. In this case, you must follow the policies established in your organization.
The data controller is TAMDIS BY JP. that, in compliance with a legal obligation under Law 2/2023 of 21 February, regulating the protection of persons who report regulatory infringements and the fight against corruption, will process the information for the purpose of managing the complaints received through the channel, guaranteeing the confidentiality of the whistleblower’s data by keeping them anonymous without communicating them to third parties unless their identification constitutes a necessary and proportionate obligation imposed by EU or national law in the context of an investigation carried out by the national authorities or in the framework of a judicial process, in which case it must be communicated to the competent authorities in the matter.
Your data will be kept for a maximum period of 3 months from the introduction of the data in the channel, after which it will be deleted from the channel, but may remain blocked when necessary to demonstrate the operation of the crime prevention model or may be required by the competent authority for the initiation of the corresponding investigation of the facts.
For more information about the processing of your data or how to exercise your rights, please refer to our Privacy Policy.
