What are cookies
A cookie is a small text file containing short information about a user's activity on a website and stored on the device he / she has had access to the site. Cookies are used for different purposes, in order to offer the user a fast and secure digital experience, allowing them to keep active the connection to the protected area while browsing through the pages of the site; memorize, in safe mode, your User ID and Password; personalize your home page or identify the pages of the site you visited, to avoid repurposing Continue browsing the site www.dryce.it, performing a scrolling action (scroll down), clicking on a link or closing the warning message on the use of cookies, involves the user's authorization to use them, in the manner and with the purposes indicated in this section.
The new EU regulation 679/2016 mentions cookies only once in the text of the GDPR, at Recital 30: "Individuals can be associated with online identifiers produced by devices [...] such as IP addresses, temporary markers (cookies) or other identifiers. These identifiers can leave traces that, in particular if combined with unique identifiers and other information received from the servers, can be used to create profiles of individuals and identify them. »So when using cookies you can identify an individual through their device, these data are considered personal data.
Features and purposes of cookies installed on the site
The cookies used on this website are essentially of these types:
- Technical Cookies
Required for browsing the site and using some of its functions. These cookies are essential for the proper functioning of our website as they allow us to provide the services requested by users and to navigate the site using its best performance. This type of cookie can not be disabled as it is necessary for the proper functioning of the site. -
Statistical cookies (Google Analytics)
Provided and managed by Google to statistically analyze site accesses. The information is collected only in anonymous and aggregate form and no personal data of the users is stored. You can decide not to use Google Analytics cookies, following the information at the following link: https://tools.google.com/dlpage/gaoptout?hl=it, or consult the information on the processing of data by Google Analytics at the following link: https://www.google.com/analytics/learn/privacy.html?hl=it - Profiling or advertising cookies
Provided and managed by third parties to generate specific advertising messages based on the browsing habits and interests of individual users. These cookies collect information about your browsing habits, in order to propose advertisements that are important and targeted to your interests. These cookies do not, however, use additional data beyond the personal data of users. This site may use Google DoubleClick cookies. For more information, and to disable this cookie, follow the information at the following link: http://www.google.com/intl/it/policies/technologies/ads/. We suggest then, for more information, to visit http://www.youronlinechoices.com/it/. By removing these cookies, no functionality will be lost. - Third-party tracking cookies
Cookies of this type are used to collect information on the use of the website by visitors, the keywords used to reach the site, the websites visited and the origins of the traffic from which visitors come for marketing campaigns. The Data Controller may use this information to compile reports and improve the Site. Cookies collect information in an anonymous form. Cookies of this type are sent from the site itself or from third-party domains. - Cookies for integrating third-party functionality
Cookies of this type are used to integrate third-party functionality on the Site (for example, function keys of social networks that allow visitors to share the content of the site). The cookies in this category can be sent from the domains of the partner sites or that still offer the functionalities present on the site. The Owner is not required to request the user's consent for technical cookies, as these are strictly necessary for the provision of the service. For other types of cookies, the consent may be expressed by the User, in accordance with current legislation, through specific browser configurations and computer programs or devices that are easy and clear usability for the user. The Data Controller reminds the User that it is possible to change the cookie preferences at any time. It is also possible to disable cookies from the browser at any time, but this operation may prevent the User from using certain parts of the Website. - Third-party websites
The site may contain links to other Web sites that have their own privacy policy. These privacy policies may be different from that adopted by the Data Controller, which therefore is not responsible for third-party sites. The consent to the use of such cookies is expressed by the interested party through the individual setting that he has freely chosen for the browser used for browsing the site, without prejudice to the User's right to communicate at any time to the Data Controller his / her wish about the data managed through cookies that the browser has accepted.
With each new access of the user (in a limited period of time) cookies will be shown to the site, with the ultimate purpose of remembering certain preferences regarding information useful for navigation. No personal user data is acquired by the site. We do not use cookies to transmit information of a personal nature, nor are persistent cookies of any kind, or systems for tracking users. If the User wishes to block or delete cookies received from the www.dryce.it site, he can do so by changing the settings of his browser. Alternatively, you can receive a warning note when they are sent to you. If you choose to disable all cookies, even the necessary cookies, functional and performance will be blocked and this could cause disruption to navigation on the site.
We use a cookie to remember your preferences in the tool for setting cookies; this brings with it a couple of consequences:
- If you delete all your cookies, you will have to update your preferences again when you visit our site;
- If you use a different device, computer or browser than you normally use, you'll have to let us know your preferences again.
Manage cookies in browsers
Each type of browser handles cookies differently. To disable them follow the instructions of your browser:
- Internet Explorer - Operating System: Windows
- Google Chrome * - Operating System: Windows / Mac
- Firefox * - Operating System: Windows / Mac
- Safari - Operating System: Windows / Mac
- Opera * - Operating System: Windows / Mac * Referred to the latest version of the browser. If the browser used is not among those proposed, select the "Help" function on your browser to find information on how to proceed. More information can be found at the following link: AllAboutCookies.org. Consent manifestation For cookies that require consent, at the first visit to the site the user automatically displays a banner, containing both the link of this complete information and the request for consent to use cookies. The consent can be given by the user continuing the navigation and / or accessing any element underlying this banner consent to the use of cookies.
- To all subjects to whom access to such data is recognized by virtue of regulatory provisions;
- To our collaborators, employees and suppliers, as part of their duties and / or any contractual obligations with them, concerning the commercial relationships with the interested parties;
- To the other companies connected to Dryce Srl.
Purposes of data processing
The purposes for which cookies are used on our site are as follows: Implementation of computer authentication, Session monitoring; Definition of the User profile based on the preferences shown during browsing, profiling involves the acquisition of the User's e-mail address.Nature of the provision of data and consequences of any refusal to respond With reference to points 1) and 2) of the purposes, the installation of these cookies is not subject to the prior consent of users, as they are strictly necessary to carry out the transmission of communication on an electronic communications network. With reference to point 3) of the purposes, the user must express his consent in relation to the installation of the same and any denial does not preclude, in any way, browsing the site. The processing will be carried out with automated systems designed to store, manage the data in compliance with the purposes indicated and in order to guarantee the security and confidentiality of the data.
Scope of communication and dissemination of dataFor the aforementioned purposes, the data can be communicated by Dryce Srl
Identification of Data Controller and Data Protection Officer
The Data Controller, identified in the person of the owner and legal representative of Dryce Srl with registered office in Via Aosta 5, Cernusco sul Naviglio 20063, Italy guarantees the security, confidentiality and protection in their possession, at any stage of the process of treatment of the same. The Data Protection Manager) is Dryce Srl info@dryce.it
Exercise of rights by the interested party
Pursuant to art. 13, paragraph 2, letters (b) and (d), and of the art. 15 and subsequent articles from 17 to 20 of the Regulations, we inform you that the data subjects have the right to ask Dryce Srl as Data Controller access to personal data, rectification or cancellation of the same or limitation of the processing that concern him or to oppose their treatment, in the foreseen cases; Any corrections or cancellations or limitations on processing carried out at the request of the interested party - unless this proves impossible or involves a disproportionate effort - will be communicated by Dryce Srl to each of the recipients to whom the personal data have been transmitted. Dryce Srl will be able to communicate to the interested party those recipients if the interested party requests it. The exercise of rights is not subject to any form constraint and is free. In order to exercise the rights, the user can contact the Customer Service through the "Contact Us" section of the website or by sending an email to the email address info@dryce.it
This Legal Notice (hereinafter, the “Legal Notice”), together with the Privacy Policy and the Cookies Policy, governs access to and use of this website (the “Website”).
By simply accessing the Website, the person who does so becomes a User of the Website (hereinafter, “the User”). If the User does not agree with this Legal Notice, they must immediately leave the Website without using it.
By accepting this Legal Notice, the User declares:
- That they have read and understand the content of the Legal Notice.
- That they undertake all of the obligations set forth herein.
1. General information about the Website
Owner: DRYCE hereinafter, "DRYCE")
Registered office: Via Aosta, 6, Cernusco S/N (MI), Italy.
E-mail: ufficiocommerciale@dryce.it
2. Exclusion of liability
The User’s access to the Website does not imply an obligation for DRYCE to monitor the absence of viruses, worms, or other harmful computer elements. In any case, the User is responsible for having the tools needed to detect and disinfect harmful computer programs.
DRYCE is not responsible for any damage to the software and/or computer equipment of the User or third parties while using the services provided on the Website or browsing it.
DRYCE is not responsible for damages of any kind caused to the User by telecommunications networks malfunctions or shutdowns that lead to the suspension, cancellation, or interruption of the Website’s service while the service is being provided or previously.
3. Content and services linked through the Website
The Website may include technical links, directories, and even search engines allowing the User to access other websites and portals on the internet (hereinafter, the “Linked Websites”). In these cases, DRYCE will only be responsible for contents and services provided on the Linked Websites to the extent that it has effective knowledge of their illegality and has not disabled the link with due diligence. If the User considers that there is a Linked Website with illegal or inappropriate content, they may notify DRYCE; and DRYCE will review the lawfulnes of the link.
The existence of Linked Websites should under no circumstances be taken to imply the existence of agreements between DRYCE and the owners or persons responsible for such websites, nor DRYCE’s recommendation of, promotion of, or agreement with the statements, content, or services provided by such Linked Websites.
Unless expressly stated otherwise on the Website, DRYCE is unaware may not be aware of the full content and updates of the contents and services on the Linked Websites. Therefore, it is not liable for any damage that may be caused by the unlawfulness, quality, out-of-date nature, unavailability, error, and uselessness of the contents and/or services on the Linked Websites, including any other damage that is not directly attributable to DRYCE.
4. Intellectual and industrial property
All of the contents of the Website, including but not limited to the texts, documents, photographs, graphics, images, icons, technology, software, links, and any other audiovisual or audio content, as well as their graphic design and source code, may beare the intellectual property of DRYCE or third parties. None of the use rights for such intellectual property, recognized by current intellectual property law, may be deemed to have been assigned to the User.
The User declares that they are the sole author of all photographs, images, texts, and/or comments (hereinafter, “the Contents”) that they publish on or send through the Website. The User declares that the use of these by DRYCE does not infringe the rights of any third party. Regarding these Contents, the User freely assigns to DRYCE the rights of public disclosure, reproduction, distribution, and transformation, in all forms of use existing up to the date of acceptance of this Legal Notice. Such assignment applies worldwide and for the time period comprising the entire life of the User plus seventy years after their death or declaration of death.
The trademarks, trade names, or distinctive marks published on the Website are the property of DRYCE or third parties (unless otherwise stated on the Website), and no rights to these may be deemed to have been attributed to the User.
5. Annulment and invalidity of Clauses
If any clause included in this Legal Notice is declared to be null and void or invalid, in whole or in part, such annulment or invalidity will only affect that provision or the part thereof that is rendered null and void or invalid, the Legal Notice will remain valid in all other respects, and such provision will be deemed to not be included, in whole or in part.
6. Applicable law and competent jurisdiction
This Legal Notice will be governed by and construed in accordance with the laws of Italy. In the event of a dispute between DRYCE and the User, the courts of the city of Madrid will have jurisdiction, unless applicable law necessarily provides otherwise.
WHAT DATA DO WE COLLECT?
________________________________________
By using our services, you accept that our company collects some of your personal data. This page aims to inform you on what data we collect, why and how we use them.
In general we are dealing with two types of data:
- data provided by the user
- data that we automatically collect Data provided by the user If you are a private individual
- Name
- Telephone number
- Mobile phone number
- Company name
- VAT number
- Contact Name
- Email address
- Telephone number
- Professional category
- Full address
- obtain from the owner, at any time, information about the existence of personal data, the origin of the same, the purposes and methods of treatment and, if present, to obtain access to personal data and information referred to in Article 15 of the GDPR
- request the updating, rectification, integration, deletion, limitation of data processing if one of the conditions provided for in Article 18 of the GDPR occurs, the transformation into anonymous form or blocking of personal data, treated in violation of the law, including those that do not need to be kept for the purposes for which the data were collected and / or subsequently processed
- oppose, in whole or in part, for legitimate reasons, to the processing of data, even if pertinent to the purpose of collection and processing of personal data provided for commercial information purposes or sending advertising or direct sales material or for the fulfillment of market research or commercial communication. Each user also has the right to revoke the consent at any time without prejudice to the lawfulness of the treatment based on the consent given prior to the revocation.
- to receive personal data, provided knowingly and actively or through the use of the service, in a structured format, commonly used and readable by automatic device, and to transmit them to another data controller without hindrance
- propose a complaint to the Italian Data Protection Authority in Italy We remind you that for any question or request related to your personal data and to respect your privacy you can write to the dedicated address info@dryce.it
- Users of the services of www.dryce.it who interact with each other exclusively for the purchase and sale of their goods or services
- Users who contact the www.dryce.it for assistance and customer care related to the service We may verify the content of the Messages in order to moderate the same for security purposes and to preserve the netiquette and the publishing rules of Dryce SrlThe use of the Messages service implies the possibility that the user's identity (as indicated in the act) the registration / provision of the services of www.dryce.it) and related contents are made known during the activity sessions.
If you are a private individual, when you register or fill out a form, we ask you to provide us with some information you need to take advantage of our service.
These are the data we ask for you:
Third party data
If you provide personal data of third parties, such as those of your family or friends, you must be sure that these subjects have been adequately informed and have consented to the related processing in the manner described by this statement.
If you are a professional or a company
If you are a professional, when you create a professional account you are asked to provide some data:
Data that we automatically collect
________________________________________
We collect the following data using the services you use:
technical data: eg IP address, browser type, information on your computer, data on the current (approximate) position of the instrument you are using;
data collected using cookies or similar technologies: for more information, please visit the section " Cookie Policy ".
We use the collected data to offer you the best of our service every day, to inform you about our commercial offers or to offer a service more in line with your interests.
To guarantee you access to our services and improve the delivery of it
We use your information to guarantee you access to our services and their provision, including:
registration and creation of the reserved area
use of "favorite" features
communications related to the provision of the service messaging between users (Messages)
contact via the Chat feature review, moderation or removal of contents,
activities of an administrative, financial or accounting nature, such as those relating to purchases of paid services
These treatments are necessary to properly deliver our services to users who join
We also use your data to improve and implement the service, through the following treatments:
detection of your current position (approximate) to facilitate the use of some functions of the service communications related to services and offers similar to those used by you market research, optional surveys and surveys of the degree of satisfaction of users
These treatments are based on the legitimate interest of the owner and you can oppose at any time.
To inform you about our business activities
________________________________________
We use the data collected, if you have expressly provided your consent, to inform you about promotional activities that may interest you In particular we use them for:
communicate promotional, commercial and advertising activities on events, initiatives or partnerships of Dryce Srl, by e-mail, SMS or push notifications; only if you are a professional, for telephone calls through an operator, a customer care service consisting in the offer of dedicated services at the sales and after-sales premises.
carry out analysis and reporting activities related to promotional communication systems, such as the detection of the number of open emails, clicks made on links within the communication, the type of device used to read the communication and the relative operating system or the list of unsubscriptions to the newsletter.
To offer you a personalized service
________________________________________
We process the data collected, if you have expressly provided your consent, to analyze your habits or consumption choices in order to propose an increasingly personalized service and in line with your interests and to improve our commercial offer. These analyzes are not in any case related to an automated decision-making process.
IS YOUR DATA REQUIRED?
______ 2272/5000 __________________________________
The provision of personal data is mandatory only for the processing necessary for the provision of services offered by Dryce Srl (any refusal for the purpose of providing the service makes it impossible to use the service); it is optional for promotional and profiling purposes and any refusal to give consent does not have negative consequences on the provision of the service offered within the site and related applications.
WHO ARE THE SUBJECTS OF THE TREATMENT?
________________________________________
Data controller
The data controller is Dryce Srl in person of its legal representative pro-tempore, with registered office located in Via Aosta 5, Cernusco sul Naviglio 20063, Italy
The data controller uses data controllers to achieve the specified purposes to ensure protection of personal data.
________________________________________
Contact information
The person in charge of personal data protection pursuant to art. 37 of the GDPR is Dryce Srl.
We remind you that you can contact the company at any time and send any question or request concerning your personal data and respect your privacy by writing to info@dryce.it
________________________________________
Subjects to whom personal data may be disclosed
The data collected as part of the provision of the service can be communicated to:
companies that perform functions strictly connected and instrumental to the operations - even technical - of the services of Dryce, such as suppliers that provide services for the review and verification of ads, providers of direct marketing services and customer care, companies that provide archiving, administrative, payment and invoicing services, associated companies and / or companies belonging to Dryce Srl that supply technical components for the provision of some service features, bodies and administrative and judicial authorities by virtue of legal obligations
Your personal data may be transferred outside the European Union to be processed by some of our service providers. In this case, we make sure that this transfer takes place in compliance with current legislation and that an adequate level of personal data protection is guaranteed based on an adequacy decision, on standard clauses defined by the European Commission or on Binding Corporate Rules. In no case do we transfer or sell personal data to third parties.
HOW CAN I HAVE INFORMATION ABOUT DATA, DELETE THEM OR HAVE A COPY?
To get information on the data, export it or request its cancellation, you can send a request to the e-mail address from the e-mail box with which you registered. Your personal data will be exported within 30 days or, in case the export becomes particularly complex, within three months.
The cancellation will be made within the expected technical times and in accordance with the explicit retention period.
Anyone who uses our service can:
Obtain from the owner, at any time, information about the existence of personal data, the origin of the same, the purposes and methods of treatment and, if any, to provide access to personal data and information referred to in Article 15 of the GDPR. Request updating, rectification, integration, deletion, limitation of data processing if one of the conditions provided for in Article 18 of the GDPR occurs, the transformation into anonymous form or blocking of personal data, processed in violation by law, including those that do not need to be kept for the purposes for which the data were collected and / or subsequently processed. To oppose, in whole or in part, for legitimate reasons, to the processing of data, even if pertinent to the purpose of the collection and processing of personal data provided for the purposes of commercial information or sending advertising material or direct selling or for the performance of market research or commercial communication. Each user also has the right to withdraw the consent at any time without prejudice to the lawfulness of the treatment based on the consent given before the revocation receive personal data, provided knowingly and actively or through the use of the service, in a structured format, commonly used and readable by automatic device, and transmit them to another data controller without impediments to lodge a complaint with the Italian Data Protection Authority in Italy
We remind you that for any question or request related to your personal data and to respect your privacy you can write to the dedicated address info@dryce.it
Exercise your rights
Any natural person who uses our service can:
HOW MANY TIME AND HOW DO YOUR DATA WILL BE PRESERVED?
The retention of personal data will take place in paper and / or electronic / IT format and for the time strictly necessary to fulfill the purposes referred to in point 1, in compliance with your privacy and current regulations.
In the case of active users and user-generated content will be stored for 36 months for reasons of security, prevention and moderation of content and / or conduct contrary to the conditions of the service and the rules of Dryce Srl in order to ensure a better quality of the same also in collaboration with the Authorities. For purposes of analysis directed to the development and improvement of the service, the personal data of the user may be subject to the same retention period.
For direct marketing and profiling purposes we keep your data for a maximum period equal to that foreseen by the applicable legislation (respectively equal to 24 and 12 months).
Invoices, accounting documents and transaction data are stored for 11 years under the law (including tax obligations).
In the case of the exercise of the right to be forgotten through the request for explicit cancellation of personal data processed by the owner, we remind you that such data will be kept, in a protected form and with restricted access, only for purposes of ascertainment and repression of crimes. no more than 12 months from the date of the request and will subsequently be securely deleted or anonymised irreversibly.
Finally, we remind you that for the same purposes, the data relating to electronic traffic, excluding the contents of communications, will be kept for a period of no more than 6 years from the date of communication, pursuant to art. 24 of the Law n. 167/2017, which implemented the EU Directive 2017/541 on anti-terrorism.
If you do not exercise any active action (for example navigation, searches and / or any other way of using the service) on www.dryce.it for a period of 27 months, you will be classified as an inactive user and your personal data will be deleted automatically.
HOW DO WE ASSURE THE PROTECTION OF YOUR DATA?
________________________________________
The data are collected by the subjects indicated above according to the indications of the relevant legislation, with particular regard to the security measures provided by the GDPR (Article 32) for their processing using computerized, manual and automated tools and with logic strictly related to the purposes indicated in point 1 and in any case in such a way as to guarantee the security and confidentiality of the data.
In compliance with applicable regulations, a system of anti-spam verification on the communication between users is active. The data entered may be verified for the sole purpose of identifying illegal activities or contents that do not comply with the General Conditions of the Service, but will not be processed or communicated for commercial or promotional purposes.
Messages and Chat
________________________________________
The Messages and Chat functions are respectively aimed at an immediate communication between:
We reserve the right to exclude from the Message service, and more generally from the services offered by www.dryce.it all those who do not comply with the rules and / or do not respect the purposes defined for the use of the Messages service, as well as all those who adopt incorrect and / or non-respectful behavior of people.
Polls
________________________________________
We may ask you, during navigation, the availability to participate in targeted surveys in order to know your opinion and the degree of satisfaction with regard to the services provided. These surveys can be carried out directly on www.dryce.it or through the Zendesk platform (here the privacy statement).
Within the surveys you can be asked, optionally, to provide an e-mail address in order to receive news and information on the services of www.dryce.it
We remind you that participation in surveys is completely optional and that you can always oppose this treatment.
Location
________________________________________
When you use the www.dryce.it applications and services with active location tracking, we may collect and process information about your current (approximate) location.
This data is processed anonymously, in a format that does not allow the user to be personally identified and used for the sole purpose of facilitating the use of some position-based service features. You can activate / deactivate location services at any time by accessing your browser and / or device settings as follows:
Safari
________________________________________
Desktop - go to "Preferences"> "Websites"> "Location" and remove Immediately from the
list Mobile - go to "Preferences"> "Privacy"> "Location" and disable the location for Safari
Chrome
________________________________________
Desktop
Open Chrome chrome: // settings / content / location and remove Immediately from the
list Mobile open Chrome and select "Site Settings"> "Location" and remove Immediately from the list
Firefox
________________________________________
Desktop and mobile
open Firefox and go to about: preferences # privacy, search for "Permission"> "Location"> "Settings" and remove Immediately from the list
Internet Explorer
________________________________________
Desktop
open Internet Explorer, click on the "gear" icon and select "Internet Options" in the privacy panel, in the Position item, click on the "Delete Sites" button.
Search Engines
________________________________________
The information relating to the advertisements posted on www.dryce.it will be visible in the searches made in the internal search engine and may be made available to third party search engines as it is allowed to index the contents by third party engines.
In the event that the page concerning the site / portal has already been removed from www.dryce.it it is possible that the cached copy will remain in the search results for a few days. The search results are not managed by www.dryce.it but the user can report the removal of the page and request the update of the cached copy directly to the third party search engine.
THE PRIVACY POLICY CAN HAVE CHANGES IN TIME?
________________________________________
This information may be subject to change. If substantial changes are made to the use of data on the user by the Owner, the latter will notify the user by publishing them with the maximum evidence on their pages or through alternative or similar means.
1. Nippon Gases Internal Whistleblowing System
The Nippon Gases Internal Whistleblowing System is the main channel for reporting possible irregularities that may involve violations regarding acts or conducts referring to the areas of application indicated in the Corporate Policy on the Internal Whistleblowing System of the Nippon Gases Group.
Reports may be submitted with identification of the reporting person or anonymously.
This channel allows the submission of reports through:
- EthicsPoint external platform accessible through https://secure.ethicspoint.eu/domain/media/eseu/gui/105848/index.html
- E-mail: compliance@nippongases.com
- Compliance hotline (the numbers for each country are published in EthicsPoint platform)
At the request of the reporting person, reports may also be submitted verbally by means of a face-to-face or videoconference systems.
All reports will be received by the European Chief Compliance Officer and the European Human Resources Director who are both members of a collegiate entity performing the duties of the Internal Whistleblowing System Manager and will hereinafter be referred to jointly as System Managers.
It is also possible to file a report by communicating it to one's supervisor, the local Compliance Champion, or the Human Resources function or the Legal -Department.
2. Stages of the procedure
2.1. Registration phase
Any report submitted to one of the aforementioned internal channels, in compliance with the principle of good faith, will be acknowledged within seven days of receipt.
The reporting person must provide the data he/she deems necessary. In case of choosing the EthicsPoint external platform, the reporting person must send the report by filling in the data collection form available.
2.2. Analysis phase
The reports received will be subject to an admissibility analysis. Excluded from the scope of the Internal Whistleblowing System are reports that:
- do not fall within the material scope of the Directive and/or do not relate to facts/conduct concerning violation of Nippon Gases Code of Conduct or irregularities that may involve violations of the internal regulations applicable to Nippon Gases Group companies;
- are based on mere rumors and/or are not based on specific facts;
- specifically concern the content of a file/document not accessible to the company and not provided in the communication.
Considering the above exclusions of inadmissibility, the person in charge will communicate the admission/ non-admission decision to the reporting person.
The analysis phase ends with the selection of the team/person responsible for the investigation, which will correspond to the local compliance department or to the person/s designated by the System Managers, depending on the object of the report.
In any case, the team/person responsible for the investigation will never be related to the facts under investigation, so as to avoid any conflict of interest. Nevertheless, if one of the person appointed to conduct the investigation has a conflict of interest in relation to the matters brought to his or her attention, he or she shall refrain from handling them.
2.3. Research phase
The investigation will be initiated as soon as possible.
The investigation will be carried out in accordance with the defined internal procedures, in compliance with the guarantees provided for in the Nippon Gases Europe Policy on the Internal Whistleblowing System and, in any case, guaranteeing for all persons concerned:
- respect for the presumption of innocence and honor, as well as the right to defense;
- the right to be heard at any time;
- the right to be informed about the actions or omissions attributed to him/her.
- the preservation of their identity and the confidentiality of the facts and data of the proceeding.
The investigation procedure may include:
- personal interviews with the reporting person to gather more information;
- personal interviews with the departments and/or persons directly or indirectly involved in the events/conduct that are potentially irregular, as identified by the individuals responsible for the investigation;
- data analysis and information gathering;
- request for expert evidence from internal or external professionals;
- other investigative or evidentiary steps that are considered relevant and are the least burdensome possible in relation to the legal position of the person concerned.
2.4. Resolution phase
The System Managers shall make an assessment of the facts/conduct that is the object of the report, based on the investigation conducted, and shall communicate their findings to the parties concerned as soon as possible.
In the event of non-compliance by an employee, the System Managers will forward the file to the Human Resources Department for appropriate action to be taken.
The resolution period may not exceed three months from receipt of the communication or, if no acknowledgement of receipt was sent to the reporting person, three months from the expiration of the seven-day period after the communication was made, except in cases of particular complexity requiring an extension of the period, in which case, the period may be extended up to a maximum of three additional months.
3. Protection of personal data
The Internal Whistleblowing System is designed, established and managed in a secure manner, so as to guarantee the confidentiality of the persons involved in the reports and the actions carried out in the management and processing of these, as well as data protection.
Personal data will not be collected if it is manifestly not relevant to the processing of specific information or, if collected by accident, will be deleted without undue delay.
Personal data relating to the information received and to the internal investigations referred to in the preceding paragraph shall only be kept for such period as is necessary in accordance with applicable law.
4. Protective measures
The reporting persons shall be entitled to protection provided that none of the exclusions set forth in section 2.2 apply and provided that the following circumstances are met:
- he/she have reasonable grounds to believe that the information referred to is truthful, even if they do not provide conclusive evidence, and the said information falls within the scope of the Internal Whistleblowing System.
- the report has been made in accordance with the requirements set forth in the Corporate Policy on the Internal Whistleblowing System and in this Procedure.
Persons who have communicated information about actions or omissions anonymously, but who have subsequently been identified, are also entitled to protection.
Nippon Gases Group expressly prohibits acts constituting retaliation, including threats of retaliation and attempts to retaliate against persons who file a report that complies with the requirements of the Corporate Policy on the Internal Whistleblowing System and applicable law.
The good faith of the reporting person is a prerequisite for his/her protection. The legislation in this area excludes from protection persons who have knowingly submitted false or misleading information, as well as those who have obtained it unlawfully.
1Retaliation means any acts or omissions that are prohibited by law, or that directly or indirectly involve unfavorable treatment that places the persons suffering them at a particular disadvantage compared to another in the employment or professional context, solely because of their status as whistleblowers, or because they have made a public disclosure. Among others, the following are considered retaliation for the purposes of the Directive: suspension of the employment contract, dismissal or termination of the employment relationship, demotion or denial of promotion, intimidation, harassment, discrimination, or unfavorable or unfair treatment.
2The full document is available here