WHISTLEBLOWING REPORTING PROCEDURE

ORPEA Group, a Limited Company registered under the number 401 251 566, is responsible for processing of personal data provided on the alert platform and of those further collected in the framework of this whistleblowing procedure. Personal data processing only aims at treating your report. The whistleblowing tool is optional. It allows you to report any alert following the procedure described below. You can also report alerts by any other means put at your disposal by the Group, with no retaliation.  

• TYPES OF AUTHORIZED REPORTINGS

  You can report facts you have personally known of or that you have witnessed and related to: 

• Misconducts or situations that are contrary to the Group’s Code of Conduct and regarding in particular:
• Conflict of interests;
• Corruption;
• Influence peddling;
• Discrimination or harassment. 
• Misconducts regarding:
• A crime or an offence;
• A serious and clear breach of an International commitment ratified by France;
• A serious and clear breach of a unilateral act of an International Organization;
• A serious and clear breach of the Law or a Regulation;
• A threat or a serious damage for the general interest. 
• Violation of the obligations defined by the regulations.  NB: The following topics are excluded from the scope of this reporting procedure:
• The Medical secrecy
• The National Defence secrecy
• Professional confidentiality between a lawyer and his client.  
• PROCEDURE TO REPORT AN ALERT TO THE REFERENTS APPOINTED BY THE COMPANY

 You shall report your alert through this platform to the referents appointed by the Company. The referents are the only recipients of the information you will provide, as far as these data are necessary for them to fulfill their mission. The referents are respectively Elena Zara Headquarter Manager and Simona Sinito, Assistant to the CEO Cluster New Countries.      

• CONTENT OF AN INTERNAL ALERT  
• You shall only report data which are relevant, adequate and directly linked to the scope of the whistleblowing procedure:
• No value judgment or biased comment on people’s behavior shall be considered;
• You shall report facts of which you have personal knowledge, in good faith, clearly and succinctly. 
• You shall only fulfill the following data when reporting your alert:
• Your identity, functions and contact details;
• The identity, the function of the individual(s) on whom the alert is made;
• The reported facts;
• The relevant documents, if any (file, picture or any other useful evidence) to support your alert. 
• Confidentiality shall be guaranteed all along the treatment of your reporting. In rare cases, your identity shall be revealed to the Judicial Authority, but shall be subject to your prior consent. 
• Exceptionally, you can file report anonymously, being specified that:
• Shall not be considered and shall be immediately rejected, any anonymous reporting not stating serious facts and/or not detailing enough the facts;
• If facts are serious and detailed enough, the reported alert shall be dealt with but its instruction will be longer and less effective, as the interaction between you and the referent in charge of its treatment shall be more complex.  
• TREATMENT OF THE ALERTS 

The referents appointed by the Group are the only recipients of the reported alert. Once your alert is made, several steps follow each other:

• You get a unique identification number to interact with the referent who has received your reporting; 
• Depending on the nature of the alert and the field concerned, the referent may ask you for further information; 
• In a first stage, called «checking» stage, the referent proceeds to a preliminary assessment to determine whether or not your reporting fall within the scope of the present procedure. When it is obvious that the reported alert is out of the scope of this procedure, it shall be immediately destroyed and the referent shall inform you accordingly. Any reporting which has no serious character, which is made in bad faith, which is an abusive or even slanderous denunciation, shall be destroyed after an internal investigation. The referent shall inform you afterwards. If your alert is admissible, the referent shall inform you as well; The referent shall take any useful measures to handle the professional alert, like initiating an investigation, if that’s necessary. This investigation shall be run either by a small internal team or, if needed, by external third parties. The internal team consists of Group’s employees with the necessary expertise to fulfill these missions and bound by a duty of strict confidentiality. The external third parties are whether specialized in running such kind of investigations or skillful in fields related to the investigation (e.g. IT, legal, financial, accounting fields).
• In such a case, these third parties shall be contractually bound not to use data in diverted purposes, to assure their confidentiality, to respect their retention period and to proceed to the destruction or the return of all manual or computerized personal data supports at the end of their mission. The referent will take all relevant precautions to forward the only data necessary to third parties so that they can fulfill their respective missions (any employee within the Group or any external third party involved in the checking stage or in the treatment of the professional alert). Any information gathered and processed in the framework of the reporting procedure and that might identify you as a whistleblower, will be kept confidential. However, if necessary, these information shall be revealed to judicial bodies with your prior consent. 
• The referent shall also inform you of the final closing of the procedure. Please be aware that you will only be associated to the investigation process at the facts checking stage. The investigation progress, its contents, its outcome, and the subsequent report are strictly confidential, including towards you. Indeed, we are committed to guarantee perfect confidentiality all along the treatment of your alert. Likewise, we devote the same care to preserving the confidentiality of the action plans and measures implemented.  
• INFORMATION FOR PEOPLE CONCERNED BY LAW

 General information for the Whistleblower :

• Using the whistleblowing tool in good faith, even if the facts subsequently prove to be inaccurate or give raise to no action shall not expose you to any disciplinary measure;
• On the contrary, if the whistleblowing tool is not properly used and if the reported facts are deliberately false, that may result in legal action if necessary.  Particular information for the individual on whom the reporting is made
• The individual on whom the reporting is made shall be informed as soon as his data are recorded to allow him to oppose to their processing;
• In case measures must be taken to prevent a potential destruction of evidence related to the reporting, the individual targeted shall only be informed after the implementation of such measures.  
• DATA PROCESSING AND RETENTION PERIOD  

The following personal data, gathered in the course of the reporting process, are handled confidentially:

• Your identity (unless you have decided to report anonymously);
• Your functions and contact details;
• The reported facts;
• The information gathered in the course of the related investigation process;
• The investigation operations report, together with information concerning the follow-up to the alert The procedure concerning the data retention period is the following:
• Data concerning any received alert which fall out of the scope of the procedure, shall be immediately destroyed after anonymization;
• Data concerning an alert will be destroyed after anonymization within two months from the end of the investigation process, if the alert is not followed by legal proceedings or disciplinary measures;
• Data relating to an alert shall be retained until the definitive closing of the procedure, if there is any disciplinary or legal proceedings brought against the individual on whom the alert is made or against the author of an abusive alert. You shall have at any time:
• A right of access, rectification, erasure as well as a right to the post-mortem management of your data. You shall also object to the processing of your data, provided that this is based on legitimate grounds. According to the General Data Protection Regulation (Regulation EC n° 2016/679 of 27 April 2016), you benefit, as of 25 May 2018, from a right to data portability on an electronic form and from a right to restrict to the processing of your personal data.
• You may exercise your rights by sending your request to the following address:
• ORPEA ITALIA S.p.A. - (Francesca D’Alessandro (DPO) – PRIVACY, via Carlo Angela 1, 10077 San Maurizio Canavese (TO)
• Or by e-mail : dpo-it@orpea.it
• You must sign your requests for access rights and attach any proof of identity together with the necessary information to enable us to answer back.
• You may also file a complaint to a supervisory Authority. If you need further information, please visit the CNIL website.  
• A GRADUATED REPORTING PROCEDURE  
• To benefit from the protection of the law you shall have to comply with the three-graduated reporting procedure as follows:
• Your alert is communicated to the referent(s) appointed by the company. Upon the receipt of your alert, the referent(s) has to check its admissibility within two months. If the referent(s) remains silent and does not come back to you to confirm the admissibility or not of your alert (if you have decided to report anonymously, it is up to you to return to the alert platform, with your unique identification number to follow the treatment of your reporting), you can move on to the second step below; 
• Your report may be sent to the Judicial Authority (e.g. Judge, Prosecutor) or to the Administrative bodies (e.g. Prefect, Inspections, Regional Health Agencies, French Anti-corruption Agency). These Authorities have a delay of three months to answer back. If they do not answer, then you can proceed with the third step below; 
• Your reporting may be made public. However, in case of imminent and serious danger or if there is a risk of irreversible damage, your reporting can be directly forwarded to bodies mentioned in the 2nd step above or be made public. To tell or testify in bad faith with the intention of causing damage or with the knowledge that the facts made public or disseminated are partially inaccurate (that it is about facts related to a situation of conflicts of interests or about any fact liable to lead to disciplinary measures) may subject you to criminal and disciplinary measures. Failure to comply with the graduated procedure described above and if the disclosure of information was not necessary and not proportioned to safeguarding the interests involved, you couldn’t claim to benefit from the protection granted to the whistleblowers. The Law allows you to send your reporting to the Defender of Rights who may direct you to the competent body to receive it. This procedure is particular and fall out of the scope of the graduated reporting procedure as described above. NB: Not being informed by the referent of the measures implemented following your reporting, although you have been notified its admissibility, does not mean any lack of treatment. The confidentiality of the implemented measures is guaranteed in the same way as the contents of the reporting and the information provided.