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Policy for the Management of the Ethical Channel

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1. Introduction

The ethical channel of EXPLOTACIONES AGRICOLAS HNOS CHUMBOS, S.L., also known as the Internal Information System, has been developed and implemented in accordance with and application of the provisions of Law 2/2023, of February 20, regulating the protection of persons who report regulatory violations and the fight against corruption.

For our Company it is of maximum importance to provide an adequate response to any regulatory non-compliance that is reported or about which we have knowledge, as well as to collaborate in the monitoring of compliance with the set of applicable rules to our Organization and its members.

Ethical channels are, therefore, a confidential and transparent means of communication for members of the Company and other interested parties to report any behaviors that may lead to irregularities or acts contrary to legality or our internal regulations.

It is a duty of all employees, executives, and administrators to report any suspected irregularities or acts contrary to legality or internal rules about which they have knowledge. Only in this way will it be possible for any suspicion or doubt about irregularities to be verified and, if necessary, appropriate measures to be taken to repair their consequences and prevent such irregularities from recurring in the future; improving this way the professional, social, ethical environment and commitment to compliance with laws and internal regulations of the Company.

All those who are part of our Company will be aware of this tool, as well as the protection measures for informants that the company applies.

2. Legal framework

This policy regulates the authorization and availability of the Ethical Channel, also known as the Internal Information System, as well as the regime of rights, duties, guarantees, terms, and conditions of access and use by its users.

This channel has been developed and implemented in accordance with Law 2/2023, of February 20, regulating the protection of persons who report regulatory violations and the fight against corruption, and Directive (EU) 2019/1937 of the European Parliament and of the Council of October 23, 2019, on the protection of persons who report breaches of Union law.

EXPLOTACIONES AGRICOLAS HNOS CHUMBOS, S.L. reserves the right to modify the presentation, configuration, operation, and content of the Ethical Channel, as well as this Policy.

3. Subjective scope

The Ethical Channel, also called the Internal Information System, is aimed at all professionals of EXPLOTACIONES AGRICOLAS HNOS CHUMBOS, S.L., who have or may have knowledge of an irregularity committed by any worker, manager, or administrator.

Who should use the Ethical Channel?

Any of the persons listed in Article 3 of Law 2/2023, of February 20, regulating the protection of persons who report regulatory violations and the fight against corruption.

4. Objective scope

The behaviors that may be subject to a report through our Internal Information System are those set out in Article 2.1 of Law 2/2023, of February 20:

  • Any actions or omissions that may constitute violations of European Union Law.
  • Actions or omissions that may constitute a serious or very serious criminal or administrative offense.
  • Any conduct contrary to and/or non-compliance with procedures, protocols, policies, and/or internal rules.

5. Acceptance of the policy and conditions of use of the ethical channel

Access to and/or use of the Ethical Channel implies full and unreserved acceptance of this Policy.

EXPLOTACIONES AGRICOLAS HNOS CHUMBOS, S.L. shall be considered responsible for the implementation of the System or Ethical Channel, after consultation with the legal representation of the workers, and has the status of data controller in accordance with the provisions of the regulations on personal data protection, being able to delegate its management and reserving the power of interpretation in case of doubt or discrepancy in its use.

Furthermore, on June 16, 2023, the companies signed a Joint Responsibility Agreement regarding the protection of personal data.

6. Protection measures for the whistleblower/informant

The following principles and guarantees will be applied in the procedures for receiving, managing, and processing reports and/or communications, as well as in the internal investigations derived from them:

6.1. Prohibition of retaliation

Those persons who file any type of report as provided herein and in good faith are protected against any type of retaliation, discrimination, and penalty based on the report submitted. The Company will sanction any type of retaliation against any good-faith whistleblower, understanding retaliation as, among others:

  1. Suspension of the employment contract, dismissal, or termination of the employment relationship, including non-renewal or early termination of a temporary employment contract after passing the probationary period.
  2. Termination or cancellation of contracts for goods or services.
  3. Imposition of any disciplinary measure, demotion, or denial of promotions and any other substantial modification of working conditions.
  4. Failure to convert a temporary contract into an indefinite one if the worker had legitimate expectations.
  5. Economic damage or loss, coercion, intimidation, harassment, or ostracism.
  6. Negative evaluation or references regarding work or professional performance.
  7. Inclusion in blacklists that hinder or prevent access to employment or the contracting of works or services.
  8. Denial or cancellation of a license or permit.
  9. Denial of training.
  10. Discrimination or unfavorable or unfair treatment.

Anyone who believes that retaliation has been taken against them as a result of having submitted a report/communication may inform the Compliance Officer, who will study the case and take appropriate measures to prevent or, if necessary, correct it.

The prohibition of retaliation provided for in the preceding paragraphs shall not prevent the adoption of appropriate disciplinary measures when the internal investigation determines that the report is false and that the person who made it was aware of its falsehood, having acted in bad faith.

6.2. Confidentiality

The Person Responsible for the System will observe the strictest secrecy regarding the identity of whistleblowers and reported persons when they have knowledge of such identities.

Communications necessary for the performance of the functions provided for in this Policy or by requirement of the judicial authorities are exempted.

In the event that any external advisor participates in the investigation of the facts, they will be subject to the same obligation of confidentiality and professional secrecy.

6.3. Anonymity

With the implemented Internal Information System, whistleblowers are assured the possibility of making anonymous reports since the report form to be filled out only contains "Facts being reported" and the acceptance of both this Policy and the data protection clause of the channel as mandatory fields.

6.4. Speed

Unjustified delays in the development of the investigation process and until the resolution of the report will be avoided.

6.5. Measures for conflict of interest situations

In the event that the reported facts directly affect the System Manager or the Compliance Officer, or in any way generate a conflict of interest for any of these persons, the affected person must refrain from intervening in the processing and management procedure of the report.

It will be understood that a conflict of interest exists in those cases where the private interests of any of these persons may limit their ability to carry out the processing and investigation of reports with due objectivity, neutrality, and impartiality.

As a consequence of the above, if the whistleblower suspects that the facts could involve a situation of conflict of interest, they must communicate it to the Company Management and, once the existence of said conflict is verified, the processing and investigation of the report will be entrusted to an external expert.

7. General rules

7.1. The Internal Information System or Whistleblowing Channel is an essential element of the Criminal Compliance Management System. The purpose is to identify possible non-compliance and to be able to act with speed and effectiveness.

7.2. Duty to report: All natural and legal persons included within the subjective scope of the System have the obligation to inform about the existence of possible non-compliance, criminal offenses, administrative infractions, or prohibited behaviors of which they have knowledge.

7.3. Protection for informants: the person who reports any non-compliance, criminal offense, administrative infraction, or prohibited conduct is covered by the provisions of Law 2/2023, of February 20, regulating the protection of persons who report regulatory violations and the fight against corruption.

8. Information on external channels

In accordance with the provisions of Art. 9.2.b) of Law 2/2023, of February 20, it is reported that there are external channels to which the informant can turn either directly or after communication through this Internal Channel:

  • External Channel of the Independent Authority for the Protection of Informants: currently pending activation.
  • External Whistleblowing Channel of the Andalusian Anti-Fraud and Corruption Office: buzon.antifraudeandalucia.es

9. Management and processing procedure for reports

9.1. Channel management

The management of the ethical channel corresponds to the System Manager; this function may be outsourced to a natural or legal person specialized in the management of whistleblowing channels. The channel manager must assume the following functions:

  • Reception, verification, and processing of received communications.
  • Management and maintenance of the archive of cases received and files generated.
  • Review and control of the operation of the Ethical Channel.
  • Preparation of an annual report on the management of the ethical channel.
  • Periodic update of the procedure.

9.2. Reception of reports

Reports/communications can be submitted through the following channels:

9.3. Processing of reports received

The processing of reports/communications received must always be carried out respecting the following phases:

  1. Reception of the communication.
  2. Preliminary analysis.
  3. Admission for processing.
  4. Registration.
  5. Acknowledgment of receipt.
  6. Investigation or verification of facts.
  7. Resolution and proposal for action.
  8. Transfer of the resolution and proposal for action to Management.
  9. Communication of the resolution to the affected parties.
  10. Preparation of the case closure report.

9.4. Reception of the communication

Once the communication is received, the System Manager will act based on its content:

  • If the content is an inquiry, the System Manager will respond as soon as possible through the same channel used for communication.
  • If the content suggests the possibility that non-compliance has occurred or may occur, said communication will be treated as a report and will undergo preliminary analysis to determine its acceptance and registration or rejection.

9.5. Preliminary analysis

Every communication referring to a possible non-compliance must be subject to a preliminary analysis by the System Manager to decide on its possible admission and registration or rejection. The Manager will document the reasons through a file that may contain:

  • Descriptive name of the report, with the assignment of a reference number and date of receipt.
  • List of data and documents provided.
  • Analysis of the information and documentation submitted.
  • Assessment of the content of the report and the reliability of the whistleblower.
  • Decision on its admission for processing.
  • Exceptional measures adopted for reasons of urgency.

9.6. Admission for processing

Reports must contain at least the reported facts or behaviors for admission. The lack of identification of the whistleblower will not be sufficient to rule out the processing of a report.

No report will be processed in which it is clear that the action in question does not constitute conduct that may involve the commission of any irregularity or any act contrary to the legality or internal rules of the Company.

9.7. Registration

Reports admitted for processing will be registered with a unique reference number that anonymizes their content.

9.8. Acknowledgment of receipt

Once the report has been preliminarily analyzed, if the whistleblower has been identified, an acknowledgment of receipt will be sent with any of the following information:

  • If the report is considered irrelevant or inadmissible, a communication will be sent informing them of this.
  • If applicable, they will be informed of the transfer of their communication to other channels for the processing of complaints or claims of another nature.
  • When the report is relevant but its content is insufficient, a notification will be sent requesting the necessary additional information.
  • When the report is relevant and the information is sufficient, a notification will be sent informing of the start of the investigation.
  • In any case, the whistleblower will be informed of their right to submit the report through external channels.

The period for acknowledging receipt may not exceed seven calendar days, unless there is a justified and reasoned cause in writing.

9.9. Investigation

The System Manager must present the content of the report affecting the reported person to them, providing the opportunity to state and prove their position. During the investigation, the following actions may be carried out:

  • Request for clarification or additional information from the whistleblower.
  • Verification of the veracity and accuracy of the communication, respecting the rights of those affected.
  • Interview with the reported person, informing them of the content of the communication so they can present their version and provide evidence. Written minutes signed by the participants will be drawn up for all interviews.
  • Expert reports from internal or external professionals.
  • Access to documents related to the reported fact, in accordance with the rules established for this purpose.
  • Other actions deemed necessary during processing.

9.10. Resolution and proposal for action

Once the investigation process is concluded, the System Manager will write a report and a proposal for resolution, which must be ratified by Management. The resolution document must contain at least:

  • Description of the reported case.
  • Actions carried out during the investigation and relevant documentation analyzed.
  • Results obtained in the investigation.
  • Assessment or classification of the accredited and verified facts.
  • Proposal to Management, if applicable, of corrective measures.

The procedure must be completed in the shortest possible time, not exceeding three months, unless the nature of the matter under investigation requires otherwise.

9.11. Communication of the resolution to the affected parties

The System Manager will communicate in writing the completion of the investigation to the whistleblower and the reported person, indicating whether or not a breach of applicable regulations has occurred.

9.12. Closing of the file

A record without personal data will be created from the communications received, classification, and resolution to undertake the corresponding studies and reports. The System Manager will periodically report to Management on the communications received, their management, and resolution.

10. Personal data protection

The objective of this clause is to inform communicants about the data processing that will be carried out for the management and processing of reports. Personal data collected within the framework of this System:

  • Will be limited to those strictly and objectively necessary to process reports and verify the reality of the reported facts.
  • Will be processed at all times in accordance with data protection regulations, for legitimate and specific purposes related to the investigation.
  • Will not be used for incompatible purposes.
  • Will be adequate and not excessive in relation to the aforementioned purposes.

Personal data relating to information received and internal investigations will only be kept for the period that is necessary and proportionate. In no case may they be kept for a period exceeding 10 years.

In any case, three months after the receipt of the communication without investigation actions having been initiated, they will be deleted, unless the purpose of conservation is to provide evidence of the operation of the system.

Legal Basis: The legitimacy for data processing is based on the legal obligation applicable to the data controller, by virtue of the provisions of Article 6.1.c) of Regulation (EU) 2016/679, Organic Law 3/2018, of December 5, and Organic Law 7/2021, of May 26.

Exercise of rights: Users may exercise their rights of access, rectification, deletion, limitation, opposition, and portability by contacting:

In addition, you can contact the Spanish Data Protection Agency (www.aepd.es) for additional information or to file a complaint. Remember to attach a copy of a document that allows for your identification.