Reporting Portal
Pedrosa & Irmãos, Lda. is governed by the highest ethical standards, always with honesty and integrity.
Even with all the prevention and operational control mechanisms and constant updates to best practices, no organization is entirely immune to the possibility of illicit activities which, if not detected in time, can cause serious harm, not only to the institution itself and the people involved, but also to the public interest.
This occurs, in particular, with behaviors that can compromise the environment, public safety and consumer rights, that jeopardize the protection of people's privacy and network security, that involve the misuse of public funds, money laundering practices or violent and organized crime.
Often, those who work in organizations or maintain professional ties with them are the first to notice illicit activities or, at least, to suspect this possibility.
It is essential that these people are able to report this type of situation without fearing any kind of reprisal.
To achieve this objective and comply with Law No. 93/2021 of December 20, Pedrosa&Irmãos, Lda has created an internal whistleblowing channel, encouraging anyone aware of irregularities in their professional relationship with any entity or institution to report situations that might otherwise go unnoticed.
Pedrosa&Irmãos, Lda is committed to ensuring the confidentiality of whistleblowers' identities, investigating any acts of retaliation, investigating all complaints received, and acting diligently to resolve any identified irregularities.
When submitting a complaint, you may identify yourself or remain anonymous.
Pedrosa&Irmãos, Lda requests that you identify yourself to facilitate the investigation, guaranteeing that, even if you do so, your confidentiality and that of any third parties mentioned in the complaint will be preserved. Therefore, your identification, as well as that of the aforementioned third parties, will only be accessible to those responsible for receiving and monitoring the complaints.
If you prefer to remain anonymous, you should use a personal electronic device to file a complaint. You should access the complaint form directly, copying or typing the URL address from your internet browser instead of clicking on the link, and you should not share any information that could identify you at any point in the complaint form.
Whistleblowing Policy
1. Purpose – What is this Policy?
This Policy establishes the rules for the internal reporting channel for communicating and monitoring violations of European Union law or the commission of crimes within Pedrosa&Irmãos, Lda.
2. Scope of application – To whom does this Policy apply?
This Policy applies to all those who maintain professional relationships with Pedrosa&Irmãos, Lda and wish to report infringements of Union law or criminal practices.
3. Subjective scope of application – Who can be a whistleblower?
3.1. This Policy applies to any individual who has become aware of infringements in a professional context, namely:
a) Workers;
b) Service providers, contractors, subcontractors, suppliers, and any persons acting under their supervision or direction.;
c) Holders of equity interests;
d) Members of administrative/management, fiscal or supervisory bodies, including non-executive members;
e) Volunteers;
f) Interns.
3.2. This Policy applies to the individuals indicated in section 3.1, even if the information that gave rise to the complaint was obtained in the context of a terminated professional relationship, during recruitment or in a pre-contractual negotiation phase, and even if no professional relationship has been established with Pedrosa&Irmãos, Lda..
3.3. The internal reporting channel is not intended for submitting customer complaints or grievances..
4. Objective scope of application – What can be reported?
4.1. Any act or omission that goes against European Union law must be reported through the whistleblowing channel, in the following areas:
a) Public procurement;
b) Financial services, products and markets, and the prevention of money laundering and terrorist financing;
c) Product safety and compliance;
d) Transport security;
e) Environmental protection;
f) Radiation protection and nuclear safety;
g) Food safety for human and animal consumption, animal health and animal welfare;
h) Public health;
i) Consumer protection;
j) Protection of privacy and personal data, and security of the network and information systems.
4.2. Any act or omission that harms the financial interests of the European Union should also be reported through the whistleblowing portal.
4.3. Acts or omissions that violate domestic market rules, including competition and state aid regulations, as well as corporate tax rules, must also be reported through the internal whistleblowing portal.
4.4. Finally, behaviors that constitute violent crime, especially highly organized crime, as well as the following crimes, should be reported through the internal reporting channel:
a) Drug trafficking;
b) Terrorism, terrorist organizations, international terrorism and financing of terrorism;
c) Arms trafficking;
d) Influence peddling;
e) Undue receipt of advantage;
f) Active and passive corruption, including that practiced in the public and private sectors and in international trade, as well as in sports activity;
g) Embezzlement;
h) Economic participation in business;
i) Money laundering;
j) Criminal association;
k) Child pornography and pimping of minors;
l) Damage relating to computer programs or other computer data and computer sabotage, as well as illegitimate access to computer systems;
m) Trafficking in persons;
n) Counterfeiting, use and acquisition of counterfeit cards or other payment devices and related preparatory acts, acquisition of cards or other payment devices obtained through computer crime, damage relating to computer programs or other computer data and computer sabotage, and also illegitimate access to a computer system;
o) Pimping;
p) Smuggling;
q) Trafficking and tampering with stolen vehicles.
4.5. The internal reporting portal is not for reporting disciplinary infractions by employees of Pedrosa&Irmãos, Lda (unless they are related to the indicated areas), nor for reporting cases of harassment; these should be reported directly to management..
4.6. The internal complaint portal is not intended for submitting complaints related to the quality of services provided or products supplied by Pedrosa&Irmãos, Lda.
4.7. Complaints may involve offenses already committed, in progress at the time of the complaint, or that could reasonably be foreseen, as well as attempts to conceal such offenses.
5. The concept of a whistleblower – What is meant by whistleblower?
5.1. For the purposes of this Policy, a whistleblower shall be considered to be any person mentioned in 3.1 who reports an infringement within the scopes set out in 4.1, 4.2, 4.3 and 4.4, of which they became aware in the context of a professional relationship with Pedrosa&Irmãos, Lda.
5.2. Whistleblowers may choose to remain anonymous or identify themselves, as described in clause 9, with the confidentiality of their identity always ensured, as provided for in clause 13.
5.3. Pedrosa&Irmãos, Lda encourages whistleblowers to identify themselves to facilitate the analysis of the complaint and subsequent investigation.
6. Classified or confidential information – How to proceed in cases of professional secrecy?
When making a complaint, whistleblowers must consider the importance of protecting classified information, as well as respecting professional confidentiality and judicial secrecy.
7. Requirements for filing complaints – When should a complaint be filed?
7.1. Complaints should only be filed when complainants are acting in good faith and have solid grounds to believe that the information provided at the time of the complaint is true.
7.2. Filing a complaint in violation of point 7.1 may lead to disciplinary action against the complainant, if they are an employee of Pedrosa&Irmãos, Lda, and, in any situation, to civil liability for damages caused, and may also result in criminal liability if the conduct constitutes a crime.
8. Information about the reporting channel – How to get guidance before filing a complaint?
Before filing a complaint, anyone can receive confidential advice from the person in charge of the channel, and can contact them through any available means.
9. How to file a complaint – How to report?
9.1. Whenever possible, potential whistleblowers should report any violations they become aware of through the internal reporting channel.
9.2. The complaint must be submitted in writing on the platform provided for this purpose, accessible via the following link: https://www.pedrosairmaos.com/en/portal-denuncias
9.3. When making a complaint, the complainant must choose from the options presented the one that best suits the situation.
9.4. If the whistleblower wishes to remain anonymous, they should select that option on the form provided for submitting the complaint and refrain from including any element that could identify them in the body of the text.
9.5. All communication from the whistleblower, whether anonymous or identified, will be carried out through the Secure Mailbox available on the platform mentioned in point 9.2, which must be activated by the whistleblower at the time of submitting the complaint and consulted periodically to receive information relating to the complaint submitted.
9.6. If the whistleblower identifies themselves, the contact information collected will only be used to establish faster contact in urgent situations or in the absence of feedback through the Secure Mailbox.
10. Complaint content – What should be included in the complaint?
10.1. In the complaint filed, the complainant must:
a) Identify the nature of your relationship with Pedrosa&Irmãos, Lda to which you wish to report;
b) Identify the matter, from those listed in 4.1, 4.2, 4.3, 4.4, to which the complaint refers;
c) Describe as completely as possible the situation you wish to report, including details about the time, place and manner in which it occurred;
d) Report the observed or anticipated consequences of the reported situation;
e) Identify any evidence you are aware of and attach the relevant documentation;
10.2. When making an anonymous report, the whistleblower should avoid including any identifying information that could reveal their identity;
10.3. Even when the complaint is made by an identified person, the personal data of the complainant and the third parties involved included in the complaint should be limited to what is strictly necessary, namely their name, job title, and contact information.
10.4. All personal data provided that is not relevant to the processing of the complaint will be deleted.
11. Principle of precedence of the whistleblowing portal – Can complaints be made directly to public authorities?
11.1. Complaints covered by the scope of the internal whistleblowing portal must be made through this channel.
11.2. Whistleblowers may only resort to external whistleblowing channels when:
a) there are reasonable grounds to believe that the infringement cannot be effectively investigated or resolved internally or there is a risk of retaliation;
b) the measures foreseen or adopted are not communicated to you within a maximum period of three months after the submission of the complaint;
c) the infringement that you intend to report constitutes a crime or administrative offense punishable by a fine exceeding €50,000.00.
11.3. Whistleblowers can only make an infraction public when:
a) There are solid reasons to believe that the infringement may represent an imminent or evident danger to the public interest, which cannot be adequately recognized or resolved by the competent authorities, considering the specific circumstances of the case, or that there is a risk of retaliation, including in the case of external denunciation; or
b) They have filed an internal complaint and an external complaint, or directly an external complaint, without adequate measures being taken.
11.4. Anyone who reports an infraction to a media outlet or journalist, outside the situations outlined in item 11.3, will not be entitled to the legal protection offered to whistleblowers under this Policy.
12. Responsible for the internal whistleblowing channel – Who receives and processes the complaints?
12.1. Pedrosa&Irmãos, Lda designates, at any given time, a person responsible for the whistleblowing portal, who is publicly announced.
12.2. The person responsible for the complaint portal is responsible for:
a) Ensure that employees receive training and that all individuals who have a professional relationship with Pedrosa&Irmãos, Lda are informed about the whistleblowing portal;
b) To provide information about the reporting portal to all interested parties, guaranteeing the confidentiality of the advice and the identity of the individuals;
c) To receive and properly follow up on complaints;
d) Provide the complainant with substantiated information about the measures planned or adopted to follow up on the complaint, and request additional information if necessary;
12.3. In addition to the person responsible for the complaints portal, Pedrosa&Irmãos, Lda will appoint a second examiner, with access to all complaints, who will be responsible for following up on them in case of a conflict of interest on the part of the person responsible.
12.4. Both the person responsible for the portal and the second examiner will be members of the entity's senior management or equivalent, with full knowledge of the organization.
12.5. All employees of Pedrosa&Irmãos, Lda have a duty to cooperate with the person in charge of the complaints portal and with the examiner, in order to properly follow up on complaints.
13. Confidentiality – How is the whistleblower's identity handled throughout the process?
13.1. Pedrosa&Irmãos, Lda guarantees, in any situation and regardless of the anonymity of the complaint, the confidentiality of both the complainant and the third parties mentioned in the complaint.
13.2. The whistleblower's identity, as well as any information that could directly or indirectly identify them, is confidential and only accessible to those responsible for receiving and monitoring complaints, as stipulated in paragraph 12.
13.3. The confidentiality obligation set out in point 13.2 also applies to those who have received information about the complaints, even if they are not responsible for receiving or processing them.
13.4. The whistleblower's identity may only be disclosed in compliance with a legal obligation or court order, and the whistleblower will be notified in advance.
13.5. The provisions of paragraph 13.4 do not apply if communication to the whistleblower could compromise related investigations and/or legal proceedings.
13.6. The whistleblower must also keep all information related to the complaint confidential, including information provided by the person in charge of the internal whistleblowing portal.
14. Complaint handling – How are complaints handled?
14.1. Once received, complaints are subject to a preliminary analysis by the person responsible for the channel, who, within 7 days of receiving the complaint:
a) confirms to the complainant the receipt of the complaint;
b) informs them of the requirements, competent authorities, form and admissibility of the external complaint; and
c) requests, whenever necessary, clarifications to the complaint and/or additional information and details.
14.2. In the case of complaints that fall outside the scope of the internal reporting channel, the person responsible for the channel, within 7 days of receiving the complaint, informs the complainant of the inadequacy of the channel used and refers them to the appropriate person/department, proceeding to file the complaint.
14.3. In the case of complaints received through the internal whistleblowing channel, after receiving and responding to the whistleblower, the person responsible for the channel requests, if necessary, preliminary clarifications from the relevant Department and prepares a Preliminary Report on the described situation (guaranteeing the confidentiality of the whistleblower and third parties involved), which is sent to the Administration/Management of Pedrosa&Irmãos, Lda in question for a decision regarding the opening of an internal investigation and/or the immediate adoption of measures, if they consider that the complaint appears to be well-founded, or the immediate archiving of the process, if they conclude that the complaint is unfounded.
14.4. If any member of the Board of Directors/Managers is directly or indirectly targeted by the complaint, the preliminary incident report referred to in 14.3 will only be sent to the persons not targeted.
14.5. Upon receiving the preliminary incident report prepared by the portal administrator, the Administration/Management of Pedrosa&Irmãos, Lda will decide whether to open an internal investigation and/or take immediate action, or to immediately close the case.
14.6. Among the measures that the Administration/Management can take are, in particular: the opening of disciplinary proceedings, preceded or not by a prior inquiry; the determination of preventive suspensions; the immediate suspension of proceedings; the immediate introduction of changes to the procedures; and notification to the competent public authorities.
14.7. Following a decision by the Administration/Management regarding the immediate adoption of measures and/or the opening of an internal investigation, the whistleblower will be notified by the person responsible for the internal whistleblowing channel, which will necessarily occur within a maximum period of three months from the date of receipt of the complaint.
14.8. In the event that an investigation is necessary, the person responsible for the channel, independently or through legal counsel, will investigate the circumstances of time, place and manner in which the incident occurred, and may, for this purpose, request the intervention of other Departments or third parties, and will prepare a Final Report with the results of the investigation and suggestions for measures to be taken, which will be submitted to the Administration for a final decision.
14.9. If the whistleblower expressly requests it, they will be notified by the channel manager of the final outcome of the process within 15 days of its conclusion.
14.10. Due to existing confidentiality guarantees with respect to other parties, the provisions of 14.9 shall in no case entail the communication of specific details about the investigation carried out or about any specific disciplinary action taken.
14.11. The person in charge of the channel and all others involved in handling the complaint will act swiftly to ensure the effectiveness of any preventive or corrective measures to be taken.
15. Complaint Registration – Is any record kept of complaints?
Pedrosa&Irmãos, Lda will maintain a register containing all complaints received for a period of 5 years from the date of their receipt and, regardless of this period, during the pendency of judicial or administrative proceedings relating to the complaint.
16. Conflict of Interest – How are conflicts of interest managed?
16.1. In the performance of their duties, the person responsible for the whistleblowing portal acts independently, impartially and confidentially, guaranteeing the confidentiality and protection of personal data contained in the complaint and ensuring the absence of conflicts of interest in the performance of their duties.
16.2. In the event of a conflict of interest, especially when the complaint directly or indirectly targets the person responsible for the portal or a matter related to the performance of their activity at Pedrosa&Irmãos, Lda, they will be removed and the complaint will be handled as provided for in section 12.3 by the Second Examiner.
17. Retaliation – Can the Whistleblower be a victim of retaliation?
17.1. Any act of retaliation against whistleblowers is expressly prohibited.
17.2. Acts of retaliation are considered to be any actions or omissions that, directly or indirectly, occurring in a professional context and motivated by any internal or external complaint or public disclosure, cause or may cause the whistleblower, unjustifiably, patrimonial and non-patrimonial damages.
17.3. Threats and attempts at acts or omissions mentioned in point 17.2 will be considered acts of retaliation.
17.4. Anyone who commits any act of retaliation will be held civilly liable for the damages caused to the complainant.
17.5. Pedrosa&Irmãos, Lda assures its employees who report complaints that a complaint made under the conditions set out in point 7.1 will not serve as grounds for any alteration or predication in performance evaluations, professional development, working conditions, suspension or termination of their employment contract, nor will disciplinary action be applied.
17.6. Pedrosa&Irmãos, Lda ensures total confidentiality regarding the whistleblower's identity, therefore no acts of retaliation are foreseen.
17.7. Without prejudice to the provisions of paragraphs 17.5 and 17.6, if the whistleblower considers that they have been or are being subjected to retaliation by any means, they must immediately notify Pedrosa&Irmãos, Lda, using the same channel used to make the complaint, describing the acts of retaliation of which they consider themselves to be or to have been a victim.
17.8. The practice of acts of retaliation against employees of Pedrosa&Irmãos, Lda constitutes a disciplinary offense.
18. Whistleblower Protection Measures – What protection measures benefit whistleblowers?
18.1. Whistleblowers have the right to legal protection and access to the courts to defend their legally protected rights and interests, under general terms.
18.2. Whistleblowers can benefit from witness protection measures during criminal proceedings.
18.3. Whistleblowers are protected by the application of a series of legal presumptions against retaliatory acts in the two years following the whistleblowing.
19. Whistleblower liability – To what extent can the whistleblower be held liable for the complaint filed?
19.1. A complaint made by a whistleblower in good faith, with serious grounds to believe, at the time of the complaint, that the information communicated is true, does not, in itself, constitute grounds for disciplinary, civil, administrative offense, or criminal liability of the whistleblower.
19.2. A whistleblower who makes a complaint in bad faith, knowing or having reason to know that the information communicated is not true, incurs disciplinary liability if they are an employee of Pedrosa&Irmãos, Lda, and is also liable to civil and criminal liability for their conduct.
19.3. The person(s) assisting the whistleblower in making a complaint under the conditions set out in paragraph 19.2 shall be jointly and severally liable with the whistleblower for any damages arising from the complaint.
20. Personal data processing – How is personal data processed within the portal?
20.1. Pedrosa&Irmãos, Lda is responsible for the data processing carried out within the scope of its internal whistleblowing portal.
20.2. Data processing is carried out with complete confidentiality, and access to personal data obtained through the portal is limited to those responsible for receiving and following up on complaints, as described in more detail in paragraph 12.
20.3. Data processing is carried out based on the need to comply with legal obligations, especially those stipulated in Law No. 93/2021, of December 20, as well as the legitimate interests of Pedrosa & Irmãos, Lda in quickly identifying and acting effectively against infractions committed in the course of its activities.
20.4. The personal data collected through the internal reporting portal will be used solely to identify and investigate the violations identified in point 4.
20.5. In the context of investigating and handling complaints, Pedrosa&Irmãos, Lda may use third-party entities, namely law firms/institutions and auditing or forensic investigation companies, to whom personal data may be communicated.
20.6. In the cases mentioned in point 20.5, it is ensured that third-party entities with access to personal data comply with professional secrecy or confidentiality obligations and offer guarantees of implementing appropriate technical and organizational measures so that data processing meets the security requirements and protection of the rights of applicable data subjects.
20.7. Personal data may be processed by subcontractors, on behalf of and for the account of Pedrosa&Irmãos, Lda, namely IT service providers, and in particular the supplier of the software license used on the complaints portal.
20.8. Personal data may also be shared with third parties when (I) required by law; (II) determined by court order or public authority; or (III) the data subject gives their consent for this purpose.
20.9. Personal data processed within the internal reporting portal will be archived for a period of 5 years from the date of receipt of the complaint or, in any case, for the duration of any judicial or administrative proceedings relating to the complaint; after these periods, only a simplified and anonymous record of the respective complaint and the measures taken will remain on file for statistical purposes, and all personal data existing in the process will be deleted.
20.10. Data subjects whose personal data is processed on the complaints portal have the rights of access, rectification, erasure, restriction of processing, portability, and objection. These rights can be exercised, provided the necessary requirements are met, by sending an email to the Data Protection Officer. It is also possible to file a complaint with the National Data Protection Commission.
20.11. For any questions related to privacy or personal data protection, you can contact us at the following email address: geral@pedrosairmaos.com.
21. Review – When is this Policy reviewed?
21.1. Pedrosa&Irmãos, Lda reserves the right to alter or revise the content of this Policy at any time, particularly in the event of changes to relevant legislation, as well as in accordance with the guidelines of the competent public authorities, namely the National Anti-Corruption Mechanism.
O que deve ser denunciado?
Using the complaint form, you should report any acts or omissions that violate European Union law in the following areas:
a) Public procurement;
b) Financial services, products and markets, and prevention of money laundering and terrorist financing;
c) Product safety and compliance;
d) Transport security;
e) Environmental protection;
f) Radiation protection and nuclear safety;
g) Food safety for human and animal consumption, animal health and animal welfare;
h) Public health;
i) Consumer protection;
j) Privacy and personal data protection and network and information systems security.
You must also report acts or omissions that harm the financial interests of the European Union.
You must also report acts or omissions that violate the rules of the internal market, including competition and state aid rules, as well as corporate tax rules.
Finally, you must report conduct that constitutes violent crime, especially violent and highly organized crime, as well as the following crimes:
k) Drug trafficking;
l) Terrorism, terrorist organizations, international terrorism, and terrorist financing;
m) Arms trafficking;
n) Influence peddling;
o) Undue receipt of benefit;
p) Active and passive corruption, including that practiced in the public and private sectors and in international trade, as well as in sporting activities;
q) Embezzlement;
r) Economic participation in business;
s) Money laundering;
t) Criminal association;
u) Child pornography and pimping of minors;
v) Damage relating to computer programs or other computer data, computer sabotage, and unauthorized access to a computer system;
w) Human trafficking;
x) Counterfeiting, use and acquisition of counterfeit cards or other payment devices and related preparatory acts, acquisition of cards or other payment devices obtained through cybercrime, damage to computer programs or other computer data and computer sabotage, and also unauthorized access to a computer system;
y) Pimping;
z) Smuggling;
aa) Trafficking and tampering with stolen vehicles.
Attention: The complaint form provided is not intended for reporting any disciplinary infractions by employees of Pedrosa&Irmãos, Lda (except if they are related to the identified areas), nor for reporting cases of harassment; these situations should be reported directly to the Human Resources Department. It is also not intended for submitting complaints regarding the quality of services provided or products supplied by Pedrosa&Irmãos, Lda.
Attention: The complaint form provided is not intended for reporting any disciplinary infractions by employees of Pedrosa&Irmãos, Lda (except if they are related to the identified areas), nor for reporting cases of harassment; these situations should be reported directly to the Human Resources Department. It is also not intended for submitting complaints regarding the quality of services provided or products supplied by Pedrosa&Irmãos, Lda.