The Whistleblowing Channel is a means provided by US Tax Consultants to facilitate agile and confidential communication of irregularities that may constitute regulatory breaches. Communications may be submitted anonymously.
US Tax Consultants makes this Channel available as part of the internal information system, and it is essential for compliance with the Ethical Code in general and internal regulations in particular. Therefore, it is an active part of our continuous improvement as a Group.
The system is available 24 hours a day, 365 days a year, from any device and in various languages, and can be accessed through this link:
US Tax Consultants
What is a whistleblowing channel?
Based on US Tax Consultants’ commitment to complying with both the external regulations applicable to it and its own policies and Code of Conduct or Ethics, US Tax Consultants informs employees and individuals linked to our company that they may report any breach of such regulations if they know or reasonably suspect that any member of the organization is carrying out acts contrary to the law, its Code of Conduct, or any of its policies.
At US Tax Consultants we are committed to transparency and ethical behavior, which is why we offer employees and individuals linked to our company a valuable means of communication—the Whistleblowing Channel—where the confidentiality of both the information and the whistleblower is guaranteed. We sincerely thank all our employees and associated individuals for using it in order to strengthen the company and its sustainability.
RIGHTS OF THE WHISTLEBLOWER
I. Right to receive prior information.
Before submitting the report, the whistleblower must have access to easily understandable information about the entire process. Therefore, at New Media Lab, SL (US Tax Consultants), we undertake to duly inform the whistleblower of all procedures related to the reporting process.
II. Right to the restrictive use of information.
The information provided by the whistleblower may not be used for purposes other than the investigation.
III. Right to confidentiality.
US Tax Consultants guarantees confidentiality in the receipt and management of communications made through this Whistleblowing Channel. The whistleblower is informed that only the data strictly necessary to process the report will be requested, both in the reporting form and during the investigation. Furthermore, only authorized personnel may access such data.
IV. Right to receive an acknowledgment of receipt.
US Tax Consultants will inform the whistleblower of the receipt of the communication within a maximum period of 7 days.
V. Right to receive reasonable information.
US Tax Consultants will inform the whistleblower of the status of the report within a maximum period of three months from the acknowledgment of receipt.
VI. Right to a transparent investigation by an impartial interlocutor.
Reports or enquiries received will be handled with maximum transparency and impartiality by those responsible for the investigation, who possess sufficient and appropriate training to respond to the whistleblower’s questions or to process the submitted report.
VII. Data Protection Rights.
US Tax Consultants guarantees that all data provided by the whistleblower through the whistleblowing channel will be processed in accordance with current data protection regulations, without prejudice to the whistleblower’s rights, including access, rectification, objection, and erasure.
VIII. Right to non-retaliation.
US Tax Consultants enforces a prohibition on retaliation against the whistleblower. Therefore, the whistleblower cannot be held liable for the information contained in the report unless acting in bad faith.
OBLIGATIONS AND WARNINGS
US Tax Consultants expects employees and individuals linked to the company to comply with the following obligations and warnings:
I. Truthfulness.
A report will be considered truthful when there are reasonable grounds to believe that the reported facts are true, in light of the circumstances and the information available at the time of the report.
Only those who have acted in good faith will be protected against retaliation, even when the reported information is inaccurate or outside their competence. In cases of good faith, Whistleblower Protection is maintained.
Reports made with knowledge of their falsity, or with reckless disregard for the truth, will be sanctioned according to the US Tax Consultants Disciplinary System.
II. Good faith throughout the entire process.
Maintaining confidentiality regarding the investigation and the data requested by the responsible interlocutor.
III. Legality in obtaining the evidence supporting the report.
GROUNDS FOR INADMISSIBILITY OF REPORTS
US Tax Consultants reserves the right to deem a report/enquiry inadmissible in the following cases:
I. When the facts are not credible, there are no indications to support them, or they refer to matters different from those stated above (e.g., related to HR management, leave, promotions, etc.).
II. When the content of the report does not entail a breach of the principles established in the Code of Conduct, in which case it will be referred to the competent department.
III. Manifestly unfounded facts without evidence.
IV. When the facts are described in a generic or imprecise manner, unless the deficiencies are corrected.
V. When dealing with matters that the company has excluded from those that may be reported through the whistleblowing channel and which must be communicated directly to the Compliance Body.
VI. When the content is irrelevant, the information insufficient, or the informant lacks credibility.
VII. When it refers to the same facts as a previous report that has already been investigated and archived, unless new evidence is provided.
FREQUENTLY ASKED QUESTIONS
• Who can file a report?
Any person who has an employment relationship with the company.
• Can I feel safe from possible retaliation for filing a report? Is the accused informed of the report?
In accordance with the European regulations governing the procedure adopted by US Tax Consultants, this Whistleblowing Channel is confidential and the company guarantees that no retaliation will be taken against whistleblowers. Likewise, whistleblowers have the right to protection as long as there is a reasonable presumption of truth regarding the reported facts.
Additionally, US Tax Consultants may provide support measures (advice, assistance from authorities or the organization against retaliation, or even legal assistance) if necessary.
Furthermore, the person reported will not be informed of the procedure until the investigation has been concluded.
• What is the processing procedure? How long does it take to resolve?
Once the report has been submitted through the enabled form, you will receive an acknowledgment of receipt by email within a maximum of seven days.
Afterwards, you will be informed of the result of the internal investigation within a maximum period of three months.
• If I lack evidence, can I still report?
Yes, although it is desirable for reports to be accompanied by evidence in order to facilitate the investigation and avoid the report being archived. The reporting form allows the upload of additional documentation, although this is not mandatory.
• What happens if a report is false?
If the suspicions are incorrect or unfounded and the report was submitted in good faith, it will simply be archived after informing the whistleblower.
Conversely, if the report is false and is due to bad faith on the part of the whistleblower, it may constitute a crime of slander or libel under our Criminal Code (Articles 205 et seq.), without prejudice to any consequences under the US Tax Consultants Ethical or Conduct Code.
• To what extent is the data contained in the report protected?
In addition to the confidentiality guarantee mentioned above, all personal data contained in the report will be processed in accordance with Organic Law 3/2018, of December 5, on Personal Data Protection and the Guarantee of Digital Rights. They will be used exclusively to ensure the proper completion of the investigation, and their use and collection will be proportional to their intended purpose.