ECO TUK TUK has established a complaints channel, or internal information system, as a key tool (within the Regulatory Compliance System with the aim of facilitating an objective and effective mechanism so that anyone who interacts with the office can report:
- Any fact, indication, irregularity, risk or knowledge of possible crimes and/or regulatory breaches in its scope and operation.
- Any action contrary to the policies, protocols, procedures and internal codes that have been established regarding compliance.
- Any indication, suspicion or evidence of unethical, discriminatory behavior, contrary to the equality of people and possible workplace and/or sexual harassment.
- Any suspicious operation, incident or risk regarding “Prevention of Money Laundering and Terrorist Financing”, fraud, corruption or existence of conflicts of interest.
- All other actions or omissions that may constitute a serious or very serious criminal or administrative offense or any violation of the rest of the legal system.
- Any doubt in relation to the regulations.
The facts reported must be true, therefore, the complainant must ensure that the information provided is correct. Complaints may be made through the mandatory online channel provided or through a verbal request to the person responsible for the Information System. In this sense, the web address https://edba.responsibilidadpenal.com is provided as an online channel, which can be accessed after entering the code “ECO TUK TUK”, in which you can report your communication.
Said channel has been implemented as key and ideal element for supervision, control and prevention, in the field of ethical and regulatory compliance, with the purpose of promoting a culture of transparency, ethics and free of conduct of corruption, fraud or administrative and/or criminal non-compliance, taking into account the provisions of Law 2/2023, of February 20, “on the protection of informants”, and what is determined by art. 31 bis of the CP on Compliance matters, Circular 1/16 of the State Attorney General’s Office and Jurisprudence of the TS on the matter. In this sense, ECO TUK TUK has developed a Policy that states and explains the general principles regarding the Internal Informant Information and Defense System and guarantees, among others, confidentiality, protection of informants and the processing established by law 2/2023, of February 20, as well as the rights of the complainant and the accused. In addition, there is a procedure for the management, processing, investigation and resolution of complaints through which it seeks to ensure, throughout the life process of the complaint, the protection of the complainant and the privacy of the people involved, in addition to the confidentiality of the data contained in the complaint.
On the other hand, this channel provides a confidential and secure means so that anyone dealing with ECO TUK TUK can report any suspicious or illegal activity on ECO TUK TUK without fear of reprisals.
ECO TUK TUK’s internal information system guarantees the confidentiality of the identity of the informants and any third party mentioned in the communication, in addition to the actions carried out in the management and processing of communications, taking into account, in all cases , data protection regulations and preventing access to unauthorized personnel.
This channel cannot be used to carry out complaints with the following characteristics:
- False complaints.
- Complaints that manifestly show bad faith (e.g. Complaint filed several times with a different account of events).
- Complaints that are not founded or without concrete or determined indications (e.g. ‘X’s actions seem suspicious to me, it makes me doubt his actions in accordance with to the law’).
- Generic complaints for not including the set of data that is considered minimum for complaints: behaviors carried out, date/s on which the events took place, center/s involved and typology of non-compliant regulations (e.g. ‘ A colleague carries out bad marketing practices with some clients’). Likewise, in the event that a complaint deals specifically with the content of a file/document and it is not provided in the complaint.
- Complaints about facts that are not reportable because they do not involve any illegality or ethical breach (e.g. lack of hygiene of a worker).
- Complaints related to facts that are in court.
The record of the ECO TUK TUK Complaints Channel is not public. In any case, the channel complies with and respects Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights. ECO TUK TUK will retain personal data related to the Complaints Channel for the strictly necessary period, also in accordance with the provisions of Law 2/2023, of February 20.