Whistleblower Policy
INTRODUCTION
This Whistleblower Policy contains important information about JOE & THE JUICE (also referred to as the “Company”) values and Whistleblower Service. The purpose of this policy is to describe the rights of Whistleblower and function and use of Whistleblower Service.
All employees are required to read the provisions contained herein carefully, and adhere to all of JOE & THE JUICE’s procedures described in this Whistleblower Policy.
JOE & THE JUICE may, at its sole discretion, without advance notice, modify, delete, suspend or discontinue any prodecure, whether or not contained in this Whistleblower Policy. Should any provision of this Whistleblower Policy be found to be unenforceable or invalid pursuant to applicable law, such finding shall not invalidate the entire Whistleblower Policy, but only that particular provision.
If there are any questions concerning procedures contained in this Whistleblower Policy, please contact the Company’s Legal & Compliance Department for clarification and assistance.
1. Definitions
In this Policy capitalized terms are defined as set forth in Appendix 1.
2. Whistleblower Service in JOE & THE JUICE
2.1. The purpose
JOE & THE JUICE is a people focused company, where employees are encouraged to express their concerns related to possible misconduct that needs to be corrected to evolve and maintain a healthy business climate and ethics. To enable this, JOE & THE JUICE has introduced a Whistleblower Service to foster business ethics and maintain customer and public trust in the Company.
The purpose of this policy is to describe JOE & THE JUICE Whistleblower Service and inform the employees about safe options to communicate their concerns related to business ethics.
2.2. Scope and application
The Policy applies to all employees, all functions, all units in JOE & THE JUICE, and all legal entities. In case the Policy conflicts with local requirements, Legal & Compliance Director can approve the Policy with deviations.
2.3. Who can report and who can be reported?
All employees and Board Members of JOE & THE JUICE shall have easy access to use the Whistleblower Service, if they wish so.
Likewise, all employees of JOE & THE JUICE and all Board Members may potentially become subject of a Whistleblower Report.
2.4. What can be reported?
JOE & THE JUICE employees and stakeholders can use Whistleblower Service to report any serious concerns about potential Misconduct including if they are in doubt or have no firm evidence. However, reports should be submitted honestly and in good faith. Abuse of the Whistleblower Service that is, voluntary reporting of false or malicious information is a serious offense and may result in further action.
Following are only examples of Misconduct that employees should report through Whistleblower Service and could be, but not limited to:
· severe irregularities and criminal offenses,
· corruption, forgery, embezzlement, bribery, and fraud,
· harassment, sexual harassment, and physical violence
· a breach of a legal, statutory or regulatory requirement,
· failures to comply with internal standards,
· unethical, immoral behavior, nepotism
· the allegation that Company failed to comply with applicable laws, rules or regulations in the conduct of its financial recordkeeping, reporting or transaction or any other basis protected by law.
Examples of concerns that are out of the scope of the Whistleblower Service are, but not limited to:
· terms of employment,
· collaboration issues,
· violations of alcohol and smoking policy,
· absence or lateness or
· dissatisfaction with salary conditions,
These concerns and issues should instead be reported to Supervisor and/or HR Manager.
Whether or not a reported concern is within or outside of the scope of the Whistleblower Service, all reports received through Whistleblower Service will be handled. Employees who make non-anonymous reports that are out of the Whistleblower Service scope will be informed and asked to report their concerns through the relevant channels.
2.5. How to report?
JOE & THE JUICE provides their employees a number of options to speak up and express their concerns. They can:
· speak to their direct Supervisor or Supervisor’s Supervisor
· speak to their HR Manager.
· optional - make a Whistleblower Report through Whistleblower Service on the following address (https://joejuice.whistleblowernetwork.net)
If an employee finds it inappropriate or feels uncomfortable sharing concerns with his/her Supervisor or HR Manager, the employee can always choose to communicate his/her concerns through the Whistleblower Service.
2.6. Whistleblowing Service
The Whistleblower Service refers to an IT tool provided by the third party and independent from all JOE & THE JUICE IT Systems, available to JOE & THE JUICE employees and/or stakeholders to report Misconduct 24 hours a day, seven days a week.
JOE & THE JUICE Whistleblower Service is accessible on the URL-address (https://joejuice.whistleblowernetwork.net)
2.7. Anonymity
Where allowed by applicable local law, JOE & THE JUICE employees can report anonymously through the Whistleblower Service. The System does not register or save metadata, IP address or computer ID being used by any whistleblower, and all data transmissions and storage are encrypted and accessible only to the Whistleblowing Team.
In case the employee chooses to report non-anonymously, JOE & THE JUICE will keep the employee identity and personal data confidential and in accordance with applicable personal data processing legislation.
2.8. Governance
Whistleblower Reports are addressed to an internal team of authorized employees who holds exclusive right to access and handle Whistleblowing Reports unless the reported Misconduct is about any of abovementioned employees. In this case, the report should be addressed to the Chairman of the Risk Committee, who must involve the Chairman of Board of Directors.
2.9. Notification obligation
The rights of the individuals affected by Whistleblower Report under Whistleblowing System are subject to and will be treated in line with local applicable data protection and processing laws. The notification of the affected individuals will be done timely. Consequently, in due course, the person(s) named in a report as potential violators and persons subject to investigations will be informed of the investigation in accordance with the information requirements and exemptions thereto laid down in the General Data Protection Regulation and applicable national laws.
2.10. Protection of the whistleblower
The identity of the whistleblower reporting the Misconduct will not be disclosed to any persons not involved in the investigation of the matter raised by the whistleblower, regardless the choice of anonymity or non-anonymity, to the greatest extent possible under applicable laws.
2.11. No Retaliation
JOE & THE JUICE prohibits any form of retaliation against any employee for:
· making a good faith complaint or allegation under this policy;
· making a good faith complaint or allegation that the Company failed to comply with applicable laws, rules or regulations in the conduct of its financial recordkeeping, reporting or transaction or any other basis protected by law; or
· assisting Company in connection with a complaint investigation.
Employees who believe they have been retaliated against in violation of this policy must report that conduct to the HR Manager.
However, JOE & THE JUICE will not tolerate bad faith or knowingly false or misleading complaints, allegations, statements or other information against individuals. Accordingly, if, after investigating any complaint or allegation of inappropriate workplace conduct or Misconduct, JOE & THE JUICE determines that the complaint or allegation was not made in good faith or that an individual has provided knowingly false or misleading information concerning same, it may take appropriate disciplinary action against that individual, up to and including termination of employment.
2.12. Investigation
When a report is received, an initial investigation will be conducted.
If the reported Misconduct turns out to be unfounded, it’ll be rejected and, at the end of the investigation, the Whistleblower will be informed of the investigation conclusions and closure, if appropriate.
If the reported Misconduct turns out to be suitable for further investigation, an Investigation Team will be consisting of authorized JOE & THE JUICE employees and/or external experts or investigators and will initiate the investigation if relevant. Persons exposed to any risk of conflicts of interest and/or having any personal relationship with individuals referred to/named in a Whistleblower Report (if known) must not be involved in the investigation at any time.
The principal conclusions from the investigation and the outcome of the investigation must be summarised in a Whistleblower Closure Report. After the completion of the investigation, the matter will be kept on the personnel file of the person in question, in line with General Data Protection Regulation and applicable national laws.
2.13. Closure of a Whistleblower Investigation
It is the responsibility of the Investigation Team to prepare a Whistleblower Closure Report upon the investigation completion. This report shall include the key conclusions from the investigation and the outcome of the investigation, including the name of responsible for implementing appropriate and relevant actions to be taken.
2.14. Reporting
Management will on a regular basis provide a report to the Risk Committee on the number of Whistleblower Reports received and the outcome of the investigations conducted.
2.15. Data Protection
Personal data included in a whistleblowing report will be treated in line with General Data Protection Regulation and applicable national laws. Documentation from the investigation should be rendered anonymous. Name and address must be removed together with any other information which directly or, in conjunction with other data, indirectly could identify the person.
2.16. Transferring personal data outside the EEA area
Transferring personal data outside the European Economic Area (EEA) is generally forbidden unless particular action is taken to protect the data.
In case that personal data about the reported person or the Whistleblower is transferred from the European Union to countries outside the EU/EEA as a part of the investigation, the transfer of personal data will take place in accordance with the EU Commissions Standard Contractual Clauses, cf. Article 46(2)(c) of the General Data Protection Regulation.
3. Appendix 1
Misconduct
Misconduct in this policy refers, but is not limited to, to the following examples:
· irregularities,
· criminal offenses,
· corruption, forgery, embezzlement, bribery and fraud,
· harassment, sexual harassment and physical violence
· a breach of a legal, statutory or regulatory requirement,
· failures to comply with internal standards,
· unethical, immoral behavior, nepotism
· allegation that the Company failed to comply with applicable laws, rules or regulations in the conduct of its financial recordkeeping, reporting or transaction or any other basis protected by law.
Whistleblower
A Whistleblower is JOE & THE JUICE employee and/or stakeholder who raises a concern related to business ethics and alleged Misconduct.
Whistleblower Service
Whistleblower Service refers to a designated, multilingual IT tool provided by third party and independent from all JOE & THE JUICE IT Systems, available to JOE & THE JUICE employees and/or stakeholders to report Misconduct 24 hours a day, 7 days a week.
Whistleblower Report
Whistleblower Report refers to any concern or allegation about Misconduct reported by an employee and/or stakeholder by using the Whistleblowing Service.
Whistleblower Investigation
Whistleblower Investigation refers to the process of initiating, conducting and closing an investigation, that is based on the Whistleblower Report about Misconduct and executed by Investigation Team.
Investigation Team
The Investigation Team is referred to persons involved in the investigation of the whistleblower report.
Whistleblowing Team
Whistleblowing Team refers to a team of authorized employees who hold exclusive right to access and handle Whistleblowing Reports, and who on daily basis manage Whistleblower Service. The Whistleblowing Team members are:
Nicolai Klinkby, Legal & Compliance Director, nk@joejuice.com
Selby Marshall, Head of Compliance, Risk, & Safety, selby.marshall@joejuice.com