The Board of Directors of ABG Systems S.p.A. (the Company) has voluntarily decided to adopt an Organizational and Management Model (MOG) pursuant to Article 6 of Legislative Decree n° 231/2001, which can be viewed and downloaded at the bottom of this page in the download section.
The MOG aims to prevent the offenses listed in Legislative Decree n° 231/2001 (as outlined in the MOG) that may be committed, in the interest or for the benefit of the Company, by individuals who hold positions of representation, administration, or management, or who, even de facto, exercise management or control, as well as by those subject to their direction or supervision.
Legislative Decree n° 231/2001 introduced a significant innovation in the Italian legal system, establishing that legal entities (including the Company) are directly and autonomously liable, through pecuniary and restrictive administrative sanctions, for offenses committed by the aforementioned individuals.
To prevent the Company from being subject to such sanctions, when approving the MOG in December 2023, the Company simultaneously appointed a Supervisory Body (ODV), tasked with verifying the effectiveness of the MOG in preventing the commission of offenses listed in Legislative Decree n° 231/2001 and ensuring its proper implementation.
The MOG and its principles are addressed to the following subjects:
- directors;
- any other senior executives (i.e., individuals holding representation, administration, or management functions within the Company);
- employees and collaborators of any kind (permanent, fixed-term, part-time, temporary workers, and interns);
- intermediaries, business partners, consultants, professionals, and suppliers of goods and services;
- any other counterparties having contractually regulated relations with the Company.
Anyone wishing to report to the ODV the commission or attempted commission of one of the offenses covered by Legislative Decree n° 231/2001, or any violation or fraudulent circumvention of the principles and provisions of the MOG, may do so in two ways:
- Anonymously, by filling out the dedicated section, which has been configured to ensure the sender remains anonymous and that the submission activity cannot be traced by the system in any way;
- Non-anonymously, by sending the report to the following ODV email address: odv231@abgsys.com;
The ODV will only consider reports that:
- are detailed and based on precise elements;
- concern verifiable facts directly known by the reporting party;
- contain all necessary information to identify the individuals responsible for the reported misconduct and any persons aware of the reported events.
Download
Anonymous Reporting Form
Privacy notice pursuant to article 13 of eu regulation 2016/679
Whistleblowing
This privacy notice is provided in compliance with the provisions of Article 13 of EU Regulation 2016/679, concerning the protection of natural persons with regard to the processing of personal data.
Data Controller Identity
ABG Systems S.p.A. is the Data Controller.
Legal Basis for Processing
The legal bases for the lawfulness of data processing identified by the Data Controller are:
- The existence of a legal obligation incumbent on the Data Controller (Article 6, paragraph 1, letter c) or the voluntary adoption of an Organizational Model (MOG) and an Ethical Code pursuant to Article 6 of Legislative Decree 231/2001, in the legitimate interest of the Data Controller (Article 6, paragraph 1, letter f);
- The necessity to ascertain, exercise, or defend a right in judicial proceedings by the Data Controller in the case of special categories of data freely and knowingly provided by the whistleblower (Article 9, paragraph 2, letter f).
For these reasons, data processing is not subject to the consent of the data subject.
Processed Data
The processed data will be of a personal nature and may also include special categories of data (Article 9) provided by the whistleblower to report alleged unlawful conduct that they have become aware of due to their relationship with the Data Controller, committed by individuals who interact with the company in various capacities.
Purpose of Processing
The management of whistleblowing reports related to ABG Systems S.p.A.
Data Retention Period
The acquired data will be processed by the Data Controller for the time necessary to properly fulfill the aforementioned purpose.
Disclosure of Data Outside ABG Systems S.p.A.
The personal data acquired by the Data Controller may be disclosed externally only upon request by competent authorities and may be processed by designated data processors (Article 28) if necessary for specific activities.
Transfer of Personal Data Outside the EU
No data transfer outside the EU is foreseen.
Data Subject’s Rights
In relation to the provided personal data, the data subject has the right to exercise the rights established by EU Regulation 2016/679, including:
- Right of access (Article 15 of EU Regulation 2016/679);
- Right to rectification (Article 16 of EU Regulation 2016/679);
- Right to erasure (Article 17 of EU Regulation 2016/679);
- Right to restriction of processing (Article 18 of EU Regulation 2016/679);
- Right to data portability (Article 20 of EU Regulation 2016/679);
- Right to object (Article 21 of EU Regulation 2016/679).
The data subject also has the right to withdraw any consent given at any time. These rights can be exercised in writing or by sending an email to privacy@abgsys.com.
The data subject also has the right to lodge a complaint with the Data Protection Authority.
Nature of Data Provision
It is hereby informed that, for the purposes mentioned above, the provision of personal data by the data subject is necessary, and any refusal to provide such data will result in the impossibility for the Data Controller to proceed with the whistleblowing procedure.
Processing Methods
Personal data will be processed in both paper and electronic form and stored in relevant databases, accessible to employees, collaborators, and designated personnel of the Data Controller. These subjects may carry out consultation, use, processing, comparison, and any other appropriate operation, including automated ones, in compliance with legal provisions to ensure, among other things, the confidentiality, security, accuracy, updating, and relevance of the data in relation to the declared purposes.
