Canal de Denúncia

WELCOME TO OUR INTERNAL WHISTLEBLOWING CHANNEL

This Internal Whistleblowing Channel is available to MIKE DAVIS (CLASSE E DISTINÇÃO, S.A.) employees, suppliers, service providers and other stakeholders for reporting violations and guarantees the anonymity/confidentiality of whistleblowers, as well as the commitment to investigate their allegations.

In addition to submitting a complaint securely, you can also follow the process of a complaint made previously.

We recommend that you provide clear evidence of your suspicions, even if this is optional. All information provided must be in good faith.

Warning:

This channel should only be used to report violations under Law no. 93/2021, of December 20.

Any complaint and/or claim regarding employment situations must be reported in accordance with the guidelines of the company's Code of Ethics and Conduct.

The following are considered infringements:

a) Any act or omission contrary to the rules contained in the European Union acts referred to in the Annex to Directive (EU) 2019/1937 of the European Parliament and of the Council, to national rules implementing, transposing or complying with such acts or to any other rules contained in legislative acts implementing or transposing them, including those providing for crimes or administrative offenses, relating to the fields of:

Public procurement;

i. Financial services, products and markets and prevention of money laundering and terrorist financing;
ii. Product safety and compliance;
iii. Transport safety;
iv. Environmental protection
v. Radiation protection and nuclear safety;
vi. Food and feed safety, animal health and animal welfare;
vii. Public health;
viii. Consumer protection;
ix. Protection of privacy and personal data and network and information systems security.

FAQ - FREQUENTLY ASKED QUESTIONS

When should I use the Internal Whistleblowing Channel?

This Internal Whistleblowing Channel should be used to inform Mike Davis (Classe e Distinção, S.A.) about cases that have occurred in the company and that it considers do not correspond with its standards of ethics and values, or that it considers may affect the well-being of the organization and/or people, with the purpose of preventing and detecting any irregular, illicit conduct or an infraction within the scope of Law no. 93/2021, of December 20, as well as protecting the whistleblower.

Complaint or report?

This Internal Whistleblowing Channel is not intended to make a complaint about the product/service of Mike Davis (Classe e Distinção, S.A.), but rather to report suspicions of fraud, corruption and/or misconduct within the organization, infractions that violate European Union law, as advocated by Law no. 93/2021 of 20 December.

Can I be a whistleblower?

According to Article 5 of Law 93/2021 of December 20, a whistleblower is a natural person who reports or publicly discloses an infringement on the basis of information obtained in the course of their professional activity. 

If you are a client of Mike Davis (Classe e Distinção, S.A.), you should not submit your complaint to this Internal Complaints Channel.

What should be included in a complaint?

The complaint must include as much information as possible about criminal offenses, irregularities or violations of the law that it verifies within Mike Davis (Classe e Distinção, S.A.).

To this end, the whistleblower should provide as much concrete evidence of their suspicions as possible, although this is optional, demonstrating the veracity of the complaint on the principle of good faith.

Can I remain anonymous?

Yes. The report can be submitted with identification or 100% anonymously. 

Mike Davis (Classe e Distinção, S.A.) will not have access to the information, nor will the external company that manages the platform using advanced encryption techniques.

If you wish, you can identify your personal data, which will be treated with security, secrecy and confidentiality.

What are the deadlines?

The organization has 7 days to respond, after receiving the complaint, in a clear and objective manner, as well as forwarding the complaint to the respective entities, if applicable. After that, the organization has 3 months to inform us of the measures planned or adopted, as well as their justification.

INTERNAL COMPLAINTS CHANNEL REGULATIONS

Introduction

Mike Davis (Classe e Distinção, S.A.), in its faithful commitment to regulatory compliance, provides all employees, service providers, contractors, subcontractors and suppliers, as well as any persons acting under its supervision and direction, holders of shareholdings and persons belonging to administrative or management bodies or fiscal or supervisory bodies of legal persons, including non-executive members and volunteers and interns, paid or unpaid, with an Internal Reporting Channel, with the purpose of preventing and detecting any irregular or unlawful conduct or an infringement under Law no. 93/2021, of 20 December. 93/2021, of December 20, as well as protecting the whistleblower.

With this Internal Reporting Channel, Mike Davis (Classe e Distinção, S.A.) complies with the provisions of Law 93/2021 of December 20, which establishes the general system for the protection of whistleblowers, transposed from Directive (EU) 2019/1937 of the European Parliament and of the Council of October 23, 2019 on the protection of persons who report breaches of Union law.

Purpose

The purpose of this regulation is to regulate the Mike Davis (Classe e Distinção, S.A.) Internal Whistleblowing Channel, establishing the procedures and policies applicable to reports of infringements that violate European Union law, in accordance with the provisions of the General Whistleblower Protection Regime - Law no. 93/2021, of December 20, and defining the operation of the Mike Davis (Classe e Distinção, S.A.) Internal Whistleblowing Channel.

Scope of application

These regulations apply to any natural or legal person who has any kind of relationship with Mike Davis (Classe e Distinção, S.A.) and reports or is reported for an infringement, using the Internal Reporting Channel established for this purpose:

To the whistleblower and the entities provided for in paragraph 4, article 6 of Law no. 93/2021, of December 20;

The person(s) concerned by the complaint;

The manager of the Internal Whistleblowing Channel / Whistleblower Handler and their respective team;

The units/departments questioned as part of the investigation;

External consultants and experts hired.

Whistleblower

For the purposes of this Internal Reporting Channel and in accordance with article 5 of Law 93/2021 of December 20, a whistleblower is a natural person who reports or publicly discloses an infringement based on information obtained in the course of their professional activity, regardless of the nature of this activity and the sector in which it is carried out.

Thus, the following can be considered whistleblowers:

Employees working for Mike Davis (Classe e Distinção, S.A.);

Service providers, contractors, subcontractors and suppliers, as well as any persons acting under their supervision and direction;

Holders of shareholdings and persons belonging to the administrative or management bodies or to the fiscal or supervisory bodies of legal persons, including non-executive members;

Volunteers and trainees, paid or unpaid.

Infringements

Under Law no. 93/2021, of December 20, the following are considered infringements:

a) The act or omission contrary to rules contained in the European Union acts referred to in the Annex to Directive (EU) 2019/1937 of the European Parliament and of the Council, to national rules implementing, transposing or complying with such acts or to any other rules contained in legislative acts implementing or transposing them, including those providing for crimes or administrative offenses, concerning the areas of:

1. Public procurement;
2. Financial services, products and markets and the prevention of money laundering and terrorist financing;
3. Product safety and compliance;
4. Transport safety
5. Environmental protection;
6. Radiation protection and nuclear safety;
7. Food and feed safety, animal health and animal welfare;
8. Public health;
9. Consumer protection;
10. Protection of privacy and personal data and security of network and information systems.

b) An act or omission contrary to and detrimental to the financial interests of the European Union referred to in Article 325 of the Treaty on the Functioning of the European Union (TFEU), as specified in the applicable European Union measures;

c) An act or omission contrary to the internal market rules referred to in Article 26(2) of the TFEU, including competition and state aid rules, as well as corporate tax rules;

d) Violent, especially violent and highly organized crime, as well as the crimes provided for in Article 1(1) of Law no. 5/2002, of January 11, which establishes measures to combat organized and economic-financial crime; and

e) The act or omission that contradicts the purpose of the rules or standards covered by points a) to c).

Internal complaint

An internal complaint is one in which the complainant becomes aware of one or more irregular or unlawful facts or an infringement within the scope of Law 93/2021 of December 20, as stipulated in the previous point.

Complaints can be made, as required by law, in various ways.

1. The complainant may submit the complaint in person, or remotely, namely by post or email, or via the platform - Internal Complaints Channel.

The face-to-face meeting to present the complaint is held at Mike Davis (Classe e Distinção, S.A.), by appointment. Appointments can be made in person, by telephone or by emailing [email protected].

At this meeting, reliable minutes must be drawn up containing all the information and then read out and signed by all those present.

Complaints submitted by post should be identified as "Complaint" and sent to "A/C: Responsible for Handling Complaints" at Estrada Exterior da Circunvalação, nº 662, 1º piso, 4435-177 Rio Tinto - Portugal, or email [email protected].

In order to be able to follow up the complaint, the address to which the complainant wishes to be contacted must be indicated.

Through the Internal Whistleblowing Channel, by accessing the institutional website of Mike Davis (Classe e Distinção, S.A.), where you can access the link to the platform that allows you to follow up the handling of the complaint in all situations.

2. The complaint must be submitted in writing.

The Mike Davis (Classe e Distinção, S.A.) Internal Complaints Channel allows you to submit a complaint in writing, where you can describe the entire situation and include supporting evidence - documents and/or photos that support the complaint.

3. The complainant can choose to identify themselves or remain anonymous.

We recommend that the complaint is made with the identification of the complainant, as this speeds up the process of gathering information/documentation and/or clarifying the situations described in the complaint, and confidentiality and secrecy will always be safeguarded, as set out in article 10 of Law no. 93/2021, of December 20.

Good faith complaint

A report in good faith is one that, declared in accordance with article 6 of Law no. 93/2021, of December 20, brings to light a series of facts or indications of an irregular or unlawful appearance or an infringement, with the complainant having grounds to believe that the information is, at the time of the report, true.

Bad faith complaints

A complaint made in bad faith is one in which the complainant is aware of the falsity of the facts or acts with manifest disregard for the truth.

Rights of whistleblowers in good faith

Whistleblowers who act in good faith in accordance with the provisions of Law no. 93/2021, of December 20, may not be disciplined, dismissed or removed from their position, nor may they suffer any damage to their relationship with Mike Davis (Classe e Distinção, S.A.) as a result of filing a complaint.

Any disciplinary sanction applied to the complainant up to two years after the complaint is considered abusive.

Prohibition of retaliation:

1. Acts of retaliation against the whistleblower are prohibited.

2. An act of retaliation is considered to be an act or omission which, directly or indirectly, occurring in a professional context and motivated by an internal or external complaint or public disclosure, causes or may cause the complainant, in an unjustified manner, pecuniary or non-pecuniary damage.

3. Threats and attempts at the acts and omissions referred to in the previous paragraph are also treated as acts of retaliation.

4. Anyone who commits an act of retaliation shall compensate the complainant for the damage caused.

5. Irrespective of the civil liability incurred, the complainant may request the measures appropriate to the circumstances of the case in order to prevent the damage from occurring or spreading.

6. The following acts of retaliation are presumed to have been motivated by an internal or external complaint or public disclosure, until proven otherwise, when committed within two years of the complaint or public disclosure:

Changes in working conditions, such as duties, working hours, place of work or remuneration, failure to promote the employee or failure to comply with work duties;

Suspension of employment contract;

Negative performance evaluation or negative reference for employment purposes;

Non-conversion of a fixed-term employment contract into an open-ended contract, whenever the employee had legitimate expectations of such conversion;

Non-renewal of a fixed-term employment contract;

Dismissal;

Inclusion on a list, based on a sector-wide agreement, which could lead to the complainant being unable to find a job in the sector or industry concerned in the future;

Termination of a supply or service contract;

Revocation of an act or termination of an administrative contract, as defined in the terms of the Code of Administrative Procedure.

Whistleblowers acting in good faith benefit from the following support measures:

legal protection;

benefit from measures to protect witnesses in criminal proceedings;

assistance and collaboration by the competent authorities with other authorities, in order to

ensure the protection of the whistleblower against acts of retaliation, including through certification under Law 93/2021 of December 20, whenever the whistleblower requests it;

information made available on the Justice Portal by the General Directorate of the Justice Police on the protection of whistleblowers;

access to the law and the courts to defend their legally protected rights and interests.

In addition to the whistleblower, the above provisions also apply in terms of the protection afforded by this law and extend, with the necessary adaptations, to:

A natural person who assists the whistleblower in the whistleblowing procedure and whose assistance must be confidential, including trade union representatives or workers' representatives;

A third party who is connected to the whistleblower, such as a work colleague or family member, and may be the target of retaliation in a professional context; and

Legal persons or similar entities that are owned or controlled by the whistleblower, for which the whistleblower works or with which the whistleblower is otherwise connected in a professional context.

The whistleblower in good faith will have the right to be informed at any time of the status of the processing of their complaint, as well as the outcome of the complaint.

The identity of the bona fide whistleblower will not be revealed either to third parties or to the organization itself. Only in cases of strict necessity, and with the consent of the person making the complaint, may their identification data be disclosed to Mike Davis (Classe e Distinção, S.A.).

The Whistleblower Handler, upon prior written request from Mike Davis (Classe e Distinción, S.A.), will analyze the need to reveal the identity of the whistleblower and, if he/she agrees with the need, will contact the whistleblower to request his/her consent. The personal data revealed may be used by Mike Davis (Classe e Distinção, S.A.) for the sole purpose of resolving the situation of need and will be duly destroyed once the situation has ceased.

Any action taken against a whistleblower in good faith and, in particular, situations of threat, discrimination or harassment as a result of lodging a complaint will be investigated with the highest priority and sanctioned in due course.

Duties of the whistleblower

1. The whistleblower does not incur liability for breach of confidentiality or other duties, provided that the complaint is made in accordance with the requirements imposed in Law no. 93/2021, of December 20, namely:

does not constitute grounds for disciplinary, civil, misdemeanor or criminal liability;

is not liable for the violation of any restrictions on the communication or disclosure of information, without prejudice to the secrecy regimes safeguarded by the provisions of Article 3(3) of Law 93/2021 of December 20;

is not responsible for obtaining or accessing the information that gives rise to the complaint or public disclosure, except in cases where obtaining or accessing the information constitutes a crime.

2. The provisions of the previous paragraph are without prejudice to the possible liability of whistleblowers for acts or omissions that are not related to the report or public disclosure, or that are not necessary for the report or public disclosure of an infringement under the terms of Law no. 93/2021, of December 20.

Rights of the accused

The regime provided for in Law no. 93/2021, of December 20, does not affect any procedural rights or guarantees recognized, in general terms, to persons who, in the complaint or public disclosure, are referred to as perpetrators of the infringement or who are associated with it, namely the presumption of innocence, the guarantees of defense in criminal proceedings and the confidentiality of their identity.

Procedure for Managing the Internal Reporting Channel - Platform

The Mike Davis (Classe e Distinção, S.A.) Internal Whistleblowing Channel is available as described in the Internal Whistleblowing section above.

The information that allows the identity of the whistleblower to be deduced is restricted to the manager of the Internal Whistleblowing Channel / Whistleblower Handler and their team, who receive and follow up on the reports, thus guaranteeing independence, impartiality, confidentiality, data protection, secrecy and the absence of conflicts of interest in the performance of their duties.

1. Receipt of the complaint:

Each complaint submitted will be assigned a unique code, which the complainant must save or download as a PDF, to their computer or mobile device, namely cell phone;

Together with the assigned code, a link is provided so that the complainant can follow up on the complaint;

In compliance with Article 11(1) of Law 93/2021, of December 20, the obliged entities notify the whistleblower within 7 (seven) days of receipt of the complaint and inform them, in a clear and accessible manner, of the requirements, competent authorities and the form and admissibility of the external complaint, under the terms of Article 7(2) of Law 93/2021, of December 20. The manager of the Internal Whistleblowing Channel / Whistleblower Handler shall send a reply to the whistleblower within the time limit in force.

2. Preliminary analysis of the complaint:

The manager of the Internal Whistleblowing Channel / Whistleblower Handler and his/her assigned team will carry out a preliminary analysis of the facts reported and the attached evidence material, and will proceed to qualify them legally.

In this analysis phase, the following assessment is made:

a. Identification of whether the complaint falls within the scope defined for the Internal Complaints Channel;

b. Identification of the people and units/departments that may be involved or may have knowledge of facts relevant to the investigation;

c. Identification of the main facts and those that are irrelevant to the investigation;

d. Determining the feasibility of following up on the complaint, particularly in terms of the basis of the content denounced and potential obstacles or constraints.

Reports that do not fall within the scope of the Internal Whistleblowing Channel will be communicated to the whistleblower with the information that it may be forwarded to the Human Resources Department, in accordance with the provisions of the Mike Davis (Classe e Distinção, S.A.) Code of Ethics and Conduct, which can be consulted on the Internal Whistleblowing Channel platform.

 3. Handling the complaint

After preliminary assessment of the complaint, its qualification and all supporting documents, the Mike Davis (Classe e Distinção, S.A.) Whistleblowing Channel Manager will take a decision on each case, which may consist of opening an investigation or closing the case when the complaint is totally unfounded.

Investigations into complaints received through the Internal Complaints Channel will be carried out by the manager of the Internal Complaints Channel / Head of Complaints Handling and his team, independently, factually and in collaboration with the units / departments that can and should intervene in the process.

The collection of information and evidence as part of investigations must comply with the principles of confidentiality, objectivity, necessity, proportionality, speed, efficiency and procedural economy;

In the course of the internal verification of the allegations contained in the complaint, the team responsible for processing the complaint may request additional elements and information from the complainant, in order to obtain a clear and complete understanding of the situation exposed;

If the complainant is anonymous and the complaint has not been submitted via the platform, there is no way of contacting the complainant and, consequently, no additional information will be added to the complaint.

At this stage of the process, any personal data that is clearly not relevant to the processing of the complaint must be validated and deleted.

The legal qualification described above will be accompanied by recommendations addressed to Mike Davis (Classe e Distinção, S.A.) on the appropriate procedure for each of the complaints received, which will proceed to open a file for each of the complaints registered, the identification code of which will coincide with the identification code of the complaint.

Mike Davis (Classe e Distinção, S.A.) will adopt, as appropriate, the appropriate precautionary measures to avoid the repetition of the facts denounced during the investigation procedure and to ensure the means of proof that can be obtained.

4. Conclusion of the process

After the final assessment of the respective verification results, and except in situations where they consider themselves incompetent to deal with the complaint, the manager of the Internal Whistleblowing Channel / Whistleblower Handler will draw up a reasoned report with the conclusions, and may recommend the following measures in particular:

1. The opening of an internal investigation;
   
2. The cessation of the reported infringement;
3. The initiation of disciplinary proceedings;
4. The carrying out of an internal audit;
5. Proposing improvements in conduct and good practice;
6. Closure of the case.

The recommendations made do not definitively declare the existence of liability or confirm the infraction, but focus on identifying infractions and proposing the adoption of preventive and/or corrective measures, which may trigger the determination of possible disciplinary or criminal liability.

The report will be submitted to Mike Davis (Classe e Distinção, S.A.) for a decision, and it is his responsibility to monitor compliance with this decision.

When drawing up the report, the principles of confidentiality of the identity or anonymity of the complainants and the confidentiality of the identity of third parties mentioned in the complaint must be taken into account. Only what is considered essential for decision-making should be reported.

The manager of the Internal Whistleblowing Channel / Whistleblower Handler shall inform the whistleblower of the measures planned or adopted to follow up on the complaint and the respective grounds, within a maximum of 3 (three) months from the date of receipt of the complaint.

The complainant may request, at any time, that the obliged entities notify them of the result of the analysis carried out on the complaint within 15 (fifteen) days of its conclusion.

Each complaint submitted in accordance with this procedure and its unique code will be duly filed in the Complaints Register.

Complaint Retention Period

Mike Davis (Classe e Distinção, S.A.) and the manager of the Internal Whistleblowing Channel / Whistleblower Handler are responsible for receiving and handling reports under Law no. 93/2021, of December 20, and must keep a record of the reports received and retain them for at least 5 (five) years and, regardless of this period, during the pendency of judicial or administrative proceedings relating to the report, complying with all personal data protection, confidentiality and secrecy requirements. Personal data that is clearly not relevant to the processing of the complaint will be deleted immediately.

Processing of personal data

The processing of reports of infringements, regardless of the channel used to submit them, involves the processing of personal data.

1. In compliance with the provisions on the Protection of Personal Data, in particular with regard to the Data Protection Agreement and the Exercise of Rights, the following must be considered:

Through the online platform, the whistleblower is informed in advance of their rights and can exercise their rights regarding data processing through the secure mailbox;

At face-to-face meetings, information will be provided on a printed form about exercising rights, and the complainant will be able to exercise their rights in person or via the online platform, as all complaints will be registered there and the complainant will be given access.

When the complaint is submitted by post or email, and whenever there is a possibility of contacting the complainant, the procedure will be in accordance with the previous point.

2. Information on the processing of the personal data of all other data subjects (complainant, witnesses, third parties, among others involved), as well as the means of exercising rights will be communicated at the first contact with each of the personal data subjects, without prejudice to the need to restrict the exercise of rights, temporarily, due to the protection of the data subject's own rights and/or the rights and freedoms of other individuals.

Entry into force

Once approved, these Regulations shall enter into force on the day following their publication on the company's intranet and website.

PRIVACY POLICY FOR THE INTERNAL WHISTLEBLOWING CHANNEL

Reporting irregularities through this channel may involve the processing of personal data, which will be carried out under the following terms:

Data controller: The entity responsible for processing personal data is MIKE DAVIS (CLASSE E DISTINÇÃO, S.A.), which determines the purposes and means of processing such data.

To this end, if the owner of the personal data needs to contact the data controller, they can send a written communication to the data controller at the following address:

Estrada Exterior da Circunvalação, nº 662, 1º piso, 4435-177 Rio Tinto - Portugal

Email: [email protected].

General principles applicable to the processing of Personal Data

MIKE DAVIS (CLASSE E DISTINÇÃO, S.A.) undertakes to ensure that the personal data it processes is:

Processed lawfully, fairly and transparently in relation to the data subjects;

Collected for specified, explicit and legitimate purposes and not further processed in a manner incompatible with those purposes for which they are processed;

Accurate and updated whenever necessary;

Kept in a form that allows the identification of data subjects for no longer than is necessary for the purposes for which they are processed;

Processed in a manner that ensures their security, including protection against unauthorized or unlawful processing and against their loss, destruction or unforeseen damage, with appropriate technical or organizational measures being taken.

Purpose of processing and legal basis: Any personal data collected through this channel is intended for the management of reports of irregular practices related to financial matters or possible violations of Law no. 93/2021, of December 20 (Establishes the general system for the protection of whistleblowers, transposing Directive (EU) 2019/1937 of the European Parliament and of the Council of October 23, 2019 on the protection of persons who report breaches of Union law) and the regulations that implement it. The processing of personal data is based on compliance with a legal obligation (Article 6(1)(c) of the General Data Protection Regulation - Lawfulness of Processing).

Recipients: The processing of personal data may be carried out by a suitable service provider contracted by MIKE DAVIS (CLASSE E DISTINÇÃO, S.A.). Said service provider will exclusively process the data for the purposes established by MIKE DAVIS (CLASSE E DISTINÇÃO, S.A.) and in compliance with the instructions issued by the latter, strictly complying with the legal rules on the protection of personal data, confidentiality, information security and other applicable rules. MIKE DAVIS (CLASSE E DISTINÇÃO, S.A.) may also transmit the data to other entities, which themselves qualify as data controllers, using it for their own purposes, if the legal conditions laid down in the General Data Protection Regulation (GDPR) are met, such as public authorities, for example, Tax Authorities, Judicial Courts or competent Regulatory Entities.

International data transfers: In cases where the processing of personal data involves its communication to third parties established in countries outside the territory of the European Economic Area (EEA), MIKE DAVIS (CLASSE E DISTINÇÃO, S.A.) will ensure that they have adequate guarantees to process the personal data, given the exposure to risk on the part of the Data Subjects.

Retention period: In the case of reports of irregularities associated with financial matters, the personal data that has been reported will be immediately destroyed if it proves to be inaccurate or useless; when there is no disciplinary or judicial procedure; the data that has been verified will be destroyed after a period of 6 (six) months from the end of the investigations; in the event of disciplinary or judicial proceedings, the data will be kept until the end of the proceedings. For their part, personal data collected as part of the processing of reports of irregularities or infringements must be kept under the terms of Law 93/2021, of December 20, for a period of 5 (five) years after the date on which the processing of the report of the irregularity received ends, without prejudice to other legal data retention obligations.

Exercise of Whistleblower Rights:

You may at any time, in writing, exercise the rights enshrined in the Personal Data Protection Act and other applicable legislation via the e-mail address set out above.

MIKE DAVIS (CLASSE E DISTINÇÃO, S.A.) will respond in writing (including by electronic means) to the User's request within a maximum period of one month from receipt of the request, except in cases of particular complexity, where this period may be extended.

Right to lodge a complaint with the Supervisory Authority - if you consider that your data is not being processed legitimately by MIKE DAVIS (CLASSE E DISTINÇÃO, S.A.), under the terms of the applicable legislation and this Policy.

For any question relating to the privacy of personal data, the respective data subject may contact MIKE DAVIS (CLASSE E DISTINÇÃO, S.A.) at [email protected].

SECURITY, SECRECY AND CONFIDENTIALITY OF THE INTERNAL REPORTING CHANNEL (PLATFORM)

The platform that supports the operation of the MIKE DAVIS (CLASSE E DISTINÇÃO, S.A.) Internal Reporting Channel has security mechanisms and encryption of all information, allowing for two-way communication/interaction with the respective author, while maintaining anonymity.

Only the management of the Internal Whistleblowing Channel has access to the whistleblower's personal information.

The identity of the whistleblower can only be disclosed:

To comply with a legal obligation or court decision; and

After communicating to the whistleblower, in writing, the reasons for disclosing the data, unless this communication jeopardizes investigations or legal proceedings.

 The platform complies with all security and data protection measures:

Software capable of receiving a complaint confidentially and anonymously so that the complainant can remain anonymous.

The software is ISO 27001 certified.

CODE OF ETHICS AND CONDUCT

This Code of Ethics and Conduct establishes the set of principles, rules and values regarding professional ethics that must be recognized and adopted by all employees working for CLASSE E DISTINÇÃO - COMÉRCIO DE VESTUÁRIO, SA. 

These standards of behavior must be demonstrated by all employees and serve as a reference when taking measures and decisions. 

Purpose of the code of ethics and conduct

1. This Code is a reference document containing the principles and guidelines on ethics and professional conduct for the employees of CLASSE E DISTINÇÃO - COMÉRCIO DE VESTUÁRIO, SA and aims to bring together in a single document the general and special rules by which all employees must abide. 

2. The Code also aims to make known to all those who have a contractual or professional relationship with the company, the degree of internal demand adopted by CLASSE E DISTINÇÃO - COMÉRCIO DE VESTUÁRIO, SA, clarifying the ethical standards that determine the actions and behavior of its employees. 

3. The set of principles and rules conveyed by this Code are not exhaustive and should be read, interpreted and applied in conjunction with other Codes, Plans, Policies, Manuals and other regulations relating to specific standards of conduct for certain professional functions and activities.

General principles 

1. Employees' actions must be guided by strict principles of loyalty, legality, cooperation, integrity and zero tolerance of corruption towards CLASSE E DISTINÇÃO - COMÉRCIO DE VESTUÁRIO, SA, as well as honesty, independence, impartiality, impartiality, confidentiality, responsibility, transparency and professionalism, in the knowledge of the mission, quality and anti-corruption policies. 

2. The principles referred to in the previous paragraph must be evident and present at all times in relations with external public and private entities, the media, CLASSE E DISTINÇÃO - COMÉRCIO DE VESTUÁRIO, SA's own employees, as well as in the activities pursued and measures adopted. 

3. Employees must avoid situations that could lead to conflicts of interest. 

Equal treatment and non-discrimination 

1. When dealing with customer requests and making decisions, employees must ensure that the principle of equal treatment is respected.

2. If there is any difference in treatment, the employee must ensure that it is justified by the objective and relevant data of the case in question. 

3. CLASSE E DISTINÇÃO - COMÉRCIO DE VESTUÁRIO, SA employees may not engage in any form of discrimination, particularly on the grounds of race, gender, age, physical disability, sexual preference, political opinions or religious convictions. 

Work environment

General principles 

All employees have the right to a healthy and safe workplace, free from discrimination and harassment, where individual and organizational goals can be achieved. A good working environment is one that is fair and equitable; is safe and supportive; is free from alcohol and drugs; is free from harassment and discrimination; is respectful of individual differences and cultural diversity; provides honest feedback on performance and opportunities for development and supports employee participation in the decision-making process. 

Impartiality and non-discrimination 

A commitment to impartiality and non-discrimination is fundamental to maintaining standards of fairness, ethical conduct and responsibility. All employees must play an active role in ensuring that the working environment is free from discrimination and harassment of any kind, including sexual harassment. 

Health and safety at work 

All employees should enjoy expectations of a healthy and safe working environment, as it relates to their assigned duties, which have a direct impact on their professional performance. Employees must take their own responsibilities very seriously, contribute to safety at work and immediately report any health or safety concerns or breaches of related rules and/or regulations to their line manager or Human Resources. 

Drug and alcohol abuse 

Employees must not report to work or remain at work under the influence of drugs and/or alcohol. Under no circumstances should employees operate machinery or use work tools owned by the company, whether or not they are on duty, while under the influence of drugs or alcohol. The company has the obligation and duty to act in accordance with the legal framework. 

Smoking

Employees must not smoke in areas where it is prohibited. 

Dress code

The dress and appearance of all employees must reflect a professional image. 

Perceptions and working practices can be influenced by employees' appearance. Clothing should always be appropriate to the job and generally established standards, and should be kept neat, clean and tidy. 

It is particularly important for employees wearing uniforms to present a professional image. Each employee who has been assigned a uniform must comply with the relevant guidelines on how to wear it and be responsible for keeping it clean and tidy. Any changes or corrections that may be necessary must be carried out immediately. Employees with uniforms must report to work and remain in uniform, wearing the uniform assigned to their workplace and duties, unless otherwise authorized.

Diligence, Efficiency and Responsibility 

CLASSE E DISTINÇÃO - COMÉRCIO DE VESTUÁRIO, SA employees must always carry out the responsibilities and duties assigned to them diligently, efficiently and to the best of their ability.

Impartiality and Independence 

1. Employees must be impartial and independent: 

- It must refrain from any arbitrary action that harms third parties, as well as any preferential treatment, whatever the reasons; 

- Must weigh up the legally protected interests at stake, without depending on factors unrelated to those interests;

- They must refuse to take part in decisions in which they have personal or family interests, particularly of an economic, financial or property nature. 

2. The employee's conduct must not be guided by personal, family or national interests or by political pressure. 

3. Respect for the principle of independence is incompatible with employees requesting or accepting any benefits, rewards, gifts or other consideration from a source outside CLASSE E DISTINÇÃO - COMÉRCIO DE VESTUÁRIO, SA, from a subordinate or hierarchical superior, which exceed a merely symbolic value, and because of the performance of their duties at CLASSE E DISTINÇÃO - COMÉRCIO DE VESTUÁRIO, SA. 

Fairness 

Employees must act impartially, fairly and reasonably. 

Integrity 

Employees must seek to act correctly in all situations, making an uncompromising commitment to legality, integrity, ethics, transparency and zero tolerance of corruption, in order to ensure that CLASSE E DISTINÇÃO - COMÉRCIO DE VESTUÁRIO, SA, its customers, employees, suppliers and other stakeholders have confidence in the integrity of its services. 

Zero tolerance to corruption 

1. CLASSE E DISTINÇÃO - COMÉRCIO DE VESTUÁRIO, SA absolutely prohibits any form of corruption, active or passive, in both the public and private sectors. 

2. CLASSE E DISTINÇÃO - COMÉRCIO DE VESTUÁRIO, SA implements Anti-Corruption Measures, consisting of good practice guidelines (regarding due diligence in hiring suppliers and employees, conflicts of interest, gift offers and invitations, sponsorships, whistleblowing channel) suitable for preventing, detecting and combating corruption and related crimes. 

3. The Anti-Corruption Measures apply to all employees at CLASSE E DISTINÇÃO - COMÉRCIO DE VESTUÁRIO, SA and to any other person working for or on behalf of CLASSE E DISTINÇÃO - COMÉRCIO DE VESTUÁRIO, SA. 

Loyalty, respect and cooperation 

1. In relationships arising from the performance of their duties, employees must, in particular, obey the principle of loyalty and the principle of cooperation. 

2. The principle of loyalty translates into the proper performance of the duties assigned to employees, compliance with instructions and respect for the procedures and rules of operation and organization in force at CLASSE E DISTINÇÃO - COMÉRCIO DE VESTUÁRIO, SA.

3. Employees must act in close cooperation, in particular by providing colleagues and superiors with all the information and clarifications they need, as well as receiving their suggestions and information.

Reserve and discretion 

1. CLASSE E DISTINÇÃO - COMÉRCIO DE VESTUÁRIO, SA employees must maintain absolute secrecy and reserve from the outside world all facts relating to the life of the company and of which they become aware in the course of their duties which, by their nature, may affect the interests of the company, especially with regard to confidential information. 

2. Employees of CLASSE E DISTINÇÃO - COMÉRCIO DE VESTUÁRIO, SA, or all those who act on behalf of CLASSE E DISTINÇÃO - COMÉRCIO DE VESTUÁRIO, SA, must respect the legal provisions regarding the protection of personal data, including its circulation, and may not use such data for illegitimate purposes or communicate it to persons not authorized to access or process it. 

Employee relations and professional development

1. The employees of CLASSE E DISTINÇÃO - COMÉRCIO DE VESTUÁRIO, SA must be motivated by increased productivity, involvement and participation, maintaining a healthy and trusting climate, respecting the hierarchical structure in force, collaborating proactively and sharing knowledge and information. 

2. Employees must continually seek to improve and update their knowledge in order to maintain or improve their professional skills and provide the best services. 

Use of resources 

1. Employees must respect and protect the material resources, equipment and facilities assigned to the activity of CLASSE E DISTINÇÃO - COMÉRCIO DE VESTUÁRIO, SA, not allowing their misuse by colleagues and/or third parties. 

2. The aforementioned resources, equipment and facilities, regardless of their nature, may only be used for the exercise of functions within the scope of the company's activity, unless their private use has been explicitly authorized in accordance with internal rules or practices, and always within the legal and regulatory limits in force. 

3. Employees must also, in the exercise of their activity, adopt all appropriate measures to limit the costs and expenses of CLASSE E DISTINÇÃO - COMÉRCIO DE VESTUÁRIO, SA, in order to allow the correct and most efficient use of available resources. 

4. Employees must also, within the scope of their duties, comply with the rules on privacy and information security defined by CLASSE E DISTINÇÃO - COMÉRCIO DE VESTUÁRIO, SA. 

Professional relations and obligation to communicate 

1. Employees must refrain from engaging in professional activities, whether paid or unpaid, that may benefit from the professional relationship between them and CLASSE E DISTINÇÃO - COMÉRCIO DE VESTUÁRIO, SA, to the extent and provided that they may lead to a conflict of interest, impediment or incompatibility in the performance of specific duties or tasks. 

2. Employees may, exceptionally, carry out paid or unpaid activities outside of working hours, provided that such activities are immediately reported to superiors and Human Resources; do not interfere with their obligations to the company and do not generate conflicts of interest. 

3. During the performance of their duties, no employee may, unless expressly authorized otherwise in writing, provide professional services (private/public activities) outside the company, whenever these activities jeopardize the fulfillment of their duties as an employee of the company. 

4. For the purposes of the previous paragraph, employees must immediately inform their hierarchical superiors and the Human Resources of CLASSE E DISTINÇÃO - COMÉRCIO DE VESTUÁRIO, SA of the exercise, or their intention to exercise, other paid professional activities so that, if necessary, they may be granted written authorization by CLASSE E DISTINÇÃO - COMÉRCIO DE VESTUÁRIO, SA.

Conflict of interest 

1. Employees must avoid any situation likely to give rise, directly or indirectly, to conflicts of interest. 

2. There is a conflict of interest whenever employees have a personal or private interest in a particular matter that may influence, or appear to influence, the impartial and objective performance of their duties. 

3. Employees who, in the exercise of their duties and powers, are called upon to intervene in processes or decisions involving, directly or indirectly, persons, entities or organizations with which the employee collaborates or has collaborated, must inform their hierarchical superiors and Human Resources of the existence of these relationships and, in the event of doubt as to their impartiality, must refrain from participating in the decision-making process.

4. The same obligation applies to employees in cases where the financial or other interests of the employee himself or of family members, relatives and affines up to the second degree of the collateral line or other cohabitants are or may be at stake. 

5. The provisions of the preceding paragraphs shall not apply to interventions that amount to acts of purely expedient nature, namely certifying acts.

6. When any employee is found to be impeded, they must promptly inform their superiors and Human Resources.

7. Requests to be excused from taking part in the procedure must be made in accordance with the law and regulations. 

8. The employee must suspend his/her intervention in the procedure as soon as the cause of the impediment has been communicated or the request for exemption has been acknowledged, without prejudice to his/her obligation to take all measures that cannot be postponed in the event of urgency or danger. 

Duty of secrecy and misuse of information 

1. Employees may not disclose or use confidential information obtained in the performance of their duties or as a result of such performance. 

2. Employees must refrain from misusing information to which they have access in the performance of their duties or by virtue thereof. 

3. Misuse is understood to be the transmission, outside the normal scope of the performance of duties, of information that has been obtained by the employee in the performance of their activity, as well as the conclusion of any contract or act of an equivalent nature, directly or indirectly by the employee, based on that information. 

Compliance with legislation 

1. CLASSE E DISTINÇÃO - COMERCIO DE VESTUÁRIO, SA, through its employees, must respect and ensure compliance with the legal and regulatory standards applicable to its activity. 

2. Employees, in particular, may not, in the name of the company and in their actions at its service, violate the general law and the specific regulations applicable to their specialties. 

Protection of Personal Data

1. Employees must comply with the legal provisions on the protection of personal data, including its circulation within the scope of its processing, and may not, in particular, use personal data for illegitimate purposes or communicate it to persons not authorized to access or process it.

2. All employees must be aware of and comply with the approved internal rules on privacy and data protection. 

3. All services/departments must conduct themselves in a fair and transparent manner, subject to compliance with legal obligations and the legitimate interests of CLASSE E DISTINÇÃO - COMÉRCIO DE VESTUÁRIO, SA, respecting and allowing the exercise of the rights of data subjects. 

4. All departments must adopt technical-organizational measures, taking into account the risk that may result from the processing of data with regard to the rights and freedoms of natural persons, as well as being alert to security incidents, ensuring the confidentiality, privacy and integrity of the information obtained in the performance of their duties, namely:

- Not using privileged information for their own benefit or that of third parties. 

- Not divulging confidential facts or information, respecting the rules defined in this regard. 

- Not to disclose data or share any internal documentation of CLASSE E DISTINÇÃO - COMÉRCIO DE VESTUÁRIO, SA, without prior and specific authorization. 

Contacts with the media 

(1) In matters relating to the activity and public image of CLASSE E DISTINÇÃO - COMÉRCIO DE VESTUÁRIO, SA, employees may not, on their own initiative or at the request of the media, grant interviews or provide information that is not available to the general public, without, in either case, having obtained prior authorization from the company. 

2. Information provided to the media or contained in advertising must be informative and truthful, respecting the cultural and ethical parameters of the community, the environment and human dignity. 

3. The information referred to in the previous paragraph must contribute to a dignified image of the company. 

Relations with third parties

1. When dealing with any person or entity, public or private, in the course of carrying out their professional duties, employees must comply with the company's guidelines and positions, guiding their activity by criteria of quality, integrity and transparency and fostering and ensuring a good relationship with these persons and entities.

2. Contacts with any person or entity, public or private, in administrative procedures and within the scope of the exercise of their professional duties must be established through the channels made available by the company, such as the post office, public service, email and telephone, among others that may be created and/or are considered appropriate for the transmission of information. 

3. Employees must inform their superiors of any attempt to unduly influence any company official in the performance of their duties. 

4. In addition to complying with the provisions of the previous paragraphs, relations with employees and collaborators from other public institutions, both national and foreign, must be governed by a spirit of close cooperation, without prejudice, where appropriate, to the necessary confidentiality. 

Sanctions 

1. Without prejudice to the criminal, misdemeanor or civil liabilities that may arise from it, violation of the provisions of this Code constitutes a disciplinary infraction to the extent of its legal framework. 

2. The law in force shall apply to the determination and application of the respective disciplinary sanction, taking into account the seriousness of the offense and the circumstances in which it was committed, namely whether it was intentional or negligent, one-off or systematic. 

Duty to report irregularities 

1. Employees must immediately report to their hierarchical superior, human resources or directly to management, any facts that indicate an irregular practice or violation of this code of conduct, likely to jeopardize the proper functioning or image of CLASSE E DISTINÇÃO - COMÉRCIO DE VESTUÁRIO, SA, and the MIKE DAVIS brand of which they become aware in the course of their duties, or to the email [email protected], in accordance with the provisions of the Code of Conduct for Preventing and Combating Harassment at Work.

2. Superiors, when informed under the terms of the previous paragraph, must promptly take the necessary and appropriate steps, in accordance with the provisions of the Code of Conduct for Preventing and Combating Harassment at Work.

Final provisions

In short, in order to fully comply with the code, employees must:

- perform their duties with zeal, diligence, professionalism and integrity;

- strive to comply with the strictest ethical standards;

- always behave in a way that enhances the reputation of customs;

- behave in a manner consistent with the code of ethics and conduct;

- support and encourage others to comply with the code of ethics and conduct;

- report any behavior that is inconsistent with the code of ethics and conduct. 

All hierarchical superiors and team leaders play a particularly important role and must:

- strictly adhere to the code of ethics and conduct, leading by example as such; 

- ensure that staff are familiar with the relevant legislation, the required standards and the department's procedures and instructions:

- treat employees fairly and in good faith;

- apply the code of ethics and conduct objectively; 

- take appropriate action when employees do not respect the required standards or adopt behavior that appears to be inconsistent with the code of ethics and conduct.

The proper application of this Code depends on the collaboration and commitment of all employees, especially their professionalism, conscientiousness and their ability to discern each situation.