1. WHISTLEBLOWING CHANNEL POLICY

What is the Whistleblowing Channel?

The Whistleblowing Channel aims to prevent, detect and investigate crimes and administrative infringements committed by members and collaborators of THE TROPIC FEEL, S.L. (“Tropicfeel” or the “Company”). This Channel has been designed in accordance with Law 2/2023, of February 20, regulating the protection of persons who report regulatory infringements and the fight against corruption (“Law 2/2023”), with respect for the presumption of innocence of the reported person.

The person responsible for the Whistleblowing Channel is Ms. Ana Salazar, Head of People and Culture at Tropicfeel.
Who can report? The Channel allows any person aware of criminal or administrative infringements to report them to Tropicfeel through this means.
What can be reported?

Through the Channel, criminal actions or omissions or serious administrative infringements may be reported. Those affecting the financial interests of the European Union as understood under Article 325 of the Treaty on the Functioning of the European Union (the “TFEU”) or the internal market under Article 26 of the same legal text may also be reported. All members of Tropicfeel must report these matters through the Channel, providing the relevant facts, dates and witnesses.

Note: the Channel is not intended for complaints about services provided by Tropicfeel or for interpersonal conflicts, unless, in both cases, they constitute one of the infringements referred to in the preceding paragraph.
What guarantees do informants have?

Tropicfeel guarantees any person who reports in good faith information contained in the preceding section the following rights granted by Law 2/2023:

  • The possibility of reporting verbally or in writing, as well as requesting a meeting with the person responsible for the channel.
  • The possibility of opting for anonymity.
  • The right not to suffer retaliation for information provided in good faith (provided in the belief of truth, even if it is subsequently proven to be erroneous).
  • The possibility of consulting the status of the processing of the report and its outcome.
  • The right to confidentiality of the information and of their own identity, which shall not be disclosed to third parties except at the request of the Judicial Authority, the Public Prosecutor’s Office or the administrative authority in the context of an investigation.
How to submit a report? Through the following link: https://form.typeform.com/to/gctAmruz, which allows you to request a meeting and attach audio files. Additionally, reports may be made by postal mail addressed to Calle Pujades 60, 6º, 1º, 08005, Barcelona, to the attention of Head of People.
How is the report processed?

After sending the information through the Channel, Tropicfeel will follow the following steps:

  • Sending of acknowledgement of receipt within 7 days.
  • Investigation and decision on the appropriateness of a sanction within 3 months.

2. DATA PROTECTION POLICY OF THE WHISTLEBLOWING CHANNEL

Basic information Security measures will be adopted to ensure data security in accordance with the risk analysis of Article 32 of Regulation 2016/679 of the European Parliament and of the Council (the “GDPR”). The record of processing activities under Article 30 of the GDPR will be implemented in relation to this type of processing.
Informant’s commitment Users of the Channel declare that the data provided is true, accurate, complete and up-to-date, committing to correct it in the event of becoming aware of any error after the communication.
Data controller THE TROPIC FEEL, S.L. with registered office at C/ Pujades 60, 6º, 1º, 08005, Barcelona and web address https://shop.tropicfeel.com/ shall be the controller and processor of the data obtained through the Whistleblowing Channel.
Data Protection Officer dpo@tropicfeel.com
Purpose of the processing The purpose of the processing is the investigation of the reported conducts under the terms of Law 2/2023, of February 20, regulating the protection of persons who report regulatory infringements and the fight against corruption (“Law 2/2023”).
Legal basis Art. 6.1 c) and d) of the GDPR: the processing is necessary for compliance with a legal obligation applicable to the controller (obligation under Law 2/2023).
Data recipients This personal data will only be communicated to third parties with whom the Company is legally obliged, namely, the Public Prosecutor’s Office, the Administration of Justice and the Administrative Authority responsible for investigating these infringements. In no case will Tropicfeel carry out an international transfer of personal data to third countries or to other organizations.
Data retention period The data will be retained for the time strictly necessary to resolve the communications. In any case, they will be deleted (i) three months after receiving a communication that has not led to the initiation of proceedings, (ii) upon detection of its falsity—unless such falsity constitutes a crime—or (iii) when personal data included within special categories of data are included.
Exercise of rights

The rights of access, rectification, erasure, objection, restriction of processing or objection thereto in the cases provided by law, as well as the right to data portability, may be exercised before Tropicfeel by the following means.

By email addressed to dpo@tropicfeel.com with the subject “DATA PROTECTION”, to which a photocopy of the ID card will be attached and in which the specific right being exercised will be indicated. It may also be communicated by post to C/ Pujades 60, 6º, 1º, 08005, Barcelona. Finally, a complaint may be filed with the Spanish Data Protection Agency (https://www.aepd.es/).
Automated decisions

Automated data processing decisions will not be applied to the information collected by this Whistleblowing Channel.