{"id":18843,"date":"2019-06-17T17:18:48","date_gmt":"2019-06-17T15:18:48","guid":{"rendered":"https:\/\/pensium.es\/compliance-penal\/"},"modified":"2026-05-15T15:18:40","modified_gmt":"2026-05-15T13:18:40","slug":"compliance-penal","status":"publish","type":"page","link":"https:\/\/pensium.es\/en\/compliance-penal\/","title":{"rendered":"Compliance Penal"},"content":{"rendered":"

[vc_row full_width=”stretch_row” parallax=”yes” el_class=”no-margin-top” css=”.vc_custom_1485199511507{padding-top: 125px !important;padding-bottom: 50px !important;background-image: url(http:\/\/pensium.es\/wp-content\/uploads\/2017\/01\/pensium-back1.jpg?id=4188) !important;background-position: center;background-repeat: no-repeat;background-size:cover !important;}”][vc_column][\/vc_column][\/vc_row][vc_row full_width=”stretch_row” row_height=”custom” css=”.vc_custom_1485190972745{padding-top: 20px !important;padding-bottom: 20px !important;}” custom_background=”inherit” anchor_link=”intro”][vc_column][vc_empty_space height=”50px”][vc_column_text]<\/p>\n

Criminal Compliance at PENSIUM S.L. and PENSIUM DIRECT S.L.<\/span><\/h2>\n

[\/vc_column_text][vc_empty_space height=”10px”][\/vc_column][\/vc_row][vc_row full_width=”stretch_row” row_height=”custom” css=”.vc_custom_1485274768928{padding-top: 0px !important;padding-bottom: 20px !important;}” custom_background=”inherit” anchor_link=”intro”][vc_column][vc_column_text]THE WHISTLEBLOWING CHANNEL<\/strong>
\nPensium S.L. and Pensium Direct S.L. have a Crime Prevention Manual (hereinafter, “the Manual”), approved by their Board of Directors on November 19, 2018, and with a revision and update approved by the Board of Directors on October 2, 2023, which constitutes the summary document of the Model for the organisation, prevention and detection of criminal risk conduct (hereinafter, “the Organisational Model”), implemented within Pensium, S.L. and Pensium Direct, S.L. (hereinafter “PENSIUM”), in accordance with the purpose and activities of both companies, and in compliance with the requirements set out in Article 31 bis of the Criminal Code, following the reform introduced by Organic Law 5\/2010, of June 22, and Organic Law 1\/2015, of March 30.
\nLikewise, the Manual sets out the structure and functioning of the control and supervisory body established at PENSIUM to ensure the effectiveness of the implemented Organisational Model. The Manual also identifies and systematises the existing controls at PENSIUM to mitigate criminal risk, as well as those it has decided to implement in order to prevent and mitigate the risk of criminal offences being committed in the course of its ordinary business activities.
\nAdditionally, this Manual establishes the implementation of the corporate Whistleblowing Channel as an effective communication mechanism to inform the control and supervisory body of any possible breach or irregularity occurring at PENSIUM.
\nThe Whistleblowing Channel is the internal mechanism established at PENSIUM that allows for the confidential reporting of, and consequently the detection or prevention of, possible irregularities, improper acts, conduct contrary to applicable legislation and\/or PENSIUM’s internal regulations taking place within the organisation, which may give rise to some form of liability (criminal, civil or administrative).
\nObligation to report any irregularity, improper act or conduct contrary to applicable legislation or PENSIUM’s internal regulations of which they become aware<\/strong>
\nAny employee, collaborator, or third-party supplier who has reasonable grounds to suspect the commission of an irregularity or any act contrary to the Organisational Model is obliged to bring it to PENSIUM’s attention. To fulfil this reporting obligation, any channel may be used, including the ordinary hierarchical procedure.
\nHowever, the use of the Whistleblowing Channel will be promoted as the preferred means of reporting any irregularity or breach of applicable legislation or PENSIUM’s internal regulations.
\nThe link to access the Whistleblowing Channel is provided below:
\nhttps:\/\/www.ovetauki.com\/index.php?route=login\/complaint&c_key=stxRYpYiHPdGSXdHCocvzMRdzZXNKxEySwRW<\/a>
\nConfidentiality<\/strong>
\nPENSIUM guarantees its employees, collaborators and third parties the confidentiality of any communication made that reveals allegedly irregular conduct. The confidentiality of the information disclosed extends to the non-disclosure of the characteristics and other details of the report (including neither the identity of the whistleblower, nor the facts, nor, where applicable, the persons whose conduct or actions may be mentioned in the reports), with the exception of the body responsible for supervising and operating the Organisational Model.
\nNotwithstanding the above, the confidentiality of the system may cease in those cases where, depending on the subject matter involved, knowledge of the facts is required by Judges, Courts or the competent authority.
\nGuarantee of protection for the whistleblower.<\/strong>
\nNo PENSIUM employee shall be subject to retaliation solely for having reported in good faith facts that are allegedly irregular.
\nTo this end, and when deemed appropriate, the body responsible for supervising and operating the Organisational Model may adopt the necessary measures to prevent and avoid possible retaliation against the whistleblower. In any case, the report or communication must always comply with the criteria of truthfulness and proportionality, and this mechanism may not be used for purposes other than those aimed at ensuring compliance with the law and the rules that make up the Organisational Model. This does not apply where it is conclusively proven that the reported facts were entirely false and the whistleblower acted wilfully and with the intention of harming a third party.
\nReports and communications may be submitted through:
\nhttps:\/\/www.ovetauki.com\/index.php?route=login\/complaint&c_key=stxRYpYiHPdGSXdHCocvzMRdzZXNKxEySwRW<\/a>
\nwhich is accessible through the website https:\/\/pensium.es\/<\/a>
\nReceipt of reports<\/strong>
\nRegardless of the communication channel used, the ultimate recipient of reports concerning breaches of the regulations that make up the Prevention Model is the Board of Directors, which will determine in a preliminary review whether the report is related to the Organisational Model. If so, a preliminary file will be opened and the relevant information will be incorporated into the report management system.
\nThe day-to-day management of the whistleblowing channel may be outsourced to professionals with recognised competence and experience, solely for the purpose of carrying out an initial filtering process, and who must report to the Board of Directors, with the frequency to be determined and without prejudice to immediate notification in cases of manifest criminal nature, all reports systematised by relevance: (a) reports of facts presumably constituting a criminal offence; (b) facts that merely infringe the criminal risk prevention regulations forming part of the Organisational Model; or (c) irrelevant matters.
\nOnce the report has been received and classified according to its importance, in order to provide the whistleblower with the corresponding acknowledgement of receipt and to inform them of the collection and processing of personal data in accordance with the provisions of the applicable personal data protection regulations, the Board of Directors will, where applicable, send one of the following communications:<\/p>\n