PREAMBLE
Haulotte strives to combine transparency with a high level of professional ethics.
Our employees are the most important source of information when it comes to revealing any misconduct that needs to be corrected.
We are therefore counting on all our employees to inform us of any behavior that runs counter to the values we uphold.
Our employees are the most important source of information when it comes to revealing any misconduct that needs to be corrected.
We are therefore counting on all our employees to inform us of any behavior that runs counter to the values we uphold.
Alexandre Saubot
Chief Executive Officer
With this in mind, Haulotte (hereinafter referred to as "the Company") has opted to set up a single Group-wide technical system for collecting such reports.
You will find below the procedure for launching an alert, as well as all the information you will need in this context.
You will find below the procedure for launching an alert, as well as all the information you will need in this context.
1. Who can issue an alert?
- Members of staff and of the administrative body, external and/or occasional collaborators, co-contractors and sub-contractors
- Members of staff whose employment relationship has ended when the information was collected during that relationship.
In order to deal with the alerts that will be reported within the framework of this system, the Company has appointed an ethics referent:
Mrs Caroline SIMON - Tel: +33 6 70 48 92 59 - lancement-alerte@haulotte.com
2. What facts can be the subject of an alert?
Facts that have occurred or are very likely to occur and that fall within the definition of a whistleblower:
→ any violation of the law or of an international commitment
→ any attempt to conceal this violation
→ a threat or harm to the general interest
→ any violation of the law or of an international commitment
→ any attempt to conceal this violation
→ a threat or harm to the general interest
The alert system can be used to report incidents in the following areas:
- Any violation of a Group Charter or Code of Conduct
- Corruption, competition, money laundering
- Accounting, finance, banking
- Discrimination, harassment
- Occupational health and safety
- Protecting public health
- Environmental protection
- Protection of privacy, personal data and information systems security
- Consumer protection, product safety and conformity
- Other...
This list is not exhaustive.
3. Whistleblower status
To file an alert, five (5) conditions must be met:
1/ Be a natural person
2/ To have obtained the information in a professional context: If the information is known outside the professional context, the person must have personal knowledge of the facts. In this case, you can't simply reiterate the facts observed by someone else.
3/ Acting without direct financial consideration: You must not benefit from any financial advantage as a direct result of your reporting.
4/ Acting in good faith: You are convinced that the alert you’re reporting concerns real facts.
5/ Reveal facts mentioned in 2.
1/ Be a natural person
2/ To have obtained the information in a professional context: If the information is known outside the professional context, the person must have personal knowledge of the facts. In this case, you can't simply reiterate the facts observed by someone else.
3/ Acting without direct financial consideration: You must not benefit from any financial advantage as a direct result of your reporting.
4/ Acting in good faith: You are convinced that the alert you’re reporting concerns real facts.
5/ Reveal facts mentioned in 2.
The whistle-blower can call on the support of one or more trusted persons. These persons benefit from the protection afforded by whistleblower status and the rights associated with it.
Protected third parties include:
- A facilitator: i.e. a non-profit individual or legal entity who helps the whistleblower to report or disclose information
- An individual who has a relationship with a whistleblower and is at risk of reprisals
- An organization owned by or for which the whistleblower works, or which has an employment relationship with the whistleblower.
- A facilitator: i.e. a non-profit individual or legal entity who helps the whistleblower to report or disclose information
- An individual who has a relationship with a whistleblower and is at risk of reprisals
- An organization owned by or for which the whistleblower works, or which has an employment relationship with the whistleblower.
The person concerned can ask to have his or her whistleblower protection status certified by the Rights Defender (“Défenseur des droits”).
In the event of deliberately slanderous denunciation or misuse of the system, the perpetrator is liable to disciplinary action. The person may also be liable to criminal and/or civil prosecution.
In the event of deliberately slanderous denunciation or misuse of the system, the perpetrator is liable to disciplinary action. The person may also be liable to criminal and/or civil prosecution.
When these criteria are met, the whistleblower benefits from legal guarantees:
➢ criminal immunity in the event of disclosure of a secret protected by law.
However, secrets relating to national defense, medical confidentiality, the confidentiality of judicial deliberations, the confidentiality of judicial inquiries or investigations, or lawyer-client privilege are excluded.
➢ immunity from criminal prosecution in the event of theft, misappropriation or concealment of documents or any medium containing information of which he has knowledge and which he discloses.
➢ civil immunity, notably for the person who publicly discloses information. He or she will not have to answer for any damage caused.
➢ she cannot be dismissed, disciplined, discriminated against or suffer reprisals because of the alert.
➢ criminal immunity in the event of disclosure of a secret protected by law.
However, secrets relating to national defense, medical confidentiality, the confidentiality of judicial deliberations, the confidentiality of judicial inquiries or investigations, or lawyer-client privilege are excluded.
➢ immunity from criminal prosecution in the event of theft, misappropriation or concealment of documents or any medium containing information of which he has knowledge and which he discloses.
➢ civil immunity, notably for the person who publicly discloses information. He or she will not have to answer for any damage caused.
➢ she cannot be dismissed, disciplined, discriminated against or suffer reprisals because of the alert.
The law provides for:
➢ a penalty of one (1) year's imprisonment and a €15,000 fine for any person who in any way hinders the transmission of a report internally to the company or to the judicial or administrative authorities, or to a professional body
➢ a fine of 60,000 euros against any person (natural or legal) who initiates dilatory or abusive proceedings against a whistle-blower. In the course of the proceedings, the whistleblower may be awarded a grant if his or her economic situation has seriously deteriorated. The person initiating the
action may also be ordered to pay damages. The sentence may be posted or broadcast.
➢ a penalty of two (2) years' imprisonment and a fine of 30,000 euros against any person (natural or legal) who discloses a confidential item relating to the whistleblower.
➢ a penalty of three (3) years' imprisonment and a 45,000-euro fine against any person who seeks to discriminate against a whistleblower, his facilitators or any person connected with the whistleblower.
➢ the possibility for the judge to impose an obligation to fund the whistleblower's professional training account.
Any company employee found guilty of one of these offences may be subject to disciplinary action and official denunciation to the competent authorities.
➢ a penalty of one (1) year's imprisonment and a €15,000 fine for any person who in any way hinders the transmission of a report internally to the company or to the judicial or administrative authorities, or to a professional body
➢ a fine of 60,000 euros against any person (natural or legal) who initiates dilatory or abusive proceedings against a whistle-blower. In the course of the proceedings, the whistleblower may be awarded a grant if his or her economic situation has seriously deteriorated. The person initiating the
action may also be ordered to pay damages. The sentence may be posted or broadcast.
➢ a penalty of two (2) years' imprisonment and a fine of 30,000 euros against any person (natural or legal) who discloses a confidential item relating to the whistleblower.
➢ a penalty of three (3) years' imprisonment and a 45,000-euro fine against any person who seeks to discriminate against a whistleblower, his facilitators or any person connected with the whistleblower.
➢ the possibility for the judge to impose an obligation to fund the whistleblower's professional training account.
Any company employee found guilty of one of these offences may be subject to disciplinary action and official denunciation to the competent authorities.
4. What are the safeguards for issuing an alert?
All data collected as part of this alert system will be treated as confidential, including:
- the identity of the person making the report,
- facts, subject of the report
- of the witnesses involved in the report
- or persons involved in the report.
Every precaution will be taken to protect the security of this data.
- To this end, the people in charge of collecting and processing alerts are bound by a strict obligation of confidentiality.
- Personal data collected as part of this alert system is processed in compliance with the obligations of the General Data Protection Regulation (GDPR).
5. How to send a report
The choice is yours:
If you have any doubts or questions about a particular situation, you can choose between two alternatives.
If you have any doubts or questions about a particular situation, you can choose between two alternatives.
First alternative:
You can write and/or ask questions to:
You can write and/or ask questions to:
- your supervisor, your supervisor's supervisor
- human resources manager
- to the General Manager/Chairman.
They will be obliged to pass on your disclosures to the Company's Ethics Officer for processing.
- You can also contact the Group's ethics officer directly via the following dedicated e-mail address: lancement-alerte@haulotte.com
The information to be provided is as follows:
- Your surname, first name, position and place of work
You can choose to remain anonymous. However, the company's obligation to provide feedback does not apply to anonymous reporting.
- The facts you wish to communicate, in an objective and sufficiently precise manner, to allow verification of the alleged facts
- The e-mail address, if any, to which you wish to be informed of the processing of the alert, if different from the one used for the initial alert.
Second alternative:
You can launch an alert anonymously using the secure alert messaging service managed by external service provider WhistleB.
All messages are encrypted. To ensure the anonymity of the person sending the message, WhistleB does not record IP addresses or other metadata (i.e. data that can be linked to the person sending the message). The person sending the message also remains anonymous in the subsequent dialogue with the designated Haulotte contact.
Access to messages received via our whistleblower communication channel is restricted to designated individuals with the necessary authority to manage whistleblower files. They access encrypted messages using a personal password and a secondary password. Their actions are logged, and processing is confidential.
Where necessary, individuals whose expertise may be useful may be included in the investigation procedure. These people have access to the relevant data and are also bound by a duty of confidentiality.
If a person raises a concern directly with a supervisor, manager or by contacting the alerting team in person, the message is inserted into the alerting communication channel and handled in accordance with these guidelines.
The reference person designated within Haulotte is the General Secretary of the Haulotte Group, Mr. Philippe NOBLET. Should the holder of this position be called into question, the alert will be addressed to Mr. Alexandre SAUBOT, Managing Director.
You can launch an alert anonymously using the secure alert messaging service managed by external service provider WhistleB.
All messages are encrypted. To ensure the anonymity of the person sending the message, WhistleB does not record IP addresses or other metadata (i.e. data that can be linked to the person sending the message). The person sending the message also remains anonymous in the subsequent dialogue with the designated Haulotte contact.
Access to messages received via our whistleblower communication channel is restricted to designated individuals with the necessary authority to manage whistleblower files. They access encrypted messages using a personal password and a secondary password. Their actions are logged, and processing is confidential.
Where necessary, individuals whose expertise may be useful may be included in the investigation procedure. These people have access to the relevant data and are also bound by a duty of confidentiality.
If a person raises a concern directly with a supervisor, manager or by contacting the alerting team in person, the message is inserted into the alerting communication channel and handled in accordance with these guidelines.
The reference person designated within Haulotte is the General Secretary of the Haulotte Group, Mr. Philippe NOBLET. Should the holder of this position be called into question, the alert will be addressed to Mr. Alexandre SAUBOT, Managing Director.
6. How are alerts handled?
➢ Whatever the form of the alert (e-mail, post, or via WhistleB), you will receive within twenty (20) days, an acknowledgement of receipt of your alert, on the same medium as that used to launch the alert (to the e-mail address you have used or the one indicated as the chosen exchange address, or directly via WhistleB).
➢ When a report is made anonymously, no one involved in an investigation will attempt to identify the person making the report. The referrer may, if necessary, submit follow-up questions via the anonymous communication channel. The investigation of a message will never be entrusted to a person likely to be involved in, or linked to, the issue raised.
➢ When a report is made anonymously, no one involved in an investigation will attempt to identify the person making the report. The referrer may, if necessary, submit follow-up questions via the anonymous communication channel. The investigation of a message will never be entrusted to a person likely to be involved in, or linked to, the issue raised.
Alert messages are handled confidentially by the parties involved.
➢ You will then be informed of the expected timeframe within which the Ethics Officer will be able to examine the admissibility of the report
➢ The Ethics Officer will carry out the necessary investigations within a reasonable timeframe, looking for evidence to prove or disprove the alleged facts. In this case, she may call on an external service provider.
➢ If the report establishes that there has been a breach of the law, the Ethics Officer will take corrective and remedial action to prevent a recurrence by addressing the cause.
➢ You will be informed in writing when the file is closed.
7. Retention of personal data
Alerts that do not result in disciplinary or legal proceedings will be closed without further action, and all data collected will be archived anonymously. This period may not exceed thirty years.
If disciplinary or legal proceedings are instituted following a report, the data will be kept until the end of the proceedings and archived anonymously. This period may not exceed thirty years
If disciplinary or legal proceedings are instituted following a report, the data will be kept until the end of the proceedings and archived anonymously. This period may not exceed thirty years
8. Other recourse
If you feel that your report will not allow the situation to be remedied internally, or you risk retaliation:
You can refer the matter directly to the judicial authority, the competent administrative authority (see list below) or to the Rights Defender (“Défenseur des droits”), who will direct you to the appropriate authority if :
- If you don't think your report will help remedy the situation internally, or you risk retaliation.
- If you have launched an alert through the internal channel which has failed or remained unanswered within three (3) months of the acknowledgement of receipt.
You should be aware that the entire administration is under an obligation to pass on information. So, if you don't refer the matter to an authority (see list in point 10), that authority will forward your report to the competent authority.
You can always refer the matter to this authority at the same time as you refer it internally. You can also mention that you have referred the matter to a competent authority at the same time as your internal report.
In a second step, you can reveal the facts publicly:
- If you have made an external or internal report and no appropriate action has been taken within the allotted time (3 months for internal reports, 6 months for external reports).
- In the event of imminent and obvious danger to the public interest, particularly when there is an emergency situation or a risk of irreversible harm.
In all cases, you can ask the Right Defender (Défenseur des droits) to certify your status as a whistleblower.
9. General information for users of the alert system
This procedure is available on the group's website: haulotte.com.
This procedure is provided to all Company employees. It is also appended to the Company's internal regulations.
This procedure is provided to all Company employees. It is also appended to the Company's internal regulations.
10. List of competent authorities
• Public procurement:
- French Anti-Corruption Agency (AFA), for breaches of probity
- « Direction générale de la concurrence, de la consommation et de la répression des fraudes » (DGCCRF), for anti-competitive practices
- Competition authority (Autorité de la concurrence), for anti-competitive practices
• Financial services, products and markets and the prevention of money laundering and terrorist financing:
- “Autorité des marchés financiers” (AMF), for investment services providers and market infrastructures
- “Autorité de contrôle prudentiel et de resolution” (ACPR), for credit and insurance institutions
• Product safety and conformity:
- “Direction générale de la concurrence, de la consommation et de la répression des frauds” (DGCCRF)
- “Service central des armes et explosifs” (SCAE)
• Transport safety :
- “Bureau d'enquêtes sur les accidents de transport Terrestre” (BEA-TT), for land transport safety (road and rail)
- “Direction générale des affaires maritimes, de la pêche et de l'aquaculture”(DGAMPA), for maritime transport safety
• Environmental protection:
- “General Inspectorate for the Environment and Sustainable Development”(IGEDD)
• Public health:
- “Agence nationale chargée de la sécurité sanitaire de l'alimentation, de l'environnement et du travail” (ANSES)
- “Agence nationale de santé publique” (Santé publique France, SpF)
- General Inspectorate of Social Affairs (Inspecteur Général des Affaires Sociales(IGAS))
• Protection of privacy and personal data, network and information systems security:
- “Commission nationale de l'informatique et des libertés” (CNIL)
- “Agence nationale de la sécurité des systèmes d'information” (ANSSI)
• Violations affecting the financial interests of the European Union:
- French Anti-Corruption Agency (AFA), for breaches of probity
- « Direction générale des finances publiques » (DGFIP), for value-added tax fraud
- “Direction Générale des Douanes et Droits Indirects” (DGDDI), for fraud involving customs duties, anti-dumping duties and the like.
• Violations relating to the internal market:
- “Direction générale de la concurrence, de la consommation et de la répression des frauds” (DGCCRF), for anti-competitive practices
- French Competition Authority (Autorité de la concurrence), for anti-competitive practices and state aid
- “Direction générale des finances publiques” (DGFIP), for corporate tax fraud
• Individual and collective labor relations, working conditions:
- “Direction générale du travail” (DGT) ;
• Employment and vocational training:
- “Délégation générale à l'emploi et à la formation professionnelle” (DGEFP) ;
• Discrimination:
- Rights Defender (“Défenseur des droits”)