The Top Subjects and the Functional Managers are responsible for ensuring that the principles and ethical values contained in the Code are concretized, taking on responsibilities both internally and externally as well as strengthening trust, cohesion and group spirit.
Any conduct of the Consultants or Collaborators that appear to be in contrast with the Principles of this Code must be promptly reported by the employee or other Collaborators to their manager as well as to the administrative body or members.
Contractual counterparties and commercial partners must sign appropriate declarations of knowledge of the principles of this Code, undertaking to observe them in the context of relations with the Company and not to engage in any conduct that induces Savar or its Personnel in any way to violate the principles, specified in the Code.
21. Conflict of interests
In conducting their activities, Recipients must avoid situations where the parties involved in the transactions are, or may even appear, in a conflict of interest.
Conflicts of interest shall mean the case in which the Recipient pursues an interest other than the mission of the Company or performs activities that may, however, interfere with his ability to make decisions in the exclusive interest of the Company, or personally take advantage of opportunities Company's business.
Recipients shall refrain from carrying out activities contrary to the interests of the Company, being aware that the pursuit of such interest can not, however, legitimize conduct contrary to the Principles of the same.
In the event of a conflict of interest, the Recipients will inform the competent corporate body without delay, complying with the decisions that will be taken by the latter in this regard.
22. Protection of privacy, cybercrime and copyright
The company undertakes to protect, in full compliance with the provisions of EU Regulation no. 679 of 2016 (General Data Protection Regolation or GDPR) which, starting from 26/05/2018, regarding the crime of cybercrime, the personal data acquired, kept and processed within the scope of its activity in order to avoid any access or illicit or even improper use of this information.
In particular, the Company adopts specific standard procedures for the purpose of:
- provide interested parties with adequate information on the purposes and methods of data processing and storage;
- identify the hypotheses in which the processing, communication and dissemination of data must be preceded ex lege by the acquisition of the consent of the interested part;
- adopt appropriate and adequate security measures to prevent the loss, destruction and unauthorized processing or loss of personal data held by the Company;
- establish the application rules for the exercise of the rights recognized by the current legislation to the taxable persons;
- avoid unauthorized access to information systems of third parties. This action could be driven by the desire to damage an IT or telecommunications system, the data or programs contained therein or to allow the company to acquire information on competitors, with an advantage deriving from a better ability to direct decisions and business addresses;
- respect the rules on intellectual property and patent protection with particular reference to software and intellectual works.
With specific reference to intellectual property, Savar, in addition to having its business in compliance with the relevant legislation, does not market or promote products of which it does not have ownership and/or authorization nor does it advertise, promote and / or spread brands and/or third-party products without having all the necessary authorizations.
The Company takes an active part in preventing the spread of its products in compliance with applicable laws.
Each employee is asked to protect the know-how developed within the company and to refrain from disclosing it to third parties. Particular attention is paid to the prevention of conduct contrary to these directives.
Any investigation of ideas, preferences, personal tastes and, in general, the private life of employees and collaborators is forbidden.
SECTION V – Behavior in business
23. Fairness and transparency in business relations
In business relationships the Company is inspired by the principles of loyalty, fairness, transparency, efficiency and openness to the market.
The Company acts on the market without any discrimination between customers, suppliers, sectors of the Public Administration and the various local Administrations.
The Savar staff and external collaborators, whose actions may in some way be related to the same, must follow correct behavior in the conduct of business, as well as in relations with the Public Administration, regardless of the competitiveness of the market and the relevance of the deal.
Savar claims that its Representatives and Personnel do not pursue corporate or individual profit to the detriment of compliance with applicable laws and the rules contained in this Code.
In particular, no illicit advantages should be attributed to Customers or Suppliers, whether they are public or private subjects.
Practices of corruption, illegitimate favors, collusive behavior and solicitations (direct and / or through third parties) of personal and career advantages for oneself or for others are prohibited.
All personnel shall abstain in any other case where there are serious reasons of expediency or in which, also because of a serious enmity, their participation in dealing with the matter may lead to suspicions or mistrust of the Company.
Given the above, all staff, in relation to their functions, will take care of:
- select only qualified and reputable companies or interlocutors;
- promptly report to your manager or, through him / her, to the administrative body or to the members, in order to possible violations of the Code by external collaborators;
- include in the contracts, when required by the procedures, the express obligation to abide by the principles of the Code.
In any case, Company Personnel:
- will verify, in advance, the information available on the commercial counterparts, Suppliers, Partners and Consultants, in order to ascertain their respectability and the legitimacy of their activity before establishing business relationships;
- will operate in such a way as to avoid any implication in suitable operations, even potentially, to facilitate the receipt and recycling of money or other assets deriving from illicit or criminal activities, acting in full compliance with primary and secondary anti-money laundering legislation and internal procedures of control;
- will correspond remuneration commensurate with the contractually provided provision;
- will not make payments to a party other than the contractual counterparty, or to a third country other than the parties or the execution of the contract;
- will not make payments in cash in violation of the law.
24. Relations with Customers and Suppliers
The Company shows a constant sensitivity and attention to the quality of the relationship with customers and its continuous improvement, as this is a necessary precondition of the process of creation and distribution of value in the company. In fact, Clients form an integral part of the Company's corporate assets.
Trade relations must always be oriented to the respect of all the rules that pertain to the correct management of industry and commerce, avoiding, in particular, that fraudulent or illicit conduct be carried out, as well as behavior intended to violate the rules in copyright, patents and trademarks.
To protect the image and reputation of the Company - built through the commitment, dedication and professionalism of its structures - it is essential that customer relations are based:
- full transparency and fairness, also for the purpose of creating a solid relationship that enables the customer to always understand the characteristics and value of all the products and services available that he buys or is offered to him;
- maintaining high quality standards of its services and maximizing customer satisfaction. The internal procedures and IT technologies used support these purposes, also through continuous monitoring of the customers themselves;
- compliance with the law, as well as the fight against the receipt and use of money, goods or utilities of illicit origin;
- independence from any improper conditioning, both internal and external.
Furthermore, when starting up business relationships with new customers and managing existing ones, taking into account the information available, it is necessary to avoid:
- entertain relationships, direct or indirect, with subjects of which it is known, or only suspected, the implication in illicit activities, in particular connected to the trafficking of weapons and drugs, recycling and terrorism, and, however, with people without of the necessary requisites of seriousness and commercial reliability;
- finance activities aimed at the production or marketing of highly polluting or dangerous products for the environment and health;
- maintain financial relationships with those economic activities that, even indirectly, hinder human development and contribute to violating the fundamental rights of the person (for example by exploiting the employment of child labor).
The principles applied to relations with customers must characterize the Company's commercial relations with its suppliers with which it undertakes to develop relationships of correctness and transparency. In particular, they are insured:
- standard methods of selection and management of suppliers, ensuring them equal dignity and opportunities. In the selection process of Suppliers, objective and transparent evaluations of their professionalism and entrepreneurial structure, quality, price, methods of carrying out the service and delivery will be taken into account. Furthermore, we will periodically evaluate their compatibility and adequacy with the size and needs of the Company;
- criteria and systems for constant monitoring of the quality of services and of the goods / services provided;
- supply contracts based on fairness, above all with reference to payment terms and to the burden of administrative obligations.
Adherence to the above principles is guaranteed by the adoption and compliance with internal procedures regarding the purchase and selection of suppliers.
Suppliers are sensitized to carry out their activities according to standards of conduct consistent with those indicated in the Code. In particular, they must ensure reliability in the business, respect the rights of their workers, invest in quality and responsibly manage environmental and social impacts.
25. Relations with the Public Administration
If necessary, the Company identifies and defines the channels of communication with all the interlocutors of the Public Administration (by way of example, the Ministries, the Competition and Market Authority, the Authority for Communications Guarantees). , the Authority for the protection of personal data, the Inland Revenue, the Customs Authority, etc.) both at the local level, both nationally and internationally.
In particular, the possible assumption of commitments to the Public Administration (hereinafter, also PA) is reserved for the company functions appointed and authorized, which are required to perform their duties with integrity, independence and fairness. Relationships are also based on maximum collaboration, in any case having to avoid hindering their institutional activity and are carried out, preserving, in relations with them, correct areas of mutual independence avoiding any action or attitude that can be interpreted as an attempt to influence improperly decisions.
With reference to relations with the Public Administration, the Recipients are prohibited from promising or offering to Public Officials or Public Service Officers, or to employees in general of the Public Administration for themselves or for third gifts (not only in the form of money, but also assets), benefits or other benefits to promote or favor the interests of the Company in the assumption of commitments and / or management of relationships of any kind with the Public Administration (for example, in the case of stipulation and provision of contracts, adjudication and management of authorizations, inspection activities, control or in the context of judicial procedures ..).
The Recipients are required to verify that the public disbursements, contributions or subsidized loans granted to the Company are used to carry out the activities or carry out the initiatives for which they were granted; any use other than that for which they were provided is prohibited.
Anyone who receives explicit or implicit requests or proposals for benefits of any kind from Public Officials or Public Service Representatives must immediately:
- suspend all relations with them;
- report the incident to his own direct superior and inform in writing the administrative body and / or the members.
26. Relations with the competition
It is essential that the market is based on proper competition. the Company and its collaborators are therefore committed to the maximum observance of laws regarding the protection of competition and the market.
27. Relations with third parties in general
The Company is particularly careful to develop a relationship of trust with all its possible interlocutors, that is individuals, groups or institutions whose contribution is necessary to pursue its corporate mission, as well as with collaborators, customers, suppliers, partners in business, public institutions, the market, political, trade union and social organizations and any other person, whose interests may be, directly or indirectly, influenced by the Company's activities.
In carrying out its activities, the Company conforms to the principles of loyalty and fairness, requiring all those acting on its behalf to behave honestly, transparently and comply with the laws in any relationship they hold, not tolerating corruptive and / or collusive conduct, no undue favoritism.
The Company, in the awareness of the importance of the services rendered, ensures the transparency of its action and its behavior.
Employees and collaborators are forbidden to give / offer and / or accept / receive, even through a third party, gifts, benefits and / or any other benefits, personal or otherwise, within the scope of the Company's activities, such as to generate even the suspicion of having acted in the interest and on behalf of the same, with the exception of gifts of modest value due to normal courtesy or commercial practices.
28. Gifts, gifts and sponsorships with third parties in general
The Company's personnel, as already mentioned, must not directly or indirectly solicit, promise, offer, receive or pay sums of money or other benefits (including gifts, gifts with the exception of objects of modest value) even as a result of illicit pressures.
If an employee receives a payment that is economically higher than the set limit of € 50.00, inappropriate or in any case not limited to honoring a simple relationship of cordiality, he must immediately inform his manager.
Savar has established a procedure that establishes criteria and methods of disbursement as well as the receipt of gifts and gifts.
Finally, the activities for which the Company may grant sponsorship must concern events or conferences related to the company's business or issues of social value. However, in the evaluation of sponsorships, the Company's top management pays particular attention to possible conflicts of interests of an individual or company nature.
These provisions can not be circumvented by resorting to forms of contributions that, in the capacity of sponsorships, assignments, consultancy, advertising, etc., have, in fact, the same purposes as those prohibited above.
SECTION VI – Implementation Mode
29. Ethical Code
The control, implementation and compliance with this Ethical Code is entrusted to the administrative body of the Company and to the shareholders. In particular, the controls concern:
- check compliance with the Ethical Code, with a view to reducing the danger of committing the offenses provided for by Legislative Decree 231/01;
- follow and coordinate the updating of the Code of Ethics, including through its own adaptation and / or update proposals;
- to promote and monitor initiatives aimed at promoting the communication and dissemination of Ethical Code to all the subjects required to comply with the related requirements and principles;
- formulate its observations on the alleged violations of Ethical Code of which it is aware, reporting to the competent corporate bodies any infractions detected.
30. Ethical Code's violations, reports and sanctions
The Recipients of this Code are obliged to report any instructions received that are in contrast with the law, employment contracts, internal regulations and this Ethical Code.
Failure to comply with the reporting obligation is expressly sanctioned.
In particular, any violation of the principles and provisions contained in this Code of Ethics shall promptly be reported by the Recipients, in writing, also in anonymous form, to the administrative body and / or to the members.
In this regard, in fulfillment of the provisions pursuant to art. 6, paragraph 2-bis of the Decree (introduced by Article 2 of Law No. 179/2017), the Company has set up the following channels through which the recipients can submit, to protect the integrity of the Company, detailed reports of relevant unlawful conduct pursuant to the Decree and based on precise and concordant factual elements or breaches of the Model they have come to know due to the functions performed:
- by e-mail addressed to the dedicated e-mail box or, email@example.com;
- by hand, in a sealed envelope, to be deposited in the special lockable box, placed at the entrance of the company and accessible exclusively to the administrative body.
Further and different channels may be set up by the Company, which in this case will provide adequate information to the interested parties.
All reports received through the aforementioned channels are managed in accordance with procedures that guarantee the confidentiality of the identity of the reporting agent in the management of the report and in compliance with the legislation on privacy matters.
All reports received are evaluated by the administrative body; we will not take into consideration vague, unsubstantiated reports that do not refer to factual and consistent facts, or that are evidently made in bad faith or have a libelous or defamatory content.
Anonymous reports, that is to say without any elements allowing the identification of their author, provided that they are delivered in the manner provided for in this document, will be taken into consideration by the administrative body, if they are adequately detailed and made in great detail. such as to bring out facts and situations by relating them to certain contexts (eg indications of special names or qualifications, mention of specific offices, procedures or special events, etc).
The administrative body and / or the shareholders assess the existence and the risk of the violations highlighted in relation to company values and current regulations; also evaluates violations of the Code and the existence of criminal assumptions, always within the scope of their duties and functions pursuant to Legislative Decree 231/01.
The Company will not tolerate any kind of retaliation, discrimination and penalization for reports that have been made in good faith, without prejudice to legal obligations and the protection of the rights of those who are wrongly and / or in bad faith.
As regards the typification of violations of the provisions and principles of this Code of Ethics, as well as the related applicable sanctions, reference should be made to the provisions of the Sanctions System, specifically issued by the Company.
In a nutshell, the Sanction System identifies:
- recipient subjects;
- the type of relevant violations;
- the criteria for identifying and imposing sanctions;
- the type of penalties applicable;
- the procedure for the concrete application of disciplinary measures.
In particular, the sanctioning system, within the limits and according to the requirements established therein, is aimed at:
- Subordinate employees;
- Members of the Corporate Bodies;
- Consultants (consulting firm, professionals, etc.); Employees (parasubordinate workers, agents - eg promoters -, interns, etc.); Providers; other Third Parties who have contractual relations with the company (for example, outsourcing companies, temporary and dependent employees, etc.) - below, Third Parties.
With reference to subordinated employees, the disciplinary sanctions established by the respective National Collective Labor Contract applied by the Company, in compliance with the procedures established by Law no. 300 of 1970 - the c.d. Workers' Statute. The disciplinary measures applicable to them are:
- verbal reprimand;
- written reprimand;
- suspension from the service and the economic treatment for a period not exceeding that established by the National Collective Labor Agreement;
- dismissal for notable breach of contractual obligations of the employee (justified reason);
- dismissal for a lack so serious as not to allow the continuation of the relationship even provisionally (just cause);
In relation to the Director or the Directors and Statutory Auditors (if appointed), the disciplinary measures applicable to them are the warning, the reduction of emoluments or, in the most serious cases, the convening of the Shareholders' Meeting for the adoption of the suspension provision or revocation.
With regard to Third Party Recipients, by virtue of specific clauses included in the relevant contractual relations, any failure to comply with the principles and rules contained in this Ethical Code, implies the imposition of sanctions for the warning, the application of a penalty or termination of the contract.