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INFORMATION MANAGEMENT PROCEDURE

 

Objective and scope

Objective: The objective of this document is to establish a procedure to regulate the management of the Internal Reporting System for irregularities that are submitted through the Internal Reporting Channel of the following entities operating under the OZONE BOWLING brand:

  • OZONE SPORT CLUB S.L.
  • OZONE BOWLING S.L.
  • BOWLING SAN VICENTE S.L.
  • JUYBOL S.L.
  • LONIMARE S.L.
  • OZONE BOWLING MURCIA S.L.
  • OZONE BOWLING SUR S.L.
  • OZONE ORENES BOWLING S.L.
  • OZONE BOWLING EUSKADI S.L.
  • OZONE BOWLING ZARAGOZA S.L.
  • OZONE BOWLING MADRID S.L.
  • OZONE BOWLING CANARIAS 2022 S.L.
  • VALDEBOL GAMES S.L.
  • OZONE BOWLING ALBACETE S.L.
  • OZONE GAMES ZARAGOZA S.L.
  • OZONE BOWLING LLEIDA S.L.
  • OZONE INSULAR 2023, S.L.

This Channel may be used to report breaches of applicable regulations (laws and/or lower-ranking provisions), as well as internal regulations - Code of Ethics, as well as other codes, regulations, rules and procedures defined in the entities, and any situations or events that require the attention of the Compliance Unit of the entities in matters affecting the entity, its Professionals or its activities (hereinafter, these documents are referred to jointly as the Rules).

This procedure is established to ensure that, if an action contrary to the provisions of the Standards is reported, it will be handled in a diligent and confidential manner, ensuring the anonymity and/or confidentiality of the identity of the person reporting, the person or people affected and any third party mentioned in the communication.

To this end, an internal reporting channel is available , accessible from the organization's website, through which any employee can anonymously or confidentially report any irregularity or non-compliance with both external and internal regulations.

Likewise, it is guaranteed that no reprisals will be taken against informants who report in good faith, alleged non-compliance or irregularities. It is intended to explain to all people related to the entities that they can and should report illegal activities without fear of being persecuted, discriminated against or suffering any other type of reprisal.

The internal information system reaffirms the commitment acquired by the entities that any illicit activity by the entity and any of the people related to it, will be treated confidentially and will be rigorously investigated, adopting the appropriate measures in accordance with internal and external regulations.

This procedure implies a commitment on the part of all people related to the entities to act in a responsible manner, in order to maintain the good reputation of the organization and to proceed in an honest manner in the event of a possible infringement that may harm it.

Scope: In terms of scope, this procedure shall be mandatory for all entities listed above.

Definitions and remarks

For the sake of inclusiveness and clarity, the following definitions are established:

  • Person concerned or reportedThe person concerned is the natural person to whom the reporting person attributes the commission of the infringements referred to in article 2 of Law 2/2023. It will also be considered as affected person, the person who, without having been the subject of communication by the informant, through the acts of investigation of the procedure, has become aware of the alleged commission by the latter, of the aforementioned infringements.
  • Reporting person or whistleblowermeans the natural or legal person who has obtained information on infringements in an occupational or professional context and who brings them to the attention of one of the entities, including in any case those provided for in Article 3, paragraphs 1 and 2 of Law 2/2023.
  • Third partiesThird parties: natural people who may have knowledge of aspects related to the reported infringement, either as direct or indirect witnesses, and who may contribute information to the procedure.
  • Irregularity or non-complianceIrregularity or non-compliance: this refers to the transgression or performance of practices contrary to the principles established in the Code of Ethics, the rules and procedures defined in any of the entities as well as the applicable external regulations and any situation or fact that requires the attention of the Compliance Unit of any of the entities in matters that impact the organization, its employees or its activities.
  • Internal Information System (SII)is the set of processes and internal information channels established, which the entities make available to the reporting people so that they can make communications on the actions or omissions provided for in article 2 of Law 2/2023, and their subsequent treatment with the functions and contents set forth in article 5.2 of said regulation.
  • Internal information channelInternal information channel: is the channel specifically set up by the entities to receive information. The information received by any other means in the entities related to the object of this procedure shall be forwarded to the internal information channel created in the entities under the administration of the RSII person.
  • Information management system: technological platform integrated in the Internal Information System, the purpose of which is the keeping, registration and conservation of the actions that take place as a consequence of the presentation of a communication to which Law 2/2023 is applicable.
  • Management of the Internal Information System by an external third party: refers to the receipt of information or communications by an external third party, not implying an attribution of responsibility by the external third party, which corresponds to the person responsible for the Internal Information System.
  • Remaining definitionsTerms not defined in this section shall be interpreted in accordance with the law 2/2023 of February 20th and the relevant legislation.

Remarks:

Deadlines:

    • Time periods expressed in months shall be computed from date to date.
    • Time periods computed in days shall be considered working days, unless expressly indicated as calendar days.
    • Saturdays, Sundays and declared holidays are excluded from the calculation of the period in working days.

 

Reporting irregularities
  • Identification of an irregularity

Any person who becomes aware of irregular conduct, non-compliance or violation of the Rules has the responsibility to report it immediately. The internal reporting channel of the entities has a drop-down list detailing the different types of conduct to be reported in accordance with Directive (EU) 2019/1937 and state regulations.

The internal information channel is the preferred channel through which communications should be made. This internal channel allows written communications to be made through the electronic means provided for this purpose.

When a report is received through the Internal Reporting Channel, an acknowledgement of receipt will be issued within a maximum period of seven calendar days from its receipt, of which the reporting person will be informed by means of an e-mail alert, or in the case of having made an anonymous report, may follow up through the link provided when making the report.

If necessary, communication may be maintained with the informant and, if necessary, additional information may be requested from him/her to assist in the process of processing the communication. All this will be carried out in an environment of security and confidentiality.

If the communication is not made through the internal information channel and other forms of communication are used, the entities guarantee in any case the confidentiality of the information, which will be treated in a secure environment and in compliance with the legally required data protection provisions.

The person receiving any irregularity that arrives in the compliance mailboxes or R.R.H.H. mailboxes or by any other means, shall immediately notify the RSII person.

The exchange of information between individuals and departments, as a result of the information received through different Channels, shall always be carried out under conditions of confidentiality. The objective will be to coordinate in an appropriate manner and ensure compliance with the provisions of this procedure.

In addition, a person who identifies irregular conduct, non-compliance or violation of the rules also has the option of informing the competent authorities and, if appropriate, institutions, bodies, organs or agencies of the European Union.

In Spain, they may contact, by way of example, the AII (Independent Reporting Authority), AEPD (Spanish Data Protection Agency), www.aepd.es or the CNMC (National Commission for Markets and Competition) www.cnmc.es, depending on the nature of the irregularity.

  • Communication and reception of communication

The communication should be as detailed and descriptive as possible, with the purpose of making it easier for the recipient to identify the potentially irregular conduct and the person(s) or department(s) involved.

Anyone making a communication must do so according to an unwaivable principle of good faith, backing up their claims with solid reasons and objective evidence to support the existence of the non-compliance.

In any case, given the possibility of anonymity in the internal information channel, communications should include all the necessary data to analyze the facts and, as far as possible, the following information:

    • Relationship of the informant with any of the entities integrated in the Ozone Bowling brand.
    • Identification of the center.
    • Identification of the companies or business areas involved.
    • Detailed description of the facts.
    • Identification of the department, location, province, etc., in which the events occurred.
    • Identification of the person(s) related to or with knowledge of the conduct reported.
    • Identification of witnesses, if any.
    • Date and time (moment) when the event occurred or has been occurring.
    • If possible, quantification of the impact of the reported situation.
    • Additional documentation, files or other relevant information that may contribute to the evaluation and resolution of the communication.

Once the data of the communication form is completed, the informant must ACCEPT the privacy policy of our entity and the terms of use of the provider of the aforementioned platform and click SEND REPORT.

Once the complaint has been sent, an e-mail is received with a code that must be entered and from here the final complaint will be sent.

If the information was sent anonymously, a tracking code is provided, and the status of the communications received can be consulted through the "Information tracking" tab.

The reporting person will access the communication form again and will be able to consult all the progress made on the communication.

Finally, in the event that the person responsible or communicates with the informant, he/she will receive an alert to his/her e-mail address if he/she has provided it. If it has not been provided because the communication is anonymous, you can consult the communications in the tracking link itself.

The resolution will be sent as an attached document, which can be downloaded by clicking on attached documents on the left margin.

  • Receipt and classification of communications

The Internal Information Channel may be used through the access provided on the company's own website. Communications submitted through the Internal Information Channel will be received by the person responsible for the SII of the entities.

    • Registration of communications:

The communication channel provided herein allows for written and confidential communications throughout the procedure, both for the informant and the affected person, allowing for two-way communication between the RSII and the informant, even if the latter has submitted the complaint/communication anonymously, and the RSII and the denounced or affected person, in the event that his/her data is available for notifications.

In order to guarantee the rigor of the investigation and confidentiality in the treatment of communications, these must contain at least, and depending on the case, the following mentions:

    • Relationship with the organization (whether it is an internal or external relationship), i.e., the person's relationship with the Company.
    • Typology of the conduct to be reported in accordance with Directive (EU) 2019/1937 and state regulations.
    • Type of communication (anonymous or confidential).
    • Name and surname, e-mail address and telephone number, in case the communication is confidential.
    • Description of the communication.
    • Date of the incident: date on which the events occurred, if applicable.
    • Identification of witnesses, if any; name and surname(s) known and known contact person(s) should be provided.
    • Identification of the person or people to whom the non-compliance is attributed and contact details, if known.
    • Evidence: proof of the facts reported, whenever possible.

Upon receipt of the communications, the person in charge of the SII will determine at an initial stage whether the information provided constitutes a possible irregularity to be investigated and the appropriate resources, methods and procedures will be selected to investigate each communication, taking into account the nature and seriousness of the communication:

    • Communications related to labor or human resources issues.
    • Communications related to financial or accounting aspects.
    • Communications that refer to other aspects of external regulation.
    • Other communications or complaints.

If it is considered that the communication is not admissible, it will be anonymized and the essential data will be kept for the purpose of proving that the information received has been correctly processed.

If a communication is deemed admissible, the analysis shall be coordinated with the corresponding Compliance Unit, unless the communication directly affects a member of said Unit.

The person in charge shall be responsible for carrying out the necessary procedures to clarify the reported facts and may request the support of specialists in case of doubt or need, always with the prior authorization of the Directorate. The specialists shall comply with all the principles, rights and obligations present in this procedure.

For the due development of the investigation, all the diligences or investigations that are considered appropriate to verify the veracity of the information communicated may be carried out, as long as they are accepted by the labor regulations in force.

Such proceedings may consist of:

    • Interviews with the person under investigation or with other people, which shall be duly documented and recorded.
    • Requests for information and documentation from the person under investigation or third parties.
    • Collect all the information or documentation it deems necessary from all areas of the entities, respecting the applicable regulations on personal data protection, the applicable labor law and the fundamental rights of the person under investigation.
    • Request the support of external researchers for the analysis of certain information, with the prior authorization of the RSII person.
    • Any other diligence that the external third party deems necessary to carry out the investigation.

All proceedings shall be confidential and must be recorded in writing to prove that they have been carried out.

Given the relevance or risk value of the reported facts, these facts may be communicated in advance and exceptionally to the Management of the entities, if the reported facts are considered to be indicted as criminal and, in collaboration with the Legal and Compliance Officer of the entities, the Public Prosecutor's Office or the European Public Prosecutor's Office will be informed if the facts affect the European interests of the Union.

Decisions made by the entities ' management during this phase must be duly documented.

The final report will contain:

    • The proposal for sanction or closure of the case, duly justified.
    • The proceedings carried out with the results obtained.
    • Possible breaches of internal regulations or policies or violated procedures.
    • A proposal for disciplinary measures with respect to the person or people responsible.
    • The allegations of the person under investigation, granting him/her a period of no less than ten working days, so that he/she may make allegations and provide the evidence he/she deems appropriate.

The final report on the content of the communication will be sent, in the event of a sanction proposal, to the Management of the company from which the conduct originates, which will be the one to execute the sanction based on the information that has been sent to it.

Once the person under investigation has been sanctioned, the communication will be filed and recorded with all the information of the process.

  • Communication to the reporting person

At the time of reporting the information will be provided to the reporting person:

    • Information that your identity will in any case be kept confidential and will not be communicated to the people to whom the facts reported refer or to third parties.
    • Information regarding the processing of personal data, in accordance with articles 12 and 13 of the GDPR.
    • Information on the possibility of submitting the information to the Independent Whistleblower Protection Authority.

With respect to Third Parties appearing in the proceedings, they will be provided, at the time of such appearance, with information regarding the processing of their personal data in accordance with the provisions of Articles 12 and 13 of the GDPR.

If the communication is confirmed as an irregularity after analysis of the information provided, the reporting person who has provided a means of contact will be contacted, if additional information is required, and within a reasonable period of time, which shall not exceed three months from the notification of the acknowledgement of receipt, or if no acknowledgement of receipt was sent to the reporting person, three months and seven days (which could be extended to six months in exceptionally complex cases) from the receipt of the communication.

During this period, the reporting person will be kept informed of the status of the communication through the internal information channel.

In the case of communications that do not constitute irregularities, but may be considered other types of complaints or requests for information, they will be redirected to the corresponding unit, area or department, for analysis or management, and the response will be notified accordingly.

  • Information to the affected person

At the time and in the manner deemed appropriate to ensure the proper completion of the investigation, and in coordination, if necessary, with Managers or other people collaborating in the investigation process, the person concerned shall be duly informed of the actions and omissions attributed to him/her.

The affected person shall have the right to be heard at any time during the investigation of the reported facts, and his or her statement shall be formally documented. In no case shall the identity of the informant be revealed.

The person receiving the communication and the person processing it will always respect the presumption of innocence of the affected person, as well as his or her right to honor.

  • Protection of personal data

The investigation of well-founded communications must be concluded within a maximum period of three months from the date of the communication.

Personal data from communications that are not investigated or are unfounded must be deleted or anonymized within three months of receipt. Personal data of communications that are not investigated may be retained after this period, provided that the purpose is to document and leave evidence of the operation of the system.

The entities have a record of the information received and the internal investigations to which it has given rise, in compliance with the legislation in force.

Personal data will be retained for as long as necessary and appropriate to comply with legal obligations, but in no case may data be retained for a period longer than ten years.

The processing of personal data related to information received and research conducted by the entities is intended to comply with legal obligations and to carry out the necessary investigative actions.

In no case will personal data be processed that are not necessary to know and investigate the actions or omissions, and they will be immediately deleted when appropriate. Likewise, any personal data that may have been communicated and that refer to conduct that is not included in the scope of application of the law will be deleted.

Likewise, if the information received contains personal data included within the special categories of data, it will be immediately deleted, without proceeding to the registration and processing of the same.

Communications received through channels other than the Internal Reporting Channel, such as compliance mailboxes or R.R.H.H., must be eliminated immediately after informing the responsible person.

Access to personal data included in the Internal Information System shall be restricted, within their respective competences and functions, only to:

    • The RSII person and whoever manages it directly (if applicable).
    • The person responsible for Human Resources or the competent designated body, only when disciplinary measures may be taken against an employee.
    • The person in charge of the legal services of the entity, if the adoption of legal measures related to the reported facts is required.
    • People in charge of the treatment designated in eventual cases.
    • The Data Protection Officer, if appointed.

However, the processing of data by other people, including their communication to third parties, will be permitted if it is necessary to implement corrective measures in the entity or to carry out sanctioning or criminal proceedings that may apply.

If it is verified that the personal data provided in the communication is inaccurate, it will be immediately deleted as soon as it becomes known, except if such inaccuracy could constitute a criminal offense, in which case the information will be retained for the time necessary to process the legal proceedings.

Users of the Internal Information Channel may exercise, if applicable, their rights of access, rectification, deletion, opposition, limitation and portability of personal data collected therein. To do so, they may submit a communication addressed to the entities, adequately proving their identity and their status as a user of the Internal Information Channel.

Employees and collaborators of the entities, as possible subjects affected by the communications, shall be informed of the existence of this internal information system and its general principles through the policies for employees and collaborators.

The entities undertake to implement the necessary technical and organizational measures to ensure the security, integrity, availability and confidentiality of the data provided.

Entities shall always operate in accordance with current legislation and the values, principles and procedures established in their internal regulations.

 

Rights of reporting persons

Informants shall be guaranteed the effective exercise of the following rights, without prejudice to any other rights recognized to them by the Constitution and the law:

  • To submit information anonymously and to remain anonymous during the procedure.
  • To indicate an address, e-mail or safe place to receive communications from the RSII person.
  • To appear before RSII or the external third party (if contracted) on its own initiative.
  • To the waiver to communicate with the RSII person or the external third party (if hired) that instructs the procedure and, if applicable, to the revocation of such waiver at any time.
  • To the preservation of their identity.
  • To the protection of your personal data.
  • To know the identity of the external third party conducting the procedure, if applicable.
  • Confidentiality of communications.
  • To protection and support measures under the terms of Law 2/2023.
  • To file a complaint with the Independent Whistleblower Protection Authority.

Third Parties in the proceedings are granted the rights provided for in letters b), c), e), f) and h) above, without prejudice to the possibility of extending to them and, as far as possible, the measures of support and protection of the informant provided for in Law 2/2023.

 

Rights of affected persons

The affected people have the rights recognized to them by the Constitution and the laws, which must be guaranteed by RSII, and especially the following:

  • To be informed as soon as possible of the information that affects them.
  • To honor and privacy.
  • To the presumption of innocence, and to use all legally valid means for their defense.
  • To be assisted by counsel.
  • To access to the proceedings against them, without prejudice to the time limitations that may be adopted to ensure the outcome of the proceedings.
  • To know the identity of the external third party conducting the procedure, if applicable.
  • To the preservation of his or her identity, in the face of any person outside the RSII person.
  • To the protection of your personal data.
  • Confidentiality of communications.
Process management

The administration of this procedure is the responsibility of the RSII person and its final approval will be the responsibility of the Board of Directors.

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