Whistleblowing procedure – English

Pursuant to Directive 2019/1937 of the European Parliament and of the Council of 23.10.2019 on the protection of whistleblowers, also known as the “Whistleblower Protection Directive”, mechanisms have been put in place to enable the reporting of any legal violations and irregularities related to operation of Mobica Group companies, and the purpose of this procedure is to regulate them and enable their correct usage.

1. Definitions

1. Whenever this procedure makes a reference to:
  1. Mobica – this shall be understood as companies affiliated with the Mobica Group, i.e. Mobica Limited, Mobica US Inc., Mobica Limited Sp. z o. o. Branch in Poland, Mobica Technologies Poland Sp. z o.o. and Mobica GmbH.
  2. a Whistleblower – this shall be understood as a person who, in connection with their duties, work or a contract performed, or a person remaining in other legal relationships who, reported an irregularity or provided assistance in reporting an irregularity by another person, in particular by providing that person with information on the irregularity. Any natural person may be a whistleblower irrespective of their employment basis or the nature of the legal relationship between them and their employer to which the irregularities reported relate, even after that relationship has ended. Whistleblowers are subject to legal protection to the extent and according to the principles set out in the relevant act of law.
  3. Report Form – this shall be understood as the Notification Form (https://docs.google.com/forms/d/e/1FAIpQLScjDoNYGxH31h2FwzOIs-qmjqTR-Vvho_CXuGPwJE1V1yEF_w/viewform).
  4. the Team responsible for receiving and processing reports – this shall be understood to mean a team made up of two employees of the internal legal department.
2. Depending on the context, words used in the singular also include the plural and vice versa.

2. General Provisions

1. 1. This Procedure serves the purpose of reporting irregularities and breaches of law. Other issues relating to day-to-day work problems should be dealt with on the basis of existing company relationships or other internal regulations
  2. This Procedure puts in place, in Mobica, rules for the actions to be taken by the Team responsible for receiving reports, within the scope of their powers, with the purpose of clarifying the information reported by the Whistleblowers that may indicate irregularities and taking corrective action.
  3. The purpose of the Procedure is to establish an effective and uniform whistleblowing system in Mobica, by creating secure reporting channels that prevent any retaliation against the Whistleblower.
  4. In particular, this Procedure defines:
    1. 1. the scope of irregularities covered by the procedure,
      2. the scope of persons entitled to report, i.e. the Whistleblowers,
      3. the scope of entities to which reporting irregularities and breaches of law may relate,
      4. the rules of reporting irregularities by a Whistleblower,
      5. the process of investigating and processing irregularities and breaches of law,
      6. rules of confidentiality, in particular the rules of preserving the confidentiality of the irregularity reports made by the Whistleblowers and their identity.

3. Scope of Procedure

1. 1. The provisions of this Procedure apply to Whistleblowers, i.e. persons who, in connection with their duties, work or a contract performed, or persons remaining in other legal relationships who, reported an irregularity or provided assistance in reporting an irregularity by another person, in particular by providing that person with information on the irregularity. Any natural person may be a whistleblower irrespective of their employment basis or the nature of the legal relationship between them and Mobica. Whistleblowers are subject to legal protection to the extent and according to the principles set out in the relevant act of law.
  2. The reporting of irregularities may in particular pertain to the following entities:
    1. All Mobica companies,
    2. Members of Mobica governing bodies,
    3. Employees of Mobica and persons with whom Mobica cooperates,
    4. Subcontractors or other enterprises
  3. The irregularities and breaches of law should be understood, in particular, as information in the possession of the Whistleblowers that could be indicative of:
    1. 1. Suspicion of preparation, attempt or commission of a wrongful act by the entities referred to in section 2 above,
      2. Failure to fulfil obligations or an abuse of power by the entities referred to in section 2 above,
      3. Failure to exercise due diligence required under the circumstances in the activities of the entities referred to in section 2 above,
      4. Irregularities in the organisation of Mobica’s activities that could lead to the commission of a wrongful act or to causing damage,
      5. Violation of internal procedures and ethical standards adopted in Mobica,
      6. Breach of law by Mobica in the light of other legal norms.

4. Team Responsible for Receiving and Processing Reports

1. 1. The entity responsible for receiving and processing reports of irregularities and breaches of law in Mobica and exercising overall supervision in this regard is a team consisting of two authorised and trained employees of the internal legal department.
  2. The team responsible for receiving and processing reports is obliged to maintain strict confidentiality with regard to the Whistleblowers and to any information acquired through the receipt and processing of the reports.
  3. Where an irregularity report involves a member of the team responsible for receiving and processing reports in Mobica, the entity responsible for receiving and processing such an irregularity report is Mobica's management board.

5. Whistleblower Protection

1. 1. Protection shall be granted to Whistleblowers who have made an irregularity report in good faith, from the moment the report is made, regardless of whether the report has subsequently resulted in confirmation of accuracy of the information contained therein.

1. 1. The good faith of the whistleblower shall be assessed according to the state of affairs existing at the date of the report.

1. 1. A whistleblower shall be presumed to have acted in good faith unless:

1. 1. 1. the circumstances of the particular case clearly do not warrant belief in the accuracy of the information provided, or,
    2. the irregularity is reported with a view to infringing the law or rules of social conduct, or,
    3. in the report they have concealed their role in causing the reported irregularity.

1. 1. In particular, the reporting of irregularities by a whistleblower for the purpose of obtaining an economic or personal benefit shall be deemed to be contrary to the principles of social conduct.

1. 1. The procedure as well as the internal reporting system allows irregularities and breaches of law to be reported anonymously.
  2. The identity of the Whistleblower is strictly protected and can only be disclosed with the express consent of the Whistleblower

6. Whistleblowing and Legal Violation Reporting Channels

1. 1. A whistleblower may report irregularities and breaches of law through the following whistleblowing channels:

1. 1. 1. an internal channel – created by Mobica,
    2. External whistleblowing systems – established and operated by designated public authorities. Such reports may be sent to:
      - the Ombudsman (central body),
      - public authorities (e.g. Office of Competition and Consumer Protection).
    3. Public disclosure – reporting to institutions, social organisations, other authorities (other than those designated to receive external reports) and the media. Public disclosure is only possible in the following cases:
      - Failure to respond to an internal or external report, i.e. the Whistleblower had first submitted an internal and an external report or immediately an external report and no appropriate action was taken within respective deadlines.
      - An emergency situation in the sense of a high risk to the public interest, fear of retaliation, fear of evidence being removed. This refers to situations where the Whistleblower has reason to believe that a report may pose an immediate or apparent threat to the public interest, or where the Whistleblower is at risk of retaliation after making an external report, or suspects that the likelihood of the reported problem being solved is low.

7. Internal Whistleblowing and Legal Violation Reporting Channel

1. Mobica provides the following options for Whistleblowers to report irregularities and breaches of law within its internal whistleblowing channel:
  1. Written report – via a report form (https://docs.google.com/forms/d/e/1FAIpQLScjDoNYGxH31h2FwzOIs-qmjqTR-Vvho_CXuGPwJE1V1yEF_w/viewform) available on the intranet and on the website. The report form allows anonymous reporting.
  2. Oral report – upon an express request of the Whistleblower, Mobica will provide the opportunity to make a report by telephone or other voice communications systems. The wish to make an oral report must be made in writing via the form in the section “what is being reported”.

1. The team responsible for receiving and processing reports must acknowledge receipt of the report within 7 days of submission.

8. Process of Investigating and Processing Reports Concerning Irregularities and Breaches of Law

1. The team responsible for receiving and processing reports concerning irregularities and breaches of law will, upon receipt of a report, institute explanatory (review) proceedings.

1. In the course of the explanatory (review) proceedings, the team responsible for receiving and processing the reports is entitled to contact the Whistleblower in order to complete any missing information or other data necessary for carrying out the explanatory (review) proceedings that was not included in the report form.

1. It is the responsibility of the team responsible for receiving and processing reports to provide feedback on the case to the Whistleblower no later than 3 months from the date of the acknowledgement of receipt of the report.

1. Providing feedback does not imply conclusion of the explanatory (review) proceedings. Feedback shall in particular include information on whether or not a breach of law has been established and on any measures taken or to be taken in response to the irregularity and/or breach of the law identified.

1. In the course of the explanatory (review) proceedings, all personal data and information concerning the case shall be subject to strict confidentiality and processed in accordance with rules of confidentiality.

9. Data Protection

1. The basic legal act according to which Mobica processes personal data contained in reports of irregularities and breaches of law is Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, hereinafter referred to as the General Data Protection Regulation (GDPR).
2. Personal data processed in connection with receipt of a report shall be stored by Mobica for no longer than 5 years from the date of receipt of the report.

Internal Procedure for Reporting Irregularities and Breaches of Law (Whistleblowing Procedure)