Last update: July 2024
GR8 Events is an events agency part of the COSMOS – VIAGENS E TURISMO S.A. group, distinguished by its excellence in creating and producing events with innovative and creative solutions, helping clients captivate audiences through their events.
In compliance with the provisions of Law No. 93/2021, of December 20, COSMOS - VIAGENS E TURISMO S.A. defines, on behalf of all companies of the Cosmos group, through this Policy, the rules applicable to the internal reporting of infractions, encouraging all those who become aware of irregularities in the context of the development of their professional relationship with any of the companies, to report such situations which would otherwise remain undetected.
To this end, an internal whistleblowing channel is created, with appropriate guarantees of confidentiality and protection of whistleblowers against any act of retaliation.
COSMOS - VIAGENS E TURISMO S.A., as well as the companies within the group, also undertake the commitment to investigate all reports presented and, subsequently, to act diligently in order to put an end to any irregular situation that may be identified.
1. Object
Through this Policy, the regime of the internal whistleblowing channel created for the communication and follow-up of breaches of Union Law or the practice of other crimes in the COSMOS Group is defined.
2. Subjective scope of application
2.1. This Policy is applicable to any natural person who reports or publicly discloses an infringement based on information obtained in the course of their professional activity, regardless of the nature of this activity and the sector in which it is carried out, namely:
a) Employees;
b) Service providers, contractors, subcontractors, suppliers and any persons acting under their supervision or direction;
c) Shareholders;
d) Members of the [management/administrative], audit, or supervisory bodies, including non-executive members;
e) Volunteers;
f) Interns.
2.2. This Policy applies to the persons identified in 2.1, even if the underlying information of the report was obtained in the context of a professional relationship that has ended, during the recruitment process or in a pre-contractual negotiation phase and even if no professional relationship with COSMOS - VIAGENS E TURISMO S.A. has been established.
2.3. The internal whistleblowing channel is not intended for the submission of any customer complaints or claims.
3. Objective scope of application
3.1. Any acts or omissions contrary to European Union Law in the following areas must be reported through the internal whistleblowing channel:
a) Public procurement;
b) Financial services, products and markets and prevention of money laundering and terrorist financing;
c) Product safety and compliance;
d) Transport safety;
e) Environmental protection;
f) Radiation protection and nuclear safety;
g) Food safety for human and animal consumption, animal health, and animal welfare;
h) Public health;
i) Consumer protection; and
j) Protection of privacy and personal data and security of network and information systems.
3.2. Acts or omissions affecting the financial interests of the European Union must also be reported through the internal whistleblowing channel.
3.3. Acts or omissions contrary to internal market rules, including competition and state aid rules, as well as corporate tax rules, must also be reported through the internal whistleblowing channel.
3.4. Finally, behaviors that constitute violent crime, particularly, violent and highly organized crime, as well as the following crimes, must be reported through the internal whistleblowing channel:
a) Drug trafficking;
b) Terrorism, terrorist organizations, international terrorism and terrorist financing;
c) Arms trafficking;
d) Influence peddling;
e) Undue receipt of advantage;
f) Active and passive corruption, including that practiced in the public and private sectors and in international trade, as well as in sports activity;
g) Embezzlement;
h) Economic participation in business;
i) Money laundering;
j) Criminal association;
k) Child pornography and pimping of minors;
l) Damage related to computer programs or other data and computer sabotage, as well as unlawful access to a computer system;
m) Human trafficking;
n) Counterfeiting, use and acquisition of counterfeit cards or other payment devices and their preparatory acts, acquisition of cards or other payment devices obtained through cybercrime, damage to computer programs or other computer data and computer sabotage as well as unlawful access to a computer system;
o) Pimping;
p) Smuggling;
q) Trafficking and tampering of stolen vehicles.
3.5. The internal whistleblowing channel is not intended to be used for reporting any disciplinary infractions by the employees of COSMOS - VIAGENS E TURISMO S.A. (except if they are related to the identified domains), nor for reporting cases of harassment, as these situations must be reported directly to the Human Resources Department.
3.6. The internal whistleblowing channel is not intended for the filing of complaints regarding the quality of the services provided or products provided by the companies of the COSMOS Group.
3.7. Reports may relate to infringements that have already been committed, that are being committed at the time of the report or that can reasonably be expected to be committed, as well as attempts to conceal such infringements.
4. Concept of whistleblower
4.1. For the purposes set out in this Policy, any person among those identified in 2.1, who reports any infringement, in the areas set out in 3.1, 3.2, 3.3 and 3.4, which they have become aware in the context of developing a professional relationship with any company of the COSMOS Group.
4.2. Whistleblowers may remain anonymous or identify themselves, as best described in 8, and in any case, the confidentiality of the whistleblower's identity is guaranteed, as provided for in 12.
4.3. COSMOS - VIAGENS E TURISMO S.A. and other companies of the Cosmos Group encourage whistleblowers to identify themselves, to facilitate the assessment of the report and the subsequent investigation.
5. Classified or Subject to Secret Information
Whistleblowers must, in their reports, take into account the need to ensure the protection of classified information, respect the religious and professional secrecy of doctors, lawyers and journalists and the secrecy of justice.
6. Reporting requirements
6.1. Reports should only be made if the whistleblowers are acting in good faith and have serious grounds to believe that the information they are going to transmit at the time of the report is true.
6.2. The submission of reports in violation of the provisions of 6.1 is likely to cause the whistleblower to incur disciplinary liability, if he/she is an employee of any company of the COSMOS Group, and, in any case, civil liability for the damage caused, and may also incur criminal liability, if his/her conduct constitutes a crime.
7. Information on the whistleblowing channel
Before submitting a report, any person may obtain confidential advice from the person responsible for the whistleblowing channel and may contact him/her by any means available.
8. How to file reports
8.1. Whenever possible, any infringement should be reported through the whistleblowing channel.
8.2. The submission of reports through the internal whistleblowing channel must be made in writing, by sending an email to whistleblowing@cosmostravelandevents.com
8.3. Reports can be filed with the whistleblower's identification or anonymously.
8.4. If the whistleblower wishes to remain anonymous, he/she must create, for the submission of the report, an email address that does not allow his/her identification and not include any element of this nature in the body of the text of the report.
8.5. All communications with the whistleblower regarding the report will be carried out exclusively through the email address provided in the report.
9. Content of the report
9.1. In the report filed, the whistleblower must:
a) Identify the nature of his/her professional relationship with the COSMOS Group company, among those provided for in 2.1,;
b) Identify the matter, among those listed in 3.1, 3.2, 3.3 and in 3.4, to which the report refers;
c) Describe as fully as possible the situation intended to report, with reference to the circumstances of time, place and manner in which the facts occurred;
d) State the verified or foreseeable consequences of the reported situation;
e) Identify all means of evidence known and attach any relevant documentation.
9.2. When the whistleblower wishes to submit an anonymous report, he/she must refrain from including in the report any information that allows him/her to be identified.
9.3. Even when the report is made by an identified person, the personal data of the whistleblower and of the third parties involved contained in the report must be limited to what is strictly necessary, namely the name, position and contact.
9.4. The personal data provided that is not relevant for the handling of the report will be immediately deleted.
10. Principle of precedence of the internal whistleblowing channel
10.1. Reports covered by the scope of the internal whistleblowing channel must be made in this way.
10.2. Whistleblowers may only use external reporting channels when:
a) have reasonable grounds to believe that the infringement cannot be effectively known or resolved internally or there is a risk of retaliation;
b) the measures planned or adopted are not communicated to them within a maximum period of three months after the report is presented;
c) The infringement that is intended to be reported constitutes a crime or an administrative offence punishable by a fine of more exceeding € 50,000.00.
10.3. Whistleblowers may only publicly disclose an infringement when:
a) they have reasonable grounds to believe that the infringement may constitute an imminent or manifest danger to the public interest, cannot be effectively known or resolved by the competent authorities, taking into account the specific circumstances of the case, or there is a risk of retaliation even in the event of external reporting; or
b) have presented an internal report and an external report, or directly an external report, without appropriate action having been taken.
10.4. Persons who report an infringement to a media body or journalist outside the cases provided for in 8.3 will not benefit from the legal protection granted through this Policy to whistleblowers.
11. Head of the internal whistleblowing channel
11.1. COSMOS - VIAGENS E TURISMO S.A. appoints, at any given time, a person responsible for the publicly announced whistleblowing channel.
11.2. The person responsible for the internal whistleblowing channel is responsible for:
a) Ensure the training of employees and the information of all those who have a professional relationship with the companies of the COSMOS Group about the internal whistleblowing channel;
b) Provide information on the whistleblowing channel to all interested parties, ensuring the confidentiality of the advice and the identity of the persons;
c) Receive and give the necessary and diligent follow-up to reports;
d) Provide reasoned information to the whistleblower on the measures envisaged or taken to follow up on the report and request additional information if necessary.
11.3. In addition to the person responsible for the whistleblowing channel, COSMOS - VIAGENS E TURISMO S.A. also appoints a second examiner, with access to all reports and who will be responsible for following up on reports in case of conflict of interest of the person responsible for the whistleblowing channel.
11.4. Both the person responsible for the channel and the examiner will be members of the senior management of COSMOS - VIAGENS E TURISMO S.A. or equivalent, with full knowledge of the organization.
11.5. All employees of COSMOS Group companies have the duty to collaborate with the person responsible for the whistleblowing channel and the examiner, with a view to ensuring that reports are properly followed up.
12. Confidentiality
12.1. COSMOS - VIAGENS E TURISMO S.A. ensures, in any case and regardless of the anonymity of the report, the confidentiality of the report and of the third parties mentioned in the report.
12.2. The identity of the whistleblower, as well as the information that directly or indirectly allows him/her to be identified, is confidential and is only accessible by those responsible for receiving and following up on reports under the terms set out in 11.
12.3. The obligation of confidentiality provided for in 12.2 extends to those who have received information about the reports, even if they are not responsible for receiving or processing them.
12.4. The identity of the whistleblower will only be disclosed in compliance with a legal obligation or judicial decision, and will be preceded by a written communication to the whistleblower indicating the reasons for the disclosure of the confidential data in question.
12.5. The provided in 12.4 does not apply in the event that the communication to the whistleblower could jeopardize the related investigations and legal proceedings.
12.6. The whistleblower must also treat as confidential any and all information related to the report made, namely the information transmitted by the person responsible for the internal whistleblowing channel.
13. Handling of reports
13.1. Once received, the reports are subject to a preliminary analysis by the person responsible for the channel who, within 7 days of receiving the report:
a) confirms receipt of the report to the whistleblower;
b) informs the whistleblower of the requirements, competent authorities, form and admissibility of the external report; and
c) asks the whistleblower, whenever necessary, for clarifications to the report and/or clarifications and additional elements.
13.2. In the event of reports outside the objective scope of the internal whistleblowing channel, the person responsible for the channel, within 7 days from the receipt of the report, informs the whistleblower of the inadequacy of the channel used and forwards it to the competent person/department, proceeding to archive the report.
13.3. In the case of reports within the scope of the internal whistleblowing channel, after receiving and responding to the whistleblower, the person responsible for the channel requests, if necessary, additional preliminary clarifications to the targeted area and prepares a Preliminary Report of the situation described (ensuring the confidentiality of the whistleblower and third parties involved).
13.4. The Preliminary Report is sent to a Director and to the Chief Operating Officer (COO) for information.
13.5. If the Director or the COO is directly or indirectly targeted by the report, the preliminary report of the incident referred to in 13.3 will be sent to the other members of the Board of Directors, but only to the non-targeted persons.
13.6. Upon receipt of the Preliminary Report of the incident prepared by the person in charge of the channel, the Board of Directors resolves on the need to open an internal investigation and/or the immediate adoption of measures, or immediately archive the process.
13.7. Among the measures that the Board of Directors may take are, namely: the opening of disciplinary proceedings, whether or not preceded by a prior investigation; the determination of preventive suspensions; the immediate suspension of proceedings; the immediate introduction of changes in procedures; reporting to the competent public authorities.
13.8. After resolution by the Board of Directors regarding the immediate adoption of measures and/or the opening of an internal investigation, the whistleblower will be notified, which will necessarily happen within a maximum period of three months from the date of receipt of the report.
13.9. In the event of the need to open an investigation, the person responsible for the channel, autonomously or through the use of legal advisors, will investigate the circumstances of time, place and manner in which the incident occurred, and may, for this purpose, request the intervention of other areas, other bodies or third parties and will prepare a Final Report with the results of the investigation and a suggestion of measures to be adopted, which it will present to the Board of Directors for final decision.
13.10. If the whistleblower expressly requests it, he/she will be notified by the person responsible for the channel of the final result of the process, within 15 days after its conclusion.
13.11. By virtue of the guarantees of confidentiality existing in relation to other parties, the provisions of 13.10 shall in no case entail the disclosure of specific details about the investigation conducted or about any disciplinary measures specifically adopted.
13.12. The person responsible for the channel and all others involved in the handling of the report shall act promptly to ensure the effectiveness of any preventive or corrective measures to be adopted.
14. Registration of reports
COSMOS - VIAGENS E TURISMO S.A. will keep a record containing all reports received for a period of 5 years from the date of their submission and, regardless of this period, during the pendency of judicial or administrative proceedings regarding the report.
15. Conflict of interest
15.1. In the exercise of its duties, the person responsible for the whistleblowing channel shall act with independence, impartiality, and confidentiality, guaranteeing the confidentiality and protection of the personal data contained in the report and ensuring the absence of conflicts of interest in the performance of its duties.
15.2. In the event of a conflict of interest, the person in charge of the channel will be removed and all treatment of the report will be ensured by the Examiner, under the terms set forth in 11.3.
16. Retaliation
16.1. Any acts of retaliation against whistleblowers are expressly prohibited.
16.2. Acts of retaliation are considered to be any acts and omissions that, directly or indirectly, occurring in a professional context and motivated by an internal or external report or public disclosure, cause or may cause the whistleblower, in an unjustified manner, material and non-material damage.
16.3. The threats and attempts of acts and omissions referred to in 16.2 are considered acts of retaliation.
16.4. Those who practice acts of retaliation will be civilly liable for the damages caused to the whistleblower.
16.5. COSMOS - VIAGENS E TURISMO S.A. assures to the whistleblowers who are employees of the Cosmos Group that a report made under the conditions provided for in 6.1. does not constitute, in itself, grounds for any changes to the whistleblower’s working conditions, for adversely affecting their performance evaluation, for suspending or terminating their employment contract, for applying a disciplinary sanction, or for hindering their professional development.
16.6. COSMOS - VIAGENS E TURISMO S.A. ensures full confidentiality of the identity of the whistleblower, so that retaliatory actions are not expected.
16.7. Without prejudice to the provisions of 16.5 and 16.6, if the Whistleblower considers himself/herself, by any means, to be a victim of retaliation, he/she must immediately communicate it by the same means used to submit the report, with a description of the acts of retaliation of which he/she considers to have been subject to.
16.8. The practice of retaliatory acts by employees working for the COSMOS Group constitutes a disciplinary infraction.
17. Whistleblower protection measures
17.1. Whistleblowers have the right to legal protection and access to the courts, for the defense of their legally protected rights and interests, under the general terms.
17.2. Whistleblowers may benefit from witness protection measures in criminal proceedings.
17.3. Whistleblowers are protected by the application of a number of legal presumptions of retaliatory acts during the two years following the report, including: changes to working conditions (duties; hours; location; remuneration; non-promotion); suspension of employment contract; negative performance evaluation; non-conversion of a fixed-term employment contract into a permanent contract, when there are legitimate expectations of such conversion; non-renewal of a fixed-term employment contract; dismissal; inclusion on a list, which may lead to the whistleblower being unable to find employment in the sector or industry concerned; termination of a supply or service contract; revocation of an act or termination of an administrative contract.
18. Whistleblower liability
18.1. The report submitted by the whistleblower in good faith, with serious grounds to believe, at the time of the report, that the information disclosed is true, shall not constitute, in itself, constitute grounds for disciplinary, civil, administrative offence or criminal liability of the whistleblower.
18.2. The whistleblower who submits a report in bad faith, knowing or having reason to know that the information he/she communicates is not true, shall incur disciplinary liability, if he/she is an employee of the COSMOS Group, and may also be subject to civil and criminal liability for his/her conduct.
18.3. The person who assists the whistleblower with the submission of a report under the conditions set out in 18.2, shall be jointly and severally liable with the whistleblower for the damages caused by the report.
19. Processing of personal data
19.1. COSMOS - VIAGENS E TURISMO S.A. is responsible for the data processing carried out within the scope of the internal whistleblowing channel.
19.2. The processing of data is carried out with total confidentiality, and access to the personal data collected through the channel is limited to those responsible for receiving and following up on reports, under the terms described in 11.
19.3. The data processing carried out is based on its necessity for compliance with a legal obligation, namely the provisions of Law No. 93/2021, of December 20, and on the legitimate interests of the COSMOS Group in promptly identifying and effectively intervening on infringements.
19.4. The personal data collected within the scope of the internal whistleblowing channel will be processed exclusively for the purpose of identifying and investigating the infringements identified in 3.
19.5. In the context of the investigation and handling of reports, it may be necessary to use third parties, namely legal advisors and auditing or forensic investigation companies, to whom personal data will be disclosed.
19.6. In the cases referred to in 19.5, it is ensured that third parties accessing personal data are subject to appropriate obligations of professional secrecy or confidentiality and offer guarantees that appropriate technical and organizational measures will be implemented in such a way that the data processing meets the applicable security requirements and protection of the rights of data subjects.
19.7. Personal data may also be transmitted to third parties when (i) it is required by law; (ii) is determined by court order or public authority; or (iii) the data subject has given his/her express consent for this purpose.
19.8. Personal data processed within the scope of the internal whistleblowing channel will be kept for a period of 5 years from the date of receipt of the report and, in any case, during the pendency of judicial or administrative proceedings regarding the report; After these periods, only an anonymized record of the report and the measures adopted for historical and statistical purposes will be kept, and all personal data existing in the process will be deleted.
19.9. Data subjects, processed within the scope of the whistleblowing channel, have the rights of access, rectification, erasure, limitation of processing, portability and opposition, which they may exercise, whenever the requirements on which they depend are verified, by sending an email towhistleblowing@cosmostravelandevents.com, and may also file a complaint with the competent supervisory authority in Portugal, the Comissão Nacional de Proteção de Dados.
19.10. For any questions regarding privacy or personal data protection, the Data Protection Officer can be contacted via the email address privacy@cosmostravelandevents.com
20. Publication and entry into force
20.1. This Policy is published on the COSMOS - VIAGENS E TURISMO S.A. website, accessible through the link www.cosmostravelandevents.com, on the websites of the companies of the Cosmos group, and on the Intranet, and is permanently available for consultation.
20.2. The Internal Whistleblowing Channel Policy comes into force on the date of its publication.
21. COSMOS - VIAGENS E TURISMO S.A., reserves the right to change or revise the content of this Policy at any time, namely in the event of a change in the relevant legislation and, as well, according to the direction of the guidelines of the competent public authorities, namely the Mecanismo Nacional Anticorrupção.