Whistleblower Policy

At Logicall, keywords such as trust, transparency and the well-being of our team members are the cornerstones of our success. We believe in a workplace culture where every individual feels empowered to speak openly and honestly. Our commitment to these principles extends to our approach to whistleblowing.

Version: 26.10

Foreword

We want to assure each member of our organization that your voice matters. Transparency is not only one of our Group’s Core Principles; it is a commitment to creating an environment where everyone feels safe to bring forth any concerns or observations regarding the conduct of our operations.

We value and support the importance of whistleblowing as a critical mechanism to uphold our high standards of integrity. We recognize the courage it takes to come forward, and we want to emphasize that your trust in the system is of utmost importance to us. By speaking up, you contribute to the continued improvement of our organization, helping us maintain a workplace that is ethical, accountable and resilient. We are dedicated to ensuring that all reports will be treated with the utmost confidentiality and sensitivity.

Our commitment to transparency goes hand in hand with our commitment to your well-being. No one should fear retaliation for doing what is right. We will actively support and protect whistleblowers and commit to following clear processes to facilitate a correct handling of any case. Lastly, we strongly believe that our customers and all other stakeholders benefit from an organization committed to the highest standards of integrity and accountability. Thank you for your dedication to upholding the values that make Logicall a place we are all proud to be a part of.

Sincerely,

Mark van den Assem, CEO
Erik Schurgers, CFO
Wijnand de Groot, CCO
Maurice van Veghel, CTO
Birgitta van Santen, CHRO

1. Introduction

1.1 Purpose

This Whistleblower Policy (“Policy”) has been established to empower a culture of transparency, accountability and integrity within our organization. It aims to encourage employees, contractors, suppliers and other stakeholders to report any concerns or information regarding misconduct, fraud, corruption, safety violations, human rights violations, unethical behaviour or other illegal or improper activities within the company.

These wrongdoings may negatively affect the integrity of Logicall and could have serious consequences for individuals or any other stakeholder.

Therefore, whistleblowing is vital to maintaining the high ethical standards to which we are committed.

1.2 Scope

​This Policy applies to all individuals associated with our Group, including employees, contractors, suppliers and others who have a legitimate interest in our operations. It encompasses a broad range of potential misconduct and is intended to provide a safe and effective mechanism for reporting and addressing such issues.

1.3 Legal compliance

We adhere to EU Directive 2019/1937 on the protection of persons who report breaches of Union law, in combination with Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR), on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. As a company, we uphold European standards in a global application where the highest level of protection is the minimum approach. In case of a conflict between this Policy and any local laws or regulations, including rules of professional conduct, the local laws and regulations will prevail. In the Netherlands, the Directive is implemented through the Wet bescherming klokkenluiders (Dutch Whistleblower Protection Act, Wbk); in the other countries where the Group operates, the applicable local implementing legislation applies.

1.4 Group core principles

Reports concerning a wrongdoing as defined in the Wbk, or a breach as defined in the applicable local implementation of Directive 2019/1937, fall under the statutory protection for reporters. In short, this covers breaches of Union law and acts or omissions in which the public interest is at stake, such as violations of statutory rules, dangers to public health, safety or the environment, or improper conduct that threatens the proper functioning of the organization.

Logicall voluntarily applies this Policy more broadly. Reports that do not qualify as a wrongdoing under the law, such as individual complaints about working conditions or treatment, are also received and handled under this Policy. For these reports, statutory protection may not apply, but the commitments in Chapter 2, including non-retaliation, do apply.

1.5 Group core principles

Within the Group, five principles are implemented in everything we do:

  • Communicate continuously
  • Work pragmatic
  • Think scalable
  • Share you care
  • Be transparent

2. Reporting principles

2.1 The Whistleblower

A whistleblower is any person, whether an employee, contractor, supplier or another party with a legitimate connection to our company, who, in good faith, reports or discloses information regarding misconduct, wrongdoing or violations of our policies or the law.

2.2 Reporting channels

Logicall offers three distinct possibilities to report misconduct. Even though we want an organization where our employees feel empowered and safe to speak up, this may not be the case for all individuals.

External: https://whistleblowersoftware.com/secure/logicall

Through third party software (web tool), outside of the Logicall network, reports can be made anonymously. According to the software provider, case content is end to end encrypted and only Logicall holds the decryption keys, so the provider itself cannot access reports. Reporting by voice message is optional.

Internal

Reports can be made directly to the department or person(s) responsible for the case handling (whistleblower@logicall.com) or via the Trusted Person. Depending on the way the report is sent (e-mail or post), the level of anonymity is determined. These reports are handled confidentially, within the limits set by law (see Chapter 2.5).

Direct

Whistleblowers can choose to report directly to designated individuals or departments, ensuring that their concerns are heard and addressed promptly.

A fourth possibility is that the whistleblower contacts external authorities such as het Huis voor Klokkenluiders (NL), health and safety authorities or any other official authority covering whistleblowing activities in a specific area. This may also be used to ask for advice or to discuss the concern confidentially. Reporters may contact these authorities directly, without first reporting internally.

Regardless of the channel, a report can be made in writing, by telephone or voice message and, at the request of the reporter, in a physical meeting within a reasonable period. With the consent of the reporter, an oral report is recorded or documented in an accurate written account, which the reporter can check, correct and approve.

2.3 Reporting categories

Examples of wrongdoings include (but are not limited to):

  • Abuse of power
  • Bribery and corruption
  • Money laundering
  • Procurement fraud
  • Embezzlement
  • Sexual abuse
  • Threats
  • Harassment, bullying and discrimination in the workplace
  • Child labour and unsafe work by young workers
  • Forced labour, including debt bondage and retention of identity documents
  • Human trafficking
  • Recruitment fees or related costs charged to workers
  • Violations of health and safety rules

Where persons are adversely affected by a wrongdoing, Chapter 5 Remediation applies in addition to the investigation process in Chapter 4.

2.4 Anonymity

We recognize that whistleblowers may have concerns about revealing their identity. Whistleblowers have the option to make anonymous reports. The company is committed to preserving the anonymity of whistleblowers to the fullest extent possible, subject to legal obligations as mentioned in Chapter 1.3. For anonymous reporting, Logicall recommends the external reporting channel, which allows the reporter to communicate with the LW team without disclosing their identity.

2.5 Confidentiality

The identity and other details of the report are treated confidentially and are protected through all stages of the investigation process.

The identity of the person who has filed a whistleblowing report is not revealed unless the fact finding investigation cannot take place without disclosing the reporter’s identity. In such cases, the identity will only be shared with the investigators after first obtaining the person’s explicit consent. Without consent, the identity is only disclosed where Logicall is legally obliged to do so, for example in an investigation by a competent authority or in legal proceedings. In that case, the reporter is informed in advance, unless this would jeopardize the investigation or the proceedings.

2.6 GDPR

Logicall adheres to the GDPR, as mentioned in Chapter 1.3, and follows its principles, among which purpose limitation, data minimisation, integrity and confidentiality. Personal data in whistleblowing cases is retained no longer than necessary, in line with the retention periods set in the whistleblowing procedure. Access to case files is limited to the LW team members assigned to the case and is logged in the whistleblowing software.

2.7 Non-retaliation

Our company is firmly committed to protecting whistleblowers from any form of retaliation. Retaliation against a whistleblower for making a report or participating in an investigation is strictly prohibited and will result in disciplinary action against the responsible parties. Our commitment to non-retaliation extends to all individuals associated with our company and/or the report and investigation itself:

  • The reporter
  • Persons assisting the reporter (e.g. a counsellor or colleagues)
  • Internal investigators

2.8 Protection of accused persons

The protection of the accused person is of utmost importance to Logicall. In case a person is allegedly responsible for wrongdoing, that individual’s employment rights and right to privacy must be carefully considered.

When the investigation finds no evidence that justifies taking measures against the accused person, that individual should be protected from any negative effects. The same protection applies to those who are subject to reports made in bad faith.

If evidence of the wrongdoing is found and measures are taken, the person concerned is protected from unintended negative effects that go beyond the objective of the measure taken.

2.9 Reporting in good faith

This Policy protects reporters who report in good faith. A report is considered to be made in good faith if the individual had reasonable grounds to believe the information regarding the suspicion of wrongdoing was true at the time of reporting. If it later turns out that the information was not true but the report was made in good faith, the reporter is still protected against retaliation.

Those who deliberately and knowingly report false or misleading information are not protected, which serves as a safeguard against malicious or abusive reports.

Making malicious or false claims is incompatible with Logicall’s core values and deliberate misuse of the whistleblowing channel(s) may result in disciplinary action.

2.10 Logicall whistleblower team

The primary team that conducts the investigation (LW team) consists of:

  • Head of HR
  • Head of ESG
  • Legal Counsel Logicall Group

Contact details: whistleblower@logicall.com

Where needed, the team is extended with appropriate roles, sourced both internally and externally. In all cases, the team may not suffer from a conflict of interest or the perception thereof.

The LW team reports directly to the Chief Executive Officer. When an Executive Board member or a LW team member is the subject of a report, all further steps are carried out by an external, independent investigator. In that case, the reporting line is determined case by case, based on the nature of the report and the persons involved.

3. Reporting mechanism

3.1 Filing a report

A whistleblowing report can be filed via the designated whistleblowing channels as mentioned in Chapter 2.2. In accordance with the GDPR, the reporting mechanism and subsequent investigative procedures ensure the protection of the personal data of both the person who reports the wrongdoing and, if relevant, the person who is allegedly responsible for the wrongdoing.

3.2 Who can report?

The whistleblowing channels are open to everyone who works, worked or will work for Logicall, regardless of the duration of their employment contract or other type of relationship.

This Policy also extends to third parties, including customers, business partners and the public in general. However, Logicall may not be able to provide the same kind of support and protection to other parties in the scope of this Policy as it does to its own employees. For these parties, Logicall will apply this Policy to the extent reasonably possible.

For employees, the whistleblowing channels complement the normal reporting lines. Employees are encouraged to raise everyday concerns with their manager where they feel comfortable doing so. This is not a requirement: a reporter may use any channel in Chapter 2.2, including reporting directly to a competent external authority, without first reporting internally.

3.3 What to report?

3.3.1 Violations of the law and potential, suspected or actual wrongdoings as listed in Chapter 2.3, with reference to this Whistleblower Policy.

3.3.2 Preferably evidence, but at least reasonable grounds to suspect that wrongdoing has taken place or will take place.

3.3.3 Sufficient details about the (suspected) wrongdoing, such as:

  • A description of the (suspected) wrongdoing
  • The time period in which the (suspected) wrongdoing occurred
  • The location (country/BU) in which the (suspected) wrongdoing occurred
  • Contact details of the reporter (preferred)

3.3.4 The third party software has been set up with predefined information elements, as described in the instruction manual. The reporting categories in the software are aligned with Chapter 2.3.

If contact details are provided, or if the reporter filed a report via the online tool, a confirmation of receipt will be sent within seven days after receipt. Within a reasonable period, not exceeding three months after receipt of the report, the LW team will inform the reporter whether the report is in the scope of this Policy and, if so, which next steps are taken.

4.0 Investigation & follow-up

4.1 Handling reports

Logicall will investigate reports of wrongdoings thoroughly, fairly and in a timely manner, with appropriate technical and investigative expertise. We are committed to conducting an investigation that is fair to all parties involved and to using all appropriate resources to address wrongdoings that have occurred or are occurring.

4.1.1 Preliminary investigation
Each report is assessed individually, recognizing that there may be circumstances in which line managers of the reporter could be implicated in the alleged wrongdoings. Only with the explicit consent of the reporter, the employee’s HR advisor and line manager may be informed that a report has been filed under this Policy. Reports relating to inappropriate treatment of employees may, with the consent of the reporter, be handled by the competent HR advisor, provided there is no conflict of interest. The LW team remains responsible for the case.

4.1.2 The assessment

The assessment involves the following criteria:

  • Proper use of the Whistleblower Policy
  • Trustworthiness of the report, based on the initial content, documentation, relation with Logicall and the likelihood that the wrongdoing may continue
  • The timeframe mentioned
  • Possibility to contact and/or remain in contact with the reporter for follow-up questions
  • The ability to protect the identity of the reporter throughout the process
  • Willingness of the reporter to proceed with the process
  • Consideration to involve external parties for consultation, assistance or taking the lead in the further investigation. This may involve:
    • External advisors
    • Independent auditors
    • Law enforcement authorities

4.1.3 The investigation

In the case of a known reporter, the investigation will involve further interviews and the actual investigation of the wrongdoing. This includes investigation of the evidence and/or the obtaining of (additional) evidence through system checks, check mechanisms and interviews.

Each category and its specific situation determines the level and depth of the investigation.

In the case of an unknown reporter, the possibility to contact the reporter and/or the level of information as specified in Chapter 3.3 may influence the investigation.

4.1.4 External investigation

As mentioned in Chapter 4.1.2, external parties may be involved, in which case an additional provision applies: the identity of the reporter and other sensitive, non-relevant details from the whistleblowing report are not shared, to ensure impartiality and independence. This also serves as an additional guarantee to protect the identity of the reporter.

4.1.5 Compromising developments

The principles outlined in Chapter 2 are followed when conducting an investigation. If at any stage during the investigation there is a (potential) risk of revealing the identity of the reporter, the LW team will notify the reporter and leave it to the reporter to decide whether to continue or cease the investigation, unless the law requires the matter to be reported externally.

4.2 Follow-up

Findings from whistleblowing cases may call for organization-wide or very specific remedial and/or preventive actions, such as the adjustment of policies and procedures or an increase of awareness. In cases where the investigation has brought forward improper conduct by an employee, the decision on possible subsequent measures is the responsibility of the business unit where the employee works.

Where an investigation finds that persons have been adversely affected, the remediation procedure in Chapter 5 applies.

4.2.1 Reporter follow-up

It is very important that the reporter is updated and informed on how their concerns have been addressed.

  • This is not always feasible for legal or practical reasons. For example, the fact that disciplinary action has been taken against an individual can generally not be shared because of privacy, and an investigation by a regulator or law enforcement agency will usually be confidential in itself.
  • If contact details are available or the report was filed via the online tool, contact will be sought with the reporter to provide follow-up on the handling of the report and, if possible, on the investigation process.
  • It is important to strike a balance between the legitimate interest of the reporter to receive information about the status of the investigation and the need to keep the investigation process and outcome confidential, to protect the course of the investigation, the rights of the accused person or the confidential nature of any follow-up measure.
  • Where a report has been filed in good faith and subsequently leads to regulatory or court hearings, the employee who filed the initial report may be expected to serve as a witness. Where this occurs, Logicall will provide appropriate assistance and support, including any necessary legal advice, to the employee in the run-up to and during the hearing.

4.3 Governance

  • For the purpose of management information, reports to the Executive Board and Audit Committee are made annually with aggregated data from whistleblowing cases, including remediation cases under Chapter 5. The reporting ensures that top management has ongoing oversight of the operation and effectiveness of its whistleblowing systems and controls.
  • The presented data is collected and collated securely to ensure that the identity of the reporter is always protected and anonymized. Where whistleblowing cases are used in any report, nothing that may reveal a person’s identity is disclosed.
  • During onboarding sessions and in documents such as the Logicall Employee Handbook, instructions, rules and details on whistleblowing are communicated.

5.0 Remediation

5.1 Purpose and scope

Where persons are adversely affected by a wrongdoing as listed in Chapter 2.3, Logicall provides remedy in line with its involvement. Where Logicall caused or contributed to the adverse impact, it provides or contributes to remedy. Where the impact is directly linked to Logicall through a business relationship, Logicall uses its leverage to have the business partner provide remedy. Remediation means restoring the affected person, as far as possible, to the situation they would have been in had the wrongdoing not occurred, and preventing recurrence. The procedure applies to own operations and the value chain, including agency workers, subcontractors, carriers and suppliers, regardless of how a case is identified.

The safety of the affected person comes first. The LW team leads the case and determines the timing of the response based on the case. Within its own operations, Logicall ensures that no affected person is dismissed, penalized or deprived of income as a result of the identification and seeks the same commitment from its business partners.

5.2 Proportionality

The LW team determines the remedy based on the assessment in Appendix 1 and the needs and wishes of the affected person. Remedy is determined case by case, is proportionate to the harm and to the involvement of Logicall and is provided in accordance with applicable law. It may include restoration of rights, position or income, financial compensation, access to medical, psychological or legal support, an apology and corrective measures to prevent recurrence.

Where the wrongdoing occurs at a business partner, Logicall requests a corrective action plan and seeks to have the business partner bear the cost of remediation, within the contractual and legal possibilities. Termination of the relationship is a last resort, decided only after the effects on the affected persons have been assessed.

5.3 Transparency

The affected person is informed about the remedy and its progress in a language they understand, and is consulted before decisions that affect them. Business partners, customers and employee representatives are informed where relevant, while protecting the identity of the affected person. Cases are reported in line with Chapter 4.3 and, for child labour, forced labour and human trafficking, in the Modern Slavery Statement.

5.4 Monitoring

The LW team verifies whether the remedy has been delivered and is effective, through contact with the affected person (with their consent) and, where reasonably possible, verification at the location(s) concerned. Where the remedy proves insufficient, it is adjusted. A case is closed only when all agreed measures have been delivered and no recurrence is found.

All cases are handled and recorded in the dedicated whistleblowing software referred to in Chapter 2.2, in line with the associated procedures. For each case, the software records the remediation measures, responsible persons, deadlines and follow up dates, as well as the outcome of each verification. This ensures that every case is traceable, that progress is monitored against agreed dates and that the effectiveness of remediation can be demonstrated.

Appendix 1: Preliminary investigation & assessment checklist

I Nature of the suspected wrongdoing

  • What type of wrongdoing is it?
  • Could it involve a criminal offence?
  • Are there external authorities or inspections that could play a role?
  • Have persons been adversely affected? If so, apply Chapter 5 Remediation in parallel.

II Admissibility

  • Does the potential wrongdoing fall under the responsibility of the organization?
  • Is the organization authorized to investigate the potential wrongdoing?
  • Are there more suitable procedures for the reported issue, such as an appeals procedure or a complaints procedure?

III Severity of the matter

  • The fact itself
  • The context in which the fact occurred
  • The (function of the) person to whom the report relates
  • Potential danger, societal or political sensitivity
  • The number of affected persons and the duration of the wrongdoing
  • Logicall's involvement: whether Logicall caused the wrongdoing, contributed to it or is directly linked to it through a business relationship

      IV Validity

      • Are there enough starting points for investigation?
      • Is there sufficient available information?
      • Is additional information available?
      • Are there good investigation possibilities?

      V Position of the reporter

      • How much actual insight did the reporter have into the suspected wrongdoing?
      • How much knowledge does the reporter have?
      • Can the reporter provide more information?
      • How reliable is the report?

      VI Position of the involved Party

      • Who is the possible perpetrator of the suspected wrongdoing?
      • Was this party able to commit the suspected wrongdoing?
      • What is the connection between the information from the report and the facts and circumstances known to the organization?
      • Is it possible that the suspected wrongdoing occurred?
      • Can the suspected wrongdoing be definitively ruled out?

      Would you like to report something?

      This can be done in several different ways. Every report is handled confidentially. You can report in writing, by telephone or voice message or, on request, in a physical meeting.

      Externally: through third party software: https://whistleblowersoftware.com/secure/logicall. Outside of the Logicall network, you can report anonymously.

      Internally: via the e-mail address of the whistleblower team, whistleblower@logicall.com, or through the external confidant, Wim Ambaum, who can be reached by e-mail at w.ambaum@h3group.nl and by phone at 077-750 45 17.

      Directly: to your supervisor or a supervisor from another department.

      Authorities: directly to the Dutch Whistleblowers Authority (https://www.huisvoorklokkenluiders.nl/english), health and safety authorities or other competent authorities, without first reporting internally.