- Purpose
This protocol regulates the procedure for receiving, managing, analysing and resolving communications or reports submitted through the be artsy Whistleblowing Channel.
Its purpose is to ensure that any person can report, safely and confidentially, possible irregularities, regulatory breaches, conduct contrary to the organisation’s Code of Ethics or situations that may affect the integrity, transparency, good governance or safety of people linked to the organisation.
- Scope of application
This protocol applies to communications submitted by members, members of the Board of Directors, volunteers, employees, local team members, partner organisations, suppliers, donors, project participants or any other person with a direct or indirect relationship with be artsy.
The channel may be used to report, among others, the following matters:
Possible financial, accounting or administrative irregularities.
Misuse of the organisation’s funds, resources or materials.
Undeclared conflicts of interest.
Conduct contrary to the Code of Ethics or to the values of be artsy.
Situations of harassment, discrimination, abuse of power or inappropriate treatment.
Risks to the protection of girls, women or other people participating in the projects.
Legal or regulatory breaches related to the organisation’s activity.
Any action that may affect the transparency, integrity or good governance of the organisation.
The Whistleblowing Channel does not replace the organisation’s ordinary communication channels for general enquiries, suggestions, requests for information or complaints that are not related to possible irregularities.
- Communication channels
Reports or communications may be submitted through the following channel:
Email: canaldenuncias@beartsy.org
This email account will be managed only by the person responsible for the Whistleblowing Channel, as designated by the Board of Directors, and, where applicable, by the designated substitute person.
Communications may be submitted either with identification or anonymously through the form at the bottom of the page. If the reporting person provides contact details, be artsy will guarantee the confidentiality of their identity throughout the procedure.
If a person wishes to submit the communication through another channel or request an in-person meeting, they may do so through the same email address. The organisation will assess the most appropriate way to respond to the request, always guaranteeing confidentiality and the protection of the people involved.
- Content of the communication
To facilitate the assessment of the facts, it is recommended that the communication include, whenever possible:
A clear description of the facts.
The approximate date or period when they occurred.
The place or project affected.
The people or areas involved, if known.
Available documentation or evidence.
Contact details, if the person wishes to receive communications about the procedure.
The absence of any of this information will not prevent the report from being received, provided that there are sufficient elements to carry out an initial assessment.
- Person responsible for the channel
The Board of Directors of be artsy will designate a person responsible for the Whistleblowing Channel and, whenever possible, a substitute person.
The responsible person must act with independence, confidentiality, impartiality and absence of conflict of interest.
If the report concerns the person responsible for the channel, the Presidency or any member of the Board of Directors, the communication will be managed by another non-involved member of the Board or, if necessary, by an external person appointed to guarantee the impartiality of the procedure.
- Receipt and acknowledgement
Once the communication has been received, it will be registered confidentially and assigned an internal case number.
When the reporting person has provided a means of contact, be artsy will send an acknowledgement of receipt within a maximum period of 7 calendar days from receipt of the report, unless doing so could compromise the confidentiality of the communication.
- Initial assessment
The person responsible for the channel will carry out an initial assessment to determine whether the reported facts fall within the scope of this protocol.
After this review, the report may be:
Accepted for processing, if there is sufficient evidence to initiate an internal review.
Closed, if the facts are unfounded, are not related to the activity of be artsy or do not constitute a possible irregularity.
Referred to another internal channel, if it is a general enquiry, suggestion or ordinary complaint.
Reported to the competent authorities, if the facts could constitute a criminal offence or require external intervention.
Whenever possible, the reporting person will be informed of whether the report has been accepted, closed or referred.
- Internal investigation
When the report is accepted for processing, an internal review phase will be opened to clarify the facts.
During this phase, be artsy may:
Request additional information from the reporting person.
Review internal documentation.
Interview people related to the facts.
Request external support when the nature of the case requires it.
Adopt preventive measures to protect the people affected or preserve the integrity of the process.
The investigation will be carried out respecting the presumption of innocence, the right of defence, confidentiality and the protection of all persons involved.
- Resolution
Once the review has been completed, the person responsible for the channel will prepare a proposed resolution, which may include:
Closure of the case file.
Adoption of internal corrective measures.
Review of procedures or protocols.
Communication to the Board of Directors.
Referral to the competent authorities, where appropriate.
Any other measure proportionate to the seriousness of the facts.
The maximum period for completing the procedure will be 3 months from receipt of the report or from the acknowledgement of receipt. In particularly complex cases, this period may be extended with due justification.
- Confidentiality and protection of the reporting person
be artsy will guarantee the confidentiality of the identity of the reporting person, the persons affected and any third party mentioned in the communication.
The information received will only be accessible to the persons strictly necessary for the handling of the case file.
be artsy will not tolerate any form of retaliation, threat, unfavourable treatment or negative consequence against a person who has submitted a report in good faith.
- Personal data protection
Personal data processed within the framework of the Whistleblowing Channel will be used exclusively for the receipt, analysis, investigation and resolution of the communications received.
be artsy will apply the necessary measures to guarantee the security, confidentiality and restricted access to the information.
The data will be kept only for the time necessary to process the report and comply with the applicable legal obligations.
- Bad faith reports
The channel must be used responsibly. Reports made in bad faith, with knowledge of their falsity or with the aim of harming another person, may lead to the corresponding internal measures.
A communication will not be considered to have been made in bad faith when, even if it cannot be proven, it has been submitted with a legitimate concern and honestly.
- Publication and review of the protocol
This protocol will be available on the be artsy website, in a visible and easily accessible section.
The Board of Directors will review the protocol periodically and whenever regulatory, organisational or operational changes make it necessary to update it.