Whistleblower policy

1. Why?

The AbsoluteYou Code of Conduct & Ethics contains our corporate values and conduct guidelines. We strive to clarify our corporate values and principles that govern our professional and personal behavior and commit to living our mission in an ethical manner. This procedure complements our vision and principles regarding whistleblowing, as outlined in the Code of Conduct & Ethics. It provides a framework for internal reporting and follow-up of alleged misconduct. We believe that anyone who believes in good faith that unethical practices or misconduct are taking place can and should raise awareness of them. These regulations were also adopted to implement Directive (EU) 2019/1937 on the protection of persons reporting violations of Union law, as well as Belgian legislation transposing the Directive into national law. The overall goal of the European Directive and the Belgian law is to protect whistleblowers from any form of retaliation and to require public and private organizations to establish formal procedures for internal reporting and follow-up of reports. We emphasize that everyone is responsible for contributing to and maintaining a culture of transparency and openness, free from retaliation. In particular, AbsoluteYou's management bears an important responsibility to act in accordance with our core values and policies. They should not only lead by example, but also support their team members in upholding these principles.

2. Who?

This Whistleblower Regulation of AbsoluteYou complies with European and Belgian rules and applies not only to (former) employees and self-employed persons, but also to shareholders, directors, supervisors, volunteers and trainees (paid or unpaid), job applicants and anyone working under the direction of contractors or suppliers. All these parties can use the internal reporting channels described in these regulations and are protected by AbsoluteYou from retaliation. In these Whistleblower Regulations, AbsoluteYou means AbsoluteYou BV.

3. What.

This policy governs how Absoluteyou handles all allegations or evidence of (attempted) violations of law, ethics or legitimacy by anyone associated with Absoluteyou (the "reportable violations"). This policy classifies reportable violations into several categories based on their nature and severity:
1) Breaches falling within the scope of the European Directive and Belgian law, namely breaches relating to:
⦁    Product safety and compliance;
⦁    Public contracts;
⦁    Financial services, products and markets and prevention of money laundering and terrorist financing;
⦁    Transportation Safety;
⦁    Public Health;
⦁    Food and feed safety, animal health and welfare;
⦁    Radiation protection and nuclear safety;
⦁    Social fraud;
⦁    Fiscal fraud;
⦁    Consumer protection;
⦁    Environmental protection;
⦁    Infringements affecting the Union's financial interests and/or related to the 
internal market;
⦁    Protection of privacy and personal data, and security of network and information systems;
Absoluteyou's Whistleblower Policy applies not only to breaches in the workplace, in public and private places, but extends to breaches involving all work-related activities such as (non-exhaustive):
⦁    During work-related travel
⦁    Through work-related communication
⦁    In accommodation provided by the employer, such as when providing residential facilities to people at work
⦁    During conferences, seminars or training courses
⦁    During events after work
Absoluteyou emphasizes and undertakes to protect from retaliation all persons who in good faith report suspected or actual (attempted) violations.

4. How?

It is essential to detect, address and remedy violations of Union law in a timely manner. Providing channels for reporting violations or misconduct ("whistleblowing") plays a crucial role in this regard. This Whistleblowing Policy aims to provide internal channels for reporting observations or findings regarding (alleged) breaches affecting Absoluteyou, without having to follow the hierarchical route or the usual channel. It does not replace but complements existing procedures for handling (individual) complaints or irregularities. Whistleblower channels have been established to report (attempted) illegal, unethical or non-legitimate behavior when it cannot be reported through the regular channels, such as the immediate supervisor, the HR manager or another regular designated person. We encourage all employees of Absoluteyou , former employees, self-employed persons, shareholders, persons serving on the administrative, management or supervisory body, volunteers and interns, job applicants, all persons working under the supervision and direction of contractors, subcontractors and suppliers to report any form of alleged or actual violations or misconduct through the special internal channels implemented by Absoluteyou. We take all reports received seriously and are committed to investigating every report.

You can report in several ways:

If possible, discuss the issue with your reporting manager in person, by phone or email

Melissa Maes 
+ 32 499 75 82 51 
051 40 31 50

While Absoluteyou hope that reporting a concern through the internal reporting channels will provide adequate relief and is therefore preferred, there may be circumstances in which it is more appropriate to report a concern directly to an outside agency. If applicable, you may report your concern directly to the Federal Ombudsman .

5. Treatment and research

You will receive confirmation of each report within a week. The reporting manager will also let you know if the report is considered possible misconduct, or if it should be handled through normal procedures. If necessary, the reporting manager will investigate the report with the whistleblower committee (consisting of: company lawyer, HR legal expert, audit manager and operations manager). During the investigation, the reporting manager may also ask you for further clarification (through SPOT or, if possible, directly). Absoluteyou must, according to the European Directive, respect the right of the persons named in the report to be heard and to see their records. This is done while respecting the anonymity and confidentiality of the report and the reporter and without impeding the investigation. Within three months of confirmation, the reporting manager will inform you as much as possible of the investigation and any action taken. This will take into account any confidentiality or privacy issues affecting anyone who is the subject of the report. All reports are kept confidential and information is shared only as necessary. Records of each report will not be kept longer than necessary and appropriate to meet the requirements of the Directive. Absoluteyou processes all personal data collected under this Whistleblower Policy in accordance with applicable law and uses it only to achieve the purposes of this Policy.

6. Non-retaliation

The identity of the reporter and any other data from which the identity of the reporter can be directly or indirectly deduced shall be kept confidential to the fullest extent possible. Such data may only be disclosed if this is a necessary and proportionate obligation imposed by Union or national law in the context of investigations by national authorities or judicial proceedings. If data are disclosed, the reporter shall be informed before their identity is disclosed, unless such data would jeopardize the relevant investigation or legal proceedings. The reporter who acts in good faith and on reasonable grounds ("legitimate reasons"/"motifs raisonnables") enjoys protection from retaliation under these Whistleblower Procedures. There are no repercussions associated with reporting a (potential) violation in good faith and on reasonable grounds, even if the report subsequently turns out to be unfounded. This means that the reporter may not be disadvantaged in any way as a result of his or her report. If the reporter demonstrates that he or she is being punished, treated unfairly or disadvantaged in any other way as a result of his or her report, it is assumed that the damage was inflicted in retaliation for the report, unless the person who took the negative measure can demonstrate that this measure was based on justified reasons and had no connection whatsoever with the reporter's reporting act. If the investigation reveals that a report was false or made in bad faith, this may be grounds for appropriate and reasonable action against the reporter. Anyone who fails to comply with these regulations may be subject to disciplinary action, including dismissal.