ESPAÑOL

COMPLIANCE POLITICS

INTRODUCTION

At HECA GLOBAL, Compliance Policies are established as guidelines or directives to establish the organization’s behavioral patterns and to design each of the processes of the Compliance management system, which are included in the procedures of this management system.

These policies are aligned with the values and principles expressed in the HECA GLOBAL Code of Ethics, are appropriate to the purposes of the organization and provide a framework for establishing Compliance objectives.

HECA GLOBAL is committed to values and the application of ethical principles in its performance as an organization, in the development of its business activities, and in the behavior of people within the company through its CODE OF ETHICS.

It is the responsibility of the Governing Body to establish the values and principles by which the organization must be governed, and it is the responsibility of the President of HECA GLOBAL to subscribe to these values in their expression as the HECA GLOBAL Code of Ethics.

POLICIES COMPLIANCE HECA GLOBAL

1. CONTEXT OF THE ORGANIZATION. STRUCTURE AND ACTIVITIES

HECA GLOBAL Policies on Context and Activities

  1. Integrate the activities of all the companies, subsidiaries and/or countries in which HECA GLOBAL operates into a unified operational organization under the name HECA GLOBAL.
  2. Consider, for the purposes of management systems, including quality and compliance, the different companies created in each country as subsidiary entities of HECA GLOBAL.
  3. Establish, to the extent possible, a homogeneous system for the development of activities that are common to the HECA organization in its different countries and places of operation.
  4. Take advantage of the knowledge, experience and skills developed by people in any of the companies, countries and localities in which HECA GLOBAL operates to enrich the entire HECA GLOBAL organization.
     

2. CONTEXT ORGANIZATION BUSINESS PARTNERS

Policies regarding business partners at HECA GLOBAL

  1. HECA GLOBAL considers as business partners those organizations or people who cooperate in a decisive or relevant way in its business activities and operations.
  2. It is HECA GLOBAL’s purpose that its relationships with business partners do not compromise the ethical behavior of the organization.
  3. Adopt due diligence measures in relation to business partners, and when appropriate, determine and establish commitments that ensure, as far as possible, behavior aligned with the ethical principles of HECA GLOBAL and its Compliance management system.

3. CONTEXT OF THE ORGANIZATION STAKEHOLDERS

Policies regarding the needs and expectations of stakeholders in relation to HECA GLOBAL’s compliance management.

  1. HECA GLOBAL must be sensitive to the needs and expectations of interested parties that are relevant to the compliance management system and that may include: the organization itself, clients, suppliers, government organizations and public administrations and third parties.
  2. HECA GLOBAL will identify and determine the relevant requirements of interested parties, incorporating them in the appropriate manner into its compliance obligations and adopting the necessary measures to comply with them.
  3. HECA GLOBAL will establish and maintain an updated register of interested parties and the requirements relevant to the compliance management system.
  4. If any conflict arises between the requirements of interested parties, HECA GLOBAL will adopt the necessary measures to resolve it, always giving priority to compliance with the legal regulations that apply to the company.
     

4. SCOPE OF THE COMPLIANCE MANAGEMENT SYSTEM

Policies regarding the scope of HECA GLOBAL’s compliance management system.

  1. HECA GLOBAL will ensure that the compliance management system includes in its scope all those activities that:
  1. Constitute the essential core of its business operations.
  2. Are exposed to a greater risk in relation to irregularities, bribery, corruption, or crimes that may be attributed to the legal entity.
  3. That decisively influence the prevention of fraud, and in minimizing the risks for Compliance.

2. HECA GLOBAL will determine the scope of the compliance management system and its application to the different business units in the different countries considering:

  1. The development of the activity, its volume, significance and extension.
  2. The consolidation of the organization and the experience of the work teams.
  3. The training and capacity building of managers and employees in relation to Compliance and the management of the Compliance system.
  4. The importance of the contracts signed with the interested parties in each country or region.
  5. The national and local provisions in relation to the criminal liability of the legal entity.
  6. The assessment of the risks for Compliance in each country, subsidiary or organization.

3. HECA GLOBAL adopts as Group policy that the scope of the compliance management system may be extended to the entire organization.
 

5. ANALYSIS AND EVALUATION OF COMPLIANCE RISKS

Policies regarding the analysis and evaluation of the risks of HECA GLOBAL’s compliance management system.

  1. For HECA GLOBAL, the evaluation of compliance risks constitutes the basis for the implementation of the compliance management system and the allocation of adequate and appropriate resources and processes to manage the identified compliance risks.
  2. At HECA GLOBAL, the participation of the Management Team and the area managers in the identification of risks, and their collaboration to analyze, evaluate and establish measures to avoid or mitigate them, is considered very relevant.
  3. In everything that is appropriate, the analysis of compliance risks at HECA GLOBAL will be done in accordance with a procedure aligned with that of other risk analyses (e.g. quality) of the organization, its methodology and presentation.
  4. The results of the analysis and evaluation of compliance risks at HECA GLOBAL will be considered for the information and training of the people in the organization, and particularly regarding certain risks to those who occupy the most exposed positions.
  5. The identification, analysis and evaluation of compliance risks must be subject to periodic review to ensure that it remains valid and effective.

6. COMPLIANCE CULTURE

Policies regarding HECA GLOBAL’s culture and governance.

  1. HECA GLOBAL aims to develop, maintain and promote a compliance culture at all levels of its organization.
  2. At HECA GLOBAL, the active, visible, consistent and sustained commitment of those in Government and Management positions to the Code of Ethics and the compliance management system will be considered essential to extend and consolidate the compliance culture in the company.
  3. People in management and responsibility positions will promote behaviors that create and support compliance and will not tolerate behaviors that compromise it.
  4. The governance of compliance and its management system at HECA GLOBAL will be characterized by being exercised by those responsible for the compliance function with independence, appropriate competence and authority, and direct access to the governing body.

7. SUPPLIER AND BUSINESS PARTNER CODE OF ETHICS AND CONDUCT

Policies in relation to the Supplier and Business Partner Code of Ethics and Conduct

  1. HECA GLOBAL’s Code of Ethics will be considered as the organization’s internal regulations that must be complied with and any violations thereof may result in the application of disciplinary sanctions.
  2. All Suppliers and Business Partners will be informed of the Supplier and Business Partner Code of Conduct.
  3. No activity of any kind will be carried out with entities that do not comply with the Supplier and Business Partner Code of Conduct.
  4. The Supplier and Business Partner Code of Conduct will be reviewed together with the Heca Global Code of Ethics to ensure its consistency.
  5. All contracts will mention compliance with the Supplier and Business Partner Code of Conduct.
  6. Any relevant breach of this Supplier and Business Partner Code of Conduct may result in the termination of the Supplier and/or Business Partner relationship with HECA.

8. ROLES, RESPONSIBILITIES AND AUTHORITIES

Policies regarding compliance responsibilities and authorities at HECA GLOBAL.

  1. The highest responsibility for compliance at HECA GLOBAL will be assumed by the Governing Body and exercised by its President, without prejudice to the possibility of delegating its functions when appropriate.
  2. The Management exercised by the General Manager will act as the highest-level decision-making body on operational issues related to the compliance management system, within the framework of the guidelines set by the Governing Body.
  3. The compliance function will be shared by a Compliance Committee with the participation of some representatives of HECA Group companies included in the scope of the compliance management system to coordinate compliance at HECA GLOBAL.
  4. HECA GLOBAL will have the figure of a Compliance Officer who will promote the compliance management system, with the authority and independence required for the exercise of his or her functions.
  5. All HECA GLOBAL staff, and especially those who hold management positions, will make the necessary effort to know their compliance obligations and responsibilities and carry them out effectively.

9. COMPLIANCE BODY

Policies regarding the exercise of the compliance function in HECA GLOBAL.

  1. HECA GLOBAL considers the compliance function to be a fundamental part of achieving the objectives and effectiveness of the compliance management system and therefore must be shared with the Group entities in the countries included in the scope.
  2. HECA GLOBAL will have a Compliance Officer with knowledge, experience and skills that give him the capacity and prestige so that his advice and guidelines are accepted and contribute to extending the culture of compliance throughout the organization.
  3. The President and General Management of HECA GLOBAL will grant the Compliance Officer sufficient support, authority and independence for the correct exercise of his functions and responsibilities.
  4. The compliance function will be guaranteed direct access to the Governing Body and the Management and that it can act free of conflicts of interest to fulfill its task.

10. ACTIONS TO ADDRESS RISKS AND OPPORTUNITIES

Policies regarding actions to address risks and opportunities.

  1. HECA GLOBAL will have the necessary processes in place within the framework of the compliance management system to prevent and minimize risks to compliance and achieve continuous improvement.
  2. HECA GLOBAL establecerá procedimientos y controles para gestionar las obligaciones de cumplimiento y los riesgos asociados al compliance y adaptará sus procesos y procedimientos de negocio para incluir medidas que contribuyan a ello.
  3. HECA GLOBAL will establish what is necessary so that the processes, products or services that are provided externally and are relevant to the compliance management system are adequately controlled.

11. COMPLIANCE TRAINING AND AWARENESS

Policies regarding compliance training and awareness.

  1. All training activities will be aimed at promoting compliance with the principles of ethics and integrity promoted by HECA GLOBAL and the applicable laws and regulations of the Compliance Management System.
  2. All HECA GLOBAL employees will have equal access to training activities through corporate communication plans.
  3. HECA GLOBAL will provide employees with initial and ongoing training to mitigate Compliance risks in the development of their activities.

12. HECA GLOBAL DOCUMENT MANAGEMENT

HECA GLOBAL Document Management Policies

  1. Have a standardized document management process to facilitate the creation, updating, and control of documented information that forms part of its management systems.
  2. Determine those responsible for the issuance and approval of documentation and its updates, as well as for its custody, conservation, use, distribution, and administration by users.
  3. Use a systematic and uniform method to classify and identify documents according to categories, areas of interest, scope, and validity through their numbering and revision date.
  4. Maintain a homogeneity in the presentation, structure, style, and language of the documentation to facilitate its understanding and application.

13. RAISING CONCERNS

Policies regarding reporting concerns, compliance-related queries and reporting irregularities at HECA GLOBAL.

  1. All directors, managers, employees, advisors and external personnel must be aware that they are obliged to report without delay any illicit, illegal or fraudulent conduct, suspicious or unusual transactions, or events that may constitute an infringement to the company, by any member of HECA GLOBAL that come to their attention.
  2. Any event that, in the opinion of an employee, violates the Code of Ethics, or that in any way may be considered an act against HECA GLOBAL, fraudulent or illegal, must be reported to the Compliance Officer or through the HECA GLOBAL whistleblower channel.
  3. Any member of HECA GLOBAL who receives instructions that are incompatible with the values, policies and internal standards must report it to higher authorities, to the Compliance Officer or through the Reporting Channel.
  4. HECA GLOBAL will do its best to protect any employee who reports actual or potential irregularities, and will not hesitate to sanction those who, out of laziness, convenience or a false spirit of loyalty, refrain from reporting situations of this nature.
  5. HECA GLOBAL values and respects all people who raise concerns for consideration. It will not allow anyone to be mistreated for having raised an issue honestly. Any retaliation against a person who raises a concern honestly or who participates in an investigation is considered a violation of the Code of Ethics. They must continue to be treated with respect and kindness. If you believe that someone has been the victim of retaliation, you must report the incident.

14. INVESTIGATION OF BREACH

Policies regarding the investigation of breaches at HECA GLOBAL.

  1. Knowledge of an actual or potential irregularity, an alleged criminal act or an act contrary to HECA GLOBAL’s Code of Ethics must be adequately investigated to verify the facts, understand their circumstances, mitigate their consequences and prevent their repetition.
  2. In the process of investigating irregularities, those who are aware of them or participate in their clarification will act respecting confidentiality regarding the facts and the persons who may be involved, as a fundamental principle of HECA GLOBAL’s Code of Ethics. If, as an exception, due to a legal provision, it is necessary to notify the authorities, this will be subject to qualification by the HECA GLOBAL Compliance Officer.
  3. HECA GLOBAL appeals to the individual responsibility and loyalty to the company of those who must participate in a process of investigation or resolution of non-compliance, so that in their actions they avoid any conduct that may be harmful to the prestige, interests or assets of the company or its members, avoiding disseminating any type of information that threatens the dignity of the company or its directors, managers, employees or collaborators.
  4. When a person called to collaborate or provide information in a process of investigation of irregularities finds that they may present a conflict of interest, due to the fact or the people involved, they will communicate this to the Compliance Officer so that it is taken into consideration.
  5. HECA GLOBAL provides those who participate in a process of investigation of a non-compliance with the same protection against retaliation that it guarantees to those who make a complaint in good faith.
  6. The effective lack of cooperation with an internal investigation may give rise to the application of disciplinary sanctions, which in extreme cases may lead to the employee’s dismissal from his or her duties, without prejudice to the civil and criminal actions that may arise from such actions.

15. DISCIPLINARY SYSTEM. APPLICATION IN COMPLIANCE

Policies regarding the application of a sanctioning regime in cases of non-compliance in relation to compliance at HECA GLOBAL.

  1. Violations of the laws and the Code of Ethics, or the effective lack of cooperation with an internal investigation, may give rise to the application of disciplinary sanctions, which in extreme cases may lead to the dismissal of the employee from his or her duties, without prejudice to the civil and criminal actions that may arise from such actions.
  2. HECA GLOBAL considers any criminal act, violation of its Code of Ethics or of the policies and provisions related to compliance that govern the company’s activity to be serious.
  3. In applying the sanctioning regime, HECA GLOBAL will take into consideration the formal provisions established by current legislation in the place where the sanctions must be applied.
  4. HECA GLOBAL will react immediately to breaches and will adopt decisions related to the sanctioning regime in the most appropriate manner, considering the circumstances, relevance and impact on the company.

16. OPERATIONAL PLANNING AND CONTROL

Policies related to operational planning and control.

  1. HECA GLOBAL will have the necessary processes in place within the framework of the compliance management system to prevent and minimize risks to compliance and achieve continuous improvement.
  2. HECA GLOBAL will establish procedures and controls to manage compliance obligations and risks associated with compliance and will adapt its business processes and procedures to include measures that contribute to this.
  3. HECA GLOBAL will establish what is necessary so that the processes, products or services that are provided externally and are relevant to the compliance management system are adequately controlled.

17. MONITORING, MEASUREMENT, ANALYSIS AND EVALUATION OF THE COMPLIANCE MANAGEMENT SYSTEM

Policies regarding monitoring, measurement, analysis and evaluation of the compliance management system at HECA GLOBAL.

  1. All HECA GLOBAL management staff and particularly those with responsibilities for compliance, General Management, Compliance Officer and members of the Internal Compliance Committee, will maintain an attitude of continuous evaluation regarding the compliance management system.
  2. Those responsible for developing, implementing or maintaining appropriate indicators to evaluate compliance performance will act diligently to ensure that these are up to date and reviewed in the established periods or at reasonable intervals.
  3. Whenever appropriate, actions will be proposed or adopted to maintain and improve the effectiveness of the compliance system when the monitoring, measurement and analysis of the data reveal real or potential weaknesses or increased risks to compliance.

18. COMPLIANCE REVIEW AND REPORTING

Policies regarding compliance review and reporting

  1. The HECA GLOBAL Compliance Body will diligently exercise the functions of monitoring and controlling the compliance management system and will promptly report any incidents related to compliance that arise in the organization.
  2. The Compliance Body’s reports, regardless of the structure and frequency they adopt, must serve as support and documentation for the review of the system by Management.
  3. The Compliance Officer and members of the Internal Compliance Committee will collaborate in the preparation and presentation of reports, whether ordinary or exceptional.
  4. The Compliance Body’s reports will provide accurate and complete information in accordance with their purpose.

19. AUDITS OF THE COMPLIANCE MANAGEMENT SYSTEM

Policies regarding the performance of audits of the compliance management system.

  1. Audits of HECA GLOBAL’s compliance management system are considered a relevant part of the system, will be carried out on a scheduled basis and will be performed by auditors who can reasonably ensure the objectivity and impartiality of the audit process.
  2. The planning of the audits – objectives, scope and criteria – will consider the requirements of HECA GLOBAL’s compliance management system, as well as its Code of Ethics and internal provisions that affect compliance.
  3. All persons in the HECA GLOBAL organization will actively collaborate when their participation is requested during the audits, providing the information and documentation that may be required with transparency and loyalty.
  4. The Internal Compliance Committee and the Compliance Officer will support the performance of audits of the compliance management system, facilitate their programming, supervise their execution and attend to the results.

20. MANAGEMENT REVIEW OF THE COMPLIANCE MANAGEMENT SYSTEM

Policies regarding the review of the compliance management system by HECA GLOBAL management.

  1. The management review will be inspired by the core values and principles expressed in the HECA GLOBAL Code of Ethics.
  2. The General Management of HECA GLOBAL will be responsible for periodically conducting a review of the system to ensure the suitability, appropriateness and effectiveness of compliance in the organization.
  3. In its review of the compliance management system, the General Management will be assisted by the Internal Compliance Committee.
  4. The General Management will involve the President of the HECA GLOBAL Group as representative of the governing body in the results, analysis and outcomes of the review, including recommendations and decisions related to opportunities for continuous improvement and any need for change in the compliance management system.

20. REVIEW OF THE COMPLIANCE MANAGEMENT SYSTEM BY THE GOVERNING BODY

Policies regarding the review of the compliance management system by HECA GLOBAL management.

  1. The review by the governing body will be inspired by the fundamental values and principles expressed in the HECA GLOBAL Code of Ethics.
  2. The President of the HECA GLOBAL Group will be the one who will assume the formality of periodically carrying out the review on behalf of the entity’s governing body.
  3. The review of the compliance management system by the governing body will be carried out based on the General Management’s Review Report, without prejudice to the possibility of considering, requiring or carrying out other additional analyses or assessments.
  4. Documentary evidence of the completion of the review referred to in this procedure will be kept.

22. CONTINUOUS IMPROVEMENT, NON-CONFORMITIES AND CORRECTIVE ACTIONS

Policies regarding continuous improvement and addressing non-conformities in the compliance management system at HECA GLOBAL

  1. HECA GLOBAL will establish resources in its own compliance management system to have the means to maintain continuous improvement of the system, as well as its integrity and effectiveness, including, for example, the establishment of objectives, compliance reports, management review and audits.
  2. To incorporate changes and improvements in the system, operations, resource availability, compliance risk assessments, compliance obligations, as well as their implications for the management system will be considered.
  3. HECA GLOBAL will diligently address any non-conformities detected in its compliance management system, reacting appropriately, identifying their causes and adopting the appropriate corrective measures.