Internal reporting system
implemented by the company: OPTUS Reality s.r.o., Company ID: 109 98 781, with its seat at: Za Mlýnem 1596/3, 147 00 Prague 4 – Braník, tel.: +420 603 415 587, +420 244 465 821, e-mail: info@optus.cz, Data Box ID: pgw58fw, www.optus.cz (hereinafter referred to as the “Real Estate Broker”)
1. Introduction
Since its inception, OPTUS Reality s.r.o. has been committed to maintaining its good reputation and therefore places great emphasis on honest, lawful, ethical, and transparent conduct—both within the company and in its dealings with clients, suppliers, and other third parties. The “Real Estate Broker” does not tolerate unlawful conduct and always strives to do everything possible to eliminate the possibility of unlawful conduct on the part of its employees, associates, statutory bodies, and other persons.
To date, the “Real Estate Broker” has done so primarily through the provisions of Section 251 of Act No. 262/2006 Coll., the Labor Code, as amended, within the framework of labor-law relationships, as well as through its internal corporate culture and social responsibility.
“Real Estate Broker” is now introducing this internal reporting system, which will facilitate the reporting of potential illegal conduct and protect whistleblowers from retaliation, thereby contributing to the further development of corporate culture within the company and the advancement of professional and ethical business practices in the Czech Republic and abroad. The priority is to create a system and corporate environment that allows individuals to report suspected crimes, misdemeanors, or other harmful conduct without fear of reprisal and with the assurance that their report will be properly investigated and, in the event of misconduct, appropriate corrective measures will be taken.
A. What types of conduct can be reported?
A.1
Act No. 171/2023 Coll., on the Protection of Whistleblowers (hereinafter the “Whistleblower Protection Act”), governs reports that may be submitted through the internal reporting system or pursuant to the provisions of Section 2 of the Whistleblower Protection Act.
A.2
This refers to possible unlawful conduct that has occurred or is about to occur involving a person for whom the whistleblower, even indirectly, has performed or is performing work or other similar activities, or involving a person with whom the whistleblower has been or is in contact in connection with the performance of work or other similar activities, and which:
a) constitutes a criminal offense,
b) violates the Whistleblower Protection Act, or
c) violates another legal regulation or European Union regulation in the areas of:
1. financial services, statutory audits and other assurance services, financial products, and financial markets,
2. corporate income tax,
3. the prevention of money laundering and terrorist financing,
4. consumer protection,
5. compliance with product requirements, including product safety,
6. safety of transportation, shipping, and road traffic,
7. environmental protection,
8. food and feed safety and the protection of animals and their health,
9. radiation protection and nuclear safety,
10. competition, public auctions, and public procurement,
11. protection of public order and safety, life, and health,
12. the protection of personal data, privacy, and the security of electronic communications networks and information systems,
13. the protection of the financial interests of the European Union, or
14. the functioning of the internal market, including the protection of competition and state aid under European Union law.
A.3
If the reported conduct does not constitute a criminal offense, it must violate regulations falling within the areas defined above under items 1 through 14.
A.4
“Work or other similar aktivity“, as referred to in Section 2(3) and (4) of the Whistleblower Protection Act, means:
a) employment performed under a basic employment relationship,
b) service,
c) self-employment,
d) the exercise of rights associated with participation in a legal entity,
e) serving as a member of a legal entity’s governing body,
f) performing a task as part of a legal entity’s activities, in its interest, on its behalf, or for its account,
g) the administration of a trust fund,
h) volunteer work,
i) professional internship or apprenticeship,
j) the exercise of rights and obligations arising from a contract whose subject matter is the provision of goods, services, construction work, or other similar performance
A.5
For the purposes of this Act, “work or other similar activity” also includes applying for work or other similar activity.
B.1
Reports may be submitted through the internal reporting system of the “Real Estate Broker” (hereinafter referred to as the “designated person”), to the Ministry of Justice of the Czech Republic, or published under the conditions specified in Section 7(1)(c) of the Whistleblower Protection Act.
B.2
The designated person is the individual appointed by the “Real Estate Broker” to receive and assess the merits of reports regarding possible unlawful conduct, who proposes (if the report is deemed valid) measures to remedy or prevent the unlawful situation.
The designated person is: Ing. Andrea Kublová, the company’s managing director. In the performance of her duties, she acts impartially and is bound by confidentiality.
B.3
Reports may be submitted to the designated person, namely Ing. Andrea Kublová:
1) In writing, by mail in an envelope marked “INTERNAL REPORTING SYSTEM” and bearing the notation “Do Not Open, Confidential,” to the following address:
name: Ing. Andrea Kublová
company: OPTUS Reality s.r.o.
address: Za mlýnem 1596/3, 147 00 Praha 4 – Braník
2) Electronically to the email address: andrea.kublova@optus.cz
3) By phone to the designated person at tel. no.: +420 603 415 587, who will subsequently meet with the reporter in person.
C.1
Reports may be submitted verbally or in writing through the internal reporting system (see sections B.1 through B.3). If the reporter requests it, the designated person is required to accept the report in person within a reasonable timeframe, but no later than 14 days from the date the reporter made the request.
C.2
The relevant person is required to notify the reporter in writing of the receipt of a report under paragraph C.1 within 7 days of its receipt, unless
a) the whistleblower has expressly requested that the competent person not notify him or her of the receipt of the report, or
b) it is evident that notifying the whistleblower of the receipt of the report would result in the disclosure of the whistleblower’s identity to another person.
C.3
The responsible person is required to assess the merits of the report and notify the reporter in writing of the results of the assessment within 30 days of receiving the report. In factually or legally complex cases, this deadline may be extended by up to 30 days, but no more than twice. The competent person is required to notify the whistleblower in writing of the extension and the reasons for it before the deadline expires. Paragraph C.2 applies mutatis mutandis.
C.4
If, while assessing the merits of a report, the competent person determines that the report does not fall under this Act, they shall notify the reporter in writing without undue delay.
C.5
If the report is deemed justified, the competent person shall propose measures to the obligated entity to prevent or remedy the unlawful situation. If the report is filed with the competent person of an obligated entity for which the whistleblower does not perform work or other similar activities, the competent person shall propose corrective measures to the person for whom the whistleblower performs work or other similar activities, unless the nature of the matter precludes this. If the obligated entity does not adopt the measures proposed by the designated person, it shall adopt other appropriate measures to prevent or remedy the unlawful situation; this does not apply if the measures were proposed to a person other than the obligated entity that designated the designated person. The obligated entity shall immediately notify the competent person of the measures taken, and the competent person shall notify the whistleblower in writing without undue delay. Paragraph C.2 applies mutatis mutandis.
C.6
If the report is not deemed substantiated, the competent person shall, without undue delay, notify the whistleblower in writing that, based on the facts stated in the report and the circumstances known to the competent person, no suspicion of unlawful conduct has been found, or that the report is based on false information, and shall inform the whistleblower of their right to file a report with a public authority.
C.7
An audio recording or a transcript that accurately captures the substance of the oral report shall be made of the oral report. An audio recording of an oral report may be made only with the reporter’s consent. The competent person or authorized employee shall allow the reporter to comment on the recording or transcript of the audio recording, if one was made; the reporter’s comments shall be attached to the recording or transcript.
D.1
The responsible person shall not disclose information that could frustrate or jeopardize the purpose of the report. This obligation also applies to any third party who gains access to reports or to the record of received reports in violation of Section 21(3) of the Whistleblower Protection Act.
D.2
Information regarding the whistleblower’s identity may be disclosed only with the whistleblower’s written consent, unless the relevant person is required to provide such information to the competent public authorities under other legal regulations. If the relevant person provides information regarding the whistleblower’s identity to a public authority, they are required to notify the whistleblower in advance, along with the reasons for which they are obligated to provide such information, and to allow the whistleblower to comment on the disclosure of the information.
D.3
The responsible person is required to maintain electronic records of reports received, including the following information:
a) the date the report was received,
b) the reporter’s first name, last name, date of birth, and contact address, or other information from which the reporter’s identity can be determined, if such information is known to them,
c) a summary of the report’s content and the identification of the person against whom the report was directed, if the reporter’s identity is known,
d) the date on which the competent person completed the assessment of the report’s merits and the outcome of that assessment.
D.4
The competent person is required to retain reports submitted through the internal reporting system and documents related to the report for a period of 5 years from the date of receipt of the report.
D.5
In the case of reports submitted through the internal reporting system, only the designated person has access to the records referred to in paragraph D.1, to the documents related to the report, and to the reports retained pursuant to paragraph D.2.
Employees, pursuant to the provisions of Section 2(3) and (4) of the Whistleblower Protection Act, may, in accordance with the provisions of Section 16(1) of the Whistleblower Protection Act, also file a report with the Ministry of Justice, however, when reporting a violation of Act No. 253/2008 Coll., on Certain Measures Against the Legalization of Proceeds from Crime and the Financing of Terrorism (the AML Act), it is necessary to use the reporting system of the Financial Analytical Office (FAÚ).
This internal reporting system of the “Real Estate Broker” is published on the website www.optus.cz.
In Prague on August 1, 2023
Ing. Andrea Kublová
Managing Director of OPTUS Reality s.r.o.
(Real Estate Broker)