Ardelin’s conduct towards employees, business partners, shareholders and the public is characterized by integrity, fairness and professionalism. Both strategic considerations and day-to-day business are based on the highest ethical and legal standards. Your opinion and mutual trust help us to achieve and maintain these standards. That’s why we have introduced a whistleblower protection program that allows you to report breaches in a strictly confidential way. Both our employees and, for example, our business partners can take advantage of this option.
The basis of the whistleblower protection is the ethics hotline, which is operated for us by Valfor Rechtsanwälte Ltd., Switzerland (the “Ethics Line”). You can submit a strictly confidential report or follow the processing of a report already submitted by email or phone.
Details of who can submit a notification, what can be notified, how the notification is handled and how your personal data is protected can be found in the Whistleblower Protection Policy below.
The policy sets out to inform reporting persons of the options available to them when reporting suspected illegal activity and wrongdoing, which relates to Ardelin operations.
This policy contains information about the types of suspicions that should be reported, the rights of reporting persons, procedures for investigating reports and the notifying of reporting persons of the outcomes of such investigations.
The term “whistleblowing” is used to describe a disclosure by an employee or another person of suspected wrongdoing, risk of wrongdoing and irregularities within an organization.
The term “reporting person” describes a person who reports suspected or actual wrongdoing and has reasonable belief that the information is true at the time of the reporting.
It is essential that reporting persons feel safe and report their suspicions in early stages of the suspect activity to the Ethics Line.
Ardelin supports its employees and other persons in reporting matters that are deemed to contravene the rules and/or values upheld by Ardelin. By implementing its Ethics Line, Ardelin makes available various reporting channels that ensure the protection of the reporting person’s identity. Where the identity of the reporting person is known, it is never disclosed without the explicit consent of the reporting person (unless required by law) and on a need-to-know basis. Similarly, no other information is disclosed that could be used to infer a reporting person’s identity (unless required by law).
Timely reporting of suspected wrongdoings is beneficial as it facilitates the speedy investigation of the reported matter and reduces the chances of any negative impacts.
Reports may be filed by natural persons who have become aware of an illegal activity, irregularities or misconduct in connection with Ardelin operations. Such persons include particularly:
Persons whose legal relationship with Ardelin is yet to commence shall be subject to this policy only to the extent to which the reported information was obtained as part of pre-relationship negotiations, e.g., during the recruitment and selection of potential employees or in any other pre-contractual exchange of information.
The Ethics Line can be used to report suspicions of the following types of wrongdoing, which conflict with an obligation of the company or its employees:
The reporting of misconduct must relate to the business activities of Ardelin. Private matters and minor offense are excluded from the obligation and right to report. Such incidents should be addressed directly with those involved, involving the immediate supervisor if necessary.
This policy is not concerned with grievances related to employment and/or relationships in the workplace. Solutions to work-related matters or any other issues not covered by this policy should be sought from the Human Resources department (“HR”).
This policy also does not apply to any service-related complaints or complaints about unsatisfactory quality. Please refer to the relevant sales team.
Reporting persons must have reasonable grounds for believing that the matter to be reported is concerned with one or more of the areas covered by this policy. The reporting person must, as far as circumstances permit, carefully check whether the circumstances and data are accurate and reliable. It is possible to report past, current, or likely future matters. There is no requirement for definitive supporting evidence to be included with the report. Disclosures need only be made in good faith and as complete as possible given the circumstances at the time of the disclosure.
If there is doubt as to whether a suspicion should be reported, it is advisable to discuss the matter with a superior or another person in a managing position who can be trusted and is not involved in the matter in any way. It is important not to share any information about possible suspicions with anyone involved in the matter or any third party other than the person from whom confidential advice is sought.
Anyone reporting a matter falling outside the scope of whistleblower protection legislation will be notified of the fact without undue delay.
It is recommended that all relevant suspicions be reported using the Ethics Line in the manner described below. This approach ensures a timely response and investigation.
The Ethics Line is available under whistleblower@ardelin.io
The Ethics Line is operated for us by Valfor Rechtsanwälte Ltd., Switzerland, with registered branch office at: St. Annagasse 9, 8001 Zürich.
The following employees of Valfor Rechtsanwälte Ltd. have been appointed as persons of first contact: Cyrill Süess and Marsha Karas (the “Persons of first contact”).
When filing a report using the Ethics Line, reporting persons will be asked to specify:
The details of the reporting person are treated confidential and are only disclosed on a need-to-know basis (unless required by law). Providing the details of the reporting person allows for a follow-up, increases credibility and may consequently speed up the investigation considerably.
Reports that are and remain generalised and unsubstantiated reports may not be processed and investigated by the Ethics Line.
Reports may also be filed by telephone on the following number: +41 58 220 37 90 between 9:00 and 16:00.
It is understandable that potential reporting persons may be apprehensive about reporting their suspicions and possible consequences befalling them. Ardelin has developed this policy to implement a framework which ensures that Ardelin employees and third parties are listened to and can share their justified suspicions of wrongdoing without fear of retaliation. Ardelin thus ensures the protection of persons reporting their suspicions in good faith and in line with the framework in this whistleblower protection policy even if the plausible suspicions subsequently prove to be unjustified.
Reports made with the intention to provide knowingly false information and damage Ardelin do not enjoy such protections and may be penalized in compliance with the applicable whistleblower protection legislation or any other applicable legislation.
Where the reporting person shares their identity, Ardelin will not disclose any personal information without the explicit consent of the reporting person beyond a need-to-know basis to any person other than the competent persons authorized to investigate reports (unless required by law). The same applies to any other information from which the identity of reporting persons could be inferred (unless required by law, such as in connection with investigation by law enforcement authorities or as part of judicial proceedings).
Persons affected by the investigation of a report are entitled to fair treatment during the course of the investigation. This includes the assumption of innocence, the unbiased and objective assessment of relevant facts, the prohibition of discrimination and the protection of personal data as stipulated by applicable legal regulations.
The suspected person must be informed of the report and the raised suspicion and heard as soon as it is reasonably possible without jeopardizing the pending investigations. Unless provided by law, the person affected by the report does not have a right to know the identity of the reporting person.
The receipt of a report will be confirmed by the Persons of first contact within seven days. The Persons of first contact also notify designated persons within Ardelin about the receipt of a report, together with information regarding the nature of the report.
Next, the mandated investigators evaluate whether a breach was committed as specified by whistleblower protection legislation and/or associated national legislation for the purposes of the subsequent confirming or disproving of the reported suspicion. The Ethics Line may call on internal and external specialists departments and local counsels in the relevant jurisdictions for support.
The mandated investigators are not authorized to share any specific information with the reporting person regarding the course of the investigation.
Investigators may use a system of confidential communication with the reporting person to obtain additional information as necessary. The mandated investigators may also request a meeting with the reporting person as an opportunity for the latter to explain their suspicions in detail and provide any available evidence. The reporting person is not obliged to agree to such a meeting.
Investigators may also request cooperation from any person to whom the report is related and/or other Ardelin employees who may assist in the investigation. Any information so obtained will be treated confidential on a need-to-know basis. Any notes created will form part of the file maintained by competent persons during the investigation.
Personal data and information will be retained for as long as it is necessary for processing the report and, where applicable, for initiating measures, or for as long as the data must be retained by law.
Should a reporting person feel at any point during the investigation that they are the subject of retaliatory measures as a result of their report, they must notify the mandated investigators or the Persons of first contact of the fact at their earliest opportunity. Any such claim will be reviewed as part of the investigation and any person found to have participated in any retaliatory measures will be treated in compliance with applicable law incl. labour law provisions.
During and at least once the investigation has been concluded, the mandated investigator shall inform the adequate bodies within Ardelin. In the event of particularly serious misconduct, the Board of Directors will be informed.
In addition, the Persons of first contact shall report to the board of directors at least annually on all reports received, while protecting the personal rights of those involved (anonymity).
Based on the information acquired, the mandated investigators determine whether an evaluated report is justified. The conclusions of the evaluation will be described and included in the file. Anonymized conclusions will be submitted to designated persons within Ardelin along with any recommendations for the rectification of identified shortcomings and/or mitigation of identified risks.
The reporting person will be notified of the conclusion regarding the justification of their report within 30 days from the receipt of the report. This period may be extended in complicated cases by up to 30 days, no more than twice. The reporting person will be notified of any extension of the notification period.
Where measures are introduced as a result of the report evaluation with the aim of rectifying identified shortcomings or mitigating identified risks, the mandated investigators will inform the reporting person of the fact. Any measures introduced and information provided shall balance and guard all interests protected by law, including objectives of criminal proceedings, misdemeanor proceedings or any other proceedings regarding an activity that bears the characteristics of a misdemeanor.