Information regarding the information system and the activities of the Compliance Officer for companies in the Unicorn Systems Group
The Unicorn Group, which consists of Unicorn Systems a.s., ID No.: 25110853, with its registered office in Prague 3, V Kapslovně 2/2767, Postal Code 13000, as well as all its subsidiaries and sub-subsidiaries (a list of the companies is provided hereinunder), are very particular about adherence to rules of ethics and moral principles, as well as about acting in a legal way. The same is required of persons who participate in the activities of the Group.
In compliance with Act No. 171/2023 Sb., providing for the protection of whistleblowers (hereinafter “the Whistleblowers Protection Act”), the companies from the Unicorn Systems Group establish the reporting system to be used by good-faith reporting persons (whistleblowers) to report to the Compliance Officer any unlawful or unethical conduct, including threatening conduct, of which they learn.
In compliance with sec. 8 (3) of the Whistleblowers Protection Act, the companies in the Unicorn Systems Group share one common reporting system, and there is a single Compliance Officer in the Group.
What is the reporting system and what is reporting?
The reporting system comprises reporting channels by means of which whistleblowers can submit their reports regarding any unethical or unlawful conduct, including threatening conduct, of which they learn and which relates to the activities of any of the companies in the Unicorn Systems Group.
Who is eligible to submit a report?
A report may be submitted by anyone.
To illustrate, you can submit a report if you are an employee or a cooperating person of one of the companies in the Unicorn Systems Group, or its supplier, business partner, or client, and you learn of unlawful or unethical conduct.
In compliance with sec. 2 (3) (a),(b), (h) or (i) of the Whistleblowers Protection Act, the companies in the Unicorn Systems Group do not exclude the acceptance of reports from persons who do not perform work or other similar activities for them.
Which reporting persons are protected?
Reporting persons acting in good faith are those who are chiefly protected.
You are protected if, at the time of reporting, there was a legitimate reason on your part to believe that the information about unlawful or unethical conduct which you have reported was true at the time of reporting.
The protection is not awarded to a reporting person who submitted a report without having reasonable grounds to believe that the report was based on true information. In cases of doubt, it is presumed that the reporting has been made in good faith.
What can be reported?
You can report any unlawful or unethical conduct carried out in connection with the activities of the companies in the Unicorn Systems Group.
Unlawful conduct means any act against the effective laws and legal regulations of the Czech Republic, the European Union, or international treaties by which the Czech Republic is bound, i.e. any act, without limitation, which:
a) satisfies elements of a crime;
b) satisfies elements of an administrative infraction;
c) violates the Whistleblowers Protection Act or the internal Directive Governing the Internal Reporting System of the Unicorn Systems Group.
Further, unlawful conduct means any act in violation of a legally effective decision by a public body or in contravention of the internal regulations of the Unicorn Systems Group.
Unlawful conduct means any act in contravention of the rules of general morals.
To whom are reports to be made?
COMPLIANCE OFFICER
Any report is primarily to be submitted to the Compliance Officer of the Unicorn Systems Group.
The Compliance Officer for all companies in the Unicorn Systems Group is Vanda Havlová.
Reports can be submitted to the Compliance Officer via the following reporting channels:
a) by sending a written submission to the delivery address of the Compliance Officer of the Unicorn Systems Group, which is Vanda Havlová, EBC Classic 7, Budova N, Jankovcova 1037/49, 170 00 Praha - Holešovice (hereinafter “Written Report”); in such a case, label the envelope with “do not open, to the hands of the Compliance Officer only”;
b) by filling out a request making use of the compliance reporting channel ;
c) in person during a meeting with the Compliance Officer following a prior request; in such a case, the Compliance Officer must grant the request and meet the reporting person within 14 day of the request.
A reporting person who is not an Coworker of a company in the Unicorn Systems Group can use all the reporting channels listed above apart from the compliance reporting channel, which can only be used by them if they are a user of the Plus4U Internet Service.
Anonymous reporting can be made by way of submitting a Written Report.
If you do not wish to make a report to the Compliance Officer for any reason whatsoever, to whom can you submit a report?
OTHER PERSONS
If your report concerns the Compliance Officer themself, or if you have a reasonable doubt regarding the credit or impartiality of the Compliance Officer, or if you do not agree to the report being dealt with within the framework of the shared reporting system for all companies in the Unicorn Systems Group, you can make a submission to the chair of the executive body of the relevant company in the Unicorn Systems Group, or, as the case may be, to any member of the executive body if the chair of the executive body has not been determined; said persons can be contacted in writing, with the report being addressed to the relevant person and sent to the address of the relevant company (see the contact details hereinunder), and labelled with “do not open, to the hands of the relevant member of the executive body only”.
EXTERNAL ENTITY (to whom reports can be submitted)
In justified cases, a report can be submitted to an external entity, which is: Mgr. Tereza Bártová, LL.M., attorney-at-law, ID No. 17649714, registered office at Španělská 770/2, 120 00 Prague. You can contact the external reporting entity at advokat@terezabartova.cz.
Justified cases include, in particular, without limitation, situations when a reporting person has doubts regarding the credit and impartiality of the Compliance Officer, of the chair of the executive body of the relevant company in the Unicorn Systems Group, or of any member of the executive body of the relevant company if the chair has not been determined.
When handling and investigating reports submitted to them, the above-listed persons, as well as the external entity, shall proceed in the same way as the Compliance Officer.
All of the above-listed persons are also considered competent persons under sec. 10 of the Whistleblowers Protection Act, which means they are bound to proceed in compliance with the Whistleblowers Protection Act and protect your identity.
If you do not make use of any of the reporting channels, you can also submit a report to the Ministry of Justice.
What information constitutes a subject of reporting?
A report must include at least the following information:
a) identification of the person concerned, i.e. the person who has acted unlawfully or unethically, provided they are known to you;
b) description of the undesirable conduct;
c) determination of evidence, witnesses, and the like;
d) your contact details as the reporting person, unless you make an anonymous submission.
Upon the assessment of the report, a need may arise on the part of the Compliance Officer to contact you with a request for particularisation of the information reported. In such a case, the Compliance Officer will address you, unless you have made an anonymous submission, and provided that such a step does not compromise the protection of your identity.
Who has access to the information communicated by a reporting person to the Compliance Officer?
The Compliance Officer stores reports and other information in a manner which does not compromise the identity of the reporting person. The Compliance Officer must not disclose your identity to any third person, unless you expressly consent to it. In general, it applies that the Compliance Officer does not allow third persons to see the reports or related information. This duty applies to any other information from which your identity could be worked out directly or indirectly.
The Compliance Officer is personally responsible for the proper and anonymous keeping of reports and other information received.
The information which is the subject of your report and which you have communicated to the Compliance Officer is only accessible by the Compliance Officer, or by the person to whom you made the submission. If the Compliance Officer further handles the report, they do so only in a manner which does not pose a risk to the protection of your identity.
The Compliance Officer may come to the conclusion that the report is to be handed over to a public body. The reporting person is protected even in such a case.
Who has access to reporting channels?
The only person with access to the reporting channels is the Compliance Officer.
Access to the reporting channels, which allows for making submissions to relevant persons other than the Compliance Officer, is exclusively for the person for whom the relevant reporting channel is intended (see above).
How does the Compliance Officer proceed when investigating a report?
Within 7 calendar days of the date of the receipt of the submission of a report, the Compliance Officer will acknowledge the receipt thereof, unless you expressly state in the submission that you are not interested in receiving such an acknowledgement, or if, by doing so, the Compliance Officer would compromise your identity.
In standard situations, the Compliance Officer will inform you about the reasonableness of the report no later than within 30 days; in difficult cases, the Compliance Officer can extend the time limit by another 30 days; however, the period cannot be extended more than twice. The Compliance Officer will notify the reporting person of the extension of the time limit and of the reasons therefor in writing before the expiration of the original time limit.
If the Compliance Officer finds the report submitted grounded, they will either propose or adopt a remedial measure.
Should the Compliance Officer find that the conduct constitutes a crime, they will pass the findings of their investigation on to the police or to a prosecuting body. In specific situations, the findings will be passed on to other administrative bodies to be dealt with as an administrative infraction.
How does the Compliance Officer protect reporting persons?
The Compliance Officer protects your identity under the relevant provisions of the Whistleblowers Protection Act, and they process the personal data received in compliance with Regulation(EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing directive 95/46/EC (general data protection regulation).
The Compliance Officer is also obliged to prevent any retaliatory action from being taken against a reporting person in connection with the reporting. The Compliance Officer must ensure that you, as a reporting person in good faith, are not punished for submitting a report in any way whatsoever.
Is it possible for me to approach the Compliance Officer with a request for consultation?
Do not hesitate to approach the Compliance Officer if you are not sure whether certain acts carried out in connection with the activities of the Unicorn Systems Group constitute unethical or unlawful conduct.
You may also approach the Compliance Officer in a situation in which you are hesitating to make a submission because you are unsure whether there has actually been an unethical or unlawful act.
In such situations, your identity is also protected by the Compliance Officer.
Which companies and other persons/entities belonging to the Unicorn Systems Group share the reporting system?
Unicorn Systems a.s., ID No.: 25110853, with its registered office at Prague 3, V Kapslovně 2/2767, Postal Code 13000, registered with the Municipal Court in Prague under file No. B 4579,
Unicorn Business Systems a.s., ID No.: 21940321, with its registered office at V kapslovně 2767/2, 130 00 Prague 3, registered by the Municipal Court in Prague, Section B, File 29044,
Unicorn Cloud Systems a.s., ID No.: 21940665, with its registered office at V kapslovně 2767/2, 130 00 Prague 3, registered by the Municipal Court in Prague, Section B, File 29045,
Unicorn Grid Systems a.s., ID No.: 21941343, with its registered office at V kapslovně 2767/2, 130 00 Prague 3, registered by the Court in Prague in Section B, File 29046,
Unicorn Market Systems a.s., ID No.: 21941751, with its registered office at V kapslovně 2767/2, 130 00 Prague 3, registered by the Municipal Court in Prague, Section B, File 29047
Unicorn Systems HSI s.r.o., ID No. 45314951, with its registered office at V Kapslovně 2767/2 Žižkov, 130 00 Prague 3, registered with the Municipal Court in Prague under file no. C 7470,
Unicorn Systems IDS s.r.o., ID No.: 28525051, with its registered office at V Kapslovně 2767/2, Žižkov, 130 00 Prague 3, registered with the Municipal Court in Prague under file no. C 147933,
Unicorn Systems Telco s.r.o., ID No.: 10951164, with its registered office at V Kapslovně 2767/2 Žižkov, 130 00 Prague 3, registered with the Municipal Court in Prague under file no. C 354240,
Axelum s.r.o., ID No.: 25639056, with its registered office at V Kapslovně 2767/2 Žižkov, 130 00 Prague 3, registered with the Municipal Court in Prague under file no. C 57071,
Unicorn Systems E s.r.o., ID No.: 26427851, with its registered office at V Kapslovně 2767/2 Žižkov, 130 00 Prague 3, registered with the Municipal Court in Prague under file no. C 81479,
Unicorn Systems NL B.V., ID No. (KVK): 60323108, branch number 000029532582, with its registered office at Jansbuitensingle 7, 6811 AA Arnhem,
Unicorn SYSTEMS No AS, ID No.: 922326517, with its registered office at Langveien 51, 6510 Kristiansund,
Unicorn Business Systems SK s.r.o., ID No.: 35 771 917, with its registered office at Central 5, Ševčenkova 34, Bratislava 851 01.
