1. Introduction
The whistleblowing policy of Stayokay is designed to provide (external) employees, interns, suppliers, and other stakeholders the opportunity to report (suspected) misconduct, fraud, unethical behavior, or other violations. This policy ensures that reports are treated confidentially and that the whistleblower is protected against retaliation.
2. Purpose
The purpose of this policy is to:
- Provide a safe and confidential channel for reporting suspected misconduct.
- Promote integrity and ethics within the organization.
- Investigate misconduct independently and thoroughly, and take appropriate measures.
- Prevent damage (e.g., economic damage, unfair competition, environmental and health risks, waste of taxpayer money, and reputational damage).
3. Definition of misconduct
A suspicion of misconduct means that an employee, former employee, or someone who has come into contact with an organization through their work, suspects that there is misconduct within that organization. This suspicion must be based on reasonable grounds, arising from information obtained by the whistleblower in the course of their duties, or while working at another organization.
Misconduct concerns:
- A violation or potential violation of Union law, or
- An act or omission where the public interest is at stake, such as:
- A violation or risk of violation of a legal provision or internal rules established by the employer by law, or
- A threat to public health, the safety of individuals, the environment, or the proper functioning of a government agency or company as a result of inappropriate actions or omissions.
The public interest is at stake when the act or omission does not only affect personal interests, but involves a pattern, structural nature, or when the act or omission is of a serious nature or substantial scope.
Under this policy, the following matters can be reported:
- Fraud or corruption
- Abuse of power
- Financial crimes
- Serious violations of company policy
- Unethical behavior
- Discrimination, harassment, or other forms of undesirable behavior (see also the policy on undesirable behavior)
- Violations of laws and regulations
- Risks to public health, safety, or the environment
- Environmental pollution
- Risks to the health and safety of individuals (employees and/or guests)
- Risks to the proper functioning of the organization due to inappropriate actions or omissions
- Other serious misconduct that affects the integrity of the organization
4. Reporting Procedure
4.1.Who can report? Any (external) employee, intern, supplier, or other stakeholder can report misconduct.
4.2.How to report? Reports can be made verbally to the confidants via email to vertrouwenspersoon@stayokay.com or by post (ensure "confidential" is mentioned on the envelope):
Stayokay
Attn: Confidants
Timorplein 21-a
1094 CC Amsterdam.
Reports can also be made anonymously.
4.3. Information to include when reporting
When reporting, as much information as possible should be provided, such as:
- Description of the misconduct
- Date and time of the incident
- Involved persons
- Any evidence
4.4.Who can I ask for advice if I want to report?
As a whistleblower, you have the right to consult a 'confidential advisor' about making a report. The 'confidential advisors' of Stayokay are the confidants, who can be reached at vertrouwenspersoon@stayokay.com. You are also free to seek advice from an external advisor, such as the Dutch Whistleblowers Authority (www.huisvoorklokkenluiders.nl).
4.5. Direct external reporting
You may always report a suspected case of misconduct to one of the authorized external authorities. It is not mandatory to first report it internally at Stayokay. The following authorized authorities have an 'external reporting channel' for receiving reports of misconduct:
- Authority for Consumers & Markets (ACM)
- Dutch Authority for the Financial Markets (AFM)
- Dutch Data Protection Authority (AP)
- De Nederlandsche Bank N.V. (DNB)
- Dutch Whistleblowers Authority (HvK)
- Healthcare and Youth Inspectorate (IGJ)
- Dutch Healthcare Authority (NZa)
- Authority for Nuclear Safety and Radiation Protection (ANVS)
You may also contact the Dutch Whistleblowers Authority for advice about reporting or the reporting process. You can also request the Authority to investigate your treatment.
5. Protection of confidentiality during the investigation
During the handling of a report, the confidentiality and privacy of both the whistleblower and the person or group of persons implicated in the report will be safeguarded at all times by the confidential advisor and the Stayokay organization. The following measures are implemented to ensure this protection:
5.1 Confidentiality
All reports will be treated confidentially. The identity of the whistleblower will not be disclosed without explicit permission, unless required by law.
5.2 Protection against retaliation
Whistleblowers who report misconduct in good faith are protected from retaliation, such as discrimination, intimidation, demotion, transfer, dismissal, or other forms of reprisal.
5.3 Anonymous or Confidential Reporting:
Whistleblowers may choose to submit reports anonymously or under confidential conditions to ensure that their identity and that of the persons involved are effectively protected.
5.4 Limited Access to Information:
Access to the information is restricted to individuals essential to the investigation. This prevents unnecessary sharing of data and ensures confidentiality is upheld.
5.5 Confidentiality Obligations of Investigators:
All parties involved in the investigation, including internal investigators and external experts, are bound by confidentiality obligations to safeguard the privacy of all parties involved.
5.6 Data Minimization:
Only strictly necessary information is collected and shared, aiming to protect the identity of those involved as much as possible. Sensitive data is anonymized where feasible to provide additional protection.
5.7 Compliance with Laws and Regulations:
The investigation is conducted in accordance with applicable laws and regulations, such as the General Data Protection Regulation (GDPR), to fully safeguard the privacy of all parties involved.
6. Investigation and Follow-Up
6.1 Process
- The report is made to the confidant.
- If the report is made verbally:
- The report is recorded in writing (by the recipient of the report);
- The whistleblower is provided with a copy of the written version of their report for review. They can supplement or adjust it. Once satisfied with the written version of their report, the whistleblower signs the report;
- The written version of the report is dated (this is also important for demonstrating any subsequent disadvantage).
- Confirmation of receipt of the report will be sent within 7 days.
- An investigation will begin within 4 weeks.
- The whistleblower will be kept informed of the progress and outcome. Within 3 months of the report, the whistleblower will know what will be done with the report. Even if it is decided that no action will be taken, the whistleblower will be informed, including the reasons for the decision.
6.2 Independence
Depending on the nature and severity of the misconduct, the management of Stayokay may appoint an independent investigation committee or engage external expertise for an objective investigation. The management assigns the investigation to investigators who are independent and impartial, and the investigation is not conducted by individuals who may be involved in the suspected misconduct or irregularity. No investigation is carried out if:
- The suspicion is not based on reasonable grounds, or
- It is clear in advance that the report does not concern a suspicion of misconduct, violation, or irregularity.
6.3 Measures
After completing the investigation, Stayokay will take appropriate measures to correct the misconduct and prevent recurrence. This may include:
- Disciplinary measures against those involved
- Improvements to internal procedures
- Legal action if necessary
7. Communication and Publication
7.1 This whistleblowing policy is communicated to all employees and other relevant stakeholders via internal communication channels and the Stayokay website. All new employees and interns go through the digital onboarding process in OneTeam, where this policy is also covered.
7.2 The whistleblowing policy is also made public on the Stayokay website (Stayokay.com) so that it is accessible to external stakeholders, such as suppliers and guests.
8. Final Provisions
This whistleblowing policy is evaluated annually and may be amended by the management of Stayokay as needed, taking into account applicable laws and regulations. Any changes will be communicated to all involved parties.