CleverCoffee Whistleblower Policy

CleverCoffee's whistleblower scheme aims to increase the opportunities for CleverCoffee employees and potentially other groups of people – see below for more details – to report objectionable conditions at the workplace without fear of negative consequences. The purpose of the whistleblower scheme is thus to ensure openness and transparency regarding any (legal) violations and serious irregularities.

CleverCoffee's whistleblower scheme should be seen as a supplement to the direct and daily communication at the workplace about errors and unsatisfactory conditions, etc. The scheme also supplements existing opportunities, for example, to contact the immediate supervisor or coordinator.

CleverCoffee encourages the use of the whistleblower scheme so that any violations can be addressed quickly and effectively internally. However, the whistleblower is free to choose between submitting a report to the workplace's whistleblower scheme or an external whistleblower scheme (Danish Data Protection Agency).

CleverCoffee's whistleblower scheme does not exclude the possibility of reporting via external channels such as supervisory authorities.

CleverCoffee's Whistleblower Unit

Reports to CleverCoffee's whistleblower scheme are handled by Development Manager, Johanne Thygesen.

Questions about individual reports or CleverCoffee's whistleblower scheme in general can be directed to Johanne at joft@clevercoffee.dk.

Reports are submitted through the Phoenix system, which facilitates an impartial and secure reporting channel where the whistleblower can create reports, communicate (anonymously) with the case manager, and where personal data is handled in accordance with relevant legislation. The system can be contacted via their contact form. A link to CleverCoffee's portal at Phoenix can be found on the website here.

Processing of reports may also, depending on the content and nature of the report, be carried out with the assistance of an external party, such as a lawyer or auditor.

Information that can be reported

CleverCoffee's whistleblower scheme can be used to report information about serious violations or other serious matters that cannot necessarily be attributed to a specific legal violation. Reports can be made about conditions that have occurred or will occur at CleverCoffee.

A legal violation or other matter will generally be considered serious if it is in the public interest to bring it to light. Minor violations are not covered, nor are violations of accessory provisions.

Reports concerning the whistleblower's own employment relationship are generally not covered, unless it involves sexual harassment or severe harassment.

Information about other matters, including information about violations of internal guidelines of a less serious nature, such as rules on sick leave, dress code, and information about other personnel-related conflicts at the workplace, will generally not be considered serious violations and should therefore not be reported to CleverCoffee's whistleblower scheme. Such information can, in accordance with applicable guidelines, be submitted to the immediate supervisor or employee representative.

It is presumed that the whistleblower acts in good faith regarding the accuracy of the information.

Appendix 1 provides examples of serious legal violations, serious matters, and information not covered by the whistleblower scheme.

Reporting violations

Reporting to CleverCoffee's whistleblower scheme must be done from the website via the Phoenix platform. Here, the whistleblower can follow the platform's instructions for creating reports.

Anonymous reports can be made.

The following groups of people can use CleverCoffee's whistleblower scheme:

  • Company employees
  • Management and board members
  • Suppliers, customers, and other collaborators

Processing of reports

Upon receipt of a report, CleverCoffee will process the receipt within seven days and provide the whistleblower with an acknowledgment of receipt of the report.

CleverCoffee's whistleblower unit will then carefully follow up on the report. The content and nature of the report determine how it will be followed up.

The whistleblower unit will initially assess whether the report falls within the scope of the whistleblower scheme. If the report falls outside the scope of the whistleblower scheme or is manifestly unfounded, the report will be rejected.

If the report falls within the scope of the law, the report will be processed. This means, among other things, that CleverCoffee's whistleblower unit, depending on the content and nature of the report, will gather further information internally in the organization. Under certain circumstances, and if possible, this may also involve further dialogue with the whistleblower.

Examples of follow-up:

  • Initiation of an internal investigation within the company.
  • Notification of the company's top management or board of directors.
  • Reporting to the police or relevant supervisory authority.
  • Case closure due to lack of or insufficient evidence.

The whistleblower unit will provide feedback to the whistleblower within three months of receiving the report. This means that the whistleblower unit, depending on the content and nature of the report, will inform the whistleblower about what measures have been initiated or are planned, and why the unit has chosen this follow-up.

If it is not possible to provide feedback within the deadline, CleverCoffee's whistleblower unit will notify the whistleblower thereof and whether further feedback can be expected. This may be due, for example, to an internal investigation having been initiated that cannot be completed within the deadline.

The feedback must comply with applicable legislation, including data protection legislation. This means, among other things, that there must be a legal basis for disclosing sensitive information. A concrete assessment will determine which information can be provided in the follow-up to the whistleblower.

Confidentiality and data processing

Employees affiliated with CleverCoffee's whistleblower unit have a special duty of confidentiality regarding the information contained in the reports.

The duty of confidentiality only covers information included in the report. If a report leads to the initiation of a case, other information collected in that connection will not be covered by the duty of confidentiality.

CleverCoffee's whistleblower unit processes reports confidentially to the greatest extent possible.

Information from a report is processed in accordance with the processing rules in Section 22 of the Whistleblower Act and in the General Data Protection Regulation and Act. CleverCoffee's whistleblower unit may, according to Section 22 of the Whistleblower Act, process personal data, including sensitive information and information about criminal offenses, if it is necessary to process a report received in connection with CleverCoffee's whistleblower scheme.

Information from a report may be disclosed under certain circumstances, for example, for the purpose of following up on the reports. The whistleblower will be notified before the disclosure of information about the whistleblower's identity, unless it would jeopardize a related investigation or lawsuit. This could, for example, be the case if such notification is specifically deemed to entail a risk that evidence would be hidden or destroyed, that witnesses would be influenced, or if there is suspicion that the whistleblower has deliberately submitted a false report.

Protection of Whistleblowers

A whistleblower must not be subjected to reprisals, including threats of or attempts at reprisals, because they have reported to CleverCoffee's whistleblower unit or an external whistleblower scheme (the Danish Data Protection Agency). Furthermore, the whistleblower must not be hindered or attempted to be hindered from making reports.

Reprisals are understood as any form of unfavorable treatment or unfavorable consequence in response to an internal or external report, which causes or may cause harm to the whistleblower.

The whistleblower cannot be held liable for reporting confidential information if they have reasonable grounds to believe (good faith) that the information in a report is necessary to expose a serious legal violation or a serious matter.

Attempts by CleverCoffee employees or management to hinder a whistleblower from making a report or to exercise reprisals against a whistleblower who has reported in good faith will result in employment law consequences.

Further Information

The Ministry of Justice has prepared a guide for individuals who wish to submit or are considering submitting information as a whistleblower. The guide provides an overall description of the Whistleblower Act, including descriptions of whistleblower schemes, reporting options, the whistleblower's rights, and the protection of whistleblowers. The guide can be downloaded from the Ministry of Justice's website www.jm.dk.

Appendix 1.

Examples of serious legal violations

Violations of the Criminal Code that generally fall within the scope:

  • Bribery, cf. Section 144 of the Criminal Code.
  • Document forgery, cf. Section 171 of the Criminal Code.
  • Hacking, eavesdropping, recording conversations between others, etc., cf. Section 263 of the Criminal Code.
  • Theft, cf. Section 276 of the Criminal Code.
  • Embezzlement, cf. Section 278 of the Criminal Code.
  • Fraud, cf. Section 279 of the Criminal Code.
  • Data fraud, cf. Section 279a of the Criminal Code.
  • Breach of trust, cf. Section 280 of the Criminal Code.
  • Extortion, cf. Section 281 of the Criminal Code.

Violations of special legislation or other legislation that generally fall within the scope:

  • Violations of tax legislation.
  • Breaches of confidentiality.
  • Violations of the Accounting Act.
  • Violations of the Road Transport Act, cf. Sections 17-17b of the Road Transport Act.
  • Violations of the Aviation Act, cf. Section 149 of the Aviation Act.
  • Failure to comply with a statutory duty to act.
  • Violations of rules on the use of force.
  • Gross or repeated violations of administrative law principles, including the principle of investigation, requirements for objectivity, the principle of abuse of power, and proportionality (cf. however, below regarding minor violations).
  • Deliberate misleading of citizens and partners.

Harassment

  • Sexual harassment, cf. Section 1, subsection 4, cf. subsection 6, of the Equal Treatment Act.
  • Severe harassment, e.g., due to race, gender, color, national or social origin, political or religious affiliation.

Examples of serious matters

Matters generally considered serious:

  • Disregard for professional standards that, for example, could lead to a risk to people's safety and health.
  • Gross or repeated violations of the workplace's internal guidelines on, for example, business trips, gifts, or accounting (cf. however, below regarding minor violations).
  • Special cases where minor cooperation difficulties entail significant risks and thus constitute a serious matter.

Examples of information not covered by the scope of the Act

  • Information of a trivial nature, information about other matters, including information about violations of internal guidelines on sick leave, smoking, dress code, or accessory provisions such as failure to comply with documentation requirements.
  • Information about the whistleblower's own employment relationship, including conflicts between employees, cooperation difficulties, or matters belonging to the labor law system, unless it involves sexual harassment or other forms of severe harassment.