Whistleblowing procedure

For information obtained in the course of their professional activities: employees and collaborators, including external and occasional staff; former employees (information obtained during the employment relationship); job applicants (information obtained during their application); shareholders and holders of voting rights at general meetings; members of the Board of Directors and of management bodies; Mercialys’ contractors and subcontractors, the members of their management bodies and their staff.

A crime or an offence; a threat or harm to the public interest; a breach, or an attempt to conceal a breach, of an international commitment ratified by France, of European Union law, or of a law or regulation. Facts covered by national defence secrecy, medical confidentiality, the secrecy of judicial deliberations, the secrecy of judicial investigations or inquiries, and legal professional privilege are excluded.

In writing: contact@deontologuemercialys.fr. Orally: by telephone on +33 (0)6 72 69 25 59, or by video conference or in-person meeting at your request, held no later than 20 working days after the request. An oral report is documented (by recording, with your consent, or by minutes) and you may check, correct and approve it. Please provide any useful supporting material.

You may report anonymously. Do not use the website contact form: write from an email address that does not identify you, or call by telephone. Provide a way to contact you (a non-identifying email address, a PO box) so that we can acknowledge receipt and inform you of the follow-up. We will not seek to identify you without your consent, except where required by law. Your report is handled on the same terms as any other, within the limits of the precise and verifiable information provided. If your identity is subsequently revealed, you benefit from the same protections.

You will receive a written acknowledgement within 7 working days. We may ask you for additional information. You will be informed in writing of the measures envisaged or taken within a maximum of 3 months from the acknowledgement, and then of the closure of the case.

The integrity and confidentiality of the information collected are guaranteed, in particular the identity of the author, of the persons concerned and of any third parties mentioned. The author’s identity may be disclosed only with their consent, except to the judicial authorities. Retaliation, threats of retaliation and attempts at retaliation are prohibited against the whistleblower, their facilitators and natural persons connected to them. The whistleblower also benefits, under the conditions provided by law, from civil and criminal immunity. Using this procedure in good faith exposes its author to no sanction, even if the facts prove inaccurate or no action is taken; abusive use may expose them to sanctions or legal proceedings. Use of this procedure is not mandatory.

You may also, at your choice, after an internal report or directly, contact: the competent authority among those designated by Decree No. 2022-1284 of 3 October 2022 (for example the French Anti-Corruption Agency, the AMF (financial markets authority), the DGCCRF (consumer protection and competition authority) or the CNIL (data protection authority)); the Defender of Rights (Défenseur des droits); or the judicial authorities. Public disclosure is possible in the cases provided for by law (no appropriate action following an external report, serious and imminent danger, risk of retaliation or ineffective report).

You may write to the same address about any question or behaviour that seems inappropriate to you, without claiming whistleblower status. Your message will be treated confidentially.

Mercialys processes whistleblowing data to receive and handle reports, verify the facts, decide on follow-up, protect the persons concerned and establish, exercise or defend its legal rights, in compliance with a legal obligation. The data processed are: the reported facts, the identity and contact details of the author (except for anonymous reports), of the persons concerned and of the persons involved in handling the report, and the follow-up given. Only authorised persons have access to them. The data are kept until the final decision on the follow-up, then archived for the period strictly necessary and proportionate to the protection of the persons concerned and the defence of legal rights. Anonymised data may be kept for longer. You may exercise your rights of access, rectification, erasure and restriction and, under certain conditions, the right to object, at privacy@mercialys.com. You may lodge a complaint with the CNIL. See our data protection policy.