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Customer Service Policy Statement

Providing Goods and Services to People with Disabilities

1. Policy

Deliabernal is committed to providing an accessible environment for people with disabilities in a way that considers each person’s independence, dignity, integration and equal opportunity. Deliabernal will develop policies, practices and procedures, and training modules so as to ensure compliance with the Accessibility for Ontarians with Disabilities Act (AODA) and the Accessibility for Manitobans Act (AMA). Each applicable associate is, in turn, responsible for ensuring that goods and services are provided in a way that is accessible and takes into account the principles of the AODA and the AMA.

2. Providing goods and services to people with disabilities

Deliabernal is committed to service excellence, which includes accessible services for people with disabilities, and we will carry out our functions and responsibilities in the following areas:

2.1 Communications

Deliabernal will communicate with people with disabilities in ways that take into account their disability.

Deliabernal has provided training to associates on how to interact and communicate with people with various types of disabilities.

2.2 Telephone services

Deliabernal is committed to providing accessible telephone service. Associates are trained how to communicate with people over the telephone in clear and plain language, and to speak clearly and slowly.

Deliabernal will offer to communicate by mail and electronic mail if telephone communication is not suitable to the needs of a person with disabilities.

2.3 Assistive devices

Deliabernal is committed to serving people with disabilities who use assistive devices to obtain, use or benefit from our goods and services. Associates are trained on how to interact with people with disabilities who use assistive devices while accessing our goods or services. Deliabernal associates will receive training on use of assistive devices, which may be available on our premises for use such as a scooters, wheelchairs and lifts. Deliabernal will provide training to new associates as they are hired, through electronic learning, paper-based training, or any other method that ensures timely and comprehensive training.

2.4 Documents

Deliabernal is committed to providing documents, i.e.: store receipts, flyers, sale signs, product labels in a manner that takes into account a person’s disability. For this reason, associates will provide assistance upon request to review documents with customers.

This policy statement will be made available upon request to customers with disabilities in a format that takes into account their disability. The length of time it will take to provide the information in alternative formats will depend on the format requested. Every effort will be made, however, to process requests in a timely fashion.

3. Use of service animals and support persons

Deliabernal is committed to welcoming people with disabilities who are accompanied by a service animal on the parts of our premises open to the public. All associates and volunteers dealing with the public are properly trained in how to interact with people with disabilities accompanied by a service animal. Deliabernal is committed to welcoming people with disabilities who are accompanied by a support person. Any person with a disability who is accompanied by a support person will be allowed to enter the Deliabernal’s premises with his or her support person. At no time will a person with a disability, who is accompanied by a support person, be prevented from having access to his or her support person while on our premises.

4. Notice of temporary disruption

In the event of a planned or unexpected disruption in our facilities and services, Deliabernal will provide notice to the public who use these amenities. The notice will be posted where it will come to the attention of the public and will include information about the reason for the disruption, its anticipated duration and a description of alternative facilities or services, if available.

5. Training for associates

Applicable associates are trained on policies, practices and procedures that affect the way goods and services are provided to people with disabilities. Each applicable associate is responsible for ensuring that Deliabernal goods and services are provided in a way that is accessible, and that takes into account each person’s independence, dignity, integration and equal opportunity.

Deliabernal provides training to associates who deal with the public or other third parties on behalf of the Company, as well as to associates who are involved in the development and approvals of customer service policies, practices and procedures. Training is provided (i) as part of new hire orientation; (ii) when an associate changes positions or departments, and the training is required for the new position; or (iii) on an as-needed basis when changes are made to policies, practices and procedures, or to the legislation.

Trainingincludes the following:

  • The purposes and requirements of the Accessibility for Ontarians with Disabilities Act, 2005, the Accessibility for Manitobans Act, The Ontario Human Rights Code, and The Manitoba Human Rights Code
  • How to interact and communicate with people with various types of disabilities
  • How to interact with people with disabilities who use an assistive device or require the assistance of a service animal or a support person
  • Use of assistive devices, which may be available on our premises for use such as a scooters, wheelchairs and lifts.
  • What to do if a person with a disability is having difficulty in accessing Deliabernal’s goods and services
  • Deliabernal’s policies, practices and procedures relating to the customer service standard, information and technology standard, and employment standard

6. Feedback process

Feedback regarding the way Deliabernal provides goods and services to people with disabilities can be made by using the Customer Feedback Form, and/or through submitting comments by mail, electronic mail, via telephone, facsimile and/or in person. All feedback is taken seriously and each customer communication is directed to the responsible operating division or department for review and necessary action.

Customers can expect to hear back from the responsible operating division or department within 30 days together with a finding, or change that the operating division or department has, or will take, based on the customer feedback. The operating division or department will respond in a way that considers the person‘s disability, if applicable, and in accordance with the principles of the AODA and the AMA.

7. Questions about this policy

This policy exists to provide customer service excellence to people with disabilities. If anyone has a question about the policy or if the purpose of a policy is not understood, inquiries should be referred to the Hudson’s Bay Company.

8. Statutory Reference

Ontario Regulation 429/07: Accessibility Standards for Customer Service, Accessibility for Ontarians with Disabilities Act (2005); Ontario Regulation 191/11: Integrated Accessibility Standards; Ontario Human Rights Code; Accessibility for Manitobans Act; Manitoba Human Rights Code; Manitoba Regulation 171/2015: The Customer Service Standard Regulation.

Privacy & Security Policy

Summary

Privacy at Deliabernal

Deliabernal Inc. (“Deliabernal” or “we” or “us”) is deeply committed to the relationship of trust we have with you, our customer. Accordingly, your privacy is important to us. When we do collect your personal information, our goal is to use it to make your experience with us better—wherever that experience takes place—be it a physical store, an event or online in the digital world. We also strive to be transparent about how we collect and use your personal information so you can make informed decisions and be in control of the information you share with us. For example, we do not sell your personal information to third parties and would never do so without your express permission. We are also committed to protecting the security of your personal information and in that regard we use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure.

Privacy Policy - Overview

In connection with the use of a specific website, application or other interactive service (“Services”) provided by Deliabernal, this privacy policy governs the personal information and other information of yours that we may collect and use. For example, as a Deliabernal customer, you may be asked for information like your name, address, email address or telephone number when making a purchase or creating an account with us. We collect and use this personal information as set forth in this privacy policy.

The remainder of this privacy policy will provide you with details on the personal information we may collect from you and how we use it. It also discusses the options that you may have for how we can use your personal information and your rights with respect to accessing your personal information and/or having your personal information deleted.

To make reading easier we sometimes use short terms that have longer definitions or meanings so we have included a separate Appendix to describe those in more detail. Also, supplemental notices may be added to this privacy policy from time to time. For example, if you provide us with personal information because you are interested in a job, we may change or supplement this privacy policy with more or different terms in a supplemental notice or separate policy to address employment related concerns.

Categories of Information We Collect

Personal information (or "PI") generally means information that personally identifies you, or that could reasonably be used to identify you. The categories of PI that we may collect from you include:

✔ Contact PI such as name, postal or email address, or phone number. For example, we'll ask for: an address if you order a catalog or create an account with us or join TheDeliabernalStash; a phone number to notify contest winners or to help authenticate you; your cell number if you sign up for SMS alerts; and other personal information to help us anticipate your shopping needs or to make suggestions.

✔ Registration & Account PI such as PI you provide, or that we otherwise collect, when open an account with us. Such PI includes things like your name, email, mailing or billing address, telephone number, order history, and birthday. You may also provide additional PI if you choose to personalize your account, for example, by adding items to a wish list.

✔ Transactional PI for all purchases & returns. This includes things like credit, debit or gift card data, mailing & email addresses, phone number, IP or device addresses or identifiers, and other related information such as receipts, confirmations, shipping, billing, adjustments, loyalty programs and so on. This PI can be about you or others (such as a gift recipient's data).

✔ Activity or Qualification PI includes supplying PI to meet an age or experience limit, or indicating your likes or dislikes by clicking a "thumbs up/down" type of icon. Please note that if one of your activities is posting PI in publicly available areas (with us or with others), that information becomes public. So please think before you post (because anyone may be able to see or copy it).

PI you give us that we didn't request, such as PI that you voluntarily put into a message to us or that happens to be in a picture or video that you provide to us.

✔ Community PI, such as PI that you post in areas of our websites or applications, or in interactive areas or communities that we or others maintain, such as social media sites, when the information you post is accessible to other users or the public (for example, posting a product review or creating a tag).

✔ PI about others could include things like a picture you submit to us containing an image of a friend, or a friend’s contact information if you use a find a friend or refer a friend feature. Please don't submit PI about somebody else unless they've said okay and you've obtained their consent to this privacy policy (or unless you're otherwise authorized to provide their consent to it).

Sensitive Data: This may consist of what you consider sensitive PI, such as financial related information, certain geo-location data or other stored information such as contacts, photos, and videos.

Event PI such as a name badge or other attendance data. Event information varies with the event, but could include things like your hometown or emergency contact information.

Promotional PI & Surveys. This is PI such as information relating to a survey or poll, contest, sweepstake, or other activity or promotion sponsored or presented by us alone or with others. This PI varies, but tends to include things like name, gender, email, postal code, birthday and mailing address (e.g., if a prize or catalog will be shipped).

Below are examples of types of PI we tend to collect from other sources or, indirectly, from you:

PI from our previous records such as PI you gave us for one activity that we use for another (e.g., re-using data from one transaction to pre-populate fields in a subsequent transaction to decrease ordering hassle).

PI we obtain from public or other sources, to the extent permitted by law, such as from phone books, websites, mobile applications, and other information that others may have about you.

Indirect Transactional PI. When directly collecting "Transactional PI" we also indirectly collect information that is used for things such as fraud prevention or for authentication (e.g., time, date, store location, items purchased).

Indirect PI. If you participate in an event or visit one of our retail locations, PI such as your image may be captured on surveillance cameras, which we use for safety, security and fraud prevention purposes. If you deal with us (or those who help us) over the phone or in a "live" meeting we may record the conversation for quality, training and record keeping purposes.

PI we may lawfully obtain from commercial providers of information such as a data broker, ad network, marketing participant and so on.

Social Media PI. If you create or log into a Deliabernal account using a social media platform, connect with us on social media, or use social media functionality that is imbedded into our Channels, the social media network usually shares some PI with us, in accordance with the social media network's privacy policy or other rules. You may be able to control the amount and type of PI that is shared by changing your privacy settings on the social media platform.

Metadata. Digital items often have embedded data that you might or might not know about. For example, a digital picture might have a record of where and when you took it. Unless you remove such data, it would be an example of PI we may collect and use.

Cookies and Technology and the Information They Collect

When you visit one of our websites, such as Deliabernal.com or www.Deliabernalstash.com (these and any others we own or operate are referred to as a "Site") or interact with us at one of our stores or at an event (this and our Sites and our Apps are collectively referred as "Channels"), we may use different kind of technologies for multiple reasons, including to improve your shopping experience, for example by reducing the amount of information required at checkout or by otherwise personalizing your experience with us.

Here are some examples:

• Browsers: a "browser" is essentially an application (such as Chrome, Firefox or Safari) used to access and view websites by processing HTML, the code used to help you see text, links and other items.

• Cookies: "Cookies" are basically a small text file that we or others put on your access device so it can be used to help us serve you better by improving our website design, services, or promotions. They also recognize you (or your device) and may be used to deliver services or ads or otherwise collect some types of PI. There are several kinds of cookies, e.g., "session" cookies allow our Channels to collect information about what you do during a browsing session but are temporary and set to be deleted at the end of a session; "functional or persistent" cookies tend to last more than a session and are set to expire in a set number of days; and "performance" cookies are basically persistent cookies that collect data for managing performance and design issues. Some cookies operate with other technologies and there are more kinds of cookies. You may be able to set your browser to refuse cookies or to notify you before a cookie is set. If you choose to refuse cookies or other technologies (if they can be refused), some access to or functionalities of a Channel might not work properly or may be slower or unavailable.

Tracking pixels or tags, web beacons, clear GIFs, API calls, SDKs, JavaScript and similar technologies are items that can function similarly to cookies or that otherwise assist tracking by collecting certain information about your interaction with our Channels (e.g., counting users who open an HTML-formatted email message, distinguishing visitors and counting pages they visit and authenticating them, etc.).

• Identifiers, including unique identifiers such as an IP address (basically, this is a number that is automatically assigned to a device such as a computer by your Internet Service Provider); a Media Access Control (or "MAC") address which basically is a hardware ID number that is part of a network card such as a Wi-Fi or Ethernet card and that identifies each device on a network, or other identifiers (e.g., Android ID, Apple IDFA, or other identifiers that might otherwise relate to you or devices you use, or identifiers that are used by ads, advertisers, networks, platforms or other third parties). The above is not necessarily a complete list and we will change and add Technologies and Channels from time to time. Technologies are complex and can differ per Channel. Also, certain kinds of Technologies are likely to be used in multiple Channels.

We may use these types of third party technologies to collect information and when we do we work closely with these third parties to protect your PI. Third parties may offer some options that may be helpful to restrict some kinds of tracking. If you would like more information about this practice and to know your choices for not having this information used by third-party service providers, please visit: www.networkadvertising.org/managing/opt_out.asp

Set forth below are some examples of information that might be PI that can be collected by technologies we use.

• Information such as browser type and version; access device type (e.g., phone, tablet, laptop or whatever); operating system; Internet Service Provider; IP address, MAC address and/or other unique device identifier(s); phone number; hardware/software types, authentication data, demographic data, search history, screen resolution, and other data that might create a unique "fingerprint" or the like of your device.

• Domain name from which you came or a page, link, ad, website or source that referred you; time and date stamps; how long you stay and whether you are a return visitor; where and what you do in our Channel, including what's in your shopping cart and details of items purchased; clickstream data and clicks on particular items such as an ad; other acts you take and pages you view; account holder activities (e.g., if you have an account with, or otherwise are a member of, TheDeliabernalStash, we track what you do to accumulate points); patterns (e.g., how often you come back to a Channel or features you tend to use) and so on.

• General location data (e.g., country or postal code) or precise location data (e.g., an App of ours like our App for TheDeliabernalStash might ask if it's okay to collect exactly where you are).

• Other types of information such as: user history on use of Apps; social media check-ins or other types of log in information at stores and/or events; coupon information, TheDeliabernalStash loyalty reward redemptions, etc.

How we use your Personal Information

Set forth below are some non-exclusive illustrations of how we tend to or may make use of PI.

We may collect and use your PI to provide you products and services, notify you of product recalls or safety issues, process and respond to your application for current or future career opportunities, to respond to your comments or questions, determine your satisfaction with our programs and service, to personalize your experiences, if you ask us to, send you marketing communications and other information you have chosen to receive regarding our products, services, marketing or special events. We may also use push notification on our Apps. We also may use your PI for our everyday business purposes such as security, payment processing, analytics, operations, fraud detection and prevention, reporting, making back-ups and legal compliance. In addition, we may also use the personal information you provide:

• To pre-populate a form for you such as populating address information at check out.

• To deal with companies or celebrities or other third parties that participate with us in events, promotions, videos, and other activities.

• To deal with Third Party Services and other service providers, including data analytic providers such as Google Analytics. Third parties that we use, or even just third parties that you might reach via links from our Channels, may have their own privacy policies or separate terms & conditions.

• To receive and review a question or request from you.

• To deal with our current or future affiliates. This may include things like the transfer of personal information and other information from Deliabernal to one of its affiliates.

• To make common uses of it (i.e., uses that an ordinary reasonable person should expect or that are typically thought to be legally acceptable).

• To make extraordinary uses (e.g., in a merger or bankruptcy etc.).

• To respond to a domestic or foreign legal process (e.g., a governmental or non-governmental subpoena).

• To make secondary uses (e.g., collecting information for one reason but using it for another when such use appears useful or relevant to our business).

• To include you in relevant lists (like club or customer lists, newsletters, blogs, feeds, alerts or other communications).

• To deal with social networks. We and you will be subject to their applicable policies and rules, some of which may allow you to restrict some disclosures.

• To make and disclose Aggregate Data

• For other purposes that are not in this privacy policy but that are provided or otherwise indicated in connection with a particular collection.

How we share your Personal Information

Affiliates. We may share information with our wholly-owned American affiliate, Deliabernal American Holdings Inc. as necessary for the proper management of the Deliabernal business in American. This may include sharing PI that our American customers have provided us for direct marketing, market research and analysis, to develop and advertise promotions, to provide customer service, to fulfill orders and other requests, and for administrative purposes. 

Business Transactions. We may disclose PI to third parties in connection with a proposed or actual business transaction, such as a merger or acquisition, reorganization, sale of all or part of our stock or assets, spinoff, bankruptcy or dissolution. Our successors and assigns may use your PI for the purposes described in this privacy policy.

Service Providers. PI may be transferred to, or collected by, service providers (including affiliates acting in this capacity) for a variety of purposes such as credit card processing, shipping, authentication, email distribution, loyalty program management, market research, promotions management, call centers, information technology and data hosting or processing services.

Analytics Providers. An example is Google Analytics whose tracking cookies collect traffic data (e.g., data about where Site visitors come from, what they do, where they go, etc.). You may read Google's privacy policy at //www.google.com/policies/privacy/. It includes Google's instructions on how to block some cookies associated with Google services.

Advertising Networks. We may use a variety of third party advertising networks, traffic measurement service providers, marketing analytics service providers and other third parties to, for example, facilitate targeting of advertisements and/or measure and analyze advertising effectiveness and/or traffic on our Sites. Some of these third party service providers participate in the Network Advertising Initiative's Opt-Out Tool (//www.networkadvertising.org/choices/) and/or the Self-Regulatory Program for Online Behavior Advertising (//www.aboutads.info/choices/). You can learn more about these tools by clicking on the referenced links. Please note the following with respect to opting out:

• The opt-out tools discussed above are "cookie based." This means that the tools rely on cookies to remember your choices with respect to the use of your information by the parties that offer you those choices. If you delete tracking technologies using the controls in your Web browser after opting out, you may have to opt out again to re-establish your opt-out preferences.

• Opt-outs are "browser-specific." The opt-out preferences that you choose will apply only to the Web browser that you used when you selected these preferences. This means, for example, that if you opt-out while using Internet Explorer this choice will not affect the use of information collected by tracking technologies when you use Mozilla Firefox on the same Device. It also means that opting-out on one device will not affect the use of information by tracking technologies on other devices that you may use to access out Site.

Other. We may disclose PI as necessary to exercise, enforce or preserve our rights, to meet legal, regulatory, self-regulatory and insurance requirements, for security, fraud prevention, authentication and verification purposes, and to respond to a domestic or foreign legal processes (e.g., a governmental or non-governmental subpoena or a warrant or production order). We may also disclose PI for other purposes with your consent or as permitted or required by law, including foreign laws applicable to us, our affiliates and service providers.

How we Protect your Personal Information

The file containing your PI will be maintained on our servers (or those of our affiliates or service providers) and will be accessible to our authorized employees, representatives and agents who require access in connection with their job responsibilities. We use physical, electronic, and procedural safeguards to protect your PI from unauthorized access, use or disclosure. We use what we believe are commercially reasonable security measures to protect your PI that we possess or control. You also have a role in security, for example you are in charge of the security of any applicable password for a Channel and you control the access device you use (some of which devices can be insecure). An unfortunate reality of our digital age is that security measures are seldom infallible, accidents happen and individuals (including, but not limited to, employees, or service providers) might fail to follow policies or contracts.

Phishing attacks attempt to steal consumers' personal information and financial account credentials. "Phishers" use 'spoofed' e-mails to lead consumers to counterfeit websites designed to trick recipients into divulging Information such as credit card numbers, account usernames, passwords and social insurance numbers. WE DO NOT SEND EMAILS ASKING YOU TO PROVIDE OR CONFIRM CREDIT CARD NUMBERS, SOCIAL INSURANCE NUMBERS OR YOUR USERNAME OR PASSWORD! If you receive such email communication, please forward it immediately to us at This email address is being protected from spambots. You need JavaScript enabled to view it. with the subject of "Privacy/Identify Theft", and take appropriate actions to review the security of your computer or other device.

Data Alteration and Privacy Policy Address 

You can review, update, deactivate or delete some of the PI related to your account with Deliabernal.com by: (1) going to the relevant Site, logging into your account and editing your profile; (2) calling us Toll Free at +32 486030442 or (3) contacting us at our Privacy Policy Address below.

You can and should update your contact information so that we can communicate with you effectively, especially mobile phone numbers and your email address as this information is needed so that we can stop sending messages to your old number or address.

For information about your right to access and delete personal information, please refer to the section later in the privacy policy with the heading “Right to Access; Right to Delete and Information Regarding Personal Information.”

If you have questions regarding our privacy policy, please contact us at:

Deliabernal Privacy Policy
Chaussée de Wemmel 30
1090 Jette 

+32 486030442 
This email address is being protected from spambots. You need JavaScript enabled to view it.

Links to Other Websites and Services

Our Site, Apps or other Channels might link or have functionalities that lead to third parties. We provide linked sites to you solely as a convenience, and the inclusion of linked sites does not imply endorsement by us of the linked sites. Once you access the third party locations, you are subject to any privacy policies of those third parties.

Your Opt-out/Opt-in Options

Options Offered By Us. You have the option to opt-in or opt-out to marketing emails and text messages. Many of the ways are straightforward. For example, if we ask you to participate in a survey and you participate we may ask that you provide PI. If you don't want to provide any PI then one option you have is to not participate in the survey. Similarly, if you use a social media network to share your favorite finds from Deliabernal you may exchange PI with us. Once you provide PI or use such technologies such as a "like/dislike" button the data may be disclosed or used by us. Again, one option you have is to not utilize social media in this way if you have concerns about sharing your PI.

Even if you opt-out (or do not opt-in), you will still receive other communications from us such as transactional emails and messages related to your questions, orders, updates about products or services you purchased and information about your account. You will also continue to receive communications relating to particular things you signed up for such as for a contest or at an event.

Options Offered By Others; Third Parties on Our or Other Websites. Some browsers, devices, distribution platforms, or applications help you refuse to accept some technologies or allow you to create some privacy settings (for example, establishing a "Do Not Track" (DNT) signal to third parties; or being able to say yes or no to the collection of certain data). These technologies may or may not be successful. For example in the case of browsers, not all technologies are controlled by browsers; unique aspects of your browser or device might be recognizable even if you disable a technology; not all settings will necessarily last or be honored; and even if a setting is honored for one purpose data still may be collected for another. Also, you can control tools on your mobile devices. For example, you can turn off the GPS locator or push notifications on your phone. To modify the push notifications you get from our Apps, you can alter your preferences in your profile.

For all options, opting-out does not apply to PI that was disclosed before opting-out or to disclosures to which opting-out is not allowed by law, this privacy policy, a supplemental notice, our other terms and conditions or any other relevant arrangement we have with you (e.g., terms of a contest). If you opt-out and then do so something inconsistent with that opt-out (e.g., again use a Channel that collects the "opted-out" PI), we will assume you have changed your mind and may rely once again on all of your previous consents (subject to applicable law) or any new consents relating to your new actions.

As referenced earlier, we may use a variety of third party advertising networks, traffic measurement service providers, marketing analytics service providers and other third parties to, for example, facilitate targeting of advertisements and/or measure and analyze advertising effectiveness and/or traffic on our Sites. Some of these third party service providers participate in the Network Advertising Initiative's Opt-Out Tool and/or the Self-Regulatory Program for Online Behavior Advertising. You can learn more about these tools by clicking on the referenced links. Please note the following with respect to opting out:

  • The opt-out tools discussed above are "cookie based." This means that the tools rely on cookies to remember your choices with respect to the use of your information by the parties that offer you those choices. If you delete tracking technologies using the controls in your Web browser after opting out, you may have to opt out again to re-establish your opt-out preferences.
  • Opt-outs are "browser-specific." The opt-out preferences that you choose will apply only to the Web browser that you used when you selected these preferences. This means, for example, that if you opt-out while using Internet Explorer, this choice will not affect the use of information collected by tracking technologies when you us Mozilla Firefox on the same Device. It also means that opting-out on one device will not affect the use of information by tracking technologies on other devices that you may use to access our Site.

 

 

Children's Privacy

The Services are not directed to or intended for use by minors. Consistent with the requirements of applicable law, if we learn that we have received any information directly from a minor without his or her parent’s verified consent, we will use that information only to respond directly to that child (or his or her parent or legal guardian) to inform the minor that he or she cannot use the Services and subsequently will delete that information.

 

 

 

 

What about Identity Theft

If you believe you are a victim of identity theft, we want to assist you. You may be entitled by law to request certain information from us. You can do this by writing us at Our Privacy Policy Address. If we receive a request, we will then explain what information we need from you in order to respond. Once we have all of the required information, we will supply, without charge, any information that we legally able to provide to you (subject to applicable law, and reserving all rights and defenses).

We Store Information in the United States

If you live outside of the United States, you understand and agree that we may transfer your information to the United States. Our Sites are subject to United States laws and United States laws may not afford the same level of protection as those in your home country. If you are located in the European Economic Area and you contact us, information you provide is transferred to the United States.

What about Amendments

We may amend this privacy policy from time to time. When the privacy policy changes, we will post the substitute version and change the effective date listed at the beginning of privacy policy. Subject to applicable law, amendments will apply to PI that we already have and to PI obtained after amendment.

 

 

Whistleblower Policy

1. PURPOSE 

Deliabernal is committed to the highest standards of conduct and ethical behaviour in all of its business activities, and to promoting and supporting a culture of honest and ethical behaviour, corporate compliance and good corporate governance. This Policy applies to Deliabernal and each Deliabernal business unit.

Deliabernal encourages the reporting of any instances of suspected unethical, illegal, fraudulent or undesirable conduct involving Deliabernal businesses and provides protections and measures so that those persons who make a report may do so confidentially and without fear of intimidation, disadvantage or reprisal.

This policy will be made available to Deliabernal officers and employees via the intranet and extranet and in such other ways as will ensure the policy is available to Deliabernal employees and other persons Deliabernalhing to use it.

2. POLICY APPLICATION

This policy applies to all directors and employees of Deliabernal and external whistleblowers, including suppliers and their employees and relatives.

In addition to the protections under this policy:

  • the Corporations Act 2001 (Cth) (Corporations Act) provides specific protections to whistleblowers who disclose information concerning misconduct or an improper state of affairs or circumstances in relation to Deliabernal . This may include a breach of legislation including the Corporations Act, an offence against the Commonwealth punishable by imprisonment for 12 months or more, or conduct that represents a danger to the public or financial system; and
  • the Taxation Administration Act 1953 (Cth) (Taxation Administration Act) provides specific protections to whistleblowers on tax related matters .
3. WHAT IS REPORTABLE CONDUCT? 

You may make a report under this policy if you have reasonable grounds to suspect that a Deliabernal director, officer, employee, contractor, supplier, tenderer or other person who has business dealings with Deliabernal has engaged in conduct ("Reportable Conduct") which:

(a)         is dishonest, fraudulent or corrupt, including bribery or other activity in breach of the Deliabernal Anti-bribery Policy;

(b)         is illegal activity (such as theft, violence, harassment or intimidation, criminal damage to property, breach of competition and consumer law, breach of privacy law or other breaches of state or federal law);

(c)         is unethical or in breach of Deliabernal’ policies (such as dishonestly altering company records or data, adopting questionable accounting practices or willfully breaching Deliabernal’ Code of Conduct or other policies or procedures);

(d)         is potentially damaging to Deliabernal, a Deliabernal employee or a third party, such as unsafe work practices, environmental damage, health risks or abuse of Deliabernal’ property or resources;

(e)         amounts to an abuse of authority or a conflict of interest;

(f)          may cause financial loss to Deliabernal or Deliabernal or damage its reputation or be otherDeliabernale detrimental to the interests of Deliabernal or Deliabernal;

(g)         involves harassment, discrimination, victimisation or bullying, other than personal work-related grievances as defined in the Corporations Actor

(h)         involves any other kind of misconduct or an improper state of affairs or circumstances. 

Reportable Conduct generally does not include personal work-related grievances. These are grievances which relate to a current or former employee’s employment or engagement that have implications for only that person and do not have broader implications for Deliabernal.

Examples include:

(a)          a conflict between you and another employee;

(b)          a decision relating to your promotion or transfer;

(c)           a decision relating to the termination of your employment.

 Such matters should be raised directly with your manager or through your Human Resources Grievance process.

In limited circumstances, a personal work-related grievance may amount to Reportable Conduct under this policy, such as where the grievance relates to conduct that has been taken against a person because they made a report under this policy. Deliabernal expects that reports made under this policy are made honestly, ethically and on reasonable grounds.

4. WHO CAN I MAKE A REPORT TO? 

Deliabernal has several channels for making a report if you become aware of any issue or behaviour which you consider to be Reportable Conduct: A report may be made via the DeliabernalCall service. DeliabernalCall reporting options are:

(a)         by phone:+32 486030442 

(b)          by email: This email address is being protected from spambots. You need JavaScript enabled to view it.;

(c)         web-based access: www.deliabernal.com

(d)         by post: in an envelope marked “confidential” and addressed to: ELECTRO BRUXELLES Manager Chaussée de Wemmel 30 1090 Jette

 

Reports may also be posted to c/- Level 4, 26 Talavera Road, Macquarie Park, NSW 2113 (marked to the “confidential” attention of one of the ProtectedDisclosureOfficers). 

5. INVESTIGATING A WHISTLEBLOWER REPORT

Deliabernal will investigate matters reported under this policy as soon as practicable after the matter has been reported. A Protected Disclosure Officer may, with your consent, appoint a person to assist in the investigation of a report. Where appropriate, Deliabernal will provide feedback to you regarding progress of the investigation and/or outcome (subject to considerations of the privacy of those against whom allegations are made).

 Any investigation will be conducted in an objective and fair manner and otherDeliabernale as is reasonable and appropriate having regard to the nature of the Reportable Conduct and the circumstances.

While the particular investigation process and enquiries adopted will be determined by the nature and substance of the report, in general, as soon as practicable upon receipt of the report, if the report is not anonymous, a Protected Disclosure Officer or investigator will contact you to discuss the investigation process including who may be contacted and such other matters as are relevant to the investigation.

Where a report is submitted anonymously, Deliabernal will conduct the investigation based on the information provided to it.

 

6. PROTECTION OF WHISTLEBLOWERS

Deliabernal is committed to ensuring confidentiality in respect of all matters raised under this policy and that those who make a report are treated fairly and do not suffer detriment.

(a)           Protection against detrimental conduct

Detrimental treatment includes dismissal, demotion, harassment, discrimination, disciplinary action, bias, threats or other unfavourable treatment connected with making a report.

 If you are subjected to detrimental treatment as a result of making a report under this policy you should:

  • inform a Protected Disclosure Officer or senior manager within your business unit immediately;
  • raise it in accordance with paragraph 4 of this policy.

(b)              Protection of your identity and confidentiality

 Subject to compliance with legal requirements, upon receiving a report under this policy, Deliabernal will take reasonable steps to keep your identity confidential and reduce the risk of disclosure in the course of an investigation and will only share your identity as a whistleblower or information likely to reveal your identity if:

  • you consent;
  • the concern is reported to the American Securities and Investments Commission , the American Prudential Regulation Authority , the Tax Commissioner or the American Federal Police ; or
  • the concern is raised with a lawyer for the purpose of obtaining legal advice or representation. Any disclosures of your identity or information likely to reveal your identity will be made on a strictly confidential basis.

(c)           Protection of files and records

All files and records created from an investigation will be retained securely.

Unauthorised release of information to someone not involved in the investigation (other than senior managers or directors who need to know to take appropriate action, or for corporate governance purposes) without your consent as a whistleblower may be considered a breach of this policy.

Whistleblowers are assured that a release of information in breach of this policy will be regarded as a serious matter and will be dealt with under Deliabernal'disciplinary procedures.

 

7. DUTIES OF EMPLOYEES IN RELATION TO REPORTABLE CONDUCT

It is expected that Deliabernal employees who become aware of actual Reportable Conductor suspect, on reasonable grounds, potential cases of Reportable Conduct, will make a report under this policy or under other applicable policies.

 

8. GROUP REPORTING PROCEDURES

Divisions/business units and Protected Disclosure Officers (as appropriate) will report to the divisional/business unit boards on the number and type of whistleblower incident reports annually, to enable Deliabernal to address any issues and trends at a divisional/business unit and/or Deliabernal Group level.

These reports will be made on a ‘no names’ basis, maintaining the confidentiality of matters raised under this policy.

 The Audit and Risk Committee will receive copies of all divisional/business unit board whistleblower reports, and whistleblower reports from Protected Disclosure Officers (as appropriate). In addition, serious and/or material Reportable Conduct will be considered by the Protected Disclosure Officers for immediate referral to the Chairman of the Audit and Risk Committee.

 

9. AMENDMENT OF THIS POLICY

This policy cannot be amended without approval of the Deliabernal Board. It will be reviewed from time to time to ensure that it remains effective and meets best practice standards and the needs of Deliabernal.

 

 

Annexure A-Special protections under the Corporations Act

 

The Corporations Act gives special protection to disclosures about any misconduct or improper state of affairs relating to Deliabernal if the following conditions are satisfied:

 

1.               the whistleblower is or has been:

a.              an officer or employee of a Deliabernal company;

b.              an individual who supplies goods or services to a Deliabernal company or an employee of a person who supplies goods or services to a Deliabernal company;

c.              an individual who is an associate of a Deliabernal company; or a relative, dependent or dependent of the spouse of any individual referred to at (a) to (c) above.

 

2.                the report is made to:

a.              a Protected Disclosure Officer;

b.              an officer or senior manager of a Deliabernal company concerned;

c.              Deliabernal's external auditor (or a member of that audit team)2;

d.              an actuary of a Deliabernal Group company3

e.              a legal practitioner for the purpose of obtaining legal advice or legal representation in relation to the operation of the whistleblower provisions in the Corporations Act even if the advice is to the effect that the disclosure does not relate to a disclosable matter.            

3.              the whistleblower has reasonable grounds to suspect that the information being disclosed concerns misconduct, or an improper state of affairs or circumstances in relation to the Deliabernal Group. This may include a breach of legislation including the Corporations Act, an offence against the Commonwealth punishable by imprisonment for 12 months or more or conduct that represents a danger to the public or financial system.

Examples of conduct which may amount to a breach of the Corporations Act include insider trading, insolvent trading, breach of the continuous disclosure rules, failure to keep accurate financial records, falsification of accounts, failure of a director or other officer of the Group to act with the care and diligence that a reasonable person would exercise, or to act in good faith in the best interests of the corporation, or failure of a director to give notice of any material personal interest in a matter relating to the affairs of the company.

4.               The protections given by the Corporations Act when these conditions are met are:

a.              the whistleblower is immune from any civil, criminal or administrative legal action (including disciplinary action) for making the disclosure;

b.              no contractual or other remedies may be enforced, and no contractual or other right may be exercised, against the whistleblower for making the report;

c.              in some circumstances, the reported information is not admissible against the whistleblower in criminal proceedings or in proceedings for the imposition of a penalty;4

d.              anyone who causes or threatens to cause detriment to a whistleblower or another person in the belief or suspicion that a report has been made, or may have been made, proposes to or could be made, may be guilty of an offence and may be liable for damages;

f.                a whistleblower's identity cannot be disclosed to a Court or tribunal except where considered necessary; and

 

Confidentiality

 

If a report is made, the identity of the discloser must be kept confidential unless one of the following exceptions applies:

(a)           the discloser consents to the disclosure of their identity;

(b)            disclosure of details that might reveal the discloser's identity is reasonably necessary for the effective investigation of the matter;

(c)            the concern is raised with a lawyer for the purpose of obtaining legal advice or representation.

 Disclosures may be made anonymously and the discloser may choose to remain anonymous and remain protected under the Corporations Act.

 A “public interest disclosure” or an “emergency disclosure” may be made to a journalist or a parliamentarian under certain circumstances and qualify for protection. The discloser should seek independent legal advice before making such a disclosure.

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