Complaints channel

The entry of complaints through the Complaints Channel will imply the acceptance by the complainant of the following terms and conditions, which should be read carefully, so that if they do not conform to them, the complaint may be dismissed.

• Once the complaint is submitted through the form on this page, it will be automatically redirected to the e-mail address canaldedenuncias@desafiochile.cl, to which only the Legal and Compliance Director and the Director of Finance and Human Resources of Desafío (the "Receivers") will have access. If any of these persons is the one against whom the complaint is directed, he/she must immediately disqualify himself/herself.
• The Receivers of the complaint and/or the Ethics Committee may reject outright or after the conclusion of the respective investigation, those complaints that:
  • Do not describe real and concrete behaviors.
  • Report complaints and/or requests that are not related to reproachable conduct, which should be channeled through other channels available at the Foundation.
  • They are unfounded.
  • Do not contain all of the information required in the form provided for this purpose, unless the Receivers deem that there is sufficient merit for their knowledge and/or review.
  • Are not accompanied by complete, accurate and truthful information.
  • Are accompanied by false or misleading information, which may lead to the adoption of measures within Desafío, without prejudice to actions to pursue civil or criminal liability in accordance with the law.
  • Directly or indirectly promote discrimination, hatred or arbitrary rejection of persons, groups, communities and/or ethnic groups.
  • Incorporate advertising, promotions, offer paid services and/or establish spam systems.
  • Use inappropriate and/or disrespectful language.
  • Attach audios referring to conversations of a private nature, without accompanying the authorization of those who participated in them.
  • Attach photographs and filming taken without the consent of the participants, except insofar as they were taken on public or private premises freely accessible to the public.
• When a complaint has been dismissed by the Receivers on grounds relating to the merits of the complaint, the decision must be brought to the attention of the Ethics Committee, which may ratify it or order the opening of an investigation or a more thorough investigation.
• Within 5 working days after the date on which the complaint is received, the Receivers of the complaint will review it and may contact the complainant to request further background information on the complaint, if deemed necessary for its study and analysis, giving the complainant a period of time to do so.
• Once the above step has been completed, and within 3 working days, the Receivers shall send the complaint and the background information attached thereto (if any), as well as any other information that the Receivers have gathered, to the Ethics Committee. The members of the Ethics Committee shall be obliged to keep the identity of the complainant confidential, if so requested, as well as the background information attached thereto, only insofar as they contain elements that must be kept confidential.
• The Ethics Committee shall adopt its decisions by an absolute majority of its members and shall meet as many times as it deems necessary to hear the complaint, and may summon the complainant, the accused, members of the Foundation and/or third parties, as well as request new background information, decree investigative and evidentiary measures and/or any other measure it deems appropriate to issue a well-founded pronouncement regarding the complaint.
• At the request of the complainant, of the Receivers of the complaint or on its own initiative, as the case may be, the Ethics Committee may adopt temporary measures aimed at preventing the conduct denounced from continuing to be carried out or its effects from occurring.
• The Ethics Committee shall decide on the complaint within 10 working days of being notified of it, which period may be extended for good cause for up to 15 additional working days.
• The meetings, discussions and resolutions of the Ethics Committee shall be recorded in minutes signed by all its members, which shall be kept confidential.
• The resolution of the Ethics Committee will be communicated to the complainant to the e-mail address indicated in the complaint, as well as to the accused, to the e-mail address registered with the Foundation or to any other e-mail address known to the complainant, who will have the right to appeal the resolution to the Board of Directors of the Foundation, within 10 working days from that communication, with the Board having the same number of days to issue a well-founded pronouncement, which must be adopted by the majority of its members, being its decision definitive in this regard. The appeal must be sent to the e-mail canaldedenuncias@desafiochile.cl.
• The Ethics Committee and/or the Board of Directors, as appropriate, may apply any of the disciplinary measures contemplated in its internal documents to the members of Desafío who have committed the conduct or conducts denounced, without prejudice to initiating the corresponding legal actions, as the case may be. They may also order both the termination of supply contracts with respect to suppliers who have been involved in and/or executed the reported conduct, as well as the prohibition to contract with them in the future.
• The resolution of the Ethics Committee or that of the Board of Directors, as the case may be, may be made public through Desafío's internal communication channels, and all background information relating to the person of the complainant, the accused, as well as all or part of the information gathered in the course of the procedure provided for herein, must be kept confidential.