Vizzuality playbook in progress
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(*) This Guideline was initially presented to the company in a blogpost (17/03/21), and then in an email sent to every employee (ADD DATE)
** Guideline Content:**
This guideline shows our commitment to keeping all work environments free of harassment and improper behaviour, so our team feels safe and happy. We do not tolerate any intimidating, humiliating or sabotaging behaviour at the workplace.
Any type of intentional discrimination based on age, gender identity, sexual orientation, economic status, seniority, ethnicity, race, religion and disability is prohibited. This behaviour is targeted and sanctioned accordingly to what is described in this guideline and the applicable law.
All members of Vizzuality must work together to ensure a healthy working environment in which personal dignity is respected, and specially more senior team members, must actively ensure that no harassment occurs at the company.
This workplace harassment guideline applies to all employees, contractors, external visitors, customers and anyone with whom employees come into contact at work.
Third-party companies with which Vizzuality works will be informed of the existence of this guideline and in the event of any conflict between Vizzuality’s employees and any external contractor, or its employees, the corresponding business coordination mechanisms will apply, which trigger reciprocal communication to reach an agreement on how best to handle and resolve a discrepancy.
It also applies to all countries in which the company operates or has employees, and it will be in place as from March 22nd 2021.
It applies in the workplace and/or during working hours and outside the workplace during work-related events, trips or social occasions and via social media.
To better understand the different concepts involved and their severity, the guideline’s key elements are described below: Harassment, Sexual harassment, Gender-based harassment, Stalking and Cyberstalking, Mobbing or Bullying, Trolling and Online hate speech
Harassment is an unwelcome conduct (physical, verbal, non-verbal) that creates an environment that is intimidating, hostile or abusive. This behaviour could include bullying, intimidation, direct insults, malicious gossip intended to humiliate, and victimisation.
Some examples of harassment include:
Intentionally sabotaging someone’s work.
Engaging in frequent or unwanted advances of any nature.
Commenting derogatorily on a person’s age, gender identity, sexual orientation, economic status, seniority, ethnicity, race, religion or disability.
Starting or spreading rumours about a person’s personal life.
Ridiculing someone in the presence of others or singling them out to perform tasks unrelated to their job against their will.
Abuse (verbal or online).
Seriously offensive physical gestures.
Images, emojis, and/or graffiti with hostile, abusive and/or intimidating content against others.
Sexual harassment is unwanted sexual behaviour (physical, verbal or non-verbal) which:
Has the purpose or effect of violating a person’s dignity.
Has the purpose or effect of making a person feel intimidated, degraded or humiliated.
Has the purpose or effect of creating a humiliating, intimidating, hostile or offensive environment.
Interferes with a person’s work performance.
Uses a person’s submission to or rejection of such conduct as a basis for employment decisions affecting that person.
What do we mean when we say “unwelcome behaviour”?
Unwelcome behaviour is any sexual or gender-based behaviour that a person finds personally offensive. It could be:
Verbal behaviour: such as sexual advances, requests for favours or pressure to perform sexual favours, obscene comments or gestures and/or any other verbal or physical sexual conduct, made either explicitly or implicitly, such as inappropriate sexual jokes, insistence in taking part in social activities outside work –once the person in question has clearly expressed that he or she is bothered by this insistence–, undesired telephone calls, jokes or comments about sexual appearance, etc.
Non-verbal behaviour: such as showing images or other material of a sexual content, lewd or lecherous conduct, coarse gestures, offensive sexual-related letters or emails.
Physical behaviour: such as unwanted and deliberate physical contact, undesired embraces or kisses, unnecessary or excessive physical contact.
It is not necessary to have previously objected to someone’s behaviour for it to be considered unwanted, and how a person receives and responds to the behaviour will determine whether that person finds it unwelcome.
If a person finds a conduct unwelcome, he or she should not hesitate to make his or her reaction known, clearly and promptly.
For the purpose of this guideline, gender-based harassment is any behaviour intended to belittle a person, attack his or her dignity or create an offensive or intimidating environment as a consequence of the employee’s gender or sexual orientation.
The following behaviour, for example, is deemed to be gender-based harassment, if it relates to a person’s gender or sexual orientation and is aimed at attacking his or her dignity:
Deliberately ignoring or excluding a person.
Unfair treatment or assessment of a person’s work.
Inappropriate jokes, comments or banter or displaying inappropriate pictures or other material related to personal traits. This is harassment even if it is not aimed at the person who perceives it as creating an offensive working environment. An example would be a personal assistant who, in the course of his or her work for his or her manager, comes across pornographic material or sexist jokes in emails between managers.
Physical conduct related to personal traits; such as physical violence.
Excluding, marginalising or discriminating a person for reasons relating to a personal trait or unfair treatment as a result of a personal trait (even as a result of pregnancy or maternity), for example when taking decisions on his or her professional development or training, his or her continuity in the job, remuneration, promotion or any others.
Repeatedly entrusting tasks and duties that are clearly below one’s professional capacity because of personal traits.
Subjecting someone to humiliating or embarrassing situations for reasons relating to a personal trait. For example, singling out an individual for unfair personal criticism or ridicule in a team meeting for reasons that relate to their actual or perceived sexual orientation or age.
Staking is defined as a pattern of fixated and obsessive behaviour which is repeated, persistent, intrusive and causes fear of violence or engenders alarm and distress in the victim. Stalking behaviour includes:
Making unwanted communication.
Consistently sending gifts (e.g. flowers).
Damaging property.
Physical or sexual assault.
Cyber-stalkers are driven by the same intention as non-digital stalkers (i.e. to intimidate or embarrass their victims). The difference is that the latter rely on technology such as social media, instant messaging and emails for their actions. Cyber-stalkers can use a multitude of online tools to make unwanted contact with their victims. There are different types of online stalking, including:
Catfishing.
Virtually visiting victims via Google Maps Street View.
Hijacking webcams.
Looking at geotags to track a person’s location.
For the purpose of this guideline, mobbing is any type of offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient, committed by one person or group of people towards another person in the workplace, which:
is of extreme psychological violence;
is abusive or unfair;
is recurrent and occurs for an extended period of time; and
damages the person’s dignity.
Some typical features of bullying are:
Extreme psychological violence.
The target is usually discriminated against because he or she is competent or popular.
The target may not realise they are being bullied for weeks or months. The target will often suddenly realise that a series of seemingly insignificant incidents amount to intimidation and victimisation.
It tends to be characterised by a series of minor criticisms or false or unfair allegations (offensive words are less common than in harassment).
The following is some typical mobbing behaviour:
Intimidating, threatening, malicious or insulting behaviour;
Mocking or criticising co-workers because of nationality, political or religious beliefs, sexual orientation, appearance, etc.; or
An abuse or misuse of power intended or which, viewed objectively, would be likely to manipulate, undermine, humiliate, denigrate or injure a co-worker.
Mobbing does not include legitimate, constructive criticism of a person’s performance or behaviour; an occasionally raised voice; a disagreement; or reasonable instructions given to someone in the course of their employment relationship. In other words, certain unfriendly or even hostile behaviour may occasionally take place at work. However, in order for such behaviour to qualify as mobbing, it must be aimed at one person in a malicious and recurring way.
A troll is internet slang for a person who intentionally tries to instigate conflict, hostility or arguments in an online setting.
Trolls like to cause mischief and suffering and relish the attention it brings. Trolls often use inflammatory messages to incite emotional responses from people, disrupting otherwise civil discussions. Trolling can occur anywhere where people can freely post their thoughts and opinions (e.g. YouTube, forums, chat rooms).
Trolls will frequently try to attack something you have revealed you like or are in favour of. Trolls generally insult your tastes directly or generally bash the topic of a forum or post.
If a post is hostile towards a person’s race, religion, disability, sexual orientation or gender identity, it may be viewed as hate speech, and, if serious enough, may be against the law, whether it is on- or offline.
A single “hate incident” may not automatically be against the law, but a series of hate incidents may amount to a criminal offence. Online hate speech is serious and is a crime if it targets one of the aspects of identity listed above.
Vizzuality has disclosed and will continue to disclose this guideline through our own Playbook (or any other means that serve that purpose).
Vizzuality will inform all current members of its organisation of the existence, purpose and application of the guideline, and will share it with every new employee joining the organisation, as part of their work contract. We will be doing this using different comms channels (ie. Blogpost, Slack Announcement, Email, Playbook Guideline, New Joiner Onboarding Handbook)
In addition, Vizzuality undertakes to promote respect and consideration among all its employees, fostering any action it deems necessary to fulfil the purposes of this guideline (i.e. culture workshops).
This guideline will be updated from time to time, so as to update it and ensure that all members of the organisation are conscientious and responsible for helping ensure a working environment in which the dignity of others is respected.
At Vizzuality, we cannot guarantee a conflict- or concern-free workplace. What we can do is make sure we have a process and tools in place for us all to be in a position to prevent this type of behaviour.
5.1 Formally report inappropriate behaviour
You can formally report improper behaviour to any of the following people:
People & Culture / Human Resources: feel free to reach out to HR/People & Culture to alert of any case of harassment no matter how minor it may seem. For your safety, contact HR/People & Culture as soon as possible in cases of serious harassment (e.g. sexual advances) or if your Senior Manager / Exec Team point of contact is involved in your claim. In this regard, please contact Sebastian Bueno.
Senior Manager / Exec Team: if customers, stakeholders or team members are involved in your claim, you may reach out to a Senior Manager / Exec Team member. This person will assess the situation and may contact HR / People & Culture if appropriate.
Concerns should be communicated in writing. Please provide as many details as possible about your concern (i.e., identify the person being harassed, the harasser and yourself; the hierarchical relationship of the person/people involved; provide a description of the facts, actions or incidents in as much detail as possible, including the dates and places where the behaviour took place; also identify any possible witnesses).
The more information you provide, the sooner, more efficiently and thoroughly we will be able to address the issue. The reporting person should receive confirmation that the report has been correctly received within seven days of it being submitted.
Where the information provided in a complaint does not suffice to assess the facts, the Investigation Committee may decide to open a prior information procedure. This process will last a maximum of ten working days and, once completed, will end with the Investigation Committee’s decision to open the investigation procedure or close the complaint, in which case it must reason its decision.
All the information provided is confidential and will be treated as strictly confidential.
5.2 “My Obligation - If I have been informed…“
We are all responsible for preventing and stopping harassment and inappropriate behaviour at the workplace. If you know, or have been informed, of any such behaviour, you are responsible for addressing the issue as soon as possible.
This does not mean that you have to resolve the incident yourself. It means that you should act promptly and report the incident as soon as possible upon finding out about it whenever possible so that we can proceed as explained below in accordance with our obligation to protect the wellbeing of everyone at the organisation.
5.3 Workplace investigation
When we find out, either orally or in writing, about potential harassment or improper behaviour it is our job and obligation to investigate. If the investigation uncovers a violation or infringement, we will promptly take appropriate action. Our goal is to create a safe and respectful work environment in which we call all perform at the best of our ability.
Follow-up action will take place and feedback provided within a reasonable timeframe, given the need to address the problem promptly and avoid unnecessary public disclosures. This timeframe will not exceed three months unless the complexity or exceptional circumstances may .
Every situation is different and how we (the Investigation Committee handling your concern) approach your concern may vary. However, we generally follow the following steps during an investigation:
a) Creating an “Investigation Committee” (formed by 4 objective and impartial members who are not involved in the situation) who will mediate, review the information and store any evidence, as well as issue a conclusion/recommendation. The Committee will keep the identity of all the parties involved confidential and all members will need to sign a non-disclosure agreement (NDA) before joining.
Investigation Committee Members:
Permanent: People & Culture, 1 Exec Team member.
Depending on the case and circumstances, permanent members of the committee will be choosing 2 more members from across the organisation which are not involved, are impartial and are also objective to the situation.
b) The Investigation Committee will collect all relevant information to get a full picture. The committee will also draft minutes of all the conversations, testimony and/or interview. These minutes will have to be signed by the speakers.
c) Talk to the two (or more) people involved. Here, the parties can present their case, defend themselves and provide evidence.
d) Review documents, emails, messages, etc. provided by the parties.
e) If necessary, other people who might be able to provide relevant information to the case might be contacted.
f) The person under investigation will have 10 calendar days to provide evidence to defend him or herself against the facts he or she has been accused of.
g) Other people may be contacted or other information reviewed at the request of the parties.
(*) If you have been requested to act as a mediator, additional support is available here.
5.4 Confidentiality and data protection
While we strive to provide a safe space where people can raise concerns, both Senior Managers and HR/People & Culture have an obligation to address workplace concerns as and when they arise.
All inquiries are confidential, and although information is only disclosed on a need-to-know basis, we cannot guarantee absolute confidentiality and some or all the information may need to be disclosed to investigate and resolve the concern.
As we collect information, we may discover that there are other people we need to talk to or documents we need to review, which can lengthen the process. We will do our best to give you a timeframe of when you can expect us to get back to you.
The procedures in this guideline comply in full with the applicable data protection regulations, in particular, Regulation (EU) 2016/679 (“GDPR”) and Basic Law 3/2018 of 5 December on protecting personal data and the digital rights guarantees (“Personal Data Law”) (specifically, article 24.2).
The unauthorised disclosure of any information or data resulting from a harassment or mobbing procedure is a breach of contract subject to disciplinary sanction. In addition, Vizzuality will deal with the data resulting from a harassment or mobbing procedure in accordance with the Personal Data Law.
Our aim is to make the procedure as swift and efficient as possible, while protecting the privacy, confidentiality, dignity and data protection rights of the people involved. Sufficient protection of the victim’s safety and health will also be sought, taking into account the possible physical and psychological consequences that may arise from the situation, with particular regard to the working circumstances in which the person allegedly harassed may find him or herself. In this respect, the company will offer the victim agile and effective protection measures to ensure that the person in question is removed from the situation of pressure or harassment.
Strict confidentiality will be maintained throughout the procedure and all internal investigations will be carried out with caution and due respect for both the complainant and victim – who must not be treated unfavourably for this reason – and the person against whom the accusation is made, whose guilt will not be presumed.
Access to the data contained in the internal investigation processes is limited to those who carry out the functions of internal control and compliance, or those in charge of processing that may be appointed for such purpose. Similarly, access to them by other people will be lawful, including their communication to third parties, when necessary to adopt disciplinary measures or take legal proceedings as appropriate, pursuant to article 24.2 of the Personal Data Law, or to the competent public authorities (including law enforcement authorities) when appropriate or required by law.
In accordance with the above, all people involved in the procedure must be identified in the file and must keep all the information confidential and secret. They must not transfer or disclose information on the content of the complaints filed, under investigation or even resolved, except as expressly referred to in article 24.2 of the Personal Data Law. If a breach of this confidentiality obligation is detected, the disclosure will be investigated and if the source can be determined, the applicable penalties will be imposed.
Simbiótica, S.L. is the data controller of the personal data collected through incident reporting and processed during investigations. The data (including but not limited to data regarding the people involved in the harassment or improper behaviour reported, the potential harassment or improper behaviour itself or the dates and places where the reported harassment or improper behaviour took place) will be processed with the purpose of managing and investigating the reports, establishing corrective measures and complying with legal obligations. The legal basis for this processing is (i) Vizzuality’s legitimate interest to create and maintain a whistleblowing system to prevent any potential harassment or improper behaviour in the company and (ii) to comply with legal obligations.
Moreover, personal data will be processed during the following periods:
In order to carry out a prior analysis of potential harassment or improper behaviour reported to determine whether an investigation is necessary, data will only be processed for as long as necessary to determine whether the reported behaviour needs to be investigated. In any event, the analysis will not exceed three months as from the moment the behaviour is reported.
If an investigation is not initiated, personal data in the reports will be immediately destroyed and the reporter will be informed accordingly. If the investigation is recorded using digital format/tools, it will be enough to delete the personal data and information. Therefore, records could be anonymised (ie. to delete the personal data included within) so the full records are not deleted.
If an investigation is initiated, personal data will be processed during the investigation and, then, for as long as necessary to avoid the liability arising from the reported conduct.
If the reported harassment or improper behaviour constitutes a crime regarding which judicial proceedings must be initiated, personal data will be processed during the judicial proceedings, and then, for as long as necessary to avoid the liability arising in this regard.
Data subjects involved in the investigation can exercise their data protection rights (i.e. right of access, to rectification, erasure, restriction, data portability, object, to not be subject to automated individual decision-making, and any other rights) by communicating so to the following email address: [ david.gonzalez@vizzuality.com ]. The request must include proof of identity. Notwithstanding this, in order to preserve the confidentiality of the personal data of the people involved in the report (e.g. information regarding the reporter), some limitations on the above mentioned data protection rights apply, especially regarding the rights to access and rectification. Additionally, please note that data subjects have the right to file a complaint with the corresponding data protection authority, which in Spain is the Spanish Data Protection Agency (Agencia Española de Protección de Datos) (www.aepd.es).
5.5 Presumption of innocence and contradiction
All people involved in the procedure must be treated fairly and given a fair hearing. The objective must be to uncover the truth and clear up the facts.
5.6 Retaliation
Vizzuality prohibits retaliation against anyone who reports, in good faith, an existing or potential breach of this guideline or pursues any claim relating to this guideline or against anyone who co-operates in a related investigation. However, disciplinary measures will be taken against any person who makes a false accusation solely to harm another person.
5.7 Conclusion and recommendations
Once the Investigation Committee looking into your concern has collected the information required, they will need to reasonably conclude what they believe happened and whether any policies were violated. These conclusions will be recorded in a formal report.
The report will include at least the following information (which will be kept confidential):
Background to the case (summary of arguments raised by the parties involved).
Summary of the Investigation Committee’s involvement and evidence collected.
Summary of the main facts.
Conclusions and, where appropriate, proposed disciplinary measures.
The Investigation Committee will then work with HR/People & Culture and the appropriate business leaders to offer recommendations on what actions to take.
Behaviour involving sexual harassment, harassment on the grounds of sex or mobbing are very serious offences. If disciplinary measures and corrective actions are deemed appropriate, they could involve coaching, a verbal warning, a written warning, lower performance ratings, lower compensation, demotion, suspension, transfer or contract termination depending on the particular case.
If the disciplinary measure is not a dismissal, the company will take action to ensure the parties involved are kept apart in order to protect the victim, while also respecting their working conditions at all times.
Applying this guideline does not prevent the people concerned from simultaneously or subsequently taking any administrative or legal action deemed appropriate.
5.8 Post Conclusion & Recommendation “What if…”
If you feel you are suffering retaliation for raising the concern or participating in the investigation, we also consider this act inappropriate and will not tolerate it. Please let HR / People & Culture know immediately.
We will do our best to have HR / People & Culture check in with you to see how things are going after a concern has been resolved, but if anything else happens – similar offensive behaviour, other offensive behaviour or anything else that bothers you – please let us know. You can do so by reporting your concern as explained above.
We want Vizzuality to continue to be a great place to work, and we take workplace concerns very seriously when they are brought to our attention. If you witness or experience something that does not quite feel right, please speak up.