ProActive Hotline

Last updated: 11 August 2018

Access to and use of this website is provided subject to these terms and conditions. Please read these terms of use carefully. By accessing, visiting, using or attempting to interact with any part of the ProActive Hotline Anonymous Reporting System (hereinafter referred to as "ProActive Hotline"), you hereby agree to be bound by all terms and conditions incorporated herein by reference.

The ProActive Hotline is not intended to be an emergency hotline or a customer complaint reporting system.

Subscribers

P&A Grant Thornton has entered into an agreement with the subscribing company (hereinafter referred to as “Subscriber”) to provide an anonymous and confidential third-party reporting facility which aims to inform Subscribers about abuse, misconduct, fraud and other issues within their organization that are self-reported by employees, customers, suppliers, concerned citizens, or others that the Subscriber provides with access. The ProActive Hotline website has a list of default categories which are not limited to the following:

Conflict of Interest. Situations which may impair the objectivity of a person because of the possible incompatibility of the person’s self-interest and professional or public interest. (Examples: inappropriate relations or questionable transactions with clients or suppliers, misuse of client/company information)
Falsification of Documents. Counterfeiting, forging, falsifying or making fraudulent changes to any document. (Examples: Forgery, alteration, tampering)
Financial Reporting Concerns. Deliberate misstatements in recording and/or reporting business transactions or result of operations. (Examples: incorrect recording of financial transactions, irregularities in application of accounting standards, misleading reports)
Misconduct or Policy Violations. Acts that violate moral or civil law, code of ethics, company policies, and/or contractual agreements. (Examples: violation of code of ethics, control overrides, acting under false/insufficient authority)
Theft, Fraud or Misappropriation. Fraudulent appropriation of funds or property entrusted to one’s care but actually owned by the employer or someone else. (Examples: stealing, misappropriation of funds, false representation)

P&A Grant Thornton agrees only to direct all received and reported incidents and concerns to the Subscriber’s administrators and/or delegated recipients (hereinafter referred to as “Category Handler/s”) via its facility and will take no action to investigate and resolve the report or ensure the accuracy, reliability, completeness, timeliness, or validity of any information related to incidents and concerns reported through this facility. Moreover, P&A Grant Thornton will not provide any identifying information of the reporters/whistleblowers, unless the reporter/whistleblowers specifically provided their personal identification in the report. The Subscriber assumes full responsibility of reviewing, investigating, acting, or not acting, based upon the information submitted by the reporters/whistleblowers.

P&A Grant Thornton is not responsible and provides no guarantee as to the content, sequence, accuracy, timeliness or completeness any information related to incidents and concerns submitted anonymously and confidentially by the reporters/whistleblowers and subsequently reported to the Subscriber’s Category Handler/s.

The Subscriber, its officers, directors, owners, employees and agents hereby undertake to indemnify and hold P&A Grant Thornton and its respective members, managers, officers, directors, employees, successors, predecessors, or agents and assigns free and harmless from and against all liabilities, claims, demands, actions, proceedings, losses, expenses, and all other liabilities of whatsoever nature or description which may be suffered or incurred with the execution of this Agreement or the Subscriber’s actions or failures to take action as the result of having received, or been available to receive, information related to any anonymous and confidential incident or concern reported.

P&A Grant Thornton, its officers, directors, partners, owners, employees, and agents will not be liable for any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering information; any errors, omissions, or inaccuracies in the information provided regardless of how caused, or delays or interruptions in delivery of information; or any decision made or action taken or not taken or reliance upon the information furnished.

The Subscriber agrees that in no event shall P&A Grant Thornton, its officers, directors, partners, owners, employees, assigns and agents be liable for any losses or damages whatsoever, whether in contract, damage or otherwise, or for any direct, indirect, incidental, punitive, actual, consequential, special, exemplary or other damages, including loss of revenue or income, pain and suffering, emotional distress or similar damages arising from the from the use of, or reliance on, the information received by the reporters/whistleblowers.

Subscribers will pay a subscription fee to P&A Grant Thornton, depending on the chosen subscription plan, to provide the service for a certain period, depending on the chosen subscription plan, from the date of the original agreement. After the 7-day free trial period, only Subscribers who have paid their subscription in full will receive reports submitted by reporters/whistleblowers. Subscribers are responsible for updating and maintaining the accuracy of their account information using the online account login, including, but not limited to, the primary contact information, company administrator, and Category Handler/s that the Subscriber delegated to receive reports submitted to the ProActive Hotline website.

The Subscriber, Subscriber’s administrators and/or Category Handler/s shall be responsible for maintaining the secrecy and confidentiality of passwords and for all activities that transpire on or within the Subscriber’s account. It shall be the Subscriber’s responsibility to notify P&A Grant Thornton immediately if the Subscriber’s administrators and/or Category Handlers notice any unauthorized access or use of their accounts or passwords or any other breach of security. P&A Grant Thornton shall not be held liable for any loss and/or damage arising from any failure to comply with this Agreement.

Subscribers should read section the “Reporters/whistleblowers and other users“ and “Privacy Statement” for additional terms and conditions.

Reporters/Whistleblowers

P&A Grant Thornton has entered into an agreement with the Subscriber to provide an anonymous and confidential third-party reporting facility which aims to inform Subscribers about abuse, misconduct, fraud and other issues within their organization that are self-reported by employees, customers, suppliers, concerned citizens, or others that the Subscriber provides with access.

All information submitted by reporters/whistleblowers is voluntary. Submitting information constitutes your consent for

P&A Grant Thornton to use the information for the purpose stated herein and indicates to us you are aware of our Privacy Statement.

Unless you identify yourself, all reports received by P&A Grant Thornton are anonymous. If you wish to remain anonymous, you should not provide any information that may personally identify you. Reports provided to the Subscriber will include all information submitted by the reporters/whistleblowers. P&A Grant Thornton is not responsible for potential monitoring and/or tracking of information submitted via telephone or internet from within your organization or through equipment provided by your organization.

P&A Grant Thornton does not and shall not investigate or resolve issues or concerns submitted by reporters/whistleblowers. You understand and acknowledge that the sole obligation of P&A Grant Thornton to you is to receive your report and deliver via the ProActive Hotline website the information you have submitted to the Subscriber’s administrator and/or Category Handler/s. The Subscriber, and not P&A Grant Thornton, is solely responsible to evaluate the information submitted and to comply with all applicable local, state or federal laws relating to the investigation and protection of the information submitted.

Each reporter/whistleblower, his or her heirs assigns, and successors-in-interest hereby agree to release P&A Grant Thornton and its respective members, managers, officers, directors, employees, successors, predecessors, or agents and assigns from any and all liability, claims, actions, causes of actions and damages which relate in any way to P&A Grant Thornton’s or the Subscriber’s actions or failures to take action as the result of having received, or been available to receive, information related to any anonymous and confidential incident or concern reported.

P&A Grant Thornton will not be liable for any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering information; any errors, omissions, or inaccuracies in the information provided regardless of how caused, or delays or interruptions in delivery of information; or any decision made or action taken or not taken or reliance upon the information furnished. Under no circumstances shall P&A Grant Thornton be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the information received by the reporting parties.

Use of Material on the ProActive Hotline Website

The information, forms, artwork, text, media or pictures (hereafter collectively referred to as "Materials") contained on the ProActive Hotline website are protected by copyright laws. You may only access and use the Materials for marketing of the ProActive Hotline service within your firm (if your firm is a subscriber to the service), and for personal or educational purposes. You may not modify or use the Materials for any other purpose without the express written consent of Punongbayan & Araullo (“P&A Grant Thornton”). Except as provided below, you may not reproduce, post, transmit or distribute any of these Materials.

You may print Materials on the ProActive Hotline website for marketing of the ProActive Hotline service within your firm (if your firm is a subscriber to the service), and for personal or educational purposes only. In such cases, you must include any copyright notice originally included with the Materials in all copies.

The Materials included on the ProActive Hotline website have been compiled by P&A Grant Thornton from a variety of sources, and are subject to change without notice.

All media files on the ProActive Hotline website are protected by copyright laws. You may not, under any circumstances, reproduce, record, publish, publicly exhibit, or distribute any media files on the ProActive Hotline website without the express written consent of P&A Grant Thornton. You may not link directly to any file located on the ProActive Hotline server without P&A's express written consent, and you should not attempt to represent any ProActive Hotline content as your own work.

Sites Linked from the ProActive Hotline Website

The sites linked from the ProActive Hotline website are not under the control of P&A Grant Thornton. P&A Grant Thornton does not assume any responsibility or liability for any communications or materials available at such linked sites. P&A Grant Thornton does not intend links on the ProActive Hotline website to be referrals or endorsements of the linked entities, and are provided for convenience only.

Disclaimer of Warranty

The information or data (collectively, "Information") made available at the ProActive Hotline website are provided "AS IS," without warranties of any kind. P&A Grant Thornton expressly disclaims any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. P&A Grant Thornton shall have absolutely no liability in connection with the services including without limitation, any liability for damage to your computer hardware, data, information, Materials and business resulting from the Information or the lack of information available on the Proactive Hotline website.

P&A Grant Thornton shall have no liability for:

Any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information;
Any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
Any decision made or action taken or not taken in reliance upon the Information furnished hereunder.

P&A Grant Thornton makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information or that the Information may be relied upon for any reason. P&A Grant Thornton makes no warranty, representation or guaranty that the Information will be uninterrupted or error free or that any defects can be corrected.

Limitation of Liability