BUSINESS ETHICS POLICY
OF BERGMAN ENGINEERING SP. Z O.O.
ENTRY
This Business Ethics Policy is a set of principles and values on which the Company’s operations are based and forms an integral part of its corporate culture. The Company has a transparent policy of conduct that is consistent with standards, corporate governance guidelines and principles of integrity towards our employees, associates, customers, suppliers and the community in which the Company operates. The responsibility to comply with the Policy is incumbent on every employee, associate, consultant, business partner of the Company, irrespective of their function or place of work. This Policy should be read in conjunction with other policies and procedures implemented in the Company. In case of any doubt, each Employee should seek advice from his/her Supervisor, a Board Member, the Head of the Legal Department or the Company’s Internal Audit Officer.
COMPLIANCE
In the course of its business, the Company and all its employees, associates, customers and suppliers are required to comply with applicable national and international laws, standards and regulations. The Company is responsible for conducting its business in accordance with the law and international guidelines. We are committed to conducting business with honesty and integrity. No employee, associate, officer or director of the Company shall engage in unlawful or unethical acts or commission or induce others to engage in such acts.
ANTI-CORRUPTION, ANTI-BRIBERY AND ANTI-MONEY LAUNDERING
The Company is committed to strict compliance with business ethics and anti-corruption laws in all areas of its business, including in its dealings with customers, suppliers, public officials and other interested parties. Any form of corruption, including giving or accepting bribes, offering or accepting direct or indirect gratuities, offering or accepting pecuniary or personal benefits, using influence to obtain financial and non-financial benefits will not be tolerated by the Company. Giving expensive gifts to clients or government officials to obtain business benefits as well as engaging in unethical business practices are also unacceptable. The abuse of entrusted power for private gai nor financial and non-financial advantages is strictly forbidden.
The Company complies with all national and international regulations and guidelines governing anti-money laundering and takes measures to eliminate risks by legally monitoring and verifying transactions entered into, identifying the beneficial owners of transactions entered into, identifying potential money laundering threats and risks.
DATA PROTECTION AND SECURITY
Ensuring the security of customer, employee and business partner data is a priority for the Company. Data, information and documents of the Company and those entrusted to the Company by external parties may only be used by Company employees for business purposes and shared with third parties only insofar as the business relationship requires. The Company is fully responsible for protecting the confidentiality of information and data entrusted to the Company by customers, suppliers, employees and other entities cooperating with the Company in the course of its business, and each employee and associate is obliged to maintain confidentiality and professional secrecy. We protect the right to privacy of our employees and collaborators. All personal data is stored and processed in accordance with applicable data protection legislation. Entrusted personal data is processed only for legitimate purposes, only by authorised persons and protected from unauthorised access and data corruption throughout its lifecycle. To ensure data and information security, the Company has implemented a Data Protection Security Policy and Information Security Policy, which are a set of laws and guidelines governing how data is managed, protected and shared. It is the responsibility of every employee and associate of the Company to comply with the policies implemented and to act in accordance with the data and information protection principles set out therein. In order to prevent the loss or disclosure of data and information, the Company organises periodic training programmes for employees and collaborators. The obligation to protect data and information, as well as the prohibition of their unauthorised dissemination or disclosure, applies to each employee or associate also after their cooperation with the Company has ended. It is the responsibility of every employee and associate of the Company to comply with the Policies implemented and to act in accordance with the data and information protection principles set out therein. In order to prevent the loss or disclosure of data and information, the Company organises periodic training programmes for employees and collaborators. The obligation to protect data and information, as well as the prohibition of their unauthorised dissemination or disclosure, applies to each employee or associate also after their cooperation with the Company has ended.
FINANCIAL RESPONSIBILITY AND ACCURACY OF BUSINESS DOCUMENTATION
Accuracy and correctness of financial business documentation and records is a priority for the Company. The Company’s books, financial account, quality reports, time records and files, expense reports and submissions to customers or regulatory authorities should reflect the actual state of the Company’s assets and liabilities, and the records of all the Company’s activities must be maintained in accordance with all applicable regulations and accounting principles. All business transactions and financial operations must be properly and accurately recorded, properly authorised and fully and accurately recorded in a manner that allows the preparation of correct Company financial statements and the accounting of Company assets. Every business document including invoices, expense reports, delegations, inventories, financial reports must be complete and accurate. It is unacceptable to introduce false, misleading information into records or documentation or to create false, inaccurate or misleading reports and documents. The Company’s accounts, books and records must be maintained in accordance with applicable law and regulations and generally accepted accounting principles.
DISCLOSURE OF INFORMATION
The Company ensures transparency in its communications with stakeholders and clients through truthful, fair, comprehensive and lawful disclosure of financial and non-financial information relating to the Company’s operations. Such informations should be disclosed in accordance with applicable regulations and prevailing business practices. This concerns information regarding in particular labour force, health and safety practices and rules, environmental practices, business activities, financial situation and performance of the Company.
FAIR COMPETITION AND ANTI-TRUST LAW
The Company undertakes to conduct its business in compliance with competition and anti-trust laws and standards in the places where the Company operates and not to undertake actions that could be considered contrary to regulations or unfair business practices. In particular the Company should avoid business practices that unlawfully restrain competition, improper exchange of competitive information and price fixing, bid rigging or improper market allocation. The conclusion of illegal agreements, price fixing agreements, division of markets, boycotts of competitors are strictly forbidden. It is an unacceptable practice to conclude formal or informal agreements and arrangements that restrict independent business decisions, market transactions or aim at taking unfair advantage of the Company’s market position. The Company obtains information on competitors only from legal and officially available sources. It is prohibited to obtain information and trade secrets about a competitor using illegal or dishonest methods such as theft, bribery, inducement to breach professional secrets. Practices involving the spread of false and unreliable information and unverified rumours about a competitor are unacceptable. In view of the risk of the Company’s legal and financial liability in the event of infringement of competition and antitrust regulations, and to minimize the risk of infringing of involvement in competition law infringement we oblige employees and associates to report any doubts or suspicions regarding the application of the above regulations to a Superior, a Member of the Management Board, the Director of the Legal Department, the person responsible for the Company’s internal audit or through specially dedicated public channels for reporting breaches and abuses.
CONFLICTS OF INTEREST
It is the duty of every employee and associate of the Company to act in the best interests of the Company and to avoid actions that could damage its interests, good name or expose the Company to damage. Employees and associates are obliged to avoid situations where there could be a conflict between the private interests of the employee or a person close to him/her and the interests of the Company. Employees and co-workers must not engage in any activity that could be performed at the expense of the time and commitment that must be devoted to the diligent performance of their duties. It is unacceptable to engage in financial and property ventures that could have an undesirable impact on the performance of the employee’s official duties as well as influence the Company’s decisions in order to obtain direct or indirect personal, financial benefits for the employee or a person close to him/her. Employees and associates must not use their position to obtain personal or material benefits such as financial gratuities, donations, loans, gifts, trips, free services or other privileges in exchange for favourable Company business decisions influenced by the employee’s official duties. In the event of a suspected conflict of interest, each employee or associate must immediately notify his or her Supervisor, a Member of the Management Board, the Director of the Legal Department or the person responsible for the Company’s internal audit in order to investigate the nature and extent of the conflict and to establish a procedure for resolving it.
COUNTERFEIT PARTS
In the course of its business, the Company uses only products and equipment from suppliers guaranteeing the use of original parts and materials in the products supplied. In the event that it is determined that products or equipment used by the Company are fitted with non-original parts or materials, the Company undertakes to immediately notify the Original Equipment Manufacturer (OEM) or Parts Manufacturer and the relevant authorities and institutions.
INTELLECTUAL PROPERTY
The Company respects and protects the intellectual property rights of the Company, its employees and associates and others including the Company’s customers and suppliers. Intellectual property rights such as patents, inventions, trademarks, trade secrets, copyrights, business plans and strategies, business objectives, databases, customer and supplier data, and all unpublished financial and business data are protected by law. The Company considers the unauthorised use or disclosure of information constituting the intellectual property of the Company, its employees, associates or a third party to be unacceptable. Violations of intellectual property rights may result in legal, financial and disciplinary consequences for those who commit such violations. The Company respects the intellectual property rights of third parties and requires all its employees and associates to respect them, regardless of their function. We believe that the benefits and recognition of intellectual property rights should be earned by its creators or legal owners. The Company prohibits the use for Company business purposes of software that is not owned by the Company or for which the Company does not have a licence. The obligation to protect intellectual property rights and the prohibition of unauthorised dissemination or disclosure of information constituting intellectual property also applies to any employee or associate even after their employment or cooperation with the Company has ended.
PROTECTION OF COMPANY PROPERTY AND ASSETS
All employees and associates shall protect the Company’s property and assets including buildings and their premises, surroundings, equipment and all facilities as well as equipment received for disposal including company cars, telephones and computers. Employees should use the equipment provided in a lawful and fair manner and protect it from theft, loss or damage. The equipment provided is the property of the Company and must be available to the Company at any time. Company’s property may only be used for Company business and may not be used for personal purposes without the approval of your supervisor or for personal or financial gain. Data and information transmitted by business means are the property of the Company. Each employee and associate must protect Company information and resources, including trade and professional secrets. The protection of secrets and confidential informations continues even after their employment or cooperation with the Company has ended.
EXPORT CONTROLS AND ECONOMIC SANCTIONS
The Company complies with all national and international export control and economic sanctions laws and regulations, including embargoes on the export of goods, software, services and technology, as well as applicable restrictions on trade involving certain countries, regions, entities and individuals. The Company’s policy is to comply with the laws and regulations issued by the United Nations, the European Community, international organisations and the country of business, as well as to control and monitor lists of sanctions against specific individuals, entities and organisations. Before and during cooperation, employees and collaborators responsible for the particular area of the Company’s activities are obliged to check and subsequently monitor whether a given transaction or cooperation violates national and international regulations and prohibitions in this respect.
REPORTING BREACHES AND ABUSES, REMEDIES, PROHIBITION OF RETALIATION MEASURES
This Policy of Business Ethics applies to all full-time and part-time employees, temporary employees, associates, agents, consultants, advisors, independent contractors and is publicly available on the Company’s website. Transparency is part of the Company’s culture and to ensure the highest standards, the Company provides effective and publicly available mechanisms for filing complaints and accessing remedies when violations or abuses are identified.
Anyone who becomes aware of or witnesses a breach or abuse of this Policy should immediately report it to the Management Board or through dedicated public channels for reporting breaches and abuses. Any report will be treated confidentially and the Company has introduced an absolute prohibition on any retaliation against the reporting person (whistleblowing and protection against retaliation).
In order to ensure effective compliance with this Policy and other applicable Company policies and regulations, the Company has implemented a Complaint Procedure for Breaches and Abuses nad Whistleblower Protection with which every employee and associate of the Company is familiar.
The implementation of this Policy is linked to an employee and associate training programme and Company-wide outreach activities.
The Company will periodically review this Code to ensure its effectiveness and proper application.