Corporate integrity, responsible sourcing and the safety and wellbeing of workers in the countries where we do business are of paramount importance to SmartComms SC Limited and its affiliates and subsidiaries (“Smart Communications”, “we”, “us” and “our”). These core principles are reflected in this Supplier Code of Conduct (“Code”), which establishes the minimum standards that must be met by any entity that supplies products or services to Smart Communications.
DEFINITIONS AND SCOPE
In this Code:
Supplier means a company, partnership or individual that provides goods or services to one or more members of the Smart Communications group of companies.
worker means any individual whom the Supplier employs, hires or engages, or otherwise uses to conduct its business.
Representative means the Supplier’s suppliers, vendors, agents, and subcontractors who are involved in Smart Communications ‘s supply chain.
WHO MUST COMPLY WITH THIS CODE
The Supplier shall comply with the Code and shall ensure that its workers are aware of this Code and comply with it.
The Supplier agrees that:
- It will comply with the requirements in this Code.
- It has appropriate systems in place to ensure continuous compliance and to demonstrate such compliance.
- Any breach of this Code will allow Smart Communications to terminate its relationship with the Supplier with immediate effect.
- It will keep their relationship with Smart Communications, including the existence of the agreement, confidential unless disclosure is expressly permitted in writing.
1. Compliance with Laws and Regulations and Priority of Standards
1.1 In carrying out its agreement(s) with Smart Communications, the Supplier shall, in addition to complying with the standards set out in this Code, comply with all applicable laws and regulations including but not limited to the laws and regulations relating to issues addressed in this Code.
1.2 Competing standards shall be addressed as follows:
- a) If there is a conflict between any applicable laws or regulations, the provisions of an agreement with Smart Communications and the provisions of this Code, the Supplier shall meet the most stringent standard.
- b) If there is a conflict between the provisions of an agreement with Smart Communications and the provisions of this Code, the Supplier shall meet the more stringent standard.
2. Updating this Code
Smart Communications has the right to modify this Code from time to time.
3. Workforce Issues
Smart Communications has the right to modify this Code from time to time.
3.1 Slavery, Human Trafficking and Child Labour. The Supplier shall comply with all applicable anti-slavery and human trafficking laws, statutes, regulations and codes from time to time in force including but not limited to the Modern Slavery Act 2015 in any part of its supply chain. This includes, but is not limited to, not supporting or engaging or requiring any forced labour, the use of child labour, bonded labour, indentured labour and prison labour.
3.2 Human Rights. The Supplier shall comply with all internationally recognised human rights understood, at a minimum, as those expressed in the International Bill of Human Rights and the principles concerning fundamental rights set out in the International Labour Organisation’s Declaration on Fundamental Principles and Rights at Work from time to time in force.
3.3 Equal Opportunities Smart Communications is an equal opportunities employer and Suppliers shall not discriminate in hiring, compensation, training, advancement or promotion, termination, retirement or any employment practice based on race, caste, colour, national origin, gender, gender identity, sexual orientation, religion, age, marital or pregnancy status, disability, union membership or political affiliation or any other characteristic other than the worker’s ability to perform the job subject to any accommodations required or permitted by law.
3.4 Freedom of Association and Collective Bargaining. The Supplier shall respect, and shall not interfere with, the right of workers to decide whether to lawfully associate with groups of their choice, including the right to form or join trade unions and to engage in collective bargaining.
3.5 Working Environment. The Supplier shall provide a safe, healthy, and sanitary working environment and comply with UK health and safety laws and any other relevant laws where it operates. This includes, but is not limited to, implementing general and relevant industry-specific procedures and safeguards to prevent workplace hazards and work-related accidents and injuries. Where such hazards cannot be adequately prevented or controlled, the Supplier shall provide workers with appropriate personal protective equipment to protect against hazards typically encoutered in that scope of work.
3.6 Wages and Remuneration.
- a) the minimum wage and benefits established by applicable law;
- b) collective agreements;
- c) industry standards; and
- d) an amount sufficient to cover basic living requirements.
3.7 Grievance Mechanism Supplier must have in place a process through which workers can raise workplace concerns without fear of retaliation. This mechanism should be transparent and understandable to workers and should ensure the protection of the whistle-blowers.
4. Data Protection and Information Security
4.1 The supplier shall comply with all data protection laws and requirements (including to the extent applicable: (a) General Data Protection Regulation ((EU) 2016/679) as it forms part of the EU’s General Data Protection Regulations (EU Regulation 2016/679) (“GDPR”); (b) any further applicable data protection laws or regulations such as (i) the UK’s Data Protection Act; (ii) the Federal Data Protection Act in Germany (BDSG); (iii) the Swiss Federal Act on Data Protection and the Swiss Ordinance to the Federal Act on Data Protection (together the “Swiss DPA”); (c) California Consumer Privacy Act (“CCPA”); (d) the CAN-SPAM Act; and (e) any laws or regulations ratifying, implementing, adopting, supplementing or replacing such legislation in each case to the extent in force and as updated, amended or replaced from time to time) when processing any personal data on Smart Communications behalf.
5. Environmental responsibility
5.1 The Supplier shall ensure that:
- a) protect the integrity and confidentiality of information (including information belonging to or supplied by Smart Communications) held on its systems (which include physical and online or electronic systems); and
- b) ensure that there is no unauthorized access of the information by third parties, including its Representatives.
- c) it will only use packaging materials that comply with all applicable environmental laws and treaties.
5.2 The Supplier shall have in place a suitable environmental management system for managing its environmental risks. As a minimum, the system should include and address the following:
- a) an assessment of the environmental impact of all historical, current and likely future operations;
- b) steps to continuously improve environmental performance, reduce pollution, emissions and waste;
- c) measures to reduce the use of all raw materials, energy and supplies; and
- d) raising awareness and training workers in environmental matters.
6. Bribery and corruption
6.1 The Supplier shall comply with all applicable laws, statutes, codes and regulations relating to the prevention of bribery and corruption (including but not limited to the Bribery Act 2010 and U.S. Foreign Corrupt Practices Act (“FCPA”)). To that end, the Supplier shall not accept, offer, promise, pay, permit or authorise:
- a) bribes, facilitation payments, kickbacks or illegal political contributions;protect the integrity and confidentiality of information (including information belonging to or supplied by Smart Communications) held on its systems (which include physical and online or electronic systems);
- b) goods, services, entertainment, employment, contracts or other things of value, in order to obtain or retain improper advantage; and
- c) any other unlawful or improper payments or benefits.
7. Unfair business practices
The supplier shall comply with all applicable competition laws (including but not limited to the Competition Act 1998), including but not limited to those relating to teaming and information sharing with competitors, price fixing and rigging bids.
8. Conflicts of interest
Supplier must disclose all actual or potential conflicts of interest (e.g. personal relations of supplier management or representative to Smart Communications management or involved personal, participation or economic relations between supplier and Smart Communications management).
9. Procuring and managing representatives
9.1 When assessing the Supplier’s performance against the requirements set out in this paragraph, Smart Communications shall have due regard to the risk profile of the transaction, the Supplier’s ability to comply with the requirements and the consequences where the Supplier fails to meet those requirements.
9.2 With regard to prospective Representatives, the Supplier shall carry out appropriate due diligence on prospective Representatives that will form part of Smart Communications’ upstream supply chain. At a minimum, the due diligence must include the following:
- Investigations into prospective Representatives’ stance, public statements and actions on human rights, treatment of workers, bribery, ethical behaviour and environmental outlook;
- risk assessments for countries from which materials, components or finished goods are sourced; and
- the prospective Representative’s ability to meet the requirements and principles that are covered in this Code.
9.3 In its dealings with Representatives, the Supplier shall:
- a) ensure that agreements with Representatives include provisions that require the Representatives to comply with applicable provisions of this Code, having due regard to the risk profile of the transaction, the Representative’s ability to comply with those provisions and the consequences where the Representative fails to meet those requirements;
- b) ensure that it has measures to monitor that those Representatives are complying with those compliance-related provisions and that it has systems in place to address any deficiencies or breaches of those requirements; and
- c) pay its Representatives promptly, with the maximum payment period being 30 days from the date of invoice.
10.1 The Supplier shall implement a system of training for its workers to ensure that they are aware of the requirements of this Code.
10.2 The Supplier shall keep a record of all training offered and completed by its workers and shall make a copy of such record available to Smart Communications on request.
11. Anti-tax Evasion and Anti-facilitation of Tax Evasion
11.1 Smart Communciations will not tolerate unlawful tax evasion or the facilitation of unlawful tax evasion. Supplier must not directly or indirectly engage in or facilitate the engagement of others in the deliberate and fraudulent diversion of funds from a tax authority.
12. Certifying Compliance and Audit
12.1 The Supplier shall provide written confirmation to Smart Communications at least once per year that:
- a) it has appropriate systems in place to monitor its compliance with this Code; and
- b) it is able to comply with this Code for the duration of its relationship with Smart Communications.
12.2 Smart Communications may conduct audits and inspections to verify the Supplier’s compliance with this Code. Smart Communications has no obligation to conduct such audits or inspections.
13. Self-monitoring and Reporting Breaches
13.1 The Supplier shall monitor its compliance with the Code and shall report any breaches (actual or suspected) of this Code as soon as possible to: [email protected]
13.2 The Supplier shall not retaliate or take disciplinary action against any worker that has, in good faith, reported breaches of this Code or questionable behaviour, or who has sought advice regarding this Code.
14. Breach, Remediation and Termination
14.1 Where Smart Communications becomes aware of a breach of this Code by the Supplier or its workers, Smart Communications may either:
- a) immediately terminate its business relationship with the Supplier (including any contracts); or
- b) require the Supplier to produce a remediation plan specifying the actions that the Supplier will take that will lead to compliance with the Code, and present it to Smart Communications within 10 days of being requested to do so. If the Supplier fails to produce the remediation plan within this timeframe or fails to implement it within a reasonable time, Smart Communications may immediately terminate its business relationship with the Supplier (including any contracts).
14.2 Where Smart Communications becomes aware that a Representative has been involved in an incident (or incidents) that would constitute a breach of any of the requirements under this Code, were they bound directly by it, Smart Communications may either:
- a) terminate its business relationship with the Supplier (including any contracts); or
- b) require the Supplier to remedy that incident (or incidents) with that Representative. If the Supplier is not able to remedy such incident with that Representative within a reasonable time, Smart Communications may immediately terminate its business relationship with the Supplier (including any contracts).