POLITICS
ANTI-CORRUPTION
SUMMARY
1. INTRODUCTION
2. CONCEPTS
3. OBJECTIVES
4. SCOPE
5. GUIDELINES
5.1. The company's relationship with public authorities
5.2. Corrupt practices
5.3. Undue advantages and benefits
5.4. Donations
5.5. Gifts, presents and entertainment
5.6. Records
5.7. Fraud and embezzlement
5.8. Collaboration with the authorities
6. VIOLATIONS
7. FINAL PROVISIONS
Webpeak ("Company") is committed to the highest ethical standards and demands the same of its customers, employees and partners.
In the meantime, the Anti-Corruption Policy ("Policy") establishes general guidelines to prevent and combat corruption, regardless of whether it is public or private, within the scope of the Company's operations.
Relationships with public and private agents must always be based on ethics, transparency and professionalism, and conducted in compliance with applicable laws, this policy and Webpeak's other guidelines.
Public Administration: government bodies and entities, including companies and entities under its control or created by it.
Public Agent: an individual who, by election, appointment, designation, contract or any other form of investiture or bond, holds office, position, employment or function in a legal entity that is part of the Public Administration.
Harmful acts: acts harmful to the administration are all those practiced by legal entities that violate national or foreign public assets, public administration principles or international commitments made by Brazil, according to art. 5 of the Anti-Corruption Law.
Petty cash: financial resources not accounted for and not declared to the competent supervisory bodies.
Employees: anyone who works for the company, including, but not limited to, permanent employees, civil servants, volunteers, outsourced workers and trainees.
Compliance: conforming to and guaranteeing compliance with the legislation to which the parties involved are subject, respecting the rules of regulatory bodies.
Conflict of interest: a situation generated by the clash between public and private interests, which may compromise the collective interest or improperly influence the performance of the public function and of this Company.
Corruption: the act or effect of offering, suggesting, promising, requesting, demanding or accepting undue advantages, financial or otherwise - such as bribes, kickbacks, favors, etc. - in order to obtain an undue advantage for oneself or others.
Fraud: an intentional, unlawful act in bad faith, with the intention of harming or deceiving others, or failing to fulfill a certain duty, with the aim of obtaining advantages for oneself or for third parties, through omission, manipulation, abuse of power and untruths, such as, but not limited to, falsifying documents, tampering with results and misuse of resources.
Money laundering: concealing or disguising the nature, origin, location, disposition, movement or ownership of assets, rights or values derived, directly or indirectly, from a criminal offense, according to art. 1 of Law 9.613/1998.
Anti-corruption law: the name given to Law No. 12,846/2013, which provides for the administrative and civil liability of legal entities for acts against the public administration, whether national or foreign.
Facilitation payment: payments made to a public or private agent to encourage, expedite or guarantee the fulfillment of an existing duty or obligation.
Public Assets: set of assets and rights, measurable in money, that belong to the Union, a State, a Municipality, an autarchy or a public company.
Sponsorship: transfer of financial resources to entities, whether for-profit or not, to carry out projects or events for commercial, technical and/or promotional purposes.
Public Authorities: bodies and entities of the Executive, Legislative and Judicial branches, at federal, state or municipal level, autarchies, national or foreign public companies, including their subsidiaries or controlled companies, and private companies that provide public services by concession, authorization or permission, as well as international public organizations and political parties.
Integrity program: consists, within the scope of the legal entity, of a set of internal mechanisms and procedures for integrity, auditing and encouraging the reporting of irregularities and the effective application of codes of ethics and conduct, policies and guidelines with the aim of detecting and remedying deviations, fraud, irregularities and illegal acts committed against the public administration and this Institution.
Third parties: any group external to the institution, with no employment or statutory ties, such as suppliers of products or services, as well as business partners such as, but not limited to, consultants and external auditors.
Influence peddling: the use of a third party to influence an employee's decision or action in the performance of their duties.
Undue advantage: any benefit, even if not economic, such as gifts, presents, travel, meals, accommodation and work opportunities with the aim of obtaining undue benefits or privileges.
The purpose of this document is to establish guidelines, standards and procedures to guide Webpeak's clients, employees and partners in their dealings with public or private entities, with a view to preventing illicit activity, in line with the best corporate governance practices.
This Policy applies to all Webpeak customers, employees and partners, all in an impartial and unbiased manner and within the Company's commitment to work with ethics and integrity in accordance with current laws, especially the Anti-Corruption Law (Law No. 12.846/2013), regulated by Decree No. 8.420/201, the Bidding Law (Law No. 8.666/1993) and/or any other applicable legislation.
Webpeak must also include and keep in force in its contracts, whether signed with public bodies or private companies, the respective anti-corruption clause.
The purpose of this Policy is to establish guidelines to guide clients, employees and partners on how commercial and/or institutional relationships with public or private agents should be conducted.
Webpeak's stance in its relationship with the public authorities is one of integrity and transparency, and it is forbidden to carry out harmful acts (art. 5 of Law 12.846/2013) against the Public Administration that may cause damage to public assets.
Webpeak employees and partners are prohibited from carrying out certain acts, such as:
The Company's partners must maintain negotiations at the highest level of integrity and transparency.
All those involved in Webpeak will act so that the business meets the criteria of free competition and, to this end, must avoid any conduct that constitutes or may constitute an abuse or unlawful restriction of competition.
In this regard, the Company's clients, employees and partners are strictly prohibited from requesting or accepting an undue payment intended to induce or reward an unlawful act or decision and which may unduly influence business decision-making. They must not, therefore, accept monetary amounts or any other type of compensation, including courtesies, exchange of services, information or advantages inconsistent with applicable law, discounts on any products or services, or other goods, services or benefits offered to improperly gain or reward the provision of an advantage, information or benefit that compromises the legitimate and transparent business relationship.
Any employee or partner who commits any act detrimental to public or company assets will be subject to the application of the appropriate disciplinary measures, as well as the other sanctions provided for by law.
Clients, employees and partners are prohibited from promising, offering or giving any advantage or benefit to a public or private agent and/or to third parties related to them in return, nor from asking for, soliciting, receiving or accepting bribes, kickbacks, using influence peddling to interfere in the decision of a public or private agent in the performance of their duties, as well as any other type of advantage or benefit, pecuniary or otherwise, regardless of value.
The receipt of any kind of donation by the company must be carried out in accordance with the applicable legislation and with the highest level of transparency and integrity. To this end, every donation must be recorded in a specific document which must be submitted for deliberation by the board of directors.
Clients, employees and partners may not offer any kind of facilitation or compensation on behalf of the company in return for a donation, whether made by legal entities, individuals or public entities of any kind. If they fail to comply with this rule, they will be subject to disciplinary measures without prejudice to civil and criminal sanctions, as provided for in the applicable legislation.
Webpeak can make donations to public or private non-profit institutions, provided they meet the highest standards of transparency and legality and are previously authorized by the board.
Clients, employees and partners are prohibited from requesting, accepting or offering gifts worth more than R$ 100.00 (one hundred reais), as well as paying for hospitality such as entertainment, meals, travel, among others, in addition to contributions in kind and/or services, business opportunities, employment or investment, free or discounted services or the purchase of goods, commercial discounts on products or services, donations, sponsorships or other investments, contributions to political parties, candidates and/or their teams, assistance or support for family and friends and other personal or professional benefits or advantages.
Any gifts donated to Webpeak must be raffled off among employees.
No client, employee or partner shall engage in the falsification of any accounting record or the mischaracterization of any information recorded in accounting books and records and other administrative documents, or intentionally distort or conceal the true nature of a transaction in any business or accounting record, including by omitting relevant information, making an inaccurate representation of a transaction.
It is forbidden to keep any funds or assets not recorded in the financial statements for any purpose.
Webpeak's customers, employees and partners must not engage in fraudulent activities such as active and passive corruption, forgery, theft, money laundering, embezzlement, improper payments and receipts, which are crimes against the Public Administration.
Any type of fraud committed will result in the application of administrative penalties and referral to the competent authorities.
If they become aware of the unlawful act, the administration must be notified promptly.
In the event of questioning by any authority, the Company's management will act proactively, always collaborating and seeking to clarify the facts, respecting the limits of the law.
In their dealings with the Public Administration, collaborators are forbidden, through corruption or any other form of undue influence or interference, to obstruct any inspection activities, whether by concealing, segregating or manipulating information.
All Webpeak employees must be alert to any signs of possible corruption and/or fraud and have a duty to bring suspected cases or specific facts to the attention of management.
The Company's management will act as a compliance committee, responsible for identifying, controlling and defining strategies and actions to mitigate the risks to which the Institute may be exposed for failing to comply with the laws, regulations and internal guidelines of this Anti-Corruption Policy.
Wrongdoings and omissions will be investigated and, depending on the outcome, the necessary measures will be taken by the administration.
Incidents of suspected violations of the law or this Policy will be investigated immediately and appropriately. If, following the investigation, it is found that conduct has taken place which violates the rules of law or this Policy, immediate and exemplary corrective measures will be adopted, always in accordance with the circumstances, seriousness and applicable law.
All clients, employees and partners will be subject to disciplinary sanctions, proportionate to the seriousness of the transgression, without prejudice to the legal measures applicable in the administrative, civil and criminal spheres.
Webpeak reserves the right to notify the police and inspection bodies in order to hold the server accountable and compensate for any damage that may be caused to public property.
Employees, within the scope of their respective activities and spheres of competence, have roles and responsibilities under the terms of this Policy.
The application of this Anti-Corruption Policy is the responsibility of all clients, employees and partners related to Webpeak and must be observed in all professional relationships.
Customers, employees and partners should be aware of any situations that go against or fail to comply with the guidelines of this Policy and report them to the company's management.
The prohibitions described in this Anti-Corruption Policy apply to relationships with public or private agents or related third parties.
Specific situations not covered in this policy should be analyzed by management.
No employee or third party may retaliate against anyone who, in good faith, (i) reports indications, suspicions or evidence of legal violations or violations of this policy; and (ii) provides information or assistance in the investigation of such possible violations.
Webpeak relies on the active participation of its customers, employees, partners and any third parties to achieve a more ethical and fair environment.
No employee or partner of the Company will be penalized or retaliated against as a result of loss of business resulting from their refusal to actively or passively commit acts of fraud or corruption.
This Policy shall come into force after its approval and subsequent publication on the Webpeak website , and shall be available for consultation by any interested party.
