Gifts, Presents and Hospitality for third parties
1. Introduction and Objectives
This document’s purpose is to establish the standards of conduct expected from ebankers and third parties regarding offering and accepting gifts, presents and hospitality.
Gifts, presents and hospitality must only be offered or accepted when it does not influence or seem to influence our decisions or the decisions of those with whom we have business relations.
It is unacceptable that trading gifts, presents and hospitality generates or seems to generate advantages in business relations and/or illegal actions.
2. Terms and Definitions
Gifts: institutional and promotional items, carrying an advertising message, distributed by any kind of legal entity as courtesy, advertisement or on occasion of events or commemorative dates. Must not be personal, meaning it must be offered to a group of people.
Presents: valuable items, offered to selected recipients by any kind of legal entity, as an expression of appreciation or goodwill. They may be personalized with the recipient’s name.
Hospitality: vacations, cruises, tickets, accommodation, meals, shuttle service and other services, related to entertainment or not, that aim to promote and/or demonstrate products or services. If the purpose of the services offered is only tourism, they are considered as presents.
3. Scope and Users
This document applies to all EBANX ebankers and business partners, all EBANX products and companies, in all locations where EBANX is located, and which are performing professional activities, whether in the country where they are located registered or abroad, including:
- Partners and shareholders
- Officers and Board of Directors
- Temporary employees
- People and companies with business relations with EBANX must also respect this Policy.
5.1 What Must be Done
a) Abide by local and foreign legislation regarding anti-bribery and corruption;
b) Only offering or accepting gifts, presents and hospitality if the item and its value are in accordance with the business rationale of the partnership, considering:
Intention: the real purpose of offering/accepting the item; the underlying intention must be to reflect good working relations;Timing: the moment the item is being offered; is it being offered simply to mark the Holidays period or is it being offered to persons with decision making power during a tender or procurement process?Proportionality to the level of the recipient: there must be the same relation between the item offered and the job held by the recipient; the duties of senior staff may require them to attend or sponsor events where gifts, presents or hospitality are more generous. What may seem minor to a senior manager could be significantly more valuable to a junior employee, for example.Recurrence: Offering and receiving gifts, presents and hospitalities in a sporadic manner. For the purposes of this standard, the offer or receipt of gifts, presents and hospitalities is considered sporadic, with a maximum frequency of one (1) time per year, within the same business relationship;
c) Refusing gifts, presents and hospitality if the item and its value are not in accordance with the business rationale of the partnership.
d) When an ebanker offers gifts, gifts and hospitality to third parties, they must always respect the Code of Conduct, the policies and internal rules of the recipient's organization;
e) When a third party offers gifts, gifts and hospitality to an ebanker, they must always respect the EBANX Code of Conduct, Policies and rules.
5.2 What Can’t be Done
a) Offering or accepting:
Any amount in cash money;Any item disguised as a service or other kind of advantage;Any item with the purpose of influence or seem to influence our decisions or the decisions of those with whom we have business relations, or aiming to generate or seem to generate illegal advantages;
b) Offering or accepting gifts, presents and hospitality if the item and its value are not in accordance with the business rationale of the partnership;
c) Accepting any item that could potentially represent a conflict of interest;
d) Exchanging gifts, presents and hospitalities with public agents, in any situation;
e) Concealing the offering or the acceptance of gifts, presents and hospitalities;
f) Offering or accepting entertainment that may be embarrassing for third parties, ebankers or EBANX, such as those sexual related;
g) Accepting personal advantages, being them financial or not.
5.3 Reporting Requirements
In general, if there is a violation of this Standard or even discomfort about any offer of a gift, presents or hospitality, the situation should be reported through the EBANX Helpline. EBANX is bound by its commitment to regulatory principles not to engage in any conduct that is or appears to be improper.
5.4 EBANX Helpline
Violations of this Standard, as well as the occurrence of illegal or irregular conduct or other issues that may cause losses to EBANX, must be reported by ebankers or third parties, through the EBANX Helpline.
Phone: 0800 512 5577
EBANX guarantees the confidentiality and security of the Channel, so that it can be used anonymously or not, without suffering any kind of retaliation. This is also the channel for suggesting improvements to the Compliance Program and questions about this Program and its documents. The service is available in English, Portuguese and Spanish for online channels and exclusively in Portuguese for the telephone.
6. Normative References
COD-GR&C-001 – Code of Conduct;
POL0020396 – Anti-Bribery and Anti-Corruption Policy.