1. What is the Anti-bribery and anti-corruption code of conduct for?

1.1 This Anti-bribery and anti-corruption code of conduct is here to state that Alva Commerce takes a zero-tolerance approach to bribery and corruption and is committed to acting professionally, fairly and with integrity in all our business dealings and relationships.

1.2 It also exists to act as a source of guidance for those working for Alva Commerce. It ensures them to conduct all of the business in an honest and ethical manner as well as  recognize and deal with bribery and corruption issues, properly understanding their responsibilities.

2. General statement

2.1 Alva Commerce does not participate in any form or bribery or corruption. We prohibit bribery and corruption at all times and in any form, whether direct or indirect, including through agents, partners and other intermediaries.

2.2 It is our policy to comply with all laws, rules and regulations governing bribery and corruption in all the countries in which we do business.

2.3 Any employee who breaches this Anti-bribery and anti-corruption code of conduct will face disciplinary action, which could result in dismissal for gross misconduct. Any non-employee who breaches this Anti-bribery and anti-corruption code of conduct may have their contract terminated with immediate effect.

3. Who is covered by the Anti-bribery and anti-corruption code of conduct?

This document applies to all persons working for us or on our behalf in any capacity, including employees (whether temporary, fixed-term, or permanent), consultants, contractors, trainees, seconded staff, home workers, casual workers, agency staff, volunteers, interns, agents, sponsors, all third parties, or any of our subsidiaries or their employees, no matter where they are located. It also applies to Officers, Trustees, Board, and/or Committee members at any level.

4. What is bribery?

4.1 Bribe means a financial or other inducement or reward for action which is illegal, unethical, a breach of trust or improper in any way. Bribes can take the form of money, gifts, loans, fees, hospitality, services, discounts, the award of a contract or any other advantage or benefit.

4.2 Bribery refers to the act of offering, giving, promising, asking, agreeing, receiving, accepting, or soliciting something of value or of an advantage so to induce or influence an action or decision.

4.3 Bribery is not limited to the act of offering a bribe. If an individual is on the receiving end of a bribe and they accept it, they are also breaking the law.

4.4 Bribery is illegal. Employees must not engage in any form of bribery, specifically they must not give or offer any payment, gift, hospitality or other benefit in the expectation that a business advantage will be received in return, or to reward any business received; give or offer any payment (sometimes called a facilitation payment) to a government official in any country to facilitate or speed up a routine or necessary procedure; accept any offer from a third party that you know or suspect is made with the expectation that we will provide a business advantage for them or anyone else.

4.5 All forms of bribery are strictly prohibited. If any of the sides, named in paragraph 3, are unsure about whether a particular act constitutes bribery, they must seek further advice from the company’s compliance manager.

5. Facilitation payments. Political contributions. Gifts and hospitality. Charitable contributions

5.1 Facilitation Payments and Kickbacks

Facilitation payments are a form of bribery that involves expediting or facilitating the performance of a public official for a routine governmental action. They tend to be made by low level officials with the intention of securing or speeding up the performance of a certain duty or action.

5.1.1 A kickback is a particular form of bribe which takes place when a person entrusted by an employer or public function has some responsibility for the granting of a benefit and does so in a way that secures a return (kickback) of some of the value of that transaction or benefit for that person without the knowledge or authorization of the employer or public body to which the person is accountable. Kickbacks are typically made in exchange for a business favor or advantage.

5.1.2 Alva Commerce does not accept and will not make any form of facilitation payments or kickbacks of any nature.

5.2 Political Contributions

Alva Commerce will not make donations to support any political parties or candidates. We recognize this may be perceived as an attempt to gain an improper business advantage.

5.3 Gifts and hospitality

This Anti-bribery and anti-corruption code of conduct does not prohibit the giving or accepting of reasonable and appropriate hospitality for legitimate purposes such as building relationships, maintaining our image or reputation, or marketing our products and services.

5.3.1 Alva Commerce accepts normal and appropriate gestures of hospitality and goodwill (whether given to/received from third parties) so long as the giving or receiving of gifts is not considering as unduly lavish or extravagant, or could be seen as an inducement or reward for any preferential treatment (for example, during contractual negotiations or a tender process).

5.3.2 Gifts must be of an appropriate type and value depending on the circumstances and taking account of the reason for the gift. Gifts must not include cash or cash equivalent (such as vouchers), or be given in secret. They also must not be above a certain excessive value, as pre-determined by the company’s compliance manager (usually in excess of $150).

5.3.3 As good practice, gifts given and received should always be disclosed to the compliance manager. Gifts from suppliers should always be disclosed.

5.4 Charitable Contributions

Alva Commerce accepts and encourages the act of donating to charities – whether through services, knowledge, time, or direct financial contributions (cash or otherwise) – and agrees to disclose all charitable contributions it makes.

5.4.1 Employees must be careful to ensure that charitable contributions are not used to facilitate and conceal acts of bribery.

5.4.2 We will ensure that all charitable donations made are legal and ethical under local laws and practices, and that donations are not offered/made without the approval of the compliance manager.

6. Record keeping

Alva Commerce will keep detailed and accurate financial records and will have appropriate internal controls in place to act as evidence for all payments made. We will declare and keep a written record of the amount and reason for hospitality or gifts accepted and given and understand that gifts and acts of hospitality are subject to managerial review.

7. Raising a concern

7.1 How to raise a concern

If you suspect that there is an instance of bribery or corrupt activities occurring in relation to Alva Commerce or if you are offered a bribe, or are asked to make one, you must notify your manager.

7.2 Alva Commerce will familiarize all employees with its whistleblowing procedures, so employees can vocalize their concerns swiftly and confidentially. Alva Commerce will support anyone who raises concerns in good faith under this policy, even if investigation finds that they were mistaken.

7.3 Alva Commerce will ensure that no one suffers any detrimental treatment as a result of refusing to accept or offer a bribe or other corrupt activities or because they reported a concern relating to potential act(s) of bribery or corruption.

8. Monitoring

8.1 Alva Commerce’ compliance manager is responsible for monitoring the effectiveness of this policy and will review the implementation of it on a regular basis.

8.2 Internal control systems and procedures designed to prevent bribery and corruption are subject to regular audits to ensure that they are effective in practice.

8.3 This Anti-bribery and anti-corruption code of conduct does not form part of an employee’s contract of employment and Alva Commerce may amend it at any time so to improve its effectiveness at combating bribery and corruption.