Seagull Software, LLC Code of Conduct
INTRODUCTION
Seagull Software, LLC and its affiliates (collectively “Seagull” or the Company”) are committed to ecologically and socially responsible corporate governance. We expect the same behavior from all our partners and suppliers. We also expect our team members (defined as employees and independent contractors, in accordance with applicable law) to observe the principles of ecological, social and ethical behavior and to integrate them into the corporate culture. We also strive to continuously optimize our business activities and our products and services in terms of sustainability and ask our suppliers to contribute to this in the sense of a holistic approach.
Doing business with Seagull means you agree to the validity of the following regulations for a joint Code of Conduct (the “CoC”). This CoC is included in the basis for all goods and services as government by legal agreements between us. You and Seagull undertake to comply with the principles and requirements of the CoC and to endeavor to contractually oblige their subcontractors to comply with the standards and regulations set out in this CoC. This CoC comes into force upon your first business activity with Seagull. A breach of this CoC may be reason and cause for the termination of business relationship, including all associated supply contracts.
The CoC is based on national laws and regulations as well as international conventions such as the United Nations Universal Declaration of Human Rights, the Guidelines on the Rights of the Child and Business Conduct, the United Nations Guiding Principles on Business and Human Rights and the International Labor Standards of the International Labor Organization
REQUIREMENT FOR SEAGULL AND ITS SUPPLIERS
SOCIAL RESPONSIBILITY
EXCLUSION OF FORCED LABOR
No forced labor, slave labor or comparable work may be used. All work must be voluntary and team members must be able to leave work or the relationship at any time. Furthermore, there must be no unacceptable treatment of team members, such as psychological hardship, sexual and personal harassment.
PROHIBITION OF CHILD LABOR
Child labor may not be used at any stage of production. Suppliers are requested to comply with the recommendation from the ILO conventions on the minimum age for the employment of children. Accordingly, the age should not be less than the age at which compulsory education ends and, in any case, not less than 15 years. If children are found at work, the supplier must document the measures to be taken to remedy the situation and enable the children to attend school. The rights of young team members must be protected and special protective regulations must be observed.
FAIR SALARY
The remuneration for regular working hours and overtime must correspond to the national statutory minimum wage or the minimum standards customary in the industry, whichever is higher. The remuneration for overtime must in any case be higher than the remuneration for regular working hours. If the remuneration is not sufficient to cover the costs of normal living expenses and to build up a minimum level of reserves, the supplier is obliged to increase the remuneration accordingly. Team members must be granted all legally prescribed benefits. Deductions from wages as a sanction are not permitted. The Supplier shall ensure that team members receive clear, detailed and regular written information on the composition of their remuneration.
FAIR WORKING HOURS
Working hours must comply with applicable laws or industry standards. Overtime is only permitted if it is voluntary and does not exceed 12 hours per week, or the amount allowed by applicable law, while team members must be granted at least one day off after six consecutive working days. The weekly working time may not regularly exceed 48 hours, or the amount allowed by applicable law.
FREEDOM OF ASSICIATION
The right of team members to form and join organizations of their choice and to bargain collectively must be respected. In cases where freedom of association and the right to collective bargaining are restricted by law, alternative possibilities for independent and free association of team members for the purpose of collective bargaining must be provided. Team member representatives must be protected from discrimination. They must be granted free access to the workplaces of their colleagues in order to ensure that they can exercise their rights in a lawful and peaceful manner.
PROHIBITION OF DISCRIMINATION
Discrimination against team members in any form is not permitted. This applies, for example, to discrimination based on gender, race, caste, skin color, disability, political conviction, origin, religion, age, pregnancy or sexual orientation. The personal dignity, privacy and personal rights of each individual are respected.
HEALTH PROTECTION; SAFETY AT THE WORK
The supplier is responsible for a safe and healthy working environment. By setting up and applying appropriate occupational safety systems, necessary precautionary measures are taken against accidents and damage to health that may arise in connection with the activity. In addition, team members are regularly informed and trained about applicable health and safety standards and measures. Team members are given access to sufficient quantities of drinking water and access to clean sanitary facilities.
COMPLAINT MECHANISMS
The supplier shall be responsible for establishing an effective grievance mechanism at company level for individuals and communities that may be affected by adverse impacts.
DEALING WITH CONFLICT MINERALS
For the conflict minerals tin, tungsten, tantalum and gold, as well as for other raw materials such as cobalt, the company establishes processes in accordance with the Organization for Economic Cooperation and Development (OECD) Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas and expects its suppliers to do the same. Smelters and refineries without appropriate, audited due diligence processes should be avoided.
ECOLOGICAL RESPONSIBILITY
TREATMENT AND DISCHARGE OF INDUSTRIAL WASTEWATER
Wastewater from operational procedures, production processes and sanitary facilities must be typified, monitored, checked and, if necessary, treated before discharge or disposal. In addition, measures should be introduced to reduce the generation of wastewater.
DEALING WITH AIR EMISSIONS
General emissions from operations (air and noise emissions) and greenhouse gas emissions shall be typified prior to release, routinely monitored, inspected and treated as necessary. The supplier is also responsible for monitoring its emission control systems and is required to find cost-effective solutions to minimize any emissions.
HANDLING OF WASTE AND HAZARDOUS SUBSTANCES
The supplier shall follow a systematic approach to identify, handle, reduce and responsibly dispose of or recycle solid waste. Chemicals or other materials that pose a risk if released into the environment shall be identified and handled in a manner that ensures safety during handling, transportation, storage, use, recycling or reuse and disposal.
REDUCE CONSUMPTION OF RAW MATERIALS AND NATURAL RESOURCES
The use and consumption of resources during production and the generation of all types of waste, including water and energy, must be reduced or avoided. This is done either directly at the point of origin or through procedures and measures, e.g. by changing production and maintenance processes or procedures within the company, by using alternative materials, by making savings, by recycling or by reusing materials.
DEALING WITH ENERGY CONSUMPTION/EFFICIENCY
Energy consumption must be monitored and documented. Economic solutions must be found to improve energy efficiency and minimize energy consumption.
ETHICAL BUSINESS CONDUCT
FAIR COMPETITION
The standards of fair business, fair advertising and fair competition must be observed. In addition, the applicable antitrust laws must be applied, which prohibit agreements and other activities that influence prices or conditions when dealing with competitors.
These regulations also prohibit agreements between customers and suppliers that are intended to restrict customers in their freedom to determine their own prices and other conditions for resale.
CONFIDENTIALITY / DATA PROTECTION
The supplier undertakes to meet the reasonable expectations of its client, suppliers, customers, consumers, and employees with regard to the protection of private information. The Supplier shall comply with data protection and information security laws and governmental regulations when collecting, storing, processing, transmitting, and disclosing personal information.
INTELLECTUAL PROPERTY
Intellectual property rights must be respected; technology and know-how must be transferred in such a way that intellectual property rights and customer information are protected.
INTEGRITY / BRIBERY, TAKING ADVANTAGE
The highest standards of integrity must be applied to all business activities. The Supplier shall have a zero-tolerance policy against all forms of bribery, corruption, extortion and embezzlement. Procedures for monitoring and enforcing standards shall be implemented to ensure compliance with anti-corruption laws.
IMPLEMENTATION OF THE REQUIREMENTS
With regard to supply chains, we expect our suppliers to identify risks within them and to take appropriate measures. In the event of suspected violations and to safeguard supply chains with increased risks, the supplier will inform the Company promptly and, if necessary, regularly about the violations and risks identified and the measures taken.
The companies check compliance with the standards and regulations listed in this document by means of surveys and self-assessments. The supplier may object to individual audit measures if these would violate mandatory data protection regulations.
If a breach of the provisions of this CoCis established, the Supplier of this in writing within one month and set it a reasonable grace period to bring its conduct into line with these provisions. If such a breach is culpable and makes it unreasonable for the Supplier to continue the contract until its ordinary termination, the Supplier may terminate the contract after the fruitless expiry of the grace period set if it has threatened to do so when setting the grace period. A statutory right to extraordinary termination without setting a grace period remains unaffected, as does the right to compensation for damages.
