1. The basis: Compliance with laws and conventions
Capfruit respects all applicable laws and expects the same from its employees and business partners ("Suppliers"). This shall apply irrespective of whether these concern domestic, foreign or supranational laws, ordinances, conventions or other regulations (hereinafter "Laws") and whether this concerns laws relating to health, safety, the environment, competition, customs duties or individual or collective labor laws, etc.
According to the Laws it is also strictly forbidden to induce third parties to conduct unlawful acts or to assist in such acts.
2. Separation of private and company interests
The employees of Capfruit have the duty to make business decisions in the best interests of Capfruit and without being influenced by any personal interest in such decisions. Similarly, suppliers may not act in any way that may affect or bring undue influence to bear on an employee of Capfruit or any person closely associated with him.
In any decision concerning a business relationship between Capfruit and its suppliers, only objective criteria will be taken into account. Suppliers will be selected on the basis of appropriate, objective criteria including, but not limited to: price, quality, the existence of quality management procedures, reliability, technological standards and product suitability as well as the existence of a long-lasting and conflict-free business relationship. In no way may personal relationships or interests have an influence on the conclusion of a contract. The supplier must disclose existing and possible conflicts of interest in writing.
3. Non violation of anti-corruption laws
In line with international conventions for combatting the corruption of public officials and government employees involved in business transactions, strict regulations apply worldwide so that corruption committed overseas (offering and acceptance bribes in whatever form) is also punishable according to domestic law. The Supplier must accordingly remain vigilant regarding this matter.
The Supplier must also be aware that Capfruit employees may neither request, nor accept unjustified personal benefits from Suppliers in connection with their business activity and that the Supplier may not offer any such inducements. The only types of ‘gift’ considered acceptable and falling within a reasonable framework in compliance with the applicable recording obligations according to the anti-corruption laws are: low-value advertising gifts for business use and invitations (e.g. to meals) extended for the purposes of business and that may not be considered as intended to influence business decisions in a dishonest manner.
4. Protection of business confidentiality
Suppliers receive confidential information from Capfruit for negotiations, offers and for the subsequent execution of a contract. Suppliers are therefore obliged to maintain confidentiality concerning all business and trade secrets of Capfruit as well as any other internal confidential matters concerning Capfruit. Deemed as confidential are both any information, marked as such, as well as any information that may be assumed to be unknown to the general public and should not be disclosed either because this could be beneficial to competitors or detrimental to Capfruit or its business partners. The non-disclosure obligation shall exist both during a contractual relationship as well as after its termination.
The Supplier is obliged to protect confidential information from unauthorized inspection by third parties. The Supplier must ensure that confidential information is forwarded to an employee, only when this is absolutely necessary for the fulfillment of their task and that the employee is similarly instructed as to maintaining the confidentiality of the information imparted to him.
5. Social responsibility
Capfruit demands that its Suppliers respect internationally recognized human rights and comply with any applicable laws in this domain. This includes, but is not limited to, prohibition of the Supplier using any form of forced labor, corporal punishment or child labor within the meaning of the conventions of the ILO [International Labor Organization] or the applicable national laws and that the Supplier shall not use any unlawful discrimination against his employees and shall comply with any laws governing working hours. The Supplier must work towards ensuring that these standards as complied with both for himself and for any sub-contractors.
Capfruit endeavors to handle environmental resources in a gentle manner as far as possible, to avoid dangers for people and the environment and to continuously improve all methods and processes with the aim of further reducing environmental pollution. Capfruit also expects this from its Suppliers.
7. Indications of violations
If a Supplier receives indications of breaches of this Code of Conduct by own acts, those of its employees, competitors or employees of Capfruit, then Capfruit expects to be notified of this breach immediately. The Supplier may report this breach either to its contact at Capfruit, its superiors or the Compliance Officer (firstname.lastname@example.org). If the Supplier assumes that it will be penalized for such notification then it can request an initially confidential examination of the possible breach with its report to the Compliance Officer.