Anti-Bribery and Anti-Corruption Policy

1.0 Anti-Bribery and Anti-Corruption Policy Statement

1.1 At PLANERGY we believe in open and fair competition. It is our policy to conduct all of our business in an honest and ethical manner with integrity and fairness. We take a zero-tolerance approach to bribery and corruption. Conduct of this type is prohibited whether committed by employees or anyone else acting on behalf of PLANERGY.

1.2 The purpose of this policy is to:

  1. set out the responsibilities of PLANERGY and those working for or on behalf of the company in observing and upholding our position on bribery and corruption; and
  2. provide information and guidance to those working for PLANERGY on how to recognise and respond to cases of bribery and corruption.

2.0 Who Must Comply with This Policy?

2.1 This policy applies to all persons working for PLANERGY or on our behalf in any capacity, including employees at all levels, directors, officers, agency workers, seconded workers, volunteers, interns, agents, contractors, external consultants, third-party representatives and business partners.

2.2 This policy does not form part of any employee’s contract of employment and we may amend it at any time. It is reviewed regularly.

3.0 What Is Bribery?

3.1 “Bribe” means an inducement or reward offered, promised, or provided in order to gain any commercial, contractual, regulatory, or personal advantage; whether received intentionally or unintentionally. Bribes can take the form of money, gifts, loans, fees, hospitality, services, discounts, the award of a contract, or any other advantage or benefit.

3.2 “Bribery” includes offering, promising, giving, accepting or seeking a bribe.

3.3 All forms of bribery are strictly prohibited. If you are unsure about whether a particular act constitutes bribery, raise it with your manager.

3.4 Specifically, you 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
  • 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
  • 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
  • threaten or retaliate against another person who has refused to offer or accept a bribe or who has raised concerns about possible bribery or corruption

4.0 What Is Corruption?

4.1 Corruption can be defined as the abuse of entrusted power for private gain of the individual or company. Corrupt business practices put the interests of an individual or company before the interests of the environment, customers, societies, communities and other key stakeholders.

5.0 Gifts and Hospitality

5.1 This policy does not prohibit giving or accepting reasonable and appropriate hospitality for legitimate purposes such as building relationships, maintaining our image or reputation, or marketing our products and services.

5.2 Gifts must be of an appropriate type and value depending on the circumstances and taking account of the reason for the gift.

5.3 Gifts or hospitality will be inappropriate if they are 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).

5.4 Gifts must not include cash or be given in secret. Gifts must be given in PLANERGY’s name, not your name.

5.5 Cash equivalent (such as vouchers) must not be given, except when given by Marketing as part of a PLANERGY approved promotional campaign involving chance (in other words, the recipients must be selected at random).

5.6 Promotional gifts of low value such as pens, bags, shirts, hats, or other low value branded articles may be given to or accepted from existing customers, suppliers and business partners.

6.0 Record Keeping

6.1 You must declare and keep a written record of all hospitality or gifts given or received, which you can do by always submitting these as expense claims (such as for hospitality) or through approved vendors. You must also submit all expense claims relating to hospitality, gifts or payments to third parties in accordance with our expenses policy and record the reason for expenditure.

6.2 All accounts, invoices, and other records relating to dealings with third parties including suppliers and customers should be prepared with strict accuracy and completeness. Accounts must not be kept “off-book” to facilitate or conceal improper payments.

7.0 Who Is Responsible for The Policy?

7.1 PLANERGY’s legal team has overall responsibility for ensuring this policy complies with our legal and ethical obligations, and that all those under our control comply with it. A member of the PLANERGY team has been nominated as the Compliance Officer, and can be reached at info@planergy.com.

7.2 The Compliance Officer has primary responsibility for implementing this policy, and for monitoring its use and effectiveness, dealing with any queries about it, and reviewing internal control systems and procedures to ensure they are effective in countering bribery.

7.3 Managers at all levels have responsibility for ensuring that those reporting to them are aware of and understand this policy and are given adequate and regular training, as appropriate, on this policy and the issue of bribery.

7.4 You are invited to comment on this policy and suggest ways in which it might be improved. Comments, suggestions and queries are encouraged and should be addressed to the Compliance Manager.

8.0 Your Compliance with This Policy

8.1 You must ensure that you read, understand and comply with this policy.

8.2 Preventing, detecting and reporting bribery in any part of our business or supply chains is the responsibility of those working for us or under our control. You are required to avoid any activity that might lead to, or suggest, a breach of this policy.

9.0 How to Raise a Concern

9.1 If you are offered a bribe, or are asked to make one, or if you suspect that any bribery, corruption or other breach of this policy has occurred or may occur, you must notify your manager or the Compliance Officer as soon as possible.

9.2 You are required and encouraged to raise concerns about any issue or suspicion of bribery in any parts of our business or supply chains at the earliest possible stage.

9.3 If you are unsure about whether a particular act constitutes a breach of policy, raise it with your manager or the Compliance Officer.

9.4 We aim to encourage openness and will support anyone who raises genuine concerns in good faith under this policy, even if they turn out to be mistaken. We are committed to ensuring no one suffers any detrimental treatment as a result of reporting in good faith their suspicion that bribery of whatever form is or may be taking place in any part of our own business or in any of our supply chains. Detrimental treatment includes dismissal, disciplinary action, threats or other unfavorable treatment connected with raising a concern. If you believe that you have suffered any such treatment, you should inform the Compliance Officer immediately. If the matter is not remedied, and you are an employee, you should raise it formally with your Human Resources (HR) representative.

10.0 Communication and Awareness of This Policy

10.1 Training on this policy, and on the risk our business faces from bribery, forms part of the regular training for our employees.

10.2 Our commitment to addressing issues of bribery and corruption in our business and supply chains should be communicated to all suppliers, contractors and business partners at the outset of our business relationship with them and reinforced as appropriate thereafter.

11.0 Breaches of This Policy

11.1 Non-compliance is both an offense for the individual and the company. We will take any breaches seriously and we will address any breaches under our disciplinary procedures. In addition, you may potentially be subject to fines and/or imprisonment in the event of a criminal prosecution.

11.2 PLANERGY may be required to report any confirmed instances of bribery or corruption to the relevant law enforcement authority and to support in any legal or statutory process in respect of employees being accused of bribery and/or corruption. The company may also seek financial restitution by civil means in respect of any losses sustained as a result of breaching this policy.

11.3 Any employee who breaches this policy may face disciplinary action, which could result in dismissal for misconduct or gross misconduct.

11.4 We may terminate our relationship with other individuals and organizations working on our behalf if they breach this policy.

Updated March 2020