Anti-Bribery and Corruption Policy

FUNPLUS GLOBAL ANTI-BRIBERY & CORRUPTION POLICY

FOR FUNPLUS BUSINESS PARTNERS 

Last updated: 14.04.2022

1. Purpose and Scope

This FunPlus Global Anti-Bribery & Corruption Policy (“Policy”) explains the rules with respect to the global ethical policy of FunPlus International AG based in Zug, Switzerland, and its global group companies (hereafter: FunPlus) which apply globally to all of FunPlus’ business partners and business relationships, regardless of whether these are legal entities or natural persons (hereafter: “Business Partners”). 

FunPlus takes a zero-tolerance approach to bribery and corruption and is committed to acting professionally, fairly and with integrity in all its business dealings and relationships. FunPlus has implemented effective systems and procedures to counter bribery and corruption and shall uphold all laws and regulations relevant to countering bribery and corruption in all the jurisdictions in which our entities operate. FunPlus requires the same from its Business Partners.

Who must comply with this Policy?

This Policy applies to all FunPlus’ Business Partners including its Business Partners’ employees and directors at all levels. While this Policy governs our and your actions as our Business Partner with respect to preventing bribery, if the laws in your country are stricter than this Policy, you must comply with those laws. If, however, the laws in your country are silent on an issue, or this Policy states a clear, stricter rule than the laws of your country, you must follow this Policy or request a review of the situation by our Global Compliance Department.

Contact Details

This Policy is administered by FunPlus’ Legal Compliance Department and it may be amended from time to time. If you have any questions, you may contact us at global.legal@funplus.com.

2. Bribery & Corruption

Bribery includes offering, promising, giving or accepting any financial or other advantages, to induce the recipient or any other person to act improperly in the performance of their functions, or to reward them for acting improperly, or where the recipient would act improperly by accepting the advantage.

Advantage includes money, gifts, loans, fees, hospitality, services, discounts, the award of a contract or anything else of deemed substantial value.

Corruption is the abuse of entrusted power or position for private gain.

No employee or person who acts for any of FunPlus or for FunPlus’ Business Partners in any capacity may offer or provide a Bribe to any person, whether that person is in the private sector or a Government Official. It is also prohibited to try to do the same through third parties, such as agents or distributors. FunPlus will and Business Partners shall reject any requests for a Bribe. Conversely, Business Partners will also not request, accept, or initiate bribes. 

What you must not do, it is not acceptable to:

• give, promise to give, or offer, a payment, gift or hospitality with the expectation or hope that a business advantage will be received, or to reward a business advantage already given;

• give or accept a gift or hospitality during any commercial negotiations or tender process, if this could be perceived as intended or likely to influence the outcome;

• accept a payment, gift or hospitality from a third party with the knowledge or suspect that it is offered with the expectation of receiving a business advantage in return;

• accept hospitality from a third party that is unduly lavish or extravagant under the circumstances;

• offer or accept a gift to or from government officials or representatives, or politicians or political parties, without the prior approval of the manager or compliance department;

• threaten or retaliate against another individual who has refused to commit a bribery offence or who has raised concerns under this Policy; or

• engage in any other activity that might lead to a breach of this Policy.

3. Facilitation payments and kickbacks

Facilitation payments, also known as “back-handers” or “grease payments”, are typically small, unofficial payments made to secure or expedite a routine or necessary action (for example by a government official). 

Kickbacks are typically payments made in return for a business favour or advantage. 

FunPlus and Business Partners do not make, and will not accept, facilitation payments or “kickbacks” of any kind. Both FunPlus and Business Partners shall commit themselves to avoid any activity that might lead to a facilitation payment or kickbacks being made or accepted by FunPlus or on its behalf, or that might suggest that such a payment will be made or accepted and we expect the same of our Business Partners. 

4. Gifts, Hospitality, Expenses and Entertainment

FunPlus and Business Partners will neither pay for nor accept gifts or hospitality or payment of expenses which are not pre-approved in writing, proven or reasonable and appropriate under applicable law.

This Policy allows reasonable and appropriate hospitality or entertainment given to or received from third parties, for the purposes of establishing or maintaining good business relationships; improving or maintaining FunPlus’ image or reputation, or marketing or presenting FunPlus’ products and/or services effectively AND if the giving and accepting of gifts meet the following requirements:

• it complies with any applicable local law.

• it is not made with the intention of influencing a third party to obtain or retain business or a business advantage, or to reward the provision or retention of business or a business advantage, or in explicit or implicit exchange for favours or benefits;

• it is given in FunPlus’ respectively Business Partner’s name, not in an employee’s individual name;

• it does not include cash or a cash equivalent (such as gift certificates or vouchers);

• it is appropriate in the circumstances, taking into account the reason for the gift, its timing and value (for example in Europe it is customary for small gifts to be given at Christmas), and

• it is given openly, not secretly.

Promotional gifts of low value such as branded stationery to or from existing or potential customers, suppliers and business partners will be acceptable.

Reimbursing a third party’s expenses, or accepting an offer to reimburse FunPlus’ or Business Partner`s expenses (for example, the costs of attending a business meeting) would not usually amount to bribery. However, FunPlus and Business Partner do not allow any payments in excess of genuine and reasonable business expenses (such as the cost of an extended hotel stay).

5. Donations and Sponsoring

From time to time, FunPlus or Business Partners may wish to support legitimate charities and make charitable donations. This is permitted only if that is legal and ethical under local laws and compliant with practices, and has followed internal approval policies. Business Partners and FunPlus do not make any contributions to political parties.

6. Bookkeeping

Both Business Partners and FunPlus shall keep all financial records and have appropriate internal controls in place which will evidence the justifiable business reason for making any payments or gifts to third parties.

Our employees must declare and keep a written record of all hospitality or gifts planned, given or received, which will be subject to managerial review. All expenses claims relating to hospitality, gifts, or payments to third parties will have to be submitted in accordance with FunPlus’ expenses Policy. We expect the same of our Business Partners.

All accounts, invoices, and other records relating to dealings with third parties including suppliers and customers should be prepared with strict accuracy and completeness.

7. Responsibilities

Ethical behaviour in business is the personal responsibility of every person associated with FunPlus or Business Partners, irrespective of rank or position. 

The prevention, detection and reporting of bribery and corruption is the responsibility of all those working for FunPlus, Business Partners or subject to their control. We require them to read, understand and comply with this Policy and to avoid any activity that might lead to, or suggest, a breach of this Policy.

8. Speaking Up & Protection

FunPlus encourages speaking up if there is any belief or suspect that a conflict with this Policy may have occurred or may occur in the future, and will support anyone who raises genuine concerns in good faith under this Policy, even if they might turn out to be mistaken. Please raise your concerns with your manager or send an email to compliance@funplus.com.

FunPlus is committed to ensuring no one suffers any detrimental treatment as a result of refusing to take part in bribery or corruption, or because of reporting in good faith based on their suspicion of actual or potential bribery or other corruption act.

9. Training 

This Policy shall be part of the induction process for all individuals at FunPlus or Business Partners who newly joined the organisation.

10. Breaches of this policy

FunPlus may terminate the relationship with the Business Partner if they breach this Policy.

11. Changes to these Terms

FunPlus reserves the right to change this Policy at any time without prior notice. In the event that any changes are made, the revised Policy shall be posted on this page immediately. Please check the latest information posted herein to inform yourself of any changes.