1. Introduction
The purpose of this Code of Conduct (hereinafter, the Code) is to set out the basic guidelines or general principles that must govern and apply to the conduct and actions of all members of APD in the performance of their professional activities.
This Code and the documents to which it refers are intended to be the cornerstone of APD's compliance culture, guiding the actions of all employees and executives in the performance of their duties and in their business and professional relationships, and preventing any conduct contrary to the law.
Furthermore, this Code is a fundamental element of the “criminal compliance” system designed to protect APD from potential offenses that could give rise to or result in criminal liability for APD.
2. Scope
This Code applies to, and must be known by, all members of APD, regardless of the type of contract governing their legal relationship, the position they hold in the company, or the place where they perform their work.
Likewise, this Code is binding on and applicable to companies in which APD holds an interest or over whose management it has control. It shall also bind the members of other entities and organizations linked to APD by a relationship of control or whose management APD is responsible for.
3. Obligation to know and comply with the Code
The obligation to know and comply with this Code applies to all members of APD and related companies, as set out in the previous section.
Compliance with this Code does not exempt anyone from complying with any local, national, or international law or regulation that may apply based on the activities carried out by APD at any given time.
4. Publication
APD makes this Code available to, and brings it to the attention of, all its employees and interested parties by publishing it on both the Intranet and the Company's official website.
5. Basic principles of conduct
The basic principles of conduct that must guide the behavior and actions of APD members are:
6. Integrity and honesty
APD members must act with integrity and honesty in their relations with customers, suppliers, and business partners. To this end, they must act in accordance with the ethical principles of loyalty and good faith that stem from the rectitude, honesty, and professional respect reflected in the following specific points:
Loyalty to the company
APD members must at all times act with the utmost loyalty and due diligence, defending APD's interests. In all cases, they must always avoid any situation that may give rise to a conflict of interest, whether personal or business-related.
A conflict of interest is understood to mean any situation in which the interests of the company directly or indirectly clash with the personal interests of any member of, or person related to, APD.
By way of example and for purely illustrative purposes, the following are a number of situations that may give rise to a conflict of interest and must be avoided:
If any member of APD faces a situation that gives rise to a conflict of interest, they must proceed as follows:
If the “Compliance Officer” or the Governing Body cannot be reached or is not present, any situation giving rise to a conflict of interest, or any similar or analogous situation, must be reported to their superior or to the person in charge of their area of activity.
Compliance with the law
All members of APD must comply with the legal provisions in force in all territories where they carry out their activities, including any regulations applicable in the corresponding countries, states, nations, provinces, regions, and municipalities where they operate. To this end, they must observe both the letter of the provisions and their spirit and purpose.
Likewise, members of APD shall comply with the company's internal regulations that apply to their activity and whose provisions establish obligations stricter than those set out in this Code.
Confidentiality
In compliance with current legislation, APD guarantees the confidentiality of the information in its possession.
Every member of APD is bound by a strict duty of confidentiality regarding the sensitive information of third parties to which they have access by virtue of their activity. This obligation will continue to apply even after their employment relationship with APD ends.
This Code prohibits members of APD from using, distributing, copying, or transmitting, without express authorization, any personal information, report, study, or product obtained, or of which they become aware, in the course of their professional activity.
It is strictly prohibited to use for personal purposes, or to distribute to third parties, any confidential or internal information of APD, or of any other company with which it has a relationship, without a proven reason that justifies it or permission from the “Compliance Officer” or, failing that, from APD's Governing Body, which must always be granted in writing.
The following are considered confidential information: reports, courses, business proposals, contract templates, designs, drawings, trademarks, and studies relating to products and/or services under development; commercial, administrative, business, and strategic plans; financial operations and transactions, or those related to investments and asset sales; personal data of employees, customers, and business partners; and any other element that constitutes APD's business, commercial, and administrative knowledge.
With regard to the computer systems or platforms used at APD, it is prohibited to use or distribute to third parties any confidential or internal information of APD without justified reason or without APD's written permission.
7. Professionalism and transparency in relations with customers, suppliers, and business partners
Members of APD must be benchmarks in their field for their professionalism. Relations with customers, business partners, and suppliers must always be conducted with a focus on excellence and quality in the service provided.
All actions must be governed by the following standards of conduct:
Professional responsibility
In their relations with customers, suppliers, and business partners, members of APD must maintain the highest level of honesty and professional responsibility, honoring the commitments made to customers, business partners, and suppliers and informing them sufficiently in advance of any change to the agreements reached.
APD's main objective in its relations with its customers is, within the permitted limits and in accordance with company procedures, to ensure maximum customer satisfaction, committing to provide services and deliver products of the highest quality and within the deadlines set out in the contracts signed.
Transparency
Members of APD must promote transparency in relations with customers, suppliers, and business partners, striving to act with the utmost integrity at all times.
Information about the products or services that APD provides to customers, potential customers, suppliers, or business partners must always be supplied clearly and objectively.
To this end, it is essential that documents be drafted in clear and concise language so that their wording does not create doubts that could lead to conflicts.
In addition, APD has a specific policy on relations and contracting with suppliers, business partners, and third parties outside the company, which sets out the guidelines or models of behavior to be observed with these parties.
Treatment of customers
All members of APD must serve customers with courtesy, respect, and diligence, without distinction on the grounds of race, sex, religion, or any other personal characteristic, adapting their attitude and approach to each customer's profile, and always within the framework of an appropriate professional relationship.
Relations with partner companies and suppliers
APD considers its business partners and suppliers an indispensable part of achieving its objectives of growth, profitability, and service improvement.
All members of APD involved in selection processes for suppliers, subcontractors, and external business partners are obliged to act with impartiality, transparency, and objectivity, applying quality and cost criteria in order to obtain the most suitable offer for APD.
As noted throughout this Code, APD has a specific policy on relations and contracting with suppliers and business partners, which sets out a series of behavioral guidelines for dealing and contracting with them.
With regard to the possibility of members of APD giving gifts, presents, or favors to customers, business partners, and suppliers, this Code establishes that, in any case and on an exceptional basis, members of APD may give third parties related to the company items or invitations characterized by their symbolic value and their promotion of APD's image, such as:
If a supplier, business partner, or third party wishes to give any kind of gift, present, or favor to a member of APD, that member must:
It is strictly prohibited to offer or accept gifts, presents, or favors to or from customers, suppliers, or business partners that may influence the independence of decision-making when contracting a service from APD.
With regard to expense management and control, members of APD have, in the “Policy on Relations and Contracting with Suppliers and Business Partners,” a section setting out the management of resources for those employees who are entitled to, or may incur, expenses or receive per diem allowances.
8. Respect for employees
APD and all its members undertake to act at all times in accordance with the United Nations Global Compact and the Universal Declaration of Human Rights, whose objective is the adoption of universal principles in the areas of human rights, labor rights, environmental protection, and the fight against corruption.
Equal opportunity
APD promotes the professional and personal development of all its employees by ensuring, through this Code:
To this end, objective criteria of merit and ability will be taken into account.
Non-discrimination
Members of APD are obliged to maintain a work environment free from all discrimination and from any conduct involving personal harassment.
If a member of APD becomes aware of cases of discrimination or harassment, they must report it to the Compliance Officer or to their immediate superior through the channels provided for this purpose.
Training
APD undertakes to maintain a training policy for the learning and personal and professional development of its employees in order to achieve the highest level of performance, quality, and satisfaction in carrying out their duties.
When it comes to training courses for learning or personal and professional development, APD will at all times take into account the specific circumstances of each case and whether or not such training programs are necessary.
Notwithstanding the foregoing, APD must provide training and information on at least the following topics:
Occupational health and safety
APD provides its employees with a safe and stable environment. Likewise, APD is committed to updating, when necessary, its occupational risk prevention measures and to complying with the applicable regulations in this area in all places where it carries out its business activities.
Employees shall be responsible for complying with health and safety regulations.
Likewise, when members of APD carry out hazardous activities, they must make responsible and proper use of the equipment assigned to them and promote among their colleagues and subordinates compliance with occupational risk prevention and risk protection practices.
Eradication of child labor
No member of APD, nor anyone with a relationship with APD, may use child labor.
Members of APD, or any person related to it, shall ensure compliance with the provisions of the ILO (International Labour Organization) regarding the work of minors.
9. Environmental protection
APD will preserve and respect the environment affected by its activities, applying, if necessary, an environmental strategy that makes it possible to prevent and minimize (where they exist) any negative effects the company may cause through its activity.
Likewise, members of APD will contribute to the conservation of natural resources and areas of ecological, landscape, scientific, or cultural interest that may be affected by their company's activity.
APD undertakes to strictly comply with environmental legislation that applies directly to, or indirectly affects, its activity.
10. Relations with the Public Administration
In their relations with the Spanish or foreign Public Administration, at all its levels and with any of its bodies, members, or representatives, APD members must at all times show the utmost respect toward it and scrupulously comply with the legal regulations in force in each location.
Administrative communications or documents received from the various Public Administrations must be routed, recorded, and filed, and always dealt with within the required deadlines.
In their relations with the Public Administration, as well as with individuals entrusted with public functions (public officials or administrative staff), members of APD must behave in such a way that they never induce these parties to breach their duties.
This obligation gives rise to the following prohibitions:
All members of APD are required, in their relations with the Public Administration or any of its officials, to abide at all times by the prohibitions set out in this Code.
Any affiliation with, membership in, or collaboration with political parties or other types of entities, institutions, or associations with public purposes, as well as any contributions or services to them, must be carried out in such a way that their personal and private nature is always clear, excluding any kind of involvement, participation, or liability on the part of APD.
11. Interpretation and non-compliance
This Code sets out the principles and commitments of business ethics that all members of APD must respect and comply with in the course of their activities.
To this end, APD will disseminate this document among its members.
Any violation of or non-compliance with this Code that constitutes an employment-related offense will be sanctioned in accordance with current regulations.
However, any violation of or non-compliance with this Code may result in the sanctions set out in APD's disciplinary system or internal and disciplinary regulations.
12. Entry into force
This Code will be in force from the start of the business relationship with APD.
Notwithstanding the foregoing, for staff already employed, it will also apply once it has been duly published and made available to all APD staff. To this end, the attached communication will be distributed generally in order to evidence awareness and obtain the express consent of all APD staff without exception.