What is the Code of Ethics?
1 - The Code of Ethics
This Code of Ethics establishes the principles that the company considers as guidelines for conducting business.
2 - Who is it intended for?
This Code of Ethics applies to all employees, officers and stakeholders in all countries in which Moongy operates.
Employees undertake to comply with the Code of Ethics in their daily activities.
Any violation of the Code of Ethics or of the national or international laws governing the company may result in disciplinary and/or legal sanctions.
The Code of Ethics is provided to every new employee joining the company and may be distributed to any stakeholders who request it. Reference must be made to local or specific procedures, where applicable.
Our values
1 - Moongy’s values
The company’s DNA is reflected in the five values that guide everything we do.
Respect: treating others with respect. Human rights govern our relationships with others, both within and outside the company.
Integrity: acting honestly. Integrity is an absolute standard of conduct in our dealings with all stakeholders and partners.
Listening: maintaining dialogue. We must be attentive to others, both in our internal and external relationships.
Entrepreneurial spirit: daring to act collectively. The performance of each of us in our activities is the performance of the company as a whole.
Responsibility: taking responsibility for one’s actions. We do not make any decision without considering and assessing its possible consequences.
2 - Shared values
In addition to the values promoted by the company, Moongy is committed to complying with all national and international standards applicable to its activities.
Moongy respects:
- the principles of the United Nations Global Compact
- the principles of the Universal Declaration of Human Rights
- the various conventions of the International Labour Organization
- the OECD Guidelines for Multinational Enterprises
Making the right decisions
To help you make the right decisions when faced with a situation that could raise an ethical issue, ask yourself the following questions:
✓ Is this action/decision legal?
✓ Is it consistent with the company’s values?
✓ Does it have a negative impact on stakeholders?
✓ What image of the company would be conveyed if this situation appeared in a press article?
✓ Would I feel comfortable discussing it openly with colleagues, family and friends?
If in doubt, do not hesitate to seek advice from your manager, a trusted colleague, or Moongy’s Legal or Human Resources staff.
How can I speak freely?
In keeping with one of its core values, listening, the company encourages a climate of dialogue that allows everyone to speak up and share their concerns. To address such situations, Moongy has established a reporting system open to all company employees and external collaborators, hereinafter referred to as “Employees”.
The reporting system may be used in any situation, for example when the traditional method of notifying one’s direct or indirect supervisor cannot be used. Use of the reporting system is therefore optional. No sanctions may be imposed on an Employee for not having used this reporting system.
This reporting system allows any type of serious act or violation contrary to applicable regulations, which could therefore constitute a criminal offence, and, more generally, any unethical conduct to be reported confidentially.
How can a report be submitted?
- via the email address ethics@moongy.it (hereinafter referred to as the Ethics Line).
Submitting a report to the Ethics Line in good faith and without personal interest will not expose the person making the report to disciplinary sanctions and/or legal proceedings in any way. Whistleblowers benefit from specific protection that guarantees, in particular, the confidentiality of their reports. For information on the procedure to follow in order to qualify for whistleblower status, please refer to the Procedure relating to the professional reporting system.
If an Employee makes false statements or acts in bad faith, i.e. with malicious intent, they may be subject to disciplinary sanctions and legal proceedings. Anyone who retaliates against whistleblowers will systematically be sanctioned.
Once a professional report has been received by the ethics officers through this reporting procedure, hereinafter referred to as the procedure, written acknowledgement of receipt will be provided, followed by information on the admissibility of the report. Finally, taking into account the nature of the report, Moongy undertakes to process it within a reasonable period of time and to preserve the confidentiality associated with exercising the right to report. The whistleblower is then informed of the action taken in response to the report and of the conclusions of the investigation.
Principle 1: Compliance with the law
Rule 1 - Combating corruption and trading in influence
In accordance with applicable anti-corruption laws and regulations, including OECD and United Nations Global Compact standards and national laws, Moongy is committed to conducting its business lawfully, with integrity and transparency, and has zero tolerance for corruption and trading in influence.
Some definitions:
Corruption is wrongful conduct whereby a person solicits, agrees to or accepts a gift, offer or promise in order to obtain an undue advantage, for themselves or another person, so that a public or private individual performs or refrains from performing an act within the scope of their duties.
Passive corruption: when a person solicits or accepts gifts, promises or undue advantages.
Active corruption: when a person obtains or attempts to obtain, through gifts, promises or undue advantages given to another person, the performance of or abstention from an act within the scope of that person’s duties.
Trading in influence occurs when a person receives requests/gifts in order to misuse their real or supposed influence over a third party to secure a favourable decision. It involves three parties: the beneficiary (the person providing the benefits), the intermediary (the person who uses the influence they have by virtue of their position) and the recipient with decision-making power (a public authority or administration, judge, expert, etc.).
Gifts and entertainment: The company prohibits the provision of cash or in-kind benefits (goods, services, entertainment or personal travel) to any client representative (directly or indirectly) in order to obtain a contract or any other commercial or financial benefit. Only gifts valued at less than €50 (or the equivalent in local currency) are tolerated. Gifts must be delivered to the known contact at the client’s address.
The company also prohibits the acceptance of any cash or in-kind benefit (goods, services, entertainment or personal travel) from a supplier, unless the gift does not exceed €50 (or the equivalent in local currency), or it relates to an event for multiple clients/suppliers that has been approved for attendance by a member of management.
Gifts and invitations must be occasional. Offering a gift to a client every week, even if it does not exceed €50 (or the equivalent in local currency), may be considered a form of corruption.
All gifts or entertainment (given or received) must be recorded in the accounting records and properly documented (invoices, register).
What you must not do
- Do not offer cash gifts or cash equivalents, such as gift vouchers.
- Do not give or accept gifts or entertainment worth more than €50.
- Never solicit an invitation or any other gift from third parties.
- Never deliver a gift to a client’s home.
Example
I am about to conclude an important contract with a client. They contact me to say that a gift from us, such as tickets to a major rugby match, could help them make a decision more quickly.
Should I agree?
No. Explain to your client that company policy is not to offer clients any form of significant gift, especially before a contract is signed, in order to prevent corruption. Offer to meet with them, if necessary, to provide any further information they may need to make a decision.
Facilitation payments
A facilitation payment is an unofficial payment of a small sum to facilitate or ensure the smooth completion of simple procedures (obtaining a visa, issuing a permit, etc.). These payments may concern both the private and public sectors. The company prohibits the use of such facilitation payments in any situation.
In countries where such transactions are common, the Legal Department must be contacted for advice on the appropriate course of action.
What you must not do:
- Do not make payments or financial arrangements, in cash or by bearer cheque, to companies or individuals.
- Do not make payments without supporting documents (contracts, invoices, etc.).
Example
A consultant needs to begin working quickly on an assignment in Qatar. To obtain a work visa as quickly as possible, an intermediary suggests that I pay a sum of money directly to them so that they can make the necessary arrangements with the local authorities.
Can I pay the intermediary and claim reimbursement through an expense report?
No. Moongy always prohibits such payments, whether they are made to a public official or a private individual. Contact your Legal Department to find out how to proceed.
Patronage, sponsorship and donations to political parties
A donation is a financial or material contribution to an institution with no expectation of compensation. Sponsorship is financial or material support for an event or individual in exchange for various forms of publicity.
A donation or sponsorship may influence a person’s judgement if they have an interest in or family connection with the organisation receiving the donation or sponsorship. To avoid any situation of corruption, including a potential one, it is necessary to:
- verify the authenticity of the charity before making any contribution
- request proof that the payments were used for the stated purpose
- take into account that the commercial project linked to the charity does not take place immediately after the donation
- ensure that the recipient is not in a position to act or make a decision that could favour the company.
Where possible, prefer an in-kind contribution (computers, office space, etc.) to a monetary contribution.
All donations or sponsorships made must be documented (nature, value and a receipt ensuring that the donation will be used solely for the organisation’s intended purpose).
As the company observes strict religious and political neutrality, it is prohibited to make political or religious contributions on behalf of the company, in any form, whether financial or material, for the purpose of supporting a political party, candidate or elected official.
If an employee wishes to make personal donations to political parties, these must be made in their own time and must not be associated with the company in any way.
What you must not do
- Do not make or accept donations if there is a conflict of interest that could influence the transaction.
- Do not make donations to organisations selected by clients or public officials.
- Never make donations in cash or to individuals.
- Do not offer compensation to a public official in exchange for speaking at a company event.
Example
During an important meeting with a client, the client mentions the charity founded by his wife to help school dropouts. They are looking for generous donors who can help fund school supplies. The client believes that a gesture on our part to support a good cause could ensure a lasting business relationship.
Should I contact the charity to make a donation on behalf of the company?
Explain to the client that company policy does not permit this type of donation, as there is a connection between the charity and the client, who has decision-making power over the company’s business plans.
Conflicts of interest
At any time, employees may face a conflict-of-interest situation if their interests may conflict with those of the company. This may occur, for example, if an employee has to select a supplier in which they are an investor or if they are involved in hiring a family member. It is therefore essential to avoid such situations as far as possible.
In the interests of transparency, it is the duty of every employee to report any conflict of interest, including a potential one, to their supervisors as soon as possible and to withdraw from any selection process.
What you must not do
- Do not engage in outside activities that compete with the company, such as working for a competitor, client or supplier, or acquiring shares in such an entity.
- Do not participate in a supplier selection process if you have a personal relationship with an executive of the supplier.
- Do not be involved in a decision to hire a relative whom you have recommended.
Example
I am involved in the process of selecting a new IT supplier, and my brother is the director of one of the companies that responded to our call for tenders.
Can I still take part in the selection process?
No. Even if you believe you can maintain independent judgement, you must report this potential conflict of interest to your manager and withdraw from the selection process. If your brother’s company is selected and you have contributed to the decision, the other bidders may challenge the outcome if they are aware of your family relationship. You could also lose credibility and legitimacy among colleagues, who may question your objectivity in the future.
Rule 2 - Respecting free competition
Competition law encompasses all laws and regulations intended to ensure that fair and healthy competition is maintained among economic operators. Competition law seeks to ensure compliance with the principle of free competition and to combat anti-competitive practices. For this reason, the company is committed to entering into partnerships and commercial agreements in strict compliance with national and supranational rules governing competition, particularly with regard to market access rules, non-abusive commercial practices and respect for free competition.
The penalties incurred are significant: under the sanctions imposed by the Competition and Market Authority, the company may be subject to a fine of up to 10% of its annual turnover, net of tax.
It is advisable to contact the Legal Department before beginning any negotiations aimed at entering into a partnership agreement or before joining a professional association, and to keep a written record of all meetings with competitors.
What you must not do
- Do not enter into pricing agreements with competitors.
- Do not participate in market or customer allocation with competitors.
- Do not disclose confidential or strategic information belonging to an employee to a competitor (e.g. market shares).
- Do not obstruct a competitor’s access to a market.
- Do not manipulate or attempt to influence a decision in a tender process.
- Do not select a business partner for reasons that are not objective and justifiable in terms of market conditions and competition rules.
Example
During a discussion with a former colleague who left to join a competitor, they offer to give me the rates applied by one of their clients so that I can approach that client.
Is this permitted?
As you are now competitors, explain to your former colleague that you cannot discuss this type of subject because any discussion of rates with a competitor may constitute a concerted practice capable of undermining free competition. An agreement is considered illegal if its purpose or effect is to distort competition.
Principle 2: Respect for people and the environment
Rule 3 - Respecting employees
Respect for others in our daily interactions is a major challenge. This concept of respect includes respect for people’s rights, dignity, customs and culture.
The company wishes to pay particular attention to respect for the private lives of each of its employees, diversity and the fight against discrimination based on age, sex, origin, family circumstances, sexual orientation, disability and religious beliefs. The company is also committed to preventing any form of psychological or sexual harassment.
To this end, the role of managers is essential within the company. These various issues may lead to personal questions with which managers can provide direct assistance.
Furthermore, the company guarantees equal opportunities for all employees. Recruitment and promotions are based exclusively on professional qualities, entrepreneurial spirit and results. The company does not tolerate any form of discrimination, particularly in recruitment or daily working life.
Example
To achieve our objectives, my manager wants us to perform at our best, to the point that it can sometimes become humiliating.
What approach should I take?
A manager’s role is to ensure the success of their teams, which often leads them to challenge those teams. However, the drive to take initiative must not be separated from respect for the teams. If this occurs, you must contact the Human Resources Department and the other members of the team.
Rule 4 - Ensuring safety
The company is committed to taking the necessary measures to ensure that working conditions protect the health and safety of employees at the various sites where it operates, as well as those of external contractors present on our premises.
Example
I have the impression that one of my colleagues has been very anxious lately. I have tried to speak to him about it several times, but he systematically refuses to discuss it.
How should I intervene?
As members of the same organisation, it is our responsibility to listen and, if necessary, inform the line manager and the Human Resources Department of the situation.
Rule 5 - Reducing our environmental footprint
Today, preserving the environment is an essential mission for each of our employees. The company is committed to protecting the environment by:
- sustainably reducing the impact of its direct activities on natural resources and biodiversity and promoting “eco-friendly actions” among its employees,
- supporting its clients in developing innovative and environmentally friendly technological solutions,
- encouraging its employees to take an active role in responsible innovation.
The company encourages sound environmental practices in the office and encourages every employee to adopt behaviours aimed at preventing any form of waste of energy or natural resources.
Good practices
- Encourage the use of recyclable materials and provide separate waste collection containers.
- Use public transport whenever possible when travelling.
- Limit printing and print on both sides of the page.
- Reduce travel by using videoconferencing for meetings.
- Switch off lights and computers at night.
Principle 3: Respect for the company
Rule 6 - Protecting confidential information
In the course of its activities, the company processes confidential information concerning clients, suppliers, vendors and employees. Confidential information is information relating to business activities that is not generally available to the public, such as client lists or margin definitions. To ensure the integrity of confidential information, the company protects its information systems, particularly through regular IT backups and sound IT access management. In specific cases, consultants obtain certifications or authorisations to ensure the confidentiality of their projects.
What you must not do
- Do not use company information for purposes other than those that are legitimate or required by law.
- Do not attempt to obtain confidential business information about competitors.
- Do not store your usernames and passwords on paper or in unprotected files.
Example
I am organising a recruitment forum at a partner school and, to illustrate the company’s strong growth, I want to disclose very specific financial data.
Am I allowed to do so
Some financial information may be highly important to the company and must not be disclosed to unauthorised third parties. Before any presentation, the draft must systematically be submitted to your relevant manager for approval.
Rule 7 - Protecting personal data
Moongy attaches great importance to respecting the privacy and personal data of its employees, candidates, collaborators and website users. The company implements legal, organisational and IT security measures at all levels to protect the personal data processed by its departments as effectively as possible.
Employees who process personal data attend awareness sessions on personal data protection rules and have specific personal-data confidentiality clauses in their employment contracts.
What you must not do
- Do not share your access credentials (username, password, etc.) in your absence.
- Do not leave documents containing the personal data of your candidates or consultants in plain view (e.g. stacks of CVs on the printer).
- Ask the IT Department about the specific security procedures for mobile equipment (to be used outside the office).
If in doubt about the procedure to follow, contact the Legal team at: gdpr.compliance@moongy.group.
Example
I have decided to outsource my promotional work to a call centre in Morocco.
Is the processing subject to the European Data Protection Regulation?
Yes, the company in Morocco is a subcontractor of the company in Italy and processes personal data on the company’s behalf. The GDPR makes the data controller responsible for ensuring compliance throughout the entire subcontracting chain (Article 28).
Rule 8 - Protecting company assets
The company has zero tolerance for any act or attempted act of fraud. Employees undertake never to use company assets for personal or business purposes other than those for which they were originally intended. Company rules on the segregation of duties, delegation of authority and signatures are strictly applied by all employees.
Transactions are systematically tracked so that their source and origin can be easily identified and the accuracy of the accounts can be ensured.
What you must not do
- Do not misappropriate money or products belonging to the company.
- Do not destroy supporting documents.
- Do not falsify accounting or banking documents.
- Do not misrepresent the volume of services billed to clients.
Example
My supervisor is on holiday and is the only person who can sign the lease for the new office. I have been asked to sign on their behalf, even though I have not been delegated the authority to do so. Should I sign the lease to resolve the situation?
No. You must immediately refuse to sign, explaining that the decision must be made by someone with legal authority. By agreeing to sign, you expose the company to legal uncertainty and potentially to a fraudulent transaction.
Transparency and internal control
The company attaches particular importance to the rigorous application of internal control in carrying out its activities. The company’s operations and transactions are recorded truthfully and accurately in the accounts of each company, in accordance with applicable regulations and internal procedures. All uses of company assets must be documented to support the appropriateness of the service and the payments.
Roles and responsibilities, as well as delegated authorities, are known to everyone and are regularly reiterated, particularly when each new employee joins the company.
Conclusion
The commitment of all the company’s employees and collaborators is essential to the successful observance and application of this Code of Ethics.
If in doubt, do not hesitate to seek advice from your supervisor, a trusted colleague, or Moongy Group’s Human Resources or Legal officers.
The reporting system is available to all stakeholders to confidentially report any type of serious breach of the law or violation that may constitute a criminal offence and, more generally, any unethical conduct.
How can a report be submitted?
- via the email address ethics@agap2.it