3. Business Integrity
3.1 Compliance with the Law
As a truly international company, GWR is committed to comply with all applicable laws and regulations. To ensure a transparent and trusting business relationship, we also expect the same commitment from our Business Partners.
All Business Partners shall be familiar with applicable laws, regulations and guidelines that are relevant at the local, national and international level to their respective activities for, in collaboration with, or on behalf of, GWR.
National and international laws regulate the import, export and domestic trade of goods and services, and capital movements and payments. Our Business Partners must have adequate procedures in place to ensure that transactions with third parties do not contravene economic embargoes or regulations of trade, import and export control or regulations for the combating of terrorism financing.
In specific countries or markets, stricter rules than those described in the Code may be in force. In such an event, the stricter rules are to be applied.
3.2 Anti-Corruption, Bribery and Fraud
It is our policy to conduct all GWR business in an honest and ethical manner. We take a zero-tolerance approach to bribery, corruption and fraud, and are committed to acting professionally, fairly and with integrity in all our business dealings and relationships wherever we operate.
Corruption is contradictory to the objective of doing good business. By ‘corruption’ we mean a form of dishonest or unethical conduct by a person entrusted with a position of authority, often to acquire personal benefit. Corruption can be in any form, including but not limited to bribery and fraud. Corruption damages the confidence and trust that our stakeholders have in GWR and in the GWR brand. Furthermore, corruption undermines the rule of law, distorts markets, and deprives other people’s rights and resources. GWR condemns corruption in any form, including embezzlement, theft, misappropriation, tax evasion or money laundering.
Consequently, we require all Business Partners to comply with the following principles:
- No one acting on behalf of GWR, or with whom GWR has a relationship, may directly or indirectly request, offer, pay, accept or receive bribes or conduct other corrupt practices.
- No form of facilitation payment is allowed.
- GWR’s representatives do not ask for gifts or hospitality and are not permitted to accept and/or provide gifts or hospitality from, or to, any Business Partner or third party.
Business Partners shall condemn any form of corruption, bribery or fraud.
Trust and honesty are cornerstones of the GWR culture; therefore, we reserve the right to enquire or investigate any Business Partner if any form of corruption is suspected.
3.3 Prohibition of Forced and Child Labour
Business Partners must not use any form of forced, bonded or involuntary labour.
This prohibition applies to all work or service which is demanded from any person under the threat of any penalty and for which the individual has not offered themself voluntarily, modern forms of slavery and trafficking for labour.
Business Partners are also prohibited from using any form of child labour.
Child labour is defined in accordance with the International Labour Organization (ILO) Conventions 138 and 182, and national laws. All workers must have reached the age of 15 or have reached the minimum legal working age under national law, whichever age is the higher.
3.4 Data Privacy and Protection
Business Partners have a legal responsibility to safeguard the privacy of their clients, employees and other parties, and must comply with all applicable laws and rules when personal data are collected, processed, transferred or stored. In particular, the personal data used by Business Partners must be:
- Processed lawfully, fairly and in a transparent manner in relation to the data subject.
- Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes.
- Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
- Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay.
- Kept in a form which permits identification of data subjects for no longer than is necessary for which the personal data are processed, and.
- Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing against accidental loss, destruction or damage, using appropriate technical or organisation measures.
3.5 Information Security
Business Partners must only use information provided to them by GWR to fulfil their contractual obligations and shall protect it from internal and external misuse by implementing appropriate security measures. Failure to implement such measures can have significantly damaging consequences, such as cyber-attack, data loss, intellectual property infringement or identify theft.
Business Partners shall not use any information provided by GWR for any personal purpose, or a purpose which may be improper, unethical or illegal.
Prior to GWR granting access to its systems or data, Business Partners are required to respond satisfactorily to an information security questionnaire.
GWR reserves the right to deny prospective Business Partners access to its systems where GWR is not satisfied that appropriate security measures have been implemented.
3.6 Financial Integrity
Business Partners must conduct their business, store documents and perform financial reporting with integrity.
Business transactions, assets and liabilities will be kept accurate and correct, and documented in accordance with legal requirements.
All payments and transactions must follow all applicable laws and established accounting policies. Business Partners shall have appropriate procedures in place to detect and report money laundering.
GWR reserves the right to undertake credit checks and/ or request references from third parties to ensure its Business Partners meet its financial integrity requirements.
3.7 Fair Competition
Business Partners must comply with all applicable anti-trust and competition laws.
As ethical organisations, our Business Partners are committed to behaving openly and fairly when competing for customers' business. They will not make false claims that unfairly denigrate competitors, or improperly interfere with a competitor's business relationships.
Business Partners will not engage in or tolerate any anti-competitive behaviour, including entering into restrictive agreements with competitors, suppliers, distributors, retailers or customers.
This includes, but is not limited to, price-fixing agreements with competitors; any form of market division or allocation agreement; bid-rigging; or the unlawful sharing of competitively sensitive information with competitors.
3.8 Protection of Intellectual Property
As a company whose reputation is built on the creation and protection of intellectual property (“IP”), GWR understands the crucial importance of the investment in, and value of, IP.
Intellectual property covers any works of intellectual creation, including but not limited to, literary works, photographs, television programmes and clips, sound recordings, designs, databases, trademarks, and patents.
GWR is also crucially aware of the damage that can be caused when IP is used improperly or infringed. Intellectual property infringements include, but are not limited to, the publication, distribution or display of copyright or trademark material without permission or licence, and the creation and distribution of unauthorised copies of intellectual property, both in physical or digital form.
We therefore expect Business Partners to respect and protect all types of intellectual property, whether it belongs to GWR or anyone else.
For GWR, respecting IP means, in particular:
- Treating other parties’ IP as you would your own.
- Obtaining written authorisation in advance of use, and
- Respecting the limited applicability of the concepts of fair use and fair dealing.
3.9 Conflicts of Interest
For the purposes of the Code, a potential conflict of interest occurs when the outside interests of an employee of a Business Partner [for example, their financial or personal interests] interfere with GWR’s interests or the employee's work-related duties. For example, a conflict of interest may occur when a Business Partner’s employee is able to influence a decision that may result in a personal gain for the employee or the employee's family member because of business dealings with GWR.
Business Partners who are affected by a potential or actual conflict of interest in their activities in relation to GWR are obliged to disclose and resolve these as quickly as possible.
3.10 Confidentiality and Business Information
GWR is committed to preserving the confidentiality and integrity of all its business information assets to preserve its competitiveness, cash-flow, profitability, legal, regulatory and contractual compliance, as well as its commercial reputation.
GWR confidential information is information that is sensitive, or confidential, within the organisation and intended for business use only by those with a need-to-know. Unauthorised disclosure of such information could cause significant harm, including legal or financial liability and damage to GWR’s, as well as its Business Partners’, reputation.
Business Partners must ensure that confidential information and data are stored securely, that information is only made available to authorised individuals, and is only used for agreed business purposes.
Unauthorised disclosure of confidential information about GWR or is Business Partners to third parties, such as the media or competitors, shall constitute a breach of the Code.
