Vendor Code of Conduct
INCOM® Manufacturing Group ("INCOM®") is dedicated to fostering a professional environment built on ethical and responsible conduct. This Vendor Code of Conduct (“Code”) sets the minimum standards of ethical and human rights practices that INCOM® expects of itself, its workers (“Team Members”), agents, and vendors.
INCOM® is committed to upholding these standards and expects the same level of commitment and compliance from its Team Members, agents, and vendors. Failure to adhere to this Code may jeopardize a vendor's business relationship with INCOM®.
By working with INCOM®, vendors agree to comply with this Code, have measures in place to promote compliance and maintain records to demonstrate their compliance. References in this Code to the “vendor” mean the vendor together with every one of its affiliates, subsidiaries, vendors, and subcontractors that participate in the supply of products or services to INCOM®. Vendors must also ensure to the best of their knowledge that their affiliates, subsidiaries, vendors, and subcontractors adhere to this Code.
1. COMPLIANCE WITH LAWS
Vendor shall comply with all laws and regulations applicable to Vendor and to its supply of products or services to INCOM®, including all applicable laws governing the export and import of products, customs and international trade. INCOM® invites the Vendor to communicate any concerns or conflicts with this Code or compliance with it to INCOM® in an open and transparent manner.
2. ETHICAL BUSINESS CONDUCT
2.1 Gifts and Entertainment
INCOM® Team Members are not permitted to give or receive gifts and entertainment exchanged in the normal course of business.
2.2 Prohibition of Corruptive Practices
INCOM® expects Vendor to have a zero-tolerance policy towards bribery and corruption. As such, Vendor shall ensure that all its directors, officers and employees, as well as any third parties that act on its behalf, do not offer, promise, give or accept any bribes, or make or accept improper payments to obtain new business, retain existing business, or secure any other improper advantage. In particular, Vendor shall not engage in any form of bribery or kickback scheme or otherwise offer any incentive to any employees of or to any of their family or friends to obtain or retain any business or secure any other improper advantage. Vendor shall implement monitoring and enforcement procedures to ensure compliance with all applicable anti-corruption laws.
2.3 Conflicts of Interest
Vendor shall avoid any interaction with any Team Member of INCOM® that conflicts, or appears to conflict, with that Team Member’s duty to act in the best interests of INCOM®. If an event or a situation gives rise to a conflict of interest or the appearance of a conflict of interest, Vendor shall disclose it to INCOM® in writing as soon as possible.
2.4 Fair Competition
Vendor shall act in compliance with all applicable laws and regulations concerning fair business practices, lawful advertising, and competition. Vendor shall not engage in any discriminatory behaviour, whether based on race, gender, sexual orientation, gender identity, colour, age, maternity, national origin, disability, religion, ethnicity, marital status, or political affiliation. Vendor shall provide reasonable accommodations to individuals with disabilities, as required under applicable accessibility and employment legislation.
3. LABOUR AND HUMAN RIGHTS
3.1 Human Rights
Vendor shall treat all its employees and any other workers in a fair and equal manner. Vendor shall not discriminate in the hiring or promoting of employees whether based on race, gender, sexual orientation, gender identity, colour, age, maternity, national origin, disability, religion, ethnicity, marital status, or political affiliation. All employment decisions (including hiring, termination, compensation, promotion, and discipline) must be based exclusively on ability and willingness to do the job.
3.2 Child or Forced Labour
Vendor shall not use child labour or forced labour under any circumstances or knowingly contract with any vendors or subcontractors that use any such child or forced labour. The terms “Child Labour” and “Forced Labour” have the meaning set out in Canada’s Fighting Against Forced Labour and Child Labour in Supply Chains Act. Vendor shall also comply with all other applicable laws and regulations regarding the employment of persons under the age of 18. Vendor shall also comply with U.S. laws, including Section 307 of the U.S. Tariff Act of 1930, which prohibits the import of goods made with forced labor.
3.3 Wages and Benefits
Vendor shall ensure that compensation paid to its employees complies with all applicable laws, including those relating to minimum wages, overtime hours and mandatory benefits. Vendor shall not use pay deductions as a disciplinary measure.
3.4 Freedom of Association
Insofar as is legally permitted, vendor shall respect rights of workers to associate freely with others, form and join labour unions or organizations or associations of their choice, and bargain collectively, without interference, discrimination, retaliation, or harassment and shall comply with all applicable local and national laws pertaining to freedom of association and collective bargaining.
3.5 Hours of Work
Regular working hours shall not exceed the legal limit permitted. Workers must have the right to refuse unsafe work and to report unhealthy working conditions. Workers must not be disciplined or terminated for raising safety concerns.
4. EMPLOYMENT PRACTICES
Vendor shall abide by all applicable employment standards, labour, non-discrimination, and human rights legislation. Furthermore, Vendor shall in all its operations and in all dealings with its workers, maintain a high standard of ethical conduct. Vendor shall ensure that workers have access to a grievance process or worker communication mechanism in place that facilitates open dialogue between management and workers. Workers must be permitted to report grievances with management regarding working conditions and management practices without fear of reprisal, intimidation, or harassment.
5. HEALTH AND SAFETY
Vendor shall provide its employees with a safe and healthy work environment in compliance with all applicable laws and regulations. Vendor is responsible for ensuring that all workers are qualified to perform their work functions safely. Vendor shall provide workers with appropriate workplace health and safety training in their primary language, and health and safety information shall be clearly posted in Vendor’s facilities. This includes compliance with the Occupational Safety and Health Administration (OSHA) in the United States and provincial Workplace Health and Safety standards in Canada. Potential emergency situations and events (e.g., fires, earthquakes, and other hazards) are to be identified and assessed, and their impact minimized by having emergency plans and response procedures in place. Building emergency exits must be unlocked and always functioning.
6. ENVIRONMENTAL PRACTICES
Vendor shall comply with applicable laws and regulations in relation to the protection of the environment. Vendors are encouraged to implement environmental management systems and sustainability practices to reduce environmental impact.
7. CONFIDENTIALITY
All information shared by INCOM® with, or otherwise disclosed to, Vendor is proprietary to INCOM® and is private and confidential. INCOM®’s confidential information is only to be used by Vendor for the sole purpose of supplying products or services to INCOM® and can only be disclosed by Vendor when required by applicable law and in that event with notice to INCOM® (provided such notice is permitted by law).
Vendor agrees to keep all INCOM®’s confidential information in confidence and not to: (i) disclose, directly or indirectly, deliberately, inadvertently or negligently, any of the confidential information in any manner to any third party; or (ii) use or exploit all or any part of the confidential information for any purpose other than to supply products or services to INCOM®. INCOM® may request return of its confidential information at any time, and Vendor will comply, and will cause its affiliates, subsidiaries, vendors, and subcontractors to comply, with that request promptly and will not retain summaries, excerpts or reports containing any of INCOM®’s confidential information. Vendor shall promptly notify INCOM® in writing of any actual or suspected data breach, leak or hack involving INCOM®’s confidential information. Vendor will ensure that only its affiliates, subsidiaries, vendors, and subcontractors that need-to-know INCOM®’s confidential information to supply products or services to INCOM® are provided with access to such confidential information, and in that event, Vendor will ensure that they comply in all respects with these commitments of confidentiality. Vendor is responsible to INCOM® for any unauthorized disclosure of INCOM®’s confidential information, and for any breaches of these commitments, by any of Vendor’s affiliates, subsidiaries, vendors, and subcontractors.
Vendor shall implement reasonable cybersecurity measures in line with industry standards and applicable laws such as the California Consumer Privacy Act (CCPA/CPRA) and Quebec's Law 25.
8. MONITORING
Vendor shall regularly monitor its compliance with this Code and maintain appropriate records to demonstrate compliance.
Vendor grants INCOM® or its designated agent the right to access and inspect Vendor’s facilities upon reasonable notice (typically 5 business days unless otherwise required by law) and at a time agreeable to vendor, and vendor agrees to provide all relevant information and documents that INCOM® may request, at any time and from time to time so that INCOM® can verify Vendor’s compliance with this Code. INCOM® may itself or through an agent conduct an audit or survey of Vendor, to validate its compliance with this Code.
Should INCOM® have a reason to believe that Vendor may be in breach of this Code, INCOM® may suspend its dealings with Vendor or impose such requirements upon Vendor as INCOM® deems appropriate in the circumstances. No retaliation shall be taken against any party who, in good faith, reports a violation or concern related to this Code.
If, in the reasonable opinion of INCOM®, Vendor has failed to adhere to this Code, INCOM® is entitled to sanction Vendor or suspend or terminate its business relationship with Vendor without penalty.
If Vendor has a concern that either Vendor or INCOM® or any of their respective affiliates, subsidiaries, vendors, and subcontractors are engaged in any conduct or dealings that are inconsistent with this Code, Vendor shall immediately report the matter to INCOM® in writing to the attention of INCOM®’s Vendor Management Team at: support@incomdirect.com
9. CONTACT
If Vendor has any questions or concerns about this Code, or its ability to comply with any aspect of it, INCOM® encourages Vendor to discuss the matter with INCOM®’s Vendor Management Team at: support@incomdirect.com