1. What does the policy cover?

This anti-bribery policy describes the responsibilities of Media Kompass and those who work for us related to observing and upholding our zero-tolerance position on bribery and corruption. The policy is also a source of information and guidance for recognizing and dealing with bribery and corruption issues, as well as understanding everyone’s responsibilities.

  1. Policy statement

Media Kompass conducts business ethically and honestly. We ensure bribery is prevented. Media Kompass has zero – tolerance for bribery and corrupt activities. We act professionally, fairly, and with integrity in all business dealings and relationships, wherever the country we operate in.

Media Kompass follows laws relating to anti-bribery and corruption in all the jurisdictions in which we operate.

If our company takes part in corrupt activities, there can be an unlimited fine, we can be excluded from tendering for public contracts, and there can be serious damage to our reputation.

  1. Who is covered by the policy?

This policy applies to all employees (whether temporary, fixed term, or permanent), consultants, contractors, trainees, seconded staff, home workers, casual workers, agency staff, volunteers, interns, agents, sponsors, or any other person or persons associated with us (including third parties), no matter where they are located.

Third party refers to any individual or organisation our company meets and works with. It refers to actual and potential customers, suppliers, distributors, business contacts, agents, advisers, and government and public bodies – this includes their advisors, representatives and officials, politicians, and public parties.

  1. Definition of bribery

Bribery refers to the act of offering, giving, promising, asking, agreeing, receiving, accepting, or soliciting something of value or of an advantage so to induce or influence an action or decision.

A bribe is inducement, reward, or object/item of value offered to another person to gain commercial, contractual, regulatory, or personal advantage.

Bribery is not limited to the act of offering a bribe. If an individual is on the receiving end of a bribe and they accept it, they are also breaking the law.

Bribery is illegal. Employees must not engage in any form of bribery, whether it be directly, passively or through a third party. They must not bribe anyone anywhere in the world. They must not accept bribes.

  1. What is and what is NOT acceptable

Gifts and hospitality

Media Kompass accepts normal and appropriate gestures of hospitality and goodwill if the gifts or receiving of gifts meets the following requirements:

  1. It is not made with the intention of influencing the party to whom it is being given, to obtain or reward the retention of a business or a business advantage, or as an explicit or implicit exchange for favours or benefits.
  2. It is not made with the suggestion that a return favour is expected.
  3. It is in compliance with the Romanian law.
  4. It is given in the name of the company, not in an individual’s name.
  5. It does not include cash or a cash equivalent (e.g. a voucher or gift certificate).
  6. It is appropriate for the circumstances (e.g. giving small gifts around Christmas or as a small thank an employee to a company for helping with a large project upon completion).
  7. It is of an appropriate type and value and given at an appropriate time, taking into account the reason for the gift.
  8. It is given/received openly, not secretly.
  9. It is not selectively given to a key, influential person, clearly with the intention of directly influencing them.
  10. It is not above a certain excessive value.
  11. It is not offer to, or accepted from, a government official or representative or politician or political party, without the prior approval of the company’s compliance manager.

Where it is inappropriate to decline the offer of a gift (i.e. when meeting with an individual of a certain religion/culture who may take offence), the gift may be accepted so long as it is declared to the compliance manager, who will assess the circumstances.

Media Kompass recognizes that the practice of giving and receiving business gifts varies between countries, regions, cultures, and religions, so definitions of what is acceptable and not acceptable will inevitably differ for each.

As good practice, gifts given and received should always be disclosed to the compliance manager. Gifts from suppliers should always be disclosed.

The intention behind a gift being given/received should always be considered. If there is any uncertainty, the advice of the compliance manager should be sought.

Facilitation Payments and Kickbacks

Media Kompass does not accept and will not make any form of facilitation payments of any nature. Facilitation payments are a form of bribery that involves expediting or facilitating the performance of a public official for a routine governmental action. Facilitation payments can be requested by low level officials with the intention of securing or speeding up the performance of a certain duty or action.

Media Kompass does not allow kickbacks to be made or accepted. Kickbacks are typically made in exchange for a business favour or advantage.

Employees may face a situation where avoiding a facilitation payment or kickback may put their/their family’s personal security at risk. Under these circumstances, the following steps must be taken:

  1. Keep any amount to the minimum.
  2. Ask for a receipt, detailing the amount and reason for the payment.
  3. Create a record concerning the payment.
  4. Report this incident to the department manager.

Political Contributions

Charitable Contributions

Media Kompass discloses all charitable contributions it makes. Employees must ensure that charitable contributions are not used to facilitate and conceal acts of bribery.

We ensure that all charitable donations made are legal and ethical under Romanian laws and practices, and that donations are not offered/made without the approval of the compliance manager.

  1. Employee Responsibilities

Each employee must read, understand, and comply with the information contained within this policy, and with any training or other anti-bribery and corruption information all employees are given.

All employees and those under our control are equally responsible for the prevention, detection, and reporting of bribery and other forms of corruption. They are required to avoid any activities that could lead to, or imply, a breach of this anti-bribery policy.

If an employee has reason to believe or suspect that an instance of bribery or corruption has occurred or will occur in the future that breaches this policy, an employee must notify the compliance manager.

If any employee breaches this policy, they will face disciplinary action and could face dismissal for gross misconduct. Media Kompass has the right to terminate a contractual relationship with an employee if he/she breaches this anti-bribery policy.

  1. What happens if I need to raise a concern?

How to raise a concern

If an employee suspects that there is bribery or corrupt activities occurring, he/she shall raise concerns at as early a stage as possible. If an employee is uncertain about whether a certain action or behaviour can be considered bribery or corruption, he/she should speak to the department manager, the compliance manager or the senior leadership.

Media Kompass will familiarize all employees with its whistleblowing procedures so employees can vocalize their concerns swiftly and confidentially.

What to do if an employee is a victim of bribery or corruption

The employee should tell the compliance manager if he/she is offered a bribe, if he/she is asked to make one, if he/she suspects that may be bribed or asked to make a bribe in the near future, or if he/she has reason to believe that is a victim of another corrupt activity.

Protection

If an employee refuses to accept or offer a bribe or an employee report a concern relating to potential act(s) of bribery or corruption, Media Kompass understands that he/she may feel worried about what can happen to him/her. Media Kompass will support anyone who raises concerns in good faith under this policy, even if investigation finds that they were mistaken.

Media Kompass ensures that no one is treated detrimentally because they refuse to accept or offer a bribe or other corrupt activities or because they reported a concern relating to potential act(s) of bribery or corruption.

Detrimental treatment refers to dismissal, disciplinary action, treats, or unfavourable treatment in relation to the concern the individual raised.

If an employee have reason to believe an employee’ has been subjected to unjust treatment as a result of a concern or refusal to accept a bribe, an employee should inform the department manager or the compliance manager immediately.

  1. Training and communication

This policy and zero-tolerance attitude will be communicated to all suppliers, contractors, business partners, and any third parties at the outset of business relations, and as appropriate thereafter.

As good practice, Media Kompass provides additional anti-bribery and corruption training to employees if we feel their knowledge of how to comply with the policy needs to be enhanced and whenever there is a potential risk of facing bribery or corruption during work activities.

  1. Record keeping

Media Kompass keeps detailed and accurate financial records, and has internal controls that act as evidence for all payments made. We declare and keep a written record of the amount and reason for hospitality or gifts accepted and given, and understand that gifts and acts of hospitality are subject to managerial review.

  1. Monitoring and reviewing

Media Kompass monitors the effectiveness of this policy and reviews the implementation of it regularly. The suitability, adequacy, and effectiveness are regularly assessed. The control systems and procedures designed to prevent bribery and corruption are subject to regular audits to ensure that they are effective in practice.

Any need for improvements will be applied as soon as possible. Employees are encouraged to offer their feedback on this policy if they have any suggestions for how it may be improved.