Upstream’s Partner Code of Business Conduct
Last updated: November 3, 2024
Upstream is committed to conducting its business in a manner that exemplifies integrity, ethical conduct and honesty. This commitment is an important professional value of our leadership and employees. To ensure that we create business relationships only with Partners that share our commitment, we ask that our Partners read and ensure that they comply with this Partner Code of Conduct (“Code”). We appreciate all our Partners’ efforts to join us in creating a business community of which they are proud to be a part.
Compliance With Laws
Upstream Security Ltd and all its subsidiaries (“Upstream”, or the “Company“) expects and requires all of its partners, including its respective employees, independent contractors, agents and other third-parties who may represent it in business dealings (“Partner” and “You”) to comply with all applicable laws and regulations wherever it or they reside and conduct business. Upstream’s Code refers particularly to Anti-Corruption and Anti-Bribery laws and regulations, laws and regulations on Competition and Fair Dealings, and Insider Trading. For the removal of doubt, Upstream expects employees and Partners to conduct themselves ethically in relation to such matters even when their actions are not breaching any related laws and regulations. This Code is not offered as legal advice or comprehensive guidance. Please consult with a licensed attorney for questions regarding the laws and regulations that apply to your business.
Violation of laws and regulations may be a basis for the termination of a Partner’s business relationship with Upstream.
Prevention of Child Labor and Young Workers
The Company expects and requires all of its Partners to strictly observe the minimum employment age in their business activities and throughout their supply chain in accordance with the ILO Minimum Age Convention and shall ensure that child labor is not tolerated in any form.
Wages and Benefits
The Company expects and requires all of its Partners to provide their workers with fair and respectable remuneration in accordance with applicable regulations and prevailing industry practices; such remuneration should be adequate to cover basic needs and enable a decent standard of living for the workers and their families, which includes respecting minimum wages, overtime compensation, medical leave and government-mandated benefits.
Working Hours
The Company expects and requires all of its Partners to comply with local laws and collective bargaining agreements (where applicable) regarding working hours, or with the ILO Standards on Working Time in the absence of relevant local regulations.
Modern Slavery
the Company firmly oppose all forms of modern slavery, including forced or compulsory labor, human trafficking, and child labor, and expects its business partners to share this commitment and to adhere to the same standards and to prevent and address any instances of modern slavery, taking immediate action where necessary.
Ethical Recruiting
The Company expects and requires its Partners to conduct their recruiting process ethically, including by not misleading or defrauding potential workers about the nature of the work, asking workers to pay recruitment fees, and/or confiscate, destroy, conceal, and/or deny access to worker passports and other government-issued identity documents.
Freedom of Association and Collective Bargaining
The Company believes all companies should respect worker rights to associate freely, to join or not join labor unions, bargain collectively, seek representation and join workers’ councils. The Company therefore expects and requires its Partners to ensure that they adhere to all applicable freedom of association and collective bargaining laws and regulations, or to the Principles of the ILO conventions on such matters if no local laws and regulations cover such matters.
Women’s Rights
The Company strictly opposes any gender-based discrimination. The Company expects and requires its Partners to provide equal opportunity in employment and equal pay for equal work for all employees at all employment levels and forms, regardless of gender, sex, or otherwise.
Diversity, Equity and Inclusion
The Company expects and requires its Partners to prevent discrimination and physical, psychological and verbal abuse in the work environment, and to foster and promote inclusive cultures where diversity is valued, allowing everyone to contribute fully and reach their maximum potential.
Rights of Minorities and Indigenous People, including Land, Forest and Water Rights and Forced Evictions
The Company is dedicated to respecting and upholding the land, forest, and water rights of communities and individuals affected by its operations and is committed to conducting its business in a manner that prevents forced evictions and respects the rights of indigenous peoples and local communities. The Company’s Partners are expected to adhere to these principles as well, and to address any concerns and promote sustainable and equitable resource management, where and as applicable to their business and work.
Use of Private or Public Security Forces
All Partners shall ensure that any use of private or public security forces in connection with its operations is conducted in a manner that respects human rights and upholds the rule of law. Partners must require that all security personnel, whether directly employed or contracted, are trained to operate with integrity and respect for the rights and dignity of all individuals, and to uphold zero-tolerance to any form of abuse, harassment, or excessive use of force.
Export Control and Sanctions
Upstream is determined to conduct its business globally in compliance with all applicable export and trade control laws and regulations, licensing requirements, and international laws and standards, and applicable trade sanctions. Upstream expects and requires all Partners to conduct their business, to the extent related to Upstream, in compliance with all such applicable export control and sanctions laws and regulations.
As part of their business activity with Upstream, Partners shall not conduct any business with: (i) individuals or entities that are the target of economic sanctions by the United States, Israel, the European Union, the United Kingdom, the United Nations’ Security Council, or any other applicable jurisdiction, and (ii) with individuals or entities in embargoed countries (which includes Iran, Syria, Lebanon, North Korea, Cuba, Crimea and the autonomous region of Luhansk and Donetsk in Ukraine).
Anti-Corruption and Anti-Bribery
Upstream places particular focus on its requirement to comply with all applicable anti-corruption and anti-bribery laws and regulations. Upstream has zero-tolerance for any form of bribery or corruption. Bribery and corruption can take many forms. Partners are strictly prohibited from offering, promising, giving, providing, receiving, soliciting or authorizing, whether directly or indirectly, the provision or receipt of anything of value to or from anyone, and to or from Government Officials in particular, in order to obtain or retain business, or an improper advantage in business.
Gifts
Gifts can be a legitimate part of business relationships, given to promote goodwill and to show appreciation. However, they can also be used as a cover for bribery or other corrupt activities. Therefore, Partners must never give or receive any gift that is: (i) cash, or cash equivalents (such as gift cards); (ii) excessive in value; (iii) is inconsistent with customary business practices, or; (iv) is illegal in any applicable jurisdiction. A general guideline for evaluating whether a business courtesy is appropriate is whether public disclosure would be embarrassing to you, Upstream or the recipient.
Payments to Government Personnel
Upstream’s policy is to prohibit giving anything of value, directly or indirectly, to officials of foreign governments or foreign political candidates in order to obtain or retain business. It is strictly prohibited to make illegal payments to government officials of any country. In addition, there are a number of laws and regulations in various countries regarding business gratuities that may be accepted by government personnel. The promise, offer or delivery to a government official or employee of a gift, favor or other gratuity in violation of these rules would not only violate Company policy but may also be a criminal offense.
Conflict of Interest
Upstream’s Partners are expected to avoid, to the extent reasonably possible, all conflicts of interest between their business activity with Upstream and any other business activity they conduct. Upstream Partners are expected to alert Upstream regarding any potential conflict of interest that may be raised in relation to their work for Upstream as soon as it is raised, and to work with Upstream to ensure such conflicts of interest do not negatively impact their business activity with Upstream.
Discrimination or Harassment
Upstream is committed to providing a work environment that is free from all forms of discrimination on the basis of race, ethnicity, gender, creed, religion, age, disability or sexual preference. Upstream expects all of its Partners to conduct themselves in ways to avoid all forms of discrimination or harassment. Upstream does not tolerate discrimination or harassment, including sexual harassment, in any form.
Health and Safety
The Company is committed to a business practice of abiding by all applicable environmental and workplace safety laws, regulations, and permits, with the greatest regard for the safety and well-being of its employees, customers, and the general public. Therefore, the Company expects all of its Partners to apply the same business practice and to strictly comply with the laws, regulations, and internal policies on workplace health and safety.
Data Protection and Data Security
The Company expects all of its Partners to maintain high standards and data protection and data security. All Partners must comply with applicable data protection and data security laws and regulation in relation to their services and work with the Company, and to use, at a minimum, industry-standard cybersecurity and data protection measures and tools, and to adopt and adhere to relevant policies and procedures (such as in regard to use of passwords, encryption and cryptography, incident response, and more).
Protection of Upstream’s Assets and Intellectual Property
During its business activity with Upstream, Partners are expected to protect Upstream’s tangible and non-tangible assets, including any physical assets and intellectual property. Upstream’s assets and intellectual property must only be used in accordance with relevant agreements signed between the Partner and Upstream.
Environmental Responsibility
Upstream is committed to conducting its operations in a manner that minimizes environmental impact and promotes sustainability. Upstream expects all of its Partners to comply with applicable environmental laws and to uphold similar standards and implement practices that protect and preserve natural resources.
Energy efficiency. Upstream expects its Partners to regularly review and assess their energy usage, attempt to minimize and cut any excess use of energy, and to identify opportunities for further improvements.
Renewable Energy. Upstream encourages its Partners to consider the use of renewable and alternative energy sources, such as solar and wind power, wherever feasible. Investments in sustainable energy infrastructure are encouraged to reduce reliance on non-renewable resources and foster long-term sustainability.
Sustainable Resource Management. Partners are encouraged to consider ways for conducting their resource management in a sustainable way, including by giving preference to more sustainable materials and minimizing water usage where possible.
Waste Reduction. Waste reduction is integral to the Company’s operations and supply chain practices. Efforts to reduce waste generation are highly encouraged, and Partners are encouraged to make efforts to minimize their waste production to a minimum.
Reuse and Recycling. Waste management may also be done through reuse and recycling. The Company supports robust recycling programs and encourages the reuse of materials to extend their lifecycle.
Greenhouse Gas (GHG) Emissions. Upstream seeks to reduce its greenhouse gas (GHG) emissions by aligning with industry standards and applicable regulations and expects its Partners to follow the same principles. Strategies to minimize the carbon footprint of operations include energy efficiency measures and the use of low-emission technologies.
Counterfeit Parts
Partners and Suppliers are expected to develop, implement, and maintain effective methods and processes appropriate to their products to minimize the risk of introducing counterfeit hardware parts and materials into deliverable products. In addition, Partners and Suppliers shall provide notification to recipients of counterfeit product(s) when warranted and exclude them from the delivered product.
Record Keeping
All expenses related to Upstream must be duly and accurately recorded. Upstream does not accept any unrecorded or “off the books” payments, funds or assets, and they should not be maintained.
Confidentiality
Upstream Partners must not disclose any confidential information of the Company except when the disclosure is authorized by Upstream or is legally mandated.
Reporting Illegal or Unethical Behavior, Whistleblowing
Partners are expected to report any illegal, unethical behavior or suspected or actual violation of the Partner Code they encounter. If You have a good faith concern about a suspected, potential, or actual violation, please send an email to: [email protected]. Upstream will also accept anonymous reporting, which can be sent to the same email address using a temporary, non-identifiable email address. Upstream shall keep the identity of anyone who made a report in confidentiality, to the extent possible, will not allow any retaliation against anyone for reports made in good faith.
Supply Chain Responsibility
Just as Upstream expects its Partners to adhere to the requirements and principles laid out here, it also expects them to ensure their own business partners and suppliers adhere to the same principles. Partners are expected to include binding requirements in contractual arrangements with such business partners and suppliers, where relevant and as applicable. Partners should also make clear to their business partners and suppliers the expectancy, and need, to pass on such standards and requirements along the supply chain, to ensure all of the supply chain is acting legally, ethically and responsibly.
Applicability
Compliance with this Code is required to maintain your status as Upstream Partner in addition to compliance with all laws and regulations that apply to your business activities. Further, you should avoid engaging in any activity that involves even the appearance of impropriety. Your responsibilities under this Code may be broader than required by law; however, in the event that an applicable law is more restrictive than the requirements of this Code, you must always comply with such law.