Stanmore Implants Worldwide Code of Conduct
Stanmore Implants Worldwide (the Company) is committed to conducting all business affairs legally and ethically. This Company Code of Conduct establishes policies intended to provide guidance and which apply to; employees, directors, officers (collectively referred to as employees) and contracted business associates (associates) for compliance with such lawful and ethical conduct.
- Compliance with Laws. The Company will conduct its business in compliance with all laws, rules and regulations in the countries where it conducts business.
- Anti-Bribery / Anti-Corruption. Employees, associates and any party acting on behalf of the Company is prohibited from offering, providing, requesting or accepting any type of bribe or improper payment which is intended to improperly influence appears to influence any government official or anyone to gain a business advantage, secure or retain business. It is important to remember that in many countries outside of the United States, Health Care Professionals (the definition of which includes surgeon users of Company products) are employees of the governmental heath care system, thus making them government officials. There are many international laws and conventions that forbid offering, making or accepting "anything of value", either directly to the government official or indirectly via a third party.
- The United States has the Foreign Corrupt Practices Act (FCPA), which makes it illegal for employees or associates from directly or indirectly providing anything of value to a non-U.S. government official. In addition to the prohibition against providing any value transfer to a government official, the FCPA also includes a "books and records" component, which states that any company that trades it stock or equivalent monetary or stock instrument must state its books and records accurately and honestly. This law states that companies must maintain financial controls and keep their financial records in sufficient detail to accurately reflect all financial transactions.
- The UK Bribery Act is another important anti-bribery / anti-corruption law that the Company follows. This law is broader reaching that the FCPA. It states that any bribe or improper payment cannot be offered or paid to anyone to gain an unfair business advantage. It goes further, however, and also prohibits the solicitation and acceptance of a bribe by anyone (e.g. Stanmore employee or associate).
- Other countries are also in the process of establishing laws outlawing bribery and corruption. Stanmore employees and associates must also comply with these laws.
- Improper Payments. The Company's employees and associates will not make any improper payments to any government or non-government officials, customers or any other entities or people. This element is closely related to the anti-bribery / anti-corruption policy and applies to all business dealings.
- Competition and Anti-Trust. The Company competes in all markets where it does business ethically and honestly, in compliance with all local anti-trust laws and laws that govern competition. Company employees and associates must avoid written or oral agreements with Competitors that discuss any matters dealing with territories, pricing or Company business plans or confidential information, as examples.
- Fair Dealing. All employees and associates must deal fairly with all customers, competitors, vendors and will not take unfair advantage by lying, misstating facts or any other unfair practice.
- Accurate Books & Records. Accurate information is required for the Company to meet all regulatory and legal requirements. As such, all employees and associates must accurately record all information honestly and accurately. Given this, no employee may sign any document, on behalf of or to the Company that is knowingly false or is suspected to be false.
- Work Environment. The Company understands the importance of and will maintain a work environment that is free from drugs and any type of harassment or discrimination based on age, sex, national origin, race, color, creed, citizenship or any other impermissible element.
- Confidential Information. Confidential or proprietary information may not be disclosed to any third party for personal gain. This includes business, financial or marketing plans, product information, manufacturing, quality or clinical data or any information that is produced by or for Stanmore in connection with its business. This information could be harmful to the Company and useful to competitors.
- Corporate Opportunities. Employees and associates are prohibited from taking any personal advantage of all opportunities that are identified through their position. Employees and associates are also forbidden from competing with the company.
- Conflicts of Interest. Employees and associates must avoid involvement in any activity that compromises their judgment, loyalty to the company or independence. This includes any private interest (for themselves, family members or close friends or associates) that either interferes or appears to interfere with the Company's interests. Employees and associates must disclose all actual or potential conflicts of interest to the Compliance Officer for review and resolution.
- Protection and proper use of Company Assets and Property. Employees and associates must take required actions to protect Company assets from actual or attempted theft or improper use and ensure their legitimate business use. Any actual or suspected misuse should be brought to the attention of the Compliance Officer.
- Marketing & Sales Activities. Employees and associates must represent all Company products accurately and honestly and comply with all legal and regulatory requirements related to the marketing and sale of its products.
- On-Label Promotion. All company products are regulated by the Food and Drug Administration (FDA) in the United States and other regulatory bodies in other countries (e.g. CE Marking in Europe). These laws and regulations require that manufacturers and their representatives (i.e. employees and associates) only promote their products for their approved / cleared on-label indications. Company product development, marketing and sales personnel must ensure that all consultants, including Health Care Professionals, are aware of this company policy and the approved indications for Company products before providing consulting services on behalf of the Company.
- If employees or associates are asked questions by Health Care Professionals or others about unapproved uses of Company products, all such questions should be directed to the Company's Regulatory Affairs Department. Employees and associates may only share information on approved uses of Company products on which they have received training.
- If, immediately before or during an immediate patient care setting an employee or associate is asked by a treating Health Care Professional about an un-cleared product use, the employee or associate may respond to the Health Care Professional, but must state that the use discussed is an off-label use.
- All promotional materials for Company products must be reviewed and approved by the Company's Regulatory, Legal and Compliance functions.
- Patient Privacy. Protected Health Information (PHI) is individually identifiable health information in any form, whether paper, oral or electronic. Employees and associates must guard PHI from misuse, theft, fraud, alteration or any undisclosed and unauthorized use. Examples of laws that mandate such protection is the Health Insurance Portability and Accountability Act (HIPAA) in the United States. Other countries have similar privacy laws that must be respected wherever the Company conducts business.
- Compliance with the Code of Conduct. All employees and associates are required to comply with the Company Code of Conduct and will be asked to periodically confirm in writing that they understand the Code of Conduct, agree to comply with it, are not in violation of it and will report any violations of the Code of Conduct should they become aware. The Company will promptly investigate any alleged violations of the policies. Failure to comply with the Code of Conduct will result in disciplinary action, up to and including termination for employees and contract termination for contracted associates.
- Non-retaliation. The Company has a strict non-retaliation policy. The Company will not allow any retaliation against an individual that reports a violation of the code in good faith. Self-reporting may not exempt employees and associates from the disciplinary consequences of reporting, however.
- Incident Reporting Procedure. Any actual or suspected violations of the Code of Conduct should be made to the Company's Compliance Officer. The Company will then investigate these violations in a timely manner. Reports may be made anonymously.