CODE OF ETHICS FOR PROVIDERS

To our providers:

The reputation of TM-ASSISTANCE S.A. DE C.V. relies on trust. Individuals and entities from around the country and worldwide with whom we do business do know that we are committed to doing business subject to a set of values that represent the highest standards of quality, integrity, excellence, compliance with the law and respect for all and every diverse custom and culture that exist in the places we operate in. We look forward to developing relations with providers that share similar values and who conduct business with ethics.

As part of our ongoing effort to develop and strengthen relations with our providers, we introduce the Guiding Principle Program so that all direct providers of TM-ASSISTANCE adhere thereto. The Guiding Principle Program for Providers is based on the belief that it is crucial to be considered a model citizen to assure our success in business in the long run. This should be reflected on each of our relationships and actions in the market, workplace, environment and community. We included our “Citizenship Principles” to help you understand our core values.

Upon acknowledging the existence of differences in the law, customs and economic conditions affecting our business practices in different places in the world, we believe that the values shared herein should lay the foundations for the relationship between TM-ASSISTANCE and our providers. The Guiding Principles for Providers reframe our requirements and underline good labor practices, compliance with environmental laws in effect and local labor laws and regulations.

We look forward to working with you in order to assure full understanding and compliance with the requirements laid down further below in this program. They were made for you and direct providers of TM-ASSISTANCE.

Enforceability

This code of ethics applies to all individuals or companies that hold a trade relationship with TELASIST (hereinafter “TM-ASSISTANCE”), which is composed of the following affiliates: TM-Assistance S.A. de C.V., Tas Telephonic Assistance Services S.A. de C.V; Contacto Médico Directo S.A. de C.V; Telemedic S.A. de C.V. and ABC Asistencia S.A. DE C.V.

Purpose

In order to attain and keep an appropriate business conduct and behavior in all trade relationships in which TM-ASSISTANCE intervenes, our providers, business partners and, in general, any person who has a direct or indirect relationship with the name and image of TM-ASSISTANCE, shall act with a strict sense of ethics, transparency, honesty and integrity, in respecting good judgment and customs at all times. Accepting this behavior is essential to create and sustain our institutional culture.

This conduct shall always respect the guidelines mandated by the applicable Laws in Mexico, which shall also be extended to countries in which there may exist a derived trade relationship between TM-ASSISTANCE and its providers. During the performance of their functions, it shall be necessary that providers always consider and apply the ethics standards provided herein.

Mission

This Code of Ethics shall promote:

  • Attaining the stated objectives and promoting a system for the ethical handling of conflicts of interest between personal and professional relationships.
  • Our capacity to provide a complete, fair, exact, timely and comprehensible content in reports and documents we submit before any authority, client, corporate governance instance and, in general, any Public communication.
  • Our acceptance and compliance with laws, regulations and government rules in all places we develop our business.
  • The timely disclosure of violations of this Code of Ethics to solve and amend the same.
  • Assume the responsibility to respect and enforce this Code of Ethics.

Report of Violations.

By recommendation of its CEO, TM-ASSISTANCE shall designate the Comptroller for TM-ASSISTANCE. This officer will be empowered to supervise all internal audits and self-assess programs related to regulations and obligation deviations, in order to assure the consisting application and construction of our conformity policies to this Code of Ethics.

It is TM-ASSISTANCE’s policy that, should our providers discover or suspect about an inappropriate conduct, either among their own workers or personnel working at TM-ASSISTANCE, they shall report such violations of this Code of Ethics directly to TM-ASSISTANCE’s Comptroller together with all evidence documents with respect to the reported conducts for this purpose. If he/she so desires, the provider may complain about violations with anonymity guarantees during the procedure. The provider will enjoy the entire protection of the office of the Chief Executive Officer, except in cases in which it is proven that the former submitted a false report and for which he/she accepts his/her full responsibility in case that a procedure involving judicial authorities or of any other nature is derived from this. All communications submitted by providers with respect to a violation hereof shall remain with the Comptroller and the handling thereof shall be strictly confidential.

For the correct compliance herewith, all our employees, business partners, providers and, in general, all individuals or companies with whom we have a trade relationship are hereby notified that TM-ASSISTANCE has a complaint telephone number and electronic mail for the report of violations hereof:

55 5014 9468

[email protected]

Ethics.

All and every officer, official and employee shall act with honesty, transparency, integrity and prudence. TM-ASSISTANCE requires that its providers accept this behavior and share interest in developing the highest ethics standards within their organization. For this, TM-ASSISTANCE requires the following from the Provider:

Honesty and ethics in all negotiations developed with TM-ASSISTANCE and, in general, have a commercial behavior recognized by the Business Sector in Mexico that corresponds to the provider’s activity in keeping this commitment.

Acting in good faith, with competence and due care about his/her actions and judgment, as well as never allowing that both judgment and conduct are compromised.
Respect the integrity of confidential information acquired during the service provided to TM-ASSISTANCE.

Promote ethics and honesty among colleagues and clients.
Respect for equality rights among all persons. TM-ASSISTANCE rejects any type of discrimination, harassment, slander, staling, mistreatment or contempt. We strongly believe in equality of opportunities and that this should be granted to all persons regardless of their age, race, gender, sexual orientation, belief, religion, nationality, marital status, disadvantage or disability.

Commitment to report to our Comptroller any event that he/she may know about or hold a reasonable doubt of, or whenever a violation to this Code of Ethics, policies of TM-ASSISTANCE or applicable laws is perceived.
The violation of the standards requested herein shall be subject to corrective activities and, as the case may be, worthy of the definitive termination of the trade relationship.

Conflict of Interest.
TM-ASSISTANCE’s providers shall avoid the establishment of personal activities, security investments, trade partnerships in which a potential conflict of interest may arise to affect the adequate development of the trade relationship; avoid business judgments related to our corporation and, should the conflict of interest exist, he/she shall report it promptly to TM-ASSISTANCE’s Comptroller. None of TM-ASSISTANCE’s providers may take advantage of his/her position to obtain personal benefits or develop business opportunities with information developed as part of the trade relationship with TM-ASSISTANCE.

Without limitation to, the definition of conflict of interest is as follows:

  • Involving TM-ASSISTANCE in personal transactions with relatives, friends, affiliates or any entity, controlled by shareholders or representatives of TM-ASSISTANCE’s providers in which there is no express consent by TM-ASSISTANCE.
  • Using confidential information related to TM-ASSISTANCE or clients thereof and thereby obtain personal benefits for relatives, partners, affiliates and, in general, any person with direct relationship.
  • Having interests of financial, security investment or trade partnership nature with any of our clients, providers or competitors.
  • Getting loans or surety bonds from TM-ASSISTANCE or, in general, any person, derived from the result of the trade association.
  • As for any conflict of interest, either real or apparent, that involves TM-ASSISTANCE’s providers, the provider shall provide written notice to the Comptroller immediately after being aware about such situation, who shall review and determine actions to be taken to avoid the cited conflict. Such actions shall be notified to the Chief Executive Officer, who shall determine the adequate actions which shall be decisional and indisputable.

Gifts and Bribes.

Gifts and bribes to TM-ASSISTANCE’s personnel are absolutely prohibited. Gifts received by TM-ASSISTANCE’s personnel shall have promotional content and with no representative financial value. The foregoing shall not grant an advantage of any kind whatsoever to any provider in his/her trade relationship with TM-ASSISTANCE in any moment.

The provider shall avoid granting gifts to TM-ASSISTANCE’s personnel either directly or through third parties. Likewise, generating situations in which the purpose hereof shall be avoided at all times as a consequence. With regard to events and celebrations in which gifts are handed as a cultural tradition, providers commit to notify the Comptroller on the intent to hand such gifts to TM-ASSISTANCE personnel. The Comptroller shall determine whether such gifts have a promotional content and the financial value thereof is representative or merely symbolic. The Comptroller’s authorization to hand these gifts is indisputable and shall be made in writing.

Without exception, the provider shall obey the laws and regulations that involve or refer to the handing of gifts, for which he/she submits himself/herself to the jurisdiction of the applicable laws in Mexico and, in general, the countries where TM-ASSISTANCE holds a trade relationship with the provider.

Inadequate Use or Property Theft.

TM-ASSISTANCE expressly states to providers that the former is the lawful owner of information, software, computer equipment, machinery and, in general, a variable consideration of material effects and services. In cases in which the provider were handed a property of TM-ASSISTANCE, the former commits to treat and maintain the same properly, avoiding the undue use or loss thereof. This equipment shall be used only for business purposes and the use thereof for the purpose of gaining any type of personal gain shall be avoided at all times.

Expedient Forgery.

In case that the provider handed reports to TM-ASSISTANCE and found out about inaccuracies or errors therein, the former shall provide prompt notice to the Manager responsible for receiving the same. The provider commits himself/herself to participate until the error were solved, so that the handing of erroneous, false or inaccurate information is avoided. The forgery of documents is absolutely prohibited.

Confidentiality

The information generated by TM-ASSISTANCE, our clients, our headquarters and, in general, information handed to providers is confidential. TM-ASSISTANCE trusts that adequate treatment and care will be given to information that providers get from us. Such information shall be used only for the sake of the trade relationship with TM-ASSISTANCE, reason why the same may not be shared, commented, disclosed, and, in general, may not be transmitted to third parties, relatives, partners, affiliates of providers or used for personal benefit or that of third parties to generate commercial competition with TM-ASSISTANCE. For this purpose, providers shall sign a confidentiality agreement.

The obligation to keep the information that the provider may get from TM-ASSISTANCE as confidential shall survive the termination of the trade relationship, for which the provider shall sign an information termination agreement in which he/she shall state the information received, the complete return thereof and the guarantee of not having reproduced such information by any means whatsoever.

TM-ASSISTANCE considers the following, without limitation to, as confidential information

  • Trade guidelines, including any technical or business information, such as calculation formulae, programs, methods, techniques, compilations or information of trade value.
  • Inventions, process development, material developed with equipment allocated to the provider by TM-ASSISTANCE; in general, information created or developed through TM-ASSISTANCE’s properties. Information classified as confidential resulting from works performed for TM-ASSISTANCE or related to our business development.
  • Financial information of TM-ASSISTANCE, its employees, clients or providers, client listings, parts, fixtures, activities, and, in general, listings containing information of TM-ASSISTANCE’s activities.

The provider may not publish, by any printed or electronic means, nor make public statements that involve TM-ASSISTANCE, nor any related trade information. For this case, only with previous and express written consent by the legal representative of TM-ASSISTANCE, the provider may comment, transmit or disclose TM-ASSISTANCE’s information.

Internal Negotiations.

TM-ASSISTANCE does not deem it legal to purchase, sell, trade or take part in any transaction involving properties, parts or fixtures belonging to TM-ASSISTANCE, information, software and, in general, any property or service that TM-ASSISTANCE does not deem to be of the public domain. The provider understands and agrees that this activity generates procedures of judicial type and criminal implications, reason why the provider shall respond before the corresponding authorities and defend and keep TM-ASSISTANCE safe from any responsibility to this respect, as well as indemnifying for damages calculated for the case./p>

Loans and Guarantor.

It is expressly set forth that TM-ASSISTANCE does not grant loans or act as a financial guarantor for its providers in activities related to the trade activity or those of any nature.

Other Business Relationships.

The provider shall notify the Comptroller before entering into agreements with companies whose direct trade competence is TM-ASSISTANCE.

EThe provider understands and agrees that developing functions for a company that is the trade competitor of TM-ASSISTANCE has major implications, reason why the former shall not accept the execution of such contracts without receiving the Comptroller’s resolution before. It shall be determined whether the trade relationship will continue for the case in question.

Work Environment

We expect that our providers assess their employees and contractors based on their skills to perform their work and not according to their beliefs or physical and/or characteristics so that the principle of non-discrimination of race, gender, sexual orientation, belief, religion, nationality, or sexual orientation be reaffirmed.

Also, solidarity with employers and workers is sought without distinction of their financial or educational level, place of origin, sexual orientation, age, pregnancy state or disability. As for the COVID-19 pandemic or any contingency and/or health emergency, the human right to health and a decent life pursuant to Constitutional Article 4 shall be essential in order to attain financial balance and the protection of their collaborators’ health.

Health and Safety

Our providers shall provide a safe workplace for their employees and collaborators, with policies and procedures in effect that minimize the risk of accidents, injuries and exposure to risks that affect health and comply with the applicable regulations. Also, Health protocols shall be in place and applied for Contingencies or Health Emergencies.

Forced and Child Labor; Labor Abuse

Providers may not employ anyone under the legal age for working nor allow abuse or harassment of physical or another nature, nor the use of forced labor or other work of compulsory character in any of its operations.

Wages and Benefits

Our providers shall provide their employees with a fair and competitive compensation in relation to their industry and with absolute adherence to local and national laws on wages and working hours that produce opportunities to their employees so that they develop skills and capacities.

Collective Negotiation

In case that their employees had chosen to be represented by third parties, we expect that our providers negotiate in good faith and that they abstain from retaliating against them due to their legal participation in labor organization activities, pursuant to the applicable regulation.

Environmental Practices

Our providers shall conduct their business so that they protect and preserve the environment. We expect that our providers will adhere at least to environmental laws, standards and regulations in effect in all their operations and countries they conduct business in.

Communication

Providers are bound to communicate these “Guiding Principles for Providers of TM-ASSISTANCE” to their employees. These principles shall be handed in the local language and placed in visible spots. We also expect our providers to develop and implement internal mechanisms that allow monitoring compliance with this Guiding Principles.

Political and Charity Activities.

The provider may freely engage in political relations that it considers by free will. Likewise, it may assign its financial resources to assistencialist purposes as appropriate for the performance of such actions. TM-ASSISTANCE, acknowledges Socially-Responsible Companies.

Business Practices.

TM-ASSISTANCE binds itself to reject any unfair and restrictive practice in business relationships as well as fully respect the Laws that regulate them. Such laws compel us to give fair treatment our providers, clients and partners.

Should the provider suspect that actions restricting the trade relationship or granting unfair treatment by TM-ASSISTANCE’s employees are being performed, the former shall provide prompt notice to the Comptroller.

Practices at the Workplace

TM-ASSISTANCE supports fair employment practices within the domain of relations with our employees and which are in keeping with the commitment with human rights at the workplace. We also seek to provide a safe environment to work at. We obey all labor laws in effect in the countries we conduct business in, including local laws on compliance with working hours, compensation, the right of employees to choose whether they wish to be represented by third parties and negotiate collectively, as well as labor conditions and other similar activities. We seek to create a working environment where individuals are treated with dignity, equity and respect. We recognize, appreciate, respect and praise cultural differences and diversity of origin and thinking among our employees.

Workplace

All human beings shall be treated with dignity, equity and respect. We will promote an environment that includes everyone and encourages employees to develop and perform at their fullest potential, in consistency with a firm commitment with human rights at our workplace. For TM-ASSISTANCE, the workplace will appreciate and respect both ideas and contributions from everyone and encourage and award responsibility.

Environment

The form we conduct business with shall be performed so that the environment is protected and preserved. We will include principles of environmental leadership and sustainable development in all our business procedures and decisions.

Community

We will invest time, experience and resources to help develop the sustainable development of communities in association with local leaders. We will seek to improve quality of life though initiatives that are relevant for local communities in places we conduct business in.

Negotiations

TM-ASSISTANCE ensures that all negotiations adhere to a full, fair, exact, timely and comprehensible conduct.

The commitment that providers have with this Code of Ethics will allow us to meet the guidelines required by the applicable laws in Mexico and, in general, all countries we may have trade relations in at all times.

The fact that a provider reports a violation to this Code of Ethics or, in general, any Applicable Law, and that a procedure to assure compliance and ethical and honest conduct is derived therefrom, allows us to pay full attention to activities incurred in the development of our trade relations with our clients, investors, employees and business partners, who will appreciate that we are consistent with our manned of conducting trade relations in turn.

Compliance with the Law.

Both the acceptance of and commitment with this Code of Ethics by all those involved in the trade relationship allow performing our business according to the applicable Laws in any countries we develop the same at all moments.

TM-ASSISTANCE’s providers shall make the official commitment to respect and accept all Laws that apply in the country we conduct business in. Both TM-ASSISTANCE’s providers and those whose authorization is TM-ASSISTANCE’s responsibility will be required to fully meet at least the following standards in their operations:

- Laws and Regulations

The provider shall meet all laws, standards, regulations and requirements in effect in the performance and distribution of our products and services.

- Child Labor

The provider shall not use child labor pursuant to the definition thereof by local or federal laws on the matter, as well as respect international treaties.

- Forced Labor

The provider will not use forced or compelled labor

- Labor Abuse

The provider will not employ physical labor abuse.

- Collective Negotiation

The provider will respect rights that employees have to choose whether they wish to be represented by third parties and collectively negotiate pursuant to local laws.

- Wages and Benefits

Wages and benefits will be pursuant to local laws

- Working Schedules and Extra Time

Working schedules and extra time will be set according to local laws.

- Health and Safety

Working conditions will meet both local and federal regulations, including health protocols for health emergencies.

- Environment

The provider will meet all environmental laws in effect.

These minimum requirements will be part of all trade agreements, either recent or in renewal process, entered into between TM-ASSISTANCE and its direct providers. Providers shall be capable of showing full compliance with these requirements upon request by TM-ASSISTANCE.

TM-ASSISTANCE is entitled to inspect any place where a work, product or service is performed for TM-ASSISTANCE and, also, any provider that fails to meet these principles shall be subject to the termination of any agreement entered into between the latter and TM-ASSISTANCE.

Market.

We adhere to the highest ethical standards, as we know that the quality of our services, the integrity of our brands and the dedication of our people rely on trust and strengthen relations. We expect the same from our providers. We seek to serve persons accessing to our services through innovation, excellence in customer service and respect for peculiar and unique customs and cultures in communities we conduct business in. This is why the provider shall commit to the development of its activity as TM-ASSISTANCE’s provider pursuant to such guidelines.

Acceptance Responsibility.

All providers are responsible for implementing, following and accepting this Code of Ethics. Should the provider doubt the integrity or ethical nature of any activity or action, he/she shall consider:

  • Whether actions are developed completely according to applicable laws and this Code of Ethics.
  • Whether actions appear to contain an inadequate conduct.
  • Whether it commits honesty and fair treatment values.
  • Whether it commits the equal treatment recognized by TM-ASSISTANCE.

Money Laundering Prevention.

TM-ASSISTANCE has both the duty and legal obligation of preventing that funds of illegal origin access the company and reach the financial system. Therefore, all providers shall adhere to the fiscal legislation in effect, as well as the provisions in laws on the matter of money laundering prevention and financing of terrorism. This is why they commit to prevent their activities from incurring in money laundering and financing of terrorism pursuant to this Code of Ethics, reason why the shall adopt measures that they deem to be timely so as to avoid the violation or engagement in any illegal activity referred to in the Law through their operation.

Should the provider hold a reasonable doubt about any of the above points, it shall get in touch with the Comptroller and consider the beginning of the complaint of violations hereof pursuant to the established procedure.

Any provider that ignores or violates our standards of ethics, as well as any Manager or employee of TM-ASSISTANCE that exercises penalties or repression to providers for following the Code of Ethics, shall be subject to prompt corrective action, including, as the case may be, the separation of TM-ASSISTANCE’s employees and termination of trade relations with the provider.

Publishing of the Code of Ethics.

TM-ASSISTANCE shall disclose this Code of Ethics to all providers and, likewise, providers shall bring it to the knowledge of all employees taking part in the trade relationship with TM-ASSISTANCE

The promotion of ethical standards, conduct, handling of information, fair and equal treatment is the responsibility of all those taking part in the trade relationship.

Resignation.

This Code of Ethics applies to all TM-ASSISTANCE’s employees, Officers, Managers, and, in general, all our associates and providers, at all times. The resignation by provider employees does not exempt them from confirming their fulfillment of the ethics standards and responsibility that provider personnel accepts to keep the guidelines of this Code of Ethics.

Audit.

The provider may not accept or influence when TM-ASSISTANCE requests an audit to confirm the application of this Code Ethics among the values of its employees. TM-ASSISTANCE may summon provider employees to confirm that they:

  • Acccept the Code of Ethics and promote Ethics standards.
  • Have received and give a fair and equal treatment to all persons.
  • Know the procedure to report violations to this Code of Ethics and that they have the necessary information on the procedure.
  • They have reasonable doubt that an improper, unethical, discriminatory or unfair and unequal conduct es being developed.

Keeping the Promise: Citizenship Principles

Our reputation relies on trust. We shall develop our relations and continue laying foundation for that trust by being responsible citizens.

Wherever TM-ASSISTANCE conducts business, we look forward to being reliable partners and good citizens. We are committed to handle our business around the globe based on a set of values that are in keeping with the highest integrity and excellence standards. Such values are shared among our excellent personnel, which in turn allows our system to become stronger and more solid.

These essential values are the backbone of our success in business in the long term and shall be reflected in all of our relations and actions in the market, workplace, environment and community.

Last update : 08-02-2020

Última actualización 27/10/2020