Rules of conduct for external partners
(members of the expert committee, speakers, lecturers, examination experts, supervisors and all other contractors/service providers)
Purpose and content
This Code of Conduct includes rules on data protection and the handling of confidential data, the acceptance of gifts (corruption) and bribery, competition, discrimination, bullying, sexual harassment, the consumption of alcohol and drugs and the like.
These rules of conduct are aimed at all persons who work for EXPERTsuisse as contractors/providers of services (whether unpaid or paid), namely expert committee members, speakers, lecturers, examination experts and supervisors (hereinafter referred to as "militia personnel").
General duty of care and loyalty
The militia members must carry out the tasks assigned to them with due care and safeguard the interests of EXPERTsuisse. When dealing with clients and other dialog partners, the militia members are aware of their role and their service mandate.
They are required to actively inform EXPERTsuisse of all events relevant to the collaboration, in particular relevant changes in personal circumstances (changes of address, changes in bank details, etc.) and important operational events (in particular any difficulties and shortcomings that become known). Ideas and suggestions for improving the company are always welcome. You must handle the work equipment provided to you (computers, projectors, books, etc.) carefully and professionally.
Every militia member is personally obliged to comply with the guidelines/rules contained in this Code of Conduct and the supplementary regulations for as long as they are working in the service of or on behalf of EXPERTsuisse
.Data protection and handling of data
The militia members are obliged to comply with the principles of data protection. Personal data, such as information about members, students and other customers, may only be collected, stored, processed, forwarded or used in any other way in accordance with the Data Protection Act. They must be stored securely and protected against unauthorized access and transmission. Accordingly, all military personnel ensure that data in their area is handled with care (do not leave any data open, lock computers, etc.).
They ensure that data is only processed for the purpose stated when it was collected. The use of the data must be transparent for the persons affected by the data processing. Your statutory rights (e.g. to information) must be safeguarded.
Any breach of data protection or loss of confidential data must be reported immediately to the EXPERTsuisse data protection officer,
and inquiries regarding the disclosure of data to third parties must be addressed to the EXPERTsuisse data protection officer.
Corruption and bribery
EXPERTsuisse's military personnel are prohibited from engaging in any active or passive bribery.
In connection with their activities, EXPERTsuisse's military personnel are in particular prohibited from accepting or being promised personal gifts, commissions and other benefits (such as invitations) directly or indirectly from third parties or offering these to third parties. This does not apply to courtesy gifts of low value.
In case of doubt, the HR manager should be consulted. In the case of gifts with a higher value, the management must be informed, which then decides how to proceed with the gift.
If the above rules are violated through corrupt behavior, the person concerned is primarily liable and will be prosecuted. There is a risk of fines and imprisonment.
Fair competition
EXPERTsuisse is committed to fair and open competition. The rules of antitrust law must therefore be fully complied with at all times. Agreements of any kind or concerted practices (e.g. informal cooperation) with competitors or customers that are aimed at restricting competition or that have an anti-competitive effect may constitute violations of antitrust law. This includes, for example
- Price fixing (e.g. also on price components such as discounts, margins or costs) and agreements to share markets;
- Allocation of customers (e.g. agreeing not to compete, restricting business relationships with third-party companies, submitting sham bids for tenders or agreeing to submit excessive bids);
- Exchange of information with competitors (e.g. on prices, discounts, strategic plans that are not generally known, etc.);
- regulations to downstream companies (e.g. customers of EXPERTsuisse) regarding minimum sales prices, prohibition of passing on discounts, etc.
In the event of any doubt as to whether conduct may be in breach of antitrust regulations or the rules of fair competition, the persons concerned must contact the HR manager.
Conflicts of interest
EXPERTsuisse militia members are obliged to make business decisions in the best interests of EXPERTsuisse and without regard to personal interests. If situations arise that cannot be avoided in which the personal interests of the person concerned (including relatives) impair their impartiality for business decisions, the HR manager must be informed immediately.
Prohibition of discrimination, bullying and sexual harassment
All EXPERTsuisse military personnel are entitled not to be discriminated against on the basis of their gender, marital status, nationality, sexual orientation or religious beliefs.
EXPERTsuisse does not tolerate discrimination or bullying of any kind. Bullying means that someone is deliberately harassed, harassed, insulted and thus ostracized by colleagues and/or superiors repeatedly and regularly over a longer period of time.
Sexual harassment, in whatever form, is not tolerated by EXPERTsuisse. Sexual harassment includes lewd and ambiguous comments about the appearance of women and men, sexist remarks or jokes about sexual characteristics, sexual behavior and the sexual orientation of women and men; unwanted invitations with clear intent, unwanted physical contact, the display, showing or hanging of pornographic material or similar incidents.
EXPERTsuisse militia members are called upon to actively defend themselves against discrimination, bullying and sexual harassment and to take action if they observe such incidents
.Dealing with the consumption of alcohol, tobacco and drugs
The consumption of alcohol and drugs is prohibited during working hours. Business meals and festive business events are excluded from the rule regarding alcohol.
Smoking in the workplace is not permitted. Smoking is permitted during breaks and outside the building. Smoking in groups should be avoided in front of the main entrances.
Duty of confidentiality and intellectual property
EXPERTsuisse militia personnel may not illegally obtain or use confidential or copyrighted information. You are obliged to maintain confidentiality regarding confidential internal and other protected information (in particular intellectual property, business ideas, strategies, databases, offers, customer directories, etc.). Business secrets of EXPERTsuisse must be protected and may not be passed on to third parties (including family members and friends) or used in any way by the client.
The above obligations also apply after termination of the employment relationship or collaboration. All documents and data carriers must be returned at the time of termination of the employment relationship or cooperation.
Every militia member is obliged to protect the intellectual property and other company secrets, documents and data carriers of EXPERTsuisse from unauthorized access by third parties and unauthorized use by third parties.
Third-party intellectual property (e.g. copyrights to software, images, music, etc.) must always be respected and may only be used with the consent/licensing of the owner of the property rights.
Enforcement of the rules of conduct
Offer for whistleblowing: If there is any suspicion of a breach of the Code of Conduct, any person is requested to inform the HR manager; in the case of a member of the Executive Board, the President of EXPERTsuisse is responsible. Reports can also be made anonymously.
All reports will be processed and treated confidentially. If there are any uncertainties or questions, the HR manager can also be contacted for advice at any time.
No person who makes a report in good faith need fear any disadvantages, even if the report proves to be unfounded.
Breaches of the rules in connection with this Code of Conduct may lead to consequences/sanctions (warnings up to termination of the cooperation without notice) depending on their severity. There is then the threat of claims for damages against the person concerned as well as criminal prosecution. In the event of criminal acts, the EXPERTsuisse management shall decide whether to file a criminal complaint (or a criminal complaint in the case of offenses for which an application has been made). In addition, under Swiss criminal law, any person is entitled to report criminal offenses to a prosecuting authority in writing or verbally.