ebanx terms & conditions

Index

1. Introduction and Objectives

2. Scope and Users

3. Terms and Definitions

4. Directives

4.1. What must be done

4.1.1. Regarding gifts, presents and hospitality

4.1.2. Regarding conflict of interest

4.1.3. Regarding record of financial transactions

4.1.4. Regarding relations with public agents

4.1.5. Regarding relations with third parties

4.1.6. Regarding donations and sponsorships

4.2. What can never be done 

4.2.1. Regarding gifts, presents and hospitality

4.2.2. Regarding conflict of interest

4.2.3. Regarding record of financial transactions

4.2.4. Regarding record of financial transactions

4.2.5. Regarding relations with third parties

4.2.6. Regarding donations and sponsorships

4.3. Disciplinary Procedures

4.4. EBANX Helpline

5. Normative references

6. Publication and Distributing Policies

1. Introduction and Objectives

This  Policy  is  an  extension  of  EBANX  Code  of  Conduct. Its  purpose  is  to  establish the  expected  conduct  of ebankers within EBANX Holding LLC ("EBANX") and its subsidiaries regarding the prevention of  bribery and corruption.

EBANX strongly rejects bribery and corruption and has a zero tolerance regarding them, always looking for transparency and integrity in its business relations. Refusing to pay bribes is seen as something positive, even if such refusal may result in EBANX losing businesses.

2. Scope and Users

This Policy applies to every ebanker, all products and all EBANX’s companies in all EBANX locations, including:

● Partners and shareholders

● Directors

● Employees on a fixed-term or indefinite contract in any position

● Trainees

● Apprentices

Third parties acting jointly with or on behalf of EBANX are also required to comply with the rules established in this Policy.

The subsidiary entities of EBANX, controlled and affiliated, may establish additional regulations to this Policy, aimed at regulating the subject within their scope of action.

3. Terms and Definitions

Corruption and Bribery-Corruption is the behavior through which public or private agents abuse power in exchange of illegal advantages, in order to favor private interests from corrupters.

It increases business costs, generates uncertainty in negotiations, hinders economic growth and international trade and weakens democratic values. Despite relations with public agents being seen as more vulnerable to corruption, it is also relevant in the private sector. Bribery is a sort of corruption, consisting in intentionally offering,  implying,  authorizing  or  giving  an  advantage  to  someone  in  exchange  of  personal  gain,  with  the intention of securing or speeding up routine actions, usually by public officials.

Public Agents - For the purpose of this Policy, public agents are individuals with a mandate, job or function in all branches of national or local government, in foreign governments or in international organizations. The definition  also  includes  political  candidates  and  employees  of  foundations  and  of  government-owned businesses and organizations.

Gifts: institutional and promotional items, carrying an advertising message, distributed by any kind of legal entity as courtesy, advertisement or on occasion of events or commemorative dates. Must not be personal, meaning it must be offered to a group of people.

Presents:  valuable  items,  offered  to  selected  recipients  by  any  kind  of  legal  entity,  as  an  expression  of appreciation or goodwill. They may be personalized with the recipient’s name.

Hospitality: vacations, cruises, tickets, accommodation, meals, shuttle service and other services, related to entertainment or not, that aim to promote and/or demonstrate products or services. If the purpose of the services offered is only tourism, they are considered as presents.

Conflict of Interest: situation caused by the conflict between a personal interest (of an ebanker, of a supplier, of a client, etc) and a corporative interest, in which there is a loss to EBANX.

4. Directives

4.1. What must be done

4.1.1. Regarding gifts, presents and hospitality

● Only offer  or  accept  gifts,  presents  and hospitalities  when the  act  does not  influence  or  appear  to influence  our  decisions  or  those  of  the  individuals  we  do  business  with,  let  alone  generate  undue favors or appear to do so.

● Only offer  or  accept  gifts,  presents,  and hospitalities  if  the  item is  within the  value  allowed  by  the Gifts, Presents, and Hospitalities policy.

● Be always transparent, by reporting the offering and accepting of gifts, presents and hospitalities, as well as keeping record of expenses related to those items;

● When offering gifts, presents and hospitalities, abide by the receiver’s organization’s Code of Conduct, internal Policies and rules;

● When purchasing gifts, presents and hospitalities, abide by the Procurement Policy (ID 95), following the process described in the Procurement Standard (ID 101).

4.1.2. Regarding conflict of interest

● Ensure the existence of due processes for creating and revising functional structure of the areas, as well as for defining and assigning responsibilities, duly segregating activities and mitigating potential conflicts of interests;

● Ensure due process for payment, incentives and performance management;

● Ensure the existence of a system that allows restrict and controlled access to sensitive information, establishing an approval flow capable of checking access requests and if the access level is equivalent to  the  ebanker  position,  ensuring  confidentiality of  secret  information  and  avoiding  conflict  of interests;

● Avoid subordination relation between family members (spouse, partner or relatives up to the fourth degree,  by  consanguinity  or  affinity,  lineal  or  collateral;  for  example:  father,  mother,  children, grandparents, grandchildren, nephews and nieces, cousins, uncles and aunts, parents-in-law, siblings-in-law);

● Avoid subordination relation between people in romantic relationships;

● Avoid assigning responsibilities involving recurrent contact with public institutions to ebankers that have family members in decision-making position in those institutions; Using the Conflict of Interest Disclosure  Form  [https://app.pipefy.com/public/form/2CpOE4us]  to  identify  situations  that  might require your attention and EBANX’s attention.

4.1.3. Regarding record of financial transactions

● Record and document all financial operations according to legal, accountable and tax dispositions;

● Keep evidential records and documents filed for the period determined by legislation, so that they can be presented to regulatory bodies whenever requested.

4.1.4. Regarding relations with public agents

● Whenever possible, rotate functions of the ebankers whose responsibilities include frequent contact with public agents;

● When holding professional meetings with public officials, try to ensure the presence of at least two ebankers. We should strive to ensure that the meetings have a pre-established agenda;

4.1.5. Regarding relations with third parties

● Carry  out  Know  Your  Merchant  (KYM),  Know  Your  Customer  (KYC),  Know  Your  Partner  (KYP)  and Know  Your  Employee  (KYE)  processes,  so  that  Merchants,  End  Users,  ebankers,  suppliers  and providers abide by this Policy and by the EBANX Compliance Program;

● Add  anti-corruption clauses in  existing  and new  agreements  signed with Merchants,  suppliers  and partners;

● Pay agents, referrals and other intermediaries appropriate, justifiable and proportional remuneration for legitimate services executed;

● Monitoring Merchants, End Users, suppliers, providers and other partners’ conducts and terminate agreements in case any of those parties gets involved in corruption or bribery cases or in situations inconsistent with EBANX Compliance Program.

4.1.6. Regarding donations and sponsorships

● Make donations and establish sponsorships with primarily philanthropic goals, based only on social, cultural and educational interests;

● Obtain Legal and Risk & Compliance opinions validating the donation or the sponsorship;

● Obtain a proof  of  payment  from  the  receiving  institution, so  that  the  operation  is  duly  registered, according to the local legislation;

● Monitoring  donations  and  sponsorships  so  that  EBANX  is  sure  that  the  funds  were  used  for  the proper end.

4.2. What can never be done

4.2.1. Regarding gifts, presents and hospitality

● Exchange  gifts,  presents  and hospitalities  with public  agents  or  third parties  representing  them,  in any situation;

● Offer or accept any amount in cash money;

● Offer or accept gifts, presents and hospitalities with the  objective of influence our decisions or the decisions of those with whom we have business relations, or aiming to generate or seem to generate illegal advantages;

● Conceal the offering or the acceptance of gifts, presents and hospitalities;

4.2.2. Regarding conflict of interest

● Practice outside EBANX, in its own company or in another institution, a professional activity that is similar to the one executed in EBANX or that is related to EBANX business model;

● Use  EBANX  resources,  such  as  facilities,  equipment,  email  accounts,  software,  etc.,  for  private purposes;

● Use EBANX brand or any element of that brand for personal advantage and/or promotion; the brand must also not be used for the promotion of events to which EBANX is not officially related;

● Be  part  of  external  activities  that  involve  sharing  EBANX  intellectual  property  or  information  and knowledge that are considered confidential;

● Favor Merchants, End Users, suppliers, providers, competitors or other third-parties due to personal interest or due to the interest of related third-parties.

4.2.3. Regarding record of financial transactions

● Do not keep record or document any financial operation carried out by EBANX;

● Keep  evidential  records  and  documents  filed  for  a  period  of  time  shorter  than  determined  by legislation.

4.2.4. Regarding relations with public agents

● Violate or fail to obey any national, foreign or international anti-corruption legislation applicable to EBANX businesses;

● Promise, offer or give illegal advantage to public agent or another person associated with an agent;

● Block an investigation or an inspection from public organizations, entities or agents, or  interfere in their procedures, including regulatory agencies and supervisory bodies from local Financial Systems;

● Hiring former public officials, relatives of public officials, or individuals  related to public officials to serve as e-bankers without proper verification by the Compliance team

● Hiring  a company  owned by  a public  agent  or  individuals  related  to  public  officials  without  proper verification by the Compliance team.

4.2.5. Regarding relations with third parties

● Do not carry out Know Your Merchant (KYM), Know Your Customer (KYC), Know Your Partner (KYP) and Know Your Employee (KYE) processes;

● Ignore misconducts from third parties, especially if it violates this Policy, the EBANX Code of Conduct or any other EBANX Policy, procedure or rule.

4.2.6. Regarding donations and sponsorships

● Make donations, as a legal entity, to political parties, individual candidates or political campaigns;

● Make  donations  to  political  parties, individual  candidates  or  political  campaigns  as

a  private individual, when that individual is a shareholder or a member of the board of directors;

● Make  any  kind  of  contribution,  financial  or  in  kind,  to  political  parties,  individual  candidates  or political campaigns, in behalf of EBANX, its shareholders or board of directors;

● Make  donations  or  establish  sponsorships  that  aim  to  influence  business  decisions  or  to  serve personal advantages, being them direct or indirect;

● Make donations with religious purposes;

● Make donations in cash money;

● Make donations to private individuals;

● Make donations to institutions connected to public agents, to members of

public agents’ family or to another person associated with a public agent.

4.3. Disciplinary Procedures

Any  ebanker  that  breaches  this  policy  will  be  subject  to  disciplinary  measures.  The  violations  will  be  duly investigated,  according  to  the  Conduct  Committee  procedures, guaranteeing  anonymity  to  the  individuals involved. All ebankers have the obligation to

cooperate with ongoing investigations.

4.4. EBANX Helpline

Violations  to  this  Policy,  as  well  as  illicit  or  irregular  practices  or  other  matters  that  may  cause  losses  to EBANX, must be reported by ebankers or third parties using EBANX Helpline.

Website: www.ebanxhelpline.com

Phone number: 0800 512 5577

EBANX assures the Helpline secrecy and safety so that it can be used anonymously or not, with no risk of any sort of retaliation.

The Helpline is also the proper channel for suggestions and questions about the Compliance Program and its documents.

The online services are available in Portuguese, English and Spanish. The phone service is only available within Brazil and in Portuguese.

5. Normative references

ID 70- Code of Conduct

ID 95- Procurement Policy

ID 101- Procurement Standard

6. Publication and Distributing Policies

Any  new  policy  or  modification  of  an  existing  document  must  be  made  available  to  all interested  parties. Policies are available for consultation by ebankers on the OneTrust platform, in the “Policies” section. Public documents can be found on EBANX websites.