Background & Purpose
For the purpose of this Third Party Code of Conduct, Instant Development BV, Foleon BV, and Foleon Inc. will collectively be referred to as "Foleon."
“Third Party” refers to any individual or entity that is subcontracted to work for or with Foleon or that provides products, services, or solutions to Foleon, either directly or indirectly, in the course of conducting business. This includes, but is not limited to, suppliers, vendors, contractors, consultants, subcontractors, and service providers. Third Parties are expected to adhere to the standards outlined in this Third Party Code of Conduct, regardless of their geographical location or the nature of their work.
Foleon is committed to conducting business in a responsible and ethical manner. As a Third Party, you are a critical partner in ensuring that we meet our obligations to customers, stakeholders, and society. This Third Party Code of Conduct (the “Code”) outlines our expectations for legal, ethical, sustainable and responsible conduct.
By agreeing to this Third Party Code of Conduct, Third Parties affirm their commitment to conducting business in a legal, ethical, sustainable, and responsible manner.
This Code forms the foundation of our partnership and is essential for the mutual success of both Foleon and its Third Parties.
This Code complements, but does not override, the specific terms of any agreement between Foleon and the Third Party.
1. Compliance with Laws and Regulations
This Code applies globally and requires compliance with local laws in all jurisdictions in which the Third Party operates. Third Parties must comply with all applicable laws and regulations, including but not limited to those relating to labor, health and safety, the environment, and anti-corruption in all the regions in which they operate.
For illustrative purposes, examples of applicable laws within the Netherlands and the United States are provided. Third Parties are obligated to ensure compliance with these, as well as all other applicable local and international laws
Applicable laws and regulations for the Netherlands may include but are not limited to:
- Dutch Anti-Corruption Act
- GDPR
- Dutch labor laws and EU labor standards
- EU Competition Regulation
- Dutch Whistleblower Protection Act
Applicable laws and regulations for the United States may include but are not limited to:
- Foreign Corrupt Practices Act (FCPA),
- Occupational Safety and Health Act (OSHA),
- California Consumer Privacy Act (CCPA)
- Fair Labor Standards Act (FLSA) and state labor laws
- Sherman Antitrust Act
- Dodd-Frank Act
2. Human Rights and Labor Standards
Third Parties must uphold the fundamental human rights of their workers, in accordance with international conventions such as the International Labour Organization (ILO) standards and the Universal Declaration of Human Rights. This includes:
- No forced labor, human trafficking, or slavery.
- No child labor.
- Equal opportunity (diversity, equity and inclusion) and non-discrimination in the workplace.
- Fair wages and working hours, compliant with local labor laws.
- Right to form and join unions or worker organizations freely.
- Adequate health protection and occupational safety measures in the workplace.
3. Data Privacy and Security
If the Third Party has entered into a Data Processing Agreement (DPA) with Foleon, the terms of that agreement will govern the processing of personal data.
Third Parties must also ensure full compliance with all applicable data protection laws and regulations in the jurisdictions where they operate, including but not limited to the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and other relevant national or regional privacy laws.
Third Parties are required to implement appropriate technical and organizational measures to safeguard personal and sensitive data against unauthorized access, data breaches, theft, and misuse. This includes ensuring secure data storage, processing, and transmission in accordance with industry standards and best practices.
Third Parties must notify Foleon of data breaches immediately after becoming aware of such breach. This is, without detriment to the provisions set out in GDPR and CCPA.
4. Environmental Sustainability
Third Parties must work to minimize their environmental impact by adopting sustainable practices. This includes reducing waste, conserving energy, minimizing carbon emissions, and complying with environmental laws. Third Parties should monitor their energy consumption, implement energy efficient solutions, reduce consumption of resources including but not limited to electricity, gas, and water. Third Parties must place efforts into using green energy and converting from fossil fuels. Third Parties must aim for continuous improvement of sustainability.
5. Anti-Corruption and Ethical Business Practices
Third Parties must engage in ethical business practices, rejecting all forms of bribery, corruption, and unethical conduct.
Third Parties must not offer gifts, entertainment, or other benefits that could improperly influence business decisions.
Third Parties must avoid conflicts of interest and ensure that all business transactions are conducted with integrity and transparency.
6. Fair Competition and Intellectual Property
Third Parties must ensure fair competition, fair marketing and fair business in their operations.
Third Parties must comply with antitrust and competition laws and respect the intellectual property (IP) rights of Foleon and third parties.
Third Parties must take care to prevent infringement on the intellectual property rights of others and ensure proper handling of IP within their operations.
7. Inside Information and Relevant Prohibitions
Third Parties must take adequate measures to prevent inappropriate disclosure, access, or trading of any inside information about Foleon or its customers that they learn of or that becomes known to them. They must ensure that such information is kept confidential and handled with due care.
8. Monitoring and Audits
Foleon reserves the right to audit Third Parties’ compliance with this Code. Audits may include on-site inspections, requests for information, or completion of questionnaires. Third Parties must maintain accurate records and provide access to information upon request. Foleon may terminate its relationship with any Third Party who fails to comply with this Code.
9. Reporting Violations and Whistleblower Protection
Third Parties and their employees must report any known or suspected violations of this Code, applicable laws, regulations, or unethical behavior to Foleon immediately upon discovery. This can be done confidentially, and if preferred, anonymously by using the Whistleblower Reporting Form or by sending an email to whistleblower@foleon.com. Foleon strictly prohibits any form of retaliation against individuals who raise concerns in good faith. Likewise, we do not allow personal or false attacks.
Third Parties are expected to establish and uphold a whistleblowing mechanism that allows their employees and business partners to confidentially report concerns or potential violations. This channel should be tailored to the Third Party’s organization and comply with relevant legal and regulatory requirements. Third Parties must ensure strict confidentiality for whistleblowers, enforce a zero-tolerance policy on retaliation, and adhere to all applicable whistleblowing laws and protections. Third Parties must ensure the safety and confidentiality of employees that report. Whistleblowers must not face retaliation for reporting misconduct.
10. Commitment to Continuous Improvement
Third Parties are expected to continuously improve their practices to meet or exceed the standards set in this Code.
