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Partner Code of Conduct

Order Penguin is committed to operating with the highest degree of integrity and in compliance with all applicable laws. We require all partners and associates (in any capacity) to share in this commitment, as well.

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It is your obligation to immediately report any known or suspected violations of this Code of Conduct (whether the violation is by you, your personnel, Order Penguin, or Order Penguin's personnel).

Labor, Health, Safety, & the Environment

You and your personnel are obligated to:​

  • Strictly comply with all applicable labor, health, and safety laws and regulations in all markets in which you operate, at both the federal and local level, including any minimum wage and maximum working hours requirements

  • Prohibit unlawful discrimination or harassment in the workplace, which includes any behavior that creates an intimidating, unsafe or hostile environment (note that this prohibition extends to your interactions with Order Penguin personnel, our Vendors, and Order Penguin customers)

  • Provide your personnel with safe and healthy working conditions, including by offering emergency training and resources, practicing industrial hygiene, and enacting equipment safety initiatives, as appropriate

  • Conduct your operations in ways that are environmentally responsible, meet the appropriate level of environmental due diligence

  • Comply with all environmental laws, regulations, and standards to ensure a safe work environment for your personnel

  • Make efforts to use energy efficiently, reduce pollution, and employ sustainability measures

Gifts & Unfair Competition

You and your personnel shall:

  • Comply with all applicable anti-corruption laws, which may include the U.S. Foreign Corrupt Practices Act, the Canadian Corruption of Foreign Public Officials Act, as well as any other applicable laws and regulations prohibiting public or commercial bribery, extortion, kickbacks, or other unlawful or improper means of conducting business

  • Comply with all applicable laws and regulations regarding fair competition and antitrust

  • Comply with all applicable import, export, customs, sanctions, embargoes, boycott and other trade compliance laws and regulations

  • Not directly or indirectly, give or receive (or authorize the giving or receiving) of anything of value (for example, money, gifts, favors, donations, meals, and entertainment, regardless of the amount) to secure an improper advantage, to induce anyone to improperly perform a function or duty, to reward anyone for the improper performance of a function or duty, or with the belief that the acceptance of the thing of value is improper

  • Not promise, give, or authorize the provision of “facilitating payments” to expedite or secure the performance of non-discretionary, routine governmental duties, even if permitted by applicable law

  • Not offer, promise, or give, gifts, hospitality and/or travel to government officials on Order Penguin's behalf for the purpose of improperly obtaining or retaining business or securing an improper business advantage

  • Not use forced, involuntary, or child labor

Confidentiality & Information Privacy

You and your personnel shall:

  • Comply with all applicable data privacy laws and regulations when processing the personal or identifying information of anyone with whom you conduct business, which may include suppliers, customers, consumers, and employees

  • Strictly safeguard the data and information privacy of any personal information you receive from or through Order Penguin (see Order Penguin's Privacy Notice)

  • Make reasonable and industry standard efforts to keep data secure and confidential at all times

  • Not share or disclose Order Penguin's intellectual property, confidential information, or any other proprietary information that you may acquire or have access to through your relationship with Order Penguin. This includes, but is not limited to, information developed by you in connection with your engagement with Order Penguin and any information relating to Order Penguin products, Order Penguin customers, Order Penguin Vendors, Order Penguin personnel, pricing, costs, strategies, programs, processes, and practices. If you have executed a non-disclosure agreement with Order Penguin, that agreement will supercede this section.

Books & Records

You and your personnel shall:

  • Cooperate fully with Order Penguin in any government audits to the extent relevant and applicable to you

  • Keep accurate books, accounts, and records for all transactions related to your business with Order Penguin

  • Not use fictitious, inaccurate, or misleading documents to support transactions related to business with Order Penguin

  • Not engage in false or misleading accounting practices, such as using undisclosed or unrecorded payments

Placement on the Platform

Order Penguin reserves the right to take into account the impact of a Vendor's conduct on both the customer experience and the Order Penguin brand when determining the Vendor's prominence and / or availability on the Order Penguin Platform. That conduct includes but is not limited to timeliness and accuracy of orders fulfilled, customer ratings and reviews, customer concerns regarding equipment condition and functionality, detrimental price inflation and / or customer complaints about price inflation, and any other conduct that may violate our Partner Code of Conduct.

Failure to Comply

Failure to comply ​with this Code of Conduct will be considered a breach of your contract with Order Penguin, and may result in Order Penguin terminating its business relationship with you immediately. To the extent your contract contradicts or supplements this Code of Conduct, the contract shall govern as it applies to that contradicting or supplemental provision.

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