FAIR OPERATING PRACTICES
BlueWhale believes in competing fairly in the marketplace. Therefore, all employees and managers are expected to follow competition laws throughout the world in connection with the conduct of the Company business. These laws (also known as antitrust laws in the U.S.) prohibit agreements that would restrain trade.
Antitrust law protects free, undistorted, and effective competition for the benefit of customers, companies, and society as a whole. Antitrust laws, amongst others, prohibit agreements and concerted practices between companies that restrict competition. Anticompetitive agreements include bid rigging and price agreements among competitors that allows a certain competitor to win the bid or market. Market, customer, or territory allocations, and project agreements with competitors may also violate antitrust laws if only one company can be the available choice for buyers in a given market. Abusing a dominant position is also prohibited. Agreements do not have to be signed contracts to be illegal. An informal understanding between competitors, or even a conversation that implies an understanding, may be a problem. If any of these topics come up with a competitor, employees should stop the conversation immediately and report it to the Company’s management or designated legal counsel.
BlueWhale is committed to being honest and truthful with all of its customers and Partners. Employees and managers should never misrepresent the quality, features, or availability of the Company’s products, and never do anything illegal or lacking integrity to win business.
Respect Intellectual Property Rights
BlueWhale’s most important assets are its intellectual property rights, including its trade secrets and proprietary information. BlueWhale owns the rights to all intellectual property created with Company materials or on Company time. Employees should maintain the confidentiality of BlueWhale’s trade secrets and proprietary information to protect the Company’s competitive edge. This obligation continues even after any termination of the employee’s employment with BlueWhale.
The Company also respects the intellectual property rights of others. BlueWhale expects its employees and Partners to respect the intellectual property rights of others, e.g. copyrights, patents, trademarks, trade secrets and confidential information and to act within the limits of licenses granted (e.g. with respect to software) to the Company. The Company also expects its employees, service providers and Partners to handle confidential information from BlueWhale and third-parties, such as competitors, customers, and other Partners, with reasonable care and in strict confidence.
Conflicts of Interest
Employees should always act in the best interest of their company. Therefore, a conflict of interest exists if the interests of an individual or of his/her close personal relations diverge from those of the company to which the individual belongs.
Conflicts of interest can hinder the success of a company, lead to economic damages and also tarnish the company’s reputation if they become public, for instance, if the conflict of interest leads to uneconomical decisions, if customers cease doing business with the company because they lose confidence in the integrity of the company or if restricted information is disclosed as a result. In some cases, conflicts of interest might also bear corruption or antitrust risks. Accordingly, employees should have no relationship, financial or otherwise, with anyone that conflicts, or appears to conflict, with the employees’ obligation to act in the best interest of their company. Therefore, BlueWhale employees and managers should avoid situations of conflicts of interests and create awareness to minimize the occurrence of such situations.
Partners must ensure that conflicts of interest are avoided wherever possible and, where unavoidable, are promptly and thoroughly disclosed to BlueWhale.