TMCOMAS ETHICAL CHARTER

Throughout its history, TMCOMAS has fostered an ethical business culture, and this Charter aims to continue along the same path, reaffirming a business culture that respects the law.

All decisions taken by TMCOMAS to develop its business are based on ethical criteria and strict compliance with the relevant laws. The company’s administration and management are unequivocally committed to passing on these ethical principles to all staff.

People are TMCOMAS’s main asset and its key differentiator. It is essential to have a well-defined framework for action to ensure the proper day-to-day development of each one of them. A framework that takes the company’s values as its starting point and defines the general guidelines for behaviour around which all activities are developed, such as sustainability, efficiency, commitment and experience.

Our commitment to implementing these values effectively is reflected in all the rules we have incorporated into our internal operational development.

TMCOMAS carries out Risk Prevention, Labour and Ethics audits, as well as Corporate Social Responsibility audits.

Various internal protocols have been created to reaffirm the ethical perspective of our corporate culture:

• Work Council
• Equality Plan
• Protocol for the prevention and treatment of sexual harassment in the workplace
• Data Protection Policy in accordance with the Organic Law on the Protection of Personal Data and the Legal Guarantee of Digital Content  
• Protocol for the management of the Internal Information System

All these internal guidelines and regulations must be accompanied, when put into practice, by an ethical attitude and behaviour, showing consideration and responsibility towards the various people with whom we have daily relations.

The main purpose of this Ethics Charter is to define our ethical model of conduct.

What is the Ethics Charter?

Ethics is the basic principle that enables companies in the 21st century to fulfil their obligations correctly and to guarantee a balance between the rights and obligations of various parties involved: employees, partners, customers, suppliers, service companies, competitors and society in general.

The TMCOMAS Code of Ethics is a set of rules whose primary objective is to establish the ethical principles and fundamental lines of conduct that must govern the behaviour and actions, both internally and externally, of all persons working at or for TMCOMAS, and to prevent, detect and eradicate behaviour that is irregular or contrary to current and applicable legislation.

It is a framework for behaviour that does not replace internal rules and regulations but rather supports and complements them.

This Code of Ethics has been promoted by TMCOMAS management, which has undertaken to ensure that it is communicated, trained and monitored to ensure that it is used correctly.

Who is involved?

This Code of Ethics applies to all persons who provide services to TMCOMAS, whether they are partners, directors of the company or employees, and they must adapt their conduct to the standards defined in the Code.

Similarly, customers, suppliers, consultants and any other person or entity who meets TMCOMAS for professional or commercial reasons must also be aware of this charter.

Basic driving principles

– Comply with all national and international legislation and regulatory obligations affecting TMCOMAS’s business.

– Promote equal opportunities and treat all staff with dignity, respect and fairness, without discrimination of race, religion, age, nationality, gender or any other personal or social condition unrelated to merit and ability.

– Integrating disabled people into the company, removing any obstacles to their integration in the workplace.

– Prohibit all forms of violence, harassment or physical, sexual, psychological or verbal abuse of employees, as well as any other behaviour likely to create an intimidating, offensive or hostile working environment.

– To ensure health and safety at work, adopting reasonable measures to maximise risk prevention in the workplace.

– Use internal and external information provided for the development of our business in a responsible and confidential manner, in particular personal data, complying with the provisions of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and on the legal guarantee of digital content.

– Ensuring the correct and reasonable use of the company’s property and assets, whether physical (tools, vehicles, furniture, …), financial, technological or related to intellectual, capital, by ensuring that they are not wasted, damaged or lost.

– Do not come to the workplace under the influence of toxic substances and/or alcohol or consume them during the working day.

– To ensure that all the company’s suppliers uphold the image and reputation of TMCOMAS in their professional actions, avoiding any behaviour that could damage it and that could have a negative impact on the company’s activities and image. This involves various actions, in particular:

  – Ensuring that suppliers and employees respect and make the best possible use of the company’s image and reputation.

  – Apply due diligence to ensure the good repute of collaborating companies, always complying with established internal rules and attempting to introduce regulatory compliance clauses into its relationship wherever possible. Ensure that they have adequate compliance programmes in place while being able to carry out, if circumstances require, the counterparty due diligence process, including the counterparty’s reputational risk in its analysis.

3a) In relation with Customers / Public Administration

– No payment in cash or in kind or any other advantage may be made or offered, directly or indirectly to a person in the service of the public or private entity, a political party or a candidate for public office, with the intention of illegally obtaining or retaining a contract or other advantage.

– To maintain the highest possible commitment to honesty and professional responsibility in all dealings with customers.

– To be responsible in the provision of our services, striving for the highest quality and always ensuring the safety of our customers.

– Protecting the information and data entrusted to us by our customers.

– Maintain the principle of political neutrality, regardless of personal views.

3b) In relation with Suppliers.

– Establish a relationship of trust and mutual benefit with suppliers.

– Select suppliers fairly and based on objective and transparent commercial criteria, without preferential treatment.

– Meeting our commercial commitments in terms of time and content.

– Giving priority to those companies that demonstrate a responsible attitude to Corporate Social Responsibility.

– Compliance with the Charter will form an integral part of supply or service contracts and will therefore be appended to the contract.

3c) In relation with the Sector and Competition.

– Contribute through our actions to protecting and enhancing the sector’s reputation.

– Competing ethically in the marketplace, by being respectful and avoiding unfair competition, which consists of capturing our competitor’s customers using unethical methods.

– Comply with the precepts of Law 15/2007 of 3 July on the Defence of Competition, and particularly those set out in Article 1 of Chapter One on collusive behaviour, which defines prohibited practices such as price-fixing or market-sharing agreement, among others, that restrict or distort the rules of the market.

Basic principles of conduct when using the company’s IT tools.

– The company’s computers and any other IT tools are for specific use only in carrying out professional activities.

– In this respect, as e-mail is a working tool, the company reserves the right to monitor and access e-mail address, to check that they are being used correctly for the transmission of information on the network and of electronic documents belonging to the company or made available to it, as stipulated in the internal regulations on the use of IT equipment.

– The company’s IT specialists will be solely responsible for defining the basic hardware and software configuration of the IT equipment and for administering Internet access. They will be able to review the content of this equipment with a view to ensuring its maintenance.

– Any information created, stored and/or sent from TMCOMAS’s IT equipment and systems is its exclusive property.

– Access to the company’s computers or any other IT equipment will be protected by a username and password which must be controlled and kept secret, with the obligation to communicate any possible security risk or incident.

– No application may be installed without the express authorisation of the IT department.

– No equipment configuration or software installation will be permitted without the express written authorisation of the IT department. Only authorised department staff may carry out equipment administration tasks.

– The use of the company’s IT systems for personal purposes must be occasional and may under no circumstances interfere with professional activity. The company’s management may limit or cancel any type of use if it deems it necessary.

3d) Data Protection

– TMCOMAS staff are required to maintain the strict confidentiality of information relating to its customers, employees, suppliers, products, services and management, accounting and strategic systems, throughout the duration of the business relationship and after the termination of the business.

– No data, document or information may be used for personal purposes or for its own benefit.

– The company’s confidential information may not be shared with external parties unless this is essential and complies with the Organic Law on the Protection of Personal Data and the guarantee of digital rights.

3e) Intellectual Property

– All TMCOMAS employees are obliged to protect the company’s intellectual property rights. Intellectual property rights, understood as knowledge, applications and processes, developed within the company are its exclusive property.

Code of Conduct for Senior and Middle Management

People in positions of responsibility have a duty and an obligation to be exemplary in the application of this Code of Ethics, ensuring that it is respected and developed. In addition to the obligations arising from their position and this Charter, they will have to following responsibilities:

– Be familiar with and apply the provisions of the Charter relating to its areas of activity and responsibility, setting an example of commitment and involvement.

– Promote the company’s values and its commitment to the Charter within its work teams and among the people who report directly to its management.

– Encourage and facilitate the training of its teams to ensure optimum implementation of this Charter.

– Leading our teams without discrimination of any kind, promoting diversity and equal opportunities.

– Do not ask your team to carry out tasks of a personal nature or outside the scope of the company’s activities.

– Distribute tasks and responsibility fairly and equitably, avoiding situations of overload or under-utilisation.

– Not taking advantage of his position of command for personal gain.

– Management and middle management are responsible for disseminating and applying the contents of the company’s Code of Ethics and for involving all employees in its implementation with full knowledge of the facts.

Data Protection Policy

During its business, TMCOMAS obtains personal data from its customers, employees, suppliers and others. Employees have the duty and obligation to comply with the regulations of Organic Law 3/2018 on the Protection of Personal Data and the guarantee of Digital Rights.

Equality Committee

TMCOMAS employees have an Equality Committee within the company capable of resolving any problem that may arise in relation to this issue.

Equality Plan

The company’s management supports equality between women and men by creating and developing the Equality Plan, committing itself to making it effective and ensuring that it is properly implemented.

Workplace Harassment Protocol

TMCOMAS employees must work in a safe, respectful and professional environment. For this reason, the company’s management has put in place a protocol for preventing and dealing with harassment in the workplace.

Internal Information System

TMCOMAS management has developed and continually implements a criminal risk prevention system that includes responsibility for compliance with the rules and an ethical communication channel aimed at preventing and detecting possible offences that could be committed while developing the company’s business.

The person designated as responsible for compliance with the rules is also responsible for monitoring and controlling the correct operation of the Internal Information System and the ethical communication channel, and to this end is the person responsible for its management.

The ethical communication channel is a tool that enables any employee, supplier or customer to inform the company in a confidential and secure manner of possible irregular or illegal conduct or conduct that contravenes the company’s Ethics Charter.