Policies
1. INTRODUCTION TO THIS PRIVACY POLICY
1.1 This Privacy Policy is issued by EV Connection Sdn Bhd (Reg No.: 201601026693/1197632-A) (referred to as “EVC,” “we,” “us” or “our”) and it shall govern and apply to anyone (referred to as “you” and/or “your”) accessing or using our website located at www.ev-connection.com, www.jomcharge.com, our mobile application, and any other domains (collectively referred to as the “EVC Platform”) owned and/or operated by EVC.
1.2 For the purpose of this Privacy Policy, the terms “personal data” and “processing” shall have the same meaning as prescribed in the Personal Data Protection Act 2010 (referred to as “the Act”).
1.3 At EVC, we take your privacy serious and we are committed to comply with all applicable data protection measurement as prescribed by the Act and/or other applicable laws.
1.4 This Policy summarises what personally identifiable information we may collect, how we process it, how we store it and how we might use this information. This policy also describes other important topics relating to your privacy.
1.5 By you accessing EVC Platform, you acknowledge that you have been notified of and understood the terms of this Policy and that you have agreed and consented to the collection, use, disclosure and/or processing of your personal data as stipulated in this Policy.
2. HOW WE COLLECT DATA
2.1 Personal data means any information, whether recorded in a material form or not, from which your identity is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.
2.2 EVC will only collect personally identifiable information (including but not limited to name, date of birth, identification number, company name, address, telephone number, e-mail address, vehicle registration number and others) that you voluntarily provide through our Site. Our host web server tracks and collects general information about your visits to EVC Platform. While IP addresses (the Internet address of a computer) are logged to track a user’s session, the user remains anonymous. We analyse this data for certain trends and statistics, such as which parts of our site users are visiting, how long they spend there, the visitors’ domain names and what states or countries those requests come from.
2.3 EVC also requests and collects personal data from you at various site locations and instances, including, but not limited to, when you access to EVC Platform and registering an account, communicate with us via social media, write a public review, participate in events, contests, or promotions, contact our customer care team, or post other customer-generated content to EVC Platform. These are currently the primary ways in which we gather information, however, we may also collect data through other channels in the future.
2.4 By communicating with EVC, including (but not limited to) by email and by completing online forms, you are giving your consent to the collection of what Personal Data you provide.
3. PERSONAL DATA YOU PROVIDE TO US
3.1 We receive and store any information you knowingly provide to us, such as:
- Full name;
- Date of Birth;
- Identification Number / Passport Number;
- Nationality;
- Email address;
- Phone number;
- Correspondence Address;
- Billing information and payment details (such as billing address, credit card details, and other sensitive financial information, specifically for the purpose of payment gateway);
- Vehicle registration number;
- Driving license details;
- A record of Charging History including the date, time, location coordination and other data captured by EVC Platform;
- Information provided by you through your interactions with us in social media;
- Other details that you may submit to us or that may be included in the information provided to us by third parties.
4. WHY DO WE COLLECT YOUR PERSONAL DATA?
4.1 We use your Personal data for certain purposes, including but not limited to the following:-
- To facilitate your use of our services or access to the EVC Platform, including responding to your queries, feedback, claims or disputes;
- To provide our products and/or services to you and to verify your identity;
- To deliver the products and/or services you have subscribed through EVC Platform and to track the delivery status of the products and/or services. We may pass your personal data to a third party in order to complete the delivery of the products/services to you (for example to our roaming partners EVC Platform, third party payment gateway providers);
- To process, managing and administer your account and subscription registered with us;
- To verify and carry out financial transactions in relation to payments you make online either through us directly or through our third party service provider;
- To audit the downloading of data from EVC Platform;
- To improve the features of EVC Platform and customise them for your better user experiences
- To identify visitors on EVC Platform;
- for any purposes relating to business development, market surveys/research and trend analysis such as evaluating the effectiveness of our marketing or advertising content, data analytics and identifying your requirements and preference;
- To provide you with information we think you may find useful or which you have requested from us, including information about our products and services, provided you have indicated that you have not objected to being contacted for these purposes;
- To promote our products and/or services and use information that you give to us, such as user-generated content (including video content) that you can choose to broadcast on our Site, as part of our advertising and marketing campaigns to promote EVC Platform;
- To process any complaints, feedback, enforcement action and take-down requests in relation to any content you have uploaded to EVC Platform;
- for our internal management and administrative purposes, including without limitation for purposes related to risk management and assessment, audit purposes, and data storage and management;
- To comply with the requirements imposed by applicable laws and regulations or other obligations committed to government or regulatory authorities;
- We may also use your personal data to send you marketing or promotional materials about our or third-party sellers’ products and services from time to time, unless you choose to opt-out from receiving these materials;
- We may also conduct automated-decision making processes in accordance with any of these purposes; and/or
complying with any legal or regulatory requirements.
4.2 You acknowledge and consent to EVC sharing anonymised information (including but not limited to aggregated information and/or behavioural-based information) with our selected third- party providers to achieve the advertising strategies.
4.3 You may unsubscribe from receiving marketing information at any time by using the unsubscribe function within the electronic marketing material. We may use your contact information to send newsletters from us and from our related companies.
4.4 In exceptional circumstances, we may be required to disclose personal data, such as when there are grounds to believe that the disclosure is necessary to prevent a threat to life or health, or for law enforcement purposes, or for fulfilment of legal and regulatory requirements and requests.
4.5 We may share and permit the sharing of your personal data with third parties and our affiliates for any of the abovementioned purposes, including but not limited to, facilitating your use of the Services, completing a transaction with you, managing your account and our relationship with you, marketing and fulfilling any legal or regulatory requirements and requests as deemed necessary by us. In sharing your personal data with them, we endeavour to ensure that the third parties and our affiliates keep your personal data secure from unauthorised access, collection, use, disclosure, processing or similar risks and retain your personal data only for as long as they need your personal data to achieve the abovementioned purposes.
4.6 If you are located in Malaysia, we may transfer or permit the transfer of your personal data outside of Malaysia for any of the purposes set out in this Privacy Policy.
5. SAFEGUARD OF YOUR PERSONAL DATA
5.1 We take all reasonable steps to keep your Personal data secure in a combination of secure computer storage, hard copy files and other records. Steps are taken to protect the personal data we hold from misuse, loss, unauthorized access, modification or disclosure.
5.2 If you believe that your privacy has been compromised, please contact our Compliance Officer through our customer service link at cs@ev-connection.com.
5.3 You should be aware, however, that no method of transmission over the internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.
6. DISCLOSURE OF PERSONAL DATA
6.1 EVC does not share the Personal data of its users with any unaffiliated third parties for their promotional purposes. However, we use a third party payment processor to ensure the payment and delivery of your purchased products and/or services. We may use other third parties for other services from time to time. These third parties have no authority to use your personal data for their own promotional purposes. These third parties will only have limited access to your Personal data in order to help complete transactions.
6.2 Because EVC considers the Personal data we maintain to be confidential, our policy is not to disclose the Personal data to third parties (except as described above) or unless such disclosure is mandated by law or is pertinent to judicial or government investigations or proceedings. We reserve the right to disclose Personal data to our service providers, the government, law enforcement agencies, or other third parties under certain circumstances where a formal request has been made (such as in responding to a court order, subpoena, o judicial proceeding) as EVC, in our sole and absolute discretion, deems necessary and appropriate.
6.3 In the event of a sale, merger, or transfer of some or all of EVC’s assets, or dissolution or bankruptcy, your Personal data may be transferred to an unaffiliated third party as part of or apart from other transferred assets or assets. Any transfer will then be governed by and be the responsibility of any purchaser of or successor to the transferred assets or assets. We shall notify you by a notice on the home page of any change in the information practices governing your Personal data as a result of any transfer of assets or any asset change in ownership, and your choices in how your information is used.
7. UPDATING YOUR PERSONAL DATA
7.1 To maximize your user experience on EVC Platform, it is important that the personal data you provide to us is accurate and complete. You are responsible for informing us of changes to your personal data, which may be inaccurate, incomplete, misleading or out of date.
7.2 You can update your personal data anytime by accessing your account on EVC Platform. If you are unable to update your personal data through your account, you can do so by contacting our Compliance Officer through our customer service link at cs@ev-connection.com.
8. ACCESSING YOUR PERSONAL DATA
8.1 You have the right to request information about your personal data which we have collected, or enquire about the ways in which your personal data may have been used, disclosed or processed by us, please contact our Compliance Officer through our customer service link. EVC reserves the rights to request further information from you for the purpose of verifying your identity and to facilitate processing your request.
8.2 We reserve the right to charge a reasonable administrative fee for retrieving your personal data records.
8.3 We will respond to your request as soon as reasonably possible. If we are unable to respond to your request within twenty-one (21) days from the date of your request, we will inform you in writing. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the applicable data protection laws).
9. LINKS TO THIRD PARTY SITES
9.1 Our Site may contain links to other sites. We do not endorse or otherwise accept responsibility for the content or privacy policies of those sites. However, we encourage you to read the privacy policies of each website you visit prior to disclosing your Personal data.
10. USER GENERATED CONTENT
10.1 Any Personal data or image content you voluntarily disclose online in a manner that other users can view (including, but not limited to: product reviews, comments, posts on social media pages, and etc.) becomes publicly available, and can be read, collected, and used by other members of this Site to send you unsolicited messages. Your membership name or other information may also be displayed when you post comments or upload images throughout EVC Platform. EVC is not responsible for the Personal data users select to disclose in these forums.
11. WITHDRAWAL OF CONSENT
11.1 You may communicate the withdrawal of your consent to the continued use, disclosure and/or processing of your personal data including personal data relating to others who may be identified from that personal data for any of the purposes and in the manner as stated above at any time, by contacting our Compliance Officer through the customer service link at cs@ev- connection.com.
11.2 If you have withdrawn your consent as stated above, we may not be in a position to continue to provide the Services to you or perform on any contract we have with you, and we will not be liable in the event that we do not continue to provide the Services to, or perform our contract with you. Our legal rights and remedies are expressly reserved in such an event.
12. AGREEMENT TO OUR TERMS & CHANGES TO THIS PRIVACY STATEMENT
13. CONTACT US
13.1 If you have any comments, suggestions or complaints in relation to your Personal Data and this Site, please contact us at cs@ev- connection.com.
1. INTRODUCTION
This Anti-Bribery and Anti-Corruption Policy (“ABAC Policy” or “Policy”) has been developed for EV CONNECTION SDN BHD (“EVC” or “the Company”) to ensure adequate procedures and measures are implemented to prevent occurrence of corrupt practices in relation to EVC’s business activities.
This ABAC Policy has been designed to align with the key principles and recommendations of the ‘Guidelines on Adequate Procedures’ pursuant to sub- section (5) of Section 17A under the Malaysian Anti-Corruption Commission Act 2009 (“MACCA”).
This Policy should be read in conjunction with EVC’s various policies and guidelines. If multiple documents speak on the same subject, then the more stringent provisions always apply.
2. ANTI-BRIBERY AND ANTI-CORRUPTION COMMITMENT
EVC is committed to conducting business dealings with integrity. This means avoiding practices of bribery and corruption of all forms in its daily operations.
As a further expression of EVC’s commitment, EVC’s personnel are not to pay bribes or participate in acts of corruption even if this results in a loss of business.
Full compliance to both the spirit and the letter of this Policy is mandatory and should be maintained using a principle-based approach.
3. OBJECTIVE
This Policy sets out the Company’s overall position on bribery and corruption in all its forms. It also sets out the reasonable and proportionate measures to ensure EVC does not engage in corrupt practices for its own advantage or benefit.
4. SCOPE
This Policy is applicable to EVC, its controlled organizations, business associates acting on EVC’s behalf, the Board of Directors (including all executive and non-executive directors and shall also include alternate and substitute directors) and all EVC’s personnel’s.
Joint-venture companies, in which EVC is a non-controlling party, and EVC’s associated companies, are encouraged to adopt these or similar principles. External service providers are also expected to comply with this Policy in relation to all work conducted with EVC, or on EVC’s behalf.
5. DEFINITIONS
“ABAC Policy” refers to this Anti-Bribery and Anti-Corruption Policy.
“Bribery & Corruption” means any action which would be considered as an offence of giving or receiving ‘gratification’ under the MACCA. In practice, this includes offering, giving, receiving or soliciting something of value in an attempt to illicitly influence the decisions or actions of a person who is in a position of trust within an organization.
Bribery may be ‘outbound’, where someone acting on behalf of EVC attempts to influence the actions of someone external, such as Government official or a client’s decision-maker. It may also be ‘inbound’, where an external party is attempting to influence someone within the Company such as senior decision-maker or someone with access to confidential information.
Bribery and corruption are closely related. However, corruption has a wider remit. The definition of corruption by Transparency International is ‘the abuse of entrusted power for personal gain.’ For the purpose of this Policy, corruption, is defined primarily as any action which would be considered as an offence of giving or receiving ‘gratification’ under the MACCA (‘Bribery’ as defined above). In addition, corruption may also include acts of extortion, collusion, breach of trust, abuse of power, trading under influence, embezzlement, fraud or money laundering.
“Business Associate” means an external party with whom EVC has, or plans to establish, some form of business relationship. This may include clients, customers, joint-ventures, and joint-venture partners, consortium partners, outsourcing providers, contractors, consultants, subcontractors, suppliers, vendors, advisers, agents, distributors, representatives, intermediaries and investors.
“Conflict of Interest” means when a person’s own interests either influence, have the potential to influence, or are perceived to influence their decision making at EVC.
“Controlled organization” means an entity where EVC has the decision-making power over the organization such that it has the right to appoint and remove the management. This would normally be where EVC has the controlling interest (>50% of the voting share ownership), but it could be where there is an agreement in place that EVC has the right to appoint the management, for example a joint- venture where EVC has the largest (but still<50%) allocation of the voting shares.
“Corporate Gift” means something given from one organization to another, with the appointed representatives of each organization giving and accepting the gift. Corporate gifts may also be promotional items given out equally to the general public at events, trade shows and exhibitions as a part of building the Company’s brand. The gifts are given transparently and openly, with the implicit or explicit approval of all parties involved. Corporate gift shall be pre-approved by the senior management and normally bear the Company name and logo. Examples of corporate gifts include items such as diaries, table calendars, pens, notepads, plaques, and festive gifts such as hampers, oranges and dates.
“Donation & Sponsorship” means charitable contributions and sponsorship payments made to support the community. Examples include sponsorship of educational events, supporting NGOs, and other social causes.
“Directors” means all Executive and Non-Executive Directors of the Company and shall also include alternate or substitute Directors.
“Employees” or “Personnel” means directors of EVC and all individuals directly contracted to the Company on an employment basis, including permanent and temporary employees.
“EVC” means EV Connection Sdn Bhd and any companies under its controlled.
“Exposed Position” means a staff position identified as vulnerable to bribery through a risk assessment. Such positions may include any role involving: procurement or contract management; financial approvals; human resource; relations with government officials or government departments; sales; positions where negotiation with an external party is required; or other positions which the Company has identified as vulnerable to bribery.
“Facilitation payment” means a payment or other provision made personally to an individual in control of a process or decision. It is given to secure or expedite a routine or administrative duty or function.
“Gratification” is defined in the MACCA to mean the following:
- money, donation, gift, loan, fee, reward, valuable security, property or interest in property being property of any description whether movable or immovable, financial benefit, or any other similar advantage;
- any office, dignity, employment, contract of employment or services, and
agreement to give employment or render services in any capacity; - any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;
- any valuable consideration of any kind, any discount, commission, rebate, bonus, deduction or percentage;
- any forbearance to demand any money or money’s worth or valuable
thing; - any other service or favor of any description, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted, and including the exercise or the forbearance from the exercise of any right or any official power or duty; and
- any offer, undertaking or promise, whether conditional or unconditional, of any gratification within the meaning of any of the preceding paragraphs (a) to (f).
“Hospitality” means the considerate care of guests, which may include refreshments, accommodation and entertainment at a restaurant, hotel, club, resort, convention, concert, sporting event or other venue such as company offices, with or without the personal presence of the host. Provision of travel may also be included, as may other services such as provision of guides, attendants and escorts; use of facilities such as a spa, golf course or other holiday arrangements and resorts with equipment included.
“L&CA Personnel” means personnel in charging of Legal & Corporate Affairs of the Company.
6. ANTI-BRIBERY AND ANTI-CORRUPTION POLICY
6.1 Bribery and corruption in all its forms are prohibited. Employees should be aware of the definitions as given in this Policy and the range of activities these could possibly cover.
6.2 Bribery and corruption may take the form of anything of value, such as money, goods, services, property, privilege, employment position or preferential treatment.
EVC personnel and its business associates shall not therefore, whether directly or
indirectly, offer, give, receive or solicit any item of value, in the attempt to illicitly
influence the decisions or actions of a person in a position of trust within an
organization, either for the intended benefit of EVC or the persons involved in the
transaction.
6.3 EVC personnel should be aware that this Policy applies equally to its business dealings with commercial (‘private sector’) and Government (‘public sector’) entities, and includes their directors, personnel, agents and other appointed representatives at all levels. Even the possible appearance of bribery or corruption is to be avoided.
6.4 This ABAC Policy applies in EVC’s dealings and activities in all countries worldwide, without exception and without regard to regional customs, local practices or competitive conditions.
6.5 No employee or external party will suffer demotion, penalty or other adverse
consequences in retaliation for refusing to pay or receive bribes or participate in other illicit behavior. The consequence of such refusal may be that EVC would lose in terms of the business. Even so, the appropriate action is refusal.
6.6 EVC is also committed to conducting due diligence checks on prospective personnel, particularly as it relates to appointments to positions where a more than minor bribery or corruption risk has been identified.
EVC should carry out due diligence on employees who hold or may be holding
exposed positions too.
7. RECOGNITION OF LOCAL AND INTERNATIONAL LEGISLATIONS
7.1 EVC is committed to conducting its business ethically and in compliance with all applicable laws and regulations in the countries where it does business.
7.2 These laws and regulations include but are not limited to the Malaysian Penal Code (revised 1977) (and its amendments), the Malaysian Anti-Corruption Commission Act 2009, the Companies Act 2016 (Malaysia), the US Foreign Corrupt Practices Act 1977 (amended 1998), the UK Bribery Act 2010 and Indonesian laws relevant to antibribery and anti-corruption. These laws prohibit bribery and acts of corruption, and mandate that companies establish and maintain accurate books and records and sufficient internal controls.
7.3 In cases where there is a conflict between mandatory laws and the principles contained in this and other policies, the laws shall prevail.
8. GIFTS, ENTERTAINMENT, TRAVEL, DONATIONS AND SPONSORSHIPS
8.1 EVC personnel are prohibited from asking, soliciting, receiving and giving of gifts, entertainment, travel, donation and sponsorships from any party which will influence business decisions and are encourage unethical behaviors. However, entertainment with business associates in the normal course of business shall be allowed and in accordance with requirements under the relevant marketing and entertainment policies governing such activity. Under no circumstances may EVC personnel accept gifts in the form of cash or cash equivalent, including gift certificates, loans, commissions, coupons, discounts or any other related forms.
8.2 The only form of gift-giving allowed to external parties is a corporate gift. Any gift giving or event of hospitality is subject to approval and must fulfil the following conditions:
- They are limited, customary and lawful under the circumstances and preapproved by EVC’s senior management;
- They do not have or are perceived to have (by either the giver or the
receiver), any effect on actions or decisions; - There must be no expectation of any specific favor or improper
advantages from the intended recipients; - The independent business judgment of the intended recipients must not be affected;
- There must not be any corrupt / criminal intent involved; and
- The giving out of the gift and hospitality must be done in an open and
transparent manner.
8.3 Donations and sponsorships are permitted if it is approved by the Managing Director of the Company. However, the Company prohibits the giving and receiving of donation and sponsorships to influence business decisions.
8.4 Where there is the slightest doubt in the genuineness and purpose in situations warranting the giving/receiving of gifts, entertainment and travel and donation and sponsorships, reference should be made to the Managing Director of the Company, for eventual escalation to the Board of Directors.
9. FACILITATION PAYMENTS
9.1 EVC adopts a strict policy of disallowing the use of facilitation payments in its
business. Facilitation payment is a payment or other provision made personally to an individual in control of a process or decision. It is given to secure or expedite the performance of a routine or administrative duty or function.
9.2 EVC personnel shall decline to make the payment and report to L&CA Personnel immediately when they encounter any requests for a facilitation payment. In addition, if a payment has been made and personnel are unsure of the nature, the L&CA personnel must be notified immediately, and the payment recorded accordingly.
10. SUPPORT LETTERS
EVC awards contracts and employee positions purely on a merit basis. Support letters may be considered on a case-by-case basis as part of the EVC’s business decision-making process.
11. RECRUITMENT, PROMOTION AND SUPPORT OF PERSONNEL
11.1 EVC recognizes the value of integrity in its personnel and business associates. The Company’s recruitment, training, performance evaluation, remuneration, recognition and promotion for all personnel, including management, shall be designed and regularly updated to recognize integrity.
11.2 EVC does not offer employment to prospective personnel in return for their having improperly favored the Company in a previous role.
12. BUSINESS ASSOCIATES
12.1 All business associates (including external providers such as consultants, advisors, and agents) acting on behalf of EVC are required to comply with this Policy, and all other policies as it relates to them.
12.2 In circumstances where EVC retains controlling interest, such as in certain joint venture agreements, business associates are required to adhere to this ABAC Policy. Where EVC does not have controlling interest, associates are encouraged to comply with the same.
12.3 Due diligence should also be carried out with regards to any business associates intending to act on the Company’s behalf as an agent or in other representative roles, to ensure that the entity is not likely to commit an act of bribery or corruption in the course of its work with EVC.
12.4 EVC shall include standard clauses in all contracts with business associates enabling the Company to terminate the contract in the event that bribery or an act of corruption has been proven to occur. Additional clauses may also be included for business associates acting on EVC’s behalf where a more than minor bribery risk has been identified.
13. RESPONSIBILITIES OF EVC PERSONNEL
13.1 All EVC personnel(including its directors, and directors and personnel of its controlled organizations) are required to carry out those responsibilities and obligations relating to the Company’s anti-bribery and anti-corruption stance, alongside those already in existence, which include the following:
- be familiar with applicable requirements and directives of the Policy and
communicate them to subordinates; - promptly record all transactions and paymentsin EVC’s books and record
accurately and with reasonable detail; - direct questions and seek clarification from the L&CA Personnel, if any doubts about this Policy arise or if there is a lack of clarity about the required action in a particular situation;
- always raise suspicious transactions and other “red flags” (indicators of bribery or corruption) to immediate superiors for guidance on the next course of action;
- be alert to indications or evidence of possible violations of this policy;
- promptly report violations or suspected violations through appropriate channels;
- attend and complete anti-bribery and anti-corruption training asrequired according to position; and attest to comply annually, with recordings maintained by L&CA Personnel; and
- not to misuse their position or EVC’s name for personal advantage.
13.2 When dealing with business associates, all EVC personnel shall not:
- express unexplained or unjustifiable preference for certain parties;
- make any attempt at dishonestly influencing their decisions by offering,
promising or conferring advantage; - exert improper influence to obtain benefits from them;
- directly or indirectly offer or make promise or corrupt payments, in cash or in kind for a specific favor or improper advantage from them.
13.3 During an active or anticipated procurement or tender exercise, personnel
participating in the exercise in any way whatsoever, shall not:
- Receive gifts or hospitality of any kind from any external party participating,
planning to participate, or expected to participate, in the procurement or tender exercise; - provide anything other than a corporate gift and token hospitality to any
external/third party related to the exercise; - be involved in any discussions regarding business or employment opportunities, for personal benefit or for the benefit of a business associate;
- abuse the decision-making and other delegated powers; and
- bypass normal procurement or tender process and procedure.
13.4 When dealing with external parties in a position to make a decision that may accrue to EVC’s benefit (such as a Government official or client), EVC personnel shall not:
- offer, promise or make any attempt at dishonestly influencing the person’s decision by directly or indirectly offer or make promise of corrupt payments, in cash or in kind;
- be involved in any discussions regarding business or employment opportunities, for their own personal benefit or for the benefit of the external party;
- otherwise abuse the decision-making and other delegated powers, in order to illicitly secure an outcome which would be to the commercial advantage to themselves and/or the Company; and
- exert improper influence to obtain personal benefits from them.
13.5 EVC’s managers and senior management have a particular responsibility to ensure that the ABAC Policy requirements are applied and complied with within their department or division and to monitor compliance with the policy. They also must ensure that subordinates in ‘Exposed Positions’ attend relevant training.
14. CONFLICTS OF INTEREST
14.1 Conflicts of interest arise in situations where there is personal interest that could be considered to have potential interference with objectivity in performing duties or exercising judgment on behalf of the Company. All personnel should avoid situations in which personal interest could conflict with their professional obligations or duties. Personnel must not use their position, official working hours, Company’s resources and assets, or information available to them for personal gain or to the Company’s disadvantage.
14.2 In situations where a conflict does occur, personnel are required to declare the matter as per the Employees Handbook.
15. STAFF DECLARATION
15.1 All new recruits shall complete trainings on the ABAC Policy, and at the end of such trainings attest that this Policy shall be complied with.
15.2 All EVC personnel shall certify in writing that they have read, understood and will abide by this Policy. A copy of this declaration shall be documented and retained by the Human Resource and Administration (“HRA”) for the duration of the personnel’s employment.
15.3 The HRA may, and reserves the right, to request information regarding an employee’s assets in the event that the person is implicated in any bribery and corruption-related accusation or incident.
16. ANTI-BRIBERY AND ANTI-CORRUPTION COMPLIANCE
16.1 The L&CA Personnel shall perform functions below within the Company structure, equipped to act effectively against bribery and corruption:
- provide advice and guidance to personnel on the issues relating to bribery and corruption;
- take appropriate steps to ensure that adequate monitoring, measurement, analysis and evaluation is performed;
- report on the application and updates of this Policy to EVC’s senior management and the Directors regularly;
- escalate to HRA to conduct disciplinary proceedings against personnel found to be non-compliant with the provisions of the ABAC Policy; and
- recommend to such senior management to conduct an audit to obtain assurance that the Company is operating in compliance with the applicable provisions, at least once every three years.
16.2 EVC shall conduct regular risk assessments to identify the bribery and corruption risks affecting the business, set anti-bribery and anti-corruption objectives, and assess the effectiveness of the controls in achieving those objectives.
17. COMMUNICATION AND TRAINING
17.1 EVC shall ensure a copy of this Policy be provided to the Board of Directors, all EVC personnel and business associates. They will be advised that the policy is also available on EVC’s website for their review. The Board of Directors, all EVC
personnel and EVC’s business associates will be informed whenever significant
changes are made.
17.2 EVC shall conduct an awareness training programme for all its personnel on the Company’s position on anti-bribery and anti-corruption policy and practices.
17.3 Training shall be provided on a regular basis, in accordance with the level of bribery and corruption risk related to the employee’s position. Training should be provided to personnel who are:
- new to the Company;
- appointed to or currently holding an exposed position.
17.4 Business associates acting on behalf of the Company shall also undergo appropriate training at least once a year, where bribery and corruption risk assessment identifies them as posing a more than minor bribery and corruption risk to the Company.
17.5 The L&CA Personnel shall maintain records to identify EVC personnel and business associates that have received such training.
17.6 EVC’s zero-tolerance approach to bribery and corruption must be communicated to all business associates at the outset of our business relationship with them and as appropriate thereafter. For advice on these communications, please contact the L&CA Personnel at legal@ev-connection.com.
18. REPORTING OF POLICY VIOLATIONS
18.1 Suitable reporting channels shall be established and maintained for receiving information regarding violations of this Policy, and other matters of integrity provided in good faith by EVC personnel and/or external parties.
18.2 Personnel who, in the course of their activities relating to their employment at EVC, encounter actual or suspected violations of this Policy are required to report their concerns to L&CA Personnel at legal@ev-connection.com.
18.3 Reports made in good faith shall be addressed in a timely manner and without incurring fear of reprisal regardless of the outcome of any investigation.
18.4 Retaliation in any form against EVC personnel where the person has, in good faith, reported a violation or possible violation of this Policy is strictly prohibited. Any personnel found to have deliberately acted against the interests of a person who has in good faith reported a violation or possible violation of this Policy shall be subjected to disciplinary proceedings including demotion, suspension, dismissal or other actions (including legal action).
19. ANNUAL DECLARATION
19.1 All Directors, EVC’s personnel and business associates will provide annual
declaration of compliance with this Policy in the form available on EVC’s website.
19.2 The L&CA Personnel will be responsible for ensuring that all annual declarations are obtained on or before the end of the first fiscal quarter of each financial year, and provide written confirmation to the Board of Directors that such declarations have been obtained and summarizing the results thereof.
20. AUDIT AND COMPLIANCE
Regular audits shall be conducted to ensure compliance with this Policy. Such audits may be conducted internally by EVC or by an external party. Audit documentation should include performance improvement action plans, if required.
21. SANCTIONS FOR NON-COMPLIANCE
21.1 Non-compliance as identified by the audit and any risk areas identified through this and other means should be reported to the senior management in a timely manner in accordance with the level of risk identified.
21.2 EVC regards bribery and acts of corruption as serious matters and will apply penalties in the event of non-compliance to this Policy. For EVC personnel, non-compliance may lead to disciplinary action, up to and including termination of employment.
21.3 For external parties, non-compliance may lead to penalties including termination of contract. Further legal action may also be taken in the event that EVC’s interests have been harmed by the results of non-compliance by individuals and organizations.
21.4 EVC shall notify the relevant regulatory authority if any identified bribery or
corruption incidents have been proven beyond reasonable doubt.
21.5 Where notification to the relevant regulatory authority has been made, EVC shall provide full co-operation to the said regulatory authorities.
22. CONTINUOUS IMPROVEMENT
22.1 EVC is committed to satisfying the requirements set out in the Guidelines on Adequate Procedures pursuant to sub-section (5) of section 17A under the MACCA 2009. Any suggestions to improve the ABAC Policy & its procedures may be channeled to L&CA Personnel at legal@ev-connection.com.
22.2 .EVC endeavors to impact the business environment where it operates. This includes extending its integrity programme to non-controlled business associates such as suppliers and contractors. EVC seeks to work with companies who have a similar commitment and will support initiatives in the private and public sectors which are likely to improve the integrity of its operating environment.
23. WHISTLEBLOWING PROCEDURES
EVC encourages openness and transparency in its commitment to the highest standards of integrity and accountability. If you make a report or disclosure about any actual or perceived bribery and corruption in good faith and belief without malicious intent, or that a breach or violation as aforesaid may have occurred or may about to occur, you will be accorded protection of confidentiality, to the extent reasonably practicable, notwithstanding that, after investigation, it is shown that you were mistaken. In addition, employees who whistle blow internally will be also be protected against detrimental action for having made the disclosure, to the extent reasonably practicable.
24. CHANGES TO THIS POLICY
Any deviation or waiver from this Policy must be approved by EVC’s Board of
Directors.