TRYBER ETHICAL CODE

1. SCOPE OF THE ETHICAL CODE 

This Ethical Code has been drawn up to ensure that the fundamental ethical values of Tryber are clearly defined and constitute the basic elements of its management and culture, as well as the standard of conduct that is required to all those who, working in Tryber or having professional and economic relations with it, are the natural addressees of this Ethical Code.

1.1 Values and purposes of the Ethical Code 

The Ethical Code represents the instrument to express the commitments and the ethical values pursued by Tryber in the management of its business activities and the provision of its services to the clients.

The Ethical Code aims to guarantee that the activities of Tryber is inspired by principles of correctness, transparency, diligence, honesty, loyalty, sustainability, efficiency and legality, and presupposes compliance with the applicable legal and administrative provisions in force and respect of company regulations and procedures.

The purpose of the Ethical Code is therefore to provide general ethical-behavioural guidelines to be followed in the performance of activities and to help prevent the violation of both contractual and non-contractual provisions (i.e. commission of unlawful acts or crimes).

1.2 Application and addressees of the Ethical Code 

The set of ethical principles and rules of conduct set out in this Ethical Code applies to Tryber and must govern the activities of all those who operate in the field of action of Tryber or who have relations in any capacity with Tryber.

As part of the corporate provisions to be complied with, the Ethical Code is binding for directors, auditors, employees and all those who work in the name and on behalf of Tryber, including collaborators, testers and the Ethical Hackers involved in the provision of the services to the Clients. Being this a wide and varied category of subjects, all of them are generally indicated in this Ethical Code as “Trybers ”.

In addition to them, the Ethical Code also applies to all external subjects who have professional and business relations with Tryber on the basis of an engagement or a contract, such as suppliers, consultants, partners.

All those, Trybers and external subjects, are called upon to apply the principles set out herein as the basis of their relationship with Tryber and, in practice, represent the “Addressees” of this Ethical Code.

Every Addressee is, therefore, required to read and know the Ethical Code, to actively contribute to its implementation and to report any shortcomings or failures to comply with it.

Under no circumstances may the claim of acting in the interest of Tryber or in the private interest deriving from one’s position, justify the adoption of conducts in contrast with those set forth herein and provided for in general by laws, regulations, procedures and other internal and external regulatory provisions.

Tryber is committed to promoting the knowledge of the Ethical Code to all Addressees, constantly monitoring its observance, through the relevant publication on Tryber’s intranet and the inclusion, in the acts of engagement and in the advisory, collaboration and supply agreements, of specific provisions or clauses for the termination of the working relationship in case of violation of the obligations deriving from this Ethical Code.

1.3 Contractual value of the Ethical Code 

The Ethical Code does not replace the legal regulations that apply in each case and in each country where Tryber conducts business or where its customers are located, nor the obligations established by any employment contract, of which, on the contrary, it must be considered to all intents and purposes an essential part pursuant to and in accordance with art. 2104 of Italian Civil Code. 

To this end, any conduct conflicting with the letter or spirit of the Ethical Code will be sanctioned by Tryber in accordance with its provisions.

 

2. CORE VALUES AND PRINCIPLES OF CONDUCT

Recipients must act in compliance with the principles of legality, transparency, integrity, fairness, dignity and equality, professionalism and collaboration.

2.1 Compliance with laws and regulations

Tryber requires that every Addressee, in carrying out its activities, shall respect all regulations, laws, and every standard and best practice that are in force in the areas in which Tryber operates, in particular in order to avoid the commission of computer crimes.

Each Addressee undertakes to diligently acquire the necessary knowledge of the regulations inherent in the performance of their obligations and commitments, bearing in mind that Addressees who work within Tryber structure or on a permanent basis for Tryber shall comply with company procedures and policies.

In particular, and especially taking into account the peculiar nature of the activities carried out for customers and the inherent risks, Tryber acts and requires the Addressees  – and in particular the Ethical Hackers – to act always and only with express and prior authorization of customers, and in the strict scope outlined and agreed with the customers themselves.

2.2 Anti-money laundering, financing of terrorism and organized crime

Tryber is committed, without exception, to preventing money laundering, terrorist financing and the use of capital of illegal origin by pursuing company policies and implementing all controls aimed at preventing these crimes, therefore, always operating in compliance with the regulations in force.

Tryber is also aware of the enormous damage to the community that can be caused by the presence of mafia infiltration or other forms of organized crime in the business world and undertakes to implement current anti-mafia legislation and to exclude, in accordance with current regulations, any form of relationship with any subject (both entities and individuals) convicted of organized crime activities by the competent judicial authorities or subject to prevention measures.

2.3 Transparency and Integrity

AQ-WJ requires that, in the performance of their activities and in the achievement of their objectives, each Addressee shall act and behave in a transparent manner and with moral and professional integrity and must be guided in their actions and in the fulfillment of their contractual undertakings by the values of honesty, fair dealing, environmental protection and good faith.

Given the types of services provided by Tryber, transparency is also a key requirement in dealing with customers, especially when it comes to Ethical Hackers and their activities, e.g., in terms of providing advance information to customers about the actions they will take to perform the services as well as in terms of the outcomes they get.

Furthermore, in carrying out their institutional activities, as well as in the management of Tryber’s internal activities and in external relations, Addressees must always provide, in compliance with confidentiality requirements, accurate, correct information based on the principle of transparency.

2.4 Independence and autonomy 

Tryber guarantees to carry out its activity in total autonomy and independence, guaranteeing impartiality and objectivity in the relevant outcomes. For this reason, any activity provided directly by Tryber or by any of its suppliers, including Ethical Hackers, aims to combine the primary purpose of pursuing the interests of its customers with the above-mentioned fundamental values of professionalism, integrity and socially responsible conduct. 

Tryber may decide to refuse certain assignments if they may affect the independence of Tryber, informing clients of the reasons for such refusal. 

 

 

 

2.5 Conflict of interests 

Tryber ensures that its employees, directors, representatives or collaborators do not find themselves in a situation of conflict of interest with Tryber. Moreover, all Addresses shall avoid situations of conflict of interest with customers, unless the customers themselves – duly advised – have declared that they do not object to this. 

Tryber monitors and has in place internal procedures to avoid and prevent situations in which conflict of interests may arise. 

2.6 Impartiality, gifts, and gratuities

Addressees shall not give, promise, or receive gifts, gratuities or advantages of any kind that could affect, on the one hand, the Addressees’ independence or freedom of contract and, on the other hand, external subjects’ impartiality. 

It is also forbidden to offer or accept any object, service or favour of value in order to obtain more favourable treatment in relation to any contractual relationship.

The provisions set out in this paragraph are valid and applicable in relations between Tryber and private parties as well as in relations with the Public Administration, for whatever reason.

As Tryber promotes meritocracy, every consideration or sum that may be conferred to Trybers and Addressees is linked to results achieved and is determined and agreed in advance on the basis of criteria agreed in writing.

2.7 Professionalism, quality and fairness

Tryber is particularly committed to offering high quality services to its customers, relying only on competent, experienced, trustworthy, professional, and highly skilled people, all fundamental requirements in the context and in the sector in which Tryber operates. Therefore, all Addressees and in particular employees, collaborators and Ethical Hackers:

• are required to keep themselves informed of technological and legislative developments and to update their knowledge and skills to the required level;
• pursue, when carrying out a project, the interests of the customer, which take precedence over the internal interests of Tryber and over personal interests;
• are required to methodically carry out their activities in the manner required by as required by professional diligence and are always responsible for the approach chosen for their activities and the reasons that led them to their choice.

Moreover, Tryber requires Addressees to ensure fairness, completeness, accuracy, uniformity, timeliness, punctuality, and efficiency in the performance of their own work and/or the tasks assigned to them by Tryber.

2.8 Relationships with customers and suppliers

As Tryber expects its Trybers to respect the principles of professionalism, quality and fairness in order to guarantee customers a high level of service, in the same way, before entering into an agreement with customers, Tryber verifies that customers comply with the requirements of honourability and morality, if necessary, also by requesting self-certifications attesting the non-involvement of the customer and its top management in criminal proceedings.

Tryber, moreover, pays particular attention to the selection of the subjects from which to receive goods and services and provides for the observance of certain criteria such as to exclude certain categories of suppliers who could represent a risk for Tryber’s liability.

In any case, Tryber expects both Addressees and customers to comply with this Ethical Code and any conduct contrary to them may result in termination or withdrawal from the contract by Tryber.

2.9 Competition

Tryber carries out its activities in compliance with the principles of fair and loyal competition and requires all Addressees to refrain from conduct that is, or even only appears to be, aimed at preventing or disturbing the activities of competing companies. 

The same is required from customers: no activity will be carried out that is suspected of unlawfully disrupting the rules of fair competition with competitors of the customers.

Therefore, the selection of suppliers, consultants, and collaborators, as well as the purchase of goods and services are made exclusively on the basis of objective parameters of quality, convenience, price, capacity, efficiency, avoiding agreements with contractual partners of dubious reputation in the field, for example, respect for the environment, working conditions and/or human rights.

2.10 Relations with the Public Administration, authorities, and supervisory bodies

In any possible relationship with the Public Administration, public authorities and supervisory bodies, Tryber applies and requires to any Addressee full cooperation and correctness, having to be every interaction and possible exchange of information required by those authorities inspired by the principles of transparency, completeness, fairness and good faith, respecting the regulations in force and the practices and procedures of the reference sector.

Tryber does not want to create the slightest suspicion of wanting to unduly influence these subjects in order to obtain benefits through illegal means.

Tryber encourages the reporting of any attempt at extortion or bribery by a public official against an employee or collaborator or manager of the company or, similarly, attempts at corruption within Tryber, which a Trybers should become aware of, in the performance of their activities. 

Tryber also requires its customers and external collaborators to respect these principles, in order to avoid incurring in the violation of criminal laws.

2.11 Dignity, equality and equal opportunities

Each Addressee acknowledges and respects personal dignity, privacy and personality rights of any individual, both in relations within or external to Tryber. In carrying out their activities, each Addressee undertakes to respect differences of any kind: gender, age, ethnic origin, religion, political or trade unions membership, language or disability.

Trybers will not tolerate discrimination, harassment, or insults of any nature.

2.12 Confidentiality 

Addressees shall conduct their activities in accordance with the principle of confidentiality, treating all relevant information, materials and documents they may become aware of during their work activities with due care and as strictly confidential.

Confidential information may concern:

• Tryber and its operational management;
• customers or suppliers;
• personal data whatsoever processed.

To this end, Tryber binds each Addressee – and the Ethical Hackers especially strongly as it concerns customers’ data – to non-disclosure obligations which apply throughout the duration of the agreements between Addresses and Tryber and after their termination.

In all their communications (at work, in private, through all forms of (social) media, etc.), Addressees must always recognize the importance of the reputation and interests of Tryber’s customers and business partners as well as the reputation and interests of Tryber itself.

In case of uncertainty regarding the interpretation of the obligation of confidentiality or any other matter that may harm the reputation of Tryber or its customers, Addressees must consult Tryber’s general manager. Contacts with the press always require prior authorization from management.

2.13 Processing of personal data and information security

Also in the light of the peculiarity of the activities it offers to its customers, Tryber is very careful about the proper management of information and personal data of which it becomes aware in the context of its services to customers. For this reason, Tryber guarantees that all personal data processed within the scope of its activity are processed in compliance with the applicable legislation and within the limits of the purposes for which they were collected. 

To this end, Tryber has put in place all appropriate organizational and technical measures to ensure the security and proper management of personal data, according to the applicable best standards and practices updated from time to time. 

To ensure maximum effectiveness, Tryber binds, through the signing of appropriate deeds, employees and collaborators, suppliers and especially Ethical Hackers to comply with applicable data protection laws and with all Tryber’s instructions, security measures and policies (including those on retention period and deletion of information), as well as the principle of confidentiality referred to in paragraph 2.12 above. 

2.14 Sustainability and environment

Tryber wants to actively contribute to the sustainable development of society. For this reason, all Addressees are required to carry out their activities in respect of all the interests at stake in the pursuit of sustainability in all fields. For the same reason, for Tryber, environmental protection is a fundamental value.

 

3. IMPLEMENTATION AND OBSERVANCE OF THE ETHICAL CODE

 

3.1 In-depth investigation after the reporting of a violation

If, on the basis of a report or otherwise, there are well-founded reasons to suspect that an Addressee is in violation of the Ethical Code, Tryber management may decide to carry out further investigations.

If the suspicion is confirmed by the aforementioned further investigations, the Addressee at issue will be granted access to data that has been collected on him, which will form the basis for any possible sanctions. 

If at the end of the investigation it turns out that the suspicion was unfounded, Tryber will inform the Addressee concerned accordingly. 

3.2 Violations of the Ethical Code and sanctions taken by Tryber

In case of violation of the Ethical Code, harm to the interests of Tryber or in case of non-compliance with its values or with the law, Tryber may apply sanctions to the person concerned, more or less severe, depending on the nature and gravity of the offence. These sanctions are in line with local rules and regulations.

In order to ensure the effective implementation of the Ethical Code and, therefore, the performance of Tryber’s business in compliance with the law and the principles of fairness, transparency and loyalty, Tryber has modelled a specific system of sanctions, introducing specific provisions in the agreements with Addresses for cases in which violations of the principles and rules of the Ethical Code are ascertained.  

Since the observance of the provisions of this Ethical Code must be considered an essential part of the contractual obligations of employees pursuant to and for the purposes of art. 2104 of the Italian Civil Code, if violations are committed by Tryber’s employees, the disciplinary sanctions provided for by labour law, including termination of the work-relationship for cause, may be taken.

On the other hand, as far as collaborators, Ethical Hackers, suppliers and other Addressees of the Ethical Code which are in business relations with Tryber are concerned, compliance with the principles of this Ethical Code is provided for as part of the contractual obligations undertaken towards Tryber by such subjects.

Consequently, any violation of the provisions contained herein may constitute a breach of contractual obligations undertaken and can lead to termination of the relevant contract. 

In both cases, compensation for any related damage will be required to the Addressees that breach this Ethical Code.