STACK Americas – Code of Conduct 

I. Introduction and Applicability:

It is the policy of STACK Infrastructure (“STACK”) to conduct its business with the highest level of ethics and integrity, as well as in compliance with all applicable laws, rules and regulations, and STACK expects its employees, suppliers, vendors, and consultants to abide by the same standards.

This Code of Conduct (“Code of Conduct” or “Code”) applies to all employees, consultants, or agents of STACK, as well as suppliers and vendors providing products and/or services to STACK (“Suppliers”).  Additionally, Suppliers should encourage third parties that they work with to comply with the Code of Conduct in the provision of their services and/or goods that are provided to STACK. STACK expects all Suppliers to comply with all applicable federal, state, provincial, and international laws and regulations. Additionally, as outlined in the Employee Handbook, STACK expects its employees, agents, and consultants to abide by all relevant laws and to conduct business with integrity.

This Code serves as a guide and is not intended to cover every circumstance that may arise.  Suppliers and employees are expected to use good judgment and integrity, and to raise questions or concerns or to seek additional guidance on appropriate conduct to address any situation that arises that is not contemplated explicitly by the Code of Conduct.  For any questions as to the Code of Conduct, please email legal@stackinfra.com. 

 

II. Honest and Ethical Conduct of Suppliers

Suppliers of STACK must strive to have professional dealings in all business transactions with STACK or third parties, to operate with integrity and at a high ethical standard.   Suppliers should help create a culture of open and honest communication and an environment that is supportive and responsive to any questions or concerns.  When improper conduct is found, Suppliers should take proper actions and ensure that such conduct is addressed appropriately.  Suppliers should also be honest and truthful with its customers, partners, and government and/or public officials, and ensure that its employees, as well as third parties utilized by Suppliers, do not engage in unfair or unethical practices.

Employees of STACK, as well as any consultants or agents working for or with STACK, should strive to abide by all federal, state or local laws where they operate and should conduct all business with the highest ethical standards.  Employees should review the Employee Handbook for further guidance in regard to the expectations around ethical conduct.

 

III.      Conflicts of Interest     

Conflict of interest is a term that describes any circumstance or situation where interests or benefits of a person or entity conflict, or appear to conflict, with interest or benefits of STACK or a STACK Supplier.  Conflict of interest can arise where an action taken prevents objective and honest performance of duties. STACK requires its Suppliers to be free from any conflicts of interest. 

Conflict of interest situations may arise in many ways, including, but not limited to, such examples as:

    • Improper advantages gained by acting on information learned through Supplier’s relationship with STACK;
    • Business opportunities that belong to STACK;
    • Loans or favors that a Supplier or its employees or family members receive through its relationship with STACK;
    • Suppliers that employ or are controlled by STACK employees or their family members;

If you become aware of possible conflicts of interest or have questions as to whether a conflict of interest exists, please contact legal@stackinfra.com or speak to your STACK business contact.

Suppliers should not use or attempt to use their position to obtain improper benefits. Suppliers should conduct all business relationships honestly and with high ethical standards.  As such, bribery, kickbacks or other improper payments, whether direct or indirect, to any person or entity in order to obtain a contract or a commercial benefit or government action, are strictly prohibited.  Exchange of nominal gifts, such as shirts, swag or meals, that are connected to business discussions may be acceptable, provided that it is reasonable and appropriate for the circumstances, is given openly and directly without expectation of anything in return, is not accepted to further a business interest and is otherwise compliant with the requirements and procedures outlined in STACK’s Employee Handbook.

Employees of STACK should consult the Employee Handbook for detailed guidance as to conflicts of interest, and should speak to their manager and/or legal@stackinfra.com in navigating any potential conflicts of interest.

 

IV. Compliance with Laws

Suppliers and employees should strive to comply with laws of jurisdictions and where they do business and should ensure that Supplier’s employees are aware and follow the laws, rules and regulations that are applicable to them.

Anti-Corruption, Bribery, and Kickbacks:

Gifts and entertainment that involves government officials are prohibited. Foreign Corrupt Practices Act (the “FCPA”) prohibits giving or promising money or items of value to any foreign official to influence a decision or obtain business, or to use a person or firm as a conduit for such payment.  Penalties for violating anti-corruption laws are severe and can include large fines and prison time.  Suppliers must never engage a third party whom it believes may attempt to offer a bribe or a kick back in connection with STACK’s business. As such, Supplier and its employees, as well as any STACK employees, shall strive to be in compliance with the FCPA at all times, no matter the location. 

If Supplier or an employee believes that corrupt practices are occurring within STACK’s supply chain, they shall immediately report such conduct to legal@stackinfra.com and to their STACK business contact or manager.

Export Laws:

Suppliers and employees must comply with U.S. Export Control Laws that govern all exports and technical data from the U.S. Failing to comply with Export Control Laws could result in the loss or restriction of Supplier or STACK’s export privileges or result in fines or imprisonment. Suppliers and employees are responsible for knowing and complying with appropriate rules and procedures for imports and exports.

 

V. Financial Integrity and Responsibility

STACK relies on its books and records to report its financial results and make business decisions. As a STACK Supplier, Supplier must keep accurate books and records of all business dealings and transactions with STACK.  Books and records must be kept in accordance with applicable standard accounting practices.

 

VI. Compliance

This Supplier Code of Conduct must be followed by all STACK Suppliers and third parties engaged by or partnering with Suppliers, as well as any employees, consultants or agents of STACK.  For any questions as to the Code of Conduct, please email legal@stackinfra.com.