Code of Conduct
CONDUCT WITH OTHERS
FAIR DEALING HAS BEEN A FUNDAMENTAL VALUE OF AVANOS SINCE THE COMPANY WAS FOUNDED.
We believe that honesty and trustworthiness build long-lasting relationships. There are many ways we stay true to this value in today’s environment.
In addition, as a medical device company, we are subject to a number of global laws and regulations that directly impact how we can do business. In order to execute our visions and our mission, we must comply with these requirements at all times.
CUSTOMERS AND SUPPLIES
We are committed to fair dealing with our customers and suppliers.
- Do not mislead, misrepresent, deceive or take unfair advantage of customers or suppliers
- If you know of a mistake, whether it is in Avanos’s favor or not, correct it.
- Follow Avanos sourcing processes before appointing suppliers.
- Buy from suppliers and sell to customers based on appropriate business considerations such as quality, price, service, reliability and a commitment to human rights.
- When buying goods or services on behalf of the Company, treat all potential suppliers fairly and honestly.
- Never indicate to any supplier that our relationship with them may be affected by personal favors, gifts, or donations to charity. See our Policy on Conflicts of Interest (PDF) for more information.
- Do not offer gifts, entertainment, or favors to win or keep business. See our Policy on Interactions with Healthcare Professionals (PDF) and our Policy on Anti-Corruption (PDF) for more information.
- Suppliers to Avanos are required to comply with all applicable local and national laws, rules, regulations and requirements in the manufacturing and distribution of our products and supplies and in the provision of services. All Avanos contracts and purchase orders must require suppliers to adhere to the Supplier Social Compliance Standards (PDF) (“SSCS”).
COMPETITION
We are committed to fair competition in compliance with anti-trust laws (also called competition laws) in every country, state, and locality where we do business. We compete vigorously and ethically by making independent decisions on how to compete that do not treat customers unfairly or undermine free competition in the marketplace.
Penalties for violations of anti-trust laws can be severe and include damage to reputation, high fines, and jail. More and more, countries share information to enforce these types of laws – so an investigation in one country can quickly expand to many countries.
In general:
- Never discuss topics with competitors that could affect pricing or marketing decisions such as prices, sales terms, business plans, margins, costs, bids, production capacity, inventory levels, trade promotions, or discounts.
- Never agree with competitors to fix prices, limit production or sales, or divide territories, customers, or suppliers.
- In those instances where we have significant market power we must not abuse that power by monopolizing, tying (selling a product only if the buyer buys a second product), improperly price discriminating between competing reseller customers, pricing below our cost, or refusal to supply.
- Do not require our customers to sell our products at the prices we set. We can suggest a resale price, but we cannot coerce any customer to use it.
- Do not agree with other companies to boycott suppliers or customers.
- Contact the Legal or Compliance Departments for specific guidance about the laws in your country and to report all inappropriate conversations with competitors.
- For more information, please reference our Policy on Antitrust and Competition (PDF).
Q&A
No, you should end the conversation and contact the Compliance and Legal Departments immediately. You should always exercise caution if you find yourself in a meeting with a competitor because it can give the appearance of impropriety. If you do find yourself in such a meeting you should never talk about business topics like those you mention as that conversation may lead to an improper agreement, or the appearance of an improper agreement, on pricing. If pricing is raised leave the room immediately and contact the Compliance and Legal Departments immediately.
SAFETY OF OUR PRODUCTS
You should never compromise product quality or safety.
- Avanos’s reputation for product safety and quality is one of our most valuable assets. We are committed to providing products that are safe and please our customers and patients.
- The health, safety and well-being of healthcare professionals and patients are our primary concern. We will meet or exceed legal and regulatory requirements and industry standards for product safety and quality. We work every day to earn the trust of our healthcare professionals and patients through all our actions and decisions.
- We are committed to producing safe, high quality products across all of our brands. We maintain the trust of our customers and patients by designing and manufacturing superior products, starting with the purchase of our raw ingredients and continuing until the finished product is used by the customer or patient.
- Each one of us plays a role in providing our healthcare professionals and patients with the safe, high quality products they expect. Know the quality standards, policies, and procedures that apply to the products and activities at your location.
- Never do anything that could undermine the trust that our customers and patients place in us or could compromise the quality or safety of our products.
- If you see something that could negatively affect the quality or safety of an Avanos product, speak up and report it immediately to your team leader or your facility, business unit or corporate quality/product safety department.
For more information, please reference our Quality Policy (PDF).
Q&A
Stop and Report it. Never do anything that you believe could compromise the quality or safety of our products. No production goal or time saving measure is worth compromising the trust our customers and patients place in us. Stop what you are doing and contact your facility quality leader to determine whether the material is safe and meets our quality specifications. See: Resources for Asking Questions or Reporting Concerns.
EMPLOYEE AND PATIENT DATA PRIVACY
As part of our everyday work, many of us have access to personally identifiable information of our employees and our customers. Laws around the world impose responsibilities on the Corporation and our employees to protect and lawfully use that personally identifiable information. Failure to meet our responsibilities could result in government actions, damage to our reputation, potential lawsuits, fines and penalties. This information must be maintained, kept confidential, and used in accordance with the terms of our Policy on Data Privacy (PDF).
Further, we have an obligation under patient privacy laws globally to never receive, request or share, internally or externally, any personally identifiable health information of patients, except as permitted by our HIPAA Privacy Policy (PDF).
COMPETITIVE INFORMATION
In the ordinary course of business, information is routinely acquired about other companies, including customers, suppliers and competitors. Being exposed to this type of competitive information is an ordinary part of a competitive business environment.
However, there are legal and ethical limits on acquiring competitive information:
- We should not seek to acquire information through improper means, such as through bribery or covert surveillance on our competitors.
- We should not hire an employee of a competitor to get confidential information or encourage employees of competitors to disclose confidential information about their employer.
- If offered information about a competitor that you believe may be confidential, you should ask if it is confidential and how it was obtained. If you are uncertain about whether the information was obtained properly, contact the Compliance or Legal Departments.
- If the material that is offered is written material and carries a classification such as “secret,” “confidential,” or “proprietary” or if you otherwise determine that it is confidential, you should refuse to accept it, immediately make a note of what occurred and then contact the Compliance or Legal Departments.
- For more information, please reference the following policies:
Policy on Antitrust and Competition (PDF)
Policy on Anti-Corruption (PDF)
Q&A
No. Obtaining information about a competitor by disguising your identity is never appropriate. Gath- ering information about competitors is a legitimate business activity when done lawfully and ethically. You should also consult with the Compliance or Legal Departments before meeting with a competitor, because any such interactions may raise anti-trust concerns.
It depends. If the documents contain confidential or proprietary information, you cannot use or share this with Avanos. Avanos expects all employees to honor confidentiality or nondisclosure agreements or other obligations of confidentiality to their previous employer. If you are unsure, tal to the Compliance or Legal Departments before accepting, using or sharing suspect information.
ENVIRONMENT
Avanos is committed to operate its business in a way that protects the environment and promotes the sustainable use of natural resources. All employees are expected to act as responsible citizens and environmental stewards by adhering to laws, regulations and standards concerning the environment.
Q&A
Report it to your team leader. If you are aware of any potential violation of law or company policies or procedures it is your responsibility to report it. The incident or condition will be investigated and, if necessary, corrected. See: Resources for Asking Questions or Reporting Concerns.
GOVERNMENT
As a global company, Avanos is subject to the laws of all countries in which we operate. We are committed to complying with all applicable government laws, rules and regulations. It is important to remember that compliance with the Code reflects the minimum standard acceptable. Where local or specific provisions are relevant and require an even higher standard of conduct, the more stringent rules may apply (e.g., when interacting with Healthcare Professionals). Additionally, many countries sometimes apply their laws to Company operations and personnel outside of their borders. Always check with our Compliance or Legal Departments if you are not sure what laws apply to your situation.
In addition:
- Be careful to make clear that you do not speak or act for Avanos unless you have been authorized to do so.
- If you are contacted by a government official in connection with your work, or are asked to provide information in connection with a government agency inquiry or investigation, you should contact the Compliance or Legal Departments or a member of the regulatory affairs staff for advice.
Do not contact government departments or personnel seeking to influence legislation, regulations, or decision-making on behalf of Avanos without consulting the Compliance or Legal Departments.
GIFTS, ENTERTAINMENT AND OTHER FAVORS
Accepting or giving gifts, entertainment and other favors may create a potential, perceived or actual conflict of interest or even violate local laws. “Gifts, entertainment, and other favors” means anything of value. Examples of these include, but are not limited to: meals, lodging, discounts, prizes, travel, tickets, money in any form, stock, or Avanos products. If you have questions about the maximum amount of gifts, entertainment and other favors, which you may accept or give, please contact the Compliance or Legal Departments.
Accepting Gifts, Entertainment or Favors
In the course of your work for Avanos, you may be offered gifts, entertainment or other favors from customers, suppliers, vendors, or other business contacts. Although you may feel that accepting such things would not affect your behavior it may cause some people to feel that they should do something in return. This could affect their ability to make objective business decisions in the best interest of Avanos. To prevent such situations you should comply with the following guidelines.
In general, the only kinds of gifts or entertainment that you may accept from anyone who does or may do business with Avanos are:
- Infrequent gifts of low value, such as pens, calendars, or small promotional items related to business.
- Occasional reasonably-priced meals with a business contact.
- Occasional attendance at sports, theater, or other cultural events with a business contact.
If you are uncertain about whether a gift, meal or event is appropriate for you to accept, please discuss the matter with your Team Leader or contact the Compliance or Legal Departments.
Each of us must not:
- Accept anything from a business contact if it will make you feel you should do, or promise to do, anything in return.
- Accept anything in return for giving someone Avanos business.
If you receive anything that does not meet these guidelines, you should return it and explain that our policy does not allow you to keep it. If it would violate a social custom to return it, talk to your team leader or Human Resources about donating it to charity or another solution. If you are not sure whether the gift, entertainment or favor offered to you violates these guidelines or your local policy, talk to your team leader or the Legal Department.
Giving Gifts, Entertainment or Favors
We are committed to winning business based on the superior features, benefits and quality of our products and services. Offering gifts, entertainment or favors in order to win or keep business is unethical and may be illegal. Additionally, gifts to healthcare professionals must be in compliance with our Policy on Interactions with Healthcare Professionals. There are occasions where it is acceptable to give a modest gift or entertainment to a business contact in order to build or sustain a business relationship and goodwill, keeping it to a minimum.
Any gifts to healthcare professionals must be in compliance with our Policy on Interactions with Healthcare Professionals (PDF). Entertainment and other favors to healthcare professionals are strictly impermissible under our policy.
For gifts, entertainment, or favors to non-HCPs:
- Do not give gifts, entertainment or favors to the same person or company more than occasionally.
- Limit gifts, entertainment and favors to what is reasonable and appropriate under the circumstances.
- Do not give gifts, entertainment or favors if you are doing it to make the other person feel obligated to give business to Avanos.
- Do not provide gifts or entertainment that may appear to violate our commitment to respect each other.
- Make sure that you are not violating the other company’s gift and entertainment policy.
- Never give cash, checks, money orders, gift certificates, coupons, loans or other types of money or money equivalent.
- Ensure you are in compliance with any local policy applicable in your region/country.
Q&A
No. Both are wrong. You should not be offering expensive gifts to vendors and just because you have given ane expensive gift does not mean you can then accept a more expensive gift.
It depends. Accepting lunch invitations is okay if you are meeting for a business purpose, but frequent or extravagant meals can appear to create a conflict of interest. Consult your team leader if a vendor constantly invites you to lunch. Tell the vendor about the Code and only have occasional lunch meetings with vendors.
No. Never accept items from Avanos vendors for personal use.
Accepting expensive gifts from a vendor, including $500 of Italian china, led to termination.
GIFTS, ENTERTAINMENT OR FAVORS TO GOVERNMENT OFFICIALS
Nearly all countries have laws to prevent bribery and corruption. Additionally, anti-corruption laws of some countries may apply not only to actions taken by Avanos employees inside these countries but also to actions taken in foreign countries by Avanos subsidiaries and others working on behalf of, or for the benefit of Avanos. Violations of those anti-corruption laws could subject the Company to severe penalties and significantly damage our public reputation.
You should at all times comply with our Policy on Anti- Corruption (PDF). You should not offer, promise or give, directly or indirectly, anything of value, regardless of amount, to induce or influence any official government decision or to secure an improper advantage. Examples of payments that may be forbidden include cash gifts, meals, entertainment, business opportunities, Company product, offers or employment, contributions to charitable organizations and more. Additionally, you should not make “facilitating payments” or “expediting payments” to government officials. All of these activities could be considered bribery or corruption.
If the government official might be considered a Healthcare Professional, even stricter rules may apply to interactions with such person.
Do not give or accept bribes and prevent others from doing so. If you have any questions, contact the Legal or Compliance Departments. In those instances, always follow our Policy on Interactions with Healthcare Professionals (PDF).
Q&A
A government official is anyone employed by any government or government-controlled enterprise or political party, such as officers, environment and health inspectors, customs officers, postal workers, members of a legislative body, or employees of government-owned hospitals.
No. Laws of most countries prohibit making payments of this nature and the Company forbids making these payments in any country.
You should immediately contact the Compliance or Legal departments. Under the U.S. Foreign Corrupt Practices Act and similar global anti-bribery laws, the Company can be held responsible for the actions of its distributors, which means that our distributors cannot do what we ourselves cannot do. Our Policy on Interactions with Healthcare Professionals (PDF) applies to all interactions with healthcare professionals, and our Policy on Anti-Corruption (PDF) applies to all interactions with government entities, including government hospitals.
No. Laws of most countries prohibit such payments under any circumstance, and the Company forbids making such payments in any country.
DOING BUSINESS INTERNATIONALLY
As a global company that frequently moves people, products, technology, software, information, money, and equipment and spare parts across national borders, we are committed to abiding by all applicable laws and regulations regardless of where we are located.
If you are involved in moving people, products, technology, software, information, money, or equipment across borders:
- You must know and comply with all applicable import/ export laws and regulations.
- You must not engage in any prohibited conduct.
- You must report all requests related to boycotts to the Compliance or Legal Departments.
- Contact the Compliance Department, Legal Department, or the Transportation and Trade Compliance Department for up-to-date guidance if you are uncertain about your obligations.
- Always comply with our Policy on Anti-Corruption (PDF)..
Q&A
It depends. Consult with the Compliance or Legal Departments. If the database containing consumer information is going to be shared with the service provider in a different country, there may be data privacy issues. Different countries/ regions have different regulatory structures for ensuring that the privacy of personal information is maintained. In some countries, we could be in violation of privacy regulations by exporting consumer data from one country to another.
SOCIAL MEDIA
Social media outlets are an important method of personal and business communications.
We must, however, use care and consideration in posting or sharing anything online.
Please reference our Social Media Policy (PDF) for more information
If you have any questions about posting anything online, you can contact your team leader, the Human Resources, Compliance or Legal Departments for assistance.