⋅ Senior Management: These individuals are those designated, as per PERMODA’s bylaws, to oversee and lead the company. In this context, they would be the legal representatives of the company.
⋅ Associates/Partners: These are legal persons that have made a financial or non-monetary contribution, such as labor or other tangible assets with monetary value, to the company in exchange for ownership shares or quotas.
⋅ Business Partners: Any legal entity that maintains a business relationship within the PERMODA supply chain.
⋅ Compliance Audit: It refers to the systematic, critical, and regular evaluation process designed to ensure the effective implementation of the Transparency and Business Ethics Program.
⋅ Report Channel: Means the online reporting system that receives various types of reports, including those related to transnational bribery or corruption, among other matters.
⋅ Client: Any individual or legal entity with whom a commercial or contractual relationship exists, typically involving the supply of goods or services.
⋅ Conflict of Interest: When an individual within a company possesses professional, personal, or private interests that diverge from the interests that the individual is anticipated to uphold when representing the company, a conflict of interest arises. In essence, the individual’s interests are in conflict with those of the company.
⋅ Contractor: In the context of international business or transactions, a «contractor» pertains to any third party that offers services to PERMODA or maintains a legal contractual relationship of any kind with the company. Contractors may encompass various entities, including but not limited to, suppliers, intermediaries, agents, distributors, advisors, consultants, and individuals engaged in collaboration or joint venture agreements with the company.
⋅ Counterparty: Counterparties are any natural or legal person with whom the company has commercial, business, contractual, or legal connections of any nature. This category encompasses a wide range of entities, including shareholders, partners, employees of the company, as well as customers and suppliers of goods and services, among others.
⋅ Corruption: These are all actions or behaviors with the objective of securing benefits or advantages for a company or pursuing its interests, often used as a means to commit crimes against public administration or property, or engage in transnational bribery activities.
⋅ Due Diligence: A periodic review of the legal, accounting, and financial aspects associated with a business or transaction, conducted with the aim of identifying and assessing the risks of corruption and transnational bribery that could impact PERMODA.
⋅ Employee: This is an individual associated with PERMODA through an employment contract who possesses the following characteristics: He/she provides services directly to the company, he/she receives remuneration in the form of a salary through payroll and he/she adheres to a schedule established by the company.
⋅ Risk factors: These are the potential elements or factors that can give rise to risks associated with corruption or transnational bribery (C/TB).
⋅ Compliance Officer: This individual is appointed by the Board of Partners to head the Transparency and Business Ethics Program in accordance with regulatory requirements.
⋅ Compliance Policies: These are the overarching policies established by the company’s senior management to ensure that the organization conducts its business affairs in an ethical, transparent, and honest manner. These policies are designed to enable the company to identify, detect, prevent, and mitigate risks associated with transnational bribery and corruption.
⋅ Business Transparency and Ethics Program (BTEP): This refers to the comprehensive collection of policies, standards, and specific procedures overseen by the Compliance Officer. Its primary objective is to implement the Compliance program effectively, with the goal of identifying, detecting, preventing, managing, and mitigating corruption and transnational bribery risks, along with any other risks associated with acts of corruption that could impact the company.
⋅ National Public Official: Means any individual who is employed and works within the Colombian government, whether at the federal, state, or local level. This term includes members and candidates of political parties, as well as employees of government or government-controlled enterprises.
⋅ Foreign Public Official: An individual who holds a legislative, administrative, or judicial position in a country other than Colombia, including its political subdivisions or local authorities, or in any foreign jurisdiction. This definition applies whether the person was appointed or elected to the position. Additionally, a foreign public official encompasses anyone who carries out a public function for a foreign state, its political subdivisions, or local authorities, whether within a public body, a state-owned enterprise, or an entity whose decision-making authority is subject to the control of a foreign state, its political subdivisions, or local authorities. This definition also extends to officials or agents of public international organizations.
⋅ Transnational Bribery: An action by which a legal entity, utilizing its employees, administrators, associates, contractors, or subsidiary companies, directly or indirectly provides, offers, or promises to a foreign public servant: (i) Monetary amounts, (ii) Items with monetary value, or (iii) Any form of benefit or advantage, in return for that public servant undertaking, refraining from, or delaying any action pertaining to their duties related to an international business or transaction.
⋅ Third Party: These are individuals who, despite not having a commercial or contractual association with PERMODA, could be adversely affected by a violation of the Transparency and Business Ethics Program (BTEP) policies. They are eligible to utilize the transparency hotline to report any suspicious or unlawful activities.