Wednesday, December 22, 2010
This Code of Conduct is one of the ways we put our corporate culture into practice.
It’s built around the recognition that everything we do in connection with our work at Mojo Labs will be, and should be, measured against the highest possible standards of ethical business conduct. We set the bar that high for practical as well as aspirational reasons: Our commitment to the highest standards helps us hire great people, who then build great products, which in turn attract loyal clients. Trust and mutual respect among employees and clients are the foundation of our success, and they are something we need to earn every day.
So please do read the Code, and follow it, always bearing in mind that each of us has a personal responsibility to incorporate, and to encourage other Mojo Labs employees to incorporate, the principles of the Code into our work.
And if you have a question or ever think that one of your fellow coworkers or the company as a whole may be falling short of our commitment, don’t be silent.
We want — and need — to hear from you.
We expect all of our employees and Board members to know and follow the Code.
Failure to do so can result in disciplinary action, including termination of employment. Moreover, while the Code is specifically written for Mojo Labs Co. employees and Board members, we expect our contractors, consultants and others who may be temporarily assigned to perform work or services for Mojo Labs Co. to follow the Code in connection with their work for us.
Failure of a Mojo Labs Co. contractor or consultant or other covered service provider to follow the Code can result in termination of their relationship with Mojo Labs Co.
If you have a question or concern, don’t just sit there. Contact your manager. If you want to remain anonymous, you can make an anonymous eMail report to conduct@mojolabs.ca.
Mojo Labs prohibits retaliation against any worker here at Mojo Labs Co. who reports or participates in an investigation of a possible violation of our Code. If you believe you are being retaliated against, please contact your manager.
1.Integrity
2.Usefulness
3.Privacy and Freedom of Expression
4.Responsiveness
5.Take Action
1.Equal Opportunity Employment
2.Positive Environment
3.Drugs and Alcohol
4.Safe Workplace
1.Personal Investments
2.Outside Employment and Inventions
3.Outside Board Memberships
4.Business Opportunities
5.Friends and Relatives; Co-Worker Relationships
6.Gifts, Entertainment and Payments
7.Reporting
1.Confidential Information
2.Mojo Labs Co. Partners
3.Competitors; Former Employers
4.Outside Communications and Research
1.Intellectual Property
2.Company Equipment
3.The Network
4.Physical Security
5.Use of Equipment and Facilities
1.Spending Mojo Labs Money
2.Recording Transactions
3.Reporting Financial or Accounting Irregularities
4.Hiring Suppliers
5.Retaining Records
1.Competition Laws
2.Anti-Bribery Laws
Our clients value Mojo Labs Co. because we hold ourselves to a higher standard in how we treat clients and operate more generally. Keeping the following principles in mind will help us to maintain that high standard:
1.Integrity
Our reputation as a company that our clients can trust is our most valuable asset, and it is up to all of us to make sure that we continually earn that trust. All of our communications and other interactions with our clients should increase their trust in us.
2.Simplicity
Our products, features and services should make Mojo Labs Co. more useful for all our clients, whether they’re large corporations or individuals. We have many different types of clients, but one guiding principle: ‘make it simple‘
3.Privacy and Freedom of Expression
Always remember that we are asking clients to trust us with their personal information. Preserving that trust requires that each of us respect and protect the privacy of that information. Our security procedures strictly limit access to and use of clients’ personal information. Know your responsibilities under these procedures, and access data only as authorized by them, our Privacy Policy and applicable local data protection laws. Mojo Labs Co. is committed to advancing privacy and freedom of expression for our clients around the world. Where user privacy and freedom of expression face government challenges, we seek to implement internationally recognized standards that respect those rights as we develop products, do business in diverse markets, and respond to government requests to access user information or remove user content. Contact your manager if you have questions on implementing these standards in connection with what you do at Mojo Labs Co.
4.Responsiveness
Part of being useful and honest is being responsive: We recognize relevant user feedback when we see it, and we do something about it. We take pride in responding to communications from our clients, whether questions, problems or compliments. If something is broken, fix it.
5.Take Action
Any time you feel our clients aren’t being well-served, don’t be bashful — let someone in the company know about it. Continually improving our products and services takes all of us.
We are committed to a supportive work environment, where employees have the opportunity to reach their fullest potential.
Each Mojo Labs Co. employee is expected to do his or her utmost to create a respectful workplace culture that is free of harassment, intimidation, bias and unlawful discrimination of any kind.
Please read the Employee Handbook relevant to your locale. If you are Mojo Labs Co. employee – You received a copy of the handbook with your employment package. If you are not employee of Mojo Labs Co. and you would like to review the Employee Handbook – contact the manager at a local office.
Handbook covers in greater detail how we should conduct ourselves at work.
1. Equal Opportunity Employment
Employment here is based solely upon individual merit and qualifications directly related to professional competence. We strictly prohibit unlawful discrimination or harassment of any kind, including discrimination or harassment on the basis of race, color, religion, veteran status, national origin, ancestry, pregnancy status, sex, gender identity or expression, age, marital status, mental or physical disability, medical condition, sexual orientation or any other characteristics protected by law. We also make all reasonable accommodations to meet our obligations under laws protecting the rights of the disabled.
2. Positive Environment
Mojo Labs Co. prohibits unlawful harassment in any form — verbal, physical or visual.
If you believe you’ve been harassed by anyone at Mojo Labs Co., you should immediately report the incident to your supervisor. Similarly, supervisors and managers who learn of any such incident should immediately report it to Board of Directors. Board of Directors will promptly and thoroughly investigate any complaints and take appropriate action.
3. Drugs and Alcohol
Our position on substance abuse is simple: It is incompatible with the health and safety of our employees, and we don’t permit it. Consumption of alcohol is not banned at our offices, but use good judgment and never drink in a way that leads to impaired performance or inappropriate behavior, endangers the safety of others or violates the law.
Illegal drugs in our offices or at sponsored events are strictly prohibited. If a manager has reasonable suspicion to believe that an employee’s use of drugs and/or alcohol may adversely affect the employee’s job performance or the safety of the employee or others in the workplace, the manager may request an alcohol and/or drug screening. A reasonable suspicion may be based on objective symptoms such as the employee’s appearance, behavior or speech.
4. Safe Workplace
We are committed to a violence-free work environment, and we will not tolerate any level of violence or the threat of violence in the workplace. Under no circumstances should anyone bring a weapon to work. If you become aware of a violation of this policy, you should report it to your manager immediately.
In working at Mojo Labs Co. we have an obligation to always do what’s best for the company and our users. When you are in a situation where competing loyalties could cause you to pursue a personal benefit for you or your friends or family at the expense of Mojo Labs Co. or our users, you may be subject to a conflict of interest. All of us should avoid circumstances that present even the appearance of such a conflict.
When faced with a potential conflict of interest, ask yourself:
*Would this relationship or situation embarrass me or Mojo Labs Co. if it showed up on the front page of a newspaper or the top of a blog?
*Am I reluctant to disclose the relationship or situation to my manager?
*Could the potential relationship or situation create an incentive for me, or be perceived by others to create an incentive for me, to benefit myself, my friends or family or an associated business, at the expense of Mojo Labs Co.?
If the answer to any of these questions is ‘yes,’ the relationship or situation is likely to create a conflict of interest, and you should avoid it.
Below we provide guidance in six areas where conflicts of interest often arise:
*personal investments
*outside employment and inventions
*outside board memberships
*business opportunities found through work
*personal relationships at work, and
*accepting gifts and other business courtesies
In each of these situations, the rule is the same – you must avoid conflicts, and if you face a potential conflict of interest, review the situation with your manager and get their approval.
1. Personal Investments
A common conflict of interest involves a Mojo Labs Co. employee’s personal investment in a customer, supplier, partner or competitor of Mojo Labs Co, where the investment is significant enough (either in absolute value or in relation to the Mojo Labs Co. employee’s net worth) that someone might reasonably think it could cause the Mojo Labs Co. employee to act in a way that benefits that personal investment
at the expense of Mojo Labs CO. When considering whether such an investment creates a conflict of interest, ask yourself:
* Is the investment in a competitor?
o If the answer is yes, the investment creates a conflict of interest.
* If the investment is not in a competitor, but is in a customer, supplier, or partner of Mojo Labs Co. do you have a job or responsibilities at Mojo Labs Co. that let you affect Mojo Labs Co’s actions in ways that could help your investment at the expense of Mojo Labs Co.? (Mojo Labs Co officers — VP and above — have particularly broad influence in this regard.)
o If the answer is yes, the investment creates a conflict of interest.
If you are considering making an investment that creates a conflict of interest, don’t make the investment. If you already have an investment that creates a conflict of interest, or are unsure whether an existing or contemplated investment is a conflict of interest, you should contact your Manager.
Investments by any Mojo Labs Co. employee in mutual funds or similar vehicles that invest in a broad cross-section of publicly traded companies that may include competitors, customers, suppliers or partners of Mojo Labs Co. are not considered conflicts and need not be disclosed or approved.
2. Outside Employment and Inventions
As with personal investments, taking a job with a Mojo Labs Co. supplier, customer, partner or competitor (including as a consultant or advisor, whether paid or unpaid) can create a conflict of interest. Avoid employment or any other personal business relationship with companies that compete with Mojo Labs Co. In addition, don’t accept employment or fees from a supplier, customer or partner of Mojo Labs Co. if you have the ability to influence their relationship with Mojo Labs Co.
If you develop or participate in outside inventions that compete with Mojo Labs Co., that may create a conflict of interest. In addition, outside inventions that you participate in or help develop that relate to our existing or reasonably anticipated products and services, that relate to your position at Mojo Labs Co., or that you develop using Mojo Labs Co. corporate resources may be subject to the provisions of Mojo Labs Co. Confidential Information and Invention Assignment Agreement and other employment agreements, as well as applicable laws in your jurisdiction. If you have any questions about potential conflicts or IP ownership involving an outside invention or other intellectual property, consult your manager
3. Outside Board Memberships
Membership on the boards of customers, suppliers, partners or competitors of Mojo Labs Co. is especially problematic from a conflict of interest perspective because Board seats generally involve the ability to influence the actions of the outside business. Do not accept a seat on the board of directors or the advisory board of any Mojo Labs Co. competitor, and do not accept a seat on the board or advisory board of a Mojo Labs Co. customer, supplier or partner if your job at Mojo Labs Co. could permit you to participate in or influence Mojo Labs Co. relationship with that entity.
Mojo Labs Co. officers — VP and above — should obtain approval from the Mojo Labs Co. board of advisors before accepting an outside board membership in any company.
4. Business Opportunities
Business opportunities discovered through your work here belong first to Mojo Labs Co.
5. Friends and Relatives; Co-Worker Relationships
Business relationships with relatives, spouses and significant others or close friends where the friendship is such that it could affect your judgment can easily leave you with the sort of conflict of interest that can be difficult to resolve. You should not participate in a potential or existing Mojo Labs CO. business relationship involving any of the above. This includes, for example, being the hiring manager for a position for which your relative or close friend is being considered or being a relationship manager for a company associated with your spouse or significant other.
To be clear, just because a relative, spouse/significant other or close friend works at Mojo Labs Co. or becomes a Mojo Labs Co. supplier, customer, partner or competitor doesn’t mean there is a conflict of interest. However, if you are also involved in that Mojo Labs Co. business relationship, it can be very sensitive. The right thing to do in that situation is to discuss the relationship with your manager.
Finally, we understand that your co-workers can quickly become your community of friends, and that some of you may establish dating relationships with your co-workers. While we trust and expect Mojo Labs Co. employees to exercise good judgment in pursuing romantic relationships with their co-workers, you should recognize that romantic relationships between co-workers can, depending on the work roles and respective positions of the dating co-workers, create an actual or apparent conflict of interest. If a dating relationship does create an actual or apparent conflict, it may require changes to work arrangements or even the termination of employment of either or both individuals involved. Additional guidance on this issue can be found in Mojo Labs Co. Employee Handbook.
6. Gifts, Entertainment and Payments
Accepting gifts or entertainment from a Mojo Labs Co. customer, supplier, partner or competitor can easily create the appearance of a conflict of interest, especially if the value of the gift or entertainment is significant. As a result, Mojo Labs Co. policy prohibits Mojo Labs Co. employees accepting significant gifts, entertainment or any other business courtesy (including discounts or benefits that are not made available to all employees of Mojo Labs Co.) from any of our customers, suppliers, partners or competitors. Acceptance of inexpensive “token” non-cash gifts, infrequent and moderate business meals and entertainment and infrequent invitations to local sporting events and celebratory meals can be appropriate aspects of many Mojo Labs Co. business relationships, provided that they aren’t excessive and don’t create the appearance of impropriety. However, tickets to something like the Olympics, Super Bowl or World Cup, especially if travel and lodging are included, are a significant gift which, if accepted, could create at least the appearance of a conflict of interest. Don’t accept significant gifts without getting the approval of your manager.
Gifts from customers, suppliers, partners or competitors of cash or cash equivalents (e.g., gift certificates or prepaid gift cards) should never be accepted.
7. Reporting
Managers will periodically report to the board of Advisors, or its designee, all matters involving Mojo Labs Co. officers – VP and above — approved under this section of the Code, and will periodically report to the Mojo Labs Co. Audit Committee all matters involving Mojo Labs Co. executive officers approved under this section.
Company information that leaks prematurely into the press or to competitors can hurt our product launches, eliminate our competitive advantage and prove costly in other ways. Our responsibilities extend beyond not revealing confidential Mojo Labs Co. material — we must also:
*properly secure, label and (when appropriate) dispose of confidential Mojo Labs Co. material;
*safeguard confidential information that Mojo Labs Co. receives from others under non disclosure agreements; and
*take steps to keep our trade secrets and other confidential intellectual property secret.
1. Confidential Information
Mojo Labs Co. “confidential information” includes financial, product and user information. Make sure that confidential company material stays that way; don’t disclose it outside of Mojo Labs Co. without authorization. At times, a particular project or negotiation may require you to disclose confidential information to another party: Disclosure of this information should be on a “need to know” basis and only under a nondisclosure agreement. Be sure to get the appropriate agreement in place before you disclose the information.
And don’t forget about pictures you and your guests take at Mojo Labs Co. — it is up to you to be sure that those pictures don’t disclose confidential information.
Finally, some of us will find ourselves having family or other personal relationships with people employed by our competitors, customers, suppliers or partners. As in most cases, common sense applies. Don’t tell your significant other or family members anything confidential, and don’t solicit confidential information from them about their company.
2. Mojo Labs Co. Partners
Just as you are careful not to disclose confidential Mojo Labs Co. information, it’s equally important not to disclose any confidential information from our partners. Don’t accept confidential information from other companies without first having all parties sign an appropriate non-disclosure agreement approved by management. Even after the agreement is signed, try only to accept as much information as you need to accomplish your business objectives.
3. Competitors; Former Employers
We respect our competitors and want to compete with them fairly. But we don’t want their confidential information. The same goes for confidential information belonging to any Mojo Labs Co. former employers. If an opportunity arises to take advantage of a competitor’s or former employer’s confidential information, don’t do it. Should you happen to come into possession of a competitor’s confidential information, contact management immediately.
4. Outside Communications and Research
You probably know that our policy is to be extremely careful about disclosing company information, and never to disclose any confidential information without authorization. Never discuss the company with the press unless you’ve been explicitly authorized to do so by management.
Mojo Labs Co. has a reputation for openness with confidential information shared within the company. Our ability to continue these practices depends on how well we conserve company resources and protect company assets and information.
1. Intellectual Property
Mojo Labs Co. intellectual property rights (our trademarks, logos, copyrights, trade secrets, “know-how” and patents) are among our most valuable assets. Unauthorized use can lead to their loss or serious loss of value. Any use of Mojo Labs Co. trademarks and logos must be cleared in advance by the Management. Report any suspected misuse of trademarks, logos or other Mojo Labs Co. intellectual property to Management.
Likewise, respect the intellectual property rights of others. Inappropriate use of others’ intellectual property may expose Mojo Labs Co. and you to criminal and civil fines and penalties. Please seek advice from management before you solicit, accept or use proprietary information from others or let others use or have access to Mojo Labs Co. proprietary information.
A word about open source — Mojo Labs Co. is committed to open source software development. Consistent with our policy of respecting the valid intellectual property rights of others, we strictly comply with the license requirements under which open source software is distributed. Failing to do so may lead to legal claims against Mojo Labs Co, as well as significant damage to the company’s reputation and its standing in the open source community. Please seek guidance before incorporating open source code into any Mojo Labs Co. product, service or internal project.
2. Company Equipment
Mojo Labs Co. gives us the tools and equipment we need to do our jobs effectively, but counts on us to be responsible and not wasteful with the Mojo Labs Co. stuff we are given. Nobody’s going to complain if you snag an extra bagel on Friday morning, but company funds, equipment and other physical assets are not to be requisitioned for purely personal use. Not sure if a certain use of company assets is okay? Please ask your manager.
3. The Network
Mojo Labs Co. communication facilities are a critical aspect of our company’s property, both physical and intellectual. Be sure to follow all security policies. If you have any reason to believe that our network security has been violated — for example, you lose your laptop or smart phone or think that your network password may have been compromised — please promptly report the incident to management.
4. Physical Security
If you’re not careful, people will steal your stuff. Always secure your laptop, important equipment and your personal belongings, even while on Mojo Labs Co. premises.
5. Use of Mojo Labs Co. Equipment and Facilities
Anything you do using Mojo Labs Co. corporate electronic facilities (e.g., our computers, mobile devices, network, etc.) or store on our premises (e.g., letters, memos and other documents) might be disclosed to people inside and outside the company. For example, Mojo Labs Co. may be required by law (e.g., in response to a subpoena or warrant) to monitor, access and disclose the contents of corporate email,
voicemail, computer files and other materials on our electronic facilities or on our premises.
Financial integrity and fiscal responsibility are core aspects of corporate professionalism.
The money we spend on behalf of Mojo Labs Co. is not ours; it’s the company’s. Each person at Mojo Labs Co. — not just those in Finance — has a role in making sure that money is appropriately spent, our financial records are complete and accurate and internal controls are honored. This matters every time we hire a new vendor, expense something to Mojo labs Co., sign a new business contract or enter into any deals on Mojo Labs Co.’s behalf.
1. Spending Mojo Labs Co.’s Money
When you submit an expense for reimbursement or spend money on Mojo Labs Co.’s behalf, make sure that the cost is reasonable, directly related to company business and supported by appropriate documentation. Always record the business purpose (e.g., if you take someone out to dinner on Mojo Labs Co., always record in our expense reimbursement tool the full names and titles of the people who attended as well as the reason for the dinner) and comply with other submission requirements. If you’re uncertain about whether you should spend money or submit an expense for reimbursement, check with your manager. Managers are responsible for all money spent and expenses incurred by their direct reports, and should carefully review such spend and expenses before approving.
2. Recording Transactions
If your job involves the financial recording of our transactions, make sure that you’re fully familiar with all of the Mojo Labs Co. policies that apply, including our revenue recognition policy and our purchasing policy.
Immediately report to Finance any transactions that you think are not being recorded correctly.
4. Reporting Financial or Accounting Irregularities
It goes without saying (but we’re going to say it anyway) that you should never, ever interfere in any way with the auditing of Mojo Labs Co.’s financial records. Similarly, you should never falsify any record or account, including time reports, expense accounts and any other Mojo Labs Co. records.
If you suspect or observe any of the conduct mentioned above or, for that matter, any irregularities relating to financial integrity or fiscal responsibility, no matter how small, immediately report them to the Senior Management.
5. Hiring Suppliers
As Mojo Labs Co. grows, we enter into more and more deals with suppliers of equipment and services. We should always strive for the best possible deal for Mojo Labs Co.. This almost always requires that you solicit competing bids to make sure that you’re getting the best offer. While price is very important, it isn’t the only factor worth considering. Quality, service, reliability and the terms and conditions of the proposed deal may also affect the final decision.
6. Retaining Records
It’s important that we keep records for an appropriate length of time. The Mojo Labs Co. Record Retention Policy suggests minimum record retention periods for certain types of records. These are great guidelines, but keep in mind that legal requirements, accounting rules and other external sources sometimes specify longer retention periods for certain types of records, and those control where applicable. In addition, if asked by management to retain records relevant to a litigation, audit or investigation, do so until management tells you retention is no longer necessary.
Mojo Labs Co. takes its responsibilities to comply with laws and regulations very seriously and each of us is expected to comply with applicable legal requirements and prohibitions. While it’s impossible for anyone to know all aspects of every applicable law, you should understand the major laws and regulations that apply to your work. A few specific laws are easy to violate unintentionally and so are worth pointing out here:
1. Competition Laws
Most countries have laws designed to encourage and protect free and fair competition. Generally speaking, these laws prohibit 1) arrangements with competitors that restrain trade in some way, 2) abuse of intellectual property rights and 3) use of market power to engage in unfair price discrimination and other forms of unfair practices.
Although the spirit of these laws — known as “antitrust,” “competition,” or “unfair competition” laws — is straightforward, their application to particular situations can be quite complex. To ensure that Mojo Labs Co. complies fully with these laws, each of us should have a basic knowledge of how they apply to our work. Some real life things to be cautious about include:
*sharing of competitively sensitive information (e.g., prices, costs, market distribution, etc.) with competitors at trade and industry conferences; and
*making statements (in emails, IMs, presentations, memos or anyplace else) that wrongly suggest that Mojo Labs Co. has few or no competitors or that we seek to harm our competitors or improperly exploit our success.
Please contact management whenever you have any antitrust/competition law concerns.
2. Anti-Bribery Laws
Like all businesses, Mojo Labs Co. is subject to lots of laws that prohibit bribery in virtually every kind of commercial setting. The rule here is simple – don’t bribe anybody, anytime, for any reason. You should also be careful when you give gifts and pay for entertainment or other business courtesies on behalf of Mojo Labs Co.. We want to avoid the possibility that the gift, entertainment or other business courtesy could be perceived as a bribe, so it’s always best to provide such business courtesies infrequently and, when we do, to keep their value moderate. If you have a question about a gift or business courtesy you would like to provide on behalf of Mojo Labs Co. contact the Senior Management.
Mojo Labs Co. aspires not to be your average tech company. It’s impossible to spell out every possible ethical scenario we might face. Instead, we rely on one another’s good judgment to uphold a high standard of integrity for ourselves and our company. Sometimes, identifying the right thing to do isn’t an easy call. If you aren’t sure, don’t be afraid to ask questions of your manager.