Flexport conducts its business based on principles of compliance, integrity, and sustainability. Our business partners, including suppliers, service providers, and agents, must understand and commit to meeting these standards. This Business Partner Code of Conduct (“Code”) explains Flexport’s core values and the requirements our business partners are expected to uphold.

Compliance

Flexport is committed to full compliance with all applicable laws and regulations and maintains records in accordance with company policies.

Likewise, our business partners are expected to comply with all laws and regulations applicable to the business they conduct for Flexport. They are required to apply the principles laid down in this Code or apply equivalent principles. Business partners should maintain accurate, complete and up-to-date records of their transactions with Flexport in accordance with applicable laws. If any part of this Code is unclear, business partners should contact their Flexport representative for clarification. Non-compliance with this Code may result in termination of the business relationship.

Anti-Bribery and Corruption

Flexport strictly prohibits bribery and corruption in any form. Our business partners are prohibited from giving, offering, promising, accepting, or soliciting anything of value to or from any person in order to improperly influence any act or decision of a person, or to otherwise gain an unfair advantage or improper benefit for Flexport. This prohibition includes so-called “facilitation” payments, which are payments to government officials intended to expedite routine governmental actions (e.g., permits, visas) to which Flexport is otherwise entitled. Flexport will not make such payments, nor will we authorize any of our business partners to make such payments on our behalf. Our business partners are also prohibited from making contingency-based payments to third parties where the payment is conditioned on achieving a particular outcome that could incentivize improper conduct.

Trade Controls

It is essential that our business partners comply with all applicable trade controls and export control regulations, and that they provide accurate and truthful information about it to customs and other authorities when required. They further represent and warrant that they are not a Denied/Designated Party, nor identified, specifically or by reference, on any applicable Sanctions List issued by a Sanctions Authority, and that they are neither owned nor controlled by a Denied/Designated Party.

They identify and manage trade restrictions applicable to their business with us, including those of sanctioned countries and parties.

Subcontractor Compliance

Any party our business partners engage on behalf of Flexport or to perform work for the benefit of Flexport will be made aware of the principles in this Code and will be held to act in accordance with them.

For example, the State of California publishes a list each month of motor carriers who have failed to pay judgments for certain types of improper employment practices. Flexport does not directly assign shipments to motor carriers who appear on the list. Flexport also instructs property brokers to not assign Flexport shipments to listed motor carriers. Similar screening applies wherever comparable government-maintained non-compliance lists exist in other jurisdictions. It is Flexport’s expectation that none of its business partners use subcontractors who have been designated as engaging in improper business practices.

Audit

Upon reasonable advance notice, our business partners agree to permit Flexport, or a third party appointed by Flexport, to review relevant records to verify compliance with this Code. Our business partners agree to cooperate in good faith with any such review. If a review identifies an area for improvement, Flexport and the partner will work together in good faith to agree on an appropriate corrective action plan and a reasonable timeline for implementation. Notwithstanding the foregoing, Flexport reserves the right to terminate the business relationship immediately if, in Flexport’s reasonable judgement, the nature or severity of a violation warrants termination.

Integrity

Flexport is committed to conducting business ethically and honestly, in compliance with all applicable laws and regulations, and in a manner that safeguards our integrity and reputation. We expect our business partners to uphold the same standards. Business partners should compete fairly, protect confidential and personal information, avoid conflicts of interest, safeguard company resources, remain vigilant against fraud, and communicate professionally.

Fair Competition

Our business partners compete fairly and comply with competition and anti-trust laws. They do not enter into agreements or practices that have a restrictive effect on competition, such as price-fixing, market allocation or abuse of dominant position. They do not offer services to or on behalf of Flexport in a misleading way.

Intellectual Property and Confidential Information

We expect our business partners to respect intellectual property rights, including those of Flexport. There must be appropriate measures to prevent disclosure or unauthorized use of Flexport confidential information made available to them as included in the non-disclosure agreement signed between parties.

Personal Data

Our business partners shall protect the personal data made available to them and use this data for legitimate and authorized business purposes only. Business partners and Flexport agree to comply with their respective obligations under applicable privacy laws, such as the General Data Protection Regulation. Flexport represents that it has obtained all necessary authorizations and consents required under applicable privacy laws prior to disclosing any personal data. Our business partners shall implement appropriate technical and organizational measures to ensure a level of security commensurate with the risk, including with respect to cyber and physical security, and shall respond to legitimate requests for access to or deletion of personal data.

Conflict of Interest

Decisions our business partners’ employees make regarding Flexport business transactions may not be influenced by personal or private interests. Personal or friendly relationships with a Flexport employee may not be used to influence the employee’s business judgment. If a business partner’s employee is related to a Flexport employee in a way that may represent a potential conflict of interest in a transaction or business relationship, our business partners must disclose this fact to Flexport or ensure that the Flexport employee does.

Trading in Shares

Our business partners may not trade in securities from companies serviced by Flexport, or encourage others to do so, using confidential information received from Flexport in order to provide services.

Company Resources

If they use or have access to Flexport resources, including people, systems, networks and facilities, our business partners must use these resources appropriately, in accordance with Flexport’s instructions and for their intended business purpose only.

Preventing Fraud

Our business partners must maintain internal controls designed to detect, prevent, and respond to fraud and money laundering. Transactions must be properly recorded and subject to review. Any potential fraud that may have an impact on Flexport must be reported to us immediately. Our business partners must not engage in, or attempt, money laundering in any form.

Cybersecurity Incident Notification

Business partners must notify Flexport without undue delay, and in any event within 72 hours, upon becoming aware of any actual or suspected data breach or cyber security incident affecting Flexport data.

Sustainability

Flexport is committed to sustainability. We care about our environment, our colleagues, our business partners, and the communities in which we operate. We strive to leave a healthy planet for future generations, which requires us to be more sustainable in everything we do. We expect our business partners to share this commitment by respecting human rights, treating people with dignity, maintaining fair employment practices, minimizing environmental impact, and contributing positively to the communities where they operate.

Human Rights

Flexport recognizes the Universal Declaration of Human Rights, the Convention on the Rights of the Child, and the UN Guiding Principles on Business and Human Rights. We respect the rights of our employees and business partners. Our business partners agree to respect and uphold the human rights of all people. They take responsibility for avoiding infringement of human rights and for remediating the impact, if any, on human rights resulting from their activities.

Employment Relationships

Flexport recognizes the International Labour Organization (ILO) declaration on Fundamental Principles and Rights at Work. Our business partners must comply with its four fundamental principles:

  1. freedom of association and the effective recognition of the right to collective bargaining;
  2. the elimination of all forms of forced or compulsory labor;
  3. the effective abolition of child labor; and
  4. the elimination of discrimination in respect of employment and occupation.(1)

Business partners must not:

  • employ anyone against their will, whether for Flexport business or otherwise.
  • engage in slavery or servitude, whether for Flexport business or otherwise.

Business partners must:

  • comply with all local labor laws.
  • comply with working hours and remuneration laws while being fair and just.
  • comply with legal working ages as well as with the ILO Conventions on working ages in each country. Business partners must not employ anyone under the age of 16 or under the age of completing compulsory education (whichever is higher) to work on Flexport business.
  • commit to a workplace free of harassment and abuse. Business partners shall not threaten workers with, or subject them to, harsh or inhumane treatment, including but not limited to verbal abuse and harassment, psychological harassment, mental and physical coercion, and sexual harassment.

Business partners shall not discriminate against current or potential employees and subcontractors. The people our business partners deal with shall be treated with dignity and respect. Our business partners shall not harass or discriminate based on culture, language, nationality, race, religion, gender, political preference, disability, association, sexual orientation or age. Flexport will not work with business partners who otherwise deprive employees or subcontractors of their rights.

Flexport also recognizes the International Labour Standards on Occupational Safety and Health. Business partners must comply with its standards.

Environment and Community

Our business partners comply with all relevant environmental laws and ensure that the necessary permits are in place. They are committed to the efficient use of raw materials, energy, and other natural resources while minimizing waste, emissions, and noise. Business partners try to reduce their impacts on ecosystems and biodiversity. They care about the communities they operate in, and listen to their concerns. Our business partners are encouraged to help foster social and economic development and contribute to the sustainability of the communities in which they operate.

Health and Safety

Our business partners must provide a safe and healthy working environment for their employees and anyone else who may be affected by their operations. Business partners are expected to identify and assess workplace hazards and implement appropriate controls to minimize risks. This includes maintaining clean and safe facilities, providing necessary personal protective equipment, establishing emergency preparedness and response procedures, and ensuring employees receive adequate health and safety training. Work-related injuries and illnesses must be tracked, reported, and addressed. Business partners should strive to continuously improve their health and safety performance.

Reporting Concerns

Flexport is committed to maintaining an open culture where concerns can be raised without fear of retaliation. Our business partners must provide their employees and other interested parties with accessible mechanisms to report violations or potential violation of laws and the principles in this Code. Concerns must be addressed in a fair and transparent manner, with appropriate confidentiality protections. Retaliation against anyone who raises a concern in good faith is strictly prohibited.

Business partners must make their employees, subcontractors, and other business partners aware of this Code and how to report violations directly to Flexport. To report any violations or concerns, contact ethics@flexport.com.

Additional Reference Materials

(1) ILO Declaration on Fundamental Principles and Rights at Work https://www.ilo.org/declaration/thedeclaration/textdeclaration/lang--en/index.htm