Anti Corruption Policy

1.  Preamble

The Anti-Corruption Policy (“Policy”) of  DLearners has been developed in alignment with DLearners’s vision to adhere to the highest code of ethical conduct, rules, and regulations adopted by DLearners and in conformance with the legal and statutory framework of anti-bribery and anti-corruption legislation prevalent in India. The Policy reflects the commitment of DLearners and its management to maintaining the highest ethical standards while undertaking open and fair business and culture, following the best practices of corporate governance, and enhancing DLearners’s reputation at appropriate levels.

2.  Purpose

This Policy emphasizes DLearners’s zero-tolerance toward bribery and corruption practices. The Policy provides necessary information and guidance on how to recognize and deal with bribery and corruption issues. The purpose of this Policy is to establish clear rules to ensure compliance with all applicable anti-bribery and anti-corruption laws.

3.  Applicability

This Policy applies to all Stakeholders, or any other person associated with DLearners and who may be acting on behalf of DLearners.

4.  Definitions

1. Bribe/ Bribery means the offering, promising, giving, receiving, soliciting or accepting of a financial or another advantage, or any other thing of value, with the intention of influencing or rewarding the behavior of a person in a position of trust to perform a public, commercial or legal function to obtain or retain a commercial advantage. Bribes are payments made in the form of money or anything of value in return for a business favor or advantage. For e.g., Gifts taken or received to unfairly influence a business outcome, facilitation payments made for facilitating the performance of routine governmental action, etc.
2. Family Member: A spouse, parent, sibling, grandparent, child, grandchild, mother or father-in-law, a domestic partner (opposite sex or same-sex), or another family member who lives with you or who is otherwise financially dependent on you, or on whom you are financially dependent.
3. Government Official: Government Official refers to any ‘public servant’ as defined under the Indian Penal Code, 1860.
4. Stakeholders: Shall means to include but not limited to individuals, directors, employees working at all levels and grades (whether permanent, fixed term or temporary), consultants, contractors, trainees, seconded staff, casual workers and agency staff, interns, agents, business partners, vendors, service providers, suppliers, contractual staff, apprentices, direct selling agents, and any other person/entity acting for and on behalf of DLearners.

5.  Policy Framework

• Bribes
  • DLearners prohibits all forms of Bribery and corruption practices involving, but not limited to, Government officials or a private sector person or company.
  • DLearners conducts its business lawfully and ethically and expects every Stakeholder to conduct its business with integrity.
  • DLearners prohibits the making or accepting of Facilitation Payments of any kind for any favors to facilitate or expedite official business or work.
• Gifts, hospitality, and entertainment
  • No gifts including cash gifts, hospitality, or entertainment may be offered or provided in exchange for any favor (or promise of any favor) for or benefit to DLearners under any circumstances to any Government Official or any private person.
  • However, DLearners acknowledges that the exchange of nominal gifts or souvenirs of a nominal value (e.g., bouquets, pens, calendars, diaries, etc.) which are customarily given on special events/ occasions and is infrequent in nature. In any case, such gifts shall not be lavish or in the form of cash or cash equivalents, and any such instances and offers or receipts (whether accepted or not by any person directly or indirectly) should be immediately reported to the Head-Human Resources. All persons need to exercise sound judgment in identifying inappropriate, frequent, or material gifts and shall avoid the same to maintain integrity and independence.
  • Reasonable and appropriate hospitality is not prohibited if the person offering it is in attendance. However, it shall be strictly limited to meals as may be offered (to and/ or received) and only if it is reasonable and justifiable in all circumstances, taking into account reason and nature, appropriate type, value, given at an appropriate time and not made with the intention of influencing or to obtain or retain business or a business advantage, or to reward the provision or retention of business or a business advantage, or in explicit or implicit exchange for favors or benefits.
  • The giving or receipt of gifts by a Person is not prohibited, if:
    • It complies with this Policy and all applicable anti-bribery and anti-corruption laws.
    • There is a legitimate business purpose to support gifts-related expenses and are not given or received in return for a favor / favorable treatment or to refrain from doing something disadvantageous to learners.
    • Considering, the reason and nature of the gift, it is of an appropriate type and value and given at an appropriate time; and
    • Gifts are not offered to or accepted by politicians or political parties or Government Officials.
• Stakeholders
  • As may be applicable, a Stakeholder appointed to act on behalf of DLearners must be selected based on their commercial and technical expertise and DLearners’s need for the products or services. No person or entity may be appointed based on a relationship with a Government Official, government department, or business associate, or because of a family connection or friendship. Prior to entering a relationship, DLearners requires its employees to conduct appropriate due diligence in accordance with its procedures to ensure that such a stakeholder is a legitimate service provider and to identify circumstances suggesting that such stakeholder has not engaged or may not be engaging in illegal or unethical conduct. Any red flags discovered prior to commencement or during the course of the business relationship must be reported to statecoordinator1@dlearners.in/hr@dlearners.in for further investigation. Should any employee / Person discover any illegal or unethical conduct by such stakeholder, he / she should report this to statecoordinator1@dlearners.in/hr@dlearners.in at the earliest.
  • DLearners has zero tolerance for any conduct by any external entity in contravention of this Policy or any anti-bribery and anti-corruption law. DLearners and its employees may be subject to civil and/or criminal liability if such stakeholders, including contractors, suppliers, distributors, joint venture partners, and other business partners, engage in any activity violating this Policy or any anti-bribery and anti-corruption law.
  • As may be applicable, a stakeholder, at the start of any relationship with DLearners is required to be in compliance with the applicable anti-bribery and anti-corruption laws and shall comply with this Policy.
• Charitable Donations
  • DLearners may make charitable donations that are legal and ethical under local laws and practices. It ensures that the charity or support is for a legitimate cause and that donations are not being used as a channel for Bribery.
  • Any Stakeholder may also, in their personal capacity, make donations that are legal and ethical under local laws and practices. However, it must be ensured that charitable contributions are not used as a scheme to conceal Bribery.
• Political Contributions

DLearners does not make contributions to any political party or politicians. Stakeholders must not use DLearners’s name or trademark for political activities of any kind or provide money or other forms of support to political parties on behalf of DLearners.

6. Restrictive Practices

An illustrative list of acts/practices that are restricted/prohibited under this Policy shall include but not be limited to:

1. Dishonest misappropriation of property/money, criminal breach of trust, and cheating, as defined under Indian Penal Code 1860 (“IPC”).
2. Receiving or giving bribes.
3. Acceptance/giving of gifts over and above the extent and the manner as allowed in this Policy.
4. Gifts on behalf of DLearners, its employees, and other stakeholders in the form of cash or kind, in any currency.
5. Charity or sponsorship in order to obtain commercial advantages.
6. Participation / contribution in / to political activities.
7. Payment of any costs for Government Officials and their relatives (or in their interests).
8. Any other unethical act or omission; and
9. To use partners, agents, joint ventures, intermediaries, or other persons for any actions that are contrary to the principles and requirements of the Policy or the rules of the applicable anti-bribery and anti-corruption law.

7.  Record Keeping and Internal Controls

1. DLearners shall keep books, records and accounts in reasonable detail that accurately and fairly reflect all transactions and disposition of DLearners’s assets.
2. DLearners shall maintain internal controls to prevent and detect potential violations of this Policy or of applicable laws. All Persons must completely and accurately document the amount of all transactions, including payments made on behalf of or expenses incurred by DLearners.
3. Records and documents generated in connection with the principles set forth in this Policy, including, but not limited to, any diligence files and contracting documents, must be maintained and stored.
4. Violation of this Policy may result in legal action / disciplinary action.

8. Reporting Violations

1. All Stakeholders are encouraged to raise concerns about any issue or suspicion of non-compliance with this Policy on statecoordinator1@dlearners.in/hr@dlearners.in. If they are unsure whether a particular act constitutes Bribery or corruption, they should immediately contact the concerned Business Head.
2. DLearners aims to encourage genuine reporting of non-compliance and will support anyone who raises concerns in good faith under this Policy.
3. DLearners endeavours that no one suffers any detrimental treatment because of refusing to take part in Bribery or corruption, or because of reporting in good faith their suspicion of an actual or potential Bribery or other corruption-related offence.
4. DLearners will investigate all allegations relating to corruption and Bribery and take legal or disciplinary action as may be deemed appropriate. All reports under this Policy would receive confidential treatment and DLearners would protect the identity of any person who reports a suspected violation. DLearners will prefer that persons identify themselves to facilitate the investigation of any report. However, in case the concerned person wishes to report anonymously, he/she may do so. DLearners will also use its best efforts to protect the identity of the person about or against whom an allegation is brought, unless and until it is determined that a violation has occurred.
5. Any use of the reporting procedures in bad faith or in a false or frivolous manner will be considered a violation of the code of conduct, and the reporter may be subject to disciplinary action, up to and including termination.

9. Training & Communication

1. DLearners ensures that it has adequate procedures to combat threats relating to bribery and corruption. Accordingly, DLearners provides appropriate training for its employees on prevalent anti-bribery & anti-corruption laws, their role and importance; to be in conformance with legal requirements and in compliance thereof.