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Recognizing that profitability is essential to our future success

INTELLECTUAL PROPERTY AND PROPRIETARY INFORMATION

Confidential Information

During the course of employment at Canway, all staff gain some knowledge and information which is nonpublic and proprietary.   Our staff is trusted with maintaining the confidentiality of this valuable information.   If this information were known outside the company, it could harm Canway and its employees.

Although you may feel enthusiastic about Canway, please remember that other people and/or companies may be interested in learning about or duplicating our service, techniques, management knowledge, operation systems, marketing strategies, training methods, business plans and more.   In the end, the ability of Canway to protect this confidential information depends on you.

What is this confidential information?   It includes things like supplier information, management information, business and marketing plans, and existing as well as future plans and product information.

What do you need to do to protect this important information?  Canway’s information should be used only for company purposes and should not be disclosed to anyone outside of Canway unless they have signed a non-disclosure agreement in advance, which is to be approved by a Law associate.  Even within the company, only these individuals who truly need to know to conduct their business should have access to confidential information.   If you leave Canway, you must return all company materials and property.

Confidential Materials

  1. Should be stored in a secure place and should not be left out where others can       see them

  2. Should be clearly marked as confidential

  3. Should not be sent to unattended fax machines or printers

  4. Should not be discussed where others may hear
      and
  5. Should be shredded when no longer needed

We are also committed to being fair in this area.   Just as we take care to protect our information, Canway respects the information of others.  Here are some basic rules to follow:

  • DON’T bring any papers or computer records from prior employers to Canway

  • DON’T accept or use anyone else’s confidential information (or agree to maintain anyone’s information in confidence) except under an agreement approved by a Law associate

  • DON’T solicit confidential information from another company’s present or former employees
    and
  • DON’T engage in “espionage”; be above board in obtaining information about the marketplace
Other Intellectual Property

As a staff member, the things you create for Canway belong to the company.   This “work product” includes inventions, discoveries, ideas, improvements and software programs.   This work product is Canway’s property (and does not belong to you) if it is created or developed, in whole or in part, on company time, as part of your duties or through the use of company resources or information.  Staff members must promptly disclose to Canway, in writing, any such work product and cooperate with the company’s efforts to obtain protection for Canway.  To ensure that Canway receives the benefit of work done by outside consultants, it is essential that an appropriate agreement or release be in place before any work begins.

Remember, too, that our brand, including the Canway name, is extremely valuable to Canway’s success.   Brands are fragile and must be used carefully and protected from others’ misuse.  Consult Canway’s guidelines for proper trademark usage.

When Canway uses the work product of others, we must also be sure to follow the rules.  For example, you should only use software for which you have a valid license and should only use that software in accordance with the terms of the license for that software.  Written materials may be subject to copyright protection and should only be copied when permitted.  Use caution, as not all copyrighted materials bear a notice.

Company Records

Canway’s policy is to retain its records only for as long as the records are being actively used, unless the law or business needs require longer retention.   This policy applies to records maintained in all forms at Canway, including records kept in written and electronic form.

If you are responsible for preparing or maintaining any Canway records, please remember:

  • Records must always be prepared accurately and reliably and stored properly in accordance with the company’s record retention policy

  • Records must accurately and fairly reflect, within Canway’s normal accounting systems, all required transactions and other events

  • Transactions must be recorded so that proper financial statements may be prepared and in a manner that ensures accountability for Canway’s assets and activities. If you need to dispose of corporate assets, please consult with the Accounting department for information on the correct procedures
    and
  • There cannot be any unrecorded company funds, assets or any other type of “off the books” accounts, no matter what the reason for such accounts
We do not knowingly destroy or discard evidence.  Records relevant to a legal action cannot be destroyed or discarded without the approval of a Law associate.   If Canway receives a subpoena, a request for records or other legal papers or if we have reason to believe that such a request or demand is likely, the company policy is to retain all records which are relevant to the matter.   If you receive such a request or other legal papers, notify one of our Law associates immediately.

FINANCIAL ACCOUNTING, INTERNAL CONTROLS AND AUDITING MATTERS

Complaints and concerns regarding questionable accounting, internal accounting controls or auditing matters should be reported through the Helpline.   Reports may be made anonymously and will be treated in a confidential manner.

In either instance, depending upon how reports are prioritized, they will be routed to the Corporate Compliance Program, the Chief Compliance Officer, the General Counsel, the Audit and Compliance Committee of the Board of Directors or the lead non-employee Director.

CODE OF ETHICS FOR CEO AND FINANCE LEADERS

Canway’s president and chief executive officer, chief financial officer, controller and other finance leaders are bound by a separate code of ethics (the “Finance Code of Ethics”) as well as these Standards.

INVESTIGATION OF IMPROPER CONDUCT

In order to follow through, Canway will enforce these Standards as follows.

Enforcement

The Chief Compliance Officer will be responsible for enforcement of these Standards.
Canway’s Law associates will report and advise the Board of Directors in connection with this policy.

Canway also has adopted a written policy known as the “Policy on Communicating Complaints and Concerns to the Company and the Board,” which governs the procedures for submission of complaints or concerns and how those complaints or concerns are addressed (the “Procedures”).   You may also call the Helpline.   The lead non-employee Director, Audit and Compliance Committee or other appropriate Board committee, Chief Compliance Officer, General Counsel or the Corporate Compliance Program, as applicable, will take prompt and appropriate corrective action where appropriate in response to reports under the Procedures.

Investigation

Canway will undertake an investigation of any suspected violation of these Standards, the Finance Code of Ethics and reports under the Procedures.  However, Canway must be provided with sufficient information to enable it to conduct the investigation.

Prohibition against Retaliation

Canway does not tolerate retaliation or adverse action against any of our staff for reporting a suspected violation of Canway’s policy that he or she reasonably believes to be accurate, or making a report or assisting in the investigation of a report under the Procedures.

Reviews

Compliance with many of these policies will be monitored by periodic self-reviews.  All our staff is required to cooperate fully with reviews and to provide truthful and accurate information.

Requests for Exception

Any staff member who believes that an exception to the Standards is appropriate should contact their manager first.   If the manager agrees that an exception is appropriate, a Canway Law associate should be consulted.   The Law associate will be responsible for maintaining a complete record of all requests for exceptions to any of these policies and the outcome of such requests.

Interpretation

Canway’s Corporate Affairs department and the Chief Compliance Officer are responsible for interpreting and applying these policies to specific situations in which questions may arise.   A record will be maintained of interpretations issued under these policies so that such interpretations will be consistent throughout Canway.

Questions relating to how these policies should be interpreted or applied should be addressed to a Law associate and/or the Chief Compliance Officer.

REPORTING VIOLATIONS

All staff is encouraged to call Canway’s attention any situation in which this policy may be violated.   In particular, any imminent threat to our staff, to Canway or any customer must be reported immediately.   Any staff member who has questions about this policy or who needs to report a known or suspected violation of this policy should do one of the following:

  • Contact your Manager.  Review the matter with your manager immediately.   Managers are responsible for determining whether a matter can be handled at their level in order to bring Canway into compliance within an appropriate period of time or whether a matter should be referred to the Law and Corporate Affairs department.

  • Contact the Functionally Responsible Department.  Review the matter with the Canway business team that is responsible for the area of concern. Functionally responsible departments are responsible for determining whether a matter can be handled at their level in order to bring Canway into compliance within an appropriate period of time or whether a matter should be referred to the Law and Corporate Affairs department.

  • Contact Canway’s Law and Corporate Affairs Department.  Even though staff members are encouraged to use the above reporting mechanisms, staff may report any known or suspected violation directly to the Law and Corporate Affairs department.

  • Contact the Partner Resources Department.   Staff may report any known or suspected violation to the staff Resources department.

  • Contact the Standards of Business Conduct Helpline.   The Helpline has been established to answer questions about legal or ethical issues at work, to clarify these Standards of Business Conduct and to allow our staff a means to report potential wrongdoing, including concerns regarding questionable accounting, internal accounting controls or auditing matters.  You may also use the Helpline to contact any member of the Board of Directors or the full Board itself.

  • Contact the Canway’s Auditline.  While established primarily for the benefit of non personnel, you may call the Canway Auditline as well.   Callers to the Standards of Business Conduct Helpline or Auditline have the option of remaining anonymous.  All issues are handled in a confidential manner and cannot be traced to any telephone either within or outside of Canway.  All allegations will be taken seriously, whether staff members identify themselves or choose to remain anonymous.
DEFINITION AND APPLICATION

This policy applies to all of Canway operations.   The term “Canway Law and Corporate Affairs department” means any attorney employed by Canway.   The term “staff” includes Canway employees and corporate officers, as well as members of the Board of Directors in regard to their Canway duties and as appropriate and relevant to the exercise of those duties.

DISTRIBUTION

All staff of Canway will be given a copy of the Standards and each new staff will receive a copy of the Standards at the time of hire.

PUBLICATION OF THE STANDARDS;
AMENDMENTS TO, AND WAIVERS OF, THE STANDARDS

Canway’s Annual Report will disclose that these Standards are maintained on the website and will disclose that substantive amendments and waivers will also be posted on the website, as required by applicable law, rule or regulation, including with respect to the timing of the disclosure.   Because the Standards are revised periodically please check the website for the most recent version of the Standards.

Any substantive amendment or waiver of these Standards or the Finance Code of Ethics particularly applicable to or directed at a member of the Board of Directors or the chief executive officer, chief financial officer, chief accounting officer or controller, or persons performing similar functions may be made only after approval by the Board of Directors, after receiving a recommendation from the Audit and Compliance Committee of the Board of Directors.  Any waiver of these Standards applicable to or directed at any other staff member may only be granted by the Chief Compliance Officer with notice to the Chair of the Audit and Compliance Committee of the Board of Directors.

NON-EXCLUSIVITY

The policies stated herein are not all the applicable Canway policies nor are they a comprehensive or complete explanation of all laws which are applicable to Canway and its staff.  All Canway staff have a continuing obligation to familiarize themselves with applicable laws relating to their job responsibilities and Canway policy.

IMPLEMENTATION

Canway takes seriously reports of possible violations of these Standards, the Finance Code of Ethics, the law or the company’s other policies.   As appropriate, we will investigate and take action, including taking steps to prevent a recurrence of any problems.   We will need your cooperation in any investigation.  Canway’s policy requires all our staff to follow the law and to act honestly and ethically in conducting the company’s business.   We are, of course, each responsible for our own conduct.   No one has the authority to approve illegal acts, and an illegal act cannot be justified because a superior “ordered it.”

Canway’s policy does not permit staff to direct or encourage another staff to violate the law or to otherwise act improperly.   If you are ever faced with this situation, speak up.   For example, talk to your manager, Partner Resources or one of our Law associates, or call the Helpline.   Use whatever method you like, but be sure to let us know.

Failure to comply with the law and these Standards can have severe consequences for the company and the staff involved.  Any staff member who fails to meet the obligations set forth in these Standards, the Finance Code of Ethics or the law will be subject to discipline, up to and including dismissal.   Discipline also may be imposed if a staff member fails to report violations of the Standards, the Finance Code of Ethics or the law; if a staff member retaliates against another staff member for reporting a violation or cooperating in an investigation; if a staff member lies or deliberately withholds relevant information in making a report or in an investigation; if a staff member directs others to violate these Standards, the Finance Code of Ethics or the law; or if the circumstances indicate a supervisor has failed to adequately or properly perform their supervisory duty.

Failure to comply with these Standards is a serious matter.   Actions that violate these Standards also may violate federal or state laws. Such violations can subject the individuals involved to prosecution, imprisonment and/or fines.   The company also may be subject to prosecution and significant fines for staff members’ improper conduct.  All our staff is required to acknowledge that they have read, understand and are in compliance with the Standards of Business Conduct.  Abiding by the Standards of Business Conduct is a condition of continued employment with Canway.

ONGOING COMMUNICATION AND REVIEW

It is your personal responsibility to ensure that you know and understand what the Standards of Business Conduct require.   As additional guidance to our staff, Canway offers training and ongoing communications about the matters in the Standards.  You also may receive more detailed training in subjects related to your job (for example, health and safety, antitrust or the environment).   To confirm our progress, we will review and monitor these and other areas.

We expect our staff to attend all required training and, where appropriate, to assist and cooperate in our monitoring and reviews.  If you are a manager, you should ensure that your staff attend the proper training and, when appropriate, assist in reviews.

A commitment to integrity, acting honestly and ethically, and complying with the letter and spirit of the law are critical to our continued success.   We are counting on each of you to do your part.  Remember, please, do the right thing.

 

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