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Five9 Supplier and Partner Code of Conduct

Effective July 1, 2024 

Five9 is committed to helping to ensure that working conditions in its operations and supply chain are safe and that business operations are conducted ethically and environmentally responsibly. Five9 is also committed to helping to ensure that all workers are treated equally and with respect and dignity. 

Each Five9 supplier and partner shall comply with, and not attempt to circumvent, the laws, rules, and regulations applicable to its business within the countries in which it operates, as well as the standards and ethical values set forth in this Supplier and Partner Code of Conduct. If a signed written agreement between Five9 and a supplier or partner contains requirements that are in addition to, or more specific than, the requirements contained herein, or stricter requirements than those contained within this Supplier and Partner Code of Conduct, supplier or partner shall comply with such requirements.

1. ABOUT THIS CODE

1.1 Corporate integrity, environmental sustainability and the safety and wellbeing of workers in the countries where we do business are of paramount importance to Five9. We are an equal opportunity employer committed to equality and non-discrimination.

1.2 These core principles are reflected in this Supplier and Partner Code of Conduct (the "Code"), which establishes the minimum standards that shall be met by anyone that supplies products or services to us. 1.3 This Code should be read in conjunction with the Five9 Code of Ethics and Business Conduct.

1.3 This Code should be read in conjunction with the Five9 Code of Ethics and Business Conduct.

2. DEFINITIONS

2.1 “Supplier” means a company, partnership or individual that is a business partner of, or provides goods or services to, Five9.

2.2 “Personnel” means any individual(s) whom Supplier employs, hires or engages, or otherwise uses to conduct its business.

2.3 “Representative” means any of Supplier's suppliers, vendors, agents, and subcontractors who are involved in Five9's supply chain.

3. WHO MUST COMPLY WITH THIS CODE

All Suppliers shall comply with this Code and shall ensure that all Personnel and Representatives involved in any project or assignment for Five9 are aware of this Code and comply with it.

4. SUPPLIER'S COMMITMENT

4.1 Supplier agrees that:

(a) It shall comply with the requirements in this Code.

(b) It has appropriate systems in place to ensure continuous compliance and to demonstrate such compliance.

5. COMPLIANCE WITH LAWS, REGULATIONS AND STANDARDS

In carrying out its agreement(s) with Five9, Supplier shall, in addition to complying with the requirements and standards set out in this Code, comply with all applicable laws and regulations (and if applicable, the laws and regulations of any other jurisdiction where it or its Representatives operate) including, but not limited to, the laws and regulations relating to issues addressed in this Code.

6. WORKFORCE REQUIREMENTS

6.1 Modern slavery is a violation of fundamental human rights. Supplier shall comply with all applicable anti-slavery and human trafficking laws and regulations from time to time in force, including in any part of its supply chain. This includes, but is not limited to, not supporting or engaging or requiring any forced labor, the use of child labor, bonded labor, indentured labor or prison labor.

6.2 Accordingly, Supplier shall meet the following workforce requirements:

(a) All work shall be carried out voluntarily. Personnel shall not be subject to forced, prison, bonded, indentured or compulsory labor (collectively “Modern Slavery”) in any form. Personnel shall not be required to hand over their identity or travel permits, passports, or other official documents or any other valuables.

(b) Personnel shall have the right to terminate their employment freely, as appropriate following a reasonable period of notice in accordance with applicable laws and collective agreements, and without the imposition of any penalties.

(c) Personnel shall not be required to make payments which have the intent or effect of depriving Personnel of their freedom not to work, including security payments, or be required to repay debt through work.

(d) Personnel shall have the terms of their employment or engagement set out in a written document that clearly sets out their rights and obligations. Such document shall be provided to Personnel in advance of them starting work, shall be honored by the employer, and shall meet the minimum requirements of applicable laws and regulations.

(e) There shall be no use of child labor. Nobody shall be employed under the minimum age of 15 years (or 14, if allowed by applicable law).

(f) Supplier shall not tolerate or inflict inhumane treatment, including any sexual harassment, sexual abuse, or other forms of abuse or harassment, whether mental or physical. Suppliers and Representatives are to ensure that Personnel under the age of 18 years are not to be involved in any work that is hazardous or likely to have a negative impact on the employee’s physical or mental development.

(g) Supplier shall ensure that Personnel shall be paid at least the statutory minimum wage in all jurisdictions in which Supplier operates or procures goods and/or services and comply with any legally mandated benefits.

(h) Supplier shall ensure that Personnel are not forced, required, or otherwise compelled to work hours that are excessive (e.g., bringing their effective wage under the statutory minimum or the economic equivalent thereof) or are in contravention of applicable laws and regulations.

7. EQUALITY AND ANTI-DISCRIMINATION

7.1 Supplier shall comply with all applicable equality, employment and anti-discrimination laws and regulations including in relation to hiring, employment practices, and harassment.

7.2 Supplier shall provide (i) a workplace free of harassment or discrimination based on and (ii) equal opportunities in the workplace irrespective of: race, color, religion, age, nationality, sex, sexual orientation, gender, gender identity, disability, veteran status, caste, pregnancy, marital status, union membership, or any other status protected by applicable law.

7.3 In respect of its own supply chain and business partnerships, Supplier shall utilize search and assessment processes that are both unbiased and transparent.

8. ENVIRONMENTAL

8.1 Supplier shall comply with all applicable environmental laws and regulations and shall specifically ensure that:

(a) its operations comply with all applicable environmental laws and regulations, including in relation to climate change, waste disposal, emissions, discharges and the handling of hazardous and toxic materials; and

(b) any goods it manufactures (including the inputs and components that it incorporates into its goods) and supplies to Five9 comply with all applicable environmental laws and regulations.

8.2 If appropriate, given the nature of Supplier’s operations, Supplier shall have in place a suitable environmental management system for managing its environmental risks. At a minimum, the system should include and address the following:

(a) an assessment of the environmental impact of all historical, current and likely future operations;

(b) steps to continuously improve environmental performance, reduce pollution, emissions and waste;

(c) measures to reduce the use of all raw materials, energy and supplies; and

(d) raising awareness and training workers in environmental matters.

8.3 Supplier shall use commercially reasonable endeavors, and, at a minimum, meet industry standards, to:

(a) use resources efficiently, apply energy-efficient and environmentally sensitive technologies and reduce waste, as well as emissions to air, water and soil; and

(b) minimize its negative impact on biodiversity, climate change and environmental resources.

9. CONFLICT MATERIALS

9.1 Supplier shall comply with all applicable laws and regulations relating to the use and supply of conflict materials or unsustainably mined materials.

9.2 Supplier shall have in place appropriate policies and procedures to prevent against risks presented by the acquisition or use of conflict minerals or unsustainably mined minerals in their own supply chain.

10. HEALTH AND SAFETY

10.1 Supplier shall comply with all applicable health and safety laws and regulations.

10.2 Supplier shall:

(a) provide Personnel with a safe work environment and conditions;

(b) take all reasonably practicable steps to eliminate or reduce safety risk to Personnel and others affected by their activities;

(c) provide appropriate training, personal protective equipment to Personnel; and

(d) ensure appropriate policies and procedures are in place to assess, manage and monitor safety risks to Personnel and others affected by their activities

11. DATA PROTECTION/INFORMATION SECURITY

11.1 Supplier shall comply with applicable data protection legislation and regulations when handling, storing, sending, and otherwise processing personal data in the course of its operations.

11.2 Supplier shall take all reasonable steps to protect and safeguard the personal data and privacy rights of Personnel, individuals and entities connected to and within its operations.

11.3 Supplier shall take all reasonable steps to protect and safeguard the personal data, proprietary data and privacy rights of Five9.

11.4 Supplier shall ensure that it complies with all relevant intellectual property legislation and regulations in jurisdictions in which it operates.

12. ETHICAL AND RESPONSIBLE USE OF TECHNOLOGY

12.1 Supplier shall comply with all applicable laws and regulations relating to the responsible and ethical use of technology, including, but not limited to, the responsible and ethical use of artificial intelligence models and systems.

12.2 Supplier shall ensure that its technology respects, and is not used to circumvent, fundamental rights, as defined by applicable laws and regulations.

12.3 Supplier, if applicable, shall cooperate with Five9’s efforts to comply with global laws regulations, and pending legislation and regulations regarding the use of technology, especially the ethical and responsible use of technology involving artificial intelligence models and systems.

13. ANTI-BRIBERY AND ANTI-CORRUPTION

13.1 Supplier shall comply with all applicable laws and regulations relating to the prevention of bribery and corruption. To that end, Supplier shall not accept, offer, promise, pay, permit or authorize:

(a) bribes, facilitation payments, kickbacks or illegal political contributions;

(b) money, goods, services, entertainment, employment, contracts or other things of value, in order to obtain or retain improper advantage; or

(c) any other unlawful or improper payments or benefits.

13.2 Suppliers shall not offer or accept any gift or anything else of value to obtain improper advantages or influence for Supplier, for Five9 (including Five9 employees and/or their family members and associates), or for any other third party. Gifts include, but are not limited to, benefits, fees, commissions, dividends, cash, gratuities, services, or any inducements.

14. INTEGRITY

14.1 Five9 expects Suppliers to act with integrity and honesty.

14.2 As such, Suppliers shall not seek to gain advantage by acting in a fraudulent manner, whether by deceiving someone or acting dishonestly. This shall include, but is not limited to, misreporting or misrepresentations of time spent, costs incurred, expenses or third-party costs, false accounting, money laundering, tax evasion or misappropriation of any property.

15. TRADE AND SANCTIONS

Supplier shall comply with all applicable trade and sanctions laws and regulations.

16. UNFAIR BUSINESS PRACTICES

Supplier shall comply with all applicable anti-trust and competition laws, including but not limited to, those relating to teaming and information sharing with competitors, price fixing and rigging bids.

17. ESCALATING CONCERNS

Five9 maintains an anonymous and confidential reporting system. Suppliers can access the anonymous and confidential reporting system online at https://www.whistleblowerservices.com/FIVN/.