Code of Ethics
Mexican Internet Association, AC
CODE OF ETHICS PRESENTATION
TITLE GENERAL PROVISIONS
Article 1. Definitions. For the purposes of this Code it will be understood as: a) AMIPCI/Association. Mexican Internet Association. b) Associates. All natural or legal persons that belong to AMIPCI and are classified according to the provisions of its Social Statutes. c) Affiliates. Those people admitted to the Association and who are classified according to the provisions of its Social Statutes d) Contracting Party. Natural or legal person who contracts the AMIPCI Trust Seal. e) Code. This Code of Ethics. f) Institutional conflict of interest: arises when, as a result of other activities or relationships, an organization/company/institution cannot provide impartial services, the objectivity of the organization/company/institution to carry out the corresponding work is or may be affected. , or the organization has an unfair competitive advantage. g) Conflict of personal interest: is a situation in which a person's private interests - such as external professional relationships or personal financial assets - interfere or can be understood to interfere with the fulfillment of their institutional or business functions. h) Ethics Committee. To the AMIPCI body in charge of monitoring the conduct of the Associates, receiving complaints, resolving controversies related to the Object of the Association that arise between the Associates, resolving doubts and comments related to the application of this Code and, where appropriate, imposing the appropriate sanctions and/or corrective measures. i) Board of Directors. The governing body of the AMIPCI consisting of its President, Vice President, Secretary, Treasurer and Vice Presidents of the Committees. j) Trust Seal. It is a distinction granted by AMIPCI to websites that belong to companies, organizations, institutions and people identified and committed to generating trust online who require it. k) Industry. The Information Technology (IT) Industry in Mexico, including providers of access services, sites and portals, providers of computer equipment, software, professional services, telecommunications services, content development and marketing companies, as well as advertising, Internet marketing and related disciplines. l) Electronic commerce. Any economic transaction consisting of the contracting of products and/or services between an offeror and a consumer, in which the offer by the offeror and acceptance by the consumer are carried out through an electronic means of distance communication. m) Alternative dispute resolution mechanisms. Voluntary procedures such as conciliation, negotiation, mediation or arbitration, based on the satisfaction of the parties and good faith, carried out by an impartial third party, through which members can resolve disputes that arise with the owners and third parties without the need for jurisdictional intervention. n) Electronic means of remote communication. All those that allow the provision of information society services. The following will not be considered electronic means of distance communication, for the purposes of this Code: a. Television b. Broadcasting Article 2. This Code establishes the minimum standards of conduct. It is the responsibility of Associates, Affiliates and Contractors to adjust their conduct to this Code. The minimum standards of conduct contained in this Code are additional to those of a legal nature applicable in the United Mexican States. In the event that any of the legal provisions applicable in the United Mexican States in relation to the standards of this Code are some stricter than the others, those considered strictest must apply. Article 3. Scope of the Code. This Code applies to Associates, Affiliates and Contractors, who by having such character acquire the obligation to adjust their conduct and commercial activities, as well as the provision of their services to the provisions contained in this Code. This Code will be disseminated internally and externally and will come into force from that moment, and modifications may be made to it at the request of the Associates, Affiliates, Contractors and users, as well as the Committee itself, as long as it is reasonably justified and approved by the Council. Executive. Article 4. Interpretation. In cases of doubt about the conduct of any of the Associates or Contractors, or the scope of this Code, the resolutions of the Ethics Committee will resolve the issues that arise. TITLE II CHAPTER I RIGHTS OF ASSOCIATES, AFFILIATES AND CONTRACTORS Article 5. Description of the Rights of Associates. All Associates will have the Right to: a) Present to the Ethics Committee the actions or omissions of an Associate, affiliate and/or Contractor that imply a breach of the provisions of this Code. b) Request the testimony of other Associate(s), Affiliate(s) or Contractor(s) to help confirm or clarify the evidence against any Associate, User and/or Contractor before the Ethics Committee. This request will be made formally to the Ethics Committee, who will have to determine whether said testimony is appropriate or not. In any case, the confidentiality of the witness's name and her statements will be guaranteed whenever possible. c) Suggest changes or modifications to this Code for the benefit of generality and constant improvement for the benefit of the Industry. d) Report any deviation from the rules and procedures contained in this Code to the AMIPCI Board of Directors, so that, if deemed appropriate, The case is referred to the Association's Ethics Committee and proceeds in the terms provided in these regulations. CHAPTER II OBLIGATIONS OF ASSOCIATES, AFFILIATES AND CONTRACTORS Article 6. Obligations of Associates, affiliates and Contractors. By way of example but not limitation, said obligations will be the following: a) Respect and act in accordance with this Code of Ethics. b) Compete in an ethical, loyal, fair and equitable manner according to the objectives of the Association. c) Avoid conflicts of interest, both institutional and personal. d) The others contained in this Code. CHAPTER III OBLIGATIONS OF THE ASSOCIATES, AFFILIATES AND CONTRACTORS WITH THE COMPANY Article 7. Associates, Affiliates and Contractors must distinguish themselves in the business field for their exemplary, upright and honest performance, obligating themselves to demonstrate the highest level of professionalism, morality, quality and performance in all of their commercial operations. Article 8. The Associates, Affiliates and Contractors undertake to maintain free and impartial judgment when issuing their opinions regarding the queries made to them about the Association and its interests. A lack of impartiality is considered when: a) Undue advantage is taken of the clientele of any product, person, company, trade name or symbol, through printed advertising or in any other mass media. Requires explanation b) The cost, functions, advantages or disadvantages of any product or service are not adequately explained with objectivity and truthfulness. Article 9. Quality of products and/or services and guarantees. Every Associate, Affiliate and Contractor must offer products and/or services with guarantees that must be fulfilled, in order to dignify the Industry, its Associates, Affiliates and the other Contractors. Article 10. Regarding the personnel under your charge. All Associates, Affiliates and Contractors are obliged to treat the personnel under their charge and the personnel of other Associates, Affiliates and Contractors with respect, affirming the principle of equality, recognizing their ability and experience, and therefore promoting improvement and improvement. continuation of the staff in charge. The practice of hiring competing personnel with the express purpose of harming a competitor must be avoided, without prejudice to the right to freedom of labor contracting. Article 11. Responsibility of your staff. The Associate, the Affiliate and the Employer will assume responsibility for the acts, work or services provided by their personnel, in accordance with this Code. Article 12. Proposal or Acceptance of work. Every Associate, Affiliate and Contractor undertakes not to propose or accept work, provide services or market products that go against the law, honesty or free competition or that violate the confidentiality of the information of third parties, which by virtue of of this Code of Ethics must be observed. Article 13. Confidentiality. Every Associate, Affiliate and Contractor has the obligation not to disclose or take improper advantage or contrary to the legal or contractual provisions of confidential information, industrial or commercial secrets, as well as the facts, data, circumstances or projects of which they have knowledge, the disclosure of which could be cause damage or harm to the owner of said information or secret. No actions should be taken to acquire or use confidential information or trade secrets from competitors, service providers or third parties. Actions such as industrial espionage, bribery, illicit access to places, theft and tapping of telephone lines, abuse of trust, among other illegal conducts, will be considered violations of this Code. CHAPTER IV OBLIGATIONS OF ASSOCIATES, AFFILIATES AND CONTRACTORS WITH THEIR SUPPLIERS Article 14. Conditions. All Associates, Affiliates and Contractors must maintain transparent and honest dealings with their suppliers, based on quality, agility in response and prices. Likewise, he will ask his suppliers to act with ethical principles similar to those contained in this Code. CHAPTER V OBLIGATIONS OF ASSOCIATES, AFFILIATES AND CONTRACTORS WITH THE INDUSTRY Article 15. Purposes. The Associate, Affiliate and Contractor must maintain the values provided for in this Code above the economic remuneration for their products and/or services. Article 16. Respect for Associates, Affiliates and Contractors. All Associates will try to have good relations with each other, as well as with AMIPCI, always seeking and promoting mutual support for the dignity of the activity. Associates, Affiliates and Contractors will refrain from making unfair comments about another Associate, Affiliate or Contractor, when such comments damage their reputation, good name, commercial credit, moral quality and personal prestige or that of the Industry in general. All Associates, Affiliates or Contractors must base their activities exclusively on the merits of their products or services. It will be a violation of this Code to refer to competitors, their products or services through false statements, insinuations or statements that lead to error. Any comparison of products, prices or services must be carried out in a fair, correct, truthful and verifiable manner and must in no way tend to induce error or confusion. Article 17. Free Competition. Associates, Affiliates and Contractors who market products or services related to the Industry will respect antitrust regulations; Likewise, they will enter the market with full responsibility and respect towards other Associates, Affiliates and Contractors, promoting clean and fair competition that allows, in addition to individual success, the sustained growth of the industry. The Associates, Affiliates and Contractors will avoid any monopolistic practice, prohibited concentration or agreement tending to have an improper advantage that results in the detriment of users, consumers or other Associates. Associates, Affiliates and Contractors will avoid granting gifts, bonuses, gifts, commissions or any other benefit of value to any person or entity in exchange for the benefit of the business against any competition that may arise. All Associates, Affiliates and Contractors must behave in a manner that promotes the image of morality, honesty, professionalism and seriousness of the Industry. All Associates, Affiliates and Contractors are obliged to fully and loyally comply with the precepts of the Law of Acquisitions, Leases and Services of the Public Sector, the Law of Public Works and Services Related Thereto, its regulations, as well as to respect the provisions of the Law on Responsibilities of Public Officials. Without prejudice to the foregoing, during the procurement process through public bidding or any other government procurement, the Associate, Affiliate and Contractor competing for the award must not attempt to improperly influence decisions or obtain confidential information from officials. responsible, including those who act on behalf of the Government Entity or Agency or competitors. Article 18. Dignity of the activity. All Associates, Affiliates and Contractors, in the marketing of their products or services, must generate a positive image of both the Industry and its actions. Article 19. Industrial and Intellectual Property. Every Associate, Affiliate and Contractor will be obliged to respect the industrial and/or intellectual property rights of the holders of the corresponding rights on computer equipment, software, equipment and telecommunications networks, including their parts or components to which they have access, as well as as with respect to any other property, ensuring that its employees comply with each and every one of the stipulations contained for this purpose, both in the Federal Copyright Law and in the Industrial Property Law. Likewise, when it comes to products coming from abroad and their use, disposal, reproduction or any other treatment is explicitly prohibited, it is carried out in accordance with the applicable legal provisions by paying the corresponding rights. The above is applicable to any product, service, technology, technical assistance, market information, strategies, price lists, advertising campaigns, whose access, disclosure or use is restricted, or is designated as confidential information or is protected. by patents, trademarks, industrial secrets, copyrights or any privilege in accordance with the legislation of the matter. Article 20. Piracy and Plagiarism. Every Associate, Affiliate and Contractor must promote and, to the extent of its possibilities, ensure that whoever works for it does not copy or use, without authorization of the copyright holder, the computer programs, their user manuals and specifications, as well as all documentation related to the software. calculation. Associates, Affiliates and Contractors will take actions to avoid plagiarism and piracy. CHAPTER VI OBLIGATIONS OF THOSE ASSOCIATED WITH EDUCATION Article 21. Of the transmission of knowledge. The Associates, Affiliates and Contractors will share information with each other, as long as said information is not confidential or restricted and said information is shared generally to all Associates, Affiliates and/or Contractors. Said information thus disclosed will only be for the exclusive benefit of the Associates, Affiliates and/or Contractors and may not be revealed or disseminated to any other third party that is not a member of the AMIPCI. The Associate, Affiliate or Contractor who, in any way, transmits their knowledge, will have as their fundamental objective to maintain the highest standards of professionalism and conduct, and contribute to the development and dissemination of the Industry's own knowledge. Associates, Affiliates or Contractors who carry out a teaching activity must always reinforce the following topics for the benefit of the new professional and the Industry. a) Absolute refusal to plagiarism and piracy; b) Commercial practices of fair and free competition; c) Refusal to corruption as a means of doing business; d) Respect for intellectual property, the different sectors of the Industry and their colleagues; and in general. e) Promote ethical performance of their school and professional activity. Article 22. Training of new generations. The Associates, Affiliates and Contractors undertake to support new generations of professionals in the Industry so that they integrate into the Internet economy, supporting their training, personal development, cultivating their skills and creating new generations of professionals in the Industry with the highest technical and human quality. The Associates, Affiliates and Contractors who may participate in the teaching activity or in the formulation of study plans will have the obligation to ensure that the new generations receive complete knowledge in the different branches of the Industry and that they meet the work needs that they require. the market requires. CHAPTER VII OBLIGATIONS OF THE ASSOCIATES, AFFILIATES AND CONTRACTORS WITH THE AMIPCI Article 23. Compliance with the provisions. Every Associate, Affiliate and Contractor has the obligation to respect the rules, provisions, policies, procedures and guidelines issued by the Association. Likewise, it is the obligation of all Associates, Affiliates and Contractors to comply with all applicable legal provisions on the matter in the performance of their activities. Article 24. Stake. The Associates, Affiliates and Contractors must have a proactive participation so they will do their best to participate in the activities promoted by the Association, seeking at all times the improvement of the Industry and the Associates, Affiliates and Contractors. Article 25. Recruitment of partners. Every Associate and Affiliate is obliged to promote the Association among their colleagues and members of the Industry, seeking their membership, motivating them to continued participation and communicating the benefits of AMIPCI in the Industry and in Society. Article 26. Any Associate, Affiliate and Contractor who for any reason stops belonging to the Association must stop claiming to be a member of the Association and will avoid any action that, for their own benefit or for any other reason, affects the Association, its members or the Industry. . Article 27. Conditions. No Associate, Affiliate or Contractor will be obliged to grant special commercial conditions to any Associate, Affiliate or Contractor for the simple fact of belonging to the AMIPCI, unless there is a special agreement approved by the Board of Directors of the same and that it is general conditions for the entire membership. However, any Associate, Affiliate or Contractor is free to grant special conditions to another Associate, Affiliate or Contractor or to the membership in general if they so wish, even without an Agreement previously approved by the Council. TITLE III COMPLAINTS CHAPTER I PROCEDURES Article 28. In order to proceed with the opening of an investigation against any Associate, Affiliate or Contractor, the complainant will report any deviation from the rules and procedures contained in this Code to the Board of Directors of AMIPCI, so that, if considered appropriate, it will be refer the case to the Ethics Committee of the Association, without prejudice to the fact that the Committee may proceed to investigate any violation ex officio, when it deems appropriate. Article 29. The complainant may be any Associate, Affiliate of AMIPCI, Contractor of the Trust Seal, as well as a User. Article 30. To submit any complaint, the following requirements must be met: a) Submit the complaint in writing and signed, addressed to the AMIPCI Board of Directors. b) Send it or deliver it personally with acknowledgment of receipt, signed by AMIPCI staff or by members of the AMIPCI Board of Directors. c) Contain a narrative of the facts on which the complaint is based, accompanied by evidence that demonstrates the facts narrated. Article 31. If it is deemed appropriate, the AMIPCI Board of Directors will forward the complaint to the members of the Ethics Committee. Once in a plenary meeting, the Ethics Committee, through whoever is designated at that time, will read the complaint or query, which will be assigned to one(s) of its member(s) to study and collect sufficient data to produce, in a short time, a detailed report or response to the Committee regarding the complaint or query. presented, expressing, where appropriate, the reasons for accepting the complaint or query, processing it and indicating the evidence that was provided as well as the arguments to be considered to issue the corresponding resolution. In the case of procedures initiated ex officio, said person will do the same in relation to the result of the investigation. The Committee must inform the complainant or person making the query in writing immediately after its first reading so that the complainant or person making the query knows that their case is being attended to and is being processed, for the purposes of the following article. The members of the Ethics Committee will be obliged to maintain the most absolute confidentiality regarding the complaint, query or ex officio investigation of which they become aware, in the exercise of their duties, and must refrain from disclosing aspects related to the complaint, query or investigation, as well as the parties involved in it. Article 32. The accused Associate, Affiliate or Contractor has the right to be promptly informed of the complaint or result of the investigation against him/her in order to attend (in person or remotely) the plenary meeting described above, prior notification of the reason for the accusation. , so that you are informed of the facts and within a period of 10 (ten) business days, present the arguments you deem appropriate and exhibit the evidence to demonstrate them. In the case of consultations, the Committee will respond in a clear, honest and transparent manner to whoever makes them within a period of no more than 20 business days. Article 33. Once the previous steps have been completed, including the guarantee of hearing and defense of the accused, the Ethics Committee in a plenary meeting and in accordance with the report referred to in Article 31, will agree on the origin of the complaint and, as the case may be, will dictate the corresponding resolution. TITLE IV CHAPTER I OF THE ETHICS COMMITTEE Article 34. Features. The Ethics Committee will be the body in charge of: a) Monitoring that the conduct of Associates, Contractors and/or Industry users adheres to this Code. b) Receive complaints from Associates, Contractors or users for violations of this Code or initiate ex officio investigations. As well as receive queries related to the application of said Code. c) Interpret this Code. d) Defend Associates or Contractors in case of unjustified complaint. e) Resolve disputes that arise in the exercise of the activity between Associates or Contractors. f) Keep a log of the complaints and queries received, indicating at least the following fields: type (complaint, complaint or query); title, textual description, date received, date responded, type of response provided; others. This log will be part of the delivery of activities to the next Ethics Committee and it will be the responsibility of the President of the Association to ensure that it is kept and delivered in a timely manner. The log will also be accompanied by documentary evidence that supports the resolutions determined. The Ethics Committee will carry out its functions in an impartial, honest, exhaustive and confidential manner. Article 35. Members. The Ethics Committee will be made up of the following way: a) By five (5) members: the President of the Board of Directors of the Association who will serve as President of the Committee, a Commissioner, who will be appointed by the Board of Directors, a member of the Board Advisory, the Vice President, the related Committee (if applicable) and an additional person who will be designated by the Board of Directors. In the event of a conflict of interest for any of the members, the Board of Directors will designate, by simple majority, the substitute person that will act in the particular case. Temporary or permanent absences of any of its members will be resolved by the appointment of a substitute. b) Those who have been found guilty of any violation of the provisions of this Code may not be members of this Committee; Nor may those who are not up to date in the exercise of their rights and obligations with the Association. Article 36. Duration of the Committee. The members of the Committee will remain in office for the same time as the members of the AMIPCI Board of Directors, their election and the duration of their functions coinciding with that of the Board of Directors. Article 37. Meetings. The Ethics Committee will meet every time it is convened by the President of the AMIPCI or at the request of any Associate, Contractor or user to hear about the complaints presented, according to the rules established in Title III of this Code. The meetings may be plenary or individual. Plenary meetings will be those in which all members of the Committee must meet. Notwithstanding the above provisions, a quorum will be considered present at plenary meetings when the majority of the members of the Committee are present. Private meetings will be those in which the President or Vice President in case of absence and two or more members of the Committee meet to discuss a specific matter that does not require the presence of all its members, without prejudice to the fact that, if deemed appropriate by the importance of the issue, be attended to and resolved in a Plenary Meeting. Only in plenary meetings can the cases listed in Article 34, paragraphs (b), (c) and (e) be heard. In both plenary and individual meetings, another person may be invited, whether Associate, Contractor or not, in order to help clarify the case in question. Guests will have the right to speak but not to vote. All members of the Ethics Committee will have the obligation to attend plenary meetings. The rulings issued by the Committee will be resolved by majority vote. Without prejudice to the provisions of Article 31, the Committee may order the reprimand, suspension or cancellation of the participation of any associate as a member of the AMIPCI, when so determined in the respective resolution. In the event that, during the voting for the resolution of a case, there is a tie, the President will have the casting vote to decide the resolution of the case. In the case of consultations, they may be agreed upon among the members economically via electronic means, as long as the case allows it. Article 38. Place. The meetings will be held in the place decided by the Committee.