Each of us has an obligation to do what is right for Equinix. This means avoiding situations that create–or even appear to create–a conflict between our own personal interests and the Company’s interests. A conflict of interest is anything that impedes objectivity or effectiveness in our job performance or decisions we make on behalf of Equinix. Transparency is essential to avoiding conflicts of interest.
It’s impossible to list all the ways that a potential conflict of interest could arise, but there are certain situations where conflicts are more likely to occur. Below we describe a few ways you may encounter a conflict of interest. It’s important that you are able to recognize a potential conflict and take appropriate action. If you have any questions about possible conflicts, please talk with your manager or contact the Compliance Office before engaging in the activity or as soon as it comes to your attention that a conflict may exist.
Doing business with friends and family can create a conflict of interest. Conflict of interest guidelines are not meant to interfere with our families or personal lives, but there are a few situations where the actions of close friends and family members could create concerns. For example, if you have a spouse, relative or close friend who works for a company that provides goods or services to Equinix, you must make sure that you do not use your position to influence the bidding process or other negotiations. If you are directly involved in purchasing functions, you should make your manager aware of the situation and discuss any potential problems. You should also make your manager aware of any relatives or close friends who work for competitors.
Be careful if you are doing work for other companies. Working as a director, officer, consultant or employee of any organization that supplies goods or services to Equinix, purchases goods or services from Equinix, or competes with Equinix can present a conflict. You are not allowed to work for a competitor in any capacity.
Starting your own part-time business or taking on additional part-time work with an outside organization that has no association with Equinix does not necessarily create a conflict of interest. However, it’s important to talk with your manager to make sure there is no conflict and that the second job does not interfere with your time and responsibilities at Equinix.
Investing in companies that compete or work with Equinix can be a conflict of interest. Having a material financial interest in a customer, supplier, developer or competitor of Equinix may create a conflict of interest. In deciding whether to make such an investment, you should consider the size and nature of the investment, your ability to influence decisions of Equinix or of the other company, your access to confidential information about Equinix or the other company, and the nature of the relationship between Equinix and the other company.
You may not use your position with Equinix for personal gain. Any opportunities that you become aware of while using Company property information, or as a result of your position, belong to Equinix. You may not use confidential or proprietary information or processes you learned of through your position with Equinix for personal gain or to Equinix’s detriment, including consulting engagements with hedge funds and other investment professionals.
In many places and cultures, giving and receiving gifts is an important part of doing business and can serve legitimate business purposes. At Equinix, we believe the purpose of business entertainment and gifts in a commercial setting is to create goodwill and sound working relationships, not to gain an unfair advantage with customers or vendors. Equinix employees are prohibited from giving, offering or receiving any gift orentertainment – either directly or indirectly – that may appear to influence a business decision or compromise independent judgment. We are all expected to use good judgment and moderation when giving or receiving gifts or entertainment. You should never offer or provide any gift or entertainment unless it:
What is a “gift?” A gift is anything of value. It includes tangible items, such as cash and art, as well as intangible items, such as discounts,
favors, loans and advantages that are not available to the general public. A gift also includes meals, entertainment, trips and tickets to cultural and sporting events, as well as any other merchandise or services.
In some cultures, it may be customary to give gifts of cash in nominal amounts as a business courtesy or on local holidays. Decisions about these situations must be carefully weighed and prior written approval must be obtained from your manager, after consultation with the chief legal officer or compliance officer, before proceeding.
Reporting gifts and entertainment. It is important that you accurately report expenditures for gifts or entertainment, so the purpose, amount and recipient of the gift or entertainment are obvious (i.e., transparent) to finance and other personnel who may review our books and records. Your expense report should accurately state the purpose of the expenditures and the identities of the individuals receiving the gift or entertainment and state whether the gift or entertainment was given to a public sector official or to any employee of a government entity.
Almost every country in the world has laws that prohibit payment of bribes to government officials in exchange for government action, services or other advantages. We support and comply with anti-bribery laws, because they are designed to protect companies like ours that seek to compete based upon the quality of our products and services, rather than on favors granted in exchange for bribes.
In addition to country-specific laws, because we are a company based in the United States, all Equinix employees, officers and directors are obligated to comply with the U.S. Foreign Corrupt Practices Act, which strictly prohibits the payment of bribes to government officials or employees of a government entity anywhere in the world. These laws also place significant legal restrictions on providing gifts, entertainment, travel and promotional expenditures related to government officials.
Please see Our Commitment to the Law section for more information about complying with anti-bribery and corruption laws and our rules regarding gifts and entertainment for government officials.
Equinix is committed to providing you with the tools and information you need to do your job effectively and successfully. In return, the Company trusts you to use good judgment to protect and conserve these valuable Company resources and to use them only for legitimate Company business. Your responsibility for Equinix property includes Company records and information, intellectual property such as copyrighted materials, and electronic and physical assets.
Confidential information. Maintaining the confidentiality and integrity of Equinix information is critically important to our success. Confidential information is information that you may become aware of as part of your job, including everything youknow about Equinix, our customers, our vendors and other third parties that is not available to the public.
To protect our confidential information, we should never:
Our technology and innovation are hallmarks of our success. You have a responsibility to protect our trade secrets and proprietary information while you work at Equinix and even after you leave the Company.
Records and record-keeping. Our records are our corporate memory. These records provide evidence of actions and decisions. They contain information and data that are critical to the success and continuity of our business and they enable us to meet ourlegal and regulatory obligations. Records consist of all forms of information we create or receive that contain information about our Company or our business activities. Examples of Company records include paper documents,
email and electronic files that are stored on disk, tape or any other medium.
We have a responsibility to be honest and accurate in what we report and record in all Equinix documents, including accounting records, time cards, expense reports, safety records, business records, etc. If you see or suspect misconduct in our financial records, notify your manager and contact the Compliance Office.
All records are the property of Equinix and should be managed in accordance with our Global Record Management Policy to ensure we are all following the same approved processes for retaining, storing and destroying our Company records. From time to time, the legal team may ask employees to retain certain records for specific legal purposes. It is important to follow these instructions carefully to avoid legal implications.
Physical and electronic assets. As an Equinix employee, we have been entrusted with a variety of physical assets–frombasic office supplies to computers–and we have a responsibility to protect all of them. This includes taking reasonable precautions against theft, carelessness and unnecessary waste. It also means only using Equinix supplies and equipment for legitimate business purposes.
Equinix also provides us with information and technology resources to help us perform our jobs effectively. These electronic assets include email, networks, the Internet, our internal intranet, cell phones, other wireless communication devices, telephones and voicemail systems. These are Company tools and should only be used in a manner that reflects positively on Equinix and all who work here. Anything sent, received, downloaded or stored on Company assets is owned by Equinix. This means that Equinix may review your records or Equinix equipment at any time as permitted under applicable privacy laws.
Providing information to the public that is complete, consistent and accurate is crucial to maintaining our reputation. It is also a requirement for complying with regulatory and legal obligations. Unless you have been authorized to do so, do not speak on behalf of the Company. Instead, refer the individual to Equinix’s Corporate Communications team.
Use social media responsibly. Equinix embraces social media as a powerful collaboration tool, and we respect your right to use online tools on your personal time using your personal computer. However, when social media impacts your job performance or Equinix’s business interests–in either a business or personal context–it becomes a proper focus for Company policy. We must always use online tools in a way that is consistent with our Company policies and remember our obligation to protect our confidential information and the confidential information of the companies with which we do business. We should also be careful to respect and obey all copyright, trademark, fair use, privacy, financial disclosure and all other laws.