Last Updated: June 17, 2021
Simon Property Group, L.P. (“Simon Property Group”), and its respective officers, directors, shareholders, members, subsidiaries, managers, agents, and employees strive to conduct business with the highest standards of integrity and seeks to conduct business with Suppliers whose ethical standards are consistent with Simon Property Group’s ethical standards which are embodied in our Code of Business Conduct and Ethics.
It is important to preserve our collective commitment to human rights and safety in the workplace. Simon Property Group expects that all Suppliers, (including Supplier’s subcontractors, suppliers, and agents as well as their employees), will abide by all applicable laws, rules and regulations in the manufacture and distribution of merchandise or services provided to Simon Property Group.
All Suppliers are strongly encouraged to exceed Simon Property Group’s guidelines and promote continuous improvement throughout their operations. All suppliers should be able to demonstrate compliance with these requirements at the request of Simon Property Group. These guidelines introduce the minimum requirements that all Suppliers must meet to conduct business with Simon Property Group.
Health and Safety
Suppliers will comply with all applicable laws, regulations and other governmental directives in the country in which it operates or any other location where production or work is under taken to ensure a safe and healthy workplace for all personnel. At a minimum, Suppliers should implement recognized workplace systems, procedures and controls for the health and safety of all personnel in compliance with nationally recognized standards.
Wages, Benefits, Working Hours
Suppliers will meet or exceed all applicable state and federal wage and hour laws and regulations, including those relating to minimum wages, overtime hours, piece rates and other elements of compensation, and provide legally mandated benefits.
Suppliers, and their subcontractors must treat all workers with respect and dignity. No worker shall be subject to corporal punishment, or physical, sexual, psychological, or verbal harassment or abuse. In addition, Suppliers will not use monetary fines as a disciplinary practice.
Non-Use of Child labor
Simon Property Group will not tolerate the use of child labor. We recognize the rights of every child to be protected from the economic exploitation or from performing any work that is likely to be hazardous, to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development. Suppliers will comply with all applicable laws and regulations of the countries in which they operate.
Suppliers must not use illegal labor as defined by applicable law. Suppliers must not use forced, bonded (including debt bondage) or indentured labor, or prison labor, nor shall suppliers participate in slavery or trafficking of persons. This includes transporting, harboring, recruiting, transferring, or receiving persons by means of threat, force, coercion, abduction or fraud for labor or services. All work, including overtime work, will be voluntary and workers should be free to terminate their employment. Suppliers will not mandate that workers hand over government issued identification passports or work permits as condition of payment.
Suppliers will provide equal employment opportunities to all qualified candidates and employees. Suppliers will not discriminate based upon age, ancestry, color, family, or medical care leave, gender identity or expression, genetic information, marital status, medical condition, national origin, physical or mental disability, political affiliation, protected veteran status, race, religion, sex (including pregnancy), sexual orientation, or any other characteristic protected by applicable laws, regulations, and ordinances.
Suppliers must comply with all local environmental laws and regulations applicable to the workplace. Suppliers should conduct business in a manner which minimizes their impact on the environment. Suppliers should choose to work with or procure products with the lowest environmental impact and should discuss with Simon and products used which can negatively impact the environmental impact of the shopping center.
Suppliers will establish and maintain controls to eliminate hazardous substances and materials from products and services, and will promote the use of suitable alternatives, whenever practicable. Where substitution is not possible, Suppliers will distribute information on product hazardous substances as well as appropriate handling instructions for safe end of life treatment and disposal.
Conflicts of Interests and Related Party Transactions
A conflict of interest occurs whenever your private interests interfere with the interests of the Company as a whole. In order for the Company to carry out its business effectively, it must be assured of the loyalty of each of its directors and employees. Directors and employees must refrain from entering into relationships that might impair their judgment as to what is best for the Company. Even relationships that give the appearance of a conflict of interest should be avoided. You cannot avoid these standards by acting through someone else, such as a friend or family member.
There are many different ways in which conflicts of interest arise. For example, personal financial interests, obligations to another company or governmental entity, or the desire to help a relative or friend are all factors that might divide our loyalties. To clarify what we mean, we have set out our policies about the most common types of conflicts of interest in or Code of Business Conduct and Ethics.
Suppliers are responsible for understanding and complying with the anti-corruption and anti-bribery laws applicable to their organization. Simon Property Group strictly prohibits corrupt or illegal practices including, but not limited to, the payment of bribes or kickbacks (or the receipt of bribes or kickbacks from) government officials, representatives of commercial organizations or any other person.
Data Privacy and Security
Suppliers are expected to protect the privacy of our data, comply with applicable data protection laws and contractual requirements, and secure our data against unauthorized access or use, where applicable, including:
- Abiding with Center of Internet Security (CIS) standards, which may include security controls, and assessments against industry standards.
- Not accessing or disclosing personal information except as authorized for our business purposes.
- Notifying us promptly of any unauthorized access or disclosures.
- Not disclosing personal information after the termination of the engagement unless required by law.
- Following Simon Property Group’s instructions on data retention and destruction practices.
Anti-Money Laundering and Counter Terrorist Financing
We are committed to strictly comply with all applicable Anti-Money Laundering (“AML”) and Counter Terrorist Financing (“CTF”) laws and regulations. While acting on our behalf, we expect our suppliers to:
- Not knowingly engage or attempt to engage in any transaction involving proceeds derived from unlawful activity.
- Perform applicable AML / CTF related responsibilities in utmost good faith and immediately report to us any matter suspected to be related to money laundering or terrorist financing.
- Not have dealings with designated individuals and entities (such as suspected terrorists or narcotics traffickers) who are subject to international economic sanctions.
- This Suppliers Code of Conduct shall be incorporated by reference into all versions of Standard Shopping Center Service Agreement, Fire Safety Service Agreement(s) Design Professional Service Agreement and Play Area Service Agreement forms.
- This Suppliers Code of Conduct shall be enforced by the Simon Property Group Legal Department whose determination shall be binding upon all Suppliers.