Datagist LLC and its affiliates, including Anders Sutantra Consulting Private Limited in India (“Datagist”, “we”, “us”), are committed to conducting business ethically, transparently, and in full compliance with the anti-corruption laws of the United States and India, where we operate. We have a zero-tolerance approach to bribery and corruption in any form, by anyone acting on our behalf.
This Policy sets out the principles that govern how Datagist personnel and our business partners must conduct themselves, and the controls we maintain to prevent, detect, and respond to bribery and corruption risk.
1. Scope
This Policy applies to all directors, officers, employees, interns, contractors, secondees, agency workers, and any third party acting for or on behalf of Datagist, in the United States, India, or anywhere else they act for us (collectively, “Personnel”). Compliance is a condition of engagement with Datagist. Where local law imposes a stricter standard than this Policy, the stricter standard applies.
2. Laws we comply with
Datagist complies with all applicable anti-bribery and anti-corruption laws, including but not limited to:
United States
- The U.S. Foreign Corrupt Practices Act (FCPA).
- U.S. federal and state bribery laws, including the federal bribery statute (18 U.S.C. § 201) and the Travel Act, which also cover bribery of private individuals.
- U.S. anti-money-laundering and tax laws.
India
- The Prevention of Corruption Act, 1988, as amended by the Prevention of Corruption (Amendment) Act, 2018, which makes it an offence for a company to give or promise an undue advantage to a public servant and holds a company liable for bribes paid by people acting on its behalf.
- The Prevention of Money Laundering Act, 2002, and Indian tax laws.
Because Datagist LLC is a U.S. company, the FCPA applies to dealings with Indian government officials and employees of Indian public sector undertakings, as well as to officials of any other country. These laws apply to Datagist regardless of where the conduct takes place. A violation can expose Datagist and the individuals involved to substantial criminal and civil penalties, debarment from public contracts, and reputational harm.
3. Definitions
3.1 Bribery
Offering, promising, giving, requesting, agreeing to receive, or accepting any financial or other advantage with the intention of inducing or rewarding the improper performance of a function or activity, or knowing that acceptance would itself be improper.
3.2 Corruption
The abuse of entrusted power for private gain, including bribery, kickbacks, embezzlement, fraud, extortion, conflicts of interest, and trading in influence.
3.3 Facilitation payment
A small, unofficial payment made to a public official to secure or expedite the performance of a routine government action to which the payer is already entitled (for example, processing visas, customs clearance, or utility connections).
3.4 Public official
Any officer, employee, or representative of a federal, state, or local government; any public international organization; any state-owned or state-controlled entity, including public sector undertakings and government companies in India; any political party, party official, or candidate for political office; and anyone treated as a “public servant” under Indian law, such as judges and employees of government-funded bodies. The definition is interpreted broadly.
3.5 Anything of value
Includes, without limitation, cash, cash equivalents, gifts, meals, entertainment, travel, lodging, charitable or political donations, employment offers, services, discounts not available to the public, and any other tangible or intangible benefit.
4. Prohibited conduct
Personnel must not, directly or through a third party:
- Offer, promise, give, request, agree to receive, or accept a bribe, kickback, or anything of value to or from any person, whether a public official or a private individual, where the purpose or effect is to influence a business decision or secure an improper advantage.
- Make a facilitation payment of any amount, regardless of local custom or commercial pressure, except where a payment is demanded under credible threat to personal safety (see Section 5).
- Use Datagist funds, property, or services to make a political contribution on Datagist's behalf without prior written authorization from the General Counsel.
- Engage a third party to do anything that Datagist Personnel are themselves prohibited from doing under this Policy.
- Falsify, conceal, or misrepresent any record, expense report, invoice, or financial entry, or cause Datagist's books and records to inaccurately reflect a transaction.
5. Duress and safety
If Personnel are subjected to a credible threat to their personal safety and feel they have no alternative but to make a payment, they should pay the minimum required to remove the threat, leave the situation as soon as it is safe to do so, and report the incident to the General Counsel within twenty-four hours so the payment can be properly recorded and reviewed. Datagist will never penalize Personnel for prioritizing their safety in such circumstances.
6. Gifts, hospitality, and entertainment
Modest, infrequent business courtesies, such as meals, hospitality, promotional items, or gifts, are permitted only if all of the following are true:
- The gift or hospitality is given or received openly and in good faith.
- It is reasonable and proportionate, taking into account local norms and the recipient's position.
- It is not given or received with the intent or expectation of influencing a business decision.
- It is not given or received during an active procurement, tender, or contract negotiation.
- It is permitted under the recipient's and giver's own organizational policies and applicable law.
- It is accurately recorded in Datagist's books and records.
Cash and cash equivalents (including gift cards) must never be given or accepted, in any amount, under any circumstance.
Any gift, meal, or hospitality offered to or by a public official, regardless of value, requires prior written approval from the General Counsel. Any gift or hospitality between private parties valued above USD 250 (or the equivalent in Indian rupees) likewise requires prior written approval.
7. Charitable donations and sponsorships
Datagist supports legitimate charitable and community causes, but corporate donations and sponsorships must never be used as a route to influence a business decision. All Datagist-funded charitable contributions and sponsorships must be:
- Made to bona fide registered charities or non-profit organizations with verifiable activities.
- Approved in advance by the General Counsel.
- Accurately recorded in Datagist's books and records.
- Disclosed if requested by the customer, regulator, or other legitimate stakeholder.
Donations must not be made to a charity nominated, controlled, or beneficially associated with a public official with whom Datagist has, or expects to have, a business relationship.
8. Political contributions and activity
Datagist does not make corporate political contributions and does not authorize the use of corporate resources to support any political party, candidate, or political action committee. Personnel may participate in the political process in their personal capacity, on their own time, and using their own funds, provided they do not represent that they are acting on Datagist's behalf.
9. Third parties and intermediaries
Datagist can be held liable for the conduct of agents, consultants, resellers, channel partners, sub-contractors, and other third parties who act on its behalf. Before engaging a third party, the engaging Datagist team must:
- Conduct risk-based due diligence proportionate to the nature, geography, and value of the engagement.
- Confirm a legitimate business need and a defensible commercial rate for the services to be provided.
- Document the engagement in a written contract that includes anti-bribery representations, audit rights, and termination rights for breach of this Policy.
- Monitor the relationship on an ongoing basis and refresh due diligence at appropriate intervals.
Red flags, for example unusual payment terms, requests for cash, payments to a third country, vague invoices, or a third party named or recommended by a public official, must be raised with the General Counsel before the engagement proceeds or the next payment is made.
10. Books, records, and internal controls
All payments, expenses, gifts, hospitality, donations, and third-party engagements contemplated by this Policy must be accurately, fairly, and timely reflected in Datagist's books and records, with sufficient detail to demonstrate the business purpose. Off-book accounts, undisclosed funds, and false or misleading entries are strictly prohibited.
11. Training and certification
All Personnel receive anti-bribery and corruption training appropriate to their role and risk profile, with refresher training at least annually for higher-risk roles (including sales, alliances, procurement, finance, and senior leadership). Personnel in those roles also certify their compliance with this Policy on an annual basis.
12. Reporting concerns and whistleblowing
Personnel who become aware of, or have a good-faith suspicion of, a violation of this Policy or of any applicable anti-corruption law must report it promptly. Anyone outside Datagist, such as a client, supplier, or candidate, may also report a concern. Reports may be made through any of the following channels:
- The Speak Up form on our website. You do not have to give your name or any contact details.
- Email to [email protected].
- Direct conversation with the General Counsel or any member of senior leadership.
Anonymous reports are accepted to the extent permitted by local law.
Datagist investigates every report seriously, confidentially, and without retaliation. Any retaliation against a person who raises a concern in good faith, or who participates in an investigation, is itself a violation of this Policy and will be treated with the same seriousness as the underlying conduct.
13. Consequences of breach
A breach of this Policy may result in disciplinary action up to and including termination of employment or engagement, claw-back of incentive compensation, civil claims, and referral to law-enforcement or regulatory authorities. Third parties found in breach may have their contracts terminated for cause and be barred from future engagement with Datagist.
14. Governance and review
This Policy is owned by the General Counsel, who reports on its effectiveness to the Datagist Board of Directors at least annually. The Policy is reviewed at least once every twelve months and updated as needed to reflect changes in law, business operations, or risk profile.
15. Contact
Questions about this Policy, or any specific facts or circumstances, can be directed to Datagist's compliance team:
- Email: [email protected]
- Speak Up form: datagist.ai/speak-up