Vendor Code of Conduct
Contents
Complying with Legal and Regulatory Requirements
Maintaining policies to ensure compliance
Mutual of Omaha Mortgage Rights
Firm Monitoring and Right to Audit
Termination and Indemnification
Vendor Obligations to Mutual of Omaha Mortgage
Communications about or on behalf of Mutual of Omaha Mortgage
Protecting IP and other Firm Assets
Purpose
This Vendor Code of Conduct outlines the expectations and responsibilities of vendors who provide goods or services to Mutual of Omaha Mortgage, Inc
(“MMI” and “Company”) and its affiliates and subsidiaries. Vendors must adhere to these standards to ensure the protection of our systems, data, and stakeholders.
Summary
This Vendor Code of Conduct outlines the expectations and responsibilities of vendors working with MMI. It ensures compliance with legal and regulatory standards, promotes ethical behavior and protects Company assets and information.
MMI and its affiliates and subsidiaries are committed to building and maintaining the best and most respected financial services Company. As our business partners, vendors have a duty to demonstrate the highest standards of ethical business conduct, integrity, and adherence to the law, at all times. Our Company is committed to ensuring vendors act with honesty and integrity when acting on our behalf. This commitment to ethical business practices preserves our Company’s integrity and reputation and fosters a safe, healthy, productive, and collaborative work environment.
The Vendor Code of Conduct sets out expectations for Vendors and outlines the principles that are consistent with regulatory and legal framework that governs our industry. It is the responsibility of Vendors to know the requirements of the Vendor Code and operate in accordance with its principles. Vendors must be aware of the Vendor Code’s provisions and stay informed of any changes. The most current version is available online and effective when posted. The Vendor Code does not constitute an employment contract, and nothing contained herein is intended to convey any rights, actions, or remedies to Vendors, or to create an employment relationship between Vendor or Vendor’s employees and the Company.
Scope
A Vendor is any third party, firm, or individual that provides a product or service to Mutual of Omaha Mortgage. The following persons, entities and organizations, are covered by the Vendor Code and thereby subject to its provisions.
- Suppliers, vendors, consultants, agents, contractors, temporary workers, and third parties working on behalf of the Company; and
- The owners, officers, directors, employees, consultants, affiliates, contractors and subcontractors of these organizations and entities.
Business Principle
Vendors must uphold integrity, transparency, and accountability in all business dealings with Mutual of Omaha Mortgage.
Complying with Legal and Regulatory Requirements
Suppliers must comply with all applicable statutory, regulatory, or other legal obligations in the countries in which the Supplier operates. Suppliers are expected to provide reasonable assistance to Mutual of Omaha Mortgage so the Company can meet applicable legal and regulatory requirements. This includes cooperating with regulatory inquiries and investigations related to outsourced services.
Maintaining policies to ensure compliance
Vendors must conduct their operations in accordance with this Vendor Code and must have policies and procedures designed to ensure compliance with it.
Handling Information Properly
Mutual of Omaha Mortgage, Inc. is part of a highly regulated industry and all parties with which we have relationships, including our customers and employees, expect us to safeguard their information. Vendors must understand and comply with any applicable requirements and restrictions related to the processing of information including material, non-public information.
The processing of information means any operation or set of operations that is performed on information, whether automated or manual, including, but not limited to collecting, recording, accessing, organizing, storing, adapting, altering, retrieving, consulting, using, disclosing, analyzing, transmitting, disseminating, aligning, combining, blocking, erasing, or destroying information.
- Confidentiality: Vendors must protect all proprietary, confidential and highly confidential, borrower, investor, employee, and system-related information. No confidential information may be disclosed to third parties without prior written consent from Mutual of Omaha Mortgage, Inc.
- Company Systems and Information. Vendors must maintain the confidentiality of all proprietary systems, software, and data they access. This includes:
- Internal platforms, databases, and applications.
- Technical documentation and system architecture.
- Any credentials or access tokens provided.
- Borrower Information. Vendors must protect all borrower data, including but not limited to:
- Personally identifiable information (PII)
- Financial records
- Loan details and communications
- Investor Information. Vendors must safeguard all investor-related data, such as:
- Investment portfolios
- Contact and identification details
- Financial performance and reporting
- Company Systems and Information. Vendors must maintain the confidentiality of all proprietary systems, software, and data they access. This includes:
- Privacy: Vendors must be aware of and follow the applicable statutory, regulatory, or other legal obligations related to the processing of any individual’s personal information pursuant to their relationship with MMI. Personal information must never be processed in a manner inconsistent with the vendor’s contractual obligations with MMI. If there is an event that impacts or could impact the confidentiality or integrity of personal information, vendor must immediately report the incident to their MMI relationship contact.
- Material Non Public Information: Vendors must not disclose or misuse Material Non-Public Information (“MNPI”), which is inside information, about an issuer of financial instruments, that is not known by the public but if it were, would likely;
- Affect market price of financial instruments to which information relates
- Influence a reasonable investor to trade those financial instruments
- Be used as part of investment decision regarding financial instruments
MNPI must be safeguarded and should only be shared with those who have a business need to know the information. Need to know is where such information is necessary to carry out one’s job responsibilities and the sharing is in connection with fulfilling those responsibilities to the Company.
Conflict of Interest
Conflict of interests may affect objectivity when making decisions on behalf of the Company and may impact good judgement. A conflict may exist when a vendor’s interest opposes Mutual of Omaha Mortgage, Inc. Vendors must disclose any actual or potential conflicts of interest to the MMI relationship manager. Possible conflicts include:
- Outside interests and other external activities
- Political engagements
- Financial interests in competing organizations
- Personal relationships that may influence business decisions; relationships with companies, vendors, employees with who they work with/support.
- Any situation that could impair objectivity or integrity
Doing Business Properly
Mutual of Omaha Mortgage, Inc. works to achieve competitive advantage through our products and services and focusing on ethical and legal business practices.
- Bribery and Anti-Corruption: Vendors must not engage in bribery or corrupt practices. The vendor, and those acting on their behalf, must not directly or indirectly offer, promise, authorize, recommend, give, solicit, or receive anything of value, if it is intended to influence improper actions or obtain an advantage for the vendor or third party.
- Gifts: Vendors must not offer or accept inappropriate gifts, anything of value (cash or cash equivalents). Gifts include, but not limited to:
- Accommodation
- Travel and related expenses
- Meals and entertainment
- Training and conferences
- Contributions to charity or political organization
- Speaker fees
- Offers of employment or other work experience (paid or unpaid)
- Advertising and promotional materials
- Sponsorships
- Raffle prizes, perks or discounts
- Political Activities and Lobbying: Vendors must comply with laws governing political contributions and lobbying. Vendors may not lobby on behalf of Company, or make political contributions or provide gifts to any candidate for public office, elected officials, political parties, or committees on behalf or as a representative of MMI.
- Antitrust and Competition Laws: Suppliers are required to be aware of and comply with these antitrust and competition regulations when conducting business with or on behalf of the firm. Vendors must adhere to fair competition practices.
- Taxes: Vendors must comply with all tax obligations. Vendors must not facilitate activities by clients or other parties associated with the Company that are intended to breach applicable tax laws, which may include engaging in activities that would assist in evading the payment of taxes that are due and payable or concealing information from tax authorities.
Workplace Environment
Vendors must promote a safe, respectful, and inclusive workplace. Vendors must comply with all applicable laws, regulations, and firm policies, including those that may apply as a result of the Company’s contracts with government entities, relating to discrimination in hiring, employment practices, harassment, retaliation, wage and hours – e.g., employee compensation, reimbursements, taxes, and working hours, labor, minimum age requirements, safety and health.
Raising Conduct Concerns
Vendors are encouraged to report any conduct concerns or violations of this Code to Mutual of Omaha Mortgage, Inc. relationship manager. Vendors must promptly notify the Company, if permitted by law, regarding the receipt of any subpoenas, regulatory requests, media inquiries, or other third-party requests concerning MMI.
Failure to report a concern or violation may result in the termination of the Supplier relationship and applicable agreements.
Mutual of Omaha Mortgage, Inc. Rights
Mutual of Omaha Mortgage, Inc. reserves the following rights to properly monitor and address Vendor activity to ensure that the firm meets its legal and regulatory requirements and obligations.
Company Monitoring and Right to Audit
- MMI reserves the right to monitor, record, review, access and disclose all communications created, sent, received, stored or downloaded using the Company resources as it deems appropriate (subject to applicable laws and regulations).
- MMI has the right to audit vendor compliance with the Vendor Code of Conduct and other company policies at any time. This includes legal, technical, regulatory, financial and operational audits of policies and procedures, including subcontractors if necessary.
Termination and Indemnification
- MMI may terminate agreements and seek indemnification for breaches of this vendor code of conduct.
- Company may take any necessary steps to enforce Vendor Code of Conduct, including termination of Vendor relationship and applicable agreements.
- Company may require reimbursement for any costs associated with a violation of the Supplier Code.
Vendor Obligations to Mutual of Omaha Mortgage, Inc.
Vendors must follow the obligations and requirements set forth below. By doing so, Vendors will help Mutual of Omaha Mortgage, Inc. meet legal and regulatory requirements, protect Company assets, and ensure all communications are accurate and appropriate.
Communications about or on behalf of Mutual of Omaha Mortgage, Inc.
Vendors must ensure accurate and authorized communication. Vendors must not communicate publicly, or make public announcements, about Company’s business unless specifically authorized to do so. This includes information regarding assignments, customers or employees unless set forth in vendor agreement.
Vendor may not post, share or like anything on social media that could be viewed as a violation of Vendor Code.
Protecting IP and other Firm Assets
Vendors must safeguard intellectual property and Company’s assets from theft, waste, cyber-related attack, or other type of loss.
Records Management
Vendors must maintain truthful and complete records. Vendors must implement and maintain records management practices, including:
- Secure storage and transmission of data
- Retention schedules aligned with legal, regulatory and contractual obligations
- Proper disposal of confidential information
Knowing your workforce members
Vendors must ensure workforce members are properly vetted and trained to provide services to MMI.
Except for minor traffic violations/citations, all of Vendor’s personnel performing work on the engagement must promptly notify the Vendor regarding any current arrest and/or pending criminal charges and provide supporting documentation related to the matter. The Vendor must promptly notify MMI’s relationship manager if any of the Vendor’s personnel performing work on the engagement report an arrest or has pending charges.
Use of Company Assets
Definition
Company assets include:
- Physical property (e.g., laptops, mobile devices)
- Digital assets (e.g., software, data, intellectual property)
- Network and communication systems
Acceptable Use
Vendors may use the Company’s assets only for authorized business purposes. Acceptable use includes:
- Performing contracted services
- Communicating with Company personnel
- Accessing systems necessary for service delivery
Unacceptable use includes:
- Personal use of systems or data
- Unauthorized sharing or duplication of Company assets
- Use of systems for illegal or unethical activities
Business Continuity Management
Vendors must maintain a documented Business Continuity Plan (“BCP”) that outlines procedures for maintaining operations and protecting confidential information during disruptions, including but not limited to:
- Natural disasters
- Cybersecurity incidents
- System outages
- Supply chain interruptions
Vendors are required to:
- Confirm the existence of a current and comprehensive BCP.
- Follow the documented plan during any business disruption.
- Review and update the BCP regularly to ensure effectiveness.
- Provide Mutual of Omaha Mortgage with a summary or attestation of the BCP upon request.
Failure to maintain or adhere to a BCP may be considered a breach of contract and could result in termination of the vendor relationship.
