Ethical Code

1. OBJECTIVE

The principles and rules included in this Ethical Code establish the way in which FORUM MUSIKAE GESTIÓN, SOCIEDAD LIMITADA (hereinafter, FORUM MUSIKAE), faces its social, ethical and legal responsibilities as a company dedicated to education, within a global and constantly evolving environment, which requires from us a firm and clear commitment to the objectives of transparency, honesty and responsibility, in accordance with the guidelines and requirements contained in Organic Law 1/2015, of 30 March, which amends Organic Law 10/1995, of 23 November, of the Penal Code.

The Code contains the principles and rules that govern the actions of FORUM MUSIKAE and all its professionals, managers and staff in their relations with students, third parties and society, with the aim of developing ethical behaviour and the parameters of responsible action in the development of their activity.

This Code, together with the rest of the entity’s corporate documents, implies a commitment to legality, good governance, transparency, responsibility, independence and reputation, with respect to socially accepted ethical standards. 

2. SCOPE OF APPLICATION

This Ethical Code is applicable to all professionals and staff members linked to FORUM MUSIKAE, a commercial entity dedicated to official music education as well as the organisation, management and promotion of cultural, pedagogical, educational, scientific and artistic activities and events, and other complementary activities such as extracurricular activities and school services.

For these purposes, the following are considered to be professionals:

1) members of the administrative area; 2) managers; 3) teachers and teaching collaborators; 4) staff members; and 5) providers, irrespective of what legal form their employment or service relationship determines, of their hierarchical level, of their geographical or functional location and of the FORUM MUSIKAE company for which they provide their services. Hereinafter “Professionals”.

Those Professionals linked to FORUM MUSIKAE who manage, or lead teams of people must also ensure that the Professionals directly under their responsibility know, understand and comply with this Code and lead by example.

3. VIABILITY

This Ethical Code was approved on the 1 of June 2020 by the FORUM MUSIKAE Governing Body and Board of Directors and is published on the FORUM MUSIKAE corporate website. It is valid indefinitely, without prejudice to the fact that the Code will be updated and revised as often as it may be necessary.

 4. GENERAL ETHICAL PRINCIPLES OF FORUM MUSIKAE

FORUM MUSIKAE assumes the commitment to develop its business activities and to promote conduct of the Professionals in accordance with the legislation in force and with an ethically non-reproachable conduct. This means that all Professionals shall act in accordance with the general ethical principles and behavioural guidelines set out below.

4.1. HUMAN RIGHTS AND PUBLIC FREEDOMS:

FORUM MUSIKAE expresses its firm commitment to respect for human rights and individual freedoms, freedom of expression, the preservation of the natural environment and collaboration with the development and well-being of the communities with which it relates. Quality education as a guarantee of the future for responsible citizenship.

In particular, FORUM MUSIKAE declares its total rejection of child labour and forced or compulsory labour and undertakes to respect freedom of association and collective bargaining.

FORUM MUSIKAE will clearly communicate these commitments to its stakeholders and the general public and will support these principles within its sphere of influence.

4.2. HEALTH AND SAFETY:

FORUM MUSIKAE is committed to providing a healthy and safe working environment.

All Professionals are responsible for observing strict compliance with health, hygiene and safety standards at work, in order to avoid, as far as possible, occupational hazards and accidents.

In this sense, it is forbidden to carry out tasks under the influence of alcohol or other legal or illegal substances that could affect the level of safety required for the activity carried out.

Similarly, FORUM MUSIKAE will not permit any type of activity that may involve the custody, storage or trafficking of illicit goods in legal traffic. In addition, FORUM MUSIKAE undertakes to promote compliance with the legal regulations on occupational health and safety among its contractors and providers.

4.3. EQUAL OPPORTUNITIES, NON-DISCRIMINATION, AND RESPECT FOR INDIVIDUALS. PROFESSIONAL DEVELOPMENT.

The selection, recruitment and professional career of Professionals will be based on merit, ability and the performance of their duties, with an open attitude towards diversity and with the aim of identifying those people who are best suited to the profile and needs of the post to be filled.

FORUM MUSIKAE promotes equal opportunities in terms of access to employment, training and promotion of Professionals, as well as non-discrimination based on the personal, physical or social condition of its Professionals (whether for reasons of race, colour, nationality, social origin, age, sex or sexual orientation, marital status, ideology or religion).

All Professionals, and especially those in management roles, must treat each other with respect and provide a comfortable, positive, healthy and safe working environment.

Under no circumstances shall there be physical, sexual or psychological harassment, abuse of authority, offence, defamation or other forms of aggression and hostility.

4.4. ENVIRONMENTAL PROTECTION

FORUM MUSIKAE will carry out its activities in such a way as to minimise negative environmental impacts and comply with the standards established in the applicable environmental regulations.

Special attention will be paid to responsible management of the use of paper, inks and other printing materials, energy use, water consumption, control of emissions and waste, as the main resources with an environmental impact used in its activities.

4.5. ASSETS AND PROPERTY

In the FORUM MUSIKAE offices and Education Centre there are numerous devices and equipment, such as telephones, printers, computers, software, Internet/Intranet, machines and other tools, including e-mail systems and servers, which are at the disposal of all collaborators and which are necessary for the performance of professional activities.

In order to ensure the proper functioning of the information systems, and to avoid any type of abuse or causing damage or harm to the organisation, FORUM MUSIKAE reserves the right to periodically monitor and analyse the equipment and systems it owns and makes available to collaborators, students and Professionals, always and in all cases respecting the individual rights, as considered in the current legislation.

Under no circumstances is a collaborator authorised to store or send information through the systems and networks owned by FORUM MUSIKAE that incites racial hatred, violence or any criminal act, or whose content may constitute a sexual offence. Good reputation is one of FORUM MUSIKAE’s most valuable and fragile assets. Each employee is personally responsible for avoiding any actions that could damage the reputation of the organisation.

Valuable or confidential information is an important asset and must be passed on both internally and externally by the authorised employee assigned for this purpose. In case of doubt, the employee should first discuss how to act with his or her line manager.

5. CODE OF CONDUCT

The performance of the functions entrusted to FORUM MUSIKAE and to each of the Professionals will be carried out with rigour and responsibility criteria.

Responsible professional conduct means making an effective contribution to carrying out the policies and achieving the objectives defined by FORUM MUSIKAE.

Understanding and complying with the ethical principles and standards of behaviour of this Ethical Code is a general responsibility of all Professionals.

5.1. CONFLICTS OF INTEREST OF PROFESSIONALS AND CLIENT RELATIONSHIPS WITH FORUM MUSIKAE.

FORUM MUSIKAE respects the participation of its Professionals in private activities as long as they do not conflict with their responsibilities as FORUM MUSIKAE Professionals. Conflicts of interest arise when the personal interests of the Professionals, directly or indirectly, are contrary to or collide with the interests of FORUM MUSIKAE, interfere with the correct fulfilment of their professional duties and responsibilities or involve them personally in any transaction or economic operation of FORUMMUSIKAE.

FORUM MUSIKAE Professionals must avoid situations that could give rise to a conflict between their personal interests (or those of their Persons Related) and those of FORUM MUSIKAE.

“Persons Related” are considered to be the following:

1. the spouse or any person to whom they are linked by a relationship of affectivity analogous to that of a husband or wife.
2. their dependent children, whether or not they live with him/her.
3. other relatives who have been living with him/her or have been dependent on him/her for at least one year prior to the date on which the conflict arose.
4. legal entities or businesses controlled by the Professionals, by their Persons Related or by intermediaries, or in which the Professionals or their Related Persons hold a managerial or management position.

In the event of a situation with a possible conflict of interest, the FORUM MUSIKAE Professional must inform their line manager or the Management of the entity in writing of the conflict of interest in which they are involved, prior to carrying out the transaction in question, in order to adopt the appropriate decisions in each specific circumstance and thus prevent their impartial actions from being compromised.

5.2. CONTROL AND PREVENTION OF CORRUPTION.

5.2.1. INFORMATION TRANSPARENCY

FORUM MUSIKAE assumes transparency as a principle of conduct, understood as the commitment to transmit reliable information to the markets and to society, allowing them to form a true image of FORUM MUSIKAE’s activities, strategy and economic, social and environmental performance.

To this end, it shall ensure that all information is communicated in compliance with the deadlines and other requirements established in the applicable regulations and general principles of market operation and good governance. This principle of transparency and truthfulness of information shall also apply to internal communication. All FORUM MUSIKAE transactions must be recorded at the appropriate time in FORUM MUSIKAE’s systems, following the criteria of existence, completeness, clarity and accuracy, in accordance with the applicable accounting regulations.

5.2.2. CONFIDENTIALITY AND PERSONAL DATA PROTECTION

Professional secrecy will be maintained regarding the information available, whether of a commercial, economic or strategic nature of FORUM MUSIKAE or of the companies or persons that form part of it or with whom it is related, except in the case of legal authorisation, or express authorisation or when this is requested by sufficient legal or court order mandate.

In the use of operational processes, work systems and any other internal procedures, the strictest confidentiality shall be observed.

In relation to data protection, FORUM MUSIKAE will guarantee the right to privacy, protecting the personal data entrusted by its clients, partners, providers, collaborators, contractors, employees, institutions and the general public. FORUM MUSIKAE Professionals will not collect, process, store, retain, communicate, disclose or use personal data to which they have access in the performance of their responsibilities in the company, in a way that contravenes the rules established by law, international agreements and internal regulations on the protection of personal data.

5.2.3. GIFTS, PRESENTS AND HOSPITALITY

FORUM MUSIKAE Professionals, due to the position they hold, may not accept gifts, services or any other type of attention from any person or entity that may affect their objectivity or influence a commercial, professional or administrative relationship.

FORUM MUSIKAE Professionals may not offer, directly or indirectly, gifts, services or any other kind of favour to clients, providers, partners or any other person or entity that maintains or may maintain relations with FORUM MUSIKAE, with the aim of illicitly influencing these relations.

Exceptionally, the giving and acceptance of gifts and presents will be permitted when the following circumstances concur simultaneously:

1. they do not consist of sums of money, their economic value is irrelevant or symbolic, or they are promotional items of little value.
2. are given or received in a transparent manner and on an occasional basis, in accordance with generally accepted business practice or social courtesy.
3. are not contrary to the values of ethics and transparency accepted by FORUM MUSIKAE and do not harm the image or reputation of FORUM MUSIKAE.
4. are not prohibited by law or generally accepted business practices.

Gifts or hospitality offered to or received by FORUM MUSIKAE Professionals that do not comply with the requirements contained in this code, and are therefore not permitted, must be refused or returned.

Professionals shall inform their line manager of all gifts, hospitality or other types of gifts that they have received. This information shall be reported to the Oversight Body.

In any case, when Professionals have doubts about the reasonableness or acceptability of a gift or invitation, they shall consult in writing with their line manager or, where appropriate, with the Human Resources Department or the Oversight Body.

5.2.4. BRIBERY AND ANTI-CORRUPTION MEASURES

In order to prevent activities that may be considered, directly or indirectly, illegal or corrupt:

• FORUM MUSIKAE Professionals may not, directly or indirectly, offer, request or accept unjustified advantages or benefits that are intended, immediately or indirectly, to obtain a benefit, present or future, for FORUM MUSIKAE, for themselves or for a third party. In particular, they may not give or receive any form of bribe or payment in cash or in kind, without legal cause for any purpose, coming from or made by any natural or legal person (whether public officials, Spanish or foreign, staff of other companies, political parties, authorities, customers, suppliers, providers and shareholders) including the offer or promise, direct or indirect, of any type of improper advantage, any instrument for its concealment, as well as influence peddling.
• FORUM MUSIKAE Professionals may not give or accept any attention that influences, may influence or may be interpreted as influencing the decision-making process.
• FORUM MUSIKAE Professionals may not make payments to facilitate or speed up procedures, consisting of the delivery of money or anything else of value, whatever the amount, in exchange for securing or speeding up the course of a procedure or action before any judicial body, public administration or official body.

In the event of any doubt or observation of corruption, Professionals shall inform their hierarchical superior and/or the supervisory body.

5.2.5. LEGALITY. PREVENTION OF MONEY LAUNDERING

All operations and transactions of FORUM MUSIKAE must be absolutely legal, especially ensuring compliance with tax and social security obligations, and be recorded in the accounts at the appropriate time and following the criteria of existence, completeness, clarity and accuracy, in accordance with the accounting regulations applicable at all times, in such a way that the financial information is reliable and therefore reflects all the rights and obligations of FORUM MUSIKAE.

In particular, for example, the employees and directors of FORUM MUSIKAE shall refrain from:

1. The establishment of off-balance sheet accounts.
2. Failure to record transactions or misrecording of transactions.
3. The recording of non-existent income, expenses, assets and liabilities.
4. The entry of expenses in the accounting books with an incorrect indication of their purpose.
5. The use of false documents.
6. The deliberate destruction of accounting documents before the deadline stipulated by law or as required.
7. The constitution of companies and bank accounts in tax havens.

FORUM MUSIKAE and the Professionals must comply with the duties imposed by money laundering regulations, and under no circumstances use data related to client payments in an illicit or inappropriate manner. Any activity that could involve the falsification or fraudulent use of the payment mechanisms used by FORUM MUSIKAE’s clients and/or suppliers, such as debit or credit cards, among others, is prohibited.

5.3. RELATIONS WITH THIRD PARTIES

5.3.1. WITH PARTNERS

FORUM MUSIKAE will promote knowledge of this Ethical Code among its shareholders and/or partners for the purpose of better application of its contents. Furthermore, FORUM MUSIKAE will maintain a collaborative relationship with its shareholders/business partners based on trust, transparency of information and the sharing of knowledge, experience and skills, in order to achieve common objectives and mutual benefit.

5.3.2. WITH COLLABORATORS

FORUM MUSIKAE, as an entity dedicated to educational activity, has a large number of collaborators who, in their capacity as teachers and lecturers, must be especially careful to follow the principles and Code of conduct.

FORUM MUSIKAE will disseminate the contents and principles of this Ethical Code among its suppliers by publishing them on its corporate website and/or sending them to its collaborators.

5.3.3. WITH STUDENTS AND THEIR FAMILIES:

The reference point of FORUM MUSIKAE’s activity is the students and their families.

The correct professional practice of all staff and Professionals linked to FORUM MUSIKAE in its educational centres and during the development of its activities cannot be conceived apart from this Ethical Code, which constitutes our fundamental essence and which is specified in these principles:

1. All the Directors, Professionals and workers linked to FORUM MUSIKAE, in their activity, will be guided by the principle of respect and empathy towards all the people with whom they are in contact and who make up the Educational Community.
2. They will treat everyone with total equanimity, without accepting or permitting discriminatory practices on grounds of sex, race, religion, political opinions, socioeconomic conditions, economic conditions, intellectual level, etc.
3. They shall maintain professional secrecy with regard to personal data, not only of the students and their families, but also of the institution and the staff of the institution.
4. They shall be open and willing to continuous training and change, in accordance with the progress of science, technology and social reality.
5. In the exercise of their duties, they shall conduct themselves in a manner that is not likely to compromise the values of the institution.
6. They shall behave appropriately in their daily work, using correct language and respectful treatment of the diversity of opinions.
7. Promote the comprehensive education of pupils through personalised attention and a relationship of trust that contributes to fostering self-esteem, the will to excel and the development of personal abilities.
8. They will encourage coexistence, promoting the appropriate channels for resolving any conflicts that may arise, avoiding any kind of physical or psychological violence.
9. They will inform in a clear and detailed manner about the objectives of the course, evaluation criteria and qualification, evaluating the students in an objective and impartial manner, in accordance with what is established in the programmes of the module and of the cycle.
10. They will attend to and appropriately channel the legitimate complaints of students in the exercise of teaching and tutorial duties.
11. They shall maintain professional secrecy with regard to the personal data of students that are available to them in the professional practice of teaching.
12. They shall encourage cooperation between families and teachers, sharing responsibility for education and establishing a relationship of trust that guarantees the proper functioning of the centre in which they carry out their activity.
13. Keep parents/guardians informed of the educational process of their children, responding professionally to their demands and, listening to their points of view, giving them the guidance that will enable them to contribute appropriately to the education of their children.
14. They will respect the trust that parents place in teachers when making confidences about family or personal circumstances affecting their children and will always maintain total discretion about this information.
15. They will devote themselves to the work of teaching in full awareness of the service they are rendering to society.
16. They shall contribute to the social dignity of the teaching profession and shall correctly assume the responsibilities and competencies inherent to the profession, maintaining a permanent critical and reflective attitude towards their own professional performance, in order to guarantee constant improvement in all their professional activities.
17. They will provide their colleagues with the necessary and relevant information about school projects and initiatives, and any other information that may contribute to the personal improvement of their pupils, and will create a climate of trust, contributing their own knowledge, skills, abilities and experience that fosters good teamwork in order to ensure a high quality of teaching.
18. Develop a professional practice that demonstrates high standards of competence and a good command of the speciality.
19. Respect the professional practice of other teachers, staff and professionals by refraining from making derogatory comments about other professionals.
20. They shall consider as professional secrecy all information about colleagues acquired in the exercise of managerial, administrative or professional responsibilities.
21. They shall ensure, in all circumstances, the prestige of the institution, actively contributing to its improvement in all areas: education, image, facilities and services, etc.
22. Respect and ensure respect for the rules of operation of the school and collaborate at all times with its governing bodies, coordination departments, tutorials and any other services of the institution.
23. Participate in the elaboration and implementation of improvements in the quality of teaching, in the development and dissemination of methods and techniques for the most appropriate exercise of educational activity, with the aim of achieving the highest levels of efficiency.
24. Promote complementary and extracurricular activities, preparing and carrying them out with full responsibility.
25. They will ensure the good state of maintenance and cleanliness of materials and facilities, instilling in pupils respect for common and public property.
26. They will ensure that pupils appreciate the value of the work of all people and ensure that each pupil, knowing and valuing the realities of study and work, as well as their own possibilities, makes responsible decisions regarding their school and professional options.
27. They will be responsible with the environment, supporting and developing policies aimed at preserving the natural environment and encouraging attitudes that favour the achievement of these aims in all members of the educational community.

5.3.4. PROVIDERS AND CONTRACTORS

Relations with providers will be developed in FORUM MUSIKAE within a framework of transparent collaboration that allows and facilitates the achievement of mutual objectives and the fulfilment of FORUM MUSIKAE’s social responsibility, always in compliance with current legislation.

The selection processes of providers, contractors and collaborating companies of FORUM MUSIKAE will be carried out with impartiality and objectivity, for which its Professionals must apply quality and cost criteria in these processes, avoiding any conflict of interest or favouritism in their selection. In any case, the selection and contracting of suppliers must always comply with the internal regulations in force, guaranteeing transparency, equal treatment and the application of objective criteria that are not favourable to any favourable treatment.

Prices and information submitted by suppliers and providers in a selection process shall be treated confidentially and shall not be disclosed to third parties except with the consent of the interested parties or by legal obligation, or in compliance with judicial or administrative decisions.

Professionals shall not promote or participate in any potentially illicit activity.

FORUM MUSIKAE will disseminate the contents and principles of this Code of Ethics among its suppliers by publishing them on its corporate website and/or sending them to suppliers.

5.3.5. COMPETITION WITH THIRD PARTIES

FORUM MUSIKAE is committed to free competition and compliance with the laws established in this regard, avoiding any action that involves an abuse or unlawful restriction of competition.

5.3.6 AUTHORITIES

FORUM MUSIKAE will negatively assess any action that implies a lack of faithful and exact compliance with its legal and fiscal obligations. In accordance with this, the Professionals will not carry out any activity that is not covered by the appropriate authorisation or licence.

FORUM MUSIKAE will collaborate with the Public Administration at all times, complying with its requirements, both those referring to the organisation itself and those related to its employees or external collaborators.

5.3.7. INSTITUTIONAL RELATIONS

Relations with institutions, organisations and public or private administrations must be governed by institutional respect and be developed under criteria of scrupulous compliance with the law, with other sections of this Code being applicable. 

6. OBLIGATORY NATURE OF THE ETHICAL CODE, SUPERVISION AND FULFILMENT

Compliance with this Ethical Code is obligatory for all FORUM MUSIKAE Professionals, who are also obliged to attend and participate in all training activities that are organised in relation to the same. Any Professional, regardless of their level or position, is authorised to ask other Professionals to contravene the provisions of this regulation. Any Professional, regardless of his or her position, is authorised to request anything contrary to the provisions of this Ethical Code, or to protect his or her conduct in the position of a hierarchical superior.

For this reason, all Professionals have the obligation to report, in accordance with the procedure established at any given time, immediately any breach or violation that they may become aware of, and especially those that could constitute a crime.

FORUM MUSIKAE has implemented a specific communication procedure known as the Whistleblower Channel, which is accessible on the corporate website www.FORUM MUSIKAE.com and on the internal employee portal or intranet, which allows all Professionals, with guaranteed confidentiality and without fear of reprisals, to communicate, in a simple and confidential manner, those actions that, to the best of their knowledge and belief, constitute inappropriate or unacceptable conduct or actions in reference to the Ethical Code or any other internal or external regulations that may be applicable.

The Whistleblowing Channel consists of a specific e-mail address (complaintchannel@forummusikae.com). Communications received through the Whistleblowing Channel will be treated confidentially, and the necessary measures will be implemented to always guarantee this confidentiality.

However, in order to ensure the veracity of the information received, only those complaints in which the complainant is clearly identified will be accepted, and they will be analysed and evaluated by the Supervisory Body, as the body empowered to supervise, which will make its decisions by majority vote and which will be made up of the persons determined in the internal FORUM MUSIKAE documents 

7. DISCIPLINARY REGIME

When the Supervisory Body determines that a Professional has breached this Ethical Code, it shall entrust the corresponding Management with the application of disciplinary measures in accordance with the system of misconduct and penalties provided for in the collective bargaining agreement or in the applicable labour legislation. Failure to comply with the Ethical Code may give rise to labour sanctions, without prejudice to any administrative or criminal sanctions that may also be applicable.

Violations that may be subject to disciplinary measures include the following:

1. a) Infringing or inciting others to infringe the prohibitions or rules set out in this Code.
2. b) Failing to report a suspected or known breach of the rules set out in the Ethical Code.
3. c) Failing to cooperate in FORUM MUSIKAE’s investigations into possible breaches of the Code.
4. d) Retaliating against a FORUM MUSIKAE employee or officer for reporting a breach of the Ethical Code standards.
5. e) Lack of leadership or negligence in the duty to demand compliance with the Law and the rules of the Ethical Code.

 

Madrid, 1 June 2020.