Attachment A

Ethical Standards

This Attachment does not apply to Consumers but to merchants, entrepreneurs, legal entities under private and those under public law and to a special fund under public law (hereinafter collectively the “Professional Users”). The Professional Users must comply with these Ethical Standards under the Service Agreement.

The rights granted to the Professional User by the Service Agreement are expressly made subject to the Professional User’s compliance with the following conditions:

The User SHALL NOT, whether directly or indirectly, through agents or assigns:

• Infringe upon any person’s right to life or security of person, engage in extrajudicial killings, or commit murder, without lawful cause (See Article 3, United Nations Universal Declaration of Human Rights; Article 6, International Covenant on Civil and Political Rights)

• Hold any person in slavery, servitude, or forced labor (See Article 4, United Nations Universal Declaration of Human Rights; Article 8, International Covenant on Civil and Political Rights);

• Contribute to the institution of slavery, slave trading, forced labor, or unlawful child labor (See Article 4, United Nations Universal Declaration of Human Rights; Article 8, International Covenant on Civil and Political Rights);

• Torture or subject any person to cruel, inhumane, or degrading treatment or punishment (See Article 5, United Nations Universal Declaration of Human Rights; Article 7, International Covenant on Civil and Political Rights);

• Discriminate on the basis of sex, gender, sexual orientation, race, ethnicity, nationality, religion, caste, age, medical disability or impairment, and/or any other like circumstances (See Article 7, United Nations Universal Declaration of Human Rights; Article 2, International Covenant on Economic, Social and Cultural Rights; Article 26, International Covenant on Civil and Political Rights);

• Prevent any person from exercising his/her/their right to seek an effective remedy by a competent court or national tribunal (including domestic judicial systems, international courts, arbitration bodies, and other adjudicating bodies) for actions violating the fundamental rights granted to him/her/them by applicable constitutions, applicable laws, or by this Service Agreement (See Article 8, United Nations Universal Declaration of Human Rights; Articles 9 and 14, International Covenant on Civil and Political Rights);

• Subject any person to arbitrary arrest, detention, or exile (See Article 9, United Nations Universal Declaration of Human Rights; Article 9, International Covenant on Civil and Political Rights);

• Arbitrarily deprive any person of his/her/their property (See Article 17, United Nations Universal Declaration of Human Rights);

• Forcibly remove indigenous peoples from their lands or territories or take any action with the aim or effect of dispossessing indigenous peoples from their lands, territories, or resources, including without limitation the intellectual property or traditional knowledge of indigenous peoples, without the free, prior, and informed consent of indigenous peoples concerned (See Articles 8 and 10, United Nations Declaration on the Rights of Indigenous Peoples);

• Commit ecocide:

  • For the purpose of this section, “ecocide” means unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by those acts;
  • For the purpose of further defining ecocide and the terms contained in the previous paragraph:
    • “Wanton” means with reckless disregard for damage which would be clearly excessive in relation to the social and economic benefits anticipated;
    • “Severe” means damage which involves very serious adverse changes, disruption, or harm to any element of the environment, including grave impacts on human life or natural, cultural, or economic resources;
    • “Widespread” means damage which extends beyond a limited geographic area, crosses state boundaries, or is suffered by an entire ecosystem or species or a large number of human beings;
    • “Long-term” means damage which is irreversible or which cannot be redressed through natural recovery within a reasonable period of time; and
    • “Environment” means the earth, its biosphere, cryosphere, lithosphere, hydrosphere, and atmosphere, as well as outer space (See Section II, Independent Expert Panel for the Legal Definition of Ecocide, Stop Ecocide Foundation and the Promise Institute for Human Rights at UCLA School of Law, June 2021);

• Extractive Industries: Be an individual or entity, or a representative, agent, affiliate, successor, attorney, or assign of an individual or entity, that engages in fossil fuel or mineral exploration, extraction, development, or sale;

• Mass Surveillance: Be a government agency or multinational corporation, or a representative, agent, affiliate, successor, attorney, or assign of a government or multinational corporation, which participates in mass surveillance programs;

• Military Activities: Be an entity or a representative, agent, affiliate, successor, attorney, or assign of an entity which conducts military activities;

• Interfere with Workers' free exercise of the right to organize and associate (See Article 20, United Nations Universal Declaration of Human Rights; C087 - Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), International Labour Organization; Article 8, International Covenant on Economic, Social and Cultural Rights); and

• Harm the environment in a manner inconsistent with local, state, national, or international law.

The User SHALL:

• Provide equal pay for equal work where the performance of such work requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to:
  • A seniority system;
  • A merit system;
  • A system which measures earnings by quantity or quality of production; or
  • A differential based on any other factor other than sex, gender, sexual orientation, race, ethnicity, nationality, religion, caste, age, medical disability or impairment, and/or any other like circumstances (See 29 U.S.C.A. § 206(d)(1); Article 23, United Nations Universal Declaration of Human Rights; Article 7, International Covenant on Economic, Social and Cultural Rights; Article 26, International Covenant on Civil and Political Rights); and
• Allow for reasonable limitation of working hours and periodic holidays with pay (See Article 24, United Nations Universal Declaration of Human Rights; Article 7, International Covenant on Economic, Social and Cultural Rights).

-Version: April 2023-

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