Purpose and Scope

As a global business with geographically distributed subsidiaries, Intercom maintains a commitment to running our business ethically, including complying with all applicable laws against corruption and bribery. Intercom must comply with different anti-bribery and corruption laws and regulations, including The U.S. Foreign Corrupt Practices Act (“FCPA”) and U.K. Bribery Act of 2010 (“Bribery Act”) and other applicable anti-bribery and corruption laws in the jurisdictions in which we do business. This Statement supplements Intercom’s Code of Conduct and any similar supplements.

This Global Anti-Bribery Statement (“Policy”) sets out how Intercom manages corruption risks and establishes requirements for Intercom employees and Third Parties. This Policy applies to Intercom’s employees, including directors, officers, and contractors, as well as Third Parties authorized to act on our behalf, including business partners, regardless of location. We expect our employees to act lawfully, ethically, and in the best interest of Intercom at all times.

Intercom will administer and enforce this Policy in accordance with applicable laws. In the event of a conflict between provisions of this Policy and applicable laws, applicable laws shall apply. If an applicable local law imposes more stringent requirements than this Policy, the local law prevails for employees and Third Parties working in that country.

Definitions

Bribery: A bribe is the direct or indirect offer of anything of value with the intent to obtain or retain an improper business advantage or favorable treatment for Intercom. These prohibitions apply not only to money but to anything else of value, including providing business or job opportunities, facilitation payments (usually to government officials), donations, favorable contract terms, travel, gifts, entertainment, and hospitality.

Corruption: Any form of bribery, kickbacks, extortion, embezzlement, or other unlawful inducements or improper advantages offered, given, promised, requested, or accepted.

Gift or Entertainment: A gift or entertainment includes any item, event, or benefit for which the recipient does not pay fair market value. This may include tangible goods, services, recreation, courtesies, entertainment, hospitality, travel, reward points, gift cards, passes, discounts, investment opportunities, loans, and favors.

Government Official: Any officer, employee, or representative of any government, government owned entity, public international organization, political party, or public international organization.

Bribery and Kickbacks

Intercom has a zero-tolerance approach to bribery and corruption. Under this Policy, employees and business partners may not pay or offer a bribe or kickback of any kind, including to Government Officials, or employees of government-owned or controlled companies, and in commercial transactions. Neither may our employees or business partners solicit or accept a bribe or kickback.

Neither our employees, nor our business partners are permitted to give, promise, offer, or authorize payment of anything of value to a government official as defined in the FCPA, or to any officials or civilians as described by the Bribery Act, in order to obtain or keep business or to secure some other advantage for Intercom. Conversely, neither our employees, nor our business partners are permitted to solicit or accept a bribe or kickback of any kind to anyone (including corporate entities) to influence them to obtain or retain business or to secure any other advantage connected with Intercom.

Third Parties

All Third Parties working on our behalf must comply with the provisions of this Policy as well as any applicable laws and regulations. The term “Third Parties” includes any entity or individual with which Intercom conducts business that is not classified as an employee, including, but not limited to, vendors, suppliers, consultants, advisors, partners and other third parties supporting Intercom’s business and operations.

Intercom prohibits Third Parties from making or accepting improper payments on Intercom’s behalf, regardless of whether Intercom resources are used to make the payment.

Gifts and Entertainment

Employees must exercise good judgment and caution when both giving and receiving gifts, meals, or other types of entertainment. Employees may never offer or receive gifts or entertainment in exchange for any benefit.

Employees may generally offer or accept gifts and entertainment involving Third Parties or customers (or prospective Third Parties or customers) if it:

(i)serves a legitimate business purpose;

(ii)is reasonable and not extravagant (generally, under $150 for gifts is considered reasonable);

(iii)is not in the form of cash or cash equivalent (for example, gift cards or cryptocurrency);

(iv)is not given with the expectation that Intercom will receive anything in return (i.e. “quid pro quo”) basis) or influence the recipient’s judgment;

(v)is not regular or frequent, and

(vi)otherwise complies with local laws and generally accepted business practices.

If employees are unsure whether it is appropriate to provide or accept a gift or entertainment, they are encouraged to ask legal@intercom.io for advice.

Sponsorships and Donations

Intercom prohibits the use of charitable donations and sponsorships to obtain or retain business or to secure any other advantage. Employees must obtain approval from the legal department prior to awarding sponsorships or making donations and charitable contributions involving Intercom.

Roles and Responsibilities

Employee Obligations: All Employees and business partners are expected to ensure that their conduct complies with this Policy and any other applicable Intercom policies, the Code of Conduct, and applicable local law.

Training: Training and awareness programs are conducted regularly to educate employees about the risks of corruption and the importance of adherence to this Policy.

Due Diligence: We conduct due diligence on third parties, contractors, and business partners, to ensure they uphold similar standards and comply with this Policy.

Records and Reporting

We are committed to conducting all business dealings transparently and maintaining accurate records of all transactions. We expect our employees and business partners to maintain accurate corporate books, records, and accounts.

Employees and business partners are encouraged to report to their business unit manager, Human Resources, the Legal Department (legal@intercom.io), or by sending a confidential report via email to Intercom’s Ethics inbox (ethics@intercom.io) without fear of retaliation, any good faith suspicions that anyone acting on Intercom’s behalf is violating this Policy. All reports of alleged corruption will be promptly investigated. Confidentiality and fairness will be maintained throughout the investigation process. No one will be punished for refusing to pay or accept a bribe or kickback, even if such refusal results in a loss of business to Intercom.

Applicability and Enforcement

This Policy applies to all employees and business partners, and violation of the Policy may result in disciplinary action, up to and including termination of employment and/or the business relationship. Individuals involved in corrupt activities may face civil or criminal prosecution under applicable laws.

Continuous Improvement

We regularly review and update this policy to adapt to changes in laws, regulations, and best practices.

Conclusion

At Intercom, we believe that conducting business ethically and with integrity is fundamental to our success. With adherence to this policy we protect our reputation, build trust with business partners, and positively contribute to the areas in which we operate.
For questions or further information regarding this policy, please contact legal@intercom.io.