Conflict of Interest Policy

If you would like to find out if you have a conflict of interest that would affect your potential employment here then please fill out our Conflict of Interest Form and we will get back to you.

Please note: This document is part of our employee Field Guide, so links that point to other internal resources have been removed.

Links on this page have been removed to protect confidentiality of additional internal-facing Field Guide pages available to Automatticians.

One of the things we all love about our jobs at Automattic is working for a company that has a mission other than just making money. We’re democratizing publishing, contributing to world-changing open source software, promoting free speech around the globe, and giving everyone a voice on the internet. With great work comes great responsibility – Automattic is committed to being a role model of the highest possible ethical standards by going well beyond compliance with legal requirements and setting the best possible example for the WordPress community.

Being vigilant about conflicts of interest is a very important part of the responsibility we all have to other Automatticians and to the WordPress community as a whole. Mismanaging our personal dealings can create conflicts and hurt Automattic financially. More importantly, conflicts of interests may damage our credibility and that of the WordPress community.

This policy provides guidelines on identifying, reporting, and resolving conflicts of interest that may come up for Automatticians. In particular, this policy should help us recognize and address conflicts of interest that arise in four common areas:

  1. Gifts and Entertainment
  2. Outside Activities
  3. Investments
  4. Business Opportunities

You should read and understand the guidelines in these four areas, below. But beyond that, you should be alert to any situation that could compromise the position of trust you hold as a member of our community. Often, conflicts of interest fall into grey areas and aren’t very easy to describe in advance or resolve on your own.

You’re required to immediately report any conflicts or potential conflicts (if you’re sure it’s not a conflict, you do not need to report it). If you are unsure as to whether a transaction, activity, or relationship would constitute a conflict of interest or create the perception of a conflict of interest, complete this form which will go to the Legal and Human League teams. They’ll get back to you with any questions and discuss what options there are to resolve the conflict (if there actually is one).

It’s important to mention that Team Leads, Division Leads, etc. cannot have familial or romantic relationships with people they manage, as we consider that a conflict of interest. It is also our policy that romantic partners cannot be on the same team, in order to best support a comfortable work environment for all team members and prevent potential conflicts of interest. It is a requirement that you disclose familial or romantic relationships with other Automatticians to your HR Wrangler.

Automattic prohibits retaliation, in any form, against anyone who, in good faith, reports a conflict of interest, or who assists in the investigation of a reported issue. Any acts that appear to be retaliation should be reported immediately to a member of The Human League or to the General Counsel.

GUIDELINES AND EXAMPLES

1.  Gifts and Entertainment

Automattic chooses its business partners on the basis of the price and quality of their products, the level of service they provide, and their alignment with our values and mission. Similarly, we expect that our customers choose to trust us with their business for the same reasons. Accordingly, all business transactions should be impartial, objective, and free of improper influence—particularly business gifts. The purpose of business entertainment and gifts in a work setting is to create goodwill and sound working relationships, not to gain unfair advantage with customers or partners that we work with.

No gift or entertainment should ever be offered, given, provided, or accepted by any Automattician, family member of an Automattician, or agent unless it meets all of the following criteria:

  • Is not a cash gift.
  • Is consistent with customary business practices.
  • Is reasonable in value.
  • Cannot be construed as a bribe or payoff.
  • Does not violate any laws, regulations, or applicable policies of the other party’s organization.

As long as you are an Automattician, you may not receive any payments, income or material gifts from individuals or organizations outside of Automattic, with the exception of nominal, business gifts such as flowers, a bottle of wine, or a holiday gift basket, for example. Please discuss with your team lead, General Counsel, or HR Wrangler any gifts or proposed gifts you are not certain are appropriate.

When securing large hotel room blocks or planning meetings and events, hotels will often include a clause in the contract around Meeting Planner Points or other incentives. Anytime these are offered, they should not be taken unless they can be used for the good of the group (i.e. put towards covering a room night for the meetup or group).  If they are taken, please immediately disclose and document this as a Conflict of Interest (COI) via this form which goes to our Legal and Human League teams.

2.  Outside Activities

If you’re engaged in any form of employment (full or part-time), self-employment, or consulting outside of Automattic that may create a conflict of interest, let us know about your relationships so that we can evaluate how to resolve the conflict (if one exists). Part-time/consulting relationships could be paid or unpaid, and would include service as a trustee or on a board of directors of a profit or non-profit company.

It’s OK to help other startups as an advisor, and to make investments in them, too. Just make sure that the company you’re helping or investing in isn’t competing with Automattic or any of our products and that the time invested doesn’t impact your work at Automattic.

If we determine that outside work interferes with your ability to meet the requirements of your position, or poses a conflict of interest, we may ask you to choose between working at Automattic or keeping that competitive investment/advisory position.

You should not use company resources, such as computers and company email addresses, for conducting outside activities.

3.  Investments

Generally, you may personally invest in shares of public and private companies. However, you may NOT hold a significant investment in a company that competes with, does business with, or is seeking to do business with Automattic.

Similarly, members of your immediate family/household, may not make or hold a significant investment in, or serve as a director or officer of, any private entity that competes with, does business with, or is seeking to do business with Automattic without advance approval.

An interest is considered significant if it could impair, or reasonably appear to impair, your ability to act solely in the best interests of Automattic. If a conflict exists, you and/or your family members may be prevented from investing in that entity.

4.  Business Opportunities

You may not take for yourself, family members, or affiliated entities business opportunities of which you become aware through your work for Automattic, the use of our property, or our confidential information.

You also may not use Automattic’s property, information, or your position with Automattic for personal gain.

You may not be paid for work outside of Automattic that you are being paid by Automattic to do (for example, on a consulting basis).

Reporting, Waivers and Amendment

Automattic’s Board of Directors ultimately oversees compliance with these policies.  Automattic’s General Counsel has responsibility for monitoring and enforcing this policy and, while serving in this capacity, reports directly to the Board of Directors.

To help monitor compliance, the Board will require each member of the Automattic executive team to complete and submit an annual Conflict of Interest Questionnaire. All other Automatticians are not required to complete an annual questionnaire, but are required to report any situations or relationships that may be covered by this policy as soon as they arise.

If a conflict of interest exists, you may receive a waiver that allows the relationship, activity, or investment to proceed on the terms that you’ve disclosed. Waivers are granted at the discretion of the Board (for executives) or the General Counsel (for all other Automatticians). Keep in mind that the Company may request more detail (including backup documentation) on any situations or relationships that you report before granting you a waiver.

We’re constantly working to improve our policies and procedures. Accordingly, we may update this policy from time to time. Any amendment of this Policy must be approved in writing by the Board.

This policy supersedes and replaces any other Conflict of Interest policies to which you may be subject. Your individual employment or consulting agreement may contain Conflict of Interest provisions that may be in addition to or different from those contained in this policy. If your employment agreement’s guidelines differ from these policies, the policies set out in your employment agreement will control.

Please read the Conflict of Interest Policy FAQs for more information.