Introduction

The purpose of this policy is not to stop an individual from using Social Media Applicationsand Sites (SMS) but to encourage the use of them in a manner which does not cause offence, place the individual in conflict with [ name of business ]“the/ourbusiness” and which protects themand the businessfrom associated risks.

Use of any SMS,be it inside or outside of work,or whether personal in nature is governed by the business’s employment policies and attention is drawn in particular to our:[Electronic Communications and Internet Use Policy], [Data Protection Policy],[Equal Opportunities],[Anti-Harassment and Bullying Policies] and other relevantbusiness policies, rules and codes which should also be adhered to.Social media should never be used in a way that breaches any of the business’s other policies, rules and codes. Any breaches may lead to disciplinary action up to and including summary dismissal.

This policy does not form part of any employee’s contract of employment and can be amended at any time.

Please also read “Using Social Media on Behalf of the Business – An Employee Guide” if you use SMS as part of your role on behalf of the business, together with the “Do’s and Don’ts of Social Media – An Employee Guide”.

WHO IS COVERED BY THE POLICY?

This policy appliesto all individuals working with and for the business (collectively referred to as “employees”).Third parties who have access to the business’s electronic communication systems and equipment are also required to comply with this policy.

SCOPE OF THE POLICY

This policy deals with the use of all forms of SMS, including Facebook, LinkedIn, Twitter, Google+, Wikipedia, Snapchat, Whisper, Instagram, Vine, Tumblr, Tripadvisor and all other social networking sites, internet postings and blogs.

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This policy also applies to the use of social media for business and personal use, whether during office hours, at home or otherwise. This policy applies regardless of whether social media is accessed using the business’s IT facilities and equipment or equipment belonging to employees, for example personal smart phones.

All employees are responsible for the success of this policy and should ensure that they take the time to read and understand it.

REFERENCE TO THE BUSINESS ON SMS

Unless anemployee is specifically given written authorisation by theirline manager, they should not make reference to the businessor identify themselves as employees of [business name ] on SMS, including on any personal SMS. An exception will be made for LinkedIn.

PROTECTING THE BUSINESS’ REPUTATION

Whether posting on behalf of the business or in an employee’s own time on their own SMS they MUST not post, tweet, re-tweet/post, comment, like, view, access or post pictures or images or write anything that is inappropriate, offensive, rude, defamatory, pornographic, harassing or bullying, of a racist nature about any person or thing. Any post or use of any SMS must not be in breach of our rules on equality, harassment/bullying and diversity or other applicable policies.

Employees must also not post, share or make inappropriate, disparaging, rude, offensive or defamatory statements or messages about the business, its products or services, its employees, directors or any of the business’ associates, including any customers or guests. This includes ‘liking’ or re-tweeting any comments or posts read on another site and whether on any personal SMS.

Employees should also avoid any communications that may be misconstrued in a way that could damage the business’s reputation, even indirectly.

If an inappropriate post is received via a third party site about the business, its products or services, employees should not respond but ensure it is forwarded to the correct manager or their line manager.

Employees who use SMS accounts such as LinkedIn, Facebook or Twitter on behalf of the business must give details of all access codes and passwords either on demand or on termination of employment. For the avoidance of doubt, such databases or client contacts remain the property of the business. All contacts made during the course of the employee’s employment remain the property of the business and we will meet with the employee before they leave the business to discuss ownership and future contact with any business contacts after termination.

RESPECTINGINTELLECTUAL PROPERTY AND CONFIDENTIAL INFORMATION

Employees should not post or do anything to jeopardise any of the business’s confidential and sensitive information, trade secrets and intellectual property. This includes (but is not limited to) activities at work, business plans and financial performance.The same level of confidentiality is required for information belonging to customers and guests.

Employees should not use the business’s logo, brand name, slogans or other trademarks without prior written permission from management. Employees should not use copyrighted material, trademarks, publicity rights, or other rights of others including customers without the necessary permissions of the rights holders(s).

Contact details of business contacts made during the course of employment are regarded as the business’s confidential information and as such employees will be required to delete all such details from their personal social networking accounts on termination of their employment. This includes any contacts on LinkedIn.

RESPECTING COLLEAGUES, CUSTOMERS, PARTNERS, VENDORS, SUPPLIERS AND THIRD PARTIES

Employees should not post anything related to any of the above listed without their written permission. Whilst the business encourages the use of SMS for business related activities, employees should not use them to publish slurs, derogatory, demeaning, offensive or discriminatory comments about any person, business or thing in a business capacity or even personally if their connection to the business is known or evident.

While using social media for work, circulating chain letters or other spam is never permitted. Circulating or posting offensive commercial, personal, religious or political solicitations, or promotion of outside organisations unrelated to the business is also prohibited.

Employees who use SMS as part of their role must also comply with industry rules relating to advertising, marketing and the Data Protection Act 1998. The business expects any employees who are required to speak on behalf of the business through SMS follow our rules and policies, in particular the “Using Social Media on behalf of the Business – An Employee Guide.” If employees are in any doubt of what to say then they should say nothing and seek further guidance.

Employees must remember the global and permanent nature of the internet – what they say can have far-reaching consequences and the wider scope of their posts always should be considered (e.g. what may seem amusingto one person may be offensive to another and so employees should always consider their global audience).

PERSONAL USE OF SOCIAL MEDIA

The business recognises that employees may work long hours and occasionally want to use SMS for personal use at the office or by usingthe business’s computers, networks and other IT resources and communications systems. An example of this might be posting photographs on an employee’s personal facebook page. The businessauthorisesuse of SMSoutside normal working hours, so long as it does not involve unprofessional, illegal or inappropriate content and does not interfere with employment responsibilities or productivity. Such use is a privilege and not a right. Such use is subject to employee’s complying with the business’s rules and policies and agreeing to the business monitoring use and reserving the right to revoke such use at all times.

OR

Personal use of social media is never permitted during working time or by means of the business’s computers, networks and other IT resources and communications systems.

Employees should make it clear in social media postings, or in their personal profile, that theyare speaking on their own behalf. They should write in the first person and use a personal e-mail address. They should not state or make reference to any affiliation with the business. If an employee disclosestheir affiliation with the businesson their profile or in any social media postings, they must state that their views do not represent those of the business (unless authorised to speak on its behalf). Employees should also ensure that their profile and any content they post are consistent with the professional image they present to customers and guests and colleagues.

MONITORING

The business reserves the right to monitor, intercept and review, without further notice, employee activities using its/any IT resources and communications systems, including but not limited to social media postings and activities, to ensure that the business’s rules are being complied with. This applies to private or public SMS postings or use. All employees consent to such monitoring by their acknowledgement of this policy andtheir use of such resources and systems. This might include, without limitation, the monitoring, interception, accessing, recording, disclosing, inspecting, reviewing, retrieving and printing of transactions, messages, communications, postings, log-ins, recordings and other uses of the systems as well as keystroke capturing and other network monitoring technologies.

The business may store copies of such data or communications for a period of time after they are created, and may delete such copies from time to time without notice.

Business resources and communications systems should not be used for any matter that you wish to be kept private or confidential.

BREACH OF THE POLICY

Breach of this Policy, whether as a result of SMS use during working hours or outside working hours and on personal devices or SMS, may result in disciplinary action being taken. Depending on the nature of the breach this may be up to and including summary dismissal.

ACKNOWLEDGEMENT OF EMPLOYEE

I acknowledge I have read the social media policy above and have understood the terms of the policy and agree to abide by it at all times.

Signed………………………………………………………………………………………….

Dated……………………………………………………………………………………………

Consistent with our policy when giving comment and advice on a non-specific basis, we cannot assume legal responsibility for the accuracy of any particular statement. In the case of specific problems we recommend that professional advice be sought.

© Boyes Turner LLP 2016

Boyes Turner LLP, Abbots House, Abbey Street, Reading, Berkshire, RG1 3BD, UK

Tel: 0118 959 7711 Fax: 0118 957 3257 Email:

Website:

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