LAW Employee Use of Internet At Work: Policy Proposals

Section 4- Internet, E-mail, Computer, and Cell Phone Usage


    1. POLICY

The use of XYZ Inc., Inc/ XYZ Inc. automation systems, including computers, fax machines, and all forms of Internet/intranet access, is for company business and for authorized purposes only. Brief and occasional personal use of the electronic mail system or the Internet is acceptable as long as it is not excessive or inappropriate, occurs during personal time (lunch or other breaks), and does not result in expense or harm to the Company or otherwise violate this policy.

Use is defined as "excessive" if it interferes with normal job functions, responsiveness, or the ability to perform daily job activities. Electronic communication should not be used to solicit or sell products or services that are unrelated to the Company's business; distract, intimidate, or harass coworkers or third parties; or disrupt the workplace.

Use of Company computers, networks, and Internet access is a privilege granted by management and may be revoked at any time for inappropriate conduct carried out on such systems, including, but not limited to:

  • Sending chain letters or participating in any way in the creation or transmission of unsolicited commercial e-mail ("spam") that is unrelated to legitimate Company purposes;

  • Engaging in private or personal business activities, including excessive use of instant messaging and chat rooms (see below);

  • Accessing networks, servers, drives, folders, or files to which the employee has not been granted access or authorization from someone with the right to make such a grant;

  • Making unauthorized copies of Company files or other Company data;

  • Destroying, deleting, erasing, or concealing Company files or other Company data, or otherwise making such files or data unavailable or inaccessible to the Company or to other authorized users of Company systems;

  • Misrepresenting oneself or the Company;

  • Violating the laws and regulations of the United States or any other nation or any state, city, province, or other local jurisdiction in any way;

  • Engaging in unlawful or malicious activities;

  • Deliberately propagating any virus, worm, Trojan horse, trap-door program code, or other code or file designed to disrupt, disable, impair, or otherwise harm either the Company's networks or systems or those of any other individual or entity;

  • Using abusive, profane, threatening, racist, sexist, or otherwise objectionable language in either public or private messages;

  • Sending, receiving, or accessing pornographic materials;

  • Becoming involved in partisan politics;

  • Causing congestion, disruption, disablement, alteration, or impairment of Company networks or systems;

  • Maintaining, organizing, or participating in non-work-related Web logs ("blogs"), Web journals, "chat rooms", or private/personal/instant messaging;

  • Failing to log off any secure, controlled-access computer or other form of electronic data system to which you are assigned, if you leave such computer or system unattended;

  • Using recreational games; and/or

  • Defeating or attempting to defeat security restrictions on company systems and applications.

Using Company automation systems to access, create, view, transmit, or receive racist, sexist, threatening, or otherwise objectionable or illegal material, defined as any visual, textual, or auditory entity, file, or data, is strictly prohibited. Such material violates the Company anti-harassment policies and subjects the responsible employee to disciplinary action. The Company's electronic mail system, Internet access, and computer systems must not be used to harm others or to violate the laws and regulations of the United States or any other nation or any state, city, province, or other local jurisdiction in any way. Use of company resources for illegal activity can lead to disciplinary action, up to and including dismissal and criminal prosecution. The Company will comply with reasonable requests from law enforcement and regulatory agencies for logs, diaries, archives, or files on individual Internet activities, e-mail use, and/or computer use.

Unless specifically granted in this policy, any non-business use of the Company's automation systems is expressly forbidden.

If you violate these policies, you could be subject to disciplinary action, up to and including dismissal.

Ownership and Access of Electronic Mail, Internet Access, and Computer Files; No Expectation of Privacy

The Company owns the rights to all data and files in any computer, network, or other information system used in the Company and to all data and files sent or received using any company system or using the Company's access to any computer network, to the extent that such rights are not superseded by applicable laws relating to intellectual property. The Company also reserves the right to monitor electronic mail messages (including personal/private/instant messaging systems) and their content, as well as any and all use by employees of the Internet and of computer equipment used to create, view, or access e-mail and Internet content. Employees must be aware that the electronic mail messages sent and received using Company equipment or Company-provided Internet access, including web-based messaging systems used with such systems or access, are not private and are subject to viewing, downloading, inspection, release, and archiving by Company officials at all times. The Company has the right to inspect any and all files stored in private areas of the network or on individual computers or storage media in order to assure compliance with Company policies and state and federal laws. No employee may access another employee's computer, computer files, or electronic mail messages without prior authorization from either the employee or an appropriate Company official.

The Company uses software in its electronic information systems that allows monitoring by authorized personnel and that creates and stores copies of any messages, files, or other information that is entered into, received by, sent, or viewed on such systems. There is no expectation of privacy in any information or activity conducted, sent, performed, or viewed on or with Company equipment or Internet access. Accordingly, employees should assume that whatever they do, type, enter, send, receive, and view on Company electronic information systems is electronically stored and subject to inspection, monitoring, evaluation, and Company use at any time. Further, employees who use Company systems and Internet access to send or receive files or other data that would otherwise be subject to any kind of confidentiality or disclosure privilege thereby waive whatever right they may have to assert such confidentiality or privilege from disclosure. Employees who wish to maintain their right to confidentiality or a disclosure privilege must send or receive such information using some means other than Company systems or the company-provided Internet access. 

The Company has licensed the use of certain commercial software application programs for business purposes. Third parties retain the ownership and distribution rights to such software. No employee may create, use, or distribute copies of such software that are not in compliance with the license agreements for the software. Violation of this policy can lead to disciplinary action, up to and including dismissal.

 

    1. CONFIDENTIALITY OF ELECTRONIC MAIL 

As noted above, electronic mail is subject at all times to monitoring, and the release of specific information is subject to applicable state and federal laws and Company rules, policies, and procedures on confidentiality. Existing rules, policies, and procedures governing the sharing of confidential information also apply to the sharing of information via commercial software. Since there is the possibility that any message could be shared with or without your permission or knowledge, the best rule to follow in the use of electronic mail for non-work-related information is to decide if you would post the information on the office bulletin board with your signature.

 

It is a violation of Company policy for any employee, including system administrators and supervisors, to access electronic mail and computer systems files to satisfy curiosity about the affairs of others, unless such access is directly related to that employee's job duties. Employees found to have engaged in such activities will be subject to disciplinary action.

 

    1. ELECTRONIC MAIL TAMPERING

Electronic mail messages received should not be altered without the sender's permission; nor should electronic mail be altered and forwarded to another user and/or unauthorized attachments be placed on another's electronic mail message.

Policy Statement for Internet/Intranet Browser(s)

The Internet is to be used to further the Company's mission, to provide effective service of the highest quality to the Company's customers and staff, and to support other direct job-related purposes. Supervisors should work with employees to determine the appropriateness of using the Internet for professional activities and career development. The various modes of Internet/Intranet access are Company resources and are provided as business tools to employees who may use them for research, professional development, and work-related communications. Limited personal use of Internet resources is a special exception to the general prohibition against the personal use of computer equipment and software.

 

Employees are individually liable for any and all damages incurred as a result of violating company security policy, copyright, and licensing agreements.

 

All Company policies and procedures apply to employees' conduct on the Internet, especially, but not exclusively, relating to: intellectual property, confidentiality, company information dissemination, standards of conduct, misuse of company resources, anti-harassment, and information and data security.

 

Personal Electronic Equipment

The Company prohibits the use or possession in the workplace of any type of camera phone, cell phone camera, digital camera, video camera, or other form of image- or voice-recording device without the express permission of the Company and of each person whose image and/or voice is/are recorded. Employees with such devices should leave them at home unless expressly permitted by the Company to do otherwise. This provision does not apply to designated Company personnel who must use such devices in connection with their positions of employment.

    1. SOCIAL MEDIA POLICY

At XYZ Inc.we understand that social media can be a fun and rewarding way to share your life and opinions with family, friends and co-workers around the world. However, use of social media also presents certain risks and carries with it certain responsibilities. To assist you in making responsible decisions about your use of social media, we have established these guidelines for appropriate use of social media.


This policy applies to all associates who work for XYZ Inc.or one of its subsidiary companies in the United States (XYZ Inc./XYZ Inc.).


Supervisors and supervisors should use the supplemental Social Media Management Guidelines for additional guidance in administering the policy.

Any employee who violates the Company’s social media provisions may be subject to disciplinary action, up to and including termination. Additionally, violations may result in criminal prosecution, reimbursement of expenses incurred as a result of the violation and additional legal action.


    1. GUIDELINES

In the rapidly-expanding world of electronic communication, social media can mean many things. The term "social media" includes all means of communicating or posting information or content of any sort on the Internet, including to your own or someone else's web log or blog, journal, or diary, personal web site, social networking or affinity web site, web bulletin board, or a chat room, whether or not associated or affiliated with XYZ Inc.as well as any other form of electronic communication.

The same principles and guidelines found in XYZ Inc.policies and three basic beliefs apply to your activities online. Ultimately, you are solely responsible for what you post online. Before creating online content, consider some of the risks and rewards that are involved. Keep in mind that any of your conduct that adversely affects your job performance, the performance of fellow associates or otherwise adversely affects members, customers, suppliers, people who work on behalf of XYZ Inc.or XYZ Inc.legitimate business interests may result in disciplinary action up to and including termination.

XYZ Inc.reserves the right to monitor all public blogs and social networking forums for the purpose of protecting its interests and monitoring compliance with Company policies. If you have a problem with a policy of the Company or something that is happening with the Company, please speak to someone about it to see if the issue can be resolved internally instead of posting it on the internet. What you post about your personal activities on the internet may be used to make personnel decisions. If activity is found to be compromising or insubordinate, the Company may require cessation and removal of any detrimental commentary or postings.

 

    1. KNOW AND FOLLOW THE RULES

 Carefully read these guidelines, the XYZ Inc.Statement of Ethics Policy, the XYZ Inc.Information Policy, and the Discrimination & Harassment Prevention Policy, and ensure your postings are consistent with these policies. Inappropriate postings that may include discriminatory remarks, harassment, and threats of violence or similar inappropriate or unlawful conduct will not be tolerated and may subject you to disciplinary action up to and including termination.

Be respectful

 Always be fair and courteous to fellow associates, customers, members, suppliers, or people who work on behalf of XYZ Inc.Also, keep in mind that you are more likely to resolved work-related complaints by speaking directly with your co-workers or by utilizing our Open Door Policy than by posting complaints to a social media outlet. Nevertheless, if you decide to post complaints or criticism, avoid using statements, photographs, video, or audio that reasonably could be viewed as malicious, obscene, threatening, or intimidating, that disparage customers, members, associates, or suppliers, or that might constitute harassment or bullying. Examples of such conduct might include offensive posts meant to intentionally harm someone's reputation or posts that could contribute to a hostile work environment on the basis of race, sex, disability, religion, or any other status protected by law or company policy.

Avoid the use of profanity, or expressing yourself in a lewd or otherwise inappropriate manner. Individuals who know you and know that you work for the Company shape their opinion of the Company based on what they see of you both in and out of the workplace. Once you publish information on the internet it may be difficult if not impossible to retrieve it.

BE HONEST AND ACCURATE

Make sure you are always honest and accurate when posting information or news, and if you make a mistake, correct it quickly. Be open about any previous posts you have altered. Remember that the Internet archives almost everything; therefore, even deleted postings can be searched. Never post any information or rumors that you know to be false about XYZ Inc.fellow associates, members, customers, suppliers, and people working on behalf of XYZ Inc.or competitors.

 Post only appropriate and respectful content

  • Maintain the confidentiality of XYZ Inc.trade secrets and private or confidential information. Trade secrets may include information regarding the development of systems, processes, products, know-how, and technology. Do not post internal reports, policies, procedures, or other internal business-related confidential communications.

  • Respect financial disclosure laws. It is illegal to communicate or give a "tip" on inside information to others so that they may buy or sell stocks or securities. Such online conduct may also violate the Insider Trading Policy.

  • Do not create a link from your blog, website, or other social networking site to a XYZ Inc.website without identifying yourself as a XYZ Inc.associate.

  • Express only your personal opinions. Never represent yourself as a spokesperson for XYZ Inc.If XYZ Inc.is a subject of the content you are creating, be clear and open about the fact that you are an associate and make it clear that your views do not represent those of XYZ Inc.fellow associates, members, customers, suppliers, or people working on behalf of XYZ Inc. If you do publish a blog or post online related to the work you do or subjects associated with XYZ Inc. make it clear that you are not speaking on behalf of XYZ Inc.It is best to include a disclaimer such as "The postings on this site are my own and do not necessarily reflect the views of XYZ Inc."


USING SOCIAL MEDIA AT WORK

Refrain from using social media while on work time or on equipment we provide, unless it is work-related as authorized by your Supervisor or consistent with the Company Equipment Policy. Do not use XYZ Inc.e-mail addresses to register on social networks, blogs, or other online tools utilized for personal use.


RETALIATION IS PROHIBITED

XYZ Inc.prohibits taking negative action against any associate for reporting a possible deviation from this policy or for cooperating in an investigation. Any associate who retaliates against another associate for reporting a possible deviation from this policy or for cooperating in an investigation will be subject to disciplinary action, up to and including termination.


MEDIA CONTACTS

Associates should not speak to the media on XYZ Inc.behalf without contacting the doctor. All media inquiries should be directed to them. If you have questions or need further guidance, please contact your Compliance Officer.