Internet Policy for Employees - Template, Sample Form Pro · US-law

INTERNET, ELECTRONIC COMMUNICATIONS, AND SOCIAL MEDIA POLICY

State of ________

Company Name: ________
Effective Date: ________
Last Updated Date: ________

§ 1. INTRODUCTION AND PURPOSE

1.1 The internet and related electronic communications have become integral to modern business operations. At ________ (the “Company”), we recognize that employees and other covered persons routinely use the internet, electronic devices, and social media in their day-to-day activities. This Internet, Electronic Communications, and Social Media Policy (this “Policy”) is intended to promote responsible use of these resources and to protect the legitimate business interests of the Company.

1.2 The purpose of this Policy is to set forth the rules and expectations governing the use of the internet, electronic communication systems, Company devices, and social media while at work or while representing the Company.

1.3 This Policy applies to all employees, officers, contractors, interns, and other persons performing services for the Company (collectively, “Covered Persons”), regardless of whether such use occurs on Company premises, on Company-owned equipment, or otherwise.

1.4 Your personal activity on the internet may be subject to this Policy to the extent it materially impacts the business of the Company, its employees, its customers or clients, or your work for the Company.

1.5 Please read and review this Policy thoroughly. If you have any questions, contact your supervisor or ________. This Policy is to be read in conjunction with all other workplace policies you have received, including the Employee Handbook and any policies governing appropriate conduct, confidentiality, and data privacy.

§ 2. NLRA AND PROTECTED ACTIVITY DISCLAIMER

2.1 Nothing in this Policy is intended to, and this Policy shall not be construed or applied so as to, interfere with, restrain, or coerce any employee in the exercise of rights protected under Section 7 of the National Labor Relations Act, 29 U.S.C. § 157, including the right to engage in concerted activity for the purpose of mutual aid or protection, such as discussing wages, hours, and other terms and conditions of employment.

2.2 This Policy shall not be applied or enforced in a manner that violates any applicable federal, state, or local law, including the National Labor Relations Act, federal and state whistleblower protection statutes, anti-retaliation laws, the Stored Communications Act (18 U.S.C. § 2701 et seq.), the Electronic Communications Privacy Act (18 U.S.C. § 2510 et seq.), or any law protecting lawful off-duty conduct.

§ 3. DEFINITIONS

3.1 “Social media” means mobile and web-based applications used for user-generated content, communication, and social interaction. This term includes, without limitation, blogs, online communities, discussion forums, review sites, and social networking and content-sharing platforms, as well as any other related or similar websites or applications.

3.2 “E-correspondence” means all forms of electronic communication and their contents, including, without limitation, SMS/text messaging, email, instant messaging, voicemail, media, and physical and digital files, data, and operating programs, whether created, transmitted, or received through telephones, computers, the internet, or mobile devices.

§ 4. CONFIDENTIALITY

4.1 Your work for the Company should generally be considered confidential. This obligation of confidentiality extends to all internal and external communications made in connection with your work for the Company, including email, text messages, voicemail, and other electronic communications.

4.2 All communications made in the course of your work for the Company should be professional in nature. You acknowledge that such communications may be subject to discovery in litigation, regulatory inquiry, or other legal proceedings.

4.3 This Section does not restrict any Covered Person from discussing wages, hours, or other terms and conditions of employment, or from engaging in any activity protected by law.

§ 5. MONITORING; NO EXPECTATION OF PRIVACY

5.1 To the fullest extent permitted by applicable law, the Company reserves the right to access, monitor, review, intercept, record, and disclose all electronic communications, content, files, folders, and internet usage created, sent, received, or stored on Company devices, systems, or networks, or undertaken while at work.

5.2 Covered Persons should have no expectation of privacy in any communication, file, or data created, transmitted, received, or stored using Company devices, systems, or networks, except as otherwise required by law.

5.3 By using Company devices, systems, or networks, you consent to such monitoring and access to the extent permitted by applicable law, including the Electronic Communications Privacy Act and the Stored Communications Act. The Company will not require disclosure of, or access to, personal social media accounts in violation of any applicable state social media privacy law.

§ 6. COMPANY E-CORRESPONDENCE

6.1 A range of communication methods may be used at the Company, including, at minimum, SMS/text messaging, email, media, voicemail, and instant messaging, accessed through electronic devices such as telephones, computers, tablets, mobile phones, and the internet. All such e-correspondence and its contents are intended for professional use and are the property of the Company.

6.2 The following rules are not exhaustive, and the Company reserves the right to modify them as necessary. These rules apply to all forms of e-correspondence that (a) can identify the Company; (b) can be accessed on Company property; or (c) can be accessed using Company funds or on equipment provided by the Company:

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b. To the extent permitted by applicable law, Covered Persons do not own any e-correspondence created on or transmitted through Company systems, whether or not it is confidential or password protected. Passwords and access codes used on Company devices are considered Company property and may be overridden when necessary. The Company retains all rights to information created on or transmitted through Company property.

c. The Company may monitor Covered Persons and their activity to ensure compliance with Company policy and applicable law. The Company may, to the extent permitted by law, review e-correspondence and digital information at any time, and such information may be disclosed when necessary.

d. Covered Persons may not encrypt programs or install encryption software for email communications without authorization, may not use anonymous correspondence in connection with Company business, and shall not access the e-correspondence of third parties or other employees without authorization.

e. Devices used for receiving and recording information, such as computers, telephones, fax machines, and scanners, may not be used to transmit sensitive information or disclose confidential Company information without authorization.

f. Use of Company-funded communication services, websites, and the internet is permitted for Company-related business. Prior approval must be obtained before any information about the Company, its products, or its services is published in any medium accessible by others.

§ 7. SOCIAL MEDIA POLICY

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7.2 Personal social media use is not permitted during working time, except during authorized break and meal periods. Personal social media use is not permitted on Company devices, except as authorized.

7.3 Only Covered Persons specifically authorized in writing may access the Company’s official social media accounts or post content on behalf of the Company. If you are not so authorized, you may not use the Company’s official social media accounts or otherwise represent the Company online.

7.4 If you are authorized to represent the Company online, the following guidelines apply:

• Be respectful and professional; do not engage in arguments with customers or clients.
• Avoid making promises; offer to address customer service issues by phone rather than making express commitments online.
• Do not answer questions outside your area of responsibility; seek guidance from senior management before posting if needed.
• Follow all written Company policies, including the Employee Handbook, privacy policy, and confidentiality policy.
• Never disclose sensitive Company information, including customer and client lists, marketing strategies, financial information, protected intellectual property, or sales data not generally available to the public.
• Coordinate with the marketing team regarding content you post.
• Do not delete customer or client comments or questions, even if you disagree with them, except as permitted by Company guidelines.
• Do not post content that constitutes unlawful harassment or discrimination or that includes slurs, epithets, derogatory remarks, stereotypes, or offensive material based on any legally protected classification.
• Promptly correct false information about the Company.
• Respect the intellectual property rights of third parties; obtain proper permission and use correct attribution.
• Observe the following additional rules:
• ________

7.5 While your off-duty activities on your own time and devices are generally your own responsibility, the Company asks that, for your personal social media activities, you:

• Comply with the terms and conditions of the social media platforms you use.
• Make clear, through appropriate disclaimers, that your views are your own and not those of the Company.
• Act lawfully at all times.
• Obtain permission from others before posting about them where appropriate.

7.6 You are legally responsible for content you post on your personal social media accounts, including any failure to disclose material connections in marketing as required by the Federal Trade Commission’s endorsement guidelines (16 C.F.R. Part 255). If you violate any law while posting on Company social media accounts, you may be required to indemnify the Company for resulting damages to the extent permitted by law.

7.7 Subject to compliance with this Policy and applicable law, employees are welcome to support the Company’s activities through their personal social media accounts.

7.8 All Covered Persons are required to comply with this Policy and with the rules and regulations set forth in the Employee Handbook.

§ 8. PERSONAL CELL PHONE USE

8.1 The Company recognizes that employees may need to use their personal cell phones from time to time during the workday. However, excessive personal cell phone use during working hours can interfere with productivity and the safe and efficient operation of the Company. Employees are expected to limit personal cell phone use to break periods and meal times whenever possible.

8.2 Personal cell phones should not be used in a manner that disrupts the workplace, distracts other employees, or interferes with the performance of job duties. Employees may not use personal cell phones to take photographs, make recordings, or capture images of confidential Company information, other employees, customers, or clients without proper authorization.

8.3 Please place cell phones on vibrate mode, silent mode, or completely powered off during work meetings as a courtesy to others.

8.4 Employees may not use cell phones or other electronic devices while operating a motor vehicle in the course of Company business in violation of any applicable law.

§ 9. ENFORCEMENT AND DISCIPLINARY ACTION

9.1 Violations of this Policy may result in disciplinary action, up to and including termination of employment or engagement, and may also result in civil or criminal liability under applicable law.

9.2 Where employment is at will, nothing in this Policy alters the at-will nature of the employment relationship, and either the Company or the employee may terminate the relationship at any time, with or without cause or notice, subject to applicable law.

§ 10. GENERAL PROVISIONS

10.1 Amendment. The Company reserves the right to amend, modify, or rescind this Policy at any time, with or without notice, to the extent permitted by law.

10.2 No Contract. This Policy is a statement of the Company’s expectations and does not constitute an employment contract or guarantee of continued employment.

10.3 Governing Law. This Policy shall be governed by and construed in accordance with the laws of the State of ________, without regard to its conflict-of-laws principles.

10.4 Severability. If any provision of this Policy is held to be invalid or unenforceable, such provision shall be modified or severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

For any questions, please contact your supervisor.

§ 11. ACKNOWLEDGMENT

I acknowledge that I have received, read, and understood this Internet, Electronic Communications, and Social Media Policy, and I agree to comply with its terms.

Employee Name: ________

Employee Signature: ________

Date: ________