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SOCIAL MEDIA POLICY
State of ________
Company Name: ________
Effective Date: ________
Last Updated Date: ________
INTRODUCTION AND PURPOSE
Social media has changed the way that we all act and interact. At ________ (the “Company”), we recognize that employees, contractors, and other personnel will likely utilize social media in their day-to-day lives. This Social Media Policy (this “Policy”) was created to ensure that those working for or with the Company use social media responsibly, so as to ensure the legitimate business interests of the Company are protected.
We believe that your success is our success. That is why we have developed this Policy to outline our expectations, policies, and procedures and to help guide you throughout your relationship with us.
The purpose of this Policy is not only to help you maintain a productive working relationship with the Company but also to clarify the specific rules regarding what may be shared about the Company (if anything).
Your personal activity on the internet may be subject to this Policy to the extent it impacts the lawful business interests of the Company, Company employees, or your work at the Company, in each case consistent with applicable law.
Please take the time to read and review this Policy thoroughly. If you have any questions, please contact your supervisor or the individual designated below: ________.
For purposes of this Policy, “social media” means mobile and web-based applications used for user-generated content, communication, and social interaction. This definition includes, but is not limited to, the following types of platforms: blogs, online communities, discussion forums, review sites, messaging applications, and social networking and content-sharing platforms (such as Instagram, X (formerly Twitter), Facebook, LinkedIn, Snapchat, TikTok, YouTube, Reddit, and any other related or similar websites or services), whether now existing or hereafter developed.
§ 1. SCOPE AND GENERAL PROVISIONS
1.1 This Policy applies to all employees, officers, directors, interns, volunteers, and, where designated in writing, independent contractors and agents of the Company (collectively, “you” or “personnel”).
1.2 This Policy covers, among other things:
- (a) Your social media activities while at work;
- (b) Your social media activities while utilizing Company electronic devices, networks, or systems;
- (c) Restrictions on representing the Company online; and
- (d) Your social media activities on your own time and personal devices, to the extent permitted by applicable law.
1.3 You should assume that all of your online activities are publicly visible and available at any given time. You may be subject to disciplinary action, up to and including termination of employment, for violating any of the Company’s lawful policies, including posts that constitute or display unlawful harassment or discrimination, or that include slurs, epithets, derogatory remarks, stereotypes, jokes, or offensive visuals based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40 and over), disability, genetic information, marital status, military or veteran status, or any other characteristic protected by applicable federal, state, or local law.
1.4 Protected Activity. Nothing in this Policy is intended to, nor shall it be construed or applied so as to, interfere with, restrain, coerce, or prevent personnel from exercising rights protected under Section 7 of the National Labor Relations Act (29 U.S.C. § 157), including the right to engage in protected concerted activity for mutual aid or protection regarding wages, hours, and other terms and conditions of employment, or any other rights protected under applicable federal, state, or local law (including the right to report unlawful conduct to, or cooperate with, any government agency). This Policy shall be interpreted and enforced in a manner consistent with such rights.
§ 2. UTILIZING SOCIAL MEDIA WHILE AT WORK
2.1 Except as set forth in § 1.4 above and as otherwise permitted by applicable law, personal social media use is not permitted during working time. “Working time” does not include authorized breaks, meal periods, or other periods when you are not expected to be performing work.
§ 3. UTILIZING SOCIAL MEDIA WHILE USING COMPANY ELECTRONIC DEVICES
3.1 Except as set forth in § 1.4 above and as otherwise permitted by applicable law, personal social media use is not permitted on Company-owned or Company-provided electronic devices, networks, or systems.
3.2 You should have no expectation of privacy in your use of Company devices, networks, or systems. The Company reserves the right, to the extent permitted by applicable law, to monitor, access, review, and disclose any data transmitted, received, or stored using Company devices, networks, or systems.
§ 4. RESTRICTIONS ON REPRESENTING THE COMPANY ONLINE
4.1 Only personnel who are expressly authorized in writing may access the Company’s official social media accounts or post content online on the Company’s behalf. If you are not so authorized, you may not use the Company’s official social media accounts or otherwise hold yourself out as representing the Company online.
4.2 If you are authorized to officially represent the Company online, the following guidelines apply:
- (a) Be respectful and professional. Do not engage in arguments with customers or clients.
- (b) Avoid making commitments or promises. For customer service matters, offer to speak with the customer or client directly rather than making express promises online.
- (c) Do not answer questions outside the scope of your authority or expertise. If you need guidance from senior management, obtain it before posting.
- (d) Follow all written Company guidelines, including the Company’s employee handbook, privacy policy, confidentiality policy, and any other applicable written policies.
- (e) Never disclose sensitive or confidential Company information, even if not subject to a specific written policy. Such information includes customer and client lists, marketing strategies, financial information, protected intellectual property, sales figures, trade secrets, and any other information not generally available to the public.
- (f) Coordinate with the marketing team regarding content you post.
- (g) Do not delete customer or client comments or questions, even if you disagree with them, except as directed by the Company.
- (h) Do not post any content that constitutes or displays unlawful harassment or discrimination, or that includes slurs, epithets, derogatory remarks, stereotypes, jokes, or offensive visuals based on any characteristic protected by applicable law.
- (i) Correct false information about the Company as promptly as reasonably possible.
- (j) Do not infringe the intellectual property rights of any third party. Obtain proper permission to use any content and use the correct attribution.
- (k) When endorsing or promoting the Company, its products, or its services, clearly and conspicuously disclose your relationship with the Company in accordance with applicable advertising and endorsement laws, including the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R. Part 255).
- (l) Observe the following additional guidelines:
- ________
§ 5. YOUR PERSONAL SOCIAL MEDIA ACTIVITIES
5.1 While your activities on your own time and personal devices are your own responsibility, and subject to § 1.4 above, the Company requests that you keep the following in mind:
- (a) Comply with the terms and conditions of the social media platforms you use.
- (b) Where you discuss the Company, make clear that your views are your own and not those of the Company, including through an appropriate disclaimer.
- (c) Act lawfully at all times.
- (d) Do not disclose confidential, proprietary, or trade secret information of the Company.
- (e) Obtain permission from others before posting about them where appropriate.
5.2 If your employment is at-will, please be aware that your employment may be terminated by you or the Company at any time, with or without cause or notice, subject to applicable law and any written agreement to the contrary. Nothing in this Policy alters the at-will nature of employment or creates a contract of employment.
5.3 Subject to the foregoing and to applicable law, employees are welcome (but not required) to use their personal social media accounts to support the Company’s activities.
§ 6. LEGAL LIABILITY AND COMPLIANCE
6.1 This Section outlines your legal responsibilities and the consequences that may arise from your use of social media, whether on behalf of the Company or in a personal capacity.
6.2 You must comply with all applicable federal, state, and local laws, as well as all lawful Company policies, when engaging in any social media activity related to the Company.
6.3 You may not disclose any confidential, proprietary, or trade secret information belonging to the Company or any of its customers, clients, vendors, or business partners, consistent with applicable law, including the Defend Trade Secrets Act of 2016 (18 U.S.C. § 1836 et seq.) and applicable state trade secret law.
6.4 You must respect copyright, trademark, right of publicity, fair use, and other intellectual property and financial disclosure laws when posting content related to the Company.
6.5 When posting about the Company, its products, or its services, you must clearly and conspicuously disclose your relationship with the Company in accordance with applicable advertising and endorsement regulations, including those of the Federal Trade Commission (16 C.F.R. Part 255).
6.6 You must not post any content that is defamatory, libelous, threatening, harassing, discriminatory, fraudulent, obscene, or otherwise unlawful, or that could unlawfully harm the reputation of the Company or any of its employees, customers, or clients.
6.9 All personnel are required to comply with the rules and regulations set forth in the Employee Handbook, as well as this Policy. In the event of any conflict between this Policy and applicable law, applicable law controls.
§ 7. ADMINISTRATION AND ACKNOWLEDGMENT
7.1 The Company reserves the right to amend, modify, supplement, or rescind this Policy at any time, with or without notice, consistent with applicable law.
7.2 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, and applicable federal law.
7.3 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 remain in full force and effect.
7.4 For any questions, please contact your supervisor or the designated Policy contact identified above.
EMPLOYEE ACKNOWLEDGMENT
I acknowledge that I have received, read, and understand this Social Media Policy, and I agree to comply with its terms.
Employee Name: ________
Employee Signature: ________
Date: ________
Fields you complete are inserted into the document live. This template is general guidance only - not legal advice.