How Can We Use Sms for the Good of Our Business?

INTRODUCTION

The popularity of social media has created challenges as well as opportunities for many businesses. Social Media Applications and Sites (SMS) such as Facebook and Twitter provide opportunities for our business to expand our reach, target new markets and present a positive image into the public domain as well as providing a platform to share information, knowledge and best practice with others.

SMS can also offer vast networking opportunities, advertising and commercial opportunities, information about candidates for recruitment and are a great platform for interacting with customers. As part of your role, you are responsible for using social media for the good of our business and our customers. However, with this responsibility comes potential legal risks and liabilities for both the business and you. Therefore it is imperative for you to be aware of how SMS can create legal and commercial risks and know how to avoid these difficulties arising.

To assist employees, we have produced this general guide on using social media on our behalf. However, please remember that it is a guide only and the main point of reference and compliance should always be our Social Media Policy and any other relevant policies which will guide you on how to utilize SMS in a work environment. Our policies are important and there may be consequences such as disciplinary proceedings and summary dismissal if they are not followed.

This guide is not contractual and may be amended at any time.

We want you to see the positive way in which SMS may be used; whilst keeping in mind our rules and this guidance for use. If you have any questions about this guide or in connection with SMS and your use of it, please contact your line manager.

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HOW CAN WE USE SMS FOR THE GOOD OF OUR BUSINESS?

As a business, we use SMS as part of our advertising and marketing, public relations, corporate communications and recruiting activities. We also use SMS to engage with customers, and the public; both as an advertising tool or to request feedback about our services and products. SMS is a global tool and we can use it to reach a wide audience – which should be remembered. To achieve this and as part of your role you may be involved in:

blogging and networking through our website
business-related use of third-party social media sites
managing a LinkedIn, Facebook, Twitter or other SMS account on our behalf
making comments in respect of the business and/or its products and services that are posted on our website, third-party sites, or sites affiliated with the business as part of our promotional strategy
checking candidates for employment using their Facebook or other social media profiles.

WHAT ARE SOME OF THE KEY ISSUES WE NEED TO BE AWARE OF WHEN USING SMS ON BEHALF OF THE BUSINESS?

The use of social-networking tools can give rise to a number of legal and commercial risks. Below we list some of the issues for you to be aware of:-

Advertising and direct marketing – you must comply with the provisions of any appropriate regulations, rules and any voluntary codes which apply to online advertising and marketing both in the UK and internationally. You should also be aware of laws concerning online promotions, gambling/lotteries and competitions.
Gathering information about existing and potential employees – employees must recognise the employment law implications arising from these activities. Avoid making employment decisions based on a protected characteristic (such as race, religion, age, disability or sexual orientation) revealed through SMS.

Receiving customer feedback – any inappropriate comments posted by a third party about us will need to be escalated to the appropriate manager so that they can be dealt with at the appropriate level. Damaging comments about the business or our products or services made by you or others could damage our reputation. Similarly making damaging comments about other businesses including competitors could cause problems for the business and damage our reputation.
Complying with the relevant SMS rules and policies – as well as familiarising yourself with our policies, be sure that when posting on a third party site such as Facebook or Twitter that you comply with their relevant terms and conditions.
Employment Issues - we have policies on Equal Opportunities and Harassment – as well as Social Media – which deal specifically with the misuse of social media. These include bullying and harassment (cyber bullying). Employees – whether posting on behalf of the business or in their own time on their own SMS 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 or which is in breach of our rules on equality, harassment/bullying and diversity. Anyone found to be in breach of our rules – including in their personal use – is likely to face disciplinary action up to and including dismissal.
Responsibility for social media use - the business is responsible for and potentially liable for the comments you make on social media, whether those comments are on a work account or personal one. If you are tasked with using SMS as part of your role in the business, you are also responsible for your comments and may also be personally liable for comments you make on SMS.
Data Protection - personal data about an employee, customer or third party must be processed fairly and lawfully in accordance with the terms of the Data Protection Act 1998 (as amended from time to time) [and our Data Protection Policy].
Confidentiality And Intellectual Property Rights - copyright, trademarks, patents and trade secrets are all at risk of being infringed or misappropriated through the use of SMS. Employees should not disclose information about the business, its employees, customers, products or services without the express consent or at the direction of their manager. Also be careful when uploading images, videos etc that you are not infringing copyright and trademark laws. Ask yourself: “Do I have permission to do what I am proposing to do from the owner of the IP right?”
False, misleading or defamatory statements - you must not publish anything that could directly or indirectly damage business interests or compromise our reputation or that of another person. Liability for libel or defamation or other legal liabilities could arise as a result. Such posts should be removed and a manager notified immediately whether the post was made deliberately or by mistake.

VIRUSES OR CYBER CRIME

SMS give users the opportunity to upload information about their bank accounts or other confidential information. There have been instances of business databases being hacked and businesses being held to ransom over their customers’ private information. Please be alert to the issue of cyber-crime. Any suspicions should be raised with your line manager. Remember too that you have an obligation to keep information and passwords safe and not to disclose them to any third party or to use them for your or another’s gain or illegal practices. If we suspect any cyber-crime we will report it to the police and relevant authorities and those employees will be subject to disciplinary action which could result in dismissal.

WHAT ABOUT SOCIAL MEDIA CONTACTS?

If your role is to manage the business’s social media accounts then please remember that any contacts made through those accounts will belong to the business. From time to time and on your leaving our employment we will request and you must provide details of any passwords used for business SMS accounts. Any employee or ex-employee found to have misappropriated our SMS accounts may face injunctive action against them as well as disciplinary action if they are still an employee.

PRACTICAL POINTS – QUICK GUIDE

Read and comply with the social media policy - it is there to encourage appropriate use of SMS.
Remember that your use of social media could damage the reputation of the business and others.
Understand that we monitor social media to ensure compliance with other policies within the business.
Be alert to viruses and spyware.
Remember that your use of social media can have commercial as well as employment liabilities and risks.
Remember to use SMS in the best interests of the business.
Use social media with good judgment and good intention. Be respectful, don’t be argumentative and consider the wider implications your comments may have on people with varying cultures and in different countries.

DON’T

Disclose confidential or proprietary information without consent from the appropriate owner/person.
Use another’s information without their consent in breach of Data Protection Rules.
Use SMS to harass other employees, customers, individuals, or companies or use SMS to post, tweet, re-tweet/comment or view information which is inappropriate, offensive, rude, defamatory, pornographic, harassing or bullying, of a racist nature or is in breach of our rules on equality and diversity.
Mix personal and business accounts.

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, Abbots House, Abbey Street, Reading, Berkshire, RG1 3BD, UK

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

Website: www.boyesturner.com

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