ELECTRONIC SYSTEMS POLICY
The purpose of this Electronic Systems Policy is to ensure the use of the computer and telecommunications resources and services of Xclusive Staffing (the “Company”) by its employees, independent contractors and other systems users. All systems users have the responsibility to use the Company’s computer resources in a professional, ethical and lawful manner. The following policies, rules and conditions apply to all users of computer and telecommunications resources and services, wherever they are located within the Company. Violations of this Policy may result in disciplinary action, including possible termination of employment, legal action and criminal liability. The term “Users”, as used in this Policy, refers to all employees, independent contractors and other persons or entities accessing or using the Company’s computer and telecommunications resources and services.
The use of the Company’s electronic systems, including computers, servers, laptops, fax machines, cell phones, software, 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, 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:
Important exception: consistent with federal law, employees may use the Company’s electronic systems in order to discuss with other employees the terms and conditions of your and your coworkers’ employment. However, any such discussions should take place during non-duty times and should not interfere with your or your coworkers assigned duties. You must comply with a coworker’s stated request to be left out of such discussions.
Using Company electronic systems to access, create, view, transmit, or receive racist, sexually explicit, obscene, defamatory, 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 User 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. The Company may comply, at its discretion, with all requests from law enforcement and regulatory agencies for logs, diaries, archives, or files on individual Internet activities, e-mail use, and/or computer use.
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 of the Internet and of computer equipment used to create, view, or access e-mail and Internet content. All Users 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 User may access another User’s computer, computer files, or electronic mail messages without prior authorization from either the User or an appropriate Company official.
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, all Users 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, all persons 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 hereby waive whatever right they may have to assert such confidentiality or privilege from disclosure. Users 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 User may create, use, or distribute copies of such software that are not in compliance with the license agreements for the software.
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 User to access electronic mail and computer systems files to satisfy curiosity about the affairs of others, unless such access is directly related to that User’s duties.
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, without the sender’s consent.
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.
Users are individually liable for any and all damages incurred as a result of violating company security Users, copyright, and licensing agreements.
All Company policies and procedures apply to Users’ 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 in the workplace of any type of camera phone, cell phone camera, digital camera, video camera, or other form of recording device to record the image or other personal information of another person. Employees may take pictures and make recordings during non-working time in a way that does not violate civil or criminal statutes. The Company reserves the right to report any illegal use of such devices to appropriate law enforcement authorities.
Communications with Attorneys
Electronic communications from or to in-house counsel or any attorney representing the Company, must include a header identifying the message as an attorney-client privileged communication.
Responsibility for Passwords
Users are responsible for safeguarding their passwords on all Company systems. Individual passwords should not be printed, stored online or given to others. Users are responsible for all transactions made using their passwords. No User may access the Company’s systems using another User’s password or account nor may Users disguise their identities while using the Company’s systems.
Policy Statement for cell phone (s)
All employees are required to be professional and conscientious at all times when using Company phones. Cell phones issued by the Company are Company property. Employees must comply with Company requests to make their Company-issued cell phones available for any reason, including upgrades, replacement, or inspection. Employees who leave the Company for any reason must return in their Company-issued cell phones.
The Company has a zero-tolerance policy regarding using a cell phone while driving. For the safety of our employees and others it is imperative that you pull over and stop at a safe location to dial, receive or converse on the cell phone in any way.
Employees are responsible for the security of Company-issued cell phones and the information stored on them. Always carry it with you; never leave the cell phone unattended. If lost or stolen, you must immediately notify the same to the Company.
Cell phones shall be turned off or set to silent/vibrate mode during meetings, conferences and trainings. Employees are instructed to step out to make a call/take a call or to send/read a text message.
Effect of Policy
Violation of this policy shall result in disciplinary action, up to and possibly including immediate termination of employment. In addition, users may face both civil and criminal liability from the Company, from law enforcement officials, or from individuals whose rights are harmed by the violation. If you are aware of any possible deviation from this Policy you should immediately call 1-855-335-2223. If you have not received a satisfactory response within ten (10) business days after reporting your concern, please immediately contact the Chief Compliance Officer, Christian Lebron, 303-430-1700, ext. 797.
The Company is not responsible for the actions of individual Users using the equipment and resources that are the subject of this Policy. Further, the Company is not responsible for material viewed or downloaded by Users from the internet. Users are cautioned that the internet is a worldwide network of computers that may contain offensive, sexually explicit and other inappropriate materials.
This Policy may be amended or revised from time to time as the need arises in the Company’s sole discretion.