12.1 Company Online Software Systems and Computers #

The Company provides access to many online software systems for associates. The Company does not provide actual computers for individuals to use, you must provide your own computer. When using any of the Company’s online software systems, the following rules apply:

 

• Systems are for Associates or employee use only.
• Only use systems during your allocated time slot.
• Do not leave personal files or information on these computer systems – they are not secure.
• For real estate related business use only: please don’t waste materials, or waste time on the computer systems to the detriment of others.
• Don’t send unsolicited junk or nuisance mail.
• Files and email may only be read by persons for whom they were not intended.
• Your use must be lawful, honest and decent, and must have regard to the rights and sensitivities of other people.
• Log off any online services when finished.
• All outside source software, disks, or data input sources must be checked for viruses and pre-approved by the Company before downloading, loading, or importation.
• Don’t store any personal information in electronic form about yourself or other people on these computer systems.
• Don’t delete, disable, or tamper with any software provided by the Company.
• Don’t tamper with the hardware or any network or power connections.
• Don’t connect your own equipment to the network except in approved locations provided for that purpose.
• It’s your responsibility to keep your passwords and usernames secure: never allow anyone else access to them.
• Never use anyone else’s account, with or without their permission.
• Make sure you log out when you finish using the computer systems.
• Transmission, deleting, exporting, or importing of any material or data in violation of any federal or state law or regulation is prohibited, including, but not limited to, copyrighted material, threatening, pornographic, or obscene material, or information constituting trade secrets.
• Any duplication of copyrighted software, except for backup purposes, is a violation of the Federal Copyright Law. Associates who are aware of any misuse of software on the information systems or in related documentation shall immediately notify the network administrator.

 

12.2 Computer Usage Policy #

 

1. Computers, computer systems, and business email accounts provided by the Company in the offices or otherwise generally are for business use only.

 

1. Agents and employees may use a Company computer for personal word-processing and Internet browsing only if no one else in the office needs the computer for business purposes. If someone needs the computer for a business reason, the person using it for personal tasks must stop and give the business user immediate access.

 

1. Personal data and files (including those created pursuant to section 2) may not be stored on Company computers or Company software systems.

 

1. Internet usage:
   1. Computers or software systems provided by the Company may be used for business-related Internet browsing (also called “surfing”).  Generally, agents and employees should not use Company computers for recreational or personal Internet browsing.
   2. The occasional use of Company computers for recreational or personal Internet browsing is permitted on the same conditions as the use of Company computers for personal purposes. (See sections 2 and 3 above.) 
   3. Under no circumstances may Company computers be used for browsing Web sites containing inappropriate content. Examples of inappropriate content include racial or ethnic “hate” content, content that is excessively violent, and sexually explicit content.
   4. Under no circumstances may Company computers be used for communications with or communication methods provided by Web sites containing inappropriate content. For examples of what content would be considered inappropriate, see section 4c above.  “Communications” and “communication methods” include any type of use of the computer to communicate; examples are “chat,” “chat rooms,” “instant messaging,” discussion groups and e-mail.

 

1. E-mail usage:

1. If an agent or employee maintains e-mail files on Company computers, those files are not considered private or confidential and may be reviewed by Company management at the Company’s discretion.
2. Agents and employees will provide, at the request of the Company, copies of any e-mail communications they possess regarding any client, customer, or transaction involving the Company or its sales associates on any computer including personal computers.
3. Agents and employees may not defame any person in any e-mail communication. 
4. Agents and employees may not use inappropriate language in any e-mail communication. “Inappropriate language” includes profanity, “hate” speech, and sexually explicit speech.
5. Agents and employees will be solely responsible for any contracts obligating them that were entered into via an e-mail communication.  If the Company becomes liable for a contract made by an agent or employee in an e-mail communication, the agent or employee will promptly reimburse the Company for the costs of the contract and/or the Company will have the right to deduct such costs from any pending commissions due the agent or salary due the employee.
6. All e-mail communications must conform to state and federal laws. (See the Company’s Commercial E-Mail Policy for more on the federal CAN-SPAM law, which regulates commercial e-mail.)

 

1. Any communications transmitted or communication methods used via an agent’s personal computer or a company computer must be appropriate and within all applicable local, state, and federal laws.  Under no circumstances may Company computers be used to communicate any type of inappropriate content or language.  (For examples of what would be considered inappropriate content and language, see sections 4c and 5d above. For the definition of “communications” and “communication methods,” see section 4d above.)

 

1. Agents and employees must obey all applicable laws and regulations in their business and personal use of Company computers; this includes use for e-mail and Internet browsing.  Applicable areas of the law include: copyright, trademark, defamation of character, libel, slander, fraud and misrepresentation.

 

1. Privacy:

1. Because the computer systems and communication systems (including all networking systems) are Company owned, all material, communications, information, and usage may be monitored and regulated by the Company in any way, method, or manner deemed necessary and appropriate.
2. No agent or employee shall retain, maintain, or own any rights to any information or communication stored on or routed through Company computers or their primary email address used for business.
3. No agent or employee shall have any privacy rights regarding any information accessed or created, communication transmitted, or activity conducted using Company computer systems or their business email accounts, regardless of the reason for the use.

12.3 Personal Computers #

Associates must bring personal computers and software to the office as appropriate to conduct your business. The Company will provide wired and secure wireless Internet access at the office. The Company is not responsible for any damage or loss of your personal computer or data on your personal computer.

12.4 Social Media #

Social media including, but not limited to, Facebook and Twitter can be instrumental to marketing and advertising property if used ethically and properly with the Company and client’s permission. Social media can conversely be detrimental to the Associates or Company’s reputation and a potential liability for slander and libel if used inappropriately.

Company Policy is to never: 

1. Libel or slander any customer, client, REALTOR®, or any person related to any of your business dealings.
2. Share any confidential information about the Company.
3. Share any confidential information about any customer or client.
4. Write, discuss, or share material facts that may affect the sale of any property.
5. Write, discuss, or share any details of any transactions with the Company.

12.5 Websites #

Associates are encouraged to have their own personal website if desired. All regulations of the DRE should be followed as to content and identification of the Company. A Company website utilizing the IDX system will be maintained in order to display the Company’s listings and participating Brokers’ listings to the public and to attract leads and new customers. The Company will create a website for each associate with an IDX on a sub domain of the Company’s main webpage to attract leads and new customers for that Associate.

12.6 Email #

An email address will be offered to you immediately upon your association with the Company at an additional cost. If you have a current Gmail account you may use that email address instead of a Company Gmail address. Any Associate who receives threatening, harassing, or improper communications shall immediately report the situation to the Company.

 

12.7 Commercial Email Policy #

 

It is the policy of the Company, to comply with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, more commonly known as the “CAN-SPAM Act of 2003” (the “Act”).  The Act does not ban commercial emails but rather outlines a series of practices that must be followed when sending them.  All agents and employees of The Company are required to comply with this policy.

 

1. Requirements for commercial email messages.  The Act defines “commercial electronic mail message” as “any electronic mail message for the primary purpose of which is the commercial advertisement or promotion of a commercial product or service.”   Commercial email messages must include the following:

 

1. A clear and conspicuous notice that the message is an advertisement or solicitation (unless the recipient has given prior consent to the sender to receive commercial emails).
2. A functioning e-mail address or other mechanism that allows the recipient to send a message requesting that the sender stop sending commercial e-mails to the recipient.
3. A clear and conspicuous notice of the recipient’s opportunity to opt-out of future messages.
4. A valid physical postal address for the sender. 

 

E-mails sent to individuals or firms with whom an agent or employee has an existing business relationship are not exempt under the Act and must contain the information listed above unless they are “transactional or relationship messages.” (See below for more on “transactional or relationship messages.”)

 

If a recipient makes a request to not receive commercial e-mail messages from the Company or its sales associates, the sender has 10 business days to stop sending commercial emails to them and may not sell or otherwise transfer the recipient’s email address to another party.  A recipient who has opted out may thereafter be contacted only if he or she subsequently gives the Company and its sales associate’s permission to send commercial emails. 

 

1. Exemptions.  The Act exempts from its requirements “transactional or relationship messages.”  For a real estate agent, a “transactional or relationship message” would be an email to a client addressing an ongoing transaction or related to the agent’s representation of the client.   For example, e-mails sent by a listing agent to a seller who has listed her home for sale or by an agent to a buyer client probably would be considered “transactional or relationship messages.”  On the other hand, emails that solicit sellers or buyers who are not presently Company clients probably would not be considered “transactional or relationship messages.”

12.8 Tech Equipment Insurance #

Each Associate should purchase coverage on their personal computer, printer, and other equipment and gadgets as deemed appropriate. Check with your insurance agent for more information.

Each Associate is responsible for acquiring and maintaining all software and hardware needed to provide professional real estate services, to include but not limited to, a computer, printer, computer faxing software, and C.A.R. forms software.

12.9 The World Wide Web #

Internet communications may not be secure. The Internet should not be used for communications that require confidentiality or involve financial transactions without both ensuring the security of the communication via an accepted mechanism and receiving written approval from your Manager for such communications.