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Editor's Note: Many employers are updating policies and procedures in response to the Covid-19 pandemic—for instance, allowing all or part of their workforce to telework in order to slow the spread of coronavirus. It's important that employers regularly communicate to their employees the fundamentals of the organization's policies regarding use of mobile devices. The company may issue guidance on out-of-pocket expenses that will be reimbursed when incurred while working from home. Employers may take the opportunity when a larger-than-normal percentage of the workforce is working from home to update or adopt a personal use policy.
Adapted from Corporate Practice Portfolio Series No. 103A, Corporate Compliance: Practice Tools for Your Program, by Suzanne Rich Folsom, Senior Vice President and General Counsel, Philip Morris International Inc., et al.
This Policy governs the use of all Company Devices and the use of Personal Devices on Company property. All employees, contractors and other individuals using Company Devices or using a Personal Device on Company property shall comply with this Policy.
Company Account means any account with a cellular carrier for any Company Device.
Company Device means any Mobile Communication Device owned by the Company.
Company Device User means any employee, contractor or other individual who uses a Company Device.
Helpdesk means the Company technical support center for all Company Accounts and Company Devices.
Mobile Communication Device means all mobile communication technologies, including, but not limited to, cellular telephones (including those with only basic voice capabilities and those with additional capabilities, such as web browsing or email access), tablets (large-screen devices not intended for voice communication) and data broadband cards (adapters used to connect to a wireless network or create a mobile private network).
Personal Device means any Mobile Communication Device that is not a Company Device.
Company supervisors shall:
Determine who is eligible to receive a Company Device within their areas of responsibility. Eligibility shall be determined primarily based on the following criteria:
• work responsibilities that require individuals to be away from their assigned location for a significant amount of time;
• individuals who are “on call’;
• individuals expected to respond outside of normal working hours.
Supervisor approval is required prior to issuing a Company Device.
Ensure compliance with this Policy by all employees, contractors and other individuals within their areas of responsibility.
Comment: Training must address password use and security, secure travel procedures when carrying Company devices and types of data security threats that employees may be exposed to (e.g., suspicious e-mails, phishing and social engineering).
Return all Company Devices when a Company Device User within their areas of responsibility leaves the Company or no longer requires the Company Device.
All employees, contractors and other individuals using a Company Device or a Personal Device on Company property must use their Mobile Communication Device in a safe and responsible manner, in accordance with local, state and federal laws, as well as any rules applicable to specific Company locations.
All Company Devices offering voice services are configured for 9-1-1 emergency use. Company Device Users should use this function only in the event of an emergency. Once connected with emergency services personnel, Company Device Users should follow the instructions of the emergency services personnel.
Company Devices shall be used primarily for business purposes. Incidental personal use should be limited.
Comment: Incidental personal use may be permitted only with prior written approval from proper management.
Company Device Users have no expectation of privacy while using Company Devices. All information stored on or transmitted through a Company Device may be accessed by Company at any time without prior notification.
Company Device Users shall comply with all instructions from the Helpdesk pertaining to assigned Company Devices, such as instructions to enable or disable certain features or instructions to update the operating system. Any Company Device User who has trouble complying with Helpdesk instructions should request further assistance. Company Device Users shall not “jailbreak” any Company Device.
All Company Devices are to be used by the assigned Company Device User only. Company Device Users are prohibited from loaning their Company Device to anyone. If a Company Device is shared by multiple users as part of an “on call” rotation, the relevant supervisor will be responsible for proper use of the Company Device.
Comment: Directors, officers, employees and contractors are prohibited from sharing their passwords. The obligation to protect the assets of the Company includes its proprietary information. The policy should include clear, direct references to specifically relevant categories of proprietary information for the company's operations, including trade secrets; copyright; trademarks; patents; lists of customers; data and databases; codes; programs, methods, processes and procedures related to development and application of the company's products; market research; marketing; engineering and manufacturing ideas; records, financial information and projections; salary information; the company's contractual agreements with vendors and other third parties; and any other commercially sensitive information.
All Company Devices and associated phone numbers are the property of Company. Company Device phone numbers will not generally be released to a Company Device User when he or she no longer requires the Company Device. Any exceptions must be approved by the Company Device User's immediate supervisor and the Helpdesk.
Company Device Users shall not purchase, download or install any application to a Company Device in violation of any Company policy or procedure. Non-business-related applications on Company Devices will not be supported by Company and are subject to removal at any time.
Comment: Company policy should prohibit using the company's resources, including mobile devices, to create, access, store or transmit pornographic, hostile, discriminatory, offensive or other inappropriate material and the use of unauthorized, unlicensed or unapproved software, data and other third-party proprietary materials.
Company Device Users shall not install or subscribe to fee-based services or application on any Company Device unless the service is primarily for business purposes and the Company Device User has obtained prior approval from his or her supervisor.
Company reserves the right to disable and prevent a Company Device from connecting to a Company server if the Company Device User is in violation of Company polices or procedures, such as by not complying with a request to update the Company Device's operating system or by attempting a “jailbreak.” In such a case, the Company Device User will be notified of noncompliance and the required corrective actions via email. The Company may take additional actions, including deactivating the Company Device, if the noncompliance is not corrected in a timely manner.
Company Device Users who experience problems with a Company Device must promptly report them to the Helpdesk.
Cellular telephone carriers who provide Company Devices will not add features or plans or upgrade a Company Device unless instructed to do so by an authorized Company representative.
The Company supports only Company Accounts and Company Devices.
Where available, Company Device Users may connect Company Devices to wireless networks, but wireless network settings may prevent the synchronization of Company email, contacts or calendar.
Company Device Users are responsible for protecting Company Devices assigned to them and must take reasonable precautions to prevent loss, theft or damage.
Company Device Users must immediately notify the Helpdesk if a Company Device is lost or stolen.
Supervisor approval is required to replace a lost, damaged or stolen Company Device.