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We Didn’t Say That!:
Minimizing Risk Via Social Media
            Policies




             January 27, 2012
    Todd Whiteman & Dave Tinker, CFRE
What We‟ll Go Over
 Define Social Media & Social Networking
 How Social Media Impacts Your Group
 What is a Social Media Policy
 What a Social Media Policy Looks Like
 What Types of Insurance Might Cover Social
  Media Use
 What You Can Do to Avoid Claims
 Online Resources
Definition
 What is Social Media?
 A group of applications that allow for user
  generated content
 What is Social Networking?
 Placing individuals into specific groups
  connected by a common interest
Statistics
   Social Media
        650 million people connect via mobile devices
        Social networking sites reach 1.2 billion people = 82% of people online
        1 in 5 minutes online is spent on social networking sites
   Facebook
        800 million active users
        1 in 7 minutes of all time spent online is on Facebook
        Average user connected to 80 groups, events, and community pages
        250 million photos uploaded daily
   Twitter
        300 million users worldwide
        155+ million tweets per day = 8.2 million pages of text

     Sources: comScore, Facebook, Pew Internet & American Life Project, Wikipedia, Twitter, Wall Street Journal
Why You Need One
 Use by employees, volunteers, consultants, and
  people you serve
 Impact on marketing and brand, fundraising, and
  awareness
       e.g. Pittsburgh Gives and Westmoreland Gives
 NPOs of all sizes need a policy
 Avoid Claims
What is a Social Media Policy?
   What it is:
       It sets expectations and boundaries
       Operational guidelines for people who use social
        media in their job


   What it is not:
       Static
Components of Social Media Policy
   Define social media
   Identify that you have concerns and interests
   Tell people what to avoid
   Remind people to protect privacy
   State how it‟s related to other agency policies
   Logos, photos, videos
   „Friending‟ clients, co-workers
   How to engage others
Don‟t Have One?
 Can    lead to
     Leaks
     Badmouthing
     Someone else speaking on your behalf
 Fear   Not…It‟s Not Too Late
Social Media Policy Guidelines
   In 2010 AFP International crafted guidelines for
    members of
       AFP
       ASAE
       NTEN and
       The DMA, Nonprofit Federation
   Results were released in late 2010
       http://is.gd/yGv43r
Protect Your Organization
   There are ways to protect your organization
    before and after a situation arises -
       Before:
            Employee Handbook
            Internet Usage Policy
            Employee Communication Policy
            Social Media Policy
       After:
            Insurance Coverage (General Liability, Professional Liability,
             Directors & Officers, Employment Practices, Internet Liability
            Damage Control
Handbooks And Training
 Employee Handbooks can include policies and
  procedures for Internet Usage, Employee
  Communication and Online Social Media.
 They can be tailored specifically for your
  organizations operations and exposures and can
  also include volunteers.
 Training is equally important!
Insurance Policies
   General Liability
       Most organizations have this coverage and believe it
        will cover everything and anything.
       Provides coverage for claims for Bodily Injury and
        Property Damage and excludes the organizations
        professional liability and claims for financial injury.
       Personal Injury provides coverage for libel and
        slander.
            By endorsement you can purchase
             coverage for claims resulting from
             postings on blogs, websites and email.
Insurance Policies
   Directors and Officers
       This is a step in the right direction which provides
        coverage to the organization, it‟s Directors and
        Officers and it‟s Employees.
       Coverage is for claims brought based on poor
        decisions or no decisions that lead to a claim that
        may or may not have been covered.
       Employment Practices can be added which covers
        acts against employees and can be extended to your
        clients.
            Your organization is just as vulnerable to internal claims as it
             is to external claims! An employee sending an inappropriate
             internal email or viewing an inappropriate website can be the
             trigger.
Insurance Policies
   Professional Liability
       This is typically coverage for your “profession” which
        could be performing arts, child care, community
        action etc…and is for your mistakes, not your
        intentional actions.
            Example – Your organization provides housing for individuals
             with disabilities:
               #1 A client wanders from the home and is injured – is there
                coverage?
                   YES - Your job is to protect that individual.
               #2 You post on your blog that the person (by name) has been
                nothing but trouble and deserved it. – is there coverage
                   NO - The suit brought is that you named that person and
                    slandered them causing them and their family emotional
                    injury.
Insurance Policies
   Internet Liability and Social Media Coverage
       This coverage was specifically designed to cover
        Social Media, Your Website, 3rd Party Websites and
        Email Communications
            Claim Examples:
               Posting of picture without authority
               Employee postings on your website, Facebook or 3rd party sites
               Volunteer badmouthing a competing
                organization
               Distribution of internal email to outside
                parties
               Theft of money or data from your website
                and computer system.
Management
   Your organization and individual duties
       Who makes changes and determines appropriate
        content?

            Depending on your size and structure it may be the
             Executive Director, Development Staff, Consultant or IT.

            Does your board or a committee have any input?

            Have you presented guidelines to your staff?
Who can make claims against you?
 Your current employees and past employees.
 Your clients / constituents
 Your competitors
 Your partners
 Your vendors
 Your funders and donors
 Your volunteers
 Your members
 The general public
Online Tools to Help You
   AFP Social Media Guidelines- http://is.gd/yGv43r

   Beth Kanter‟s list – http://is.gd/tSujQv

   PolicyTool - http://socialmedia.policytool.net/

   Social Media Policy Samples -
    http://socialmediagovernance.com/policies.php
Contact Information
Todd Whiteman
Vice President, Property / Casualty
Enscoe Long Insurance Group, LLC
412-206-0364
twhiteman@enscoelong.com
www.enscoelong.com

Dave Tinker, CFRE
Director of Development
ACHIEVA
412-995-5000 x 436
dtinker@achieva.info
www.about.me/davethecfre
Example: Red Cross Rogue Tweet
AN EMPLOYEE WITH ACCESS TO THE @REDCROSS TWITTER ACCOUNT ACCIDENTALLY POSTED
ABOUT THEIR NIGHT OF DRINKING DOGFISH HEAD MIDAS TOUCH AND TAGGED THE MESSAGE
#GETTNGSLIZZERD.

TOOLS FOR MANAGING MULTIPLE TWITTER ACCOUNTS AND SMARTPHONES THAT HANDLE
TWITTER MESSAGING ALONGSIDE TEXT MESSAGING HAVE MADE SUCH MISTAKES EASIER
THAN EVER BEFORE. THE RED CROSS MESSAGE WAS INITIALLY VISIBLE TO NEARLY 270,000
FOLLOWERS SUBSCRIBING TO THAT ACCOUNT BUT DOZENS HUNDREDS OF RE-TWEETS (WHEN
THE SAME MESSAGE IS RE-SENT FROM ANOTHER PERSON) AND TWEETS ABOUT HIS POST
HAVE PUT THAT NUMBER WELL INTO THE MILLIONS.

IN A SLIGHT TINGE OF IRONY, EARLIER IN THE DAY, THE BREWERS ASSOCIATION RELEASED A
PRESS RELEASE ABOUT ITS SAVOR EVENT COMING IN JUNE; ONE OF THE MAIN GOALS OF THE
EVENT IS TO RAISE THE IMAGE OF BEER TO BE EQUAL TO THAT OF WINE, A DIFFICULT TASK
GIVEN THE BARRAGE OF BEER ADVERTISEMENTS FEATURING LOWBROW HUMOR. ON THE
OTHER HAND, IT‟S A NICE BIT OF PUBLICITY FOR DOGFISH HEAD THOUGH THE BREWERY,
GROWING AS RAPIDLY AS IT IS, DOESN‟T NEED IT.

RED CROSS LATER DELETED THE TWEET AND REPLACED IT WITH A NEW ONE THAT READS,
“WE‟VE DELETED THE ROGUE TWEET BUT REST ASSURED THE RED CROSS IS SOBER AND
WE‟VE CONFISCATED THE KEYS.” AT LEAST THEY HAVE A SENSE OF HUMOR ABOUT THE
MATTER.
WE‟LL SEE IF THEY DO IN THE MORNING BEHIND CLOSED DOORS. THE RED CROSS PR HEAD SAYS THAT HUANG WILL NOT
BE FIRED OVER THE INCIDENT.
Example: Chrysler Consultant Tweet
Someone with access to the official Chrysler Twitter account, @ChryslerAutos, dropped an F-bomb on its more
than 7,500 followers earlier today.


“I find it ironic that Detroit is known as the #motorcity and yet no one here knows how to f*****g drive,” reads a
retweet of the slipup.


The actual tweet has been deleted from the account, and the company quickly tweeted an apology, saying that
its account had been compromised.


Jalopnik, which originally noted the mishap, reported that people familiar with the Chrysler media organization
said the source of the tweet is likely an employee of the social media company that runs Chrysler‟s Twitter
account.

Like a tweet from the Red Cross last month that spawned #gettngslizzerd, Chrysler‟s tweet seems to be the
result of an employee confusing personal and brand accounts. Bad taste on Twitter can‟t always be prevented
(cough, Kenneth Cole), but please, brand Twitter account managers of the world, double-check your tweets.


Update: Chrysler confirmed in a blog post that the off-color tweet came from an employee of its social media
agency, New Media Strategies. The employee, according to the post, “has since been terminated.” Meanwhile,
the @ChryslerAutos account has actually gained Twitter followers since we first reported the incident.
Nonprofit Organization Settles Trademark
  Lawsuit: Little House on the Prairie
Earlier this week, Friendly Family Productions, LLC, the company that produced the television series Little House on the Prairie
settled its lawsuit against a nonprofit corporation that operates a small museum outside Independence, Kansas.

The museum is located at the site of the original house that Laura Ingalls Wilder wrote about in her book of the same title.
Friendly Family Productions alleged that the museum infringed the trademark LITTLE HOUSE ON THE PRAIRIE. According to
complaint filed in U.S. District Court in Los Angeles, the predecessor to Friendly Family Productions acquired rights to that
trademark from the author's descendants in 1974.

What got Friendly Family Productions all riled up (to use a term that Ms. Wilder would have been comfortable with) was the use of
the trademark on merchandise that the museum sold, including the merchandise that it sold through a website with the domain
name www.littlehouseontheprairie.com. Friendly Family Productions acknowledged that it had no quarrel with the museum using
the words "little house on the prairie" to describe the homesite or the museum, because a purely descriptive use like that does not
infringe a trademark. On the other hand, Friendly Family Productions had considerable quarrel with the museum putting those
words on merchandise (caps, T-shirts, magnets, note cards, key chains, and other items typical of promotional merchandise) and
selling them over the internet. Friendly Family Productions claimed that the use of those words implied that the merchandise
came from the owner of the trademark, when it did not. That is, in a nutshell, the reason trademarks exist -- to identify the source
of the goods that bear the mark.

According to an article in the Wichita Eagle and other sources, Friendly Family Productions originally offered to pay the museum
$40,000 if it would stop using the trademark. The museum refused the offer, choosing instead to fight the lawsuit. The terms of the
settlement agreement are confidential, but we know that the nonprofit corporation has changed its name from Little House on the
Prairie, Inc. to the more descriptive Little House on the Prairie Museum, Inc., and www.littlehouseontheprairie.com is no longer
active.

There's no way to know how much the two-year litigation cost the parties.

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We Didn't Say That! - Minimizing Risk Via Social Media Policies

  • 1. We Didn’t Say That!: Minimizing Risk Via Social Media Policies January 27, 2012 Todd Whiteman & Dave Tinker, CFRE
  • 2. What We‟ll Go Over  Define Social Media & Social Networking  How Social Media Impacts Your Group  What is a Social Media Policy  What a Social Media Policy Looks Like  What Types of Insurance Might Cover Social Media Use  What You Can Do to Avoid Claims  Online Resources
  • 3. Definition  What is Social Media?  A group of applications that allow for user generated content  What is Social Networking?  Placing individuals into specific groups connected by a common interest
  • 4. Statistics  Social Media  650 million people connect via mobile devices  Social networking sites reach 1.2 billion people = 82% of people online  1 in 5 minutes online is spent on social networking sites  Facebook  800 million active users  1 in 7 minutes of all time spent online is on Facebook  Average user connected to 80 groups, events, and community pages  250 million photos uploaded daily  Twitter  300 million users worldwide  155+ million tweets per day = 8.2 million pages of text Sources: comScore, Facebook, Pew Internet & American Life Project, Wikipedia, Twitter, Wall Street Journal
  • 5. Why You Need One  Use by employees, volunteers, consultants, and people you serve  Impact on marketing and brand, fundraising, and awareness  e.g. Pittsburgh Gives and Westmoreland Gives  NPOs of all sizes need a policy  Avoid Claims
  • 6. What is a Social Media Policy?  What it is:  It sets expectations and boundaries  Operational guidelines for people who use social media in their job  What it is not:  Static
  • 7. Components of Social Media Policy  Define social media  Identify that you have concerns and interests  Tell people what to avoid  Remind people to protect privacy  State how it‟s related to other agency policies  Logos, photos, videos  „Friending‟ clients, co-workers  How to engage others
  • 8. Don‟t Have One?  Can lead to  Leaks  Badmouthing  Someone else speaking on your behalf  Fear Not…It‟s Not Too Late
  • 9. Social Media Policy Guidelines  In 2010 AFP International crafted guidelines for members of  AFP  ASAE  NTEN and  The DMA, Nonprofit Federation  Results were released in late 2010  http://is.gd/yGv43r
  • 10. Protect Your Organization  There are ways to protect your organization before and after a situation arises -  Before:  Employee Handbook  Internet Usage Policy  Employee Communication Policy  Social Media Policy  After:  Insurance Coverage (General Liability, Professional Liability, Directors & Officers, Employment Practices, Internet Liability  Damage Control
  • 11. Handbooks And Training  Employee Handbooks can include policies and procedures for Internet Usage, Employee Communication and Online Social Media.  They can be tailored specifically for your organizations operations and exposures and can also include volunteers.  Training is equally important!
  • 12. Insurance Policies  General Liability  Most organizations have this coverage and believe it will cover everything and anything.  Provides coverage for claims for Bodily Injury and Property Damage and excludes the organizations professional liability and claims for financial injury.  Personal Injury provides coverage for libel and slander.  By endorsement you can purchase coverage for claims resulting from postings on blogs, websites and email.
  • 13. Insurance Policies  Directors and Officers  This is a step in the right direction which provides coverage to the organization, it‟s Directors and Officers and it‟s Employees.  Coverage is for claims brought based on poor decisions or no decisions that lead to a claim that may or may not have been covered.  Employment Practices can be added which covers acts against employees and can be extended to your clients.  Your organization is just as vulnerable to internal claims as it is to external claims! An employee sending an inappropriate internal email or viewing an inappropriate website can be the trigger.
  • 14. Insurance Policies  Professional Liability  This is typically coverage for your “profession” which could be performing arts, child care, community action etc…and is for your mistakes, not your intentional actions.  Example – Your organization provides housing for individuals with disabilities:  #1 A client wanders from the home and is injured – is there coverage?  YES - Your job is to protect that individual.  #2 You post on your blog that the person (by name) has been nothing but trouble and deserved it. – is there coverage  NO - The suit brought is that you named that person and slandered them causing them and their family emotional injury.
  • 15. Insurance Policies  Internet Liability and Social Media Coverage  This coverage was specifically designed to cover Social Media, Your Website, 3rd Party Websites and Email Communications  Claim Examples:  Posting of picture without authority  Employee postings on your website, Facebook or 3rd party sites  Volunteer badmouthing a competing organization  Distribution of internal email to outside parties  Theft of money or data from your website and computer system.
  • 16. Management  Your organization and individual duties  Who makes changes and determines appropriate content?  Depending on your size and structure it may be the Executive Director, Development Staff, Consultant or IT.  Does your board or a committee have any input?  Have you presented guidelines to your staff?
  • 17. Who can make claims against you?  Your current employees and past employees.  Your clients / constituents  Your competitors  Your partners  Your vendors  Your funders and donors  Your volunteers  Your members  The general public
  • 18. Online Tools to Help You  AFP Social Media Guidelines- http://is.gd/yGv43r  Beth Kanter‟s list – http://is.gd/tSujQv  PolicyTool - http://socialmedia.policytool.net/  Social Media Policy Samples - http://socialmediagovernance.com/policies.php
  • 19. Contact Information Todd Whiteman Vice President, Property / Casualty Enscoe Long Insurance Group, LLC 412-206-0364 twhiteman@enscoelong.com www.enscoelong.com Dave Tinker, CFRE Director of Development ACHIEVA 412-995-5000 x 436 dtinker@achieva.info www.about.me/davethecfre
  • 20. Example: Red Cross Rogue Tweet AN EMPLOYEE WITH ACCESS TO THE @REDCROSS TWITTER ACCOUNT ACCIDENTALLY POSTED ABOUT THEIR NIGHT OF DRINKING DOGFISH HEAD MIDAS TOUCH AND TAGGED THE MESSAGE #GETTNGSLIZZERD. TOOLS FOR MANAGING MULTIPLE TWITTER ACCOUNTS AND SMARTPHONES THAT HANDLE TWITTER MESSAGING ALONGSIDE TEXT MESSAGING HAVE MADE SUCH MISTAKES EASIER THAN EVER BEFORE. THE RED CROSS MESSAGE WAS INITIALLY VISIBLE TO NEARLY 270,000 FOLLOWERS SUBSCRIBING TO THAT ACCOUNT BUT DOZENS HUNDREDS OF RE-TWEETS (WHEN THE SAME MESSAGE IS RE-SENT FROM ANOTHER PERSON) AND TWEETS ABOUT HIS POST HAVE PUT THAT NUMBER WELL INTO THE MILLIONS. IN A SLIGHT TINGE OF IRONY, EARLIER IN THE DAY, THE BREWERS ASSOCIATION RELEASED A PRESS RELEASE ABOUT ITS SAVOR EVENT COMING IN JUNE; ONE OF THE MAIN GOALS OF THE EVENT IS TO RAISE THE IMAGE OF BEER TO BE EQUAL TO THAT OF WINE, A DIFFICULT TASK GIVEN THE BARRAGE OF BEER ADVERTISEMENTS FEATURING LOWBROW HUMOR. ON THE OTHER HAND, IT‟S A NICE BIT OF PUBLICITY FOR DOGFISH HEAD THOUGH THE BREWERY, GROWING AS RAPIDLY AS IT IS, DOESN‟T NEED IT. RED CROSS LATER DELETED THE TWEET AND REPLACED IT WITH A NEW ONE THAT READS, “WE‟VE DELETED THE ROGUE TWEET BUT REST ASSURED THE RED CROSS IS SOBER AND WE‟VE CONFISCATED THE KEYS.” AT LEAST THEY HAVE A SENSE OF HUMOR ABOUT THE MATTER. WE‟LL SEE IF THEY DO IN THE MORNING BEHIND CLOSED DOORS. THE RED CROSS PR HEAD SAYS THAT HUANG WILL NOT BE FIRED OVER THE INCIDENT.
  • 21. Example: Chrysler Consultant Tweet Someone with access to the official Chrysler Twitter account, @ChryslerAutos, dropped an F-bomb on its more than 7,500 followers earlier today. “I find it ironic that Detroit is known as the #motorcity and yet no one here knows how to f*****g drive,” reads a retweet of the slipup. The actual tweet has been deleted from the account, and the company quickly tweeted an apology, saying that its account had been compromised. Jalopnik, which originally noted the mishap, reported that people familiar with the Chrysler media organization said the source of the tweet is likely an employee of the social media company that runs Chrysler‟s Twitter account. Like a tweet from the Red Cross last month that spawned #gettngslizzerd, Chrysler‟s tweet seems to be the result of an employee confusing personal and brand accounts. Bad taste on Twitter can‟t always be prevented (cough, Kenneth Cole), but please, brand Twitter account managers of the world, double-check your tweets. Update: Chrysler confirmed in a blog post that the off-color tweet came from an employee of its social media agency, New Media Strategies. The employee, according to the post, “has since been terminated.” Meanwhile, the @ChryslerAutos account has actually gained Twitter followers since we first reported the incident.
  • 22. Nonprofit Organization Settles Trademark Lawsuit: Little House on the Prairie Earlier this week, Friendly Family Productions, LLC, the company that produced the television series Little House on the Prairie settled its lawsuit against a nonprofit corporation that operates a small museum outside Independence, Kansas. The museum is located at the site of the original house that Laura Ingalls Wilder wrote about in her book of the same title. Friendly Family Productions alleged that the museum infringed the trademark LITTLE HOUSE ON THE PRAIRIE. According to complaint filed in U.S. District Court in Los Angeles, the predecessor to Friendly Family Productions acquired rights to that trademark from the author's descendants in 1974. What got Friendly Family Productions all riled up (to use a term that Ms. Wilder would have been comfortable with) was the use of the trademark on merchandise that the museum sold, including the merchandise that it sold through a website with the domain name www.littlehouseontheprairie.com. Friendly Family Productions acknowledged that it had no quarrel with the museum using the words "little house on the prairie" to describe the homesite or the museum, because a purely descriptive use like that does not infringe a trademark. On the other hand, Friendly Family Productions had considerable quarrel with the museum putting those words on merchandise (caps, T-shirts, magnets, note cards, key chains, and other items typical of promotional merchandise) and selling them over the internet. Friendly Family Productions claimed that the use of those words implied that the merchandise came from the owner of the trademark, when it did not. That is, in a nutshell, the reason trademarks exist -- to identify the source of the goods that bear the mark. According to an article in the Wichita Eagle and other sources, Friendly Family Productions originally offered to pay the museum $40,000 if it would stop using the trademark. The museum refused the offer, choosing instead to fight the lawsuit. The terms of the settlement agreement are confidential, but we know that the nonprofit corporation has changed its name from Little House on the Prairie, Inc. to the more descriptive Little House on the Prairie Museum, Inc., and www.littlehouseontheprairie.com is no longer active. There's no way to know how much the two-year litigation cost the parties.