Why Files Worker Conduct and Social Media Rules
Purpose
Question Six, Inc and all of its affiliates and subsidiaries (“WF”) adopts these Worker Conduct and social media Rules (these “Rules”) to ensure good behavior, orderly operations and provide the best possible work environment for you while protecting WF’s business interests, confidential information, and privacy rights. WF expects employees and others who are engaged to provide services, such as temporary personnel, consultants and independent contractors (each, a “Worker” and collectively, “Workers”), to follow these Rules while on company premises, attending company functions, posting online, or otherwise performing work-related activity.
Confidential Information
You understand and acknowledge that during the course of your engagement with WF, you will have access to and learn about confidential, secret, and proprietary documents, materials, data, and other information, in tangible and intangible form, of and relating to the WF, its owners, its personnel, its businesses and existing and prospective clients, vendors, suppliers, investors and other associated third parties (“Confidential Information”). You further understand and acknowledge that this Confidential Information and WF’s ability to reserve it for the exclusive knowledge and use of WF is of great competitive importance and commercial value to WF, and that improper use or disclosure of the Confidential Information by you, directly or indirectly, will cause irreparable harm to WF, for which remedies at law will not be adequate and may also cause WF to incur financial costs, loss of business advantage, liability under confidentiality agreements with third parties, civil damages, and criminal penalties. For purposes of these Rules, Confidential Information includes, but is not limited to, all information not generally known to the public, in spoken, printed, electronic, or any other form or medium, relating directly or indirectly to: business processes, practices, methods, policies, plans, publications, documents, research, operations, marketing, payroll, personnel, finances or accounting, legal information, services, strategies, techniques, agreements, terms of agreements, transactions, potential transactions, negotiations, pending negotiations, know-how, trade secrets, work-in-process, databases, device configurations, embedded data, metadata, material, graphics, drawings, sketches, designs, models, ideas, audiovisual programs, inventions, original works of authorship, discoveries, specifications, and other nonpublic information of WF or its businesses or any existing or prospective customer, supplier, investor, or other associated third party, or of any other person or entity that has entrusted information to WF in confidence. You understand that the above list is not exhaustive, and that Confidential Information also includes other information that is marked or otherwise identified as confidential or proprietary, or that would otherwise appear to a reasonable person to be confidential or proprietary in the context and circumstances in which the information is known or used. You understand and agree that Confidential Information developed by you in the course of your engagement with WF shall be subject to the terms and conditions of these Rules as if WF furnished the same Confidential Information to you in the first instance. Confidential Information shall not include information that is generally available to and known by the public, provided that such disclosure to the public is through no direct or indirect fault of you or person(s) acting on your behalf.
No Expectation of Privacy
You acknowledge that there is no expectation of privacy when working on WF’s equipment (or on your equipment that contains WF information or property) or using WF’s servers (including e-mail services) or any of our other communication systems or databases. WF retains and possesses all rights to all data stored, produced, created, or mined on WF equipment or servers on your personal devices that WF has allowed you to use as part of your work duties.
Worker Conduct and Safety
WF is responsible for providing a safe and secure workplace and strives to ensure that all individuals associated with the company are treated respectfully and fairly. Though it is not possible to list all forms of behavior that are unacceptable in or outside the workplace, the following are examples of behavior that would be considered infractions of WF’s rules of conduct. Such behavior may result in disciplinary action, up to and including termination of employment. This list is not intended to be exhaustive:
Nothing in these Rules is intended to, nor should be construed to limit or interfere with your rights as set forth under all applicable provisions of the National Labor Relations Act, including Section 7 and 8(a)(1) rights to organize and engage in protected, concerted activities regarding the terms and conditions of employment.
Social Media Use
WF recognizes that the internet provides unique opportunities to participate in interactive discussions and share information on topics using a wide variety of social media, such as Facebook, LinkedIn, Twitter, Instagram, TikTok, Pinterest, Tumblr, blogs, and wikis. However, Workers’ use of social media can pose risks to WF’s confidential and proprietary information, reputation, and brands, can expose WF to discrimination, harassment claims, and loss of business opportunities, and can jeopardize WF’s compliance with business rules and laws.
Therefore, Workers are prohibited from using social media to:
Furthermore, the following terms apply when posting on social media:
Website Terms of Use
Do not expose yourself or WF to legal risk by using a social media site or any other website in violation of its terms of use. Review the terms of use of all sites you visit and ensure your use complies with them. If you are using social media as part of your job duties, pay particular attention to terms relating to:
Non-Disparagement; Morality
You shall not make negative, damaging or disparaging statements regarding WF, its affiliates, or any of their respective employees, contractors, representatives, partners, shareholders, directors, clients, its services or programs at any time (whether during or after your engagement with WF). During your engagement with WF, you shall not commit any act which is an offense involving moral turpitude, or which brings WF into disrepute, contempt, scandal or ridicule, or materially impairs your commercial value to WF, as determined in WF’s sole discretion. For avoidance of doubt, this Section is not intended to and shall not be interpreted to, in any way, restrict or impede you from exercising your protected rights to the extent that such rights cannot be waived by agreement (including these Rules) or from complying with any applicable law or regulation or a valid order of a court of competent jurisdiction or an authorized government agency, provided that such compliance does not exceed that required by the law, regulation, or order, and provided that, if you receive any such order, you will promptly, within three (3) calendar days, provide WF with written notice of the same.
Remedies
You acknowledge that your failure to adhere to these Rules will cause irreparable harm to the WF, for which remedies at law will not be adequate. In the event of a breach or threatened breach by you of any of the provisions of these Rules, you hereby consent and agree that WF shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that monetary damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages, or other available forms of relief.
Acknowledgment of Receipt and Review
You acknowledge that on the date set forth below, you received and read a copy of these Rules, understood them, and agree to comply with them. You understand that WF has the maximum discretion permitted by law to interpret, administer, change, modify, or delete this policy at any time with or without notice. No statement or representation by a supervisor or manager or any other Worker, whether oral or written, can supplement or modify this policy. Changes can only be made if approved in writing by the CEO of WF. You also understand that any delay or failure by WF to enforce any work policy or rule will not constitute a waiver of WF’s right to do so in the future. If the terms of these Rules conflict with another document between WF and you (e.g. employment agreement), the terms of these Rules shall control.
By:
Name:
Date: