Social Media Policy and Guidelines

Transcription

1 Social Media Policy and Guidelines This document governs the publication of and commentary on social media by REALTORS who are members of the North Bay Association of REALTORS (NorBAR), NAR and C.A.R. For the purposes of this policy, social media means any facility for online publication and commentary, including, but without limitation to, blogs, wiki s, social networking sites such as Facebook, LinkedIn, Twitter, Flickr, and YouTube. This policy is in addition to and complements any existing or future policies regarding the use of technology, computers, and the internet. All uses of social media must follow the same ethical standard that REALTORS are otherwise required follow.

2 Table of Contents On-Line Usage Policies for NorBAR Members NAR Policy - Use of Social Media in the Real Estate Business Basic Practices for Good Social Media Skills Potential Legal Liabilities and MLS Violations When Using Social Media Social Media Tips Other Sources of Information Social Media Policy & Guidelines

3 On-Line Usage Policies for NorBAR Social Media Outlets The official NorBAR social media outlets are for the dissemination of association information for the benefit of our members. NorBAR social media outlets are defined as all association and chapter websites, Facebook pages, twitter accounts, YouTube, Constant Contact accounts and other social media outlets used under the banner of the association. Members are encouraged to interact with the association through these outlets. We welcome suggestions for improving and enhancing the association. When commenting or posting to any of the official NorBAR social media outlets, members should adhere to the following criteria: Don t say anything contradictory to or in conflict with NorBAR policy. This includes all information on the NorBAR website, chapter websites, all association Facebook pages, Twitter, YouTube or any other social media outlet. Anonymous postings by members on topics relating to REALTOR associations including NorBAR, any real estate brokerage or the real estate business are strictly prohibited. Any demeaning, defamatory or degrading comments are strictly prohibited. Any personal promotion or advertising is strictly prohibited. Any confidential information is strictly prohibited. Postings shall conform to the NAR Code of Ethics and the NAR Social Media Policy which follows below. NAR Policy - Use of Social Media in the Real Estate Business The purpose of this section is to provide brokers with a template that may be used when developing a social media policy for the broker s own firm. The template requires that it be customized to meet the needs of the broker and reflect the business practices of his/her business. The template is not a document which can be adopted and used without that customization. As used in this policy REALTOR shall refer to the principal broker or a broker standing in the shoes of the principal broker. Agent shall mean a licensed real estate agent employed by or affiliated with the REALTOR. Users shall mean individuals visiting the social media sites of Agents. Social Media as used in this policy shall apply to both activities at the agent s web sites (e.g., blogging) and use of third party social media tools (e.g., Facebook, Twitter, LinkedIn, etc.). Because there already exist hundreds of different Social Media tools which may be utilized by agents and more are constantly being created, the provisions of this policy are to be interpreted generally to apply to the types of interaction the agent has with the social media service rather than to specific web sites and providers. Notwithstanding anything Social Media Policy & Guidelines

4 in this policy, it remains the responsibility of the Agent to comply with the requirements of local, state and federal law and the Code of Ethics of the National Association of REALTORS. The scope of this policy shall extend to all uses of social media in connection with the real estate business (use in connection with the real estate business would include any use in which the agent seeks to promote or capture real estate business from consumers or other agents). This policy is not intended to cover the activities of Agents falling completely outside the real estate business; however any conduct which reflects adversely upon broker or the brokerage may be reviewed under the terms of this policy. Whenever identification is required by this policy is shall include the following (include those that apply): a. Name/Logo of brokerage b. Name of broker c. Address of the brokerage office with which the agent is affiliated d. Phone/Fax/E mail of the brokerage office e. Name of the agent responsible for the web site f. State of licensure/ca license number g. Agents affiliated with a team may also include the name of that team h. Phone/Fax/E mail of agent or team responsible for the web site i. Any other requirements mandated by state law/regulation j. Any additional brokerage identification requirements Blogging 1. Agent shall be responsible for compliance with all laws and regulations governing real estate business including fair housing, antitrust and real estate license laws and regulations. a. Where identification is required the same items of identification listed in the Internet policy shall apply or b. Where identification is required, at a minimum the following elements shall be disclosed (see list above to select) 2. The Agent shall be responsible for informing the REALTOR (and obtaining approval) of any blogging site maintained by Agent and shall be provided with information necessary to subscribe to the blog. Social Media Policy & Guidelines

5 3. Terms of Use a. REALTOR is responsible for establishing the process for governance of the blog by posting terms of use for the blog. i. Agent shall use the terms of use of the brokerage for blogs; or ii. Agent shall create terms of use and allow them to be reviewed by broker prior to launch of the blog iii. Agent shall make the terms of use available to REALTOR upon request. b. The terms of use shall include: i. Users shall abide by any legal requirements related to the use of the blog and the site s terms of use for the blog including specifically its privacy policy. Users shall be responsible for their conduct on site ii. Obtain clear authority from Users to utilize anything the User includes on the site iii. Prohibit the unauthorized use of third party content or the posting of any unlawful or objectionable materials iv. Prohibit the use of the site to harass or stalk anyone v. Prohibiting the posting of content which infringes on the rights of any third party vi. Prohibit the posting of content which expresses a preference based upon an individual s membership in a protected class vii. Provide a take down policy in the event any such materials are posted to the site viii. Disclaim responsibility for any third party sites linked to through the site ix. Generally disclaim and limit any liability arising from the content of the site whether provided by Agent or a User x. Provide a privacy policy consistent with that used by the brokerage 4. Agent shall not pay or provide anything of value to another party in consideration of comments placed on the blog. If Agent does allow comments to be posted in return for consideration, the fact that the commenter has received compensation shall be disclosed. 5. Identification a. Agents shall identify themselves when establishing a blog in such a way that Users of the blog shall know the Agent s name, their status as a real estate licensee and the name of the brokerage with which they are affiliated. b. In any posting related to the brokerage, the Agent shall assure that the Agent s relationship to the brokerage is clear so as to avoid violation of the FTC rules. c. Agents shall not participate in the blog of another party without disclosing their identity and the brokerage with which they are affiliated. Social Media Policy & Guidelines

6 6. Responsibility for Maintenance a. All blogging must be monitored by agent for false / defamatory / demeaning / degrading comments at least once per (minimum once per month recommended). b. Agent is responsible for removing or clarifying any comment if the agent knows that it is false or misleading. 7. Agent is responsible for assuring that the content and operation of the blog conform to the standards established in the Code of Ethics. 8. REALTOR must be notified of any offer of compensation to the Agent for real estate related services communicated or established through the blog. Use of Third Party Social Media Sites (Facebook, YouTube, Twitter, etc.) There are hundreds of providers of social media services in which real estate agents may participate. The purpose of this policy is to provide guidelines intended to provide both agents and the brokerage with legal liability risk management and to protect the brokerage s reputation and good will in the community. Like with blogging, the scope of this policy is intended to relate to use of social media in connection with the real estate business, but regardless of the social media service being used, when related to the real estate business the Agent should observe these guidelines. Agents are required to read and be familiar with the policies and requirements of any site on which they participate and to comply with the requirements of that site. In particular, Agents should know the privacy practices and policies of the sites. Where options are provided, the Agent shall / may select an option which provides a level of protection to Users of Agent s social media site consistent with the level of protection afforded by the brokerage at the brokerage s web site. Agents should remain aware that items posted on social media sites may be forwarded or used for purposes other than originally intended. Agents should be aware of this when making decisions as to what to include on their social media sites. Social Media Policy & Guidelines

7 Posting of Professional Contacts/Qualifications (e.g., LinkedIn) 1. Agent is responsible for assuring that any listing of qualifications, credentials or training contained on the site is current, accurate and not misleading. Any changes to the foregoing shall be promptly revised on the site. 2. Agent shall not falsely claim association with any person or group. 3. Notwithstanding any provision herein, Agent remains responsible for complying with the license laws and regulations governing the conduct of licensees and all applicable local, state and federal laws. 4. Agent is responsible for assuring that the content conforms to the standards established in the Code of Ethics. Posting of text (e.g., Facebook, MySpace, Twitter) 1. All text shall be the Agent s own and not plagiarized or copied from another party without that party s permission. This shall not prohibit the use of reasonable quotations from the writings of others or writing for which the Agent has received permission to use or using writings consistent with the practices of the site (e.g., retweeting). No content which infringes the rights of any third party may be used. 2. Agent may/may not write regarding the listings of other licensees within the brokerage. 3. Agent may /may not write regarding the listings of other brokerages. 4. Agent shall assure that writings do not contain unauthorized disclosures of confidential information of clients, customers or REALTOR. 5. Agent is responsible for assuring that the use of the site is consistent with the Code of Ethics, local, state and federal laws and all applicable real estate license laws and regulations, including where necessary identifying Agent. Social Media Policy & Guidelines

8 Posting of comments to social media pages of others 1. Any statement regarding the brokerage shall clearly disclose the Agent s relationship to the Brokerage. 2. The Agent shall disclose his/her status as a real estate professional as a part of any real estate related statement. 3. Agent may/may not accept compensation for placing a comment on a site. 4. Agent is responsible for assuring that the use of the site is consistent with the Code of Ethics, local, state and federal laws and all applicable real estate license laws and regulations, including where necessary identifying Agent. Posting of photos (Flickr) 1. Agent is responsible for assuring that that Agent is authorized to use any photo posted to the site (to avoid copyright issues). 2. Agent shall secure permission to post for marketing purposes the image of another person on the site. 3. If an image has been materially altered in any way by Agent, the fact that the image is altered shall be disclosed. 4. Agent is responsible for assuring that the use of the site is consistent with the Code of Ethics, local, state and federal laws and all applicable real estate license laws and regulations, including where necessary identifying Agent. Posting of audio/video (YouTube) 1. Agent is responsible for assuring that that Agent is authorized to use any audio/video posted to the site (to avoid copyright issues). 2. Agent shall secure permission to post for marketing purposes the image of another person on the site. 3. If an image has been altered in any way by Agent, the fact that the image is altered shall be disclosed. 4. Agent is responsible for assuring that the use of the site is consistent with the Code of Ethics and all applicable real estate license laws and regulations, including where necessary identifying Agent. Social Media Policy & Guidelines

9 Other Pertinent Information Usage of Logos and Trademark The term NorBAR and the NorBAR logo are property of the association. Use of the NorBAR logo on your website must be requested in writing prior to use. For rules on using the REALTOR designation, go to: For more information on the use of the REALTOR trademark in social media, go to: You will need to log into the NAR website to access this information. Once logged in, go to the Law Section/Letter of the Law and see the Trademark Rules and Policies section On-line Usage Rules. Links/Reprints Terms of Use NorBAR permits members to link to our website. If you choose to link from your website to items on the NorBAR website, you do not need permission, provided you are not reprinting any materials. You must note for your visitors that the link goes to the website of the North Bay Association of REALTORS. You may want to have the link open in a new browser window so visitors don't navigate away from your site. You may reprint material from in hard copy or on a Website or other electronic communication as long as the content comes from public pages on the NorBAR website (pages that do not require visitors to enter a username and password for access). NorBAR cannot give permission to reproduce any content that requires a login without explicit permission from NorBAR executive staff. If you have questions about whether an item is password-protected, please contact NorBAR for clarification. Content must be reproduced in full. For each item you reproduce, please include the following attribution: Copyright North Bay Association of REALTORS. Reprinted with permission. Violations Reporting Violations - Violations of the NorBAR Social Media Policy should be reported to the North Bay Association of REALTORS immediately. Correction of Violations - Violations will be reported to our Professional Standards group for review and resolution. Social Media Policy & Guidelines

10 Basic Practices for Good Social Media Usage Protect your own privacy Privacy settings on social media platforms should be set to allow anyone to see profile information similar to what would be on your agency website. Other privacy settings that might allow others to post information or see information that is personal should be set to limit access. Be mindful of posting information that you would not want the public to see. Astute criminals can piece together information you provide on different sites and then use it to impersonate you or someone you know or even re-set your passwords. Similarly, tweeting real-time about your travels may confirm you aren t at home letting someone target your house. So, be careful when sharing information about yourself or others. Be Honest Do not blog anonymously, using pseudonyms or false screen names. We believe in transparency and honesty. Use your real name, be clear who you are, and identify your agency affiliation. Nothing gains you notice in social media more than honesty or dishonesty. Do not say anything that is dishonest, untrue, or misleading. If you have a vested interest in something you are discussing, point it out. But also be smart about protecting yourself and your privacy. What you publish will be around for a long time, so consider the content carefully and also be cautious about disclosing personal details. Obey the law. Do not post any information or conduct any online activity that may violate applicable local, state or federal laws or regulations. Respect copyright laws It is critical that you show proper respect for the laws governing copyright and fair use or fair dealing of copyrighted material owned by others, including NorBAR, C.A.R. and NAR copyrights and brands. You should never quote more than short excerpts of someone else s work, and always attribute such work to the original author/source. It is good general practice to link to others work rather than reproduce it. Respect your audience, NAR, C.A.R., NorBAR and other agents/brokers The public in general, associations, other agents and customers, reflect a diverse set of customs, values and points of view. Don t say anything contradictory or in conflict with NAR, C.A.R. and/or NorBAR directives or policies. Don t be afraid to be yourself, but do so respectfully. This includes not only the obvious (no ethnic slurs, offensive comments, defamatory comments, personal insults, obscenity, etc.) but also proper consideration of privacy and of topics that may be considered objectionable or inflammatory such as politics and religion. Use your best judgment and be sure to make it clear that the views and opinions expressed are yours alone and do not represent the official views of anyone else. Social Media Policy & Guidelines

11 Protect your clients, business partners and suppliers Clients, partners or suppliers should not be cited or obviously referenced without their approval. Never identify a customer, partner or supplier by name without permission and never discuss confidential details of a client engagement. It is acceptable to discuss general details about kinds of projects and to use nonidentifying pseudonyms for a client (e.g., Client 123) so long as the information provided does not violate any non-disclosure agreements that may be in place with the client or make it easy for someone to identify the client. Your blog is not the place to conduct business with a client. Controversial Issues If you see misrepresentations made about yourself in the media, you may point that out. Always do so with respect and with the facts. If you speak about others, make sure what you say is factual and that it does not disparage that party. Avoid arguments. Brawls may earn traffic, but nobody wins in the end. Don t try to settle scores or goad competitors or others into inflammatory debates. Make sure what you are saying is factually correct. Be the first to respond to your own mistakes If you make an error, be up front about your mistake and correct it quickly. If you choose to modify an earlier post, make it clear that you have done so. If someone accuses you of posting something improper (such as their copyrighted material or a defamatory comment about them), deal with it quickly better to remove it immediately to lessen the possibility of a legal action. Think About Consequences Once again, it s all about judgment: using your blog to trash or embarrass another person or business is dangerous and ill-advised. Have a Disclaimer All member blogs and websites should have a disclaimer. Courts are still treating electronic communications in the same manner as more traditional written communications. Linking to another site that contains defamatory information also has its risks, which can be minimized by posting a disclaimer along with the link. Potential risks and liabilities are: Defamation Copyright Infringement Anti Trust Violations Fair Housing Act Violations Cyber stalking or Harassment Social Media Policy & Guidelines

12 Potential Legal Liabilities and MLS Violations When Using Social Media Existing state and federal laws, as well as the NAR Code of Ethics, affect how a REALTOR may use a social networking site in a business capacity. Possible legal issues that may arise when participating in social networking: Defamation Impersonating another on the internet Fiduciary duty or confidentiality False light Copyright violations Advertising traps For a complete explanation of these liabilities, go to the C.A.R. website and read: For more information about potential MLS Violations, go to the C.A.R. website and read: Social Media Policy & Guidelines

13 Social Media Tips The following tips will contribute to successful use of social media. The best way to be interesting, stay out of trouble, and have fun is to write about what you know. There is a good chance of being embarrassed by a real expert, or of being boring if you write about topics you are not knowledgeable about. Quality matters. Use a spell-checker. If you re not design-oriented, ask someone who is whether your blog looks decent, and take their advice on how to improve it. Content never disappears entirely once it s been posted. The speed of being able to publish your thoughts is both a great feature and a great downfall of social media. The time to edit or reflect must be self-imposed. If in doubt over a post, or if something does not feel right, either let it sit and look at it again before publishing it, or ask someone else to look at it first. When appropriate and possible, provide a link to your LinkedIn or Face Book Profile, or to supporting documents. This will help raise your search results. Avoid forums where there is little control over what you know to be confidential information. In the world of social networking, there is often a breach of confidentiality when someone s a real estate agent or posts a comment congratulating him or her on a home sale to a specific client. Often these things are being discussed in the social network circles it s how a real estate agent may be establishing credibility so be very selective and thoughtful about where you post and how you reply or not. Build a reputation of trust among your clients and the public. When you are reaching out to bloggers, clients or colleagues through social media take every opportunity to build a reputation of trust and establish yourself as a credible and transparent real estate professional. Don t use your own personal online relationships or your agency s network to influence polls, rankings or Web traffic. When using social networks with your agency s and professional identification, do not friend anyone whom you either do not actually know or with whom you have not previously corresponded. Disable dangerous privileges. If a site allows others to embed code like HTML postings, links, and file attachments on your page or account, criminals can use them to install malicious software on your computer. If possible, disable the ability of others to post HTML comments on your home page. Social Media Policy & Guidelines

14 Other Sources of Information Below are some links to helpful articles and information about internet/social media use. You will need your NAR and C.A.R. log-in information to view this information. Field Guide to Social Networking C.A.R. Guide to Social Networking - The Internet and the Real Estate Industry - On-Line Privacy Laws Affecting REALTORS - Virtual Office Websites - Internet Data Exchange - Framing on the Internet - Social Media Policy & Guidelines