Employee Personal Electronic Device
Usage Agreement
Michelle J. LeBeau
Ogletree, Deakins, Nash, Smoak & Stewart, PLLC
Purpose
The purpose of the Employee Personal Electronic Device Usage Agreement (“Agreement”) is to
establish the rules and conditions every user must accept in order to use a privately-owned
device to access, either locally or remotely, computer networks and data owned by the
Company, which includes any networks and data owned or operated by its subsidiaries,
affiliates, and other related entities (collectively, the “Company”).
These rules and conditions have been put in place in order to ensure that appropriate
protection is given to Company information when stored on a privately-owned device and/or
accessed through the device. By signing this Agreement, the user acknowledges the risks
associated with the use of a privately-owned device for business purposes, and consents to
Company controls and technical enhancements designed to protect the Company and its
information, networks, and data.
Importantly, by signing this Agreement, the user relinquishes certain privacy interests that
might otherwise apply to a privately-owned device.
Application
This Agreement applies to information in all forms used by and within the Company,
regardless of the format or location in which the information is kept. By way of example,
forms of information to which this Agreement applies include (without limitation):
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Correspondence (including e-mail, text messages, and instant messages)
Reports
Documents
Manuals
Customer policies
Electronic or printed information
Voicemail
Terms and Conditions
By signing below, I agree to the following terms and conditions.
1. I have voluntarily elected to use my privately-owned computing or mobile device
(collectively, “mobile device”) for the purpose of conducting Company business, in
addition to for personal purposes.
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2. I understand that if I prefer, the Company will provide a Company mobile device for
my use for the purpose of conducting Company business.
3. I understand that through my use of the Company-owned data system and networks, I
may access private, confidential or sensitive Company information on my personal
device. It is my responsibility to protect the security, confidentiality, and integrity of
the Company’s information, including when downloaded to or accessed through my
mobile device.
4. I will not allow other users of my mobile device to access Company information.
Further, I will not allow other users of my mobile device to access the device itself
while it is connected to the Company’s network, including, but not limited to, virtual or
web-based connections such as VPN, extranet, or webmail.
5. I will use my mobile device in compliance with all applicable Company Policies while
conducting Company business.
6. I will use my mobile device in compliance with all applicable laws and ordinances,
including any applicable laws that limit or prohibit the use of a mobile device while
driving an automobile.
7. I am responsible for providing, maintaining and paying for my mobile device, cellular
service plan for my device and any necessary equipment and accessories for my device,
including any additional costs that might occur by using the mobile device, unless
otherwise specified in writing by my Department Manager.
8. I understand that I am solely responsible for any and all expenses incurred from the
damage to or loss of my mobile device and any necessary equipment and accessories for
my mobile device, unless otherwise specified in writing by my Department
Manager.
9. I am responsible for notifying the Company immediately upon the apparent loss or theft
of my device, or the unauthorized intrusion by a third party into my device. I agree to
notify my direct supervisor, the Human Resources Department or any member of
the IT staff within twelve (12) hours of learning that my mobile device may have been
lost, stolen, or otherwise compromised.
10. I understand the Company will not provide any technical support for my mobile
device and the associated accessories, outside of any support that may be provided
by Company to address technical problems, issues or concerns related to the
Company system.
11. I understand the Company may at any time and without my prior notice or
consent change or terminate this program.
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12. I expressly acknowledge that this program is not actual or implicit approval
from the Company for me to perform work from home instead of my
designated workplace. If special permission or approval is required for me to
perform work other than in my designated workplace and during designated
work times, I will comply with all applicable policies and procedures to obtain
such permission or approval before using my mobile device for work or
otherwise performing work.
13. I understand and agree that if I am an employee who is eligible to receive
overtime pay, I will keep a record of any work that I perform outside of normal
working hours. I understand that “work outside of normal working hours”
includes checking work e-mails and/or voice-mails while away from work. I
further understand that Company will presume that work has not been
performed outside of work if there is no record of the time spent.
14. I understand that through my use of my mobile device for a combination of
both work and personal use, the Company’s data may become co-mingled with
my private data, and likewise, my private data may become co-mingled with
Company’s data. Because of this, I understand that Company will have the
right to view or access my private data on my mobile device.
15. I understand that any personal information or any Company information that I
receive or send on my mobile device which passes through the Company’s
network may be cached, stored, monitored, retrieved, or reviewed without
further notice to me and without my express consent outside of my execution of
this Agreement. I understand that if I send or receive any such information on
my mobile device through Company’s network, that information will become
accessible by the Company. I authorize the Company to access, review, and use
such information to the fullest extent authorized by law. I understand that I
have no expectation of privacy with respect to such information.
16. I understand the Company may install an electronic agent on my mobile device
to enforce security configuration, which electronic agent would provide remote
management of, and access to, my mobile device. I authorize the Company to
install such an agent and to access, review, and use information obtained by or
through the agent to the fullest extent authorized by law. I understand that I
have no expectation of privacy with respect to information the Company obtains
or accesses through use of the agent.
17. I understand a strong password on the mobile device must be maintained at all
times. After a set number of failed password attempts to log into the device
(as determined by policy) the device will be automatically wiped of Company
data and information. I understand an automatic wipe and erase command
issued by the Company may also affect my private information and
configuration on the device.
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18. I understand the Company has the right to suspend all information transmission
between the mobile device and the Company network and Company
information in the event that:
a. the mobile device is not password-enabled;
b. the mobile device has an Operating System that is compromised or that does
not meet Company IT security standards;
c. a breach of any Company Policy is suspected or detected.
19. I understand the Company may at any time and without my prior notice or
consent, provide information in response to subpoena or other legal processes in
which Company information or private information on the mobile device may
be disclosed to the Company and/or third parties.
20. I agree that I will not use my mobile device for business purposes in a manner
that is unlawful or unsafe, including, but not limited to: unlawfully operating my
mobile device while driving or while operating machinery; utilizing illegal or
unlicensed software; and/or violating the terms of service of any personallylicensed software for the purpose of performing work. I understand that
unlawful and/or unsafe use of my mobile device for business purposes is strictly
prohibited, and I expressly assume personal responsibility for any liability
arising from the same.
21. Should my employment with Company end, I agree to preserve all data on the
device and will not remove, modify or transfer any data unless otherwise
directed to do so by the Company.
22. I agree that at any time upon request by the Company, and on my own initiative
on my last day of employment with the Company, I will submit my mobile
device to the Company to remove all Company data and information from my
device. I furthermore provide consent to the Company to issue an automatic
wipe and erase command, which may cause deletion or corruption of my
private information, should I fail to submit my device to the Company.
23. I understand and agree that the Company shall not be held liable for any loss
or damage to my mobile device, or any of my personal property as a result of
my use of a personal mobile device for business purposes.
24. I understand and agree that the Company will take disciplinary action,
including potentially termination of my employment, if the Company
determines in good faith that I have violated any of the terms and conditions of
this Agreement.
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Agreed to and accepted by, with intent to be legally bound:
Date:
User’s Name:
User’s Signature:
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