Anagenics Limited (Anagenics or the Company) has the following Social Media Policy (Policy) to regulate the use of social media by people associated with Anagenics or its subsidiaries. The Policy covers the use of electronic media for engagement within and between the Company and the market by directors, contractors and employees of Anagenics Limited and the Company’s subsidiaries (Restricted Persons).
To preserve the reputation and integrity of Anagenics and its subsidiaries, this Policy will apply to the wide range of technologies commonly referred to as ‘social media’ which fundamentally are no different to other forms of communication, but do represent a risk as well as an opportunity because they can connect large numbers of people with relative ease. The rationale for the Policy is to manage the risks associated with the use of technology platforms and tools of this nature.
Social Media Definition
Social media means online social networking or Web 2.0 technologies services and tools used for publishing, sharing and discussing information, including without limitation blogs or web logs, electronic forums or message boards, micro-blogs (eg: Twitter™), photo sharing sites (eg: Flickr®), social bookmarking sites (eg: Delicious™, Digg™, Reddit™) social networking websites (eg: MySpace™, Facebook®, LinkedIn®, Google+™, Bebo™, Friendster™) video sharing sites (eg: YouTube™), virtual worlds (eg: Second Life®) and wikis (eg: Wikipedia®) and any other electronic media that allow individual users to upload and share content regardless of format.
Scope of Policy
The Policy outlines requirements for compliance with confidentiality, governance, legal, privacy and regulatory parameters when using social media to conduct Anagenics business.
This Policy is intended to apply to both Anagenics and its subsidiaries. References to the Company or Anagenics in this Policy should be read as referring to both Anagenics and its subsidiaries, as appropriate.
This Policy aims to:
- inform appropriate use of social media tools for Anagenics
- promote useful market engagement through the use of social media
- minimise problematic communications
- manage the inherent challenges of speed and immediacy
This Policy should be read in conjunction with other relevant policies and procedures of Anagenics and is not intended to cover personal use of social media where the author publishes information in their personal capacity and not on behalf of, or in association with Anagenics and no reference is made to Anagenics, its directors, employees, policies and products, suppliers, shareholders, other stakeholders or Anagenics related issues.
Legislative and Policy Framework
The Restricted Persons are expected to demonstrate standards of conduct and behaviour that are consistent with relevant legislation, regulations and policies, including the following non-exhaustive list:
- Corporations Act;
- ASX Listing and Operating Rules;
- Anagenics’ employment contracts;
- Anagenics’ Share Trading Policy.
When using social media, Restricted Persons are expected to:
- seek prior authorisation from the Chief Executive Officer;
- adhere to Anagenics policies and procedures;
- behave with caution, courtesy, honesty and respect;
- comply with relevant laws and regulations;
- only disclose information that has already been released to the market;
- reinforce the integrity, reputation and values Anagenics seeks to foster.
The following content is not permitted under any circumstances:
- content that has not been released to the market;
- abusive, profane or language of a sexual nature;
- content not relating to the subject matter of that blog, board, forum or site;
- content which is false or misleading;
- confidential information about Anagenics or third parties;
- copyright or trade mark protected materials;
- discriminatory material in relation to a person or group based on age, colour, creed, disability, family status, gender, nationality, marital status, parental status, political opinion or affiliation, pregnancy or potential pregnancy, race or social origin, religious beliefs or activity, responsibilities, sex or sexual orientation;
- illegal material or materials designed to encourage law breaking;
- materials that could compromise the safety of any employee;
- materials which would breach applicable laws (Corporations Act and regulations, ASX Listing and Operating Rules, defamation, privacy, consumer and competition law, fair use, copyright, trade marks);
- material that would offend contemporary standards of taste and decency;
- material which would bring the Company into disrepute;
- personal details of Company directors, employees or third parties;
- spam, meaning the distribution of unsolicited bulk electronic messages; and
- statements which may be considered to be bullying or harassment.
If you have any doubt about applying the provisions of this policy, the Anagenics Chief Executive Officer is the correct person to check with prior to using social media to communicate on behalf of the Company. Depending upon the nature of the issue and potential risk, it may also be appropriate to consider seeking legal advice prior to publication.
Authorisation from the Chief Executive Officer must be obtained before a Restricted Person can use social media including but not limited to uploading content or speaking on behalf of Anagenics.
Statements or announcements cannot be made through social media channels unless authorised by the Chief Executive Officer. No Restricted Person may respond directly if approached by media for comment through social media and must refer the inquiry to the Chief Executive Officer.
No Restricted Person may comment outside his or her area of expertise.
Restricted Persons may only discuss publicly available information. Restricted Persons must not disclose confidential information, internal discussions or decisions of the board, employees, consultants or other third parties.
Information published should be accurate, constructive, helpful and informative. Restricted Persons must correct any errors as soon as practicable and not publish information or make statements which are known to be false or may reasonably be taken to be misleading or deceptive.
Restricted Persons must be clear about their professional identity, or any vested interests and must not use fictitious names or identities that deliberately intend to deceive, mislead or lie or participate in social media anonymously or covertly or via a third party or agency.
Restricted Persons should not express or publish a personal opinion on Anagenics generally or about Anagenics business via social media and should be mindful of market disclosure rules when discussing or commenting on Company matters. Generally, Restricted Persons should not express personal opinions on Company decisions or business nor be critical of Anagenics and its personnel. If it is not possible to separate official Anagenics positions from personal opinions, Restricted Persons should consider using a formal disclaimer to separate interests.
Restricted Persons should be sensitive to the privacy of others. However, Anagenics is not required to seek permission from anyone who appears in any photographs, video or other footage before sharing these via any form of social media if it is the copyright owner of the relevant image or footage.
Restricted Persons will use Anagenics’ own intellectual property where possible and shall obtain prior consent where Anagenics is not the creator or copyright owner, to use or reproduce copyright material including applications, sound recordings (speeches, music), footage (cinematographic vision), graphics (graphs, charts, logos, clip-art), images, artwork, photographs, publications or musical notation. Restricted Persons will also typically seek permission before publishing or uploading the intellectual property of a third party or before linking to another site or social media application.
Restricted Persons will not comment, contribute, create, forward, post, upload or share content that is scurrilous, malicious or defamatory. Respect Restricted Persons will endeavour to be courteous, patient and respectful of the opinions of others, including detractors and the discourteous.
Restricted Persons will be conscious of anti-discrimination laws and must not publish statements or information which may be discriminatory in a human rights sense.
Restricted Persons will remain mindful of language and expression and not lapse into excessive use of colloquialisms, having regard to an international audience.
State of Mind
Restricted Persons must not use social media when irritated, upset or tired.
Restricted Persons should protect their personal privacy and guard against identity theft.
Modification and moderation
Restricted Persons should ensure that any social media sites created or contributed to can be readily edited, improved or removed and appropriately moderated.
Anagenics will endeavour to specify the type of comments and feedback that will receive a response and clearly communicate a target response time. Restricted Persons are required to make it easy for audiences to reach Anagenics and/or its subsidiaries by publishing appropriate company telephone numbers, generic emails, LinkedIn, Twitter and Facebook accounts.
Anagenics reserves the right, for legal compliance purposes, to monitor social media usage on its systems without advance notice and consistent with any applicable state, federal or international laws. Anagenics may be legally required to produce logs, diaries and archives of social media use to judicial, law enforcement and regulatory agencies and will comply with any relevant requests. Restricted Persons and other users should govern themselves accordingly.
Restricted Persons should seek advice or authorisation from the Chief Executive Officer, on using social media or if unsure about applying the provisions of this Policy, should register social media accounts with the Chief Executive Officer, understand and comply with the provisions in this Policy and any End User Licence Agreements, seek training and development for using social media and maintain records of email addresses, comments, ‘friends’, followers and printed copies or electronic ‘screen grabs’ when using externally hosted sites to the extent practicable. Each Restricted Person is responsible for adhering to the Anagenics Social Media Policy.
All content published or communicated by or on behalf of Anagenics using social media must be recorded (including the author’s name, date, time and media site location) and kept on record. Anagenics will actively monitor social media for relevant contributions that impact on the Company or its subsidiaries, and their officers, operations or reputation.
Anagenics employees breaching this policy may be the subject of disciplinary action, performance management or review. Serious breaches may result in suspension or termination of employment or association. Anagenics reserves the right to remove, where possible, content that violates this Policy or any associated policies.
The requirements imposed by this Policy are separate from, and additional to, the legal prohibitions in the Corporations Act. Directors, officers, consultants and employees should be aware that they can be charged with criminal offences under the rules and regulations associated with the prevention of market manipulation, false trading, market rigging and misleading and deceptive conduct, all of which apply at law regardless of this Policy.
Failure to comply
Failure to comply with this Policy may be considered cause for termination of employment.
This policy will be published and promoted to personnel of Anagenics and its subsidiaries through www.anagenics.com and the appropriate Policy Manuals for Anagenics and its subsidiaries.