Understanding Terms of Use, Statement of Rights & Other Privacy Trends

Recently there has been a great deal of confusion surrounding Facebook’s Terms of Use, Privacy settings and other related issues. In fact, social media consulting firms have been inundated with inquiries surrounding the most recent “Privacy Notice” circulating on Facebook pages. The following excerpt represents one of the more common examples floating around the Internet, urging friends and family to re-post in order to protect their privacy…

“…If you do not post such a statement once, then you are indirectly allowing public use of items such as your photos and the information contained in your status updates.

PRIVACY NOTICE: Warning – any person and/or institution and/or Agent and/or Agency of any governmental structure including but not limited to the United States Federal Government also using or monitoring/using this website or any …”

Unfortunately, this is simply incorrect. Posting a statement like this or any other does not void the original “Terms of Use” agreed upon when signing up for a Facebook account. In no way does it enhance, limit, protect or otherwise change any of the original terms of use for any individual user or corporate entity. Here to shed a bit of light on an obviously cloudy topic, is a quick set of facts designed to get you up to speed as soon as possible.

1. Their Site = Their Terms. It’s that simple. Every single person or entity that signs up for a Facebook account must agree to the pre-established Terms of Use as they currently exist. It’s not subject to debate nor do users get to “pick and choose” what portions they like or don’t like. It’s an all or nothing proposition…take it or leave it.

2. Review Revisions. From time to time, Facebook (as well as most other social media sites) change or modify the Terms of Use and/or Statement of Rights. Savvy social media users should take a few minutes to read and review these changes to make sure the terms are acceptable as well as determine any required changes to content or other policies which might go into effect.

3. Critical Thinking Required. Last but not least, always think twice before sharing or posting any information from an unknown source. In this instance, the provided “privacy notice” seems harmless enough (albeit incorrect) but it could just have easily contained some type of malware.

Examining Additions

Part of the problem comes from a failure to understand the essential differences between a small business posting their own “Terms of Use” and that of Facebook. As a social media marketing firm, we routinely work with small business owners that use a separate Terms of Use policy in relation to all blog, social media and other online communications but those are only as valid as the original terms allow. Think of it this way…as a small business owner, you can establish your own rules and code of conduct for employees or even visitors but only within the confines of the larger legal system. You cannot pass rules that conflict with existing laws. The same applies to the use of social media. In this instance, Facebook or other sites provide the Terms of Use which is agreed upon in order to use the site. A company may only operate within those recognized confines.

Upcoming Revisions To Be Voted Upon!

In an ironic turn of events, Facebook is currently proposing several revisions to the State of Rights and Responsibilities, Data Use policy and other related issues…and in the most social manner possible; by putting it to a vote. If you haven’t heard about this, don’t worry…most people haven’t…apparently the somewhat erroneous message provided above has taken a great deal of users attention away from the more meaningful issue. However, this is an opportunity to help shape the future of Facebook but only if you take the time to vote. Users have until Friday June 8th to review the newly proposed terms and place a vote. Among the more interesting modifications, the following are likely to have the greatest impact on small business owners and individuals alike:

  • Clarifying terminology of “hateful content” to “hate speech”. What will this entail? Details aren’t yet clear but be sure to keep an eye out for future articles for more information. Other terminology updates are mostly designed to reflect updates to site function such as the use of Timelines versus profile or post versus story.
  • Gender and cover photo’s are permanently public as well as profile picture. Those that are uncomfortable with these being public property will need to delete each.
  • Advertising changes. New advertiser campaigns will be retained for 6 months, personalized advertisements will include more information to enhance impact and mobile marketing uses will be rolled out in phases. Information shared with an advertiser, other user etc will be synced and shared between devices, sites and applications.

To learn more, visit the Explanation of Changes location available at https://www.facebook.com/note.php?note_id=10151726574510301. It’s a good idea to always understand both your rights and responsibilities when using any website or social media application. As always, if you need additional clarification or help drafting additional terms of use for your business, contact your social media management team today.

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