SEP 2017

MedEsthetics—business education for medical practitioners—provides the latest noninvasive cosmetic procedures, treatment trends, product and equipment reviews, legal issues and medical aesthetics industry news.

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LEGAL ISSUES 22 SEPTEMBER 2017 | Med Esthetics SOCIAL MEDIA POLICIES If multiple staff members have access to and take part in posting to social media, the practice should institute a social media policy. The following is a general and non-exhaustive list of guidelines to keep in mind: • Make sure you are always truthful and accurate when posting information or news. If you make a mistake, cor- rect it quickly. Be open about any previous posts you have altered. Use privacy settings when appropriate. Remem- ber that the Internet archives almost everything; therefore, even deleted postings can be searched. The Internet is immediate. Nothing that is posted ever truly "expires." Never post any information or rumors that you know to be false about the practice, fellow employees, patients, vendors, suppliers or people working on behalf of the practice or its competitors. • Maintain the confi dentiality of company trade secrets and proprietary or confi dential information. Trade secrets may include information regarding systems, processes, prod- ucts, know-how and technology. Employees are prohib- ited from posting internal reports, images, photographs, policies, procedures or other internal business-related confi dential communications. Prior to posting any content, employees are required to fi rst seek approval of such posts from a member of management. Failure to seek such approval may subject employees to punishment. • Do not create a link from your personal blog, website or other social networking site without identifying yourself as an employee of the practice. • Never represent yourself as a spokesperson for the practice. WEBSITE CONSIDERATIONS Practices spend a signifi cant amount of time and money developing their websites and creating content. To protect the information on your website—including any patient images, videos or testimonials—include a "Terms of Use and Privacy Policy." This is the only agreement in place between the website operator and the consuming public. It should cover, at a minimum, the following: limitations on liability; safe harbor provisions under the Digital Millennium Copyright Act to protect yourself against claims of copyright infringement; information on copyrights and trademarks; and a website access license. The website access license grants the user of your website a limited license to access and make personal use of the site. It clarifi es that users may not download (other than page caching) or modify the site—or any portion of it—except with the practice's express written consent. Language should indicate that this license does not al- low for any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account informa- tion for the benefi t of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Always include a clause that provides that all content on this site, including but not limited to: text, graphics, logos, button icons, images, audio and video clips, digital down- loads, data compilations, and software, is the property of the practice. Your website terms of use should also advise users that the site may contain links to, or advertisements for, third- party websites (collectively referred to as "Third-Party Sites" or "TPS"). These would include social media sites such as Facebook, Twitter or Pinterest. Indicate that such TPS are not under the control of the practice, and the practice is not responsible for any TPS. When you link to a TPS, the appli- cable service provider's terms and policies, including privacy and data gathering practices, govern those sites. Finally, when performing a live procedure on any form of video, take precautions. If something goes wrong and the outcome is not what was expected, the failure is memorial- ized forever. Both the provider and staff members should be prepared to handle any emergencies that may arise during fi lming. Allyson Avila is a partner at the national law fi rm of Gordon & Rees Scully Mansukhani. Contact her at 845.406.2935, Language should indicate that this license does not allow for any resale or commercial use of this website or its contents.

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