A. PURPOSE
It is the purpose of this Policy to:
(1) Address the fast and ever-changing landscape of the dissemination and exchange of information and the way Brandywine Scenic Byway Commission (the “BVSBC”) communicates and the ways in which others obtain information online.
(2) Inform BVSBC members and contractors (collectively, “Members”) on permissible and appropriate use of the BVSBC website and its social media platforms.
(3) Encourage the use of social media to further BVSBC goals and missions, while ensuring that what is “communicated” on the BVSBC’s behalf on social media sites, is also appropriate.
B. GOALS
The goals of this Policy are for the BVSBC to:
(1) Use its website as a means to provide information on BVSBC business and matters of public concern.
(2) Use popular social media platforms such as but not limited to Facebook and Instagram, as a means to supplement the BVSBC’s website in providing timely and relevant information on BVSBC business and matters of public concern to resident users of those platforms.
(3) Provide clear guidelines for Members to properly utilize the website and social media platforms for the benefit of the BVSBC as a whole.
C. DEFINITIONS
Capitalized terms used in this Policy and not defined elsewhere herein, shall have the meanings ascribed to them below:
(1) “Administrator” shall mean, individually and collectively, the BVSBC Chairman and one or more individual(s) approved by the Commission to make posts to BVSBC approved social media platforms.
(2) “Right to Know Law” shall mean Pennsylvania Act of February 14, 2008, P.L.6, No. 3, 65 P.S. §67.101, et seq, as may be amended
(3) BVSBC means, individually and collectively, the Brandywine Scenic Byway Commission, the Brandywine Valley National Scenic Byway in Pennsylvania, the Harriet Tubman Underground Railroad Byway in Pennsylvania, and subsequent byways under the same management and control.
(4) “BVSBC Social Media Account(s)” shall mean: (a) any Facebook or Instagram account owned and/or operated by the BVSBC or any of its sub committees or related byways; AND (b) approved by the BVSBC.
(5) “BVSBC Website” shall mean, collectively, any and all web addresses associated with any internet domain owned and operated by the BVSBC, specifically including https://www.harriettubmanbywaypa.com/ and https://www.brandywinevalleybyway.org/.
(6) “Municipality” and “Municipalities” shall mean and refer to the municipalities that are, from time to time, designated as “Municipalities” in the BVSBC’s Intergovernmental Cooperation Agreement as in effect from time to time.
(7) “Commissioner” and “Commissioners” shall mean and refer to the individuals authorized to act as “Commissioner” at the time of reference under the BVSBC’s Intergovernmental Cooperation Agreement as in effect from time to time.
(8) The terms “writing” and “written” shall have the meanings assigned under the Pennsylvania Electronic Transactions Act, the Act of Dec. 16, 1999, P.L. 971, No. 69, as it may be amended from time to time.
D. NON-PUBLIC FORUM STATUS
(1) Non-Public Forum. The BVSBC Website and BVSBC Social Media Accounts shall provide a one- way means to communicate with the public. The BVSBC Website and BVSBC Social Media Accounts are not intended as forums for public discussion.
(2) Disabling of Comments. The Administrator shall be required to disable comments before posting to BVSBC Social Media.
(3) Posting Errors. Should any Administrator errantly post to BVSBC Social Media without disabling comments, any comments made shall not be deleted without the prior approval of the BVSBC Chairman.
(4) Private Messaging. Should any BVSBC Social Media Account contain a private messaging feature, the feature shall be disabled if possible. If the feature cannot be disabled, it shall not be used by the Administrator to send or respond to messages.
(5) Review of Private Messages. Messages sent to a private messaging feature in the BVSBC Social Media Account shall not be reviewed or responded to by the BVSBC.
E. BVSBC SOCIAL MEDIA ACCOUNTS
(1) Approval of Accounts. All BVSBC Social Media Accounts shall be approved by vote of the BVSBC at a duly scheduled meeting, prior to their creation. The BVSBC shall review all available social media platforms on an annual basis.
(2) Creation of Accounts. All BVSBC Social Media Accounts shall be created with a BVSBC or Municipality issued and/or owned e-mail address and/or telephone number. Administrators shall not use personal e-mail addresses or telephone numbers to create BVSBC Social Medial Accounts.
(3) Credentials/Passwords. The Administrator shall create all credentials or passwords for the Social Media Account, each of which shall be provided to the BVSBC Chairman. The BVSBC Chairman will retain a log of credentials and passwords for social media accounts. Credentials/passwords shall not be changed without approval of the BVSBC Chairman. Administrators shall share all credentials/passwords with the other Administrators. No one shall share any credentials/passwords with anyone other than an Administrator, or as expressly permitted in writing by the BVSBC Chairman.
(4) Termination of Accounts. The BVSBC may approve the termination of any or all BVSBC Social Media Accounts at any time. The BVSBC Chairman shall determine that an account should be suspended or terminated immediately, the BVSB Chairman may approve the suspension or termination of any Social Media Account, but only pending ratification by the BVSB as soon as practically feasible.
F. BVSBC SOCIAL MEDIA POSTS
(1) Designation of Administrator. (a) Upon approval of any BVSBC Social Media Account, the BVSBC Chairman shall recommend, and the BVSBC shall approve, no more than two (2) Administrators for the Social Media Account, in addition to the BVSBC Chairman. (b) The BVSBC Chairman shall have sole discretion to approve Administrators and remove any Administrator for failure to follow the letter or spirit of this Policy or due to change in job or volunteer duties. An Administrator shall be deemed automatically removed at the time the Administrator ceases to be a Commission. Upon the removal of an Administrator, the BVSBC shall, as soon as practicable, change each credential/password to which the removed Administrator has had access. (c) The BVSBC Chairman shall be an Administrator for all BVSBC Social Media Accounts.
(2) Prior Approval. All BVSBC Social Media Account posts shall be subject to the prior approval of the BVSBC Chairman in writing. In the event that the BVSBC Chairman is unavailable when an Administrator desires to post to BVSBC Social Media Account(s), the Vice Chairman of the BVSBC may provide approval.
(3) BVSBC Website. All Social Media Accounts shall contain a link to the BVSBC Website in the information section. In addition, posts to BVSBC Social Media Accounts on platforms that do not contain a character restriction shall include a link to the BVSBC Website. Posts to BVSBC Social Media Accounts on platforms that contain a character restriction shall include a link to the BVSBC Website whenever practical.
G. PRIVACY
(1) General Policy. The BVSBC is and shall remain sensitive to the privacy interests of the users of the BVSBC Website. Protection of those interests is an important responsibility. The BVSBC’s goal in collecting personal information online is to provide the user with the most personalized, timely and effective service possible. By understanding the user’s needs and preferences, the BVSBC may provide users with improved service.
(2) User Email. On certain occasions, the BVSBC’s Website may request a user’s email address for purposes of correspondence or for BVSBC business. User email addresses shall not be shared, and user information shall not be disclosed to any third party, except as required by applicable federal or state laws, including but not limited to the Right to Know Law, and/or as required in a legal proceeding.
(3) Use of User Data. When opted in by users, the BVSBC may use personal data provided through the BVSBC Website to send information about BVSBC services and upcoming activities. However, the BVSBC will neither sell nor knowingly provide personal information to third parties, except as expressly permitted by this Policy or as required by applicable law, including the Right to Know Law, or legal proceedings.
(4) No Expectation of Privacy. Notwithstanding anything in this Policy to the contrary, senders of emails, messages, posts or other electronic communications to the BVSBC or any Member, shall have no expectation of privacy or confidentiality in such communications. Any restrictions imposed by this Policy are solely for purposes of internal administration of the BVSBC and shall not give rise to any claim or right of action by any individual except as may be expressly required by applicable law. Similar to mailed or delivered comments, communications received via email, messages, posts or other electronic communications, may become subject to public disclosure under the Right to Know Law, as part of legal proceedings and/or where otherwise required by law.
(5) Statistics and Cookies. Aggregate reports may be generated and captured about visitors to the BVSBC Website. These reports shall not contain any personally identifiable information. The BVSBC will not share unauthorized information with other third-party entities.
(6) Right to Know Law and Records Retention. BVSBC Social Media Accounts and Website are subject to the Right to Know Law. Any content that constitutes a public record under the Right-to-Know Law, including lists of subscribers and posted communication, may be subject to disclosure.
H. EXTERNAL LINKS
The BVSBC shall restrict external links on the BVSBC Website and Social Media Accounts to (i) sites or entities that provide governmental or quasi-governmental services to residents and (ii) sites of nonprofit, nonpartisan organizations whose purposes are consistent with the purposes and goals of the BVSBC. The BVSBC Chairman shall have the authority to determine whether a request for an external link meets the foregoing requirements and direct the removal of any link posted to the website that does not meet those requirements. The BVSBC disclaims any responsibility for the content of any externally linked website, regardless of approval.
I. ACCESSIBILITY
The BVSBC Website and Social Media Accounts are intended to be accessible to persons with disabilities. Requests for reasonable accommodations relating to equal access to communication, or other issues relating to BVSBC Website accessibility, should be directed to BVSB: (i) if by mail or hand delivery, to Brandywine Scenic Byway Commission at BVSBC’s address as stated in its Bylaws from time to time, and (ii) if electronically, to the e-mail address of the BVSBC Chairman.
J. SERVICE MARKS, TRADEMARKS AND COPYRIGHT
(1) To the extent legally permissible, commercial use of BVSBC Website and BVSBC Social Media Account content is prohibited without the written permission of the BVSBC. All service marks and trademarks set forth on the BVSBC Website and the BVSBC Social Media are the property of their respective owners. The BVSBC retains copyright on the BVSBC Seal, BVSBC Logo, all text, graphic images, and other content, unless otherwise noted. No person or entity may use the BVSBC Seal or BVSBC Logo without approval of the BVSBC Chairman or their designee. No person or entity shall engage in modifying and or using the text, images, or other BVSBC Website content without written permission from the BVSBC Chairman or their designee.
(2) Care should be taken when posting on BVSBC Social Media Accounts and Website with respect to documents, software or other information protected by intellectual property laws. Posting of protected materials without proper authorization by the owner, is prohibited.
(3) Material made available via the BVSBC Website or BVSBC Social Media Accounts shall be property of the BVSBC or used by the BVSBC with permission and intended for informational purposes only. Any re-use, transmission, duplication, or distribution of any material found on the BVSBC Website or BVSBC Social Media Accounts must be clearly attributed to the BVSBC or author. Commercial uses of copyrighted or other protected materials found on a BVSBC Website or BVSBC Social Media Accounts is expressly prohibited without express written consent of the BVSBC or author.
K. USE DISCLAIMER
The BVSBC is neither responsible nor liable for any viruses or other contamination of a user’s system due to access of the BVSBC Websites or BVSBC Social Media Accounts, nor for any delays, inaccuracies, errors or omissions arising out of the user’s access of the BVSBC Website or BVSBC Social Media Accounts or with respect to the material contained on either. The BVSBC Website and all BVSBC Social Media Accounts, and all materials contained on either are distributed and transmitted “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. The BVSBC is not responsible for any special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the BVSBC Website, the BVSBC Social Media Accounts and/or the materials contained on the either, whether those materials are provided or originated by the BVSBC or a third party.
L. NO REPRESENTATIONS AND WARRANTIES
The BVSBC Website and Social Media Accounts are maintained to provide public access to BVSBC information via the Internet. While the BVSBC attempts to maintain the information on the BVSBC Website and Social Media Accounts in a timely and accurate fashion, the BVSBC does not warrant or make representations or endorsements as to the quality, content, accuracy, or completeness of the information, text, graphics, hyperlinks, and other items contained on the BVSBC Website or Social Media Accounts.
M. Notices concerning the restrictions and policies set forth in Sections I, J, K and L of this Policy, as they may be revised from time to time, shall be posted in the information section of each Social Media Account.
N. REPORTING VIOLATIONS
Members shall promptly report suspected violations of this Policy, either to the BVSBC Chairman, or to the Commissioners at a meeting of the BVSBC. If the BVSBC Chairman becomes aware of a suspected violation, the BVSBC Chairman shall report such suspected violations to the Commissioners at the next ensuing meeting, and shall be authorized to, take such action as may reasonably be necessary with respect to the suspected violation pending a determination by the Commissioners regarding the suspected violation and any necessary action in response to it.
O. AMENDMENT
This Policy or any part or provision hereof, may be amended at any time and from time to time, by resolution of the BVSBC.