The Art of Getting to Yes: How to Negotiate a TOS and Reduce Cost for Agencies

The Art of Getting to Yes: How to Negotiate a TOS and Reduce Cost for Agencies


I’m Justin Herman who works in social media
here at the Office of digital government at and GSA’s Office of innovative technology.
Be here today we actually have a packed room in the studio rather than over the phone so
the topic today we are going to be discussing is terms of service. H1 a few deals with terms
of service whether you know it or not. If you don’t know that you dealt with terms of
service, then please actually called your parents and have them hold your hands do this
one because this is very important to learn this information. Today our program is called
the art of getting to yes, how to negotiate a terms of service and reduce cost for agencies.
Essentially any social media app that the government uses has to have its own unique
terms of service or public service in the same way that when you’re using an app in
a private sense and you scroll down and a check yes, I agree to the terms agendas are
you never read the document that you are actually signing to come at that’s a legally binding
agreement. When the public servant check that he was at or public program within a legally
the legally binding and making an agreement to — between the government and company which
has whole different set of standards and the laws and governed by Congress including private
advertisements and all sorts of things.>>We have with us today webinar that will
teach you how to federal agencies can work with vendors to great — and the number of
products and services that we used to before my jobs. It is a dynamic as ever you go to
get down to it I’m not going to still too much of the vendor here but I want to today’s
you do some people the first record he set down the ground will which is a first-time
first time a digital government University of course you know we don’t depend paper,
you got need to take note because not only are we going to be following up, we also going
to be likely having a recording of this made available as well as as many resources on
terms of service. Don’t worry about taking notes.
>>Second especially if this is a person learning about terms of service, you going to have
questions. That’s good because that’s exactly where we are so going to GoToWebinar panel
and throughout the presentation load up your question ago we going to get to as many of
them as we possibly can and the experts will be answering them. Please don’t hesitate to
do that.>>Third, as many be no, it is not your first
time around to this radio is that feedback and user feedback is critical for the development
of our education programs and webinars. That being said, what’s the webinar is being recorded
to be sending out a survey that’s going to ask you what we did right, what we did wrong,
how can improve things and every single one of those amends are read in taken to heart.
Please don’t hesitate to send them and make a point to let us know how we can keep improving
things each week for you. Once again to recap, but the Pennebaker down. Make sure you get
your questions ready and it is a bit there because we are answering them and also remember
the customers feedback survey. First Iwant to make some introductions here. As the most
commented Edward common could work that had to say today. First off we have Kathryn Hambleton,
Katherine is distal to medication strategies strategies at there was Department of Health
and Human Services. She supports the age-adjusted Journal Communications minute — connectors
connect is working on similar projects sure should knowledge expense and develop Health
and Human Services white guidance. Now additionally, she serves as the terms of service point of
contact for HHS and advises on web and social media projects within within the Office of
the Secretary and the Office of the assistant Secretary of public affairs. Also joining
us today I would like you to meet Clair. Clair Koroma, she’s a mobile [Indiscernible] as
well or as is proper in this day and age. Jagoda shows us the open opportunity federal
outsource mobile testing program facilitator. Kathryn — the sexiest visceral policy topics
and this is the first time ever accused with sexy during the webinar so this is another
red letter day for me. Including responsive web design you mix and usability. That being
said, from here on out, take it away.>>Hi, everyone. This is Clair Koroma as I
was introduced. My colleague Thomas to four and I are going to be talking to today about
what we did to get — together with a vendor to secure it terms a terms of service agreement
as well as federal Tier pricing and we the way this all came about was that we individual
medication division we work with a range of clients throughout the agency to help them
get projects completed. One of our clients in the idea lab they are focused on innovation.
There whole purpose is to make sure that different entities within the agency have the opportunity
to innovate and come up with unique and dynamic solutions to solve federal government problems.
They wanted to use a tool called go animate to create animations for the website and they
created this really wonderful video which they showed to us in the digital communication
division and we just wanted to make sure that they had signed a proper terms of service
in order to use that software. We did a little bit of research and discovered that the terms
of service agreement that they had signed was not advocate for federal government agencies.
>>So after having discovered that I love the work across all from Kathryn who is here
with me today and she’s a terms of service point of contact for the entire agency so
had and — stigmatic went and said Kathryn, do we have a terms of service agreement for
this software or tool or do you know of any similar — that we have a terms of service
agreement for? Her answer was unfortunately, no. So the journey that we going to talk to
you about began there begin there. I will let Kathryn tell you about how she came into
play and her experience with people coming in and asking her about terms of service agreement
and then we will walk through the steps we took to get to a solution with this vendor.
>>And addition to that likely know the vendor is on the line with us, his name is Mark [Indiscernible]
and he is the vendor for go animate and you will be during his perspective of how he felt
about working with us when we initially pushed him and the things that we did to make it
reasonable for them to work with us in developing a terms of service and for developing a federal
Tier pricing.>>Thanks, Clair. As Clair mentioned I do
work across hall from her but I do inquiries as the point of contact for HHS for terms
of service for people all over the Department. For people in Baltimore as a Muslim people
coming out into at CDC and everywhere in between and whatnot. Most of those people don’t get
to operate in the window but I imagine they come to me and ask do we have a terms of service
and I check on this and I well check in and I usually have to tell them no. We don’t have
one and there’s not one in process. I hate telling people know and I’m sure they hate
Terry know and I in my head picture them walking away with her head hung low, said Andy Debjit
are thinking there’s no way they can possibly navigate the federal bureaucracy negotiate
in terms of service amendment with the vendor. But I would like to not say no to that. I
would like to give them some hope. So this opportunity when Clair poke your head into
give us the opportunity to work together and put together some tips for working with a
vendor and try them out and so we are here to share that information with you today.
>>I would talk a little bit about terms of service first. Most of you are probably familiar
with the terms of service and if you are not, you should listen up. Government agencies
use lots of third-party tools. We often refer to them as social media but sometimes we refer
to them as other things. Use them for a variety of purposes. To make our work more effective
and efficient. Most of these tools like just mentioned have a box that says terms of service
that we check and these tools to be clear are the free tools three tools that we typically
talk about with terms of service here at GSA and is well as the fee-for-service tools they
still have that box and the box will apply. With the fee-for-service tools generally if
they agree to certain cost threshold ago to your office and the trunk contract managers
to go shake a contract and look at the terms of service. But the free tools of course there
was no way to procure it told with no cost and that’s why GSA has taken the lead in many
ways on that but then there’s the other tools that both within the micro — realm where
it is a little bit of a gray area and it is not clear whether the red card holder is necessarily
you be the tablet — terms of service or big any effort to negotiate them. I still consider
was that fall within the [Indiscernible] part of my responsibility as the terms of service
point of contact for a digest.>>After the terms of service, as just mentioned
many of them are not compatible with the laws that govern the federal government. When somebody
reaches out to me if we don’t have them on the list I will take a look at the term — terms
of service and there’s two causes Outlook for first well. Die is the indemnification
clause and a clause stating where disputes are governed. The indemnification clause is
a big word that basically says if there’s a legal dispute in the future we agreed to
pay some legal fees. The[Indiscernible] to get technical with you, says that we cannot
obligate funds from a procurement your or an appropriation year, sorry that has not
been appropriated by Congress. [Indiscernible] we cannot agree to that. Then there’s usually
a clause that says legal disputes will be settled in the courts of California or something
along those lines. In the federal government you cannot take the federal government to
court and that state courts or has to be Federal Circuit court which is relatively minor issue
to resolve but it’s something that does need to be addressed. Those are the first onto
things I look for as a terms of service point of contact and you should expect that were
terms of service point of contact will be familiar with these as well.
>>There are generally other issues in terms of service but if those two exist I know there’s
definitely needs to be negotiated amendment. If they don’texist and I will get in touch
with Betsy at the GSA lawyers or our General Counsel at HHS to have them take a look and
see what other issues might be relevant.>>What I was working with Kathryn to think
about things about how we could figure out a way to get the terms of service agreement
from the vendor I thought why not go for the whole shebang. One of the other things that
the [Indiscernible] struggling with was pricing Tier and how much does the total cost of use
and we all struggle with this us federal government agencies we have very restricted budgets,
most of us and we have so much we can spend and this a really a lot of great tools out
there but some of them are priced outside of our budget range especially those in the
micro- purchase realm. So we thought if you’re going to talk to them about pillows which
is a big act in some ways, then I will talk about maybe considering given us a pricing
Tier for federal government. This a great need for diversity in the tool is that we
have at a cost that we can use because that the cost that need meets the budget that we
all work with and many vendors don’t have pricing curious for program agencies and that’s
not because they don’t care about to the government M&A because no one has ever asked them. Because
they haven’t done this us with the federal government so we have the bright idea to talk
— reach out to the vendor and take a look at with things we could do a negotiate with
them on the pillow side PLS side and on the government pricing.
>>We wanted to start a conversation with them and what we did first is what the website
and that was instrument for us because when we went to the website the first and we notice
was they actually had a pricing Tier for [Indiscernible] and what that says was the actually did care
about the special needs that an nonprofit or a government entity might have that don’t
fall within the private sector. So that give us a little bit of hope in terms of which
are not to them and saying we know you have made [Indiscernible] for schools, here we
are federal government agencies, we are very% neutral, we have a team that wants to use
this tool, what you think about modifying your terms and where pricing to meet some
of the needs that we have as federal government agency? You wanted to start a conversation
with this vendor. I’m going to have Mark tell you little bit about what he felt like when
we first reached out to him when we started the conversation so all we wanted to do is
we reached out to the vendor and be contacted him.
>>The first thing we did is we contacted our terms of service point of contact which
luckily for me was across the hall, it was Kathryn. If you don’t know who that is common
figure out who the terms of service contact in your area is and let them connect with
your Office of Japan’s want to talk to your TOS person, maybe both of you can do that,
contractor general cancer and make sure you have — that you have in place that you need
to follow before contacting the vendor. Can you identify the best point of contact for
the vendor and it could be customer support, it could be a a [Indiscernible] very generic
and basically what you would say in the e-mail is we are very interested in your pocket,
to have a terms of service federal government? If the responses know that the next step would
be will you be interested in developing such a terms of service? Then you want to start
the discussion about government licensing, model, pricing Tier and as well as terms of
service and agreements. At this point I would like mark to talk to a little bit about why
he felt like when we contacted him. And ask him for the terms of service agreement.
>>Great, thank you for including me in the webinar this morning and introducing me. To
be quite honest when you first contacted me my knee-jerk was government red tape. And
I really felt like this was going to be a long term collocated process and if memory
serves our first telephone conversation was me trying to convince you that this was a
bad idea. The guidance you provided and examples of other similar services and companies that
had done this really paved the way for opening the opportunity and my initial response was
-and it didn’t take much for you and Clair to help me understand that this was not going
to be as difficult as I thought it was. Actually there were structure already in place that
help guide us. Initially I was tentative and then we turned that around.
>>Yes, Mark Hu Penelope had. The challenges was getting to yes. Many vendors are very
unfamiliar with the requirements for doing business with the federal government going
when you contact them and say we want you to do in your TOS a seems like a very cumbersome
and more importantly expensive task. That’s illegal requirement based on a lot of done
work and they paid a lot of money to lawyers to develop a term service to present them
and you recon and we say we want you to change that so Marx reaction was no. We were not
going to do that, that’s going to be a lot of money. The other part of the talent that
we had for getting a TOS when we asked about the picture pricing normally when you get
special pricing from vendors you were 13 the purchase of some sort so your coming to them
and saying we want to purchase 10,000 licenses and we absolutely are not doing that and as
Kathryn said it came to them and said we are poor and so we will really like you to consider
that give us some pricing tiers that consider the point is that we have an federal government
agencies. We weren’t guaranteeing [Indiscernible] we were only during Tina the purchase from
one purchase license for our team that was going to use this tool. So we implemented
— Katherine came up with and it was really great to have her working with us and so we
basically came up with the generic talking point specifically to the whole shebang of
what we wanted to do so the first one was good for business we basically said to Mark
was we know you see red tape, we know you see fit. We know you think it is going to
be this big bureaucracy and it is going to be too much money and not with your time but
if you adapt these terms of service your are open up your [Indiscernible] entirely new
market. We list of the federal government’s were largest consumers and so you would adjust
the making it available to us at eight to just which is a very big agency but you also
opening up to the entire federal government. That’s really big win for you. If I recall
quickly one of the things that Mark told us was your a small start up ago we haven’t quite
figured out our business plan is and everything. We don’t have a lawyer on staff. We don’t
have a legal team so this is going to require us to hire a lawyer and consultant everything.
We were trying to understand their needs as a small start up as well and we also were
able to tell them about the visibility that they would get there working with the federal
government and we also talked about you on the webinar that the community of folks and
the social media of practice that’s one of just and lasting it was a red something — this
is a community of people who are hungry for new tools like this. We told them about the
DigitalGov University water what does webinars about these new tools.
>>The next thing we — not only pursue business. Greatfor public service. If you adapt a terms
of service for the product and also make it available at was at a price that’s more affordable
than you are allowing us to use this product to deliver impact for the public good because
of federal government agency we will use the tool to deliver information to the American
public and the dynamic and interesting weight and who doesn’t want to be part of that? Who
doesn’t want to be part of the innovation and part of grading messaging and collate
to mitigate with A weight that [Indiscernible] adjust information easily?
>>If you think about the work procurement us and my role specifically what HHS does
we can indicate information about the good things [Indiscernible] preventing cancer and
food safety and preventing bullying and all sorts of things that I think most vendors
would be generally supportive of getting behind.>>Then the last thing that we put in to this
bill is we said this would be great for taxpayers and government agencies and essentially what
we said is you adapt your terms of service and the way we can sign-on and give us pricing
Tier that will make it portable for us when now allowing us to do more with less because
we want to be responsible towards of the American dollar. We are a public employee and you will
be helping us to do that amazing task that we do every single day. So not only is it
great for our budget but it means that you are also supporting the American taxpayer.
Which I think most businesses would generally be in favor of as well.
>>That we had to tackle the individual things, the individual asks we are try to get an one
of them was the Fed family pricing. The time that we contacted — didn’t have a fed-tier
pricing but they did have a Tier pricing for school so that was very encouraging to us.
What we said to them is federal government is what the largest consumers of products
and services. And if you give us a pricing Tier for federal government Amy seem like
you want — and makes a competitive and so even though we are not doing to new purchases
we are going — 20 make you look more amenable to doing business of federal government which
would make you more competitive. Sincethey had special pricing for the agitation sector
we said we don’t need you to do anything much more than what you’ve already done, you can
basically mimic this. We are try to convince the vendor that we don’t want you to do any
more level of effort beyond what you’ve already done. We are perfectly happy for you to too
busy taking what you’ve already done and mimic it and so we approached them on that they
were willing to whistle — not listen and — I would say maybe want to say consider
the fact that you know having a special pricing Tier in some form or shape make you more competitive
to federal government agencies. Then in our [Indiscernible] are talking point specifically
for this was basically if you modify your to estimate federal government standards it
doesn’t have to be I have a live. Kathryn is going to talk more about this so this is
really key for us because what we did expect the vendor to do also [Indiscernible] and
because you have a two West Point contact in your agency my cabin, they are going to
be very aware of what the things are that need to be changed and how they can change
them. We were able to give this vendor not just the talk about doing it and telling them
that it was going to be heavy lift but we execute them information so we talk to them
about GSA’s model TOS we provided back to them. We refer to specific parts of the two
West needed to be adjusted to meet federal government standards and Kathryn can talk
more about all the stuff we did in that part.>>I will say that the terms of service for
it vendor that’s not familiar with working for the federal government can similar to
overwhelming like a lot of information. Would we first make contact it into a phone call
first before sending all of this information is. We wanted to have a conversation and help
with them at ease. I didn’t want to send him an e-mail with all of this information. Itis
too much to do over in also getting that phone call to start was critical. After we’ve got
a the phone call I did follow-up with a couple different options that they could use to address
our terms of service needs. I summarize them in an e-mail so basically first I pointed
out what the other vendors on to service the second which many of them up one of their
sit in terms of service design that says if your government agency click here and these
terms apply to you which is basically the adapted model terms of service that you say
put together that has the blanks filled in and media special know your and their adapt
the product. The otherapproach that some vendors have taken is to ask you put a note into a
couple different clauses in their terms of service that says if they are in the indemnification
clause were also if you’re federal government customer this clause does not apply to what
you’re federal government customer this applies to you in this way. Then the other approach
which some vendors take is that don’t actually don’t have a clause for indemnification. I
think Twitter and a couple others take that approach and so that eliminates that but that’s
definitely on the less common and of the spectra. I put these options together and summarize
them in an e-mail for Mark included links very specific points to what each of the vendors
isolated in my summary what they did and where in the clause — end of new paragraph you
can find at this point that addresses the federal government tablet — terms of service
rate he could take that back to his folks and the company and you could understand the
options and present to them a couple approaches and see what would work best for them for
their company.>>Mark, it would be great to hear from you
how helpful that was to you in terms of Kathryn and I were to give you as much information
as possible to make it less of a heavy lift for your company to be able to meet us in
terms of our Tier pricing request in terms of service request?
>>There, I think it on the main points but R3 in particular and I will be iterate those
three. The first or the phone call over a disk on the e-mail from you and there was
nothing else I do not believe we would have gotten to yes. That’s number one. The second
was the GSA model TOS, that was really key because I could form that out to my legal
team and say here’s the starting point, here’s what you need to do and here’s where you begin.
Having that phone call, having them understand what needed to happen in providing us with
that GSA model terms of service was really helpful for increasing this. Finally, it was
a follow-up e-mail questions I had for you you provided guidance that says essentially
you are on the right track. Here’s what you need to do. Here arethe resources that you
need and it was really those three things that help me go back to the executive team
here at Glenn a mate and basically silly idea that causes to get from no to yes. That’s
really it.>>Yes, it was definitely a process that took
a little bit of time I think we reached out to Go Animate and Mark directly probably March
of last year and we’ve got the terms of service agreement and the fed-tier pricing in place
probably in November. A few months of work back and forth and I think the key is that
we were all willing to work together our team specifically really took responsibility for
given getting the vendor what they needed in order to give us what we wanted. I think
because they were amenable to making a special accommodations for us to make it easy for
us to work together. What were the results of our work together? HHS and Go Animate were
able to make a deal. IRDM lab which we talked about before, the goal is to help agents employees
elevate and they do that by coaching and funding and recognition. They are able to now use
of this software, a I told because we now have a Fed-Friendly two West. They submitted
it to GSA, we submit it to our General Counsel, it is perfectly fine to use as a federal government
agencies agency so we are good to go in using the tool.
>>Additionally we also have a pricing Tier for federal government. Go Animate to look
at our request to have fed-tier pricing. Weinitially suggested they do a pricing Tier based in
once they had done for schools but when he to look at that they realize that their schools
peers were a little bit more complicated. They restrict certain type of access based
on the plan that schools purchase and they decided that the federal government agencies
that wasn’t appropriate. The wanted us to have full access to the tool so what they
did is they actually give us a 20 percent off like it discount on any plan at the federal
government agency. Also they make theterms of service agreement very easy to find which
I think is really great. They make it available on our tour pricing and available under terms
of service page. — you as a new consumer go to the Go Animate website, you will see
very clearly a nice graphic with very big letters that say Go Animate for federal agencies
and integrated into their footer so you see plan — and from that page you also get to
the terms of service very easily and the also have a link to it in their terms of service.
>>Our team at idea Lab has been able to use the technology now to create two or three
videos to get information to people who are speak [Indiscernible] seeking to use the program
in many different ways so it is been a win for us all across the board in addition to
the fact that we are now making this tool available to federal governments. I think
we should also say that as Kathryn and I were going to the process one of the things that
two West point of contact [Indiscernible] that does this that allows us to this Mexico
but thing and we did reach out to some of the vendors that do animation — they are
not the place right now where there were able to modify their terms of service but we want
to give options to all of our federal government partners. GoAnimate was 11 years of our that
was willing to work with us and that speaks volumes about the work that we were able to
do with them and their willingness I think the work that Kathryn did in terms of giving
on the terms service information the work that we did together in terms of when it out
some of the things that all of that that they can modify to help us was really instrumental.
And getting us to yes with this vendor.>>In summary, getting to yes doesn’t have
to be deaf call. It will take some time. Were not saying it is going to happen in a week
or two. But it doesn’t have to be difficult. If I unifies reach out your vendor, seek advice
of your General Counsel to make sure you have all your ducks in a row, you’re asking the
questions. Is the model TOS provided by GSA as Mark said that was really instrumental,
it was really good starting point for them. Given the pace with the needed to work with.
And feel free to use our talking points. You might need to modify them a little bit but
ultimately I think things that we — this vendor was instrumental in getting them to
work with us after their initial reaction of no, we don’t care, this is too expensive.
Use our talking points, and use all your resources and went to reach agreement make sure — for
severe’s and which work a few months on something like this, you’re going to get yes. When you
get yes make sure your share with everyone else we can all benefit from the us and be
when you gotten, circle back to just let them know that the two West you gotten the to go
back to General Counsel so we can share the good news with the entire federal government
community.>>As Clair mentioned we reached out to another
vendor and they are not quite at yes yet but we intend to purge severe as we suggest to
everyone and hopefully we can bring them around as well. Certainly anyone at HHS can reach
out to me and I can help guide you along. And who you need to contact and how we can
get started but you’re not at HHS I’m happy to give you more details on our process. Term
service put contact for another agency, I’m happy to help you there as well and if your
program person I definitely recommend that you can touch with your terms of service point
of contact and hopefully they can provide the same sort of assistance I would be able
to provide Clair and it is helpful that Clair was across the whole but there are program
people across HHS that contact me regularly and it doesn’t matter if your in Atlanta or
across the hall, I can definitely help you and provide assistance on how to move forward
with this would’ve project.>>We will be making all this information
available on a website as well, this PowerPoint presentation and all the things we did to
get yes so you can get of information there as well.
>>All right, thank you very much. Now for those of you with us, thank you very much.
I hope you’ve enjoyed this far, now it is time to take the gloves off and ask questions.
If you take this moment to start loading up your questions ago I’m going to make one more
instruction, joining us in the room today and will probably handle at least one of the
questions is but you still. She leaves the terms– process cure at GSA so she works with
attorneys and people across government like Kathryn and Clair to be able to get people
to say yes. And as Betsy has a million stories on this him as she knows we’ve been at times
with the same provision your dealing with the same legal provision sometimes it is taken
less than a week to get terms of service. Sometimes it is taken years. And from my perspective
one of the more frustrating things in the government is you read and people — governments
[Indiscernible] the not using this or that app, with the reality of it is sometimes we
cannot the glee use the app and a set that we don’t want to or there’s not a business
case for us to use — a reduce cost, but these are congressionally mandated loss which we
must follow and if an app doesn’t want to negotiate that process if not that we are
just at present don’t understand engagement or how to respond to people of why we are
not using it is because we are bound in such a way that private organizations aren’t on,
that’s what makes this work so critical and at times like I said you have to persevere
added because we still need to keep doing the job for the American people. But now let’s
get to some questions and the first one we have is from [Indiscernible] and she asks
where can I find the model terms of service?>>This is Betsy, you can find the model terms
of service on [Indiscernible] I would recommend you search on it because it is under resources
but I can send the link out I guess and the follow-up
>>You go into the search and you go for terms of service will find there. If a lot of resources
>>If you want to go right to it if you search for terms of service that should be good.
This is our last question we have so I’m going to read it very slowly just in case somebody
wants to chime in.>>We’ve got more. I don’t know if this is
related to this webinar. Is there any consideration of security issues. Many of these apps can
only be accessed through the cloud and they cannot use it on of our secure network so
is there any thought of security issues behind the terms? Is that something we should be
looking at?>>It is important to note that the terms
of service basically generally covered the legal ability to use the tool. When you choose
a tool and you need — you need to review these things and this is a when people contact
me at HHS I will tell them yes or no we have a terms of service put these are other relevant
things that you should be able looking at and pay attention to and in many cases you
have to think about how you are using it, what kind of information you are putting into
it and the fact that it is access to the cloud is not necessarily as much of a concern, where
so how you’re using it and what sort of information you are putting into it, for example using
tour you are putting information that’s — that is acceptable were not putting in so skidoo
numbers and personally identifiable information. If you’re using it for sensitive information
that regard then you need to consider what kind of security recalls issued me and what
kind of reviews have been done, who else in the agency would need to take a look and additionally
on HHS.gov/will be of a section for social media and in terms of service one of the resources
we have there is tips for secure use of third-party websites and applications. It covers the thought
process of how you are using this tool, don’t use it for — mixer have a strong password
to and make sure you are processing the terms of behavior that HHS requires. Basically you
covered on walking out looking out of your computer we will leave your desk, that sort
of thing. And also the tools like Twitter as an example be prepared because Internet
is the Internet. — because of some application you have a risk management plan for that,
would you need to contact you need to let know, how you’re going — a summary tweak
something not so nice — you cannot that. And what kind of message — will you say to
your CIO and SEP folks in your office. Be prepared and understanding how you’re using
a tool is all part of the assessment — in this case the idea lab was using to produce
a video. Similarto what they will do with the video on YouTube. The information was
intended to be public and so it was acceptable promiscuity perspective or was not his 30
concern.>>I think that addresses that we must or
if your looking at using different tools where you are going to be using it for look at more
sensitive information than I used to recommend that people consult their security folks for
that review. Before they select the tool before we negotiate an attempt — terms of service
to tell.>>I important. When we work with our clients
one of the things were always tell them to do is to do your research beforehand so getting
to the terms of service and using the toll is what parts but if you do have a question
about if there’s street issues or — you need to contact your Information Officer to make
sure that there’s no studio commenters that need to be considering. Generally the tool
isn’t going to be loaded onto computer, there are different parameters for [Indiscernible]
online environment. Pistols disability is and all I tool so as tab was in the way that
idea lab was using the tool we weren’t entering any personally identifiable information about
the using get to make videos, — or any other tool so the way that the tool was being used
in the information being entered did not provide — present was S3 derisk an additional additional
effect that didn’t need to be downloaded it because we didn’t need — if you need to consider
the excavators were my consider free need to download software to computer and go to
different channels to make sure it was okay to do so.
>>If you just because we are very federated agency like a micro version of federal government
each sub agency within HHS has their own security office they have their own security nuances
as well — contact me that something I think that may — I would tell them to have their
folks at NIH take a look other then our folks in HHS if they are taking the lead in their
the first ones to be using that. There are cases when we have attempt — terms of service
agreement in place and people contact me and ask what I need to do, I will remind them
that they need to pay attention and review it for other sorts of requirements gone just
the terms of service.>>This covers both [Indiscernible] as my
understanding.>>
>>It is interesting because you took care of answered some of what the processes before
sending terms of service and it was asked this HHS have a policy for processes that
before the agency started Bocchini in terms of servicer use bigger double to [Indiscernible]
here I think your question was answered there. We have a question from Eric to asks has Health
and Human Services provided to go ahead to any services that that included a state or
local twist of law provision? Or in other words — Health and Human Services stuck to
our live position regarding choice of a limited to federal courts?
>>If that — state local even get involved?>>They can get involved but individually
unfortunately cannot include them in our federal provisions. So we always — is one of the
showstoppers, one of the five or six owe shopper still clause which requires the toys of lost
to be in federal court.>>I find when I look at templates that if
they have that they have other automatic stay usually have limitation clause as well. I
picture this the same group of lawyers does this run the table and make agreements for
all products because many times we have the same but the language in there so —
>>A lot of times the copy and paste.>>[Overlapping/Multiple speakers]
>>It is actually only thing in there. I would check with our General Counsel and look at
what kind of risk we would be ring ended my conversation with our General Counsel I work
with them for terms of service for years since the beginning of our agreement and sub there
for Miller and they are very happy to work with us. They tell puns about how they can
be party to — they like working with us on terms of service because it is cool and interesting
for social media that some of the other [Indiscernible] so I have a great working relationship with
them. I encourage anyone who was going to go down this line to have a great relationship
or build a relationship with their General Counsel. If I have a question or FY– if that
was only thing in there I would have a conversation with our General Counsel our work one of the
things I was going to say is art General Counsel emphasizes is that you have to look at everything
on the spectrum of risk. Everything we do as federal employees carriers some amount
of risk ago shoring up to work of the unwanted onto computers carries risks. Die is my guiding
principle with much of the work that I do with terms of service. If that was the only
clause and there, I might have a conversation with our General Counsel about the level of
risk we would be assuming but I have not seen a case with that’s the only clause and their
stomach may I do suck us a risk box>>Eric says we have [Indiscernible] endorsement
issues a special related to this was that our identification of the upper of services
or advertisements in some way. Advertisement [Indiscernible]
>>Everybody is talking there here right now. Everyone is wondering what to do.
>>>>
>>Endorsement has been a gray area. A
gray area, sticky area, a vague word over the years and social media in general not
even specific to terms of service. We strongly use tools that is very clear what tool we
are using and it is not a US although we are using Twitter or Facebook or YouTube that
we are surely not saying this is the federal government’s choice of a service to use. Which
is why when they program office approached us with look at what other service providers
provide this service, what are the other options are available to them that we have anything
within existing tubes is, what other providers out there and we e-mailed both Go Animate
as well as couple other vendors as well. Go Animate was the first one that was ready and
willing to move forward to work with us and we are still going to reach out and continue
to work with the other folks. I think in terms of endorsement which is different from advertising
I want to say that also. We are not declaring that this is the product that the federal
government is using or should use, we are saying this is one of many tools that are
available and this is how we move forward with that. As far as advertisement, that should
be looked at what you’re looking at the tool to determine if it meets your needs and usually
get does include advertising. This is not new to our terms of service discussion and
anyway emotionally Twitter recently and is well as Facebook and YouTube they all have
had some sort of advertising component in their service and as part of our negotiation
we did ask them for federal a special federal consideration that would allow us to remove
advertisements. — has the components so component so it is not going to be all but in all cases.
>>In the case of GoAnimate specifically, that something we flagged when we started
thinking about this when I deal that Q2 was that it tab, they used the pricing Tier of
the software that had a watermark on it and we wanted to make sure that we weren’t in
some way endorsing it so I talked to Kathryn about it and said are we good here because
it is a gray area [Indiscernible] you something in there with a watermark are you endorsing
and after a lot of discussion — we can to the occlusion that it is not necessarily an
endorsement, it is just a tool so for GoAnimate that first pricing Tier if you choose that
one there’s a watermark of the tool on there. If you go to the next pricing tool that next
pricing sure that there isn’t a watermark so it is question inevitably within your agency
you will have to have a discussion. After my discussion with Kathryn I don’t think there’s
a blanket federal government agency policy, that’s gray area and best practices, in general
would you want to use the tool as an anonymously as possible but it is not always possible
especially in the [Indiscernible] was will have you going to have to let people know
what your using and [Indiscernible] you are using for your purposes and it is what works
for now.>>We are sure that when we do post it on
digital — that we say the federal government doesn’t endorse spots or recommend these products.
We offer them for your consideration.>>Do you know what I do endorse? This webinar
today. Thank you so much everyone for joining us. Everybody outthere and DigitalGov University
land, remember we are going to be sending out that feedback survey is also going to
have more information because we’d when have links to the resource that were talked about
today. It is going to have things we talked about, more information for you, but once
again, please fill out the survey and let us know how we are doing and how we can make
things better for you. With that said,, for multi-strat DigitalGov University, Health
and Human Services, and all, thank you and have a fantastic and productive day.
>>[Event concluded]

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