Components of a Social Media Marketing
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The four features of a legally astute manager include a proactive attitude towards legal regulations and issues: the capacity to employ informed judgment when faced with decisions involving legal implications: recognition of how crucial the law is to the success of the company: possessing the knowledge certain laws, tools, resources, and regulations. A social media marketing manager should be certain in these requirements due to the fairly new perception of social media when it matches up to other avenues of marketing like print, radio, and television.
It is crucial for a social media marketing manager to recognize the existing laws that influence his/her company or organization in regard to data mining, interstate commerce, taxation, and customer privacy. This manager should carry out the responsibility for recognizing and following the various regulations and rules involving his or her specific industry. This responsibility will be featured by undertaking a proactive approach in carrying out research, working with the business legal sections, and practicing this behavior in front of both employees and clients.
Social media presents itself in a steady flow of information, feedback, and commitment from customers; consequently, a manager should be aware of how to respond and utilize this information in a thriving manner while observing ethical and legal standards. He or she should recognize how consumer’s feedback can be shared and managed without encompassing privacy. They must also be aware of how to get this information in a manner that can be employed for both marketing and improvement. In addition, maintaining track of what consumers are saying concerning their brands, marketers are also searching for ways to involve more consumers (Aquino, 2012).
Finally, due to the rechartered field of social media, it is crucial for a social media marketing manager to be aware and updated on legal decisions, rules, and legislation formed in reaction to the social media revolution. There are several ways a customer can use transactions via cyberspace with the help of social media. For instance, negotiate contracts in order to establish trust and relational governance methods. Due to online transactions, an organization must enhance and safeguard all of the resources. An organization must provide different options for the transactions by customers such as a safe web page. This indicates that once all this has been completed, it should create more opportunities for jobs.
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When carrying out an analysis of the various techniques of alternative dispute resolution (ADR) and considering them for as customers’ disputes from customers purchasing via social media, it is crucial to recognize their differences and legal implications post-resolution. Mediation, arbitration, and negotiation are the most frequent forms of ADR that have been discussed. Hybrids of these earlier mentioned forms, ministerial and summary jury trials are also the existing techniques of alternative dispute resolution. Negotiation and meditation are usually the informal methods that are employed in the early stages of customer disputes and are ultimate in most escalated occasions as well.
Typically the disputants stand for themselves or may have some legal council to characterize them, and a jointly agreed decision is realized after both parties offer their opposing views. Since the fairness and the ability of the arbitrator are the decisive fundamentals in any arbitration, the selection process is a crucial feature of arbitration (Arbitration, n. d.). Arbitration decisions are binding and are upheld in court unless common imperfections in the process are existing. Due to the nature of arbitration, mediation is more efficient and less costly; however, both are more conservative when judged against a court trial involving time-consuming court trials and lawyers.
Most disputes from consumers are resolved by employing ADR techniques, preferably mediation because of these reasons and more significantly because most of the processes of mediation save both parties from public scrutiny and poor publicity. These are the reasons why many organizations are undertaking business with their customers via social media; include arbitration clauses within their conditions and terms of work, and, at the same time, entering into a contract with their consumers and clients.
Online Dispute Resolution in the context of the consumer is the use of ICT methods and tools usually alternative to the court system and employed by consumers and businesses to tackle conflicts that emerge from the economic transactions between the parties, mainly in e-commerce (Aquino, 2012). It is usually differentiated from other fields where the online dispute resolution is employed, such as in business to business, in the public environment to resolve government to civil disputes, and in the resolution of disputes that are related to intellectual property.
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There are several federal regulations that are put in place to offer protection for consumers when they take part in transactions via social media sites. These regulations range in nature from safeguarding the electronic transfer of funds, taxation on goods, and limitations of state laws restricting interstate commerce. These laws are growing significantly as more and more customers prefer to undertake their businesses via the internet and social media sites. A consumer should understand the responsibilities and the rights when involving themselves in e-commerce as the business is also responsible for adhering and reacting when these rights are violated.
The E-Sign Act offers protection to businesses and customers by enabling contracts to be signed without paperwork as the Federal Trade Commission has various protections put in place for purchases that are made online that are more than 25 dollars. There are several regulations established by the federal government; however, there are various ways a customer can practice and control safe techniques for transactions. This encompasses employing reputable organizations to buy from, using secured browsers, appreciating terms and conditions before purchasing, and, finally, maintaining records of all the transactions.
Businesses all over the world have been forced to take precautionary measures when dealing with foreign transactions across the seaboards. Consumers will continue buying from them despite the fact that their products are produced across the seas. The federal government should safeguard consumers from social media transactions, the reason is that the consumer must feel secure to carry out the purchases. The government can manage these transactions by beefing up the policies of privacy on social media and other sites that enable transactions across nations.
The three branches that constitute the federal government are the judicial, executive, and legislative. The authority of the state is divided among these branches in a bid to form the shared allocation of responsibilities in regard to tackling and safeguarding the rights of Americans. The executive branch is comprised of the cabinet sections and the president. The judicial branch consists of the courts while Congress represents the legislative branch (Bagley, 2013). While each department shares in the impact of laws regulating customer transactions, the legislative branch is more important. Due to their authority to control commerce with foreign states as well as among nations and, at the same time, create laws involving such commerce, Congress has the most significant influence in regards to customer transactions via social media outlets.
Congress is chosen to stand for the constituents, including large and small businesses and individuals from the areas they characterize. They outline and pass legislation that directly regulates and influences commerce on all stages, including internet transactions and techniques that are involved in those transactions such as billing, shipping, and consumer rights to privacy, contracts, and advertising. Power is shared within the federal government among the executive, legislative, and judicial branches (Bagley, 2013).
The judicial branch normally interprets and employs the law, depending on the particular nation. It acts according to state law and how it is validated if applied to social media. The executive authority allows the president, with the counsel of the Senate, to employ Justice. The legislative, on the other hand, often have the capacity to adopt the budget and lower or raise taxes.
Agency Relationship That Exists on Social Media Sites
The agency is probably the most persistent legal relationship existing in the business world (Bagley, 2013). There are two types of agency relationships. These include an independent contractor or employee of the principal. They both use social media to advertise services or products. When an independent contractor wants to utilize social media for advertising, the better part of funding originates from their pockets. This will leave the independent contractor with liability problems if social media does not meet the advertising requirements.
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However, if an employee is working for the organization, advertising should be done by the organization. All of the advertising on social media is catered for by the organization and out of the worker’s hand, therefore, the organization will have the benefit over the independent contractor. In addition, both agencies benefit from advertising on social media and get transactions from their customers.
When taking into consideration the agency relationship that exists between an organization using the site for advertising and the social media provider, one would realize that this is in a category of the principle-independent contractor. The employer-worker relationship is not applicable since the social media provider is not under the management of the organization's advertising. There may be no agency relationship at all depending on the circumstances unless the social media site is in a position to enter into contracts on behalf of the organization. If the aim is to make the best determination concerning the relationship, one would take into consideration various factors as put by Bagley. According to this author, the fact whether an individual is a worker or an independent contractor depends on what he or she does and not on the relationship that is defined by the parties (Bagley, 2013).