1. How does it work?
anonymessage™ is an externally hosted service linked
to your company intranet site. Employees use our anonymous, secure
messaging service to communicate with your Audit Committee members
via web mail, voice mail, or postal mail. Employee anonymity is
maintained at all times. Message content is kept secure and confidential.
Confidential address data for Audit Committee members is not exposed
to employees. Each message is assigned a case number for tracking
and follow-up purposes. Compliance reports allow company administrators
to ensure that employee allegations are received and read by Audit
Committee members.
2. How does your voice mail box feature work?
Your employees will have access to an external voice mailbox, dedicated
exclusively to your company, with its own unique telephone number.
Any message left on the voice mailbox will have a case number assigned
and will then be electronically forwarded to all Audit Committee
members.
3. How does your post office box feature work?
A dedicated postal box address will be assigned to your company.
Any message received at this address will have a case number assigned
and will then be electronically forwarded to all Audit Committee
members.
4. Why not use our own voice mailbox?
You could create your own voice mailbox, but it may not be anonymous
if your phone system tracks caller id. Employees may also question
the confidentiality and security of an internal voice mailbox. In
addition, you will have the cost of checking the voice mailbox regularly
and forwarding the messages to your Audit Committee in a secure
manner. It would require additional effort on your part to create
the follow-up system, tracking and compliance reporting provided
by anonymessage ™.
5. Why not use our own post office box? Employees may question
the confidentiality and security of post office box that you maintain.
In addition, you will have the cost of checking the mailbox regularly
and forwarding the messages to your Audit Committee in a secure
manner. It would also require additional effort to create the follow-up
system, tracking and compliance reporting provided by anonymessage™.
6. Why not just direct my employees to call our general counsel's
office?
It is not clear that having an intermediary receive employee allegations
will meet the requirements of Sarbanes-Oxley and related regulations.
It is also not clear (especially if general counsel is an in-house
employee) that such communications will be perceived to be anonymous
and confidential. If you use outside legal counsel, substantial
costs may be incurred based on their hourly fee structure. There
will be additional effort to create the follow-up system, tracking
and compliance reporting provided by anonymessage™.
|
|
7. Why not just have employees use an e-mail alias via Yahoo!
or Hotmail?
While using a free third-party e-mail service such as Yahoo! or
Hotmail would alias the employee's identity; there are two major
problems with this approach. The employee would not know the Audit
Committee members' e-mail addresses, and they may choose not to
make this information public to all employees. The second problem
is that there would be no way of telling that the message actually
came from a company employee and not from a competitor or outsider
trying to disrupt your company's operations. In addition, you would
not have the tracking and compliance reporting provided by anonymessage™.
8. How can Audit Committee members follow up on employee allegations?
Each employee message is automatically assigned a unique case number,
which is provided to both the initiating employee and the receiving
Audit Committee members. This case number can be used by the Audit
Committee to reference a specific message. The employee may choose
to provide contact information, including an anonymous personal
e-mail address, to allow the Audit Committee to communicate directly
in order to answer any follow-up questions. Alternatively, the case
number can be used by the Audit Committee to communicate with the
entire employee population to request additional information if
desired. In this way, employee anonymity is maintained while still
providing a mechanism for follow-up if more information is necessary.
9. How can I track usage of the system for compliance reporting?
Each employee message sent and message received and acknowledged
by Audit Committee members is tracked automatically in the anonymessage™
system. A report listing case numbers only, without reference to
content, and indicating which Audit Committee members have reviewed
the allegation message, is visible to Company compliance officers
or auditors. Each Audit Committee member sees their own list of
messages which have been received, with acknowledgement status.
10. What is the involvement required from my IT department?
There are minimal technical requirements in order to support the
anonymessage™ system. We recommend that a link (Company-specific
URL is provided) to your personalized anonymessage™
home page be added to your company intranet, and that the location
of this link be communicated to your employees in a prominent manner.
Communications plan templates, including management letters and
e-mails to employees, are provided with the service. All other system
configuration and administration is easy and interactive and is
designed to be accomplished by personnel with no technical expertise.
Our help desk personnel are ready to assist you with any customer
support questions.
11. What are the penalties for failing to comply with Sarbanes-Oxley?
Penalties for failing to comply with Sarbanes-Oxley and its related
requirements can be severe. Your company's stock may be delisted
from the major exchanges if you are not in compliance. Potential
penalties for company executives include up to 25 years in jail
and fines of up to 5 Million dollars. In addition, employees who
feel that they have been terminated unfairly as a "whistle blower"
can sue for monetary damages and restoration of their employment,
highlighting the importance of maintaining employee confidentiality
and anonymity in handling complaints.
|