[harryf]

> "This section shall only apply to work performed on company time with company equipment,"

The question then is who has to prove company time and equipment were used? Employer or employee?

I ask because practically its going to be a grey zone. If you accessed your private gmail account during office hours and happened to see you have a potential customer lead for your out-of-hours project, are you in violation?

[wpietri]

Technically, yes. Practically, it only matters if they decide to sue you and can prove you did it. Which will probably only happen if you end up doing something competitive. Or if they're dicks.

In your shoes, I'd keep them very separate. A friend has a work smartphone and a personal smartphone for just this reason. But beyond the technicalities, it's only polite to stay focused on your employer's work while you're at their place or otherwise on their dime.