NING, Interactive Inc. (“NING”, “we” or “us”) is an online service provider that provides a set of services and technology applications that enable users to create their own Networks utilizing our technology platform (the “NING Platform”). NING is not involved in the management of Networks on the NING Platform and is not involved in the decisions relating to the focus of Networks or the Content uploaded or published to Networks using the NING Platform. These are your Networks and, as a Network Creator, you are responsible for managing them in all respects (including the actions, conduct, and Content of Your Members) in compliance with the NING Terms of Service.
- How the NING Platform Operates
- Collection of Personal Information
- Passive Data Collection
- Third Party Advertisers
- Information Received From Third Party Sources
- How NING Uses Personal Information
- When NING Discloses Personal Information
- Change of Ownership
- Your Choices
- Privacy Settings
- Email Communications and Unsolicited Commercial Email
- Third Party Services
- International Users
- Contacting Us
1. How the NING Platform Operates
2. Collection of Personal Information
In order to create a Network using the NING Platform, Network Creators must register for account credentials. When you register for account credentials, NING collects certain Personal Information, including your name, email address, and a password that you create. In addition, Network Creators must provide their credit card or other payment information and telephone number (for customer support purposes). NING or its third party payment providers use Personal Information related to your billing information solely to administer your services on the NING Platform and to process your transactions including your purchase of NING Product Plans, Support Services, and upgrades. Network Creators and Third Party Application Developers might use the NING Platform to collect, use, and retain all information, including Personal Information and Network Data, that is disclosed and uploaded by Members in connection with their use of Networks. “Network Data” means all data collected from a Network or Member and includes registration information (including the Internet protocol (IP) address used by a Member at the time of registration), profile data, answers to Network profile questions, all Content and other information contributed by Members, and statistical information and analytics relating to usage and interactions within the Network. When a User signs up to become a member of a Network, he or she is providing Personal Information to that Network’s Network Creator and such Network Creator and its designated administrators will have access to all Personal Information and Network Data associated with any such Network. In addition, Network Creators will have the ability to reset Member passwords in the event that a Member loses or can’t remember it. Network Creators and Third Party Application Developers might also collect additional types of Personal Information. For each Network you use, you should check with the Network Creator regarding its policies governing its collection, use, and disclosure of Personal Information. Additionally, for each Third Party Application that you add to your Network or your profile, you should check with the Third Party Application Developer regarding its policies governing its collection, use and disclosure of Personal Information.
Like most web-based services, NING automatically receives and records information on our server logs from your browser when you use the NING Platform. We may use a variety of methods, including clear GIFs (also known as “web beacons”), and “cookies” to collect this information. The information that we collect with these automated methods may include, for example, your IP address, NING cookie information, a unique device or user ID, browser type, system type, the content and pages that you access on the NING Platform, and the “referring URL” (i.e., the page from which you navigated to the NING Platform). We do not link this automatically collected data to other information we collect about you. We may combine this automatically collected log information with other information we collect about you. We do this to improve our marketing and analytics.
Third parties with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity use LSOs such as HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5 LSOs.
4. Behavioral targeting/Re-targeting
We partner with a third party to either display advertising on our Web site or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests.
5. Information Received From Third Party Sources
6. How NING Uses Personal Information
We may use Personal Information to operate, provide, improve, and maintain the NING Platform, and our other services and systems; to develop new products and services; to prevent abusive and fraudulent use of the NING Platform and our other services and systems; to send you administrative messages, and information about Networks, content, and NING services in which we believe you may be interested; and for other administrative and internal business purposes.
7. When NING Discloses Personal Information
NING Service Providers
We may provide Personal Information to third parties for their use in performing internal business functions both for the NING Platform and Web site (e.g., payment processing, maintenance, security, data analysis, email transmission, or data hosting) on our behalf. Transfer of personal information collected from the NING platform to subsequent third parties are covered by the provisions in this Policy regarding notice and choice and the service agreements with our users.
We may disclose Personal Information if we have a good faith belief that doing so is required by a subpoena or other judicial or administrative order or otherwise required by law. Additionally, we may disclose Personal Information where we, in good faith, deem it appropriate or necessary to prevent violation of the NING Terms of Service, or our other agreements; take precautions against liability; protect the rights, property, or safety of NING, any individual, or the general public; maintain and protect the security and integrity of our services or infrastructure; protect ourselves and our services from fraudulent, abusive, or unlawful uses; investigate and defend ourselves against third party claims or allegations; or assist government enforcement agencies.
In the event of a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, we reserve the right to transfer all of your Personal Information, including email addresses, to that entity. We will use reasonable efforts to notify registered users of such a transfer (by a posting on our home page or elsewhere on the NING Platform, or by email to a Member’s email address that was provided to us, as chosen by us in our discretion).
We use industry standard security measures to protect against the loss, misuse, and alteration of Personal Information under our control. Although we make good faith efforts to maintain the security of such Personal Information, we cannot guarantee that it will remain free from unauthorized access, use, disclosure, or alteration. Further, while we work hard to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent “hackers” or other unauthorized persons from illegally accessing or obtaining this information. We do not assume any liability to third parties whose information you include in your address book, contact list or any similar items, or which you post or transmit in any Content on a Network. To help maintain the security of your account credentials, please keep your password secure. If Network Creators submit certain sensitive data to NING, such as your payment information and log in credentials, we encrypt that data using SSL encryption. If we learn of a security breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the NING Platform or providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the NING Platform. If a security systems breach occurs, we may post a notice on our homepage, or elsewhere on the NING Platform and may send email to you at the email address you have provided to us.
The Children’s Online Privacy Protection Act (“COPPA”) protects the online privacy of children under 13 years of age. We do not knowingly collect or maintain personal information from anyone under the age of 13, unless or except as permitted by law. Any person who provides Personal Information through the NING Platform represents to us that he or she is 13 years of age or older. If we learn that Personal Information has been collected from a user under 13 years of age on or through the NING Platform, then we will take the appropriate steps to cause this information to be deleted. If you are the parent or legal guardian of a child under 13 who has become a Member, please contact NING at privacyinfo [at] ning [dot] com to have that child’s account terminated and information deleted. The following are some resources that may help parents and legal guardians in monitoring and limiting your children’s access to certain types of material on the Internet. While we do not endorse these products, we provide information about them as a public service to our community.
You may, at any time, update, correct, or delete certain categories of Personal Information that you have provided to us by signing in to your Network (and NING.com if you are a Network Creator) and updating the Personal Information. Additionally, you may update, correct, or delete certain categories of Personal Information within your profiles on Networks by following the directions here. Members may also, at any time, elect to leave a particular Network and delete their content on such Network by following the directions here. A Member may also request the deletion of any additional account information held by NING relating to such Member by contacting us at privacyinfo [at] ning [dot] com, or at the address set forth below in the “Contacting Us” Section. Please note that certain categories of content that you may have posted, such as groups that you have created or discussions that you have started, will not be automatically deleted as part of this process. This is because other Members may still be using those groups and/or discussions and any changes may make them non-functional. If you wish to request deletion of these remaining content categories (such as groups & discussions), please specially contact the Network Creator.
We will retain your Personal Information and the personal information we process on behalf of a Network Creator for as long as your account status is active or as needed to provide you services. We will retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
NING 2.0 Networks – If you belong to a Network that was created prior to March 11, 2013, which we refer to as a “NING 2.0 Network”, the following privacy settings are available on that Network:
As a Network Creator, you control certain privacy settings on your Network (known as “Network Privacy Settings”). Network Creators can edit these settings at any time by signing in to your Network and clicking on “Privacy” from the “My Network” page. Network Creators can choose from the following Network Privacy Settings:
- Public– Your Network is visible to everyone (Members and non-Members). Anyone can sign up to be a Member. As for which parts of your Network are visible to non-Members, there are two further options:
- Everything – Non-Members can see all pages of your Network.
- Just the Main Page – Non-Members will be prompted to sign up to your Network before they can see any page other than the Network’s main landing page.
- Private– Your Network is only visible to Members. Anyone who visits your Network will first be directed to a Member sign in page. As to which non-Members will be able to sign up, there are two further options:
- Anyone – Anyone can sign up to be a Member.
- Only Invited People – The only people who can sign up to your Network are those who have received an invitation from a current Member or an invitation link from the Network Creator or an administrator of your Network.
To further enhance Network privacy, Network Creators can set “Private – Only Invited People” (as explained above), and then also check the “Approve new members before they can join” box on the “Controls” page. The “Controls” page is located under “Members” on the “My Network” page. Additionally, Members or Network Creators have their own individual privacy settings on each Network for certain categories of information, such as profile information, list of friends and content that you post. To adjust individual settings, sign in and click on “Settings” in the right hand column. This will take you to a “My Settings” page, where you’ll find a “Privacy” link on the left hand side. You may choose from the following individual privacy options for your profile page and friends; your blog, photos and videos; and your events:
- Anyone– Anyone who is able to access the Network can view your profile and/or content.
- Members – Only Members of the Network can view your profile and/or content.
- Just My Friends – Only Members of the Network that you have added or accepted as a “Friend” can view your profile and/or content.
- Just Me – Only you can view your content.
These settings are not retroactive, so if you’d like these privacy settings to apply to content you’ve uploaded in the past, you must update the privacy settings of the individual content item you previously uploaded. Even if you’ve changed your privacy settings as described above for your profile, certain portions of your basic profile page (such as your name and profile photo), will always be visible to people who can access the Network. The remaining portion of your basic profile (such as gender, location and age/birthday), can be hidden or disabled by accessing the “Profile” section of your Settings page. Regardless of the individual privacy settings selected by a Member, please note that Network Creators and their designated administrators will still be able to view that Network’s profile pages, lists of friends and content in full.
NING 3.0 Networks – If you belong to a Network that was created on or after March 11, 2013, which we refer to as a “NING 3.0 Network”, the following privacy settings are available on that Network:
With NING 3.0 Networks, there is no single privacy setting on your Network to make all pages private or all pages public. Instead, you set the privacy option for each individual page you create, which allows you to choose highly customized network privacy options. Network Creators can edit the privacy of each page by signing in to your Network, clicking on “Site & Pages” in the Social Site Manager and going to the General section of each page. This is where you can set access permissions for a page.
Network Creators can choose from the following Page Privacy Settings:
- Everyone (Public)– This means that everyone (members and non-members alike) can view this page.
- Members– Only Members of the Network can view this page; visitors will be prompted to sign in.
- Featured Members– Only featured Members and Administrators of the Network can view this view page.
- Administrators– Only Administrators of the Network can view this page.
- Member Category– Only Members of a specific member category can view this page.
In addition, Network Creators can change the default privacy setting for all member profile pages on the Network. For example, if you want to prevent member profile pages from showing up in search results, you may wish to change the default privacy setting from “Everyone (Public)” to “Members.” You can edit the default Privacy Page Settings for member profiles by signing in to your Network, clicking on “Site & Pages” in the Social Site Manager and going to the General section of the Members page.
Network Creators can choose from the following Privacy Page Settings for member profile pages:
- Everyone (Public)– This means that everyone (members and non-members alike) can view member.
- Members– Only Members of the Network can view member profile pages; visitors will be prompted to sign in.
- Friends– Only friends can view member profile pages.
Members and Network Creators can edit the personal privacy settings on their profile page to hide their age, gender or birthdate. You can also set your profile page to be visible to everyone (default), only members of the NING Network or just to your friends on the NING Network. To change the privacy of your profile page, click on the edit icon that looks like a pencil on the top right of your profile page. You should land on the “Profile” tab in your personal settings area. Choose the level of privacy you’d like from the “Profile Page Privacy” drop down and then update the page. Please see here for more information on how to control the privacy settings of your profile page.
As with NING 2.0 Networks, regardless of the individual privacy settings selected by a Member, Network Creators and their designated administrators will still be able to view that Network’s profile pages, lists of friends and content in full.
13. Email Communications and Unsolicited Commercial Email
We may send you administrative messages, and updates regarding your account, the NING Platform, and our services, by email. Network Creators may also send administrative or promotional messages to the extent permitted by applicable law and the NING Terms of Service. You may indicate your preferences regarding certain administrative email messages by following the directions here. Additionally, you can choose to opt-out of receiving messages from NING or a Network by following the directions on the bottom of the email message you receive. The NING Terms of Service prohibit Users from engaging in any activity involving the sending of email in violation of applicable law, including CAN-SPAM and other laws regulating unsolicited commercial email. Violations of these policies may result in immediate termination of service and legal action against any senders or initiators of such messages.
NING Interactive, Inc.
1906 El Camino Real
Menlo Park, CA 94027
Attn: Privacy Matters