Data Privacy Addendum
This addendum (“Addendum”) is made by and between Ning Interactive Inc., (the “Ning”), and the Network Creator ("NC") to the parties’ agreements (Terms of Services) for as long as the parties conduct business engagement (collectively, the “Agreement”). Each shall herein be referred to as a Party and collectively the Parties. In case of any inconsistency or conflict between the Agreement to this Addendum, the terms of this Addendum shall prevail.
1.1. “End User” means a human end user of NC’s Target Service.
1.2. “Target Service” means any site, product or service of NC, to which Ning provides Services as per Ning Terms of Services. Target Service shall mean to include any service, product, creative, offer, ad or content available therein, or served by which.
1.3. "Network Creator or NC” means network creator that uses Ning’s Services/platform.
1.5. “Sensitive Data” means data that is given a higher level of protection under applicable local law and includes social security numbers and other government-issued identifiers, insurance plan numbers, financial account numbers, precise information about past, present, or potential future health or medical conditions or treatments, including genetic, genomic, and family medical history, sexual orientation or other sexual information. In certain jurisdictions such as Australia and European Union, Sensitive Information may also include information that reveals race, financial or criminal history, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or data that concerns an individual’s health, whether or not tied to PI.
1.6. “User Data” shall mean an anonymous and non-PI data about an End User or group of End Users.
2. OBLIGATIONS, REPRESENTATIONS AND WARRANTIES
2.2. NC will only collect and use Personal Information that was explicitly consented by End Users. Such consent shall be informed and obtained either directly by NC through the Target Service, or as shared with NC by Ning based on informed End User Consent and subject to Ning’s Privacy Statement and/or explicit instructions or restrictions.
2.3. NC shall immediately edit or erase, if applicable and as the case may be, any PI that Ning instruct NC to erase, based on End User’s request.
2.5. NC shall not send, refer or upload any PI to Ning, unless consented by End User (collection, sharing and usage by Ning, with accordance to Ning’s Privacy Statement), and unless required by Ning for a fully disclosed and agreed upon purposes and usage.
2.6. If either Party collects or otherwise involves in collection, processing and usage of PI, it shall apply diligent measures and control to secure and safeguard any PI and the access to which.
2.7. Each Party will notify the other Party in writing of any limitation or restriction of User Data and/or Personal Information sharing or using, or, of any End User’s request to update, edit, or completely erase Personal Information.
2.8. Notwithstanding anything to the contrary in the Parties’ Agreement:
2.8.1. NC acknowledges and agrees that it is its responsibility, liability and respectively undertakes to ensure that any data collection practice is disclosed, consented and treated in accordance with such disclosures and consent.
2.8.2. Each Party will indemnify, defend and hold harmless the other Party and/or its affiliates, directors, officers, employees, agents, licensors, and assigns (“Party’s Indemnitees”), from and against any and all losses, damages, liabilities, deficiencies, actions, judgments, awards, costs or expenses of whatever kind, including reasonable attorneys’ fees, any third party claim, suit, action or proceeding (“Claim”) arising from, connected with or relating to, (i) any breach of the obligations under this this Addendum, (ii) any violation and/or willful misconduct or unlawful or negligent act or omission by the indemnifying Party related to applicable privacy protection laws.
2.8.3. Each Party's total aggregate liability for all damages and losses under this Addendum will not, under any circumstances, exceed the amount of fees paid by NC to the Ning under this Agreement within the twelve (12) months preceding the date of bringing a Claim.