INDIE.NINJATM PRIVACY POLICY

Last updated: June 1, 2017

www.indie.ninja (the “Site”) and the Indie.NinjaTM mobile application (the “App”, and together with the Site and the services provided therein, the “Platform”) are owned and operated by Indie.Ninja, Inc. (“Company”).  Company is committed to protecting the privacy of all current and former Users of the Platform, and has published this Privacy Policy to explain how Company treats information that you submit to Company, or that Company collects from you, in connection with your access to and/or use of the Platform.  Please read this Privacy Policy carefully prior to your registration for, access to, and/or use of the Platform.  If you do not agree to abide by this Privacy Policy, please do not use the Platform or register as a User.  

By accessing, using, or becoming a registered User of, the Platform, you expressly consent to and accept the information collection, disclosure and use practices described in this Privacy Policy.  This Privacy Policy is governed by the Terms of Service (available here[a]) (“Terms of Service”), which includes all disclaimers of warranties and limitation of liabilities.  All capitalized terms used but not otherwise defined in this Privacy Policy have the respective meanings assigned to such terms as set forth in the Terms of Service.

  1. INFORMATION WE COLLECT

In connection with your access, use, and/or registration as a User, of the Platform, Company may collect the following information (collectively, “Information”):

While Usage Information and Platform Data are generally non-identifying on a standalone basis, Company may in certain instances combine this information with other information it collects, as described above.  If Company ever combines Usage Information or Platform Data with Personal Information or other information that enables you to be identified, Company will treat such combined information as Personal Information.  

  1. ACCOUNT PROFILES; GIG POSTS AND APPLICATIONS; USER RATINGS/FEEDBACK; PUBLIC AREAS

If you become a registered User of the Platform, you will be required to create an Account profile as part of the registration process, which consists of information about you, and may include Personal Information, photographs, examples of your work, information on work previously performed via the Platform and outside the Platform, skills, feedback/rating information and other information, including your Account username (“Profile”).  The information in your Profile may be visible to all other Users of the Platform, and in certain cases the general public, subject to the privacy choices you make within your Account Profile settings.  You may edit certain information in your Profile via your Account and may choose to limit who is able to view certain content you post to your Profile.  If, in any case, you believe that an unauthorized Profile has been created about you, you can request for it to be removed by contacting us at info@indie.ninja

If you choose to post a gig request via the Platform, the contents of such gig post will be viewable publicly to all Users of the Platform, including certain Profile information that you have elected to make public via the Platform, which may be used to identify you as the User soliciting the gig request.  If you choose to apply for a gig, certain Profile information that you have elected to make public via the Platform will be viewable by the User who created the gig request.

When gigs are completed, we ask Users to rate their experience with the other Users with whom they have completed such gigs, as well as to provide feedback about such experiences.  Any feedback you provide or receive via the Platform will be publicly viewable by other Users of the Platform.  On very rare occasions, we may remove feedback upon a User’s request pursuant to the relevant provisions of our Terms of Service.

As discussed in the Terms of Service, the Platform contains Public Areas that enable you to interact with other Users and upload User Content to community-based features and services provided by the Platform.  If you choose to communicate in, and/or upload User Content to, Public Areas, such communications and/or User Content may be publicly available to all, or certain specific, other Users of the Platform, and in certain cases the general public.  Furthermore, if you choose to voluntarily disclose Personal Information in Public Areas, that information will be considered public information and the protections of this Privacy Policy will not apply.

  1. STORAGE AND TRANSFER OF INFORMATION

Company is a United States company.  Information collected by Company may be stored and processed in the United States or any other country in which Company or its agents maintain facilities. By using the Platform, you expressly consent to any such transfer and storage of Information outside of your country of residence, where data protection laws may be different and/or less stringent.  Company makes no representation or warranty with respect to any duty to permanently store any Information you may provide.  By using the Platform and providing us with Information, you waive any claims that may arise under your own or any other local or national laws, rules or regulations or international treaties. We may from time to time transfer or merge your Information collected offline to our online databases or store off-line information in an electronic format. In the event we decide to allow advertising on the Platform, we may also combine Information we collect online with information available from other sources, including information received from our advertisers and promotional partners.  This Privacy Policy applies to your Information for as long as your Information is in our possession, even if you terminate or discontinue your use of the Platform.

  1. USE OF INFORMATION

Company uses your Personal Information to identify you and to potentially improve the Platform, maintain security, and customize the content you see via the Platform.  Your Personal Information may also be aggregated and used by Company for market research, project planning, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity, to enforce the Terms of Service, for other internal purposes, and as otherwise described to you at the time of collection. Company will obtain your consent for any use of your Personal Information beyond those set forth in this Privacy Policy and the original uses for which you provided your consent.

Company also uses Information about you to analyze Platform usage, improve or customize the Platform, customize the Platform’s content, address your inquiries and respond to your requests, questions and comments, manage your Account Profile, facilitate communications between you and other Users (although you acknowledge and agree that Company is not obligated to do so), complete your transactions, and as otherwise set forth in this Privacy Policy or as Company believes necessary to protect its rights and the rights of others, including by enforcing the Terms of Service and all applicable law.  You also agree that Company may use your Information to contact you. Unless you specifically opt out, you agree that Company may use your Information to deliver information to you that is relevant to your use of the Platform such as administrative notices, product enhancements or Platform “newsletters”, or that, in some cases, is targeted to your interests, such as targeted advertisements, or featured gig listings that Company believes you may be interested in learning more about. By accepting the Terms of Service and this Privacy Policy, you expressly agree to receive this information, unless you specifically opt out in applicable circumstances.

  1. DISCLOSURE OF INFORMATION

We may share aggregated Usage Information and Company Data and we may otherwise disclose non-Personal Information that we collect to third parties.  However, except as expressly provided herein, absent your prior consent, Company does not share your Personal Information with any unrelated third parties.

If you enter into a Service Agreement with another User pursuant to the terms of the Terms of Service, we may provide such User with your name, company address, billing address, or tax ID or VAT number in order to complete facilitate and complete the transactions arising from the related gig.  No User receiving your information is allowed to use it for purposes unrelated to the related gig, such as to contact you for marketing purposes, unless you have expressly consented to it. That being said, Company ultimately does not have any control over such Users and, aside from the right to terminate a User’s access to the Platform, cannot prevent such Users from using or treating your Personal Information in a manner that you do not consent to.  You hereby acknowledge and agree that you are aware of this risk and that by using the Platform and entering into Service Agreements with other Users for the performance of gigs, Company shall not be responsible for the actions of any other User with respect to the treatment of your Personal Information that it may receive in connection therewith.

Company may use third parties to outsource one or more aspects of its business and Platform operations (such as email or customer service functions, data processing, payment processing, web analytics, Platform maintenance, online advertising, and security execution and clearing services), in which case, Company would have to disclose to such third parties (who would be required by Company to comply with this Privacy Policy and any other obligation of Company with respect to any Information provided by you in connection with the Platform, to the same extent as Company’s obligations) the Personal Information necessary for such third parties to provide such services.  While we may use a variety of service providers to perform advertising services, some of these companies are members of the Network Advertising Initiative (“NAI”) or the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. You may want to visit http://www.networkadvertising.org/managing/opt_out.asp, which provides information regarding targeted advertising and the “opt-out” procedures of NAI members. You may also want to visit or http://www.aboutads.info/choices/, which provides information regarding targeted advertising and offers an “opt-out” by participating companies in the DAA Self-Regulatory Program. You may also opt-out by clicking here (or if located in the European Union click here). Please note that opting out through these mechanisms does not opt you out of being served advertising, and you will continue to receive generic ads while online.

Company also works with (or may in the future work with) network advertisers, ad agencies, analytics service providers and other vendors to provide it with information regarding traffic on the Platform, including pages viewed and the actions taken when visiting the Platform; to serve our advertisements on other web sites, within mobile apps and elsewhere online; and to provide us with information regarding the use of the Platform and the effectiveness of our advertisements.  Our service providers may collect certain information about your visits to, and activity on, the Platform as well as other websites or services, they may set and access their own tracking technologies on your device (including Cookies and Web Beacons), and may use that information to show you targeted advertisements. Some of these parties may collect Personal Information when you visit the Platform or other online websites and services. We may also share certain non-Personal Information with these parties, in connection with the services they provide to us.

Company also reserves the right, and you hereby authorize Company, to share or disclose Information it collects, including your Personal Information, and any other information, records or electronic communications of any kind, when Company determines, in its sole discretion, that the disclosure of such Information is necessary to identify, contact, or bring legal action against you if:

  1. CHANGING, UPDATING OR DELETING INFORMATION; CLOSING YOUR ACCOUNT

You may change, update or delete the Registration Data you provide Company via the Platform when creating your Profile by changing your Account Profile settings. You may also directly request that Company make a change or update to the Registration Data you provide by contacting Company via email at info@indie.ninja (please include in the Subject line the words “Change in Registration Data”), or you may send Company an email at the same address to request that Company delete your Account Profile (please include in the Subject line the words “Delete My Account Profile”).  We will be happy to review, update or remove information as appropriate.  We may still retain your Information to resolve disputes, enforce the Terms of Service, or comply with legal requirements.  In such case, your Information will not be used for any other purpose.

If you completely delete all of your Account information, then your Account may become deactivated. If your Account is deactivated or you ask to close your Account, or we terminate your Account pursuant to the Terms of Service, you will no longer be able to use the Platform.  If you would like us to delete your Account in our system, you can do so by contacting customer service via email at info@indie.ninja. We will use commercially reasonable efforts to honor your request; however, certain information will actively persist on the Platform even if you close your Account, including chat messages you posted to the Platform. In addition, your Personal Information may remain in our archives and Information you update or delete, or Information within a closed account, may persist internally or for our administrative purposes. It is not always possible to completely remove or delete Information from our databases. In addition, we typically will not remove Information you posted publicly through or on the Platform. Bear in mind that neither you nor Company can delete all copies of Information that has been previously shared with others on the Platform.

  1. SECURITY; HOW WE PROTECT YOUR INFORMATION

Company takes a range of security measures designed to protect your Information and keep it confidential (unless it is non-confidential by nature, for example, publicly-available information) and free from any unauthorized alteration. However, the internet by its nature is not a secure environment and the nature of security risks is constantly evolving, as are the technical and organizational industry standards relating to management of those risks. While we strive to keep current our security technology and will review, refine and upgrade our security technology as we deem appropriate based on new tools that may become available in the future, the complete security of any Information collected, stored or used by us cannot therefore be guaranteed.  We have security standards and procedures in place designed to prevent unauthorized access to your Account Profile and Information. A key part of this process helps ensure that all information we have about you is accurate and up-to-date.  In the unlikely event that an unauthorized third party compromises Company’s security measures, Company will not be responsible for any damages directly or indirectly caused by an unauthorized third party’s ability to view, use or disseminate such information.  If you ever discover inaccuracies in our data or if your Personal Information changes, we urge you to notify us immediately. 

Should you close your Account with us and terminate your use of the Platform, Company will remove all of your Registration Data and Information from Company products and your username will be available for any other users. 

We note that anyone who has access to your username and password may be able to access your Information.  Therefore, we encourage you to keep you username, password and other Profile information contained in your Registration Data confidential.  You hereby acknowledge that Company shall not be responsible or liable for any dissemination of your Information that results from your disclosure of your username and/or password to any third party.

  1. NEWSLETTERS; ADMINISTRATIVE AND MARKETING COMMUNICATIONS

Company maintains a strict “no-spam” policy. If you register for the Platform, you may receive newsletters, notices and/or special offers via email or text message, unless you have requested otherwise at the time of registration or as set forth below.  You may also receive other communications from us, such as administrative or service announcements or Account notifications.

You may unsubscribe from electronic newsletters, notices and/or special offers at any time by following the instructions contained at the very end of every such email or text message or elsewhere as directed by Company.  If a third party vendor provides such newsletters, you may unsubscribe in accordance with the instructions provided by such third party.  If you are having problems unsubscribing please contact us at info@indie.ninja (forwarding the newsletter, if applicable, and including in the Subject line the words “Unsubscribe”), and you will be removed within seven (7) business days. Please note that Company will not process any unsubscribe requests submitted as direct replies to any newsletter.

  1. COOKIES; WEB BEACONS; EMBEDDED SCRIPTS

Like most other websites and mobile applications, as you visit and use the Platform, and/or open communications from us, Company (and, potentially, third party advertisers and partners) may track your usage via Cookies, Web Beacons or Embedded Scripts.  “Cookies” are alphanumeric identifiers in the form of text files that are inserted and stored by your web browser on your hard drive or via mobile IDs. Company (and, potentially, third party advertisers or other partners) may set and access cookies on your computer or mobile device to track and store preferential information about you, for purposes such as (i) recognizing you when you return to the Platform, (ii) tailoring the Platform to your specific needs or preferences, and (iii) personalizing the content that you see in order to ensure you enjoy your visit, etc. We may also use Cookies to control the display of ads, to track your Platform usage patterns, to record registration and personalization information, and to track the various Platform items that you view.  Company (and potentially third party advertisers) gathers anonymous information about Users through Cookie technology on an aggregate level only. Such aggregated information is used within Company’s internal organization and is only shared with third party advertisers on an aggregated and non-personally identifiable basis.

Web Beacons, also known as pixel tags and clear GIFs, (“Web Beacons”), are electronic images embedded in website pages and/or emails that allow a website to access cookies to personalize User visits, help evaluate the effectiveness of marketing campaigns and analyze general usage patterns of visitors to the Platform.  No Personal Information about you is shared with third parties through the use of Web Beacons on the Platform. However, through Web Beacons, we may collect general information about our Users such as mobile platforms and service providers, internet browsers, operating systems, IP addresses, most and least likely times of visits and Platform navigation tendencies, all of which help us examine and improve the Platform’s effectiveness and features but will not personally identify you.

We and our marketing partners, affiliates, analytics, and service providers may also employ software technology known as an Embedded Script. An Embedded Script is programming code that is designed to collect information about your interactions with the Platform, such as the links you click on. The code is temporarily downloaded onto your computer or other device and is deactivated or deleted when you disconnect from the Platform.

In addition, we and our marketing partners, affiliates, analytics, and service providers may use a variety of other technologies (such as tags) that collect similar information for security and fraud detection purposes and we may use third parties to perform these services on our behalf.

Your web browser likely includes an option that allows you to not accept Cookies. However, we highly recommend against setting your browser to refuse Cookies, since some portions of the Platform may not function properly thereafter.

  1. LINKS TO THIRD PARTIES

The Platform may include links to third party websites, apps or services, including PSPs. Such links are not an endorsement by Company of those websites, apps and/or the products or services they offer. Third parties have different privacy policies, and Company is not responsible for the privacy practices of such third parties. If you click on a link to a third party website, app or service, Company encourages you to check the applicable privacy policy, as it may differ substantially from that of this Privacy Policy. Company makes no representations or warranties nor is Company responsible for the privacy policies of any third party. If you decide to access any third party links appearing on the Platform, you do so at your own risk.

  1. DO NOT TRACK REQUESTS

Please note that your browser setting may allow you to automatically transmit a “Do Not Track” signal to websites and online service you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, Company does not alter its practices when it receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

  1. TESTIMONIALS

Personal testimonials we receive from satisfied Users of the Platform, in addition to other endorsements.  If you provide us with a testimonial, with your consent we may post your testimonial along with your name.  If you wish to update or delete your testimonial, you can contact us at info@indie.ninja.

  1. OTHER TERMS

To review other applicable terms and conditions that apply to this Privacy Policy, including, without limitation, intellectual property rights, disclaimer of warranties, limitation of liability and resolving disputes, please review the Terms of Service.

  1. CHANGES TO THIS PRIVACY POLICY

Company reserves the right, at its sole discretion, to update, amend, supplement, modify and/or change this Privacy Policy without prior notice to you and at any time.  Updates to this Privacy Policy will be posted on the Platform. You are encouraged to revisit this Privacy Policy from time to time in order to review any changes that have been made. Your continued use of the Platform following the posting of any such changes shall automatically be deemed your acceptance of all changes.

  1. CHILDRENS’ PRIVACY

Protecting the privacy of young children is especially important. For that reason, Company does not knowingly collect or maintain Personal Information or non-personally-identifiable information on the Website from persons under 18 years of age, and no part of our Service is directed to persons under 18.  If you are under 18 years of age, then please do not use or access the Website or Service at any time or in any manner. If Company learns that Personal Information of persons under 18 years of age has been collected without verified parental consent, then Company will take the appropriate steps to delete this information.

  1. IN THE EVENT OF MERGER, SALE, OR BANKRUPTCY

In the event that Company is acquired by or merged with a third party entity, or sells all or substantially all of its assets, we reserve the right, in any of these circumstances, to transfer or assign the information and content we have received and collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your Personal Information is treated, transferred, or used.

 

  1. SWEEPSTAKES, CONTESTS AND PROMOTIONS

We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) that may require registration. By participating in a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness or other indicia of persona in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, your Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winner’s list.

  1. SPECIAL NOTICE TO CALIFORNIA RESIDENTS 

California Civil Code Section 1798.83 permits Users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their Personal Information (if any) for direct marketing purposes in the preceding calendar year and the categories of Personal Information disclosed to those third parties.  If you are a California resident, you may make such a request by contacting us at info@indie.ninja (including in the Subject line the words “California Third Party List Request”).

  1. QUESTIONS OR CONCERNS

If you have questions, comments, concerns or feedback regarding this Privacy Policy, please contact us at info@indie.ninja.