Last updated: 9th April 2020
If you cannot agree, don’t use our Service.
1. Using the Service
a. How It Works.
Our service enables people to create or participate in a community dedicated to an individual, identity, or interest (a “Mighty Network”) for free or for a fee. People who create Mighty Networks (“Hosts”) do so to invite in people (“Members”) to connect with each other, to message, and to exchange information and content. Hosts tailor their Mighty Network by the Members they invite, the conversations they organize, what they call their Mighty Network, and additional branding they may choose to use.
b. Who can use Mighty Networks.
You must be at least the age of majority in the state or country where you live to create or participate in a Mighty Network.
e. Play Nice.
We hope you will take care to keep your interaction with others a positive experience for everyone. You agree to follow the Mighty Networks Acceptable Use Policy at all times. We reserve the right, but have no obligation or liability for, monitoring any interactions with other Members or Hosts of the Service. You may also submit a complaint or concern about another Member or Host to email@example.com.
You may close your Host or Member account at any time by going to account settings and disabling your account. We may suspend your use of the Service or the Service at any time for any reason, without any notice. We may terminate your account if you violate the Mighty Networks Acceptable Use Policyor for any other reason.
We welcome your feedback and suggestions about how to improve Mighty Networks. Submit feedback at firstname.lastname@example.org. By submitting feedback, you agree to grant us the right to use it for free.
2. Your Content Stays Yours: You keep complete ownership of all content, but give us permission to run Mighty Networks, such that your content shows up, but that’s it. Make sure you have permission to use content that you post on Mighty Networks.
a. Your Content.
The Service enables you to add posts, articles, photos, videos, questions, polls, links, files, events, groups, and chat with other Members. The Service also allows you, if you are a Host, to create a personalized name for your Mighty Network (“Your Network Name”), which will appear in a subdomain accessible directly to visitors and Members (e.g. Your Network Name.mn.co). All material that you upload, publish or display to others via a Mighty Network is “Your Content.” If you are Host, Your Content includes Your Network Name. Material that a Member uploads, publishes, or displays to others via a Mighty Network is “User Generated Content”. Your Content, including User Generated Content, does not include Data (defined below).
b. You (and the people you license Your Content from) keep complete ownership of all Your Content. By posting Your Content on the Service, you grant us a license to show it on your Mighty Network, but you and your licensors still own it.
c. Play Nice.
You agree to follow the Mighty Networks Acceptable Use Policy. Do not infringe the intellectual property and personal rights with Your Content. You accept responsibility if Your Content violates the intellectual property or personal rights of others. You agree to pay all royalties, fees, and any other monies owed to any person by reason of any of Your Content. We are not obligated, but reserve the right, to remove or suspend, in whole or part, Your Content that violates the Mighty Networks Acceptable Use Policy or for any other reason.
3. Copyright and Trademark Policies
The Mighty Networks Copyright Policy and Mighty Networks Trademark Policy are incorporated by reference into this Agreement. If you believe that your intellectual property is being violated on the Service, you can submit a complaint and request for takedown of specific material at email@example.com.
4. Our Content and Materials
b. Our Content and Materials
All right, title, and interest in the Service, including the Mighty Networks buttons, badges, logos, widgets, text, images, design, software, documentation, source code, algorithms, graphics, photographs, video and audio files, other files, data, and the selection, arrangement, structure, coordination, and “look and feel” thereof (excluding Your Content, User Generated Content, third-party web services or third-party content linked to or posted within the Service) (collectively “Our Content and Materials”) are the property of Mighty Software, Inc. and/or its licensors Copyright ©2018 Mighty Software Inc. and/or its licensors. The Mighty Networks name and logo, the Mighty Networks mark, the Mighty Networks logo are trademarks and service marks of Mighty Networks. We retain all right, title, and interest in and to the Data and Our Content and Materials. Except as expressly provided in these terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials or Data without our express written permission.
c. Our Licenses to You.
Subject to these terms, including our Mighty Networks Acceptable Use Policy, we grant you a limited, non-exclusive license to use and access Our Content and Materials and the Service. If you are a Host, subject to these terms, we also grant you a limited, non-exclusive license to use and access certain Data for the purpose of maximizing Member engagement and facilitating communications. We may terminate this license at any time for any reason. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
d. No Endorsement or Screening.
Please note that the Service contains access to third-party content and other interactions over which we have no control. We assume no responsibility for, nor do we endorse, screen, or approve the content, offerings, or materials made available to you within a Mighty Network, or the conduct of parties who participate in a Mighty Network.
5. Rights and Obligations of Hosts
a. Contact Information of Members.
The name and contact information of Members who register to join a specific Mighty Network is made available to that Mighty Network’s Hosts in order to facilitate communications. A Host may use the contact information of Members solely to communicate with a Member for purposes related to the Mighty Network or the reasonably assumed interests of the Member who has joined the Mighty Network. In no event may a Host: i) sell contact information of a Member to a third-party, or ii) or use or disclose it for commercial purposes unrelated to the Mighty Network or the interest of Member who joined the Might Network.
b. Member Data.
Hosts are provided access to certain Data, which may be aggregated or personalized, in order to facilitate Member engagement and communications. The Host may not sell or share Data accessible from the Service to third parties.
c. Representation and Warranty of Hosts.
If you are a Host, it is important for you to respect and honor the trust of Members who join the Mighty Network you created. If you are a Host, you represent and warrant that, in your communications with Members and handling of Data, you: i) will comply with all applicable laws and regulations; and ii) will honor the restrictions set forth in Sections 5(a) and 5(b). If you are a Host, you also represent and warrant that all advertising, sponsorships, and promotions you introduce to your Mighty Network will comply with all applicable laws, regulations, and industry guidelines, including but not limited to the FTC December 2015 guidance regarding native advertising. If you are a Host with Members in the European Union, you represent and warrant that you have obtained user consent prior to sending emails outside of the Service, as EU law requires opt-in consent for emails. You must provide a means of opting-out of any emails.
d. Takedown Assistance.
In the event that a party misdirects a takedown request directly to the Host (within or outside of the Service), the Host will redirect the takedown request directly to firstname.lastname@example.org within two (2) business days.
e. EU Data Processing Addendum.
If you are a Host, effective May 25, 2018, this Agreement includes the EU Data Processing Addendum.
6. Integrated Services
7. Premium Services
If you select a portion of the Service for which a fee applies (“Premium Service”), you agree to pay the applicable fee when you sign up. For a Premium Service, you will be required to select a payment plan and instrument for payment. For Premium Services, additional terms may apply, and you may be asked to agree to additional terms by separate agreement.
b. No Refund at Termination.
- If you as a Host terminate your Premium Service, we will not refund any payment for your unused Premium Service.
- If we terminate your Premium Service for violation of the terms of this Agreement or our policies, we will not refund any amount paid for unused Premium Service.
- If you are a Member and your Host terminates your Premium Service, or you terminate your subscription yourself, your Host will decide whether to provide you with a refund.
8. Disclaimers and Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF MIGHTY SOFTWARE, INC. ENTITIES TO YOU. “MIGHTY SOFTWARE, INC. ENTITIES” MEANS MIGHTY SOFTWARE, INC., AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:
- a. WE ARE PROVIDING YOU THE SERVICE, ALONG WITH OUR CONTENT AND MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MIGHTY SOFTWARE, INC. ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
- b. MIGHTY SOFTWARE, INC. MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY MEMBER, HOST, OR THIRD PARTY, (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SERVICE, INCLUDING AN INTEGRATED SERVICE PROVIDER (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY, HOST, OR MEMBER YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICE. MIGHTY SOFTWARE, INC. MAKES NO WARRANTY THAT (a) THE SERVICE OR ANY MIGHTY NETWORK WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE SERVICE, OR ANY MIGHTY NETWORK, WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY MIGHTY NETWORK, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE.
- c. YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, MIGHTY SOFTWARE, INC. ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT MIGHTY SOFTWARE, INC. ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE.
- d. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
- e. WITHOUT LIMITING THE FOREGOING, MIGHTY SOFTWARE, INC.’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO MIGHTY SOFTWARE, INC. IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
You agree to release, indemnify, and defend Mighty Software, Inc. Entities from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: i) your use of Service, ii) Your Content, iii) your conduct or interactions with other Hosts or Members of the Service, or iv) your breach of any part of this Agreement. We will promptly notify you of any such claim, and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense, and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
You also agreed to release, indemnify, and defend your Hosts and Members from all third-party claims and costs arising out or related to: i) your use of the Service, ii) Your Content, iii) your conduct or interactions with Hosts or Members, or iv) your breach of any part of this Agreement.
10. Dispute Resolution, Arbitration, and Class Action Waiver
The arbitration process can be a faster, simpler, less formal, and less expensive route than filing a lawsuit and going to court. In arbitration you are still entitled to a fair hearing, but your rights will be determined by a neutral arbitrator (and not a judge or jury). Arbitrator decisions are as enforceable as any court order, and are subject only to very limited review by a court. Each party is giving up the right to sue in court and to have a trial before a judge or jury.
Each party here agrees to try in good faith for 30 days to informally resolve any dispute before starting arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the dispute as well as the relief sought. If you want to send such a notice to us, send it to email@example.com. If we want to send such a notice to you, we will send it to the email address associated with your account. If the parties do not reach an agreement to resolve the dispute within 30 days after the date the notice was sent, then the parties may start arbitration as described below.
The American Arbitration Association (AAA) will administer the arbitration, and the arbitration will be governed by the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes, as modified by these terms. Those rules and information about how to start arbitration are available at www.adr.org or by calling 1-800-778-7879. The arbitrator is bound by these terms. The arbitration will be conducted through the submission of documents, by phone, or in person in the county where you live or at another mutually agreed location.
The arbitrator’s award will be final and specifically enforceable under applicable law, and judgment may be entered upon it in any court with jurisdiction. The arbitration costs, including arbitrator compensation, will be shared between you and us according to the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes.
Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. By agreeing to these terms, you are waiving the right to participate in a class action. Further, unless the parties mutually agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this waiver is found to be illegal or unenforceable, then the parties agree that this entire section will be unenforceable, that any dispute will be resolved exclusively in a state or federal court located in Santa Clara County, California, and that the parties both submit to the personal jurisdiction of such courts. If a claim proceeds in court rather than through arbitration, the parties waive any right to a jury trial.
This section does not: (i) prevent either party from litigating any dispute in small claims court; (ii) apply to disputes arising out of or related to infringement or other misuse of our intellectual property rights; or (iii) prevent either party from bringing a dispute to the attention of any federal, state, or local government agencies.
If you do not want to be bound by this binding arbitration provision and class action waiver, you must notify us within 30 days of the date that you first accept or receive these terms by sending a written notification to firstname.lastname@example.org that includes your actual name and Mighty Networks user name, address, and a clear statement that you do not wish to resolve disputes with us through arbitration.
11. General Legal Terms
a. Changes to these Terms.
b. Governing Law and Jurisdiction.
You agree that Mighty Networks is operated in the United States and will be deemed to be solely based in California and a passive service for purposes of jurisdictional analysis. For any claims for which arbitration is inapplicable, you agree that such claims will be brought in federal or state court in Santa Clara County, California and governed by laws of the state of California, without regard to any conflict of law provisions.
c. Use Outside of the United States.
Mighty Software, Inc. expressly disclaims any representation or warranty that the Service complies with all applicable laws and regulations outside of the United States. If you use the Service outside of the United States, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the Service.
The Service is controlled and operated from our United States offices in California. Mighty Networks software is subject to United States export controls. No software for Mighty Networks may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You represent that you are not (1) located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (2) listed on any U.S. government list of prohibited or restricted parties.
e. Applications and Mobile Devices.
If you access the Service through a Mighty Networks mobile application, you acknowledge that this Agreement is between you and Mighty Software, Inc. only, and not with another application service or application platform provider (such as Apple, Inc. or Google Inc.), which may provide you the application subject to its own terms. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply.
The following provisions will survive expiration or termination of this Agreement: Sections 1(f)(Termination), 1(g)(Feedback), 2(b)-(c)(Your Content and Your Responsibilities for Your Content), 4(a)(Data) and 4(b)(Our Content and Materials), Section 5(c)(Representation and Warranty of Hosts), any outstanding payment obligations pursuant to Section 7(Premium Services) and Sections 8-11.
g. Notice for California Users.
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Service is provided by Mighty Software, Inc., located in Palo Alto, California. If you have a question or complaint regarding the Service, please contact Mighty Software, Inc. at email@example.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
h. Government End Users.
Any Mighty Networks software and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202 (as applicable). Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202- 1 through 227.7202-4 (as applicable), the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. government end users: (i) only as Commercial Items; and (ii) with only those rights as are granted to all other end users pursuant to this Agreement.
You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
j. Electronic Communications.
You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
k. Entire Agreement / Severability.
This Agreement supersedes all prior terms, agreements, discussions and writings regarding the Service and constitutes the entire agreement between you and us regarding the Service, except as provided for in Section 7. If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the agreement, which will remain in full force and effect.
In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting this Agreement.
All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us by you via firstname.lastname@example.org. Notices will be deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us.
This Agreement does not confer any third-party beneficiary rights and does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.
No waiver of any terms will deemed a further or continuing waiver or such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
p. Further Assurances.
You agree to execute a hard copy of this Agreement and any other documents, and take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.
Feel free to contact us at email@example.com with any questions about these terms.
r. Agreement to Terms.
s. Changes to the Service.
We are always trying to improve your experience on the Service. We may need to add or change features and may do so without notice to you.
Last updated: 30th December 2020
1. Information we collect and how we use it
When you visit our website, join or create a Network, interact with us or your Host through the Service, or use our mobile applications, we, as the service provider for your Host, collect Personal Data and other information from you (collectively, “Data”). We use your Personal Data to be able to provide the Service to you:
- We collect Personal Data when you share it voluntarily.
- We collect some Personal Data automatically when you visit our website, use the Service or use our Mighty Networks mobile applications.
- We and your Hosts use your Personal Data to provide and improve the Service, understand how you and other Members are using Mighty Networks and to inform you about products and services that may be of interest to you.
A. Personal Data you provide directly
‘Personal Data or Personal Information’ means any information relating to you from which you can be identified, directly or indirectly, including your name, identification number, location, online identifier such as your IP address or device ID, or one or more factors specific to your physical, physiological, genetic, mental, economic, cultural or social identity.
‘Special Categories of Personal Data’ means data revealing your racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and data concerning your health, sex life or sexual orientation.
‘Aggregated Data’ is data in a summary form for statistical analysis. A common purpose of aggregation is to get more information about particular groups based on specific variables such as age, profession, or income level.
‘Pseudonymisation’ means the processing of your personal data in a way that the personal data can no longer identify you without the use of additional information, so long as the additional information is kept separately and is subject to technical and organizational measures to prevent you from being identified or identifiable.
We store and use your Personal Data together with an ID we assign each time you join a new Mighty Network. We assign you one ID per Mighty Network to ensure you have a personalized experience in each one.
Name and Email Address. When you register as a Host or Member of a Mighty Network, we ask you for your real name and your email address. Both we and the Host of the Mighty Network receive access to this information and use it to communicate with you about the Service. In addition, we and your Host may use this address to email you about products or services believed to be of interest to you. If you are a paying Host or Member, we may also collect your mailing address and zip code for billing purposes. Hosts may decide to collect your mailing address, via our Services.
Social Media Profiles. You can also register with your Facebook or LinkedIn account. When you register this way, you give us permission to access your Facebook or LinkedIn profile and photo. Your profile and photo will become part of your Mighty Network profile. See below for more information on Integrated Services like Facebook and LinkedIn.
Profiles and Topics. When you join a Mighty Network, you will be prompted to add a profile, including a short bio, and to choose topics to follow (“Topics”). From this information, Mighty Networks personalizes your experience in each Mighty Network. Your Host can also choose and customize categories of Personal Data to collect from you including, if you agree, Special Categories of Personal Data.
Your Location. We ask you for your location so that we can facilitate interactions with other Members in your geographic area. In addition, if you opt-in our mobile app collects your GPS location information. If you enable location features, or do not disable GPS on your mobile device, other Members may be able to see your location.
Other Personal Data You Provide Directly. You may also provide us Personal Data when you use certain features of the Service such as participating in conversations or polls in your Networks, contact us with inquiries, or respond to one of our surveys.
B. Personal Data and Information we collect automatically
You have the option of registering using an Integrated Service, such as Facebook. If you choose to do this, your profile picture and other Personal Data in your profile on the Integrated Service will become part of your profile on Mighty Networks. Please see the section below on Integrated Services for more detail.
Information About Your Use of the Service. Our servers automatically record your visits to the Service. Like all other website and mobile app servers, ours compiles a log that records the date, time, browser (i.e., Firefox), device type (i.e., iPhone), operating system (i.e. Android), and originating IP address of each page you visit.
Our mobile applications on iOS (Apple) and Android (Google) have to interact with our computer servers. We assign your device a token so that you do not have to log in every time you use the Service via our mobile apps.
You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some of our Service features may not work properly without cookies. Most browsers accept cookies automatically but allow you to disable them. For more information about cookies visit https://www.allaboutcookies.org.
Information About Your Location. From your IP address, we can tell generally where you are when you are accessing our Service, such as which city. We start by choosing a location for you based on the IP address of your Internet connection. You can update or remove this location at any time by logging in to your account on the Service.
C. Personal Data and Information Third Parties collect automatically
Third-Party Cookies Used to Target Ads to You When You Use the Service or are on Other Websites. “Beacons” are transparent pixel images that are used in collecting information about website usage across websites and over time. Our Hosts may use their own or third party cookies or beacons to target Host ads to you when you visit other websites. Our Hosts may also work with other companies who use their cookies or beacons to target third party ads to you on other websites based on your prior visits to the Host’s Network on our website Service. This is called online behavioral advertising (“OBA”), because you receive ads based on your prior online behavior. We do not have access to these cookies; it is third parties who engage in OBA.
2. Our Sharing of your Personal Data and other information
We consider personalizing your Mighty Networks experience an important part of our Service. We want you to understand what Personal Data gets shared with your Hosts, other Members of your Mighty Networks, other Hosts or Members of our Service, and other third parties as part of the Service.
‘Third Party’ means a person or company who is not a Host or another Network Member, and government bodies and public agencies and authorities. Third Parties include our service providers whom we authorize, through a data processing agreement, to process your personal data or information to help us with: development, maintenance, and support of our websites and mobile applications, marketing and advertising, marketing research and analysis, communications, and customer service. We do not permit our Third Party service providers to use your personal data for any other purpose. We do not share Personal Data with any person or company unless we have an agreement with them that controls their use of the data.
‘Processing’ or ‘Process’ means any operation or set of operations performed on personal data or on sets of personal data, including by automatic methods, such as collecting, recording, organizing, structuring, storing, adapting or altering, retrieving, consulting, using, disclosing, transmitting, sharing or otherwise making available, aligning or combining, restricting, erasing or destroying.
‘Consent’ or ‘Agree’ means your freely given, specific, informed and unambiguous expression of your wishes through a statement or other clear affirmative action such as checking a box which indicates your agreement to our processing of personal data relating to you.
If you are not comfortable with this type of sharing, don’t use our Service.
A. Personal Data shared within the Service
Your Host. Your Host. Your Host, or Hosts if are there more than one, will have access to your name, email address, and all personal or contact information that you provide when you register for that Host’s Mighty Network. In order to facilitate Member engagement, our Host will also have access to Data regarding your usage activity, in both aggregated and personally identifiable forms. For example, Hosts will be able to see aggregated Member activity within a Mighty Network, as well as specific information like how many people cheered in response to a comment you made. Your Host also will be able to associate Your Content, and any Personal Information it contains, with your contact information. If you have agreed, your Hosts may communicate with you outside of the Service about the Mighty Network or relevant topics of interest to you, and may retain your personal information after you leave the Mighty Network. You should only join a Mighty Network if you are comfortable sharing your personal information with the Host of that Mighty Network.
Searching and Messaging by Others. Visitors to our Service may be able to search for you by your name and location if you are a Member of a Mighty Network. Members of your Mighty Network can search for you by location, Topics, or other personal information so that they may message you within the Mighty Network. Whether your information is available to other Visitors and Members depends on whether the Mighty Network is Public, Private, or Secret.
Public, Private, and Secret Mighty Networks. A Host can select whether to make a Mighty Network Public, Private, or Secret.
- In Public Mighty Networks, all Visitors (including Hosts and Members) can see your name and photo (“Profile”), as well as Your Content and activity. Unless your Host specifies otherwise, in a Public Mighty Network, search engines like Google index all public activity, including Profiles. In a Private Mighty Network, only Hosts and other Members can see Profiles, Your Content, and activity.
- In Private Mighty Networks, any Visitor can find the Mighty Network, but cannot enter without an invitation or membership request approval.
- In Secret Mighty Networks, only Hosts or other Members of that Mighty Network can see Profiles, Your Content, and activity. Only Members directly invited can find a Secret Mighty Network. It is not available to search engines.
Personal Information Included in Your Content. If you include personal information in Your Content, it will be displayed to other Members based on the privacy levels defined above.
B. Personal Data and Information shared with Third Parties
Integrated Services. If you have used the option to register using an Integrated Service, such as Facebook, we share your information with the operators of the Integrated Service. More information is in the sections below entitled “Integrated Services.”
Business Transfers. As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, or similar event, Personal Data may be part of the transferred assets.
Agents, Consultants and Third Parties Whom We Have Contracts With. Mighty Software, Inc., like many businesses, sometimes hires other companies to perform certain business-related functions. Examples include emailing information to you, maintaining our website, databases and mobile applications, processing payments, marketing and advertising, marketing research and analysis, and customer service. When we employ another company to perform a function of this type, we only provide them with the Personal Data and Information they need to perform their specific function and we do not authorize these service providers to use or disclose your personal information except as necessary to perform the tasks we have asked them to do for us or to comply with legal requirements.
If you would like a list of the Third Parties we use to assist us with our personal data or information needs, please email us at firstname.lastname@example.org
Legal Requirements. We may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) cooperate with a legal investigation or a request from a government authority, (iii) protect and defend the rights or property of Mighty Software, Inc., (iv) protect the legal rights, safety, and security of users of our website and the Service, (v) protect our legal rights and legitimate interests, and those of our business partners, service providers, and customers; (vi) prevent fraud; (vii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (v) protect against legal liability.
C. Aggregated data shared
We disclose aggregated statistics, such as number of Hosts and Members, in order to describe our Service to current and prospective business partners, and to our Third Party service providers for our legitimate interests and other lawful purposes.
3. Your Personal Data Rights
You have rights regarding the Personal Data and Information we have about you.
You may object to, or restrict, our collection, use, sharing, transfer and/or storage of your personal information. You may also request a copy of the information that we have about you. You may also ask us to correct or remove personal information you think is incorrect.
If a Host (the data controller) is using the Service to process your personal information, you may contact the Host to object, restrict, access, correct or delete your personal information. If you need help finding contact information for your Host’s privacy officer, please contact us using our contact information below.
If you have a registered account in the Service, you may object, restrict, access, correct, or request deletion or a copy of some or all of your Personal Data or Information by logging in to your account.
If you do not have a registered account in the Service and you would like to object, restrict, access, correct, delete, or request a copy of some or all of your personal information, please email, write, or call us at the following address: email@example.com. Mighty Software, Inc., 127 Lytton Ave, Palo Alto, CA 94301, Phone: 415-935-4253
We will respond to your request within a reasonable period of time.
Please note, we will keep your personal information for as long as necessary for us to provide the Service to you. We will also keep and use your personal data or information to comply with laws including tax laws and other applicable laws. We will also keep your Personal Data and Information as necessary for backup, archiving, audit, preventing fraud, resolving disputes, and troubleshooting problems.
If you are located in the European Union (EU), European Economic Area (EEA), UK, or Switzerland, please see also the EU-US and Swiss-US Privacy Shield section below about how to make complaints regarding personal data collected in the EU, UK, and Switzerland and transferred to the U.S. under the Privacy Shield Frameworks.
You may also make a privacy or data use complaint about us to the Data Protection Authority in the UK or EU/EEA Member State where you live or work by visiting the Office of the Data Protection Commissioner list of Data Protection Authorities at https://www.dataprotection.ie/docs/European-Functions-Useful-Links/b/99.htm. Our GDPR Article 27 Representative is Antonius Kromwijk, Managing Director, Glownexus Nederland B.V., Wilsonsplein 15, 2011 VG Haarlem, Netherlands. You can email him at firstname.lastname@example.org. Our Data Protection Officer is at email@example.com.
4. Your choices
A. Join Mighty Networks and Hosts you trust
You get to decide the Mighty Networks you want to join. You also get to decide whether you trust your Host with the information sharing described in this policy.
B. Public, Private, or Secret Mighty Network settings
A Host can choose to make a Mighty Network Public, Private, or Secret as described above.
C. Adjust your notification settings
In your account settings, you can control the frequency, type, and mode of notifications you receive through the Service. You can choose to be notified by email or mobile alerts, both, or neither. You can choose to turn on or off your notifications by type, such as cheers on your posts, and questions you can help answer.
D. Opt out of email
We would like to send you information about our services that you may be interested in. If you have agreed to receive marketing messages from us, you may opt-out at any time. We provide an opt-out link at the bottom of each email message.
Because we plan our communications in advance, it may take several weeks for your opt-out request to take effect. If you continue to receive marketing messages from us or a Host after you opt-out, please let us know so that we can investigate the situation.
E. Opt out of Google Analytics
To prevent your data from being used by Google Analytics, click here for instructions.
F. Opt out of Google behavioral advertising
To opt out of Google behavioral advertising, click here to see your Google ad settings.
G. Opting out of tracking
H. Deleting cookies
To manage or delete browser cookies, please see your browser’s privacy settings.
5. Account termination
You can leave one or more of your Mighty Networks, or delete your Mighty Network account (on a Network by Network basis). As soon as you leave, we stop collecting your Personal Data for that Mighty Network. See this article for more information: https://faq.mightynetworks.com/hc/en-us/articles/204991129.
7. Disputes with Hosts or other Members
Mighty Networks does not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not use the Service or submit any Personal Data through the Service. If you have reason to believe that a child under the age of 13 has provided Personal Data to Mighty Networks through the Service, please contact us at firstname.lastname@example.org and we will look to delete that information from our databases.
9. Links to other web applications
10. Integrated services
One of the special features of the Service is that it allows you to enable various online Third Party services, such as social media and social networking services like Facebook and LinkedIn (each, an “Integrated Service”), to integrate directly into your Mighty Network. By directly integrating these services, we make your use of Mighty Networks richer and more personalized. To enable Integrated Services, we will ask you to authorize Mighty Networks to access the Integrated Services (or vice versa). When you add an Integrated Service account to a Mighty Network (or vice versa), your log-in information, Personal Data, non-personal data, location information, your content, your Mighty Network name, your Mighty Network location, your Mighty Network affiliation, profile photo, Facebook Connect ID, Profile (if you are integrating your Facebook account) and other relevant personal information may be passed through to, or received from, the Integrated Service in connection with your use of the Service. We may import, use, disclose, and retain such data and information to, among other things, customize and improve the Service for you and others. Note that Integrated Services may also import, use, and retain this information. You may be able to control how certain information is shared with us in your privacy settings within the Integrated Services. However, please remember that the manner in which Integrated Services collect, use, store, and disclose your information is governed solely by the policies of the companies operating those Integrated Services, and we shall have no liability or responsibility for the privacy practices or other actions of any Integrated Service that may be enabled within the Service.
11. Security of Your Personal Data
We use appropriate technical and organizational measures including encryption, aggregation, and pseudonymization to protect your Personal Data provided via the Service from loss, misuse, and unauthorized access or use, disclosure, alteration, or destruction. However, no Internet, email, or other electronic transmission is ever 100% secure or error free, so we cannot guarantee that your Personal Data will never be accessed, used, or disclosed, so you should take special care in deciding what information you share on the Service.
“Phishing” is a scam designed to steal your Personal Data or Information. If you receive an e-mail that looks like it is from us asking you for information about you, please contact us.
12. Your California data privacy rights
California law permits Visitors 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 for direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. If you are a California resident and would like to request this information, please submit your request in an email to email@example.com.
13. Transferring your Personal Data to Other Countries
Our website and mobile applications are provided from within the United States and are subject to state and federal laws of the United States. If you are located outside the United States, your Personal Information is being transferred to, stored, used, and shared in the United States.
EU-US and Swiss-US Privacy Shield
Mighty Software Inc. complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of your Personal Information transferred from the European Union, UK, and Switzerland transferred into the United States under the Privacy Shield Frameworks.
We adhere to the Privacy Shield Principles of the EU-US and Swiss-US Privacy Shield Frameworks. To learn more, please visit the U.S. Department of Commerce’s Privacy Shield website at https://www.privacyshield.gov.
Under the Privacy Shield Frameworks, we are subject to the regulatory and enforcement authority of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose Personal Information requested by government authorities, including for national security or law enforcement purposes.
In compliance with the Privacy Shield Principles, Mighty Software Inc. commits to resolve complaints about our collection or use of your Personal Information. If you are located in the UK, European Union (EU), Switzerland or European Economic Area (EEA), and have a question or complaint regarding data collected in the UK, EU, EEA or Switzerland and subsequently transferred to the U.S. under the Privacy Shield Frameworks, you should first direct your question or complaint to firstname.lastname@example.org. You can also write or call us at the following address: Mighty Software, Inc., 127 Lytton Ave, Palo Alto, CA 94301, Phone: 415-935-4253.
Mighty Software Inc. has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus.
If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint, please visit https://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information or to file a complaint. The services of the BBB EU Privacy Shield are provided free of charge to you.
Finally, as a last resort and in limited circumstances, UK, EU & Swiss individuals with residual complaints may be eligible to request binding arbitration before a Privacy Shield Panel described on the Privacy Shield Annex I website found at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
14. Access to information; contacting us
We acknowledge the right of UK, EU and Swiss individuals to access their personal data under the Privacy Shield. Section III (“Your Personal Data Rights”) explains how to contact us to access your data. To keep your Personal Data accurate, current, and complete, please update your account settings or contact us at the email address below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Service.
We have no liability or responsibility for the privacy policies or practices of our Hosts or other actions of any Integrated Service that may be enabled within the Service.