Terms and Conditions on Data Protection
“XING” refers to the service provided subject to these General Terms and Conditions and/or XING AG.
The protection of your personal data is of utmost concern to XING.
In these terms and conditions on data protection XING would like to inform you about how XING treats your personal data and how you can exchange this data with other users of XING.
Additional Privacy Policies apply to the following XING applications, which you can view on the application's respective website:
1. Basic Principles of XING for handling your Personal Data
XING strictly adheres to the following basic principles in the protection of your Personal Data:
The following terms used in these Terms and Conditions on Data Protection shall have the following meanings:
3. What does XING know about you, what do you give XING and XING Members permission to do, and what happens with your Personal Data?
3.1 Registration Data
In order for the XING Services to function, XING needs to collect and process certain elements of your Personal Data in the course of the registration process. First of all, this consists of the following data:
Your password and/or your username are never visible to any XING Member at any time. XING shall never disclose or pass your password and/or your username on to any third party.
Furthermore, you will need to fill out certain mandatory fields in the course of creating a Profile, such as:
The following Personal Data from the Profile is accessible to other XING Members without any restrictions:
With respect to the following Personal Data in the Profile, you may choose in each individual case whether the data shall be displayed to a specific other XING Member or not:
3.2 Voluntary Data in the Profile
If you wish, you may add more information about yourself to your Profile on a voluntary basis (hereinafter referred to as "Voluntary Data"), to allow other XING Members to get to know you better and possibly encourage them to choose you as an appropriate business contact. At the moment, you are able to choose from the following Voluntary Data, for example: your interests, your education, companies you have previously worked for, what you have to offer to other XING Members, what you are looking for from other XING Members, etc. You may also upload a photograph of yourself, if you wish.
The Voluntary Data you choose to enter in your profile is accessible to all other XING Members. With some of the Voluntary Data you may choose in each individual case if the data shall be displayed to a specific other XING Member.
You can revoke Voluntary Data at any time by deleting the data in question from your profile.
3.3 Your Profile, Contact Management
The following sections of the Personal Data you have made available to XING is visible to all other XING Members:
All other XING Members may access your Profile and view the information displayed on the Profile, including such Voluntary Data you have specified to be made available to all other XING Members. Certain XING Members may be able to access further of your Voluntary Data in accordance with your specifications (chosen settings) for the respective XING Member in each individual case.
If you send XING Members a request for personal contact, these XING Members are then saved in your Profile on a contact list. Should a XING Member confirm your request for contact, this XING Member shall be listed as a so called "confirmed contact". Confirmed and unconfirmed contacts shall be registered separate from one another. Other XING Members may only ever view your list of confirmed contacts.
XING has set your privacy settings under "Privacy" by default so that your list of confirmed contacts is displayed to all XING Members. However, you may change this setting at any time by yourself to the effect that your list of confirmed contacts is not visible to anybody at all or only to certain of your contacts, for example to the direct contacts of your contacts (i.e. second-level contacts) or only to third-level or fourth-level contacts.
The following of your personal statistics are visible to all XING Members at all times:
On your profile you will find an activity meter. This meter indicates whether you use the XING services regularly, however, it does not show any details about the way or the times you use the XING services. The activity meter is intended as an indication for other XING members to determine how intensely you use the XING services so that the other XING members can evaluate whether you will presumably react fast on a request via the XING services. You may suppress the activity meter at any time in the settings to your privacy under "Privacy" to the effect that the activity meter is not visible to other XING members.
Other XING Members may send you private messages in order to establish contact with you. XING has set your privacy settings under "Privacy" by default so that all XING Members may send you private messages. You may restrict the ability of XING Members to send you private messages at any time to the effect that either no XING Members or only selected contacts may send you private messages, for example only the direct contacts of your contacts (i.e. second-level contacts) or only third-level or fourth-level contacts.
As you can see, XING gives you complete control over your own privacy at all times.
3.4 Your comments
You can like, find interesting and comment on your contacts' activity (hereinafter referred to as "comments"). Your comments are then visible to the network of the contact on whose activity you commented. You can delete your comments at any time.
3.5 Billing details
If you use any of XING's paid services, XING will collect and use your billing details such as your credit card or bank details for billing and payment purposes. If you select credit card as your method of payment and pay with your MasterCard or Visa credit card (not American Express), XING S.à r.l. shall process your billing data along with any other details required for billing purposes (e.g. name and billing address). In such cases, XING AG and XING S.à r.l. shall process your data in accordance with applicable Luxembourg law, in particular the Law of 2 August 2002 on the Protection of Persons with regard to the Processing of Personal Data. XING S.à r.l. shall not process your data in any other cases, including if you choose a payment method other than credit card. To the extent required, your billing details are sent to, collected and processed by service providers such as credit card companies in order to process payments. Your billing details are saved in order to process payments for automatic user account extensions.
4. Visibility of your Profile to Non-Members of XING
Under "Privacy" you can set the level of your Profile's privacy at any time. This means that you decide whether to increase your level of privacy or opt in favour of more visibility online, enabling more exposure of your profile for potential business partners. When you register, your default privacy settings rather promote the spirit of networking. The data contained in your profile is visible to non-members of XING and traceable by search engines on the Internet. This, however, does not include personal contact details such as e-mail addresses or phone numbers.
If you signed up to XING before 17/08/2007 the following regulation continues to apply:
Your profile is preset to be invisible to non-members of XING and not traceable by search engines on the Internet. You can, of course, adjust these settings at any time. However, please note that if you do release your profile to non-members or search engines, this will automatically mean that the following sections of your registration data are displayed to non-members of XING: First name, last name, professional status, position (title), previous companies and positions, industry, country, state and city of your company
If your profile shall be visible to non-members of XING or traceable by search engines on the Internet, such voluntary data that you have specified in the settings under "Privacy" to be visible to other XING members will also automatically be visible to non-members of XING. Finally, a maximum of four (4) of your confirmed contacts will automatically be visible, chosen at random. You may prevent the display of these four (4) confirmed contacts at any time by changing the setting for the display of confirmed contacts under "Privacy" to any other setting than "all members".
On the XING Websites, XING offers certain groups, forums and similar services.
Each group has one (1) or more moderator(s). The moderator decides for each group whether the group is public or whether it is only accessible to a specific group of people, as well as who has read and/or write access for each relevant group. This information will be displayed on the XING Websites for the relevant group. It is visible to XING Members and it may also be visible to non-members of XING, depending on the settings chosen by the moderator.
Please note: where a group is specified as "public" on the XING Website and in the event that the moderator has not restricted the access rights to the group, all contributions of XING Members to such a group can be read by all other XING Members, and these contributions are then also accessible to non-members of XING on the Internet without any restrictions. You may deactivate the traceability of your contributions to a group by Internet search engines or by so-called RSS readers in your privacy settings under "Privacy". However, any contributions you posted on the group prior to deactivation will remain visible after the deactivation as well. RSS readers are programs which trace updates of a website, providing the website technically supports the so called RSS standard. Where Internet groups support the RSS standard, the RSS reader may track if, when and which new articles have been published.
6. Appointments, Activities, Event Management
On the XING Websites, XING offers you the possibility to enter your appointments, activities and events as well as similar services (collectively hereinafter referred to as "events"). With this function you may manage and coordinate your events with other XING Members and/or with non-members of XING, and you may also invite other XING Members and/or non-members to specific events.
Each event has one (1) or more hosts (organisers). The host decides for each event if and which information about the event is visible to other XING Members and/or for non-members of XING. Among other things, this information may include whether the event is reserved to XING Members or whether it is a public event and as such accessible to non-members, whether the number of participants is limited, whether the guest list is visible without any restrictions or if and which restrictions should apply to the visibility of the guest list. The above information shall be displayed on the XING Websites for the relevant event. It is visible to XING Members, and it may also be visible to non-members, depending on the settings chosen by the host.
7. API and data processing on behalf of users
XING provides the XING API to selected developers and companies ("API Partners") so that they can develop and manage applications that grant users of API Partner applications access to data and content beyond the XING platform while also allowing said users to integrate external content on the XING platform. The aim of integrating external applications is to make XING more appealing and useful to XING Members. API stands for Application Programming Interface, meaning that the XING API is an interface provided by XING that allows API partners to integrate one or more applications on the XING platform provided they adhere to XING’s contractual terms. XING Members are required to provide their consent before using any of the applications.
API Partners are required to register on XING and enter into an agreement with XING that governs both the rights and duties of both parties. The API Partners are in particular required to give their consent in terms of accessing, saving and using personal data. XING requires contractual agreements and has made technical provisions to prevent API Partners from potentially misusing personal data.
Every API Partner application that accesses the data and content of XING Members requires the prior consent of XING AG. XING has therefore compiled a list of criteria in order to ensure that XING Member data is both safe and secure.
XING provides its members with services allowing them to process their own data and/or that of third parties. If you activate such a XING application or service, you are responsible for the personal data processed on your behalf. XING provides you with features for managing and, in particular, for deleting data that XING processes on your behalf. You have the right and option to terminate personal data processing on your behalf at any time.
As a XING Member you may invite others to join XING. XING shall process personal data collected in the course of the invitation on behalf of the XING member solely for expanding their network, e.g. through contact suggestions, and shall not use it for any other purposes.
XING will send a reminder e-mail ("automatic reminder") on behalf of the XING member to the recipient of the invitation 21 days after you send the invitation. You can deactivate the automatic reminder feature in your settings. You are also able to send out manual reminder e-mails in addition to the automatic reminder feature. XING only saves encrypted copies of the e-mail addresses to which you send invitations. This encryption is removed temporarily when you view these e-mail addresses in your XING account. You can delete the data in your account at any time. Invitation recipients have the right to revoke the use of their e-mail address for invitation purposes at any time.
Please note that the following sections of your Personal Data are displayed to the recipient of the invitation:
9. What does "Clickpath" mean?
"Clickpath" is a function of the XING Services which registers access to XING Members’ Profiles by other XING Members, to event pages, to job ads or access to specific information within XING Members’ Profiles. The information registered by Clickpath is only available to Premium Members of XING, people who post job ads, and organizers who have booked the Event Plus option for their events.
By using Clickpath you can see which Profiles of other XING Members you have visited. You can also check which other XING Members have visited your Profile. By the same token, all other Premium Members of XING can do the same, i.e. they may see whether you have visited their Profile, event page or job ad. This feature is an essential part of contact management on XING and as such an essential feature of the XING Services: you are not able to deactivate this feature in your privacy settings. If you do not agree that other XING Members may see that you have visited their Profile, you should not use the XING Services.
Furthermore, Clickpath registers which XING Members have visited your XING "About me" page which you can set up within the framework of XING Services, and which XING Members have visited the website of one of your previous companies.
Any information registered by Clickpath is deleted by XING automatically within three (3) months after its registration.
10. Search Functions
The XING Services offer various possibilities to search for particular XING Members, including a Power Search feature and a Search Agent feature. These various search functions may assist you, for example, in finding other XING Members with similar interests. The search functions can also help you to initiate contact with other XING Members who offer exactly what you are looking for. Thus, you can find the contacts you need - and systematically expand your personal network.
11. Newsletter, weekly status e-mails
XING uses the electronic e-mail address(es) you entered to send you regular newsletters, status e-mails, advertising for similar products and services, and surveys for internal market research purposes (collectively hereinafter referred to as the "newsletter"), unless you object to such use. In these newsletters XING may inform you, among other things, about new features on XING, interesting contacts and certain personal statistics.
You may choose to unsubscribe from the newsletter at any time by changing your notification settings on XING or by sending an e-mail to the link provided at the end of each newsletter without costs arising by virtue thereof, other than transmission costs pursuant to the basic rates.
Individual XING applications may enable you to unsubscribe from the newsletter and notifications. In the XING ReferralManager you can deactivate the newsletter via your XING ReferralManager profile settings.
12. Cookies and pixels
"Cookies" are small files that enable us to store specific information related to you, the User, on your PC or other end device while using the XING services. Cookies help to analyse usage frequency, the number of people who use our website, user behaviour on our website, advertising effectiveness, and to increased security and tailor our service offering to your needs.
After you have logged in to the XING Services with your username and password, XING uses so-called "session cookies" in order to identify you during the course of your session. Upon the termination of your session, the session cookie will be automatically deleted if you deactivated the function "Login automatically on this computer" during login. Otherwise these session cookies will be permanently saved in the browser of your end device. The session cookies will then store parts of your login data in encrypted form. You can delete these cookies from the browser of your end device at any time.
XING Services also use "permanent cookies" to record information about visitors to the XING Websites who repeatedly use the XING Services. Permanent cookies are designed to help us continually improve the products and services we offer you. Permanent cookies do not contain personal information such as your name, IP address, etc., meaning that we do not generate profiles based on user behaviour.
You can edit the settings of your browser to prevent cookies from being stored, to limit the storage of cookies to certain websites, or such that your browser informs you every time a cookie is sent. You can also delete cookies from your PC’s hard drive at any time. However, please note that you will not be able to take advantage of the XING Services if session cookies are deactivated.
Third-party cookies could also be stored on your PC or end device when using XING and/or XING applications which are partially or entirely provided by third parties. You can prevent such cookies from being stored in your browser by adjusting the browser settings accordingly.
We also use pixel-based and cookie-based conversion tracking technologies in order to be able to measure the success of our advertising campaigns, for example. To this end we use technologies provided by Google, Yahoo!, Bing etc. The following links contain information these providers have published with regard to cookies and opting out:
Yahoo!/Bing: Opt out of personalised advertising
NEXT AUDIENCE: Privacy information
Criteo: Information about behaviour-related advertising
AdClear: You can opt out of tracking performed by AdClear.
Interest-related information and advertising
On our Websites we also use technologies to show you information and advertising based on your interests.Facebook Custom Audience
We use Facebook Custom Audience on our Websites. A so-called pixel is added to our site which triggers a call on Facebook's servers. In connection with this data call and the Facebook cookies saved in your browser, Facebook is able to create a link to your person and will then send back advertising recommendations to our Websites or to the marketer of the Website. You can deactivate Facebook advertising targeting based on your interests here.
We use Adobe Digital Analytics as our web analysis tool in conjunction with cookies. Web analysis is performed pseudonymously, meaning that we are unable to directly deduce information regarding your person when performing web analyses. The cookies used during web analysis contain an ID which allows us to identify your end device’s browser.
You can opt out of our Adobe Digital Analytics web analysis at any time by clicking on the following link and selecting the “opt-out” link: https://nats.xing.com/optout.html?popup=1&locale=en_EN
Please note that a cookie is set when you click on the opt-out link. This means that you cannot opt out of the web analysis process if you delete the respective cookie.
The Adobe Digital Analytics version we use is fully compliant with data protection laws as we have concluded a corresponding data processing agreement. In order to comply with said agreement, we anonymise your IP addresses immediately after collection and personal data is processed within the European Union.
In order to make our website more user friendly, we use a system that records the activities of individual site visitors that are selected at random. When recording such activities, any and all personal references are removed so that we are unable to link users to the collected data. The recorded activities are mouse movements and clicks, while information about the operating system, browser, screen resolution and device type are also collected for statistical purposes. You can opt out from this web analysis on the following page (in German): http://overheat.de/opt-out.html
We have implemented the ScorecardResearch service on our websites. This service collects data pertaining to browsing behaviour on the websites of companies that registered with ComScore, a leading global market research effort that studies and reports on Internet trends and behaviour. Click here to set an opt-out cookie which means that your browsing behaviour will no longer be tracked by ScorecardResearch. Please note that the ScorecardResearch service will commence again if you delete this cookie.
We use services rendered by intelliAd Media GmbH to provide our users with suitable offerings and advertising. Within this context, cookies are used to create and update pseudonymous usage profiles. You can opt out of this data processing at any time by clicking the following link: Opt-out/a>
The following information also applies to users in Germany:
Our website uses the "Scalable Centralised Measurement System" ("Skalierbares zentrales Messverfahren – currently known as SZMng") developed by INFOnline in order to enable us to gather statistical information about the use of our website. The objective of audience measurement is to statistically determine the intensity of use, the number of users of a particular website, and their surfing behaviour based on a standardised process in order to obtain values that can be compared on a market level.
Websites, the operators of which are members of the Informationsgemeinschaft zur Feststellung der Verbreitung von Werbeträgern e.V. (IVW – German Information Association for Determining the Circulation of Advertising Media) or which participate in surveys organised by Arbeitsgemeinschaft Online-Forschung e.V. ((AGOF – German Working Group for Online Media Research), will have their utilisation statistics published regularly by the AGOF and the Arbeitsgemeinschaft Media-Analyse e.V. (German Media Analysis Working Group) as well as by the IVW. This information can be viewed on the respective websites.
INFOnline GmbH collects and processes data according to German data protection law. Technical and organisational measures have been put in place to ensure that it is not possible to identify individual users at any time. Data that may contain a reference to a certain identifiable person will be anonymised as soon as possible.
Every device that accesses the internet to transfer data requires a unique address known as an IP address. Due to how the internet works, IP addresses have to be temporarily saved from a technical perspective. However, IP addresses are abridged prior to any processing and only processed in anonymised form. Full IP addresses are never saved or processed.
Geolocation, i.e. the identification of the real-world geographic location of a website visitor, takes place solely on the basis of the anonymised IP address and only at a regional level. This means that it is never possible to determine the specific place of residence of a user as a result of geolocation.
For the purpose of recognising computer systems, audience measurement either uses a cookie with the identifier “ioam.de”, a local storage object, or an anonymous signature which is created on the basis of various data automatically relayed by your browser. The cookie is valid for a maximum of one (1) year.
In order to measure distributed use, i.e. the use of various devices to access a single service), the user identifier may, if present, be sent to INFOline as an anonymised checksum during login.
The saved visits are deleted after a period of seven (7) months at the latest.
If you wish to opt-out of the measurement of data, please click on the following link: http://optout.ioam.de
More information about data protection within the scope of this method is available from the website of INFOnline GmbH, which operates the method, the data protection website of AGOF and the data protection website of IVW.
13. Log Files/Mobile Handshake
Each time you access a website from the XING Websites, XING will save the following data in a log file (the so called "server log"):
This log file will be stored by XING in the standardised "combined" log file format for the Apache web server. XING will not store your IP address once you leave the XING Websites. Except for legislation regarding the storage of data, Users’ IP addresses will be deleted or anonymised once they end their session on the XING Websites. Anonymisation means that IP addresses are modified in such a way that specific personal and/or factual information cannot be attributed to a certain identified or identifiable person or can only be attributed by deploying a disproportionately large amount of time, effort and cost.
XING uses the data from this log file in anonymous form without reference to your person for statistical purposes. In doing so, XING may analyse on which days and at which time the XING Websites are particularly frequented and how much data volume is created on the XING Websites. Furthermore, by using the log file, XING can identify defects on the XING Websites, such as defective hyperlinks or program defects, and thus continually improve the quality of the XING Websites. XING does not attribute the website demands stored in the log file to specific individual users. However, XING reserves the right to review the log files if XING has reasonable cause to believe that the member is using XING Services and/or XING Websites in breach of contractual agreements or the applicable legislation. In doing this, XING is protecting other XING Members and users, the safety of XING Members’ and users' data, as well as XING Websites and the XING Services.
The "Mobile Handshake" function allows you to see if there are XING Members in your vicinity who are also using this function. It allows other XING Members to find you if you have the "Mobile Handshake" function activated. To do this, XING needs to determine your location for a short period of time. In doing so, XING saves your position (longitude and latitude) and the point in time at which you used the "Mobile Handshake" function in its server log file. This information is only stored while XING determines your location. Once this process has been completed, your data will be deleted or anonymised.
Membership of XING Services is reserved for persons who have reached the legal age of 18. Parents and legal guardians are responsible for the protection of their children's privacy.
15. Accessibility of these Terms and Conditions on Data Protection