Privacy Policy | Moodagent

MOODAGENT PRIVACY POLICY

1. INTRODUCTION

Moodagent is redefining what it means to discover, listen to and share music. Our patented technology combines machine learning, artificial intelligence, and tens of thousands of hours of musicology. Being able to offer you a uniquely personalised music streaming service means that we have to collect some data in return.

We register your music preferences, including your playlists, your moodagents and settings, what you play, the music you like and skip activation, your actions in the service, the users you follow, location and any other related services (Facebook, Instagram, etc.) if you have given permission to share information with these services. All this data is used to improve your experience of our Service and is essential for the functionality of our Service. Our main purpose is to provide you with the most personalized music experience and to do that, it is essentially to build a profile of your music preferences based on your Behavioural Information. Therefore, in order to be able to provide the service, we must profile; please see section 4 below for further elaboration.

Your trust in us is critical, which is why we care deeply about your privacy, and it is crucial for us to secure your personal data and your rights.

This privacy policy (the “Privacy Policy”) applies to all our services as described in our Terms of Use, including our:

- Website – www.moodagent.com

- Account- account.moodagent.com

- Mobile Application – iOS and Android application

- Desktop Application- Windows, Mac and Linux

Moodagent A/S, (Havnegade 27, 1058 Copenhagen, Denmark) is the controller of your personal data. Information on how to contact us and our Privacy Team can be found in section “Contact information and complaints” below.

Throughout our Privacy Policy we’ll refer to the above-mentioned websites, applications and service collectively as the “Service”.

Our Privacy Policy contains our policy statement regarding our collection, use, and further processing of personal data. With our Privacy Policy we particularly want to inform you about how we process your personal data, your rights, what we do with your personal data and why we process your personal data.

Our Privacy Policy contains your rights in accordance with the General Data Protection Regulation (GDPR) as well as the national implementations and related national legislation. For users located outside of Europe national applicable privacy and data protection laws would apply (collectively the “Applicable Data Protection Laws”).

In order to deliver our Service and to deliver the best music experience and music recommendation, we use your personal data in several ways including, but not limited to, collection, organization, analysing, storage, erasure, or disclosure (the handling of personal data is collectively referred to as “Processing”/“Process”). In accordance with the Applicable Data Protection Laws personal data means all information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with us, is capable of identifying such person, including, but not limited to, name, address, location data and IP-address (collectively “Personal Data”).

If you are based in India, we will also Process Personal Data such as payment information and passwords, which may be categorised as sensitive personal data or information (“SPD”) under the national Data Protection Laws.

If you have any concerns about your Personal Data, please contact both our Support or Privacy Team. You can also contact and have the right to lodge a complaint with a Data Protection Authority. You can in particular contact the Authority in the State of your habitual residence or your place of work as well as the Danish Data Protection Authority (Datatilsynet) which is competent for us.

2. PERSONAL DATA WE COLLECT

2.1 Information you provide us with

CategoryDescription
General Contact InformationContact information, including name, email address and Country, you provide us with if you sign up to newsletters from our website.
Account InformationBasic information about you in order to create a profile on our service: Name, Address, Country, Username, Email, Telephone Number, Gender, Birthday; Profile Photo.
Payment InformationYour subscription plan, payments you have made, credit card information or other payment provider information.
User ContentContent you provide us with while using our Service, including your posts, playlists and moodagents..
Social Media InformationIf you have connected your social media profile to your Moodagent account, we will collect and Process the information (name, profile picture, unique ID, and email address) you give us access to.
Contest and Survey InformationIf you participate in contests, sweepstakes or surveys, we will collect your answers.

2.2 Information we collect automatically
CategoryDescription
Location InformationInformation about your approximate current position (country, city and region) based on IP-address and antenna data.
Technical InformationPlatform, IP address, device ID, type and family, version, carrier, OS, language and library.
Behavioural InformationYour actions within our Service: your music preferences, playlists, moodagents, plays, skips, preferred artists, duration, connections, search, navigation, shares, slider behaviour, likes, and other activities within the Services.
Log InformationLogin-sessions, notification reaction, user creation date and crash reporting.
Stored InformationPhotos stored on your device in the app if you want to upload a profile picture.

Please notice, that we do not always Process the above-mentioned Personal Data and we only Process each category of Personal Data if it is necessary to fulfil our contractual obligations with you or any third party, or to fulfil any other legal purpose, for the purposes of our legitimate interest pursued by us, to comply with a legal obligation or if you have given us your prior consent. Please see the sections below for further elaboration.

3. HOW AND WHY WE PROCESS PERSONAL DATA

Our legal grounds to Process your Personal Data and the purposes we pursue

To be as transparent as possible about which legal grounds we are Processing your Personal Data and which purpose we pursue in each case, we have created the following table. This includes which legal ground the personal data are collected and Processed for and what the purpose is for our Processing, we process SPD such as payment information or passwords, based on the consent that you have provided us when you signed up to the Moodagent service and the Terms of Use.


The Purpose of Processing Personal DataLegal Basiss
To communicate with you and send you direct marketing via our newsletter, including general information about our Service, special offers, our content providers, and launch dates.
  • Consent.
  • To manage your User Account and provide the service to you in accordance with our Terms of use, to integrate with third-party services, and to personalise and enhance your experience of the Service we use profiling, please see section 4 below for further elaboration.
  • Performance of a Contract.
  • To provide your User Account with a picture of your choice, we store it in our database.
  • Performance of a Contract..
  • To ensure the technical functionality of the Services and to prevent use of the Services in breach of the terms of use.
  • Legitimate Interest(We have a legitimate interest in ensuring the technical functionality of the Services and preventing the use of the Services in breach of our terms of use.) 
  • To improve and develop the Service or new services and products, and to analyse your use of the Service.
  • Legitimate Interest (We have a legitimate interest in improving and developing the Services as well as new services and products, and to analyse your use of the Services).
  • To be able to display ads that are relevant to you and your interests.
  • Legitimate Interest (We have a legitimate interest in interest-based advertising to be able to show our users advertisements based on their personal interests).
  • To send you direct communication and marketing about the Service and our own similar (to the Service) products to the email-address you have provided us with in your User Account during sign-up, in the Service, or directly from third parties. The communication you will receive is about the Service, our company, new endeavours and functionalities, music, recommendations, tips and tricks, new artists, offerings and other information and marketing.
  • Consent
  • Legitimate Interest  (We have a legitimate interest in sending you direct communication and marketing to inform you about the Service and our products as far as this is in line with applicable legal requirements).
  • To enforce the terms of use, including protecting our and any third parties rights, property, and safety, when deemed necessary.
  • Legitimate Interest  (We have a legitimate interest in complying with our contractual obligations towards artists, labels, composers, and other right holders. Our contractual obligations include the distribution of monies, reporting to charts, and security measures. We also have a legitimate interest in safeguarding and defending our rights). 
  • To communicate with you, for example if you have questions to the Service or to our Terms of use.
  • Performance of a Contract
  • Legitimate Interest (Where our communication is not linked to a specific contract, we have a legitimate interest in communicating with you and to address any queries you may have).
  • To notify you about technical, functional and legal updates.
  • Performance of a Contract
  • Legitimate Interest (Where our notifications are not linked to a specific contract, we have a legitimate interest in communicating service announcements to you via email or push notification within the Service).
  • To give you access to participate in contest and other sweepstakes, and to Determine winners and contact them.
  • Performance of a Contract
  • Consent
  • (to send you direct communication and marketing containing contests).


    You may have an absolute right to object to the Processing of your Personal Data for direct marketing depending on your Applicable Data Protection Laws. You also have the right to revoke your prior consent, if such is given. The withdrawal of your consent does not affect the lawfulness of the Processing based on the consent given before its withdrawal, and we may continue Processing your Personal Data (except direct marketing) unless we can base it on other legal grounds.

    If you are based in India and you withdraw your consent, we will not use SPD.

    If you object to the Processing of your Personal Data conducted on the basis of our legitimate interests, we will make a justification assessment of your objections and, if we find your objections justified, we will cease to Process your Personal Data for these purposes, unless we are otherwise justified to do so.

    If you are based in India, we will cease to Process any SPD upon withdrawal of your consent.

    4. PROFILING

    As a part of our Service and to give you the best and most qualified and personalised music experience, we Process your User Behaviour, your Device ID and model, your country, birthday, and other associated Personal Data. We use the information to create a unique profile of your music preferences in order for us to improve our recommendation algorithm so the Service will be more personalised during your use. This is essential for providing the service of Moodagent.

    We create your profile by Processing the following Personal Data:

  • Your Behavioural Information
  • Your Account Information
  • Your User Content
  • Your Location Information
  • Your Technical Information
  • If you refrain from being subject to profiling, we cannot continue to deliver our Service to you as the profiling and the derived personalised recommendation of music is an essential part of our Service. As a result, thereof you must immediately cease using our Service and contact us at our email address support@moodagent.com with a request for deletion of your Personal Data.

    5. DISCLOSURE OF PERSONAL DATA

    We constantly conduct and improve technical maintenance of the Platform to protect the security and confidentiality of personal data we process and to perform certain business-related functions that help make our services available and functional and enable us to analyse the use of our services in order to continuously improve them. For this reason, we transfer your profile data to the following categories of service providers:

  • IT service providers (hosting, database, security, technical maintenance and storage systems);
  • Cloud service providers (for provision of cloud-based services such as storage or hosting certain software);
  • Technical suppliers (to support functioning of the service and technical systems (both front and back end));
  • Communication service provider (to technically enable communication with you when providing customer support and sending newsletters);
  • Payment Processors (to perform payment transactions);
  • Business analytics (to provide analytics of data and product intelligence);
  • Providers of website analytics tools (website analytics);
  • Marketing suppliers (to provide targeted marketing of the service).
  • These service providers are located in the following regions: USA and Europe.

    From time to time and in the following situations we may transfer or share Personal Data with third parties:

  • When you have a User Account at our Service, other users are able to see your profile photo, username and User Behaviour. They might also see your followers and likes. If you have connected as a follower, other users can also see your name, gender, and birthday.
  • If you have provided us with respective prior consent, we will share your email-address and some of your User Behaviour with our Music Content partners in order for them to send you direct marketing.
  • Your Account Information and some aggregated Behavioural Information will be shared with email marketing providers for multi-channel messaging and campaign management located in the USA.
  • Your Payment Information is Processed with the payment providers located in Denmark, Netherlands, India and the USA.
  • Your Personal Data is shared with the providers of tools located in the USA that enable us to display ads that are relevant to you and your interests
  • Your Personal Data can be shared with our Subsidiaries, Employees and independent contractors located in Denmark, Germany, India, and Australia to carry out our daily business operations and to enable us to maintain and provide the service to you.
  • Legal and regulatory requirements can justify that we disclose Personal Data in response to a court order and other governmental requests.
  • If our business is transferred in relation with a merger, sale of assets, or acquisition of our company, we will share your Personal Data with the acquiring third party to the extent possible under Applicable Data Protection Laws.
  • The following Personal Data may be publicly available on the Service: Your name and/or your username, profile photo, who you are following and your approved followers on the Service, your recently played artists, and your public playlists.

    The following Personal Data may be publicly available on the Service: Your name and/or your username, profile photo, who you are following and your approved followers on the Service, your recently played artists, and your public playlists.

    Please be aware that when you visit our Website, you may be directed to other webpages where the Processing of your Personal Data is outside of our control. The privacy policies of the other webpages will govern how they Process your Personal Data on the relevant webpage.

    If your Personal Data is transferred to any third party, we will ensure that the transfer is in accordance with Applicable Data Protection Laws and that sufficient security measures are in place in connection with the transfer. You can contact us at any time for further information regarding the transfer and to obtain a copy of the appropriate or suitable safeguards we have implemented.

    Please be informed, that the mentioned data controllers and processors could be located outside of the EU / EEA and your Personal Data might be transferred out of the EU / EEA, however, we have secured that these data controllers and processors have sufficient security measures and have entered into so-called standard contractual clauses with them (Art. 46 GDPR).

    6. RESPONDING TO LEGAL REQUESTS AND PREVENTING HARM

    We may access, preserve, share or otherwise Process your Personal Data in response to a legal request (like a search warrant, court order or a subpoena or the like), or when necessary as part of investigations to detect, prevent and address fraud and other illegal activity, or to protect ourselves, you and other users.

    7. COOKIES, PIXELS OG OTHER TECHNOLOGIES

    The information on how we use cookies, pixels and tags on your browser or device is available in our Cookie Policy.

    8. RETENTION

    We generally discard information about you when we no longer need the information for the purposes for which we collect and use it. When you cancel your subscription, we will provide you with an option to delete all your Personal Data at once or keep the Personal Data with us for 365 days. If you choose to delete all your Personal Data at once or when the 365 days are expired, we will delete all your Personal Data, and you will not be able to restore or reactivate your user account or access your generated content. In India, we will keep the user data for 180 days before permanently deleting it.

    If you choose not to delete your account, it will be paused but can be reactivated within 365 days.

    However, we keep your generated content (Moodagents, playlists, liked tracks, albums, artists, etc.) and payment information in an anonymised format indefinitely to train and maintain the Moodagent App and algorithms. We will permanently delete any links between your user account information, generated content, and payment information..

    To establish whether you have previously created a User Account and thus have had access to a Free Access Period (14 days free trial and/or 30 days free Premium Access) we will store part of your Personal Data (user ID, email, and payment reference number) for up to 5 years.

    We keep and anonymise the web server logs that record information about visitors to our website.

    Personal Data that is processed in connection with (i) the improvement and development of the Service or new services and products, respectively the analysis of your use of the Service and (ii) the display of ads that are relevant to you and your interests is retained for the same period as the (analytics and marketing) cookies connected to it. Therefore, please refer to our Cookie Policy for the specific retention periods.

    We retain Personal Data that we collect with your prior consent until you withdraw your consent.

    The information of how to cancel your subscription or delete the account is available in the Terms of Use.

    9. CHILDREN

    The Service is not directed to persons under the age of 13 (for Danish) and 16 (for German) users (hereby referred to as “Child” or “Children”) and those under the age, are not permitted to use our Service.

    CountryAge Requirements
    DenmarkMust be a) minimum 18 or b) be 13-17 and have parent/guardian consent. 
    GermanyMust be a) minimum 18 or b) be 16 - 17 and have parent/guardian consent.
    IndiaMust be a) minimum 18 or b) be 13-17 and have parent/guardian consent.
    AustraliaMust be a) minimum 18 or b) be 14-17 and have parent/guardian consent.
    New ZealandMust be a) minimum 18 or b) be 14-17 and have parent/guardian consent.

    We do not knowingly collect Personal Data from children. If you are a parent or guardian of a Child and you become aware that the Child has provided Personal Data to Moodagent without your consent, please contact support@moodagent.com to exercise your access, rectification, erasure, limiting of processing and objection rights.

    If we become aware that we have Processed Personal Data about a Child, we will take the necessary precautions to delete the Personal Data of that Child and, if required, a deletion of the user account.

    10. YOUR RIGHTS

    When we Process your Personal Data, we follow the local Applicable Data Protection law. If you are based in EU, you have the following rights according to Applicable Data Protection Laws:

  • Right of Access: Your right to be informed of, and request access to, the Personal Data we Process about you;
  • Right to Rectification: Your right to request that we update your Personal Data if it is inaccurate or incomplete;
  • Right to Erasure: Your right to request that we delete your Personal Data;
  • Right to Restrict: Your right to request that we restrict Processing your Personal Data, temporarily or permanently;

  • Right to Object: Your right to object to Personal Data being Processed for direct marketing purposes or – on grounds relating to your particular situation – on the basis of legitimate interests


  • Right to Data Portability: Your right to request a copy of Personal Data in electronic format and the right to transmit that Personal Data; and
  • Right not to be subject to automated decision-making (including Profiling): Your right to not be subject to a decision based solely on automated processing, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.
  • To exercise your rights, please contact our Privacy Team at privacy@moodagent.com.

    11. CONTACT INFORMATION AND COMPLAINTS

    You can contact Moodagent at:

    Moodagent A/S,

    CVR 29421773

    Havnegade 27, 1058 Copenhagen, Denmark,

    privacy@moodagent.com

    Tel.: +45 36 16 36 00

    To exercise your rights, or if you have any questions regarding our Processing of your Personal Data, please contact our Privacy Team at privacy@moodagent.com. In your email, please state your full name as well as the email address used to create the account.

    If you have any complaints regarding our Processing of your Personal Data, you may file a complaint to the competent data protection authority. You can find out more about the local data protection authorities at:

    - European Union: https://edpb.europa.eu/about-edpb/board/members_en

    - Australia: https://www.oaic.gov.au/

    - New Zealand: https://privacy.org.nz/your-rights/making-a-complaint/complaint-form/

    12. SECURITY

    While no online service is 100 % secure, we work very hard to protect and secure your Personal Data from unauthorised access, data breach, use, alteration, etc., and we take all reasonable measures as required under Applicable Data Protection Laws to do so.

    13. NOTICE OF CHANGES TO THIS PRIVACY POLICY

    If we make changes to this Privacy Policy, we will notify you via email or via a notice at the top of our Privacy Policy. If your consent is required due to the changes, we will provide you with additional, prominent notice as appropriate under the circumstances and ask for your consent in accordance with Applicable Data Protection Laws.

    March 2021

    Moodagent ©