Privacy
Policy

Version 0.90 – August 2019

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 human musicology. Being able to offer you a uniquely personalized music streaming service means that we have to collect some data in return. With this privacy policy (“Privacy Policy”), we want to inform you about your rights, how we process your personal data, what we do with it and why. This applies to all Moodagent websites (“Website”). 

The Privacy Policy contains your rights in accordance with the Danish Data Protection Act (no. 502 of 23 May 2018), the General Data Protection Regulation (Regulation no. 2016/679) and the Directive on Privacy and Electronic Communications (Directive 2002/58/EC), as well as the national implementations and related national legislation (collectively the “Applicable Data Protection Laws”).

2. Data processing in Moodagent

When you use our Website, we may use your personal data in several ways including, but not limited to, collection, organization, analyzing, storage, erasure or disclosure (collectively “Processing”), subject to your actions on our Website. In accordance with the Applicable Data Protection Laws, personal data means all information that is directly or indirectly referable to you as a natural living person including, but not limited to, name, address, location data and IP-address (collectively “Personal Data”). 

We will collect and process Personal Data on different occasions and in the following ways:

  • When you interact with our Website, sign up for newsletters and, or use our contact forms.
  • Through third party services.

We will process one or more of the following types of Personal Data:

  • Name;
  • Country;
  • Email address;
  • Information from social media accounts; and
  • Data from contests, surveys and sweepstakes.

As mentioned, we do not always process all of the above-mentioned Personal Data and we only process each type of Personal Data if it is necessary to fulfil our contractual obligations with you or any third party that may be involved, or to fulfil any other legal purpose. Please see the sections below for further elaboration.

3. The purposes of our processing of data

The purposes of our Processing of your Personal Data are the following:

  • To deliver marketing and direct communication about our Service or our own related services.
  • To notify you about technical and legal updates.
  • To enforce the terms of use, including protecting our and any third parties’ rights, property and safety.
  • To comply with mandatory legislation.
  • To communicate with you.

4. Legal grounds for our processing of data

To be as transparent as possible about which legal grounds we are Processing your Personal Data and which purpose we pursuit in each case, we have created the following table. This includes which types of Personal Data we use, on which legal ground they are collected and processed and what the purpose is for our processing:

PurposeLegal Grounds

We process your: Name;  Email address; and Country

In pursuance with Section 3 (a):
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 during sign-up to our newsletter. We send you information about the Service, our company, new endeavors and functionalities, music, recommendations, tips and tricks, offerings and other information and marketing.

Because:
You have provided us with your consent to send you direct communication and marketing.

We process your: Name; and Email address

In pursuance with Section 3 (e):
To communicate with you, for example if you have questions to the Service or to our Terms of use.

Because:
The Processing is necessary for the purposes of our legitimate interest in communicating with you if you have questions or other enquiries as it is necessary for us to deliver the Service.

We process your: Name; and Email address

In pursuance with Section 3 (b):
To notify you about technical, functional and legal updates. 

Because:
You have provided us with your consent to send you direct communication and marketing.

We process your: Name; Email address; and Data from contests, surveys and sweepstakes

In pursuance with Section 3 (a)(e):
To communicate with you during the test phase (private beta test) and about your experiences with our Service in order for us to improve and develop the Service.

Because:
You have provided us with your consent to send you direct communication and marketing.

You have an absolute right to object to the Processing of your Personal Data for direct communication and marketing. You also have the right to recall your prior given 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 based on other legal grounds, except for direct marketing

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.

5. Disclosure of personal data

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

  • Your Personal Data will be shared with LeanPlum, Inc. according to their privacy policy (see https://www.leanplum.com/privacy/) and Amplitude, Inc. according to their privacy policy (see https://amplitude.com/privacy). Please be informed, that the mentioned data controllers are 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 have sufficient security measures and are compliant with the PrivacyShield (see https://www.privacyshield.gov)

Please be aware that when you visit our Website, you may be directed to other webpages where 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 countries established outside the EU/EEA (“Third countries”), 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 anytime for further information regarding the transfer.

6. Responding to legal requests and preventing harm

We may access, preserve and share 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 and other technologies

We collect information by using technology such as cookies, pixels and tags on your browser or device. For information about how we use these types of technologies, please see 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. We keep and anonymize the web server logs that record information about visitors to our Website. We retain Personal Data that we collect with your prior consent until you withdraw your consent.

9. Children

The Services are not directed to persons under the age of 13 (hereby referred to as “Child” or “Children”) and those  under the age of 13, are not permitted to use our Service. We do not knowingly collect Personal Data about 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 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;
  • Right to Erasure: Your right to request that we delete your Personal Data;
  • Right to Restrict: Your right to request that we stop Processing your Personal Data, temporarily or permanently;
  • Right to Object: Your right to object to Personal Data being Processed for direct communication or marketing purposes;
  • 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 Profiling (or automated decision-making): Your right to not be subject to a decision based solely on automated decision making, 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 Data Protection Officer at the email address provided below in section 11.

11. Contact information and complaints

To exercise your rights, or if you have any questions regarding our Processing of your Personal Data, please contact our Data Protection Officer at dpo@moodagent.com. In your email, please state your full name as well 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 http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm

12. Notice of changes to this privacy policy

If we make changes to this Privacy Policy, we will notify you via email or via 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.

Congratulations, you’ve made it to the end of Moodagent’s Privacy Policy. Now go reward yourself with some great music.

Moodagent © 2019