Privacy
Policy

Version 1.00 – September 19, 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.

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 Behavioral 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 – moodagent.com 
  • Application – iOS and Android application
  • Music streaming service 

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 processing of personal data. With Our Privacy Policy we 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 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”).

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, analyzing, storage, erasure or disclosure (collectively “Processing”). 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”).

2. Personal Data we collect

2.1 Information you provide us with

CategoryDescription

General Contact Information

Contact information, including name, email address and Country, you provide us with if you sign up to newsletters from our website.

Account Information

Basic information about you in order to create a profile on our service: (Mandatory) Name, Address, Country, Username, Email-address, Telephone Number, Gender, Birthday; (Voluntary) Profile Photo.

Payment Information

Your subscription plan, payments you have made, credit card information or other payment provider information.

User Content

Content you provide us with while using our Service, including your posts, playlists and moodagents.

Social Media Information

If you have connected your social medial profile to your Moodagent account, we will collect and Process the information you give us access to.

Contest and Survey Information

If you participate in contests, sweepstakes or surveys, we will collect your answers.

2.2 Information we collect automatically

CategoryDescription

Location Information

Information about your approximate current position (country, city and region) based on IP-address and antenna data.

Technical Information

Platform, IP address, device ID, type and family, version, carrier, OS, language and library.

Behavioral Information

Your actions within our Service: your music preferences, playlists, moodagents, plays, skips, preferred artists, duration, connections, search, navigation, shares, slider behavior, likes and other activities within the Services.

Log Information

Login-sessions, notification reaction, user creation date and crash reporting.

Stored Information

Photos stored on your device

Cookie Information

Please see our Cookie Policy

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 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 

3.1 Purposes of processing your Personal Data

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

  • To administrate your account.
  • To enable and provide the Service and integration with third party services, and to provide, personalize and improve your experience with the Services, and to otherwise provide the Services according to the terms of use.
  • To deliver and send you marketing and direct communication about our Service or our own related services.
  • To notify you about technical and legal updates.
  • To give you subscription and payment information.
  • To improve and develop the Service or new services and products, and to analyze your use of the Service.
  • To ensure the technical functionality of the Services and to prevent use of the Services in breach of the terms of use.
  • 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.

3.2 Our legal grounds to process your Personal 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:
General Contact Information

In order 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

Because:
You have provided us with your consent, either when you signed up, within the Service or on our Website, to receive our newsletter.

We Process: 
Account Information, Payment Information, User Content, Location Information, Technical Information, Behavioural Information and Log Information

In order 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 personalize and enhance your experience of the Service we use profiling, please see section 4 below for further elaboration.

Because:
The Processing is necessary for the performance of the Agreement between you and us, to provide you with the Service, and to implement measures prior to the conclusion of the Agreement. 

All the specific Personal Data is necessary for us to provide you the Service and for you to access the Service.

We Process:
Stored Information

In order to:
Provide your User Account with a picture of your choice

Because:
You have provided us with your consent to receive photos and/or other pictures, when you uploaded and inserted the profile photo.

We Process:
Technical Information and Log Information

In order to:
Ensure the technical functionality of the Services and to prevent use of the Services in breach of the terms of use.

Because:
The Processing is necessary for the purposes of our legitimate interest pursued by us.

We Process:
Behavioral Information and Technical Information

In order to: 
Improve and develop the Service or new services and products, and to analyze your use of the Service.

Because:
The Processing is necessary for the purposes of our legitimate interest.

We Process:
Account Information and Behavioural Information

In order 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. 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.

The Processing of your Personal Data to send you direct communication and marketing about our own similar products may also be justified through our legitimate interest when you have subscribed to the Service, when the Personal Data is received during sign-up. In our communication you will have an opportunity to object to such future direct communication.

We Process:
Account Information and Behavioural Information

In order to:
Send you direct communication and marketing 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 music, recommendations, tips and tricks, offerings, new artists and other information and marketing.

Because:
You have provided us with your consent to transfer your Personal Data to third parties, and for us and them to send you direct communication and marketing.

We Process:
Location Information and Behavioural Information

In order to:
Enforce the terms of use, including protecting our and any third parties’ rights, property and safety, when deemed necessary.

Because:
The Processing is necessary for the purposes of our legitimate interest to comply with our contractual obligations towards artists, labels, composers and other right holders. Our contractual obligations include distribution of monies, reporting to charts and security measures.

We Process:
Account Information

In order 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 and other enquiries and is necessary for us to deliver the Service.

We Process:
Account Information

In order to:
Notify you about technical, functional and legal updates.

Because:
The Processing is necessary for the purposes of our legitimate interest in communicating service announcements to you via email or push notification within the Service.

We process:
Contest and Survey Information, and Account Information

In order to:
Give you access to participate in contest and other sweepstakes, and to Determine winners of contests and contact them

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

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.

4. Profiling

As a part of our Service and to give you the best and most qualified and personalized 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 personalized 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 personalized 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

From time to time and in the following situations we may 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 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 Behavioral Information will be shared with email marketing providers.
  • Your Payment Information will be shared with our payment gateways.
  • Your Personal Data can be shared with our Subsidiaries, Employees and independent contractors.
  • Legal and regulatory requirements can justify that we disclose Personal Data in response 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.  

The following Personal Data may be publicly available on the Service: Your name and/or your username, profile photo, who you are following and who is following you 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 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.

Please be informed, that the mentioned data controllers 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 have sufficient security measures and are compliant with the PrivacyShield (see https://www.privacyshield.gov).

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. If and 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 chose 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 Behavioral Information. However, we keep your Behavioral Information and Payment Information in an anonymized format indefinitely and every and all link between your user account and your Behavioral Information and Payment Information will be permanently deleted. 

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 Service 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 complains

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. Security

While no online service is 100 % secure, we work very hard to protect and secure your Personal Data from unauthorized access, data breach, use, alteration etc., and we take all reasonable measures 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 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.

Moodagent © 2019