Privacy Policy

This is the Privacy Policy of Moods Sound Design, LLC (“we”, “us” or “our”), which applies to this Website and all related Websites and other services provided by us and on which a link to this Privacy Policy is displayed.

Together with the Website Use Agreement, this policy sets out the basis on which any personal data you provide will be collected, processed, used and stored by us. Please read it carefully. By visiting this Website you are accepting and consenting to the practices described in this Privacy Policy which may be modified from time to time in accordance with the terms set forth herein below. Any capitalized terms that are not defined in this Privacy Policy shall have the meaning given in the Website Use Agreement.

This Privacy Policy will remain in full force and effect, even if your use of or participation in the Website or any particular service, feature, function or promotional activity offered through the Website terminates, expires, ceases, is suspended or deactivated for any reason. If you do not agree with this Privacy Policy, please do not participate in the Website or any features, activities or services offered through the Website. If you reside in any country other than the United States, you acknowledge and agree that the Website is operated exclusively from, and is being provided solely in accordance with, the laws of the United States. The laws of the United States may differ from those of the country in which you reside. Please ensure that you are comfortable with these differences before accessing and using the Website.

This Privacy Policy applies regardless of the Device you use to access the Website and whether you are accessing the Website as a registered User or otherwise. This Privacy Policy governs only the Information collected by us on the Website and does not cover any other information collected in any other manner or collected by any other entity, unless specifically stated. We may combine your Information with other information we collect from other sources, such as information received from marketing companies or Advertisers as such may exist from time to time and, if we do so, our use of the resulting combined Information will be subject to this Privacy Policy.

You may choose to provide certain information to us when you use the Website. When we use the term “Personal Information” we mean any information that we collect on the Website that would allow someone to identify you or contact you, such as your full name, address, email address or telephone number. When we use the term “Additional Information”, we mean any information that we collect on the Website other than Personal Information, for example, whether you are a filmmaker, a podcaster, your musical preferences, etc. (Personal Information and Additional Information are collectively referred to as “Information”). By visiting, accessing or otherwise using the Website, you affirmatively consent to our collection and use of Information in accordance with the terms of this Privacy Policy.

The legal bases for our processing of Personal Information and Additional Information are described below, and include that the processing is carried out in MSD’s legitimate interests, which are further explained in the section “Sharing and Disclosure of Information We Collect” of this Privacy Policy. We may also process data upon your consent, asking for it as appropriate.

INFORMATION WE COLLECT

If you elect to become a registered User of the Website and establish an account with us, we will require you to provide a username and password (together, your “User ID”), along with certain Personal Information including your name, your company’s name, your email address, mailing addresses, and phone number. You may be given the option to provide Additional Information. We do not sell your information to third parties. We use or may use this Information for many purposes; e.g., for the purpose of licensing our Content for your Project, to contact with you regarding updates to our services, to notify you of offers and promotions including, without limitation, to advise you of news, events and new services we offer (unless you inform us via email that you opt out from receiving such communications), to maintain or update your account; to respond to your submissions or inquiries; and to contact you about a material change to this Privacy Policy or Website Use Agreement. We may also use this Information if acting in good faith we believe it necessary to protect or defend our legal rights or property (including enforcement of our agreements) or the legal rights or property of our employees, agents and contractors; to protect the safety and security of our Website and Website Users; to protect against fraud or for risk management purposes; if we believe you have acted in violation of the Website Use Agreement or this Privacy Policy; to comply with applicable law or in the good faith belief that use of Information is necessary in order to conform with the requirements of the law or to comply with legal process served on us; and for the purpose of notifying third parties as part of any corporate reorganization process, including, but not limited to mergers, acquisitions, as required by law in connection with the sale of all or substantially all of our assets. In the event of a corporate reorganization, we may buy or sell/divest/transfer the company (including any shares in the company), or any combination of its products, services, assets and/or businesses. Your Information may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the company. You will be notified via email and/or a prominent notice on our Website of any change in ownership or uses of your Information, as well as any choices you may have regarding your personal information. We also use this Information to operate our Website; for example, marketing purposes.

The Website may provide you with links to other unrelated social media Websites (e.g., Facebook and Twitter). To participate in these features and functions, you may be asked to provide certain Information about you in order to personalize and/or allow you to use these features and functions. For example, in order to listen to samples of our Content and to license our Content for your Project, you will have the option to establish a User account and must provide us with Information.

A separate registration process requiring the submission of Information may be necessary for you to participate in certain Website-related contests, sweepstakes and surveys. We will use the Information you provide for the purpose of conducting the promotion and/or survey.

Google Analytics: We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to collect certain information relating to your use of the Website. Google Analytics uses “cookies” (see below) to help the Website analyze how users use the Website. You can find out more about how Google uses data when you visit our Website by visiting “How Google uses data when you use our partners’ Websites or apps”, (located at www.google.com/policies/privacy/partners/). For more information regarding Google Analytics please visit Google’s Website, and pages that describe Google Analytics, such as www.google.com/analytics/learn/privacy.html.

COOKIES AND TRACKING TECHNOLOGIES

Our Website includes features that automatically collect Additional Information regarding your visits to the Website to assist us in keeping track of your preferences, create a more tailored User experience and better serve your particular interests and needs. The Website may use “cookies,” (which are small data files containing information about you that is stored on your hard drive), “embedded scripts”, and other similar tracking technologies (collectively, “Tracking Technologies”) to collect Additional Information automatically as you interact with the Website. Some cookies are used to make login to our Website easier (such as by remembering your User ID). Cookies also enable us to track your interaction with the Website and target your interests to enhance your Website experience (e.g., for tracking your sessions and use of the music we offer, your licensing history, etc.). You can have your computer warn you each time a cookie is being placed on your device, or you can choose to block all cookies. You can do this through your browser settings. Each browser is a little different, so explore your browser’s Help menu to learn how to modify your cookies. Keep in mind that if you turn cookies off, you won’t have access to some features that make your Website experience more efficient, and some of our services may not function properly.

We may also use Tracking Technologies to collect “clickstream” data, such as the domain name of the Website providing you with Internet access, the Internet protocol (IP) address used to connect your computer to the Internet, your browser type and version, operating system and platform, the average time spent on our Website, pages viewed, content searched for, access times and other relevant statistics, and assign unique identifiers to the Device you use to access the Website for the same purposes. Your Personal Information is not collected as part of this process. However, we may associate the information obtained through these Tracking Technologies with your Personal Information so we can better customize your Website experience to your specific interests. By visiting the Website, whether as a registered User or otherwise, you acknowledge, understand and hereby agree that you are giving us your consent to track your activities and your use of the Website as described in this Privacy Policy.

This Website may also use a variety of third party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers and other third parties to, for example, serve advertisements on the Website, facilitate targeting of advertisements and/or measure and analyze advertising effectiveness and/or traffic on the Website. Such services may enable us to display advertisements based on your visits to the Website and other websites you have visited. Targeting services enable us to, among other things, help deliver advertisements or other content to you for products and services that you might be interested in, to prevent you from seeing the same advertisements too many times and to conduct research regarding the usefulness of certain advertisements to you.

Note that you may opt out of receiving interest‐based advertising from advertising networks that may be delivered on our platform and other websites by visiting the following websites: http://www.aboutads.info/consumers; and http://www.networkadvertising.org.

This will opt you out of many, but not all, of the interest‐based advertising activities in which we or third parties engage. Understand that changes you make may be browser‐ and device‐specific. If you delete your cookies, use a different browser, or use a different computer or device, you may need to update your opt‐out choices. In some cases, to opt‐out of receiving interest‐based ads on some third‐party Websites, you must change your settings on that Website.

SHARING AND DISCLOSURE OF INFORMATION WE COLLECT

We do not sell or lease your Personal Information to third parties. We may share Personal Information with third parties, e.g., for processing of credit cards to pay license fees, but we do not disclose Personal Information to them except as described in this Privacy Policy. For example, we use payment gateways to process and store your payment information, such as credit card data. For more insight into the manner in which these payment gateways handle your Personal Information, you can review their privacy policies at https://stripe.com/us/privacy.

The Website may offer co-branded services and features, such as events and Promotions provided by us and/or third party partners, and that may be hosted on the Website and/or our co-branded partner’s website. We may share your Personal Information with such co-branded partners and your voluntary use of or participation in a co-branded service or feature means that you opt-in and give your affirmative consent to both the Website and our co-branded partners to collect any information provided in connection with the specific co-branded feature or service and to use such information for the fulfillment of the feature or service and for marketing or administrative purposes. The co-branded partner will be identified on the co-branded feature or service, along with the co-branded partner’s privacy policy. If you wish to opt-out of a co-branded partner’s future use of your Personal Information for marketing purposes, you will need to contact the co-branded partner directly and the use of such information by co-branded partner is subject to co-branded partner’s privacy policy.

Certain Personal Information associated with post you have made may be intended for disclosure, such as your username. We will disclose any such Personal Information in connection with the display of, and other services relating to, such post and by submitting a post on our Website you affirmatively consent to the distribution of your Personal Information as described herein.

We also have the right to disclose your Personal Information and other information to third parties for the purpose of administering and maintaining the Website’s services, features, functions and operations. We will refer to these third parties as “Website service providers”. We use Website service providers to efficiently provide the full range of content, activities, services, features and functions we bring you and we disclose your Information to Website service providers for the purpose of providing services to us. These Website service providers may temporarily store some information on their servers, but they may only use your Personal Information to provide us with a specific service and not for any other purpose.

Other than as set forth in this Privacy Policy, we do not share your Personal Information with third parties, apart from those acting as our agents in providing our Website to you, and which agree to use it only for that purpose and to keep the information secure and confidential. Also, please be aware that any company that may become affiliated with us or entities to which any of our assets, products, services, or operations may be transferred, may obtain from us and be able to use your Personal Information.

USER CHOICE AND ACCESS

By accepting the terms of this Privacy Policy, you expressly choose to receive certain communications from us and certain third parties, and you expressly agree to the privacy practices described herein. You may change your privacy preferences (e.g., choose to cease receiving certain communications or ask us not to share your Personal Information with a particular third party) by sending an email to us at support@moodssounddesign.com detailing your privacy request. Other privacy preferences (e.g., hiding your User profile or deactivating your User account) may be made by modifying your account settings on the Website. Except as described in this Privacy Policy, we will obtain your permission before we use the Personal Information you provide to us in a way that is inconsistent with the purpose for which it was submitted or share your Personal Information with third parties that are not affiliated with us. If you ask us to stop using your Personal Information, we will honor that request while retaining a record of any Personal Information as necessary to comply with applicable federal, state or local law. You always have the right to access and correct the Personal Information you have provided and generally you may review, update or delete certain Information collected by the Website at any time by accessing your account.

CHILDREN

Our Website is directed to the general public. We do not knowingly collect information from children under 13 years of age or have any reasonable grounds for believing that children under the age of 13 are accessing our Website or availing themselves of the services we offer. If we learn that we have inadvertently collected Personal Information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 13, please contact us. If you are between the ages of 13 and 18 please ensure that you have your parent’s or guardian’s consent to register and/or before you provide any personal data to the Website. Do not provide us with personal data if you are between the ages of 13 and 18 and have not obtained this consent.

SECURITY

While we use standard security procedures and practices relative to safeguarding your Information, no Internet data transaction can be guaranteed as 100% secure. We maintain commercially reasonable physical, electronic and procedural safeguards to protect your Personal Information. Consequently, while we strive to protect and conserve your Personal Information, we do not guarantee or attest comprehensive security of your Personal Information transmission. If you transmit Personal Information to us, you do so at your own risk. We also limit access to the Website by our own employees, contractors, Website service providers and those individuals who are authorized for the proper handling of such information. We request that our third party contractors and Website service providers follow similar standards of security and confidentiality.

RETENTION OF YOUR INFORMATION

We retain your Information for as long as necessary to provide the products and fulfill the transactions you have requested, or for other essential purposes such as complying with our legal obligations, resolving disputes, and enforcing our agreements. Because these needs can vary for different data types in the context of different products, actual retention periods may vary based on criteria such as user expectations or consent, the sensitivity of the data, the availability of automated controls that enable users to delete data, and our legal or contractual obligations.

LINKS

The Website may be linked to Internet Websites operated by other companies. The Website may also feature advertisements from other third parties. We are not responsible for the privacy practices of such websites or other services operated by third parties that are linked to or integrated with the Website or for the privacy practices of third party Internet advertising companies. Once you leave this Website via such a link, access a third party application or click on an advertisement, you should review the applicable privacy policy of the third party Website to determine, among other things, how they will handle any personally identifiable or other information that they may collect from you.

PRIVACY POLICY CHANGES

From time to time we may modify this Privacy Policy for a variety of reasons, including without limitation, to reflect industry initiatives or changes in the law, our Information collection and use practices, the features of the Website, or technology, and such modifications shall be effective upon posting. Your continued use of the Website after we post a revised Privacy Policy signifies your acceptance of the revised Privacy Policy. It is therefore important that you review this Privacy Policy regularly to ensure you are updated as to any changes. We reserve the right, in our sole and absolute discretion, to make changes to this Policy from time to time. Please review this Policy periodically to check for updates. If any changes are material and/or retroactive, we may provide additional notice and/or an opportunity to “opt-in,” as appropriate under the circumstances, such as positing same on our Website.

ACCURACY

It is your responsibility to give us current, complete, truthful and accurate information, including Personal Information, and to keep such information up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or Personal Information or you fail to update such information or Personal Information. We will reject and delete any entry that we believe in good faith to be false, fraudulent or inconsistent with this Privacy Policy.

CONTACT US

If you have any questions about our privacy practices or any of the terms or conditions of this Privacy Policy, please feel free to contact us via email at: support@moodssounddesign.com or by mail at: Moods Sound Design, LLC, 6635 W Happy Valley Rd., Suite A104-303, Glendale, AZ 85310.

This Privacy Policy was last modified on the date indicated below and is effective immediately.

Last Updated: May, 2020