Personal Information We Collect
“Contact information” including your name, email address, postal address and telephone number;
“Technical information” including information from or about your device such as model, operating system, unique IDs, IP address, and general location information such as state or country, and your usage of our Sites such as areas you visit, referring URL, content that you view, download or submit, and communications including chat features;
“Billing Information” including transaction type, transaction amount, payment, shipping and billing information as well as the nature, quantity and price of the goods or services you exchange and the individuals or entities with whom you communicate or transact business; provided, however, that Mood uses a third party to process your credit card information;
“Advertising and Cookie and Tracking Information” as described below.
“Other Information” including areas of interest, a unique individual password, and any other information you submit to us.
When you visit the Mood Sites, like when you visit most other websites, certain information about your visit is automatically logged, which may include information about the type of browser you use, the server name and IP address through which you access the Internet, the date and time you access the Sites, the pages you access while at the Sites, and the Internet address of the Sites, if any, from which you linked directly to the Sites. We also collect information about your device such as operating systems and platforms, internet service providers, and social media. In some jurisdictions, this is considered personal information.
How We Collect Personal Information
Mood may collect personal information about you from its Sites by methods such as the following:
Registration Forms. If you are offered the opportunity to enter a promotion, to become a registered user of the Sites, or to opt-in to receive Mood information through this or another website, you must apply by filling out the registration form on the Sites. This form requires submission of certain Personal Information including Basic, Contact and Other Information.
Transactions and Activity. If you become a registered user or if you conduct transactions through the Sites, Mood collects information about the transactions you engage in while on the Sites and your other activity on the Sites. This information may include Technical and Billing Information.
Email and Other Communications. You may communicate with Mood through email, via our Sites, by telephone, in writing, or through other means. Mood collects the information in these communications, and such information may be Personal Information in your jurisdiction.
Event Information. We collect personal information at trade shows and other events (e.g., to our employees or other representatives).
In addition to personal information we collect directly from users or visitors, we may also receive certain information from third parties, and we may combine this information with other information we have collected.
How We Use Personal Information. Mood may use the Personal Information collected through its Sites for such purposes as:
Helping to establish and verify the identity of users;
Opening, maintaining, administering and servicing users’ accounts;
Processing, servicing or enforcing transactions and sending related communications;
Marketing and advertising purposes;
Providing services and support to users;
Improving the Sites, services and customer experience, including tailoring them to users’ preferences- and to understand what parts of our Sites are most popular or to improve upon such Sites;
Providing users with product or service updates, promotional notices and offers, and other information about Mood and its affiliates;
Research and development purposes, including to understand our customer demographics and for other research and analytical purposes;
Legal compliance including to comply with applicable legal or regulatory obligations, including to respond to a subpoena or court order, to cooperate with law enforcement or other governmental investigations and as part of legal proceedings;
Responding to users’ questions, inquiries, comments and instructions;
Protecting you, us and others: where we believe it is necessary to protect you, us and others, including, without limitation to detect, prevent, and respond to fraud, security incidents, or other issues and to maintain the security and integrity of our systems; and
Any other purpose for which a user has been notified and/or has given consent.
Cookies and Tracking
Clear GIFs, Pixel Tags and Other Technologies. Clear GIFs are tiny graphics with a unique identifier, similar in functionality to cookies, which are embedded invisibly on web pages. We and third parties may use clear GIFs (also known as web beacons, web bugs, pixel tags, etc.), in connection with our Sites to perform functions like tracking the activities of visitors to our Sites, helping us manage content, and compiling statistics about usage of our Sites. We and third parties may also use clear GIFs in emails to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
Embedded Scripts. We may use embedded scripts, which is code designed to collect information about how visitors interact with a website, such as the website which linked them to our Sites.
In addition, we use third parties such as Hotjar to understand how users interact with our Site. You can opt-out of Hotjar here: https://help.hotjar.com/hc/en-us/articles/360002735873-How-to-Stop-Hotjar-From-Collecting-your-Data.
Disclosure of Personal Information To Others
We may disclose your personal information with the following entities:
Corporate Affiliates and Related Parties. Mood is a global company with a presence in a number of countries. We may share your personal information with any current or future parent company, affiliate, subsidiary or division.
Service Providers. We share personal information with our service providers or others who perform functions on our behalf. For example, we share your personal information with service providers who host our Sites, coordinate mailings and other communications, provide chat bot services, assist us in detecting and deterring fraud, security incidents, or other unlawful activity, and for other business purposes as described above.
Third Party Advertisers, Analytics and Measurement Companies. We also permit the collection of personal information online through cookies and other tracking tools including session replay cookies and chat bots. As set forth above, we share personal information with analytics and measurement providers and advertisers, which may be used to target advertising to you.
Carefully Selected Partners. If you choose to enter a joint promotion, then we will share your contact information (and other personal information that you provide to us in connection with that promotion) with the other party. The promotions may be subject to an additional or different privacy notice.
Site Users and Visitors. We may share your personal information with other users of our Sites. For example, if you post a review, pictures, or other content, the contents of your post (including any pictures that you post) as well as other personal information, such as your username, may be available publicly to all visitors to our Sites.
We may also share your information in the following ways:
Business Transfers. As Mood’s business develops, it may sell or buy corporate assets, and in such transactions, user or visitor information may be one of the transferred business assets. Accordingly, we may share your information with another entity if we or any of our corporate entities are acquired by or merged with another legal entity, if substantially all of our assets or the assets of one of our corporate relatives are sold or transferred to another legal entity, as part of a bankruptcy proceeding, or as part of a sale of a business or a similar transfer of assets.
In Response to Legal Process. Mood may disclose personal information about you in connection with legal requirements, as permitted by law, when we believe it is appropriate, to comply with the law or a regulatory requirement, to comply with governmental, administrative, or judicial process or other similar requirement or order, such as a subpoena or court order, to cooperate with law enforcement or other governmental investigations, or as evidence in litigation. We also reserve the right to report to appropriate law enforcement or governmental agencies any activities that we believe are in violation of applicable laws, rules, or regulations without providing notice.
Aggregated and De-Identified Information. We may disclose aggregate and de-identified information for marketing, advertising, research, or any other purposes.
Business Partners. If you are a Pandora for Business subscriber, Mood may also disclose your Personal Information to Pandora.
We maintain an information security program intended to keep your information safe. Please be aware that despite our efforts, we cannot guarantee the security of information we have collected about you, and your use of our Sites indicates that you understand and accept this risk.
You should take steps to protect your account by, among other things, choosing a strong, unique password for each account that nobody else knows or can easily guess and keeping your log-in and password information private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers. Please see below regarding how we respond to Global Privacy Control signals.
Your Choices and Rights Regarding Your Personal Information
You have certain choices regarding the personal information we collect about you. For example, you may:
Opt Out of Promotional Email Communications. You may opt out of promotional emails by clicking on the unsubscribe link in the email, or by emailing us and providing the email that you would like to unsubscribe from. Please note that even if you opt out of receiving marketing communications from us, we may still send you communications about your account or any products or services you have purchased from us, and we will still respond to your inquiries and requests for information.
Opt Out of Interest-Based Advertising. We and third parties advertise to you based on interests that you have expressed on our Sites or elsewhere (“Interest-Based Ads”). Any tracking done by third parties through cookies and other mechanisms are subject to those parties own privacy policies. You may manage Google cookies by clicking on: www.google.com/settings/ads/onweb/optout?hl=en.
You also may opt out of receiving Interest-Based Ads from participating third-party ad networks, such as those provided by members of the Digital Advertising Alliance (“DAA”). For more information regarding Interest-Based Ads by DAA members, including how to opt out of Interest-Based Ads provided by DAA members, please visit:
US: you can obtain more information and opt out of receiving targeted ads from participating third-party ad networks at aboutads.info/choices (Digital Advertising Alliance). You may also download the DAA AppChoices (https://youradchoices.com/appchoices) tool in order to help control interest-based advertising on apps on your mobile device.
EU: youronlinechoices.eu (European Interactive Digital Advertising Alliance).
Canada: youradchoices.ca/choices/ (Digital Advertising Alliance of Canada).
Japan: http://www.ddai.info/optout (Data Driven Advertising Initiative in Japan).
You must opt out on each browser and on each device. If you clear your cookies, you will need to update your choices. Please note that opting out of participating ad networks does not mean that you will not see advertisements at all, and you will continue to receive advertisements on other websites and from companies that do not participate in the above programs. Even if you opt out of interest-based ads, you may still see ads based on factors such as your general location derived from your IP address, your browser type and recent, previous searches related to your current search.
Cross-Device Use. We and our third-party providers may use the information that we collect about you within our Services and on other third-party sites and services to help us and our third-party service providers identify other devices that you use (e.g., a mobile phone, tablet, other computer, etc.).
Custom Lists and Matching. Unless you have opted out, we may share certain hashed customer list information (such as your name, email address and other contact information) with third parties so that we can better target ads and content to our users, and others with similar interests, within third party sites, platforms, and services. You may opt out of being targeted by us in this manner by contacting us as at email@example.com.
Facebook Custom Audiences. Certain of our Sites may use Facebook advertising, including Facebook Custom Audience. As set forth above and in the Cookies and Tracking section below, we may disclose certain information (such as your email address) to Facebook Custom Audiences (for more information on Facebook Custom Audience go to https://www.facebook.com/help/568137493302217) so that we can better target ads and content to you and others with similar interests on third parties’ websites or media (“Custom Audiences”). We may also work with other ad networks and marketing platforms that enable us and other participants to target ads to Custom Audiences submitted by us and others. You may also control how Facebook and other third parties display certain ads to you, as explained further in their respective privacy policies or by using the opt-outs described in this paragraph.
Access and Other Privacy Requests. Consistent with applicable data protection laws and other applicable laws, upon request, we will provide you with a copy of your personal information that we have collected in our role as a controller or business under applicable law. We will give you the opportunity to correct any errors and to restrict our rights to use your data, up to and including deletion of your personal information consistent with this policy. Any requests to review, modify or delete your personal information should be addressed to firstname.lastname@example.org.
If you have not opposed the use of your personal information (either at the time of collection of such information or since that time), Mood may occasionally send you messages or updates about moodmedia.com, its affiliates, or their promotions and other activities. If you do not wish to receive any marketing related communications from Mood and its affiliates, you may always opt out by clicking on the “unsubscribe” link at the bottom of the communication or by sending an email containing your request to email@example.com.
We will not discriminate against you for exercise your privacy rights under applicable law or prohibit you from making a complaint regarding Mood’s practices with regulatory and supervisory authorities.
Retaining Personal Information
We retain personal information we collect as reasonably necessary for the purposes described above or otherwise disclosed to you. For example, we will retain your account data for as long as you have an account with us, transactional data to comply with our tax, accounting and recordkeeping obligations, and for research, development and safety purposes, as well as an additional period of time as necessary to protect, defend or establish our rights, defend against potential claims, manage our back up and disaster recovery systems or comply with legal obligations.
The Sites are directed toward and designed for use by general audiences and are not targeted to children or minors. If Mood nevertheless discovers that it has received personal information from a child or minor, then Mood will delete such information from its systems. Additionally, a child or minor’s parent or legal guardian may request that the child or minor’s information be deleted from Mood’s files by contacting Mood at firstname.lastname@example.org.
Data Privacy Framework (DPF) Program Statement
EU-U.S. Data Privacy Framework (for personal information transferred from the EU to the U.S.)
UK Extension to the EU-U.S. Data Privacy Framework (for personal information transferred from the UK and Gibraltar to the U.S.)
U.S. Entities. The following Mood entities adhere to the Principles:
Mood Media Borrower, LLC
Mood Media Co-Issuer, Inc.
Mood Media Holdings, LLC
Mood Media LLC
Mood Media North America Holdings Corp.
Mood Media North America, LLC
ServiceNET Exp, LLC
Technomedia NY, LLC
Technomedia Solutions, LLC
Your Choices. Pursuant to the Frameworks, EU and UK individuals (“you”) have the right to obtain confirmation of whether we maintain your personal information in the United States. Upon your verifiable request, we will provide you with access to the personal information that we hold about you, and you may also request that we correct, amend, or delete personal information where it is inaccurate, or has been processed in violation of the Principles, except where the burden or expense of providing access would be disproportionate to the risks to your privacy in the case in question, or where the rights of other persons would be violated.
You may also opt out of (i) our disclosure of your personal information to a third-party, who is not an agent or operating upon our instructions pursuant to a contract (“Third Party”), or (ii) the use of your personal information for a purpose that is materially different from the purpose(s) for which the personal information was originally collected or subsequently authorized by you. To do so, please contact us at email@example.com.
Sensitive Personal Information. For any sensitive personal information we collect about you (i.e., personal information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or information specifying the sex life of the individual), we will obtain affirmative express consent (i.e., opt in) from you if such data will be (i) disclosed to a Third Party or (ii) used for a purpose other than those for which it was originally collected or subsequently authorized by you. In addition, we will treat as sensitive any personal information received from a third party where the third party identifies and treats it as sensitive.
Contacting Us, Complaints, and Dispute Resolution. In compliance with the Frameworks, Mood commits to resolve complaints about our collection and use of your personal information. If you have inquiries or complaints regarding our handling of personal information received in reliance on the Frameworks, you should first contact us at Mood Media at 2100 S. IH 35, Suite 201, Austin, Texas 78704, firstname.lastname@example.org or call 1-800.345.5000.
Non-HR Data. In compliance with the Frameworks, Mood commits to refer unresolved complaints concerning our handling of personal information received in reliance on the Frameworks to the International Centre for Dispute Resolution, a division of the American Arbitration Association (the “ICDR/AAA”), an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit ICDR/AAA at icdr.org/dpf for more information or to file a complaint. The services of ICDR/AAA are provided at no cost to you.
Binding Arbitration. If your complaint cannot be resolved through the above channels, there may be a possibility, under certain conditions, for you to invoke binding arbitration for complaints regarding DPF compliance not resolved by any of the other DPF mechanisms and then link to Annex I for additional information: https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf?tabset-35584=2.
Law Enforcement or Public Authority Requests. In accordance with our legal obligations, we may be obligated to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Liability for Onward Transfers. In the context of an onward transfer, Mood has responsibility for the processing of personal information it receives under the DPF Principles and subsequently transfers to a third party acting as an agent on its behalf. Mood shall remain liable under the DPF Principles if its agent processes such personal information in a manner inconsistent with the DPF Principles, unless Mood proves that it is not responsible for the event giving rise to the damage.
Notice at Collection and Additional Information for California Residents
Last Updated: 11/09/2023
This section does not address or apply to our handling of personal information that is exempt under the CCPA, such as publicly available information. Mood is committed to maintaining and using deidentified information in compliance with the CCPA.
Personal Information We Collect. Depending on how you interact with us, we have collected the following categories of personal information in the prior 12 months:
Identifiers. Such as name, alias, email, phone number, billing and shipping address, unique personal identifier, online identifier, IP address, account name, or other similar identifiers.
Internet or Other Electronic Network Activity Information. Such as browsing history, clickstream data, search history, and information regarding interactions with our websites, mobile application, advertisements, or emails, including other usage data related to your use of any of our websites.
Geolocation Data. Such as location information about a particular individual or device derived from IP addresses.
Audio, Electronic, Visual, or Similar Information. Such as information collected via call recordings if you are interacting with us in a customer service capacity or if you call us on a recorded line, recorded meetings and webinars, videos, photographs, and security camera footage to secure our offices and premises.
Professional or Employment Related Information. Such as your job title, employer, work email, work phone, and work address.
Inferences. Such as inferences drawn from any of the information described in this section about a consumer including inferences reflecting the consumer’s preferences, characteristics, behaviors, attitudes, abilities, and aptitudes.
Sources of Personal Information. We generally collect personal information from the following categories of sources:
Directly or indirectly from you;
Our affiliates and subsidiaries;
Our business partners;
Customers and clients;
Internet service providers;
Operating systems and platforms; and
Our vendors and service providers.
Purposes for Collecting and Disclosing Personal Information. As described in the “How We Use Personal Information” section above, in general, we collect and otherwise process the personal information we collect for the following business or commercial purposes:
Services and support;
Responding to inquiries;
Analytics and improvement;
Customization and personalization;
Marketing and advertising;
Planning and managing events;
Research and surveys;
Security and protection of rights;
Legal proceedings and obligations;
General business and operational support; and
Certain other purposes as notified.
Sensitive Personal Information. Notwithstanding the purposes described above, we do not collect, use, or disclose “sensitive personal information” beyond the purposes authorized by the CCPA.
Retention of Personal Information. We retain your personal information for as long as needed or permitted, based on the reason we obtained it (consistent with applicable law). When deciding how long to keep your personal information, we consider whether we are subject to any legal obligations (e.g., any laws that require us to keep records for a certain period before we can delete them) or whether we have taken any legal positions (e.g., issued any legal holds or otherwise need to preserve the information). Rather than delete your data, we may also deidentify it by removing identifying details. Where we have committed to maintaining and using personal information in a deidentified form, we agree not to reidentify deidentified data except as permitted by applicable law.
Disclosure of Personal Information to Third Parties and Other Recipients. The categories of personal information we have disclosed for a business purpose in the preceding twelve (12) months include: identifiers, Internet or other electronic network activity information, geolocation data, audio, video, and other electronic data, and inferences.
The categories of third parties and other recipients to whom we may disclose personal information for a business purpose may include: affiliates, subsidiaries, and business partners, vendors and service providers, acquirers of business assets, advertising networks, internet service providers, data analytics providers, government entities, operating systems and platforms, and social networks.
Sales and Sharing of Personal Information. The CCPA defines “sale” as disclosing or making available personal information to a third-party in exchange for monetary or other valuable consideration, and “sharing” includes disclosing or making available personal information to a third-party for purposes of cross-contextual behavioral advertising. While we do not disclose personal information to third parties in exchange for monetary compensation, we may “sell” or “share” the following categories of personal information for our own purposes (i.e., to advertise our services): Identifiers, and Internet or other electronic network activity information. We disclose these categories to third-party advertising networks, analytics providers, and social networks for purposes of marketing and advertising. We do not sell or share personal information about individuals we know are under age 16.
In general, California residents, including our clients’ employees who reside in California, have the following rights with respect to their personal information, subject to certain exceptions:
Right to Know/Access. With respect to the personal information we have collected about you, you have the right to request:
The categories or personal information we collected about you;
The categories of sources from which the personal information is collected;
Our business or commercial purposes for collecting, selling, or sharing personal information;
The categories of third parties to whom we have disclosed personal information; and
A copy of the specific pieces of personal information we have collected about you.
Right to Correct. You have the right to request that we correct inaccuracies in your personal information.
Right to Delete. You have the right to request we delete your personal information.
Right to Opt-Out of Sales and Sharing. You have the right to opt-out of “sales” and “sharing” of your personal information, as those terms are defined under the CCPA. While we do not “sell” personal information in the traditional sense (i.e., for money), our use of third-party analytics and advertising cookies may be considered “selling” and “sharing” under CCPA. To exercise your right to opt-out of the “sale” or “sharing” of your personal information, use the link at the bottom of our website. You also have the right to opt-out of “sales” and “sharing” of your personal information through the use of an opt-out preference signal. If our Sites detects that your browser or device is transmitting an opt-out preference signal, such as the “global privacy control”—or GPC— signal, we will opt that browser or device out of cookies on our Sites that result in a “sale” or “sharing” of your personal information. If you come to our Sites from a different device or from a different browser on the same device, you will need to opt-out, or use an opt-out preference signal, for that browser and/or device as well.
Right to Limit Use. We do not engage in uses or disclosures of “sensitive personal information” that would trigger the right to limit use of sensitive personal information under the CCPA.
Right to Non-Discrimination. We will not discriminate against you in terms of price or service level for exercising any of the rights described in this section.
Exercising Your CCPA Rights. If you are a California resident and would like to exercise your CCPA rights,
contact us at Mood Media at 2100 S. IH 35, Suite 201, Austin, Texas 78704, email@example.com, or 1-800.345.5000.
Verification. Before responding to your request, we must first verify your identity using the personal information you recently provided to us. You must provide us with your name and the email you primarily use to interact with us. We will take steps to verify your request by matching the information provided by you with the information we have in our records. In some cases, we may request additional information to verify your identity, or where necessary to process your request. If we are unable to verify your identity after a good faith attempt, we may deny the request and, if so, will explain the basis for the denial.
Authorized Agent. You may designate someone as an authorized agent to submit requests and act on
your behalf. Authorized agents will be required to provide proof of their authorization in their first communication with us, and we may also require that the relevant consumer directly verify their identity and the authority of the authorized agent.