:Privacy Policy

Mood Media Corporation is a Delaware Corporation with a number of subsidiaries and affiliates around the globe (collectively, “Mood”; referred to also as “we” or “us”). Mood’s subsidiaries and affiliates are listed in the “Mood Entities” section of this Privacy Policy. This Privacy Policy describes Mood’s practices regarding the collection, use and disclosure of information we collect about you when you use our website (www.moodmedia.com) including our subdomains such as our blog, the customer portal and other customer service and customer billing and payment systems, web applications and other web properties (collectively, “Sites”). By using the Sites, you agree to our Privacy Policy and our Terms of Service. If you do not agree to this Privacy Policy and our Terms of Service, please do not use our Sites.

Automatic Collection of Anonymous Information

When you visit the Mood Sites, like when you visit most other websites, certain anonymous 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. This information is not personally identifiable.

Personally Identifiable Information

As described in this policy, “Personally Identifiable Information” is any information that concerns you individually and would permit someone to contact you, such as your name, address, telephone/fax number, email address, or any information you submit to the Sites that identifies you individually. Mood is committed to protecting your privacy and Personally Identifiable Information.

Information Use

Mood may use the Personally Identifiable Information collected through its Sites primarily 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;
  • Providing services and support to users;
  • Improving the Sites, including tailoring them to users’ preferences;
  • Providing users with product or service updates, promotional notices and offers, and other information about Mood and its affiliates;
  • Responding to users’ questions, inquiries, comments and instructions;
  • Maintaining the security and integrity of our systems; and
  • Any other purpose for which a user has given consent.

Mood uses the anonymous browsing information collected automatically by its servers primarily to help it administer and improve the Sites. Mood may also use aggregated anonymous information to provide information about the Sites to potential business partners, advertisers and other unaffiliated entities. Again, this information is not Personally Identifiable Information.
Mood may engage third-party analytics providers such as Google Analytics and Adobe to use cookies and other technology to collect information about your use of the Sites. These third-party services may provide you options about how they collect and use information.

Information Collection

Mood will not collect any Personally Identifiable Information about you through the Sites unless you provide it. Therefore, if you do not want Mood to obtain any Personally Identifiable Information about you, then do not submit any.
You can visit and browse the Sites without revealing Personally Identifiable Information about yourself. You may also choose to disclose Personally Identifiable Information about yourself, which may include, without limitation:

  • Basic Information” including your name, your employer and your title;
  • Contact information” including your email address, postal address and telephone number;
  • Technical information” including your IP address and information on your usage of our Sites such as areas of the Sites that you visit, content that you view, download or submit, and communications we send to you electronically;
  • 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 does not keep or share your credit card information; and
  • Other Information” including areas of interest, a unique individual password, and any other information you submit to us.

Mood may collect Personally Identifiable 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 Personally Identifiable 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 Voluntary Communications – You may also choose to 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 Personally Identifiable.

In addition to information we collect directly from users, we may also receive certain information from third parties, and we may combine this information with other information we have collected.

Privacy Shield Compliance

Mood including its U.S-based subsidiaries complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal information transferred from the European Union (“EU”) and European Economic Area (“EEA”) to the United States.  Mood has certified to the Department of Commerce that it adheres to the Privacy Shield Principles.  If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield Program, and to view our certification, please visit:  https://www.privacyshield.gov/

In compliance with the Privacy Shield Principles, Mood commits to resolve complaints about our collection or use of your personal information.  EU and EEA individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Mood at:

privacyshield@moodmedia.com

Mood has further committed to refer unresolved Privacy Shield complaints 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 complaint from us, or if we have not resolved your complaint, please contact or visit the ICDR/AAA at http://go.adr.org/privacyshield.html for more information or to file a complaint.  The services of the ICDR/AAA are provided at no cost to you.  As a last resort and under certain conditions, you may be able to invoke binding arbitration for complaints regarding Privacy Shield compliance not resolved by any of the other Privacy Shield mechanisms.  See https://www.privacyshield.gov/article?id=ANNEX-I-introduction for additional information.

Mood commits to cooperate with the panel established by the EU data protection authorities (DPAs) and to comply with the advice given by the panel with regard to human resources data transferred from the EU in the context of the employment relationship. 

Mood is responsible for the processing of Personally Identifiable Information it receives, under the Privacy Shield Framework, or subsequently transfers to a third party acting as an agent on its behalf.  Mood complies with the Privacy Shield Principles for all onward transfers of Personally Identifiable Information from the EU and EEA including the onward transfer liability provisions.  In particular, Mood remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless Mood proves that it is not responsible for the event giving rise to the damage.

With respect to Personally Identifiable Information received or transferred pursuant to the Privacy Shield Framework, Mood is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.  In certain situations, Mood may be required to disclose Personally Identifiable Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Disclosure of Information

Mood is a global company with a presence in a number of countries. Mood requires all offices to comply with data protection requirements consistent with those mandated by the EU and EEA.

Your Personally Identifiable Information may be shared within Mood’s offices or, as needed, with third parties (including but not limited to subcontractors, attorneys and accountants). If you are a Pandora for Business subscriber, Mood may also disclose your Personally Identifiable Information to Pandora. Further, Mood may disclose Personally Identifiable Information about you in connection with legal requirements, such as in response to an authorised subpoena, governmental request or investigation, or as otherwise permitted by law. Mood may share your information to protect our intellectual property, to prevent physical harm to persons or property, to prevent fraud and to support audit, compliance and corporate governance functions. Finally, as Mood’s business develops, it may sell or buy corporate assets, and in such transactions customer information may be one of the transferred business assets. If Mood, or substantially all of its assets, is acquired, customer information may be one of the assets transferred. Mood may use unaffiliated companies to help it maintain and operate the Sites or for other reasons related to the operation of its business, and those companies may receive your Personally Identifiable Information for that purpose. In each case, Mood will comply with applicable data protection laws and will take precautions to ensure the privacy of your Personally Identifiable Information.

Mood does not provide Personally Identifiable Information to unaffiliated third parties for their use in marketing directly to you.

Security

Mood maintains physical, electronic, and procedural safeguards to help guard Personally Identifiable Information on the Sites. If transactions are offered on the Sites, transaction information is transmitted to and from moodmedia.com in encrypted form using industry-standard Secure Sockets Layer (SSL) connections to help protect such information from interception. Mood restricts authorized access to your personal information to those persons who have a legitimate purpose to know that information to provide products or services to you and those persons you have authorized to have access to such information. Please be aware, however, that any email or other transmission you send through the Internet cannot be completely protected against unauthorized interception.

Your Rights Regarding Your Personally Identifiable Information

Consistent with applicable data protection laws and other applicable laws, upon request, we will provide you with a copy of your Personally Identifiable Information. 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 Personally Identifiable Information (the “right to be forgotten”) consistent with this policy. Any requests to review, modify or delete your Personally Identifiable Information should be addressed to optout@moodmedia.com.

If you have not opposed the use of your Personally Identifiable 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 more non-transaction/security 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 optout@moodmedia.com.

We will not prohibit you from making a complaint regarding Mood’s practices with regulatory and supervisory authorities. Except as described in this policy, we will not use your data for any automated decision making or profiling.

California Privacy Rights. California Civil Code Section 1798.83 permits users who are California residents to request and obtain from us once per year and free of charge, a list of the third parties to whom we disclosed Personally Identifiable Information (if any) for those third parties’ direct marketing purposes in the preceding calendar year and the categories of data disclosed to those third parties. To request access, please contact us at optout@moodmedia.com.

Retaining Personally Identifiable Information

When you withdraw your consent or when it is no longer reasonably required, we will delete your Personally Identifiable Information. We may, however, retain your Personally Identifiable Information (i) for an additional period of time if necessary to assert or defend legal claims during a relevant retention period, or (ii) to the extent that deleting it would require us to overwrite our automated disaster recovery backup systems.

Children’s Privacy

The Sites are directed toward and designed for use by persons aged thirteen (13) years old or older. Mood will not approve applications of, or establish or maintain accounts or memberships for, any child whom Mood knows to be under the age of thirteen (13) years. Mood does not solicit or knowingly collect Personally Identifiable Information from children under the age of thirteen (13) years. If Mood nevertheless discovers that it has received Personally Identifiable Information from an individual who indicates that he or she is, or whom Mood otherwise has reason to believe is, under the age of thirteen (13) years, then Mood will delete such information from its systems. Additionally, a child’s parent or legal guardian may request that the child’s information be corrected or deleted from Mood’s files by contacting Mood at optout@moodmedia.com.

“Cookies” and Advertisers

The Sites’ servers, or the servers of companies that are used to operate the Sites, may place a “cookie” on your computer in order to allow you to use the Sites and to personalize your experience.

A “cookie” is a small piece of data that can be sent by a web server to your computer, which then may be stored by your browser on your computer’s hard drive. Cookies allow Mood to recognize your computer while you are on its Sites and help customize your online experience and make it more convenient for you. Cookies are also useful in allowing more efficient log-in for users, tracking transaction histories and preserving information between sessions. The information collected from cookies may also be used to improve the functionality of the Sites.

The other content providers and/or advertisers that may appear on the Sites may also use cookies that are not sent by the Sites. Such ads or content may contain cookies that help track and target the interests of users of the Sites in order to present “personalized” advertisements or other messages that the user might find interesting. Mood is not responsible for any such cookies.

We may also use other technology such as “web beacons” (small pieces of data embedded in images on webpages), pixels and tags to track visitor usage and traffic patterns and in HTML emails to determine whether users have opened emails or clicked on links contained in the emails.

Most web browser applications (such as Microsoft Internet Explorer, Firefox, and Google Chrome) have features that can notify you when you receive a cookie or prevent cookies from being sent. You may use the settings on your browser to disable cookies and similar technologies. If you disable cookies, however, you may not be able to use certain personalized functions of the Sites.

External Links

The Sites may contain links to other websites, including those of advertisers or third party content providers who offer downloads on moodmedia.com. Any links are intended to be of interest to the user only; Mood will remove any link from its Sites upon written request from the linked entity. Please be aware that Mood is not responsible for the privacy practices or the content of other websites. Any websites that are accessible by hyperlinks from the Sites may use cookies (see “Cookies” section above). Mood encourages you to read the privacy statements provided by other websites before you provide Personally Identifiable Information to them.

Changes to this Privacy Policy

Mood reserves the right to modify or supplement this policy at any time. If a material change to the terms of this policy is made, Mood will post a notice on its Sites homepage and a link to the new policy.

Mood Entities

This Privacy Policy applies to the following Mood entities:

Entity Name

Territory of Organization

AEI Collingham Holdings Co. Ltd.

Cayman Islands

AEI Holding Inc.

Cayman Islands

Alpe France SARL

France

Antane Investments Sàrl

Luxembourg

Convergence, LLC

U.S.A. (Florida)

DMX Holdings, LLC

U.S.A. (Delaware)

DMX Music Canada Inc.

Canada (Yukon Territory)

DMX Music Do Brasil LTDA

Brazil

DMX Music Satellite Services Ltd

UK

DMX Music UK Ltd

UK

DMX Residential Holdings, LLC

U.S.A. (Texas)

DMX Residential, LLC

U.S.A. (Texas)

DMX, LLC

U.S.A. (Texas)

IMS Instore Marketing Service GmbH

Germany

Instore Márketing Solutions, SAU

Spain

Lifestyle TV SRL

Argentina

Mediasound SAS

France

Mood Media (Beijing) Technology Co., Ltd.

China

Mood Media A/S

Denmark

Mood Media AB

Sweden

Mood Media Australia Pty Limited

Australia

Mood Media Belgium Luxemburg BV

The Netherlands

Mood Media Belgium SA

Belgium

Mood Media Borrower, LLC

U.S.A. (Delaware)

Mood Media Co-Issuer, Inc.

U.S.A. (Delaware)

Mood Media Comercial SRL

Romania

Mood Media Corporation

U.S.A. (Delaware)

Mood Media Eastern Europe BV

The Netherlands

Mood Media Entertainment International Limited

UK

Mood Media Europe BV

The Netherlands

Mood Media Finland OY

Finland

Mood Media Germanics BV

The Netherlands

Mood Media GmbH

Austria

Mood Media GmbH

Germany

Mood Media Group CZ sro

Czech Republic

Mood Media Group SA

Luxembourg

Mood Media Holdings GmbH

Germany

Mood Media Holdings, LLC

U.S.A. (Delaware)

Mood Media Hungary KFT

Hungary

Mood Media International SAS

France

Mood Media Ireland Limited

Ireland

Mood Media Ltd 

UK

Mood Media Netherlands BV

The Netherlands

Mood Media North America Holdings Corp.

U.S.A. (Delaware)

Mood Media North America, LLC

U.S.A. (Delaware)

Mood Media Romania SRL

Romania

Mood Media Russia LLC

Russia

Mood Media SAS

France

Mood Media UK Holdings Limited

UK

Mood Polska Sp.  Z.o.o.

Poland

Mood US Acquisition1, LLC

U.S.A. (Delaware)

Music System Diffusion SARL

France

Muzak Belgium sprl

Belgium

Muzak Capital, LLC

U.S.A. (Delaware)

Muzak Holdings LLC

U.S.A. (Delaware)

Muzak LLC

U.S.A. (Delaware)

New Audio Visual Solutions and Applications Ltd

Greece

Primomedias SARL

France

Rediffusion Music France SARL

France

ServiceNET Exp, LLC

U.S.A. (Florida)

Société Production Artistes Nouveaux et Animation Nouvelle SARL

France

Tabata Music SAS

France

Technomedia NY, LLC

U.S.A. (Florida)

Technomedia Solutions, LLC

U.S.A. (Florida)

Contacting Us

If you have questions about this privacy statement, the information practices of Mood or your dealings with Mood, please contact Mood Media at 2100 S IH 35, Suite 200, Austin, Texas 78704, email optout@moodmedia.com or privacyshield@moodmedia.com or call 800.345.5000.

Copyright © 2018 Mood Media Corporation. All trademarks registered. All rights reserved.

In accordance with laws governing literary and artistic property rights or other similar rights, the reproduction or redistribution of the elements that make up the Sites, in whole or in part, is strictly prohibited.

All of the brands cited herein are registered trademarks. While Mood has endeavored to ensure the accuracy of the information accessed via the Sites, Mood does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Sites, and Mood declines all responsibility for technical inaccuracies or other errors. Mood declines all responsibility for any difficulties encountered in accessing the Sites or for any communication line failure.