Effective as of January 03, 2023 ('Effective Date')
Publication Date: January 03, 2023
This Privacy Notice describes how MUZIC, its affiliated and associated entities, as further detailed below (collectively, 'MUZIC,' 'we,' and 'us'), collects, uses, discloses, transfers, stores, retains, or otherwise processes your personal data.
This Privacy Notice applies when:
You register a MUZIC account.
You log in and use MUZIC's content and streaming services at all available subscription levels.
Your download and/or use MUZIC clients, e.g., MUZIC mobile applications, desktop players, web players, or other technical interfaces provided by MUZIC ('MUZIC clients')
You visit or interact with our websites and fan pages on social networks.
You participate in the MUZIC Early Access Program.
You interact with us in any other way, such as when you contact our customer support service, respond to our surveys, participate in our competitions, use our developer platform, and similar.
Our websites, services, or documents refer to this Privacy Notice.
The Privacy Notice collectively refers to the above as processing your data in the context of the provision of our' Services.' Our policy is to always process your personal data in accordance with applicable data protection laws and regulations.
This Privacy Notice is separate from MUZIC's Terms and Conditions of Use ('Terms'), which govern your use of and access to the MUZIC Services.
1. Information We Collect
We collect information about you in the following ways:
Information you provide to us: We collect information that you provide to us directly, such as when you create an account, update your profile, or post content on the Services. This may include your name, email address, phone number, and other contact information.
Information we collect automatically: We collect certain information automatically when you use the Services, such as your I.P. address, device information (including device and browser type), location information, and information about your use of the Services (including the pages you visit and the actions you take). We may also collect information about your music preferences and listening habits.
Information from third parties: We may also receive information about you from third-party sources, such as social media platforms, to personalize your experience with the Services and to better understand your preferences.
2. How We Use Your Information
MUZIC uses the information we collect about you to:
Provide and improve the Services: MUZIC uses the information we collect to provide and improve the Services, including personalizing your experience, recommending music, and offering personalized advertisements.
Communicate with you: MUZIC may use your information to communicate with you about the Services, such as to send you updates or notifications.
Analyze and understand our users: MUZIC use the information we collect to analyze and understand our users, including learning about their music preferences and habits.
Promote safety and security: MUZIC may use your information to promote safety and security on the Services, such as to detect and prevent fraud or abuse.
3. How We Share Your Information
MUZIC may share your information as follows:
With third-party service providers: MUZIC may share your information with third-party service providers who perform services on our behalf, such as hosting, analytics, and marketing. These service providers are only permitted to use your information in connection with the services they provide to us.
With business partners: MUZIC may share your information with our business partners for marketing or other purposes.
With affiliated companies: MUZIC may share your information with our affiliated companies for various purposes, such as to provide you with the Services or to analyze and understand our users.
As required by law: MUZIC may disclose your information as required by law, such as to comply with a subpoena or similar legal process or to protect the rights, property, and safety of MUZIC or our users.
With your consent: MUZIC may share your information with your consent or at your direction.
We strive to keep your data safe. However, while we have strong defenses in place, no one can ever guarantee that hackers won't be able to break into our sites or steal your data while it is stored or flowing from you to us or vice versa.
We take reasonable measures, including administrative, technical, and physical safeguards, to protect your information from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. Nevertheless, the internet is not a 100% secure environment, and we cannot guarantee the absolute security of the transmission or storage of your information. Therefore, we hold information about you both at our premises and with the assistance of third-party service providers.
Some of your data will be publicly accessible on TIDAL Services, as described in section 6. In addition, your data will also be accessible by our employees and third parties, as described in section 4., which require access for the purposes described in this Privacy Notice and only on a need-to-know basis.
We recommend that you always use strong passwords, change them regularly, and do not use the same passwords for your TIDAL account as you already use to access other services or devices. In addition, we recommend you consistently access the Services and make payments from a secure computer or device. Any third-party services that you use to connect to your TIDAL account may also affect your information.
Please note that information collected by third parties may not have the same security protections as the information you submit. We are not responsible for such third parties' functionality, privacy, or security measures.
5. Children's Privacy
Our Services and their content are not directed at children under the age of 13. We do not knowingly collect or solicit personal data from children under 13 or knowingly allow such persons to register for our Services. If you are under the age of 13, please do not use our Services, do not browse our websites, and do not send us any of your data. If we learn that we have collected personal data from a child under age 13, we will promptly delete that information in accordance with applicable law. If you are a parent or guardian and believe that we may have collected personal data from your child, please notify us immediately by sending an email to email@example.com.
If you are 13 – 17 years of age, you may use our Services in line with our Terms. However, we reserve the Right to limit access to our Services for children aged 13 – 17 years if their use of our Services or processing of personal data would be illegal or require the consent of a parent or guardian, according to the law applicable in their country of residence.
6. INTEGRATION WITH THIRD-PARTY WEBSITES AND SERVICES
6.1. DATA RETENTION, DELETION, AND ANONYMISATION
We will keep your personal data only for the period necessary to fulfill the purposes for which we collect and process your personal data, as described in this Privacy Notice and accordance with applicable law. This means the retention periods will vary according to the data category and our purpose for processing your personal data. The retention periods for data are determined on a case-by-case basis that depends on the following factors:
The nature of the personal data and why it is collected and processed. The length of time we will keep your personal data is determined by how long we need that information to provide you with our Services and to provide customer support.
Similarly, we will keep some of your usage data, such as your playlists or folders, for the lifetime of your account.
For so long as we are required by law to do so. We are subject to various legal obligations in the countries where we operate, such as bookkeeping, accounting, tax, or audit obligations, which require that we keep specific data for specified periods.
For example, we will keep your information:
To respond to a legal request or to comply with applicable law. We must keep your information where we have a legal obligation to do so. For example, if we receive a valid lawful request, such as a preservation order or search warrant, related to your account, we preserve your information after you delete your account.
To deal with and resolve requests, disputes, or complaints.
For litigation or regulatory matters. For example, we preserve your information related to a legal claim or complaint, such as where we are subject to a regulatory investigation or where we need to defend ourselves in legal proceedings about a claim related to your information, or where we need to respond to a regulator in relation to a legal or regulatory complaint made by you or someone else.
Issues relating to our Services' safety, security, and integrity and protecting rights, property, and users. For example, we keep information where it is necessary to investigate misuse of our Services, such as fraud.
Data deletion and anonymization:
Subject to applicable law, after the lapse of the retention periods, we will delete or permanently anonymize your personal data so that it is no longer capable of identifying you.
Suppose you request that we delete your MUZIC user account. In that case, we will treat your MUZIC account deletion request as a request for the erasure (deletion) of your personal data (see section 7.1, 'Right to deletion (erasure) of your personal data'). We will delete or anonymize your personal data so that it no longer identifies you in accordance with applicable law.
Depending on the jurisdiction in which you reside, there may be circumstances in which we retain your personal data for lawful reasons after receiving a deletion request, for example, if:
We have a legal obligation to keep some of your personal data.
It is necessary for the establishment, exercise, or defense of legal claims (e.g., when there is an unresolved issue or claim relating to your MUZIC user account or your use of our Services)
We have compelling legitimate grounds to retain some of your personal data that overrides your interest in having your data deleted (e.g., for fraud prevention purposes, to enforce our Terms and similar)
We cannot verify your identity or confirm that the personal data that we maintain relates to you or if we cannot verify that you have the authority to request on behalf of another individual.
There is another exception under the applicable legislation in the country or state of your residence (e.g., exceptions applicable under the California Consumer Privacy Act)
In such cases, we will keep limited information about you in a protected form for the period necessary to fulfill processing under the applicable exception.
7. YOUR PRIVACY RIGHTS
7.1. WHICH RIGHTS DO YOU HAVE
You have several rights when we process your personal data, as provided by applicable privacy laws. These include:
Right to be informed about how we process your personal data
You have the Right to know how we process your personal data. We provide such information through this Privacy Notice, through information on our Services, and by answering your inquiries when you contact us. (See 'Right of access to your personal data').
Right of access to your personal data
You can ask whether we process your personal data and if we do, you can ask for a copy of your personal data and information on certain other aspects of the processing, such as purposes of the processing, categories of the personal data processed, recipients or categories of recipients of the data; source of the data where we have not received your data directly from you; information about the existence of automated decision-making or profiling; and information about other privacy rights you have in relation to your personal data.
Right to rectification of inaccurate or incomplete personal data
You have the Right to have your incorrect or incomplete data corrected. You may correct some of your personal data in your MUZIC account.
Right to deletion (erasure) of your personal data
You have the Right to ask us to delete your personal data under certain circumstances, for example, when:
Your personal data are no longer necessary in relation to the purposes for which we have collected them.
You withdraw your consent to processing your personal data (see 'Right to withdraw consent), and there is no other legal ground for the processing.
You object to the processing (see 'Right to object'), and there are no overriding legitimate grounds for the processing or when you object to processing your data for direct marketing purposes.
We unlawfully processed your personal data.
The erasure is mandated under a law to which we are subject.
We have collected the personal data of a child (see section 11.)
Please note that you may also delete specific personal data in your MUZIC account. In addition, you may also delete your folders, playlists, and playlists descriptions, remove tracks from your playlists or remove added artists and other content from your library.
Under some circumstances, we are legally not required to comply with a deletion request. For more information in this regard, see section 9.
Right to restriction of processing of your personal data
Under certain circumstances, you may request that we stop processing some or all of your personal data temporarily. You may request the restriction of processing if:
You have contested the accuracy of your personal data (see 'Right to rectification of inaccurate or incomplete personal data) for the period of verification of the accuracy of your personal data.
When we unlawfully processed your personal data, and instead of erasure of such data, you request the restriction of their use
When we no longer need your personal data in relation to the purposes for which they were collected, you require such data for the establishment, exercise, or defense of legal claims.
When you have objected to the processing (see 'Right to object'), pending the verification on our end, whether our legitimate grounds override your interests.
Right to data portability
You have the Right to receive a copy of your personal data in a machine-readable (electronic) format and to have it sent to another service provider if our legal basis for processing your personal data is your consent or performance of the contract.
Right to object
You have the Right to object to processing your personal data on specific grounds.
When we process your personal data for TIDAL's or third party's legitimate interests: See the overview in section 3., which specifies for which purposes we rely on legitimate interests as our legal basis to process your data. When we receive your request on this ground, we will no longer process your personal data for such purposes unless we demonstrate that we have compelling legitimate grounds to continue processing your personal data for these purposes, which override your interests, rights, and freedoms or where we need to process such data for the establishment, exercise or defense of legal claims.
When we process your data for direct marketing purposes: You can also object at any time we process your personal data for direct marketing purposes. If you object, we will no longer process your data for such purposes.
You may change your preferences and opt out from receiving some or all of these direct marketing communications in your MUZIC account settings. You may contact us through the contact points provided in section 7.2. You may also unsubscribe from our marketing emails by clicking on the unsubscribe link provided in such emails.
See the 'Right to erasure (deletion) of your personal data' and 'Right to restriction of processing of your personal data' above related to the Right to object.
Right not to be subject to automated decision-making
You have the Right not to be subject to a decision based solely on automated processing (i.e., decisions made by machines without human involvement), including profiling, which would produce legal effects or similarly affect you significantly. Our processing of your data involves something other than this type of automated decision-making.
Right to withdraw consent.
Where we rely on your consent to process your personal data for a particular purpose, you may withdraw your consent at any time. See the overview in section 3., which specifies for which purposes we rely on your consent as our legal basis. If you withdraw your consent, we will stop processing your personal data for the specific purpose(s). However, this only affects the lawfulness of processing your data after you revoke consent.
See 'Right to deletion (erasure) of your personal data related to the Right to withdraw consent.
Right to lodge a complaint
If you reside in selected jurisdictions, you are entitled, in line with the local data protection law, to contact your local authorities regarding any question, concern, or complaint you have relating to our processing of your personal data. Please refer to section 8. below to verify whether you have this Right in your jurisdiction and how to exercise it.
Right of non-discrimination
You have the Right not to be discriminated against if you exercise any of your privacy rights outlined above. Accordingly, we will not discriminate against you, deny you, charge different prices, or provide another quality of our Services if you choose to exercise these rights. However, some of the functionality and features available on the Services may change or no longer be available to you.
7.2. HOW TO EXERCISE YOUR RIGHTS
You can request to exercise any of the above rights:
with an email to firstname.lastname@example.org
with the customer support contact form
with the online chat with our customer support agents at https://muzic.la/contact (chat available Monday–Friday in specific hours)
Please note that when you request to exercise your rights, we may require that you provide information and follow procedures so that we can verify your identity. We will attempt to match the information you provide in your request to the information we already have on file to verify your identity. If we can verify your request, we will process it.
We will assess any request to exercise these rights on a case-by-case basis. We will respond to your request within the periods required by applicable data protection law. However, we may only sometimes be able to comply fully with your request. We will notify you of that event.
ADDITIONAL DISCLOSURES FOR INDIVIDUALS RESIDING IN SELECT JURISDICTIONS
This section is relevant if you reside in Brazil; MUZIC complies with the Brazilian General Data Protection Law (Law No. 13,709/2018) (the 'LGPD'). Therefore, this Privacy Notice includes all the necessary disclosures in line with the LGPD.
You have privacy rights under the LGPD, outlined in section 7.1 of this Privacy Notice. You may contact us in line with section 7.2 to exercise these rights.
You also have the Right to information regarding the shared use of personal data, which means that you have the Right to receive complete information about data sharing or data transfers between MUSIC and third parties. Additionally, you can find the overview of the shared use of your personal data.
If you are dissatisfied with how we handled your request to exercise your rights or have any other questions or concerns about your rights or this Privacy Notice, don't hesitate to contact our data protection officer at email@example.com.
You also have the Right to complain to your national data protection authority Autoridade Nacional de Proteção de Dados.
We may share your personal data with third parties outside Brazil, as provided in section 4. This may include transfers of your personal data to the United States, European Economic Area countries, and the United Kingdom.
This section is relevant if you reside in Canada. MUZIC complies with the Canadian Personal Information Protection and Electronic Documents Act ('PIPEDA'). Therefore, this Privacy Notice includes all the necessary disclosures in line with the PIPEDA.
Suppose you are dissatisfied with how we handled your privacy request. In that case, you have the Right to make a written submission to the Privacy Commissioner in your jurisdiction or the Office of the Privacy Commissioner of Canada at the address below:
Office of the Privacy Commissioner of Canada
30 Victoria Street Gatineau
Quebec K1A 1H3
8.3. THE EUROPEAN ECONOMIC AREA AND THE UNITED KINGDOM
This section is relevant if you reside in any of the European Economic Area countries (the 'EEA') (i.e., Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden) or the United Kingdom (the 'U.K.') and includes disclosures in line with the General Data Protection Regulation (Regulation (E.U.) 2016/679 and its U.K. equivalent, UK Data Protection Act 2018) (the 'GDPR').
8.3.1. Your privacy rights
The GDPR gives you rights as described in section 7.1, which you can exercise in line with section 7.2.
If you are not satisfied with how we handled your request to exercise any of your rights or you have any other questions or concerns about your rights or this Privacy Notice, don't hesitate to get in touch with our data protection officer at MUZIC Sevice AS, Data Protection Officer, Lakkegata 53, 0187, Oslo, Norway or at firstname.lastname@example.org.
You also have the Right to complain to the relevant data protection authority. You may contact the Norwegian data protection authority (Datatilsynet), the competent data protection authority for MUZIC, or your local data protection authority about any questions or concerns. You can find the overview of data protection authorities in different EEA countries here. The data protection authority for the U.K. is the Information Commissioner's Office, which you may contact here.
8.3.2. International transfers of personal data
As described in section 4. of this Privacy Notice, we share your data internally with our affiliates and group companies and with our processors and other third parties. Some of these recipients are located in countries outside of the EEA and the U.K., including in the United States and other countries, whose laws may not provide an equivalent level of protection for your personal data as is the level of protection guaranteed in the EEA and the U.K.
These transfers are necessary for us to provide our Services to you. Before your personal data is shared with third parties, we will take contractual or other steps reasonably necessary to ensure that your personal information is treated securely by such third parties.
To transfer your data, we rely on adequacy decisions issued by the European Commission and EU Standard Contractual Clauses that the European Commission and the U.K. International Data Transfer Addendum have adopted. For more information, including how to obtain a copy of these documents, don't hesitate to contact us through our contact points in section 7.2. You can also access the Standard Contractual Clauses approved by the European Commission here.
8.4. UNITED STATES
This section supplements the MUZIC Privacy Notice and applies to residents of U.S. states that have adopted comprehensive privacy legislation. As of the Effective Date of this Privacy Notice, these states are California, Colorado, Connecticut, Utah, and Virginia ("selected U.S. states").
8.4.1. Personal data we collect about you and purposes for which we use personal data
In the past 12 months, we have collected the categories of your personal data as described in section 2. of this Privacy Notice and used it for the purposes described in section 3. of this Privacy Notice.
8.4.2. Sources of personal data
We may have obtained your personal data from various sources, including directly from you, your device, your use of our Services, and third parties, as described in section 2 of this Privacy Notice.
8.4.3. Disclosures of personal data to third parties
Please refer to section 4. of this Privacy Notice for the categories of third parties to which we may have disclosed personal data.
8.4.4. Sale of your personal data and interest-based advertising
In the past 12 months, MUZIC has not disclosed personal information in a manner that it considers a sale within the meaning of applicable state laws.
8.4.5. Your privacy rights
Please refer to section 7.1 of this Privacy Notice to understand your privacy rights. If you are a resident of a selected U.S. state and would like to exercise your rights as described above, please refer to the contact information provided in section 7.2.
To help protect your privacy and maintain security, we may take steps described in section 7.2 to verify your identity before granting access to your personal information or honoring your other requests.
You may designate an authorized agent to make a request on your behalf as permitted under law. However, before we process that request, we may require that you provide the authorized agent with written permission to do so – for example, a power of attorney.
Right to opt-out of sharing personal data for interest-based advertising:
Before we place any targeting cookies on your device when you visit MUZIC websites or use MUZIC clients, we will present you with a cookie preference center. You can opt-out of targeted advertising through the cookie preference center. You can also change your preferences at any time by clicking on the 'Cookie Settings link at the bottom of our websites, or you can opt-out of certain targeted advertising on MUZIC mobile, desktop, and web clients by modifying your cookie preferences through the 'Privacy preferences' button in the settings of your MUZIC client.
You may also adjust the privacy settings through your browser settings or centralized solutions for interest-based advertising; opt-out from third-party advertisers who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance's (DAA) Self-Regulatory Principles for Online Behavioural Advertising.
You may use "Limit Ad Tracking" on iOS or "Opt Out of Ads Personalization" on Android.
Right of access: In addition to the Right of access described in section 7.1 above, California residents may have the Right to request a copy of their personal data and information regarding:
The categories and specific pieces of personal data we have collected about you
The categories of sources from which we have collected your personal data
The business or commercial purpose for which we have collected or shared your personal data
The categories of third parties to which we have disclosed your personal data
The categories of personal data about you that we have disclosed for a business purpose, and the types of third parties to which we have disclosed such information for a business purpose
Shine the Light: California residents are entitled once a year, free of charge, to request and obtain certain information regarding our disclosure, if any, of specific categories of personal information to third parties for their direct marketing purposes in the preceding calendar year. We do not share personal information with third parties for their direct marketing purposes.
Do Not Track: Some web browsers transmit "do-not-track" signals to websites. Because of differences in how web browsers incorporate and activate this feature, it is sometimes clear whether users intend for these signals to be transmitted or even aware of them. Currently, our websites are not designed to respond to these signals or similar mechanisms from browsers.
9. INFORMATION YOU CHOOSE TO MAKE PUBLIC
9.1. MUZIC PROFILES
The following information will always be public on our Services as part of your MUZIC Profile:
Your MUZIC Profile name - it can be anything you want,
Your followers and MUZIC users and artists you follow,
Your public playlists, including their titles, descriptions, content, and a number of MUZIC users who have added these playlists to their collection.
The extent of your information visible to others on our Services will depend on the data you choose to share about yourself. You can change or delete some of the information you provided about yourself.
Use your Facebook account to authenticate to our Services. We will receive your first and last name and profile picture from Facebook. This information will be mirrored automatically in your MUZIC Profile as your MUZIC Profile name and profile picture. You can also edit or delete this information.
9.2. PUBLIC AND PRIVATE PLAYLISTS
You can create public playlists on our Services. Your public playlists will appear in your MUZIC Profile and be searchable on our Services, and other MUZIC users can add them to their collection. You can change the privacy of your playlists at any time. For example, if you change your public playlist to a private setting, it will no longer be searchable on our Services nor appear in your MUZIC Profile.
Note that if other MUZIC users add your public playlist to their collections, subsequent changing of the playlist to a private setting will not automatically remove the playlist from other users' collections. You can only delete your playlist so it is removed from everyone's music collections. Accordingly, if you shared your public or private playlist through a shareable URL link with other MUZIC users (see below) and they added such a playlist to their collections, at present you can only remove the playlist from their collections by deleting it.
If you add a playlist created by another MUZIC user to your collection, the playlist creator will be able to see your MUZIC Profile name among the playlist fans.
9.3. SHARING OF MUZIC PROFILES, PLAYLISTS, AND LISTENING SESSIONS
You and other MUZIC users can share your MUZIC Profile, public playlists, and listening sessions on third-party social networks or messaging platforms with a shareable URL link or by clicking on social media logos for selected social networks in MUZIC clients. You can also share your private playlists with your selected audience with a shareable URL link. The third parties with access to this URL, such as users of third-party social media networks or recipients of the message, will be able to see the shared information. In addition, they can preview your MUZIC Profile and your public or private playlists. The third-party platforms may also store a copy of this information to support the features of their services.
10. SOCIAL MEDIA NETWORKS
We use various usage analytics and insight tools offered by the operators of social media networks, through which we can view general, anonymized statistics about our fan pages, such as interactions and reach of our posts and demographic information about our fan page visitors (e.g., age, gender, region). We can optimize the content we offer on our fan pages.
We do not have access to the personal data which the operators of social networks use to create such insights. Therefore, the selection and processing of your data for insights are performed exclusively by the operators of social networks. However, in some cases, when using these usage analyses and insight tools, we are jointly responsible ('joint controllers') with the operators of the social networks for processing your data to the extent indicated below.
When you visit our Twitter or YouTube profiles, Twitter as the operator of Twitter or Google as the operator of YouTube, as relevant, collects and processes your personal data to the extent described in their privacy policies. Through statistics, we receive anonymized information from Twitter and Google – for example, the number of our Twitter and YouTube profile visits, how successful our posts are, or what interests our followers pursue. Please refer to the Twitter and YouTube privacy policies for further information on how they process your personal data.
11. AMENDMENTS TO THIS PRIVACY NOTICE
Our Services are subject to constant improvements, and future changes may influence what personal data we process and how we collect, use, share, store, or otherwise process it. In addition, we may develop other services that are currently not mentioned in this Privacy Notice. The Privacy Notice will apply to them accordingly unless stated otherwise upon the launch of the new Services.
This Privacy Notice may be updated to reflect new changes in our Services, changes in the legal framework, or improvements in how we handle personal data. When we make material changes to the Privacy Notice, we will provide you with notice as appropriate under the circumstances by sending you an email or notification within a MUZIC client. Unless stated otherwise, our most recent Privacy Notice applies to all information that we process about you.