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Magroove Privacy Policy

Welcome to Magroove!
This Privacy Policy govern your relationship with MAGROOVE (“Magroove”, “we”, “our”, “us”) and the way we make use of your personal information (“Your Information”), whether provided by you or automatically collected by our website magroove.com and any sub-domains (our “Website”, “Webapp”), our mobile and desktop apps (our "Apps") and all related players, widgets, tools, applications, data, software, APIs and other services provided or utilized by Magroove (the “Services”).
This Magroove Privacy Policy, together with our Terms of Use and any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the “Agreement”) between you and Magroove, in relation to your use of the Website, Apps and Services (together, the “Platform”).
1. Acceptance of this Privacy Policy
1.1. Please read this Privacy Policy very carefully. If you do not agree to any of the provisions set out in this document, you should not use the Website, Apps or any of the Services. By accessing or using the Platform, registering an account, or by viewing, accessing, streaming, uploading or downloading any information or content from or to the Platform, you represent and warrant that you have read and understood the Privacy Policy, will abide by them, and that you are above the age of majority and fully capable, or otherwise duly assisted or represented, according to the laws of your jurisdiction.
2. Information we collect about you
We collect information about you from the following sources:
2.1 Information provided by you.
2.1.1. You are not required to provide us with any personal data in order to visit the Website. However, you are obliged to register to use our Services. Registration shall be made through Facebook or Google+ login authorization system and, by doing so, you will provide us with the following information:
(a) Your Facebook or Google+ ID;
(b) Your name;
(c) Your registered email address;
(d) Your profile picture;
(e) Your gender;
(f) Your birthday;
(g) Your location (i.e. your City and Country);
(h) Your registered telephone number;
(i) Your interests and affinity networks; and
(j) Any other information you make publicly available on Facebook or Google+.
2.2. Information automatically collected by our Website and Apps:
2.2.1. There are certain information that we automatically collect as the result of your use of the Platform or through the use of web analytics services as described in our Cookies and Similar Technology Section bellow. Such information include, without limitation:
(a) The Internet Protocol (IP) address of the device from which you access the Platform (this can sometimes be used to derive the Country or City from which you are accessing the Platform);
(b) The website that you visited immediately prior to visiting the Website;
(c) The specific actions that you take on the Platform, including, without limitation, the pages you visit, Content you stream, your likes, shares and searches;
(d) Any search terms that you may enter on the Website;
(e) The time, frequency and duration of your visits to the Platform;
(f) Your browser type and operating system, when applicable;
(g) The nature of the device from which you are accessing the Platform (i.e. whether you are accessing the Platform from a personal computer or from a mobile device) and the device ID;
(h) your location data (e.g. GPS) when using Magroove Services, when applicable;
(i) information collected through cookies and similar technology, as described in the Cookies and Similar Technology Section bellow;
(j) Information collected whenever you contact us by email, use any of the webforms on the Website, or contact us by mail, fax or other offline means;
(k) Information regarding your interaction with email messages, for example, whether you opened, clicked on, or forwarded the email message;
(l) Information provided by you, as part of your response, whenever you participate in any survey, unless you respond anonymously;
2.2.2. When you link, sign in or sync your Spotify, Deezer, iTunes or SoundCloud account, we automatically collect information provided thereto, including, without limitation, your name, gender, birthday, Country, profile picture, email, number of followers, playlists, collaborative playlists and music on your library and subscription plan.
2.2.3. When you link, sign in or sync your Twitter account, we automatically collect information provided thereto, including, without limitation, your name, Twitter username, gender, birthday, Country, profile picture, email and number of followers.
2.3. Magroove for Artists
2.3.1. When you register an Artist Account, in addition to the information described above, you may also provide us with the following information:
(a) The name of your musical project (eg. group name, band name, solo artist name) ("Band");
(b) The city and Country of your Band;
(c) Information and details about your website, online store and social media profiles, including links to those websites and profiles, when applicable; and
(d) The link to Your Content on Spotify, Deezer, Apple Music or other Digital Service Providers (“DSPs”; Streaming Services and Online Music), when available. By doing so, you allow us to automatically collect information provided thereto, including, without limitation, the Release name (e.g. album, EP or single names), tracks’ names and numbers, cover artwork, Release year, composition copyright year, sound recording copyright year, audio files, ISRC codes, composition copyright and phonogram holder title, whether it is and explicit content or not, primary artist and other roles (eg. producer, secondary artist, composer), information about how you classify Your Content (e.g. music style, genre, influences), Artist bio, Artist email, whether it is an inactive project or not, etc.
2.4. Magroove+
2.4.1. If you choose to upload Your Content using Magroove+, as described in our Magroove for Artists Terms of Use, you should also provide us with the following information:
(a) Release name (e.g. album, EP or single names);
(b) tracks’ names and numbers;
(c) cover artwork;
(d) Release year;
(e) Composition copyright year;
(f) Sound recording copyright year;
(g) Extra information regarding Your Content (e.g. if it is a live recording, remix, etc.)
(h) Audio files;
(i) ISRC codes;
(j) Composition copyright and phonogram holder title (when applicable);
(k) Whether it is and explicit content or not;
(l) Primary artist and other roles (eg. producer, secondary artist, composer);
(m) Information about how you classify Your Content (e.g. music style, genre, influences);
(n) Artist bio;
(o) Artist email;
(p) Whether it is an inactive project or not, and
(q) Any other information required to upload Your Content using Magroove+.
2.4.2. In order to receive your percentage of the royalties collected by Magroove in relation to Your Content, as described in our Magroove for Artists Terms of Use, you should also provide us with your real name and the email address associated with your PayPal Account. By doing so, you allow us to automatically collect information provided thereto, including, without limitation, your registered telephone number, address, zip code, City, State and Country.
3. How we use your information
3.1. We use the information that we collect about you for the following purposes:
(a) To operate and maintain your Magroove account, and to provide you with access to the Services. Your Facebook or Google+ IDs are used to identify you when you sign into the Platform;
(b) To identify you as the creator of the Content that you upload;
(c) To seek your participation in surveys, and to conduct and analyze the results of those surveys if you choose to participate;
(d) To provide you with technical support;
(e) To respond to you about any comment or enquiry you have submitted;
(f) To provide Artists with data regarding other users' listening behavior in relation to their Content;
(g) To prevent or take action against activities that are, or may be, in breach of our Terms of Use, Magroove for Artists Terms of Use, Privacy Policy or applicable law;
(h) Your email address will be used to notify you of updates on our Services and on your account, and to send you newsletters, marketing messages and other email notifications;
(i) To analyze the use of the Platform and the people visiting the Website and using the Apps and Services, in order to improve and customize them to your needs and interests;
(j) To show you interesting Magroove ads when you visit third party websites. When you see our ads on a third party website or apps, we or third party services we engage for this purpose, may collect information your browser or mobile app makes available when seeing the ad (e.g. ip-addresses, referral URL, browser details, timestamp of request). Third party websites or apps may also allow us to measure the success of our ads on their websites. Please see such third parties’ privacy policies to understand what data may be collected and how to opt-out;
(k) To show you ads on behalf of advertisers, we use information that we automatically collect when you interact with the Platform (e.g. by searching, listening, liking Content), including location data, together with information you provide us through the Platform, and which you choose to make available to us (such as your age or gender) directly or through third party services as well as information your browser sends us when using the Platform (e.g. referral URLs, device type or location data). This allows us to show you ads that are more relevant and interesting to you. Please note that we do not share personal data with advertisers. Instead, advertisers pre-define a specific audience by certain generic criteria (e.g. the city of residence, the age range, or the number of followers of an unidentified user) for a specific ad campaign. If your profile matches these generic criteria, we may choose to display a suitable ad to you. We may also display ads based on the Content that you have recently viewed, searched, liked or interacted with. Before we may use location data from the Apps for the first time, your mobile device will generally ask you for permission first. In case you gave permission to do so, location based services in your device will collect location data for a couple of seconds. These will then be shared with us or a respective service provider. When we engage third party services such as ad-networks that enable us showing you interest based ads, we may also allow them to collect certain information such as cookie data from you. This information would allow these third-parties to deliver targeted advertisements that they believe will be of most interest to you. If you allow third party websites to collect and share data when you interact with their platform, ad-networks may use that information together with the information we allow them to collect on the Platform. Please see such third parties’ privacy policies to understand what data may be collected and how to opt-out;
(l) To customize your use of the Platform and/or the content of any email newsletter or other material that we may send from time to time; and
(m) When you link, sign in or sync your Spotify account with Magroove, we export the information based on the Content that you have recently viewed, searched, liked or interacted with to Spotify, in order to create playlists and findings based on your use of the Platform;
(n) To invite you to provide feedback regarding the Platform, and in such circumstances, any feedback you provide will be deemed non-confidential and Magroove shall have the right, but not the obligation, to use such feedback on an unrestricted basis;
(o) For other purposes, provided we disclose this to you at the relevant time, and provided that you agree to the proposed use of your personal data.
4. Sharing of your information
4.1. We will not share Your Information with any third party, except as described in this Privacy Policy. We may need to share some of Your Information, for the purposes set out above, in the following circumstances:
(a) The link to Your Content on Spotify, Deezer, Apple Music or any other DSP will be accessible by other users of the Platform, who may view your DSP profile and listen to any of Your Content there uploaded, when available;
(b) We may use certain reputable third parties to provide us with specialized services related to the Platform. These third parties will have access to certain information about you, but only where this is necessary in order for those them to provide us with their services. Whenever we need to transfer personal data to such third parties, we require them to implement appropriate organizational and technical security measures to protect the information against unauthorized disclosure, and only to process personal data in accordance with our instructions and to the extent necessary to provide us with their services;
(c) When signing in through Facebook or Google+, you will be sharing certain information with other apps or networks which may be connected to your device or to your account. Magroove is not responsible for these other apps or networks, so please make sure you only connect your account with apps or services that you trust;
(d) Advertisers may use third party services to ensure their ads are properly served and to measure the success of their campaigns on websites and apps. We allow these services to collect and use the information for such purposes;
(e) We may aggregate your personal data with similar data relating to other users of the Platform in order to create statistical information regarding the Platform and its use, which we may then use to customize your use of the Platform, share with third parties or make publicly available. However, none of this information would include any email address or other contact information, or anything that could be used to identify you individually, either online or in real life;
(f) We may disclose your information if we believe in good faith that we are permitted or required to do so by law, including, without limitation, in response to a court order, subpoena or other legal demand or request;
(g) We may disclose your information if we feel this is necessary in order to protect or defend our legitimate rights and interests, or those of our users, employees, directors or shareholders, and/or to ensure the safety and security of the Platform and/or the Magroove community;
(h) We may transfer your information to any person or company that acquires all or substantially all of the assets or business of Magroove, or on a merger of our business, or in the event of our insolvency.
5. Cookies and similar technology
5.1. In common with most websites and apps, we use cookies and other standard Internet technologies to help us improve the Website, Apps and Services we provide. By using the Platform, you indicate your consent to our use of these technologies and to our use (in accordance with this Privacy Policy) of any personal data that we collect using these technologies.
5.2. Cookies are small text files that are placed on your computer by websites that you visit. These text files can be read by these websites and help to identify you when you return to a website. Cookies can be “persistent” or “session” cookies. Persistent cookies remain on your computer when you have gone offline, while session cookies are deleted as soon as you close your web browser. To find out more about cookies, including how to see what cookies have been set and how to block and delete cookies, please visit http://www.aboutcookies.org/.
5.3. Ads displayed to you are in some cases provided by third parties, who may use information about your visit and interaction with the Platform in order to show you personalized ads of products and services that may be of your interest. Personal information such as your name or email address will not be shared.
5.4. We use our own cookies to recognize you when you visit our website or use our apps. This means that you don’t have to log in each time you visit, and we can remember your preferences and settings.
5.5. In addition to our own cookies and login cookies, we work with various reputable companies to help us analyze how the Platform is used, and to optimize our website and apps to deliver the best possible experience. The following companies help us achieve this through use of cookies:
(a)Google Analytics;
(b) Google Website Optimizer;
(c) Google AdWords;
(d) Google Remarketing;
(e) Facebook Pixel;
(f) DoubleClick;
(g) Adswizz; and
(h) Global.
5.6. In addition to cookies, we also use the following standard Internet technologies in connection with your use of the Platform:
(a) Clear GIFs;
(b) Flash Cookies;
(c) HTML5 local storage;
(d) Activity tracking;
(e) App performance tracking;
(f) Bug reporting;
(g) Personalized advertising on mobile devices.
6. Opting out
6.1. You are required to enable cookies for Magroove’s Website and Apps, as well as for Facebook or Google+ login services, in order to use the Platform.
6.2. In order to opt out of third parties’ data collection using cookies, please see the instructions set forth in such third parties’ Privacy Policies. In order to opt out of any personal data collection using cookies, you can change the settings within your web browser or mobile device. However, please be aware that cookies are important to many aspects for the Platform. If you set your browser to reject some cookies, you may not be able to use the Platform. To find out how to see what cookies have been set and how to reject and delete cookies, please visit http://www.aboutcookies.org.
7. Choice and control
7.1. When you sign up for Magroove, your Facebook or Google+ account will be connected automatically. Content that you share with Facebook or Twitter, using the share button available on the Platform, will appear on your timeline and in your Facebook friends’ or Twitter followers’ newsfeeds, respectively. Otherwise, Magroove will not share or post any Content on your Facebook or Twitter timeline.
7.2. Please note that this Privacy Policy does not apply to any third party sites or applications, and we cannot control the activities of those sites or applications. You are advised to read the privacy policies of those sites or applications before sharing your information with, or connecting your Magroove account to, any of these third party sites or applications.
8. Deleting Your Account
8.1. You can delete your account by deleting all of Your Content and then emailing us at legal@magroove.com. Please bear in mind that, if you delete Your Content, all data associated with it will be permanently deleted and may not be recoverable. You are therefore advised to copy or back up all Content uploaded to your account before deleting it.
8.2. Even if you delete your Magroove account, it is possible that your information may still show up in some internet search results for a short while afterwards, if the search engine maintains a temporary cache of web pages. Search engines' caching processes are outside of Magroove’s control and therefore we cannot be responsible for any information that remains cached by search engines after that information has been removed from the Platform.
8.3. Please note that deleting any Magroove Apps, or any third party apps to which your Magroove account is connected, will not delete your Magroove account. If you wish to delete your account, you will need to do so from the Account tab in your Settings on the Website. Similarly, if you delete a third party app that is connected to your Magroove account over our API, this will not necessarily delete all data from within that third party app. You will need to refer to the app provider’s terms of use and privacy policy to find out how to delete your data from that third party app.
9. Severability
9.1. Should one or more provisions of this Privacy Policy be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Privacy Policy, which will remain in full force and effect.
10. Entire agreement
10.1. This Privacy Policy, together with our general Terms of Use and Magroove for Artists Terms of Use, when applicable, constitute the entire agreement between you and Magroove with respect to your use of the Platform, and supersede any prior agreement between you and Magroove. Any modifications to this Agreement must be made in writing.
11. Applicable law and jurisdiction
11.1. This Privacy Policy is subject to the laws of the Federative Republic of Brazil, and the Parties hereby agree to submit to the exclusive jurisdiction of the courts in the city of São Paulo, state of São Paulo, Brazil, for resolution of any dispute, action or proceeding arising in connection with this Privacy Policy.