Muzal legal page

This Privacy Notice will help you understand what personal data we collect, why we collect it and what we do with it. We have tried to keep this notice as simple as possible.

We automatically collect certain information when using the Muzal platform, which includes our related websites, services, applications, products, and content (collectively, the “services”). The platform is created, developed and administered by Red Music SRL (“Red Music”), a Romanian company listed on the trade and business registry under the number 35846445, whose registered office is at BRUXELLES 12 Str., 011788, Bucharest, Romania. 

Such information includes your IP address, browsing history (i.e. the content you have viewed and email). Where you log-in from multiple devices, we will be able to use your profile information to identify your activity across devices.

We know that you care about your personal data and how it is used, and we want you to trust that we use your personal data carefully. 

You have the right to object to certain uses of your personal data including the use of your personal data for direct marketing. See what your rights are and how you can exercise them here.

By providing your personal data you acknowledge that you have read this privacy policy and you understand and accept our terms and conditions, herein.

Muzal uses the YouTube API Services and thus uses YouTube user information to access, provide and display YouTube data on Muzal. We will be able to retrieve user YouTube username, user private playlists, liked videos, uploaded videos, and subscribed channels. User data are only used to provide our services and are not shared with any external service. You can always revoke our access to your data via the Google security settings page at https://myaccount.google.com/permissions and can also contact us with any questions or complaints.

Red Music uses YouTube API Services. If you are using our Service on YouTube, you hereby by agreeing to our Privacy Policy also certify that you have read and agree to YouTube’s Terms of Service at https://www.youtube.com/t/terms and Google’s Privacy Policy at https://policies.google.com/privacy.

The information that are collected are: personal data and other data.

Personal data is the information that identifies you as an individual. 

Other data is the information that does not identifies your individuality. 

We use your personal data for the following purposes:

• To provide the best functionality of the website, such as arranging access to your account.
• To respond to your inquiries and fulfil your requests.
• To send you administrative information.
• To complete and fulfil the content of our playlists.
• To allow you to share the content (for example, music, videos, playlists, or artist information) to a third party through. By using such functionality, you are telling us that you are entitled to use and provide us with the third party’s name and email address.
• To send marketing communications.
• To facilitate social sharing functionality that you choose to use.
• To analyse your music preferences in order to prepare so we can build the playlists (the Content).
• To personalize your experience using your IP address, by presenting content, products, and services.
• Data analysis, for example, to improve our charts and playlists.
• Audits, to verify that our internal processes function as intended and are compliant with legal, regulatory, or contractual requirements.
• For fraud and security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft.
• For developing new products and services.
• For enhancing, improving, or modifying our current products and services.
• For identifying usage trends, for example, understanding which parts of our content are of most interest to users.
• For operating and expanding our business activities, for example, understanding which parts of our Properties are of most interest to our users so we can focus our energies on meeting our users’ interests.

We will engage in these activities to manage our contractual relationship according to our terms and conditions with you and/or to comply with the legal requirements and will engage in this activity with your consent.

We may anonymize your personal data so that it will no longer be considered personal to generate other data for our use, which we may use and disclose for any purpose.

We collect your personal data only for internal purposes and do not disclose your personal data with any third party, except when we have a legal obligation or legitimate interest to do so:

• To comply with applicable law, including laws outside your country of residence.
• To respond to requests from public and government authorities, including authorities outside your country of residence.
• To cooperate with law enforcement when we respond to law enforcement requests and orders.
• For other legal reasons, such as: to enforce our terms and conditions, to protect our operations, to protect our rights, privacy, safety, or property, to allow us to pursue available remedies or limit the damages that we may sustain.
• In connection with a sale or business transaction. 

We will retain your personal data for as long as needed or permitted considering the purpose(s) for which it was obtained and consistent with applicable law.

The criteria we use to determine our retention periods include:

• The length of time you have an account with us.
• Whether there is a legal obligation to which we are subject.
• Whether retention is advisable considering our legal position, regarding applicable statutes of limitations, litigation, or investigations, etc. 

We will not request you to disclose to us, any sensitive personal data (e.g., personal identification number (CNP), racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background, or sexual orientation, etc.

The other data we collect is:

• Browser and device information
• Mobile App usage data
• Server log files
• Information collected through cookies, pixel tags and other technologies. 
• Other non-personally identifiable information provided by you
• Information about your musical preferences. 
• Aggregated information

We collect other data in the following ways:

• We may also collect a unique device identifier assigned by us to the device from which you are accessing and other transactional information for the device that we may use to serve content and advertisements to the device.
• When you use the services, we may track and collect the usage data, such as the date and time your device accesses our servers and what information and files have been downloaded based on your device number.
• The Internet Protocol (IP) address number that is automatically assigned to your device from which you are accessing our site from your Internet Service Provider (ISP), and is identified and logged automatically in our server log files whenever you visit us, along with the time of the visit and the activity. We use IP addresses for purposes such as calculating the usage levels, diagnosing the server problems, administering the site and determining your approximate geographic location.
• We may use cookies, pixel tags, web beacons, Adobe Flash and other similar technologies to, among other things, better serve you with more tailored information for our products and services, facilitate your ongoing access. 
• We collect and process information about your IP to provide personalized services, content, and advertisements.
• We do not collect demographic information, your zip code or gender, but we collect other information, such as your preferred means of communication when you voluntarily provide this information to us. This information does not necessarily personally identify, unless further information is added to it that would allow identification to take place. In such case, the information will be treated as personal data.
• Information about how you interact with our services. This data information may let us know which services and features you are using the most.
• We may aggregate personal data so that the end-product does not personally identify you, for example, by using personal data to calculate the percentage of our users who like a playlist.

We may use and disclose other data for any purpose, except where we are required to do otherwise under applicable law. 

We take the security of your personal data very seriously. We take every effort to protect your personal data from misuse, interference, loss, unauthorised access, modification, or disclosure. We will use reasonable physical, technical, and administrative measures to protect personal data under our control. If you have reason to believe that your interaction with us is no longer secure, please notify us immediately.

In each case, please make clear in your email what you are opting out from. We will comply with your request(s) as soon as reasonably practicable. Please note that, if you do opt-out from receiving marketing-related messages from us, we may still send administrative messages to you. 

Your rights in relation to your personal data how it is processed. 

You can exercise these rights at any point. 

Where we process your personal data, you have several rights over how the data is processed and can exercise these rights at any point. 

You can exercise your below rights by sending an email or submitting a request through the “Contact Us” form:

• The right to be informed. You have the right to be provided with clear, transparent, and easily understandable information about how we use your personal data and your rights. Therefore, we are providing you with the information in this Notice.
• The right to access and rectification. You have the right to access, correct or update your personal data at any time. We understand the importance of this, and should you want to exercise your rights, please contact us.
• The right to data portability. The personal data you have provided us with is portable. This means it can be moved, copied, or transmitted electronically under certain circumstances.
• The right to be forgotten. Under certain circumstances, you have right to request that we delete your data. If you wish to delete the personal data, we hold about you, please let us know and we will take reasonable steps to respond to your request in accordance with legal requirements. If the personal data we collect is no longer needed for any purposes and we are not required by law to retain it, we will do what we can to delete, destroy or permanently de-identify it.
• The right to restrict processing. Under certain circumstances, you have the right to restrict the processing of your personal data.
• The right to object. Under certain circumstances, you have the right to object to certain types of processing, including processing for direct marketing (i.e., receiving emails from us notifying you or being contacted with varying potential opportunities).
• The right to lodge a complaint with a Supervisory Authority. You have the right to lodge a complaint directly with any local Supervisory Authority about how we process your personal data.
• The right to withdraw consent. If you have given your consent to anything we do with your personal data (i.e., we rely on consent as a legal basis for processing your personal data), you have the right to withdraw your consent at any time (although if you do so, it does not mean that anything we have done with your personal data with your consent up to that point is unlawful). You can withdraw your consent to the processing of your personal data at any time by contacting us with the details provided below.
• Rights related to automated decision-making. You have the right not to be subject to a decision which is based solely on automated processing and which produces legal or other significant effects on you. You have the right:

• to obtain human intervention.
• to express your point of view.
• to obtain an explanation of the decision reached after an assessment; and
• to challenge such a decision.

Further information and advice about your rights can be obtained from the data protection Regulator in your Country.

Where our collection and use of Personal data is based on your consent, you may withdraw such consent at any time by emailing us, and such withdrawal will not affect the lawfulness of processing based on consent before your withdrawal.

The website is controlled and operated from the Romania; accordingly, this Privacy Policy, and our use and disclosure of your Personal data, is governed by the laws of Romania. Your Personal data will not be stored, processed, or transferred to other country.

The app is not directed to individuals under the age of sixteen (16), and we request that such individuals do not provide Personal data.

RED Music S.R.L is a Romanian company listed on the trade and business registry under the number 35846445, whose registered office is at BRUXELLES 12 Str., 011788, Bucharest, Romania, and is the company responsible for collection, use and disclosure of your Personal data under this Privacy Policy.

If you have any questions or concerns about this Privacy Policy or our data processing practices, please contact us by email. Alternatively, if you are located within the EU/EEA, and if you think that the way we process your personal information does not comply with applicable data protection laws, you can contact the relevant competent data protection authority. You can obtain the information for contacting EU data protection authorities at http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.. 

We will update this Privacy Notice when necessary to reflect customer feedback and changes in our products and services. When we post changes to this statement, we will revise the “last updated” date at the top of this Notice. If the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Privacy Notice changes). We will also keep prior versions of this Privacy Notice in an archive for your review.

We will not reduce your rights under this Privacy Notice without your consent.

Children’s Online Privacy Protection

To access the services, you must be at least 18 years of age and accept these terms (including the privacy policy and the cookie policy) further “terms” without reservation. If you are under age 18, you may only use the Services with the consent of your parent or legal tutor. To be sure your parent or legal tutor has reviewed and accepted these Privacy Policy on your behalf, we have implemented functional age controls on our app and website. It is strictly forbidden that once an underage user realizes that age restrictions have been imposed on their account, one can simply create a new account from the same device, using a fake birthdate. In order to overcome this, we pay reasonable efforts to ensure that a parent or the legal tutor of an under age 18 user receives and accepts the direct notice of our practices regarding the collection, use, or disclosure of personal information. In this respect, only for those cases were, on devices where an underage account was previously rejected because of the age, we require additional parental consent verification, by providing supplementary evidence. Also, a prominent and clearly labelled link to the online privacy notice of the information practices regarding children is posted on our website and app, homepages. Moreover, we provide the parents the opportunity to refuse to permit the further use of future online collection of personal information from their child, and to delete the child’s personal information. The parents may review, delete, and refuse to permit further collection or use of the child’s information.

We will not require a child to disclose more information than is reasonably necessary to participate.

Parents or legal tutors can review their child’s personal information, direct us to delete it, and refuse to allow any further collection or use of the child’s information.

Parents or legal tutors can agree to the collection and use of their child’s information, but still not allow disclosure to third parties unless that’s part of the service (for example, social networking), the procedure to follow to exercise your rights is to be found within this document.

We send a “direct notice” to parents or legal tutors of our information practices before collecting information from children. 

The notice informs the parents or legal tutors:

• that we collected their online contact information for the purpose of getting their consent.
• that we want to collect personal information from their child.
• that their consent is required for the collection, use, and disclosure of the information.
• the specific personal information we collect and how it might be disclosed to others.
• a link to our online privacy policy.
• how they can give their consent; and
• that if they do not consent within 10 days, we will delete their online contact information from our records.

Before collecting, using, or disclosing personal information from a child, we get their parent’s verifiable consent by using a method reasonably designed in light of available technology to ensure that the person giving the consent is the child’s parent.  In cases where are collecting personal information from a site or service that is directed to children, we get consent directly or through the child-directed site or service.

Our methods include having the parent or the tutor:

• sign a consent form and send it back to you via fax, mail, or electronic scan.
• use a credit card, debit card, or other online payment system that provides notification of each separate transaction to the account holder.
• call a toll-free number staffed by trained personnel.
• provide a copy of a form of government issued ID that we check and delete the identification from our records when the verification process ends.
• answer a series of knowledge-based challenge questions that would be difficult for someone other than the parent to answer. 

Also, because we use a child’s personal information only for internal purposes and will not disclose it, we also use a method known as “email plus.” Under this method, we send an email to the parent or tutor and have them respond with their consent. Then we send a confirmation to the parent via email or phone call. We let the parent know they can revoke their consent anytime.

Even if parents or tutors have agreed that we may collect information from their kids, they have ongoing rights — and we have continuing obligations. We give them a way to review the personal information collected from their child, to revoke their consent and refuse the further use or collection of personal information from their child or to delete their child’s personal information.

Last updated April 02, 2021.

MUZAL™© 2020 terms of services

Welcome to Muzal platform, which includes our related websites, services, applications, products, and content (collectively, the “services”). The platform is created, developed and administered by Red Music SRL (“Red Music”), a Romanian company listed on the trade and business registry under the number 35846445, whose registered office is at BRUXELLES 12 Str., 011788, Bucharest, Romania.

Your access to and use of our Services is also subject to our Privacy Policy and Cookie Policy, the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile device’s applicable app store, and are incorporated herein by reference. By using the Services, you consent to the terms of the Privacy Policy and the Cookie Policy.

These Terms of Service (“Terms”) govern your access to and use the Platform and our services and their content including but not limited to the information, text, links, graphics, photos or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). 

These Terms apply to any subscription to use our Services, including any use of the website without a subscription, registration, or a user account. These Services are available worldwide and aim your private use for non-professional customers only. If you are a professional customer and you are interested in our Services, please feel free to contact us.

Red Music uses YouTube API Services. If you are using our Service on YouTube, you hereby by agreeing to our terms of services, also certify that you have read and agree to YouTube’s Terms of Service at https://www.youtube.com/t/terms.

To access the services, you must be at least 18 years of age and accept these terms (including the privacy policy and the cookie policy) further “terms” without reservation. If you are under age 18, you may only use the Services with the consent of your parent or legal tutor. To be sure your parent or legal tutor has reviewed and accepted these Terms on your behalf, we have implemented functional age controls on our app and website. It is strictly forbidden that once an underage user realizes that age restrictions have been imposed on their account, one can simply create a new account from the same device, using a fake birthdate. In order to overcome this, we pay reasonable efforts to ensure that a parent or the legal tutor of an under age 18 user receives and accepts the direct notice of our practices regarding the collection, use, or disclosure of personal information. In this respect, only for those cases were, on devices where an underage account was previously rejected because of the age, we are using an ID device to require additional parental consent verification, by providing supplementary evidence, like an ID card, a credit card, etc.. Also, a prominent and clearly post of the labelled link to the online privacy notice of the information practices with regard to children on our website and app, homepage. Moreover, we provide the parents the opportunity to refuse to permit the further use of future online collection of personal information from their child, and to delete the child’s personal information. The parents may review, delete, and refuse to permit further collection or use of the child’s information.

Access to the Services

By accessing the services, you agree to our terms of service, and agree that you are responsible for compliance with any applicable local or international laws or regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in our services are protected by applicable copyright and trademark law. If you are accepting these Terms and using the Services on behalf of a legal entity you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to the entity you represent.

Content on the Services

We reserve the right to remove Content that violates these terms, including for example, copyright or trademark violations, impersonation, unlawful conduct, or harassment.  If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this by contacting us.

The Muzal platform is a software interface to facilitate users to interact with the services we provide. These services aim to create user-generated personal music playlists. We may modify or adapt our services and make changes to adapt the content or the services. 

Your Account

You may need to create an account to use some of our Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above. You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. 

You are responsible for the activity that occurs under your account.

We reserve the right to disable your account at any time, including if you have failed to comply with any of the provisions of these Terms or cause damage to the Services or infringe any third party rights, or violate any laws or regulations.

If you do not want to use our Services and like to delete your account, please contact us at privacy@muzal.com, and we will help you. Once you choose to delete your account, you will not be able to reactivate it or to retrieve the content or information you have added.

We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms, or cause damage to the Services or infringe any third party rights, or violate any laws or regulations. 

Your License to Use the Services

Red Music gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Red Music, in the manner permitted by these Terms.

Muzal services are protected by copyright, trademark, and other laws of both the Romanian and international laws or Regulations and the laws of your country. Nothing in the Terms gives you a right to use the Red Music name or any of the Red Music trademarks, logos, trade name, know-how, domain names, and other distinctive intellectual property rights. All rights, titles, and interests in and to the Services (excluding Content provided by users and the intellectual property of the artists and third parties related to their music, videos, etc.) are and will remain the exclusive property of Red Music and its licensors. Any feedback, comments, or suggestions you may provide regarding Red Music, or the Services is entirely voluntary, and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Muzal services are integrated with the third-party applications, websites, and services (for example YouTube) to make available the content. These third parties have their own terms and conditions of use and privacy policies and your use of their content will be governed by and subject to such terms and conditions and privacy policies. 

Disclaimers and Limitations of Liability

Your access to and use of the Services or any Content are at your own risk. Red Music make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Red Music or through the Services, will create any warranty or representation not expressly made herein.

Limitation of Liability

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL ANY SOFTWARE AND TO STOP USING THE SERVICE. WHILE RED MUSIC ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO RED MUSIC, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL RED MUSIC, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE AND/OR CONTENT, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER RED MUSIC HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY CONTENT.

Advertisement

You may separately have accepted to be exposed to commercial messages, newsletters and advertisement sent by Red Music when using the Service. If you do not want to be notified about these offers or news you may always opt-out from such information by following the instructions in each notification which you receive.

Intellectual Property Rights

You may not use, transfer, display, perform or otherwise make the Content available except as expressly permitted under these Terms and Conditions and under the applicable music license agreement. All content available through the website, including the playlists (excluding the intellectual property of the artists and third parties related to their music, videos, etc.) are the sole proprietary property of Red Music.

Except for the rights expressly granted to you in these Terms and Conditions, no right to the Service or the Content is assigned to you, and all right, title and interest in the Service and the Content are reserved and retained by Red Music. Red Music do under no circumstances transfer any right, title, or interest in the Content to you, and you do not acquire any ownership rights to the Service or the Content.

Please note that you may not use the Content in connection with other material that is offensive, defamatory, obscene, immoral, discriminating, illegal or that otherwise violates any rights of anyone associated with the Content and/or any third party. You shall comply with any applicable laws, regulations regarding use and distribution of the Content.

Please also note that you are not allowed to upload or otherwise exploit the Content provided in the Service as stand-alone files (for example, uploading any playlists to any kind of distribution platform or otherwise distributing a playlist file.

Term and Termination

This agreement will continue to be in force until terminated by you or Red Music. If you or Red Music terminate this agreement for any reason or if you violate any of the terms or conditions in these Terms and Conditions or any thereto related documents, your right to use the Service and access to Content will immediately terminate. You may end your legal agreement with Red Music at any time by deactivating your accounts and discontinuing your use of the Services. 

Law and Dispute Resolution

Romanian law shall apply to these Terms and Conditions except regarding principles on conflict of laws. Any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, or the breach, termination or invalidity thereof, shall be determined by Romanian courts of general jurisdiction where the district court of Bucharest (sw: Tribunalul Bucuresti) shall be the court of first instance. Red Music has the right regarding illegal copying or distribution of the Content or the Service to the public, to instigate proceedings for damages or injunctions in any court having jurisdiction.
Effective: April 02, 2021.