This privacy policy explains how MS Moods Productions (we or us or our) collects, uses and processes your personal information in accordance with applicable privacy and data protection legislations, including, without limitation, the European Union’s General Data Protection Regulations (GDPR).

PART I – INFORMATION WE COLLECT FROM YOU

1.1 When you interact with us or use our website or services, we collect personal information about you such as your name, address, phone number, e-mail, login details, website, financial information, business information and government identification information and documents.

1.2 Most of the personal information we process is provided to us directly by you for one of the following reasons:

  • You have contacted us via email, social media, applications or similar technologies or have mentioned us on social media.
  • You engage our services.
  • You subscribe to our newsletter.
  • You represent your organisation and/or are the ultimate beneficial owners.
  • You wish to attend, or have attended, an event.
  • You participate in our surveys or research.
  • You use or access our website via your browser’s cookies. Additional information about how we use cookies can be found in our cookie policy in the footer.
  • You have applied for a job or internship with us.
  • You have shared your images, videos and recordings with us or have agreed for us to take your images, videos and recordings.
  • You have shared your testimonials, reviews, comments and feedback (both written and verbal) with us.
  • You have made a complaint or report a problem to us.

1.3 We also receive personal information indirectly:

  • From publicly available sources.
  • From a third party with your instructions or consent, e.g:
    • your business partner;
    • your bank, financial company or building society;
    • professional advisors, consultants, contractors and other service providers in relation to your matter;
    • your current and/or previous employers; and/or
    • your referees.
  • Through referral from our business affiliates, partners and clients.

PART II – USES OF PERSONAL INFORMATION COLLECTED

2.1 We use the personal information that you have given us in the following ways:

  • To communicate with you and keep records of them.
  • To provide our services and fulfil our contractual obligations to you. We (and our third party service providers) use your payment and bank account information to process payments made by you.
  • To generate statistics regarding the use of the website and/or to analyse and improve the quality and content of our website.
  • To comply with the legal or regulatory obligations that apply to us.
  • To exercise our legal rights and prevent fraud, criminal activities and abuse of our services.
  • To engage in marketing and business development activity in relation to our services. This may include sending you newsletters, updates, marketing communications and other information that may be of interest to you.
  • To handle your application, selection and hire as one of our business partners, professional advisers, service providers, independent contractors or subcontractors.
  • To handle your subscription to any of our events.

2.2 When we use your personal information to engage in marketing and and business development activity, we have a legitimate interest in processing your personal information for such purposes in support of our promotional and marketing activities. This means we do not usually need your consent to send you marketing communications. Where consent is needed, we will ask for the consent separately.

2.3 You have the right to opt out of our marketing communications at any time by using the ‘unsubscribe’ link in emails; or contacting us.

PART III – LAWFUL GROUNDS OF PROCESSING

We rely on the following lawful grounds to process your personal information:

  • Performance of a contract.
  • Legal or regulatory obligations that apply to us.
  • Your consent; or
  • The legitimate interest of MS Moods Productions and a third party.

PART III – DISCLOSURE OF YOUR INFORMATION

3.1 We do not sell your personal data to third parties or provide it to third parties for their own direct marketing purposes.

3.2 We may routinely disclose your personal information to the following persons:

  • our employees;
  • our business affiliates and partners;
  • professional advisers who we instruct on your behalf or refer to you, e.g. lawyers, accountants, tax advisers, auditors and/or other professionals; and
  • our service providers who we engage to provide service to us such as digital marketing and analytics service providers, IT service providers (including cloud and online application service providers), and professional advisers.

We use only service providers which provide sufficient guarantees to implement appropriate measures to comply with GDPR and to protect data subject rights. Our contract requires them to use your personal information only for the provision of services to us and in accordance with our instructions.

3.2 We may share your personal information with the public authorities and law enforcement agencies in order to comply with our legal or regulatory obligations. This includes exchanging information with organisations for the purposes of fraud protection and credit risk reduction.

3.3 In the event that we sell some or all of our business or during a re-structuring, we may disclose your personal information to the prospective buyer. The recipient of the information will be bound by confidentiality obligations.

3.4 We may also share aggregated information (information about you that we combine together so that it no longer identifies or references an individual client) and other anonymized information for regulatory compliance, industry and market analysis, demographic profiling, and other business purposes.

PART X – SECURITY

5.1 We take reasonable steps to ensure that your personal information is treated confidentially and securely. Some of the safeguards we use to protect your personal information are firewalls, data encryption, and two-factor authentication. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted via the internet; any transmission is at your own risk.

PART VI – TRANSFERS OF INFORMATION OUTSIDE EEA

6.1 Your personal information may be transferred to or stored at a destination outside the European Economic Area (EEA) and Switzerland. These countries do not have the same data protection laws as the EEA and Switzerland. In such a case, we make use and rely on the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, European Commission-approved standard contractual data protection clauses, or other appropriate legal mechanisms to safeguard the transfer.

PART VII – THIRD PARTY PARTNERS

7.1 Our website may contain links to third party websites, plugins and applications (Third Party Partners) Clicking on those links or enabling those connections may allow these Third Party Partners to collect and process data about you. We do not control these Third Party Partners and are not responsible for their data protection compliance. It is your responsibility to review their privacy policies or notices.

PART VIII – YOUR RIGHTS

8.1 You may exercise any of the rights described below by contacting us:

  • DataAccessandPortability: You have the right to request for a copy of your personal information held by us. You also have the right to receive your personal information that you have provided to us in a structured, commonly used and machine-readable format and/or request us to transmit the information to another service provider (where technically feasible).
  • Rectification: You have the right to ask us to correct inaccurate or incomplete personal information concerning you.
  • Data Retention and Erasure: We generally retain your personal information for as long as is necessary for the performance of the contract between you and us, and to comply with our legal or regulatory obligations. If you no longer want us to use your personal information, you can request that we erase the same. Please note that if you request the erasure:
    • We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety.
    • We may retain and use your personal information to the extent necessary to comply with our legal or regulatory obligations. For example, we may keep some of your personal information for tax, legal reporting and auditing obligations.
    • Information you have shared with others (e.g., comments, reviews, forum postings) may continue to be publicly visible on our website or social media platforms. Additionally, some copies of your personal information (e.g., log records) may remain in our database and/or on databases of the persons described in Part III – Disclosure of Your Information.
    • Because we maintain our website to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.
  • Withdrawing Consent: Where you have provided your consent to the processing of your personal information by us you may contact us to withdraw your consent specifying which consent you are withdrawing. However, this will not apply to images and videos involving a group of individuals or materials already published online or offline. We cannot control already published material or recall them. Please note that we are entitled to continue to retain and process your personal information in the other circumstances described in para 8.1.
  • Objection to Processing: You have the right to require us not to process your personal information for certain specific purposes where such processing is for direct marketing and our own legitimate interest or in carrying out a task in the public interest or for an official authority. However, we can continue to process your personal information on legitimate interest or on the performance of a task in the public interest or exercise of official authority when we have compelling legitimate grounds that override your interests, rights and freedoms.
  • Restriction of Processing: When it’s unclear whether and when personal information will have to be deleted, you have the right to limit the ways in which we use your personal information, in particular when (i) you contest to the accuracy of your personal information; (ii) you don’t want your personal information to be erased; (iii) we no longer need your personal information for the purposes of the processing, but you require the information to establish, exercise or defend of a legal claim; or (iv) you have objected to the processing of your personal information and the decision on your objection to processing is pending.

8.2 Depending on the information requested, we will need to verify your identity before taking further action on your request and charge you a nominal fee. We will endeavour to provide the requested information within 1 month after receiving your request, verification and/or payment. We may refuse to comply with your request in circumstances as provided by the law. If we are not able to comply with your request, we will notify you of the reasons.

PART IX – CHILDREN

9.1 Our services are not directed to persons who are under age of 16. We do not knowingly collect personal information from them.

9.2 If we become aware that a child under 16 has provided us with personal information, we will take steps to delete the information. If you become aware that such a minor has provided us with personal information, please contact us immediately.

9.3  In general, we advise minors under the age of 18 to obtain parental consent before using our services.

PART X – CHANGES TO PRIVACY POLICY

10.1 We may, at time and at out discretion, modify this Privacy Policy. Any changes to this Privacy Policy will be posted on this page. We may notify you when we make any significant modification to this Privacy Policy that affects your rights.

PART XI – CONTACT US

11.1 If you have any questions or complaints relating to this Privacy Policy or would like to exercise your rights, you can contact us by using the contact information we provide on our Contact page. If remain unsatisfied, you may lodge a complaint with the Dutch Data Protection Authority.

Last update 24 March 2020