Privacy policy

1.1Controller

The controller is moodboom sàrl, Sur Charmont 61, 1644 Avry-devant-Pont, Switzerland — info [at] moodboom.ch

1.2Services concerned

This Policy applies to the processing of personal data carried out in connection with:

• the moodboom Application;
• the moodboom website;
• the Free, Plus and Pro plans;
• Events, Lives and Memories;
• user support;
• contact forms;
• direct communications with moodboom.

1.3Our principles

moodboom applies in particular the following principles:

• to collect only the data useful for the operation of the Service or for a specified purpose;
• to explain their use transparently;
• to limit access to the data to those persons and providers who need it;
• to protect the data against unauthorised access;
• to enable Users to exercise their rights;
• not to sell personal data;
• not to display advertising in the Application and not to use Event recommendations as a form of advertising or disguised promotion.

2.1Account and profile

The creation of a moodboom Account is reserved for persons aged 16 or over.

When an Account is created and used, moodboom may in particular process:

• the username;
• the telephone number;
• the data necessary for authentication and for securing the Account;
• the profile picture, where one is added;
• the other optional profile information offered in the Application;
• the status and settings of the Account.

2.2Events and participation

When the User creates or joins an Event, moodboom may in particular process:

• the Events created;
• the Events joined;
• the name, image, place, date, time and other information associated with the Event;
• the information necessary for the operation of Links, QR Codes and Invitations;
• participation responses, in particular Yes, Maybe or No;
• the information necessary for access to the Live and to the Memory;
• the information relating to the User's role in the Event.

2.3Shared content

moodboom processes the content that Users choose to publish or share in the Service, in particular:

• photos;
• videos;
• comments;
• reactions;
• messages from the Host;
• other content offered by the features of the Application.

2.4Technical data

In order to operate and secure the Service, moodboom may in particular process:

• the IP address;
• the device type;
• the operating system;
• the version of the Application;
• the technical identifiers necessary for operation;
• connection information;
• technical logs;
• data relating to errors and malfunctions;
• the information necessary to prevent abuse;
• the technical information necessary for push notifications.

2.5Device permissions

Certain features may require access to functions of the phone, in particular:

• camera;
• photo or video library;
• notifications.

2.6Subscriptions and payments

When the User subscribes to a Plus or Pro plan, moodboom may in particular process:

• the plan subscribed to;
• the status of the subscription;
• its duration and renewal dates;
• the references necessary for the transaction;
• the information necessary for managing the subscription, billing or support.

2.7Support and contact

When a person contacts moodboom, in particular by means of the website or by e-mail, moodboom may process:

• their name or username;
• their e-mail address;
• the subject of the request;
• the content of the message;
• any attachments;
• the information necessary to handle the request.

3.1Creating and securing the Account

The Account data make it possible in particular:

• to create the User's profile;
• to authenticate them;
• to secure access to the Account;
• to retrieve the Events and content to which they have access;
• to manage their settings and their plan.

3.2Creating and joining Events

The data are used in order to enable:

• the creation of an Event;
• the generation and sharing of a Link or a QR Code;
• the sending or operation of an Invitation;
• access by Participants;
• the management of participation responses;
• the display of the information relating to the Event.

3.3Providing the Live

The data and user Content are processed in order to enable in particular:

• the publication of photos and videos;
• comments;
• reactions;
• interactions between Participants;
• communications from the Host;
• the display of content to authorised Users.

3.4Enabling the download of the Album

Where the User's plan gives access to this feature, moodboom processes the photos and videos included in a Memory in order to enable the download of the corresponding complete Album.

This feature is reserved for Users holding a paid Account, according to the characteristics of the applicable plan.

The downloaded Album may include photos and videos published by different Participants during the Event.

Once the Album has been downloaded onto a User's device, that copy is no longer stored or controlled by moodboom.

moodboom therefore cannot remotely delete an Album or the content it contains after it has been downloaded onto a User's device.

3.5Creating and retaining Memories

The content linked to an Event is processed in order to create the corresponding Memory and make it accessible.

The Memory is a collective space linked to the Event. It is not attached to any particular Account or User.

This may require in particular:

• the storage of the content;
• its organisation;
• its technical processing;
• its adaptation or conversion;
• its integration into the Memory;
• the creation of the Album;
• its presentation to authorised Participants;
• the download of the complete Album by Users whose plan allows it.

3.6Managing the Free, Plus and Pro plans

moodboom processes the information necessary:

• to identify the applicable plan;
• to activate the corresponding features;
• to manage subscriptions;
• for renewal or termination;
• to archive or reactivate certain items where a change of plan requires it.

3.7Sending notifications

Where notifications are authorised, moodboom may send information relating in particular:

• to Events;
• to Invitations;
• to interactions;
• to communications from the Host;
• to important information concerning the Account;
• to the operation or security of the Service.

3.8Providing support

The data may be used in order:

• to respond to requests;
• to resolve technical problems;
• to handle reports;
• to handle requests relating to the rights of data subjects.

3.9Protecting the Service and its Users

Certain technical data may be used in order:

• to detect abnormal behaviour;
• to prevent abuse and fraud;
• to protect Accounts;
• to diagnose malfunctions;
• to protect the technical infrastructure;
• to handle security incidents.

3.10Measuring and improving the Service

moodboom uses various analytics, measurement and diagnostic tools in order to understand the use of the Service, detect problems and improve the Application.

The tools actually used may change over time. They may in particular make it possible to:

• measure the use of features;
• analyse journeys within the Application;
• identify the most used features;
• detect errors and malfunctions;
• analyse technical performance;
• improve usability and features;
• guide the development of the Service.

4.1Swiss law

moodboom processes the data in accordance in particular with the principles of:

• lawfulness;
• good faith;
• transparency;
• proportionality;
• purpose limitation;
• accuracy;
• security.

4.2Where the GDPR applies

Where the GDPR applies, the processing operations may in particular be based, depending on the circumstances, on:

• the performance of the Service requested by the User;
• the taking of pre-contractual steps;
• compliance with a legal obligation;
• the legitimate interests of moodboom or of third parties, in particular as regards the operation and security of the Service;
• consent, where this is necessary.

5.1Other Participants

The operation of moodboom entails that certain information is visible to the persons authorised to access the same Event.

Depending on the features used, this may in particular concern:

• the username;
• the profile picture;
• the participation response;
• the photos and videos published;
• comments;
• reactions;
• the other information voluntarily shared in the Event.

5.2Technical providers and partners

moodboom may call upon technical providers and partners necessary for the operation, securing, development and running of the Service.

These providers may in particular act in the following areas:

• hosting and storage;
• IT infrastructure;
• authentication or verification of the telephone number;
• notifications;
• payment processing;
• distribution of the Application;
• analytics and audience measurement;
• diagnostics and error detection;
• support;
• communication.

5.3Distribution platforms and payment providers

Where a subscription or a payment is made through a third party, in particular an app distribution platform or a payment provider, certain information is processed directly by that third party.

Its own terms and privacy policies may then also apply.

5.4Authorities

moodboom may disclose certain data where this is required by:

• the law;
• a competent authority;
• an enforceable decision.

5.5Transfers of data abroad

moodboom gives preference, where possible, to infrastructure and providers located in Switzerland or in countries offering an adequate level of data protection.

Certain international providers, in particular services supplied by Google or by other technology infrastructure providers, nevertheless have infrastructure distributed across several countries.

Data may therefore be processed in particular:

• in Switzerland;
• in the European Economic Area;
• in the United States;
• or in other countries in which the providers concerned operate their infrastructure or supply their services.

6.1No sale of personal data

moodboom does not sell the personal data of its Users.

The information collected in order to provide the Service is not sold to advertisers, data brokers or other third parties for independent commercial purposes.

6.2No advertising

moodboom does not display advertising in the Application.

moodboom does not sell advertising space enabling third parties to target its Users and does not turn their personal data into advertising profiles.

6.3No advertising recommendations of Events

moodboom does not recommend Events to Users for advertising or promotional purposes and does not use Event recommendations as a form of disguised advertising.

Invitations to Events result from the event features of the Service and from actions carried out in connection with Events; they do not constitute a system of commercial recommendations operated by moodboom.

6.4A model based on the Service

The Free, Plus and Pro model funds the operation and development of moodboom without making advertising or the sale of personal data the business model of the Service.

7.1General principle

moodboom retains the data for as long as they are necessary for the purposes described in this Policy and for the operation of the Service, subject to legal obligations or to the need to protect rights.

7.2Account data

The data necessary for the operation of the active Account are retained for as long as it exists.

When the User deletes their Account:

• the Account is deleted;
• their access rights are deleted;
• their personal settings are deleted;
• the data necessary for the operation of their active Account cease to be used for that purpose.

7.3Memories, Albums and user Content

Memories and Albums constitute the collective history of an Event.

They are not attached to an individual Account and their retention does not depend on the continued existence of any particular Participant's Account.

They are retained with no fixed automatic expiry period, including where a Participant subsequently deletes their Account.

The information incorporated into the Memory is fixed in order to preserve the historical consistency of the Event. It may in particular include:

• the Participant's username as it appeared at the time of the Event;
• their profile picture;
• their photos and videos;
• their comments;
• their reactions.

7.4Change of plan

Moving to a plan with fewer features does not result in the deletion of the data or content concerned.

Items that are no longer accessible under the new plan may be placed in archive and become temporarily inaccessible.

They may be made accessible again if the User subsequently subscribes to a corresponding plan.

Collective Memories and Albums are not deleted following a downgrade.

The right to download an Album, by contrast, depends on the plan held by the User at the time of the download.

7.5Deletion of an Account and shared content

The deletion of an Account deletes the access rights, settings and data necessary for the operation of the active Account.

It does not automatically delete the items already incorporated into the collective Memories and Albums.

In order to preserve the history of the Event, the information already incorporated into the Memory is fixed as it existed at the time of the deletion of the Account.

The username, profile picture, photos, videos, comments and reactions that form part of the Memory may thus remain visible in it after the deletion of the Account.

They are then no longer associated with an active Account allowing access to moodboom or the modification of the former User's settings.

A person retains the possibility of contacting moodboom concerning specific content and of exercising the rights afforded to them by the applicable law.

7.6Albums downloaded by other Users

The deletion of content in moodboom or the deletion of its author's Account does not delete the Albums that have already been downloaded onto the devices of other Users.

Those copies are no longer under the technical control of moodboom.

A User who keeps or uses a downloaded Album remains responsible for complying with the rights of the author, of the persons depicted and with the rules set out in the Terms.

7.7Support

The data relating to requests sent to support are retained for as long as is necessary in order to:

• handle and resolve the request;
• ensure its follow-up;
• understand recurring problems;
• ensure the security of the Service;
• establish, exercise or defend rights.

7.8Subscriptions, transactions and accounting

The data necessary for compliance with accounting, tax or legal obligations are retained for the periods imposed by the applicable law.

7.9Technical logs and security data

Technical logs, diagnostic data and security information are retained for the period necessary for the purposes for which they are processed, in particular:

• to ensure the operation of the Service;
• to detect and analyse errors;
• to prevent abuse and fraud;
• to protect Accounts and the infrastructure;
• to analyse and handle security incidents.

9.1Access

A person may ask whether moodboom processes personal data concerning them and obtain the information to which they are entitled.

9.2Rectification

A person may request the correction of inaccurate personal data concerning them.

Certain data may also be modified directly in the Application.

9.3Erasure

A person may request the deletion of personal data where the conditions laid down by the applicable law are met.

This right is not absolute. Certain data may in particular have to be retained:

• in order to comply with a legal obligation;
• in order to protect or defend rights;
• where they legitimately form part of a collective context involving other persons.

9.4Restriction and objection

Where the applicable law so provides, a person may request the restriction of certain processing operations or object to them.

9.5Portability or release of data

Where the legal conditions are met, a person may request the release of certain personal data in a commonly used electronic format or their transmission to another controller.

9.6Withdrawal of consent

Where processing is based on consent, that consent may be withdrawn for the future.

9.7Complaint

A person may also contact the authority competent for data protection.

In Switzerland, the competent federal authority is the Federal Data Protection and Information Commissioner (FDPIC).

9.8Exercising a right

Requests may be sent to info [at] moodboom.ch.

moodboom may request the information reasonably necessary to verify the identity of the person and to avoid disclosing or deleting data at the request of an unauthorised person.

10.1Website

The moodboom website may use technologies strictly necessary for its operation, in particular in order:

• to ensure its security;
• to enable the technical functioning of the pages;
• to store certain necessary preferences;
• to enable the use of the forms.

10.2Audience measurement, analytics and website preferences

moodboom uses various analytics and measurement tools in order to understand the use of the website and to improve how it works.

The tools used may change over time and may in particular make it possible to measure:

• the number of visits;
• the pages viewed;
• navigation journeys;
• the performance of the website;
• interactions with certain features;
• the technical information necessary to analyse how the site works.

10.3Contact form

Where a visitor uses the contact form, the information provided is used to handle their request.

It is not used for advertising purposes unrelated to that request without an appropriate basis.

10.4Mobile application

A mobile application does not necessarily use the same technologies as a website.

moodboom may in particular use in the Application:

• local storage necessary for operation;
• technical identifiers;
• authentication mechanisms;
• notification tokens;
• diagnostic tools;
• analytics tools and tools for measuring how the Service works.

10.5Notifications

The sending of push notifications depends in particular on the technical services offered by the phone's operating system.

The User can generally disable notifications in the settings of their phone and, where this possibility is offered, in the moodboom settings.

11.1Changes

moodboom may update this Policy in order in particular to take account of:

• a change in the Service;
• a change in the processing operations;
• a change of provider;
• a technical development;
• an amendment of the applicable law.

11.2Data protection contact

For any question concerning data protection or to exercise a right: moodboom sàrl, Sur Charmont 61, 1644 Avry-devant-Pont, Switzerland — info [at] moodboom.ch