Month: August 2022

Our privacy policy was last updated on April 25th 2023.

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Introduction

This Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your information if You use Our Application Mood SMS. The Policy tells You about Your privacy rights and how the law protects You. 

We use Your data to provide and improve the Services. When installing, running, and using Mood SMS and Caller ID technology, You agree to the collection and use of information in accordance with this Privacy Policy. 

Mood SMS is not intended for or designed to attract anyone under the age of 18.

Interpretation and Definitions

Interpretation

Unless otherwise stated in the context, the following terms have the following meanings, and they shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

• “Business”, for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers’ personal information and determines the purposes and means of the processing of this information. The type of information collected determines the purposes and means of the processing, either on its own or in conjunction with other parties.
• “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to:
      Appvestor ApS
      DK37614904,
      Gladsaxevej 342, 2860 Soeborg
      Denmark
• “Country” refers to Denmark.
• “Device” means any device that can access the Service.
• “Data” is any information that relates to a User of any of Our Services.
• “Sale”, for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s personal information to another business or a third party for monetary or other valuable consideration.
• “Service” refers to Mood SMS and/or Caller ID technology.
• “Data Partner” means any natural or legal person to whom data is transferred making it possible for the Data Partner to – via Appvestor’s Services – provide advertising to the end-user (also defined as Business Partners in accordance with CCPA, see above).
• “Usage Data” refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself.
• “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Services, as applicable. You can be referred to as the Data Subject or as the User as You are the individual using the Service.

Data Collection and Processing

Types of Data Collected

Technical Information

While using Our Service We may ask You to provide Us with some necessary technical information. Technical information may include, but is not limited to: IP-address, Your country, Usage Data, device language, device internet speed, and device information number from Your device so that the Services can be provided to You. This collected information is required for Appvestor to verify that Your device is accurately registered.

Other data

Appvestor accesses and processes phone numbers of, and duration of, incoming and outgoing calls and contact lists with Your explicit consent, to be able to provide You with Our caller ID service. Appvestor also accesses and makes use of the Advertising Identifier (Advertiser ID) connected to the installed app and may access and use the documentation on Your consent within Your Google Account setting regarding personalized advertisements. Documentation on this consent only entails a unique ID, which is generated when You install the mobile application and make Your choice.

Furthermore, when You use Our Service, Our Data Partners may, only with Your explicit consent, collect certain device and location data (both approximate and precise location) to be able to offer a range of services that include, but are not limited to, a more customized ad experience, and improved app functionality and user experience through analytics. You can withdraw Your consent at any time.

Use of Your Data

Appvestor commits itself to the terms of the Google Play Developer Program Policies and reserves the right to use anonymous data for statistics and user support without restrictions regarding applicability in time.

Appvestor may use Your Data for the following purposes:

• To provide and maintain Our Service, including monitoring the usage of Our Service for the purpose of improving the technical functionalities.
• To contact You: To contact You through electronic communications, such as push notifications.
• To manage Your requests: To attend to, and manage a request from You on the deletion of the App and all Your personal data.

We may share Your Data in the following situations:

• With business partners (Data Partners): We may – with Your consent – share Your information with Our business partners. Our business partners may merge the collected data elements to offer You certain services when You click on ads delivered via Our Services in accordance with their stated purposes in their respective privacy policies.
• See our list of data partners below.

Retention of Your Data

Appvestor will process and retain anonymized Usage Data for analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Legal Basis for the Processing of Your Data

Appvestor processes personal data to pursue Our legitimate interest in managing Our business – including being able to handle contracts and purchases of various products and licenses for Our business and to improve, develop and market Our Services, and comply with Our legal obligations. The legal basis for Our processing is thus the following articles in the general data protection regulation:

• Article 6 (1), litra a, according to which personal data may be processed with express consent.
• Article 6 (1), litra b, according to which personal data may be processed if this is necessary to fulfill a contract.
• Article 6 (1), litra c, according to which personal data may be processed if this is necessary to comply with a legal obligation.
• Article 6 (1), litra f, according to which personal data may be processed if this is necessary to pursue a legitimate interest unless the interests of the data subject precede this.

Note: Because We process Your data partly on basis of Article 6 (1) litra f, (legitimate interests) You may in certain cases object to Our otherwise lawful processing of Your personal data if You find that Your interests in not having Your data processed exceeds Our legitimate interests in processing Your data, cf. article 21 in the general data protection regulation. See further below on Your rights under the data protection regulation.

Transfer of Your Data

Your Personal Data (the advertiser ID and unique ID regarding consent), may be processed in any place where Our Data Partners are located. It means that this information may be transferred to — and maintained on — servers located outside of Your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those of Your jurisdiction.

If Your data is transferred to a country outside the EU/EEA, and if the country in question has not been approved by the European Commission as providing adequate protection (See list of adequacy decisions here) Our data transfers will be based on Standard Contractual Clauses (SCC) also approved by the European Commission.

Furthermore, Appvestor will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

We have agreements with the following Data Partners. These third-party vendors collect, store, use, process, and transfer information about Your activity on Our Service in accordance with their own Privacy Policies. We are currently partnered with the following Data Partners who all act as independent Data Controllers to whom Your data will be transferred:

• AdMob (Google) Privacy Policy
• Facebook Audience Network Privacy Policy
• The Umlaut InsightCoreSDK Privacy Policy
• Tutela Privacy Policy
• Outlogic Privacy Policy
• Cell Rebel Privacy Policy
• Cuebiq Privacy Policy
• OpenSignal Privacy Policy
• AppLovin Privacy Policy
• Allociné Privacy Policy
• LaFourchette Privacy Policy
• SkiMap Privacy Policy
• SkiResort Privacy Policy
• TicketMaster Privacy Policy
• TheMovieDB (TMDB) Privacy Policy
• Yelp Privacy Policy
• Zomato Privacy Policy
• Pangle Privacy Policy

All of Our Service Providers reserve the right to use and merge the transferred information for statistics, customizing ads in apps and other advertising, and user support without restrictions regarding applicability in time and in accordance with their stated privacy policy.

We will therefore only transfer data with Your specific consent.

Other Disclosure of Your Data

Law Enforcement

Under certain circumstances, Appvestor may be required to disclose Your Data in accordance with law or in response to valid requests from public authorities (e.g. a court or a government agency). Appvestor may also disclose information associated with You, as well as contact information to third parties if required by law. Appvestor will comply with all applicable data protection provisions, including section 5 of the Danish Act on Personal Data.

Opt-Out from Data Collection and Inquiries

Users have the right to ask Appvestor not to continue the processing of Personal Data. Users can exercise their rights to prevent processing in the Application or by contacting Mood SMS at support@moodmessenger.com 

The Services may present and contain links to and from the websites of partners and affiliates. If You follow a link to any third-party websites, please note that these websites have their own privacy policies and that Appvestor does not accept any responsibility or liability for these policies. You may check such policies before submitting any personal data to such websites at Your own discretion.

Security of Your Data

The security of Your Data is important to Us. 

We have implemented the appropriate technical security measures to ensure data protection in all contexts, also taking into consideration the category of the Personal Data that We process. We have further ensured contractual-based instructions to Our Data Partners regarding necessary security measures to supplement the Standard Contractual Clauses approved by the European Commission.

Changes to the Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective from when they are posted on this page.

Contact Us

If You have any questions, requests, or comments about this Privacy Policy, You can contact Us by sending an e-mail to: support@moodmessenger.com 

For Users Within the European Economic Area (EEA)

Appvestor undertakes to respect the confidentiality of Your Data and to guarantee You can exercise Your rights.

You have the right under this Privacy Policy, and by law, if You are within the European Union (EU), to:

• Access Your Personal Data and update or delete the information We have on You. Please contact Us to assist You.
• Correct the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected.
• Object to the processing of Your Personal Data.. This right exists where We are relying on legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to Our processing of Your Personal Data on this ground. You also have the right to object to where We are processing Your Personal Data for direct marketing purposes.
• Erasure. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
• Request the transfer of Your Personal Data. We will provide to You, or to a third party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.
• Withdraw Your consent. You have the right to withdraw Your consent on using Your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.

You may exercise Your rights of access, rectification, cancellation, and opposition by contacting Us. Users can exercise their rights to prevent processing by contacting Appvestor at support@moodmessenger.com. Please note that We may ask You to verify Your identity before responding to such requests.

You have the right to complain to the Danish Data Protection Authority about Our collection and use of Your Personal Data. For more information You can contact Datatilsynet at: 

Carl Jacobsens Vej 35, DK 2500 Valby 

Telephone: + 45 33 19 32 00 

E-mail: dt@datatilsynet.dk 

For Users Within California (CCPA Area)

This privacy notice section for California residents supplements the information contained in Our Privacy Policy and it applies solely to all visitors, users, and others who reside in the State of California.

Categories of Personal Information Collected, Disclosed, or Sold

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device.

Please note that the categories and examples provided are those defined in the CCPA. Certain categories of personal information will only be collected if You provide such personal information directly to Us.

• Identifiers: A unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.
• Internet or other similar network activity: Interaction with Our Service or advertisement.
• Geolocation data: Approximate and precise physical location.

Appvestor only collects and makes use of the advertiser ID and the documentation on Your consent within Your Google account setting regarding personalized advertisements. Documentation on Your consent entails a unique ID, which is generated when You install the mobile application and make Your choice regarding advertisements. Appvestor cannot trace advertiser IDs or the unique ID related to a consent back to the identity of a specific user.

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from Your device when You install the App, or; 
• Indirectly via Your App-provider, if You have an application with Our Services integrated.

If We decide to collect additional categories of personal information or use the personal information We collected for materially different, unrelated, or incompatible purposes We will update this Privacy Policy.

Use of Personal Information

We may use or disclose personal information We collect for “business purposes” or “commercial purposes” (as defined under the CCPA). For more details on how We use this information, please refer to the “Use of Your Data” section. When We disclose personal information for a business purpose or a commercial purpose, We will enter into a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except for performing the contract.

Sale of Personal Information

As defined in the CCPA, “sell” and “sale” mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party for valuable consideration. This means that, for example, a sale can happen whenever an application runs ads or makes statistical analyses on the traffic or views.

Opt-Out of Sale of Personal Information

You have the right to opt out of the sale of Your personal information. Once We receive and confirm a verifiable consumer request from You, We will stop selling Your personal information. To exercise Your right to opt-out, please contact Us.

The Service Providers We partner with may use technology in the Service that sells personal information as defined by the CCPA law. If You wish to opt-out of the use of Your personal information for interest-based advertising purposes and these potential sales as defined under CCPA law, You may do so on Your mobile device.

Your Rights Under the CCPA

The CCPA provides California residents with specific rights regarding their personal information. If You are a resident of California, You have the following rights:

• The right to notice. You have the right to be notified of which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
• The right to request. Under CCPA, You have the right to request that We disclose information to You about Our collection, use, sale, disclosure for business purposes, and share of personal information. Once We receive and confirm Your request, We will disclose the information We have on You. 
• The right to say no to the sale of Personal Data (opt-out). You have the right to instruct Us to not sell Your personal information. To submit an opt-out request please contact Us.
• The right to delete Personal Data. You have the right to request the deletion of Your Personal Data, subject to certain exceptions. Once We receive and confirm Your request, We will delete (and instruct Our Service Providers to delete) Your personal information from Our records, unless an exception applies. We may deny Your deletion request if retaining the information is deemed necessary for Us or Our Service Providers.
• The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your consumer rights.

Children’s Privacy

Our Services do not address anyone under the age of 18.

Exercise Your CCPA Rights

In order to exercise any of Your rights under the CCPA, and if You are a California resident, You can contact Us at: support@moodmessenger.com 

Your request to Us must:

• Provide sufficient information that allows Us to reasonably verify You are the person about whom We collected personal information, or that You are an authorized representative.
• Describe Your request with sufficient detail that allows Us to properly understand, evaluate, and respond to it.

We cannot respond to Your request or provide You with the required information if We cannot:

• Verify Your identity or authority to make the request.
• Confirm that the personal information relates to You

For data portability requests, We will select a format to provide Your personal information that is readily usable and should allow You to transmit the information from one entity to another entity without hindrance.

If You have any questions regarding Our Privacy Policy, please contact us by email at: support@moodmessenger.com 

Preamble

This End User License Agreement (“Agreement“) governs your use of the Caller Identification Service (“Service“) owned and operated by Appvestor ApS, Danish company registration number DK37614904 business address: Gladsaxevej 342, 2860 Soeborg, Denmark (”Appvestor“, ”we“ or ”us“).

Service Description

Our Service provides you with free Caller Identification during phone calls and/or after you have made or received a phone call. As part of the Service we serve advertisements (“Advertisement“) on Caller Identification screens.

Our Service may be included in certain third-party applications (“Application“) that you have installed. You will be notified if an Application includes our Service, so that you can decide whether to use the service or not. You can at any time adjust your Caller Identification preferences and enable or disable the Service in the settings. You can access the settings from every Caller Identification screen.

By using the Service you expressly state that you fully accept the terms and conditions of this Agreement and any other terms and conditions which are incorporated herein by reference. If you do not fully accept the terms and conditions of this Agreement, you cannot use our Service.

License

Appvestor gives you the non-exclusive and not transferable right to access and to use the Service in connection with installing the Application.

You may only use the Service for your personal use. The access to the Service as well as the use of the Service will only be given on the basis and after the unconditional acceptance of the terms and conditions of this Agreement and any other terms and conditions which are incorporated herein by reference. Other rights regarding the Service on whatever legal basis are not granted.

You are not entitled (i) to use the Service for commercial purposes or (ii) to grant, transfer, sell, lend or make available in any manner any rights regarding the Service to third parties. Granting sublicenses is also not allowed. You are not entitled to store or install a copy of the Service.

Proprietary Rights

You herewith confirm that you are aware that Appvestor is the exclusive owner of the Service as well as of all and any rights connected thereto, especially property rights and copyrights.

Collection of Information

In order to provide you with the Service, we may access your mobile device and gather certain information. To see what information you share with Appvestor and how this information may be used by Appvestor, please see Appvestor’s Privacy Policy.

If you do not wish to use the Caller Identification Service, or if you do not want to receive Advertisements from Appvestor, or if you want to disable Appvestor’s access to your device, you can terminate the Service by disabling it in the settings of the Service at any time. You can access the settings from every Caller Identification screen.

Advertisement

The Advertising displayed on the Caller Identification screens complies with Google’s guidelines for content rating and reflects the maturity rating of the Application in which our Service is included. Appvestor excludes sensitive categories including but not limited to advertisements containing gambling or sexually explicit content, violence and bullying, or “hate speeches” via the Service. Appvestor does not have full control over advertisements and makes no representation or warranties of any kind regarding the content of the advertisements. Appvestor is not liable in any manner or any case for advertisements. Even in case of errors or by accident, Appvestor is not liable for advertisements even if regarding sensitive content.

Scope of Liability and Warranty, Indemnification

Appvestor shall not be liable for damage unless it was caused by Appvestor or its representatives with willful or gross negligence. Any liability for personal injuries shall remain unaffected thereby. Any liability for third-party damages, consequential damages, and loss of profits shall be excluded. Appvestor shall not be liable for the content of the data transmitted and the content of data that may be accessed via the Service.

Appvestor will also not be liable in any way for network-related problems.

Appvestor operates the Service with the utmost care, reliability, and availability. However, Appvestor does not warrant that the Service will be available without interruption, that the desired connections can be established at all times or that the information transmitted is always correct, accurate, and complete.

Appvestor makes no representation that the Service is available to you in any particular location. You are obliged to comply with all legal or contractual obligations and shall hold Appvestor harmless in this regard.

You agree to indemnify, hold harmless and defend Appvestor and all related persons, entities, agents, etc. from and against any action, claim, demand, dispute, or liability arising from or relating to any negligence or willful misconduct of you or related persons, entities, agents, etc., your breach of this agreement, any allegation that the application infringes a third party´s copyright or any intellectual property right or any misrepresentation of you.

You confirm, that you agree that Appvestor shall have the unrestricted right to participate in the defense in any of the above-mentioned cases through counsel of his own choice.

Should the restrictions of the warranty and liability of Appvestor be in breach of mandatory statutory provisions, all warranty and liability obligations shall, in terms of scope, be reduced to the statutorily admissible minimum extent.

Termination

You are entitled to terminate this Agreement at any time by disabling the Service in the settings. You can access the Service from every Caller Identification screen.

Appvestor is entitled to terminate your right of usage of the Service at any time without cause with or without advance notice.

The right of usage will automatically end if you violate or fail to comply with the terms and conditions of this Agreement.

Miscellaneous

Appvestor reserves the right to freely assign and transfer the rights and duties under these terms and conditions to any third party.

All amendments and supplements to the license terms shall be made in writing. The same shall apply to any deviation from this requirement of form.

Should any provisions of this agreement be or become ineffective, invalid, or unenforceable, this shall not affect the effectiveness, validity, or enforceability of the remaining provisions. In the case of ineffectiveness, invalidity, or unenforceability of any of these provisions, a provision which is neither ineffective nor invalid or unenforceable and which in its economic result comes closest to the provision to be replaced shall be agreed upon between the parties to this agreement.

The local city court of your local jurisdiction shall have jurisdiction regarding any disputes; applicability of your local law shall be deemed agreed and CISG and the conflict of laws rules of private international law shall be excluded.

Last updated: July 2022