I. Legal Agreement

This Privacy Policy (“Privacy Policy”) describes our privacy practices for the MoodPlans Inc. Platform (the “Platform” and/or the “Site”). MoodPlans Inc. (“MoodPlans”) is a business with its offices at 8th the Green Street, Ste 19508, Dover, Delaware, 19901, United States of America, and the Platform is the Internet website, applications, and other interactive services that are offered by MoodPlans for use on mobile devices, tablets, personal computers, and any other devices that connect to the Internet. By accessing the Site, you (“You”) are consenting to this Privacy Policy. This Privacy Policy describes what information MoodPlans, our successors, assigns, subsidiaries, and affiliates (collectively “We”, “Us”, “MoodPlans”) collects from users; how such information is used and stored; when such information may be disclosed to third parties; how users can control the use and disclosure of collected information; and how information is protected.

II. Interpretation and Definitions

Interpretation. The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear singular or plural.
Definitions. For this Privacy Policy:

"Account" means a unique account created for You to access our Site.
"Cookies" are small files that are placed on your computer, mobile device or any other device by a website, containing the details of your browsing history on that website among its many uses.
"Device" means any device that can access the Site such as a computer, a cell phone or a digital tablet.
"Personal Data" is any information that relates to an identified or identifiable individual.
"Service Provider" means any natural or legal person who processes the data on behalf of MoodPlans. It refers to third-party companies or individuals hired by MoodPlans to facilitate the Service, to provide the Service on behalf of MoodPlans, to perform services related to the Service or to assist MoodPlans in analyzing how the Service is used.
"Site", “Service”, “Platform” or “our services” refers to all the services and functionalities available on https://www.moodplans.com and any pages thereof, mobile app (if any) and any other software, tools or features provided by MoodPlans.
"Usage Data" refers to data collected automatically, either generated by the use of our services or from the Site infrastructure itself (for example, the duration of a page visit).
"User", “users”, “visitor” or “You” means the individual accessing or using the Site, or the company, or other legal entity on behalf of which such individual is accessing or using the Site, as applicable.
"We", “Us” or “MoodPlans” (referred to as either "MoodPlans", "We", "Us" or "Our" in this Agreement) refers to MoodPlans Inc.

III. Collecting and Using Your Personal Data

1. Types of Data Collected

A. Personal Data

While using our service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to:

Email address
First name and last name
Phone number
Address, State, Province, ZIP/Postal code, City
Date of birth, place of birth, gender,
Verification information, which includes information necessary to verify your identity such as a passport, driver’s license or government-issued identity card, social security number or tax identification number
A photograph, video, or audio file that contains your image or voice
Other personal information or commercial and/or identification information. Any type of information we, in our sole discretion, deem necessary to comply with our legal obligations under various laws.
Usage Data

B. Usage Data

Usage Data is collected automatically when using the Service. Usage Data may include information such as your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access the Service by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device.

C. Tracking Technologies and Cookies

We may use Cookies and similar tracking technologies to track the activity on our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service. The technologies we use may include:

Cookies or Browser Cookies. A cookie is a small file placed on your Device. You can instruct your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if you do not accept Cookies, you may not be able to use some parts of our Service. Unless you have adjusted your browser setting so that it will refuse Cookies, our Service may use Cookies.
Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit MoodPlans, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on your personal computer or mobile device when you go offline, while Session Cookies are deleted as soon as you close your web browser.

We may use both Session and Persistent Cookies for the purposes set out below:

Necessary / Essential Cookies Type: Session Cookies Purpose: These Cookies are essential to provide you with services available through the Site and to enable you to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that you have asked for cannot be provided, and we only use these Cookies to provide you with those services.
Cookies Policy / Notice Acceptance Cookies Type: Persistent Cookies Purpose: These Cookies identify if users have accepted the use of cookies on the Site.
Functionality Cookies Type: Persistent Cookies Purpose: These Cookies allow us to remember choices you make when you use the Site, such as remembering your login details or language preference. The purpose of these Cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you use the Site.
Tracking and Performance Cookies Type: Persistent Cookies Purpose: These Cookies are used to track information about traffic to the Site and how users use the Site. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Site. We may also use these Cookies to test new pages, features or new functionality of the Site to see how our users react to them.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy.

IV. Use of Your Personal Data

MoodPlans may use Personal Data for the following purposes:

Providing the functionality of the Site and fulfilling your requests. We process personal data in order to provide our services and products, as well as information regarding our products and services based on the relationship with our users (i.e., so as to perform our obligations), to provide users with related customer service, to respond to your inquiries and fulfill your requests, such as to send you documents you request or email alerts, to send you important information regarding our relationship with you or regarding the Site, changes to our terms, conditions, and policies and/or other administrative information. We will engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation. In addition, the processing of personal data takes place to enable the completion of our user on-boarding process. We may verify your identity to open the user account, and we will use your personal data to effectively manage your use of the Site with us.
Compliance with a legal obligation. There are a number of legal obligations which may ultimately be imposed by relevant laws to which we are subject, as well as specific statutory requirements e.g., anti-money laundering laws, financial services laws, corporation laws, privacy laws and tax laws. There are also various supervisory authorities whose laws and regulations may apply to us. Such obligations and requirements imposed on us necessary personal data processing activities for identity verification, payment processing when appropriate, compliance with court orders, tax laws or other reporting obligations and controls. These obligations apply at various times, including user on-boarding, payments and systemic checks for risk management.
For the purpose of safeguarding legitimate interests. We process personal data to safeguard the legitimate interests pursued by us or by a third party. A legitimate interest is when we have a business or commercial reason to use your information. Example of such processing activities include (but are not limited to) the following:
- Undertaking means and processes to provide for MoodPlan’s IT and system security, preventing potential crime, asset security and access controls;
- Performing audits, to verify that our internal processes function as intended and we are compliant with legal, regulatory, or contractual requirements;
- Developing and adopting measures for managing the business and for further developing products and services; and
- Risk management.
- Initiating legal claims and preparing our defense in litigation procedures.
To provide you with products and services, or information about our products and services, and to review your ongoing needs. We must use your personal information to perform our services and comply with our obligations to you. It is also in our legitimate interests to try to ensure that we are providing the best products and services so we may periodically review your needs based on our assessment of your personal information to ensure that you are getting the benefit of the best possible products and services from us.
To help us improve our products and services, including support services, and develop and market new products and services. We may, from time-to-time, use personal information provided by you through your use of our services and/or through user surveys to help us improve our products and services. It is in our legitimate interests to use your personal information in this way to try to ensure the highest standards when providing you with our products and services and to continue to be a market leader within our industry.
To investigate or settle enquiries or disputes. We may need to use personal information collected from you to investigate issues or to settle disputes with you because it is our legitimate interest to ensure that issues and disputes get investigated and resolved in a timely and efficient manner.
To comply with applicable laws, subpoenas, court orders, other judicial processes, or the requirements of any applicable regulatory authorities. We may need to use your personal information to comply with any applicable laws and regulations, subpoenas, court orders or other judicial processes, or requirements of any applicable regulatory authority. We do this not only to comply with our legal obligations but because it may also be in our legitimate interest to do so.
To send you surveys. Occasionally, we may send you surveys as part of our user feedback process. It is in our legitimate interest to ask for such feedback to try to ensure that we provide our products and services at the highest standard. However, we may from time to time also ask you to participate in other surveys and if you agree to participate in such surveys, we rely on your consent to use the personal information we collect as part of such surveys. All responses to any survey we send out whether for user feedback or otherwise will be aggregated and depersonalized before the results are published and shared.
Data analysis. Our Site and emails may contain web beacons or pixel tags or any other similar types of data analysis tools that allow us to track receipt of correspondence and count the number of users that have visited our webpage or opened our correspondence. We may aggregate your personal information with the personal information of our other users on an anonymous basis (that is, with your personal identifiers removed), so that more rigorous statistical analysis of general patterns may lead us to providing better products and services. If your personal information is completely anonymized, we do not require a legal basis as the information will no longer constitute personal information. If your personal information is not in an anonymized form, it is in our legitimate interest to continually evaluate that personal information to ensure that the products and services we provide are relevant to the market.
Marketing purposes. We may use your personal information to send you marketing communications by email or other agreed forms (including social media campaigns), to ensure you are always kept up-to-date with our latest products and services. If we send you marketing communications we will do so based on your consent and registered marketing preferences.
Internal business purposes and record keeping. We may need to process your personal information for internal business and research purposes as well as for record keeping purposes. Such processing is in our own legitimate interests and is required in order to comply with our legal obligations. This may include any communications that we have with you about the products and services we provide to you and our relationship with you. We will also keep records to ensure that you comply with your contractual obligations pursuant to the Terms and Conditions governing our relationship with you and other Site policies, guidelines, and procedures.
Notifications. Often the law requires us to advise you of certain changes to products or services or laws. We may need to inform you of changes to the Terms and Conditions, any other Site policies, guidelines, and procedures. or the features of our products or services. We need to process your personal information to send you these notifications. You will continue to receive this information from us even if you choose not to receive direct marketing information from us.
To contact You. To contact you by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

We may share Your personal information in the following situations:

MoodPlans will not disclose any of its users’ personal information to a third party, except: (a) to the extent that it is required to do so pursuant to any applicable laws, rules or regulations; (b) if there is a duty to disclose; (c) if our legitimate business interests require disclosure; (d) in line with our Terms and Conditions; (e) at your request or with your consent or to those described in this Privacy Policy. MoodPlans will endeavor to make such disclosures on a “need-to-know” basis, unless otherwise instructed by a regulatory authority. Under such circumstances, MoodPlans will notify the third party regarding the confidential nature of any such information.

As part of using your personal information for the purposes set out above, MoodPlans may disclose your personal information to the following:

With Service Providers: We may share your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, to contact you.
For business transfers: We may share or transfer your personal information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
With Affiliates: We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any other subsidiaries, joint venture partners or other companies that we control or that are under common control with Us.
With business partners: We may share your information with our business partners to offer you certain products, services or promotions.
With other users: when you share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
With Your consent: We may disclose your personal information for any other purpose with your consent.
Law enforcement. Under certain circumstances, MoodPlans may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements. MoodPlans may disclose your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability

V. Retention of Your Personal Data. MoodPlans will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

MoodPlans will also retain Usage Data for internal 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 periods.

VI. Transfer of Your Personal Data. Your information, including Personal Data, is processed at MoodPlan’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

VII. Security of Your Personal Data. The security of your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

The Service Providers we use may have access to your Personal Data. These third-party vendors collect, store, use, process and transfer information about your activity on our Service in accordance with their Privacy Policies.

VIII. Analytics

We may use third-party Service providers to monitor, analyze, and facilitate the use of our Service.

Stripe
Amazon Web Services
Google Suite.

IX. Your rights regarding Your Personal Information

The rights that are available to you in relation to the personal information we hold about you are outlined below.

Information Access. If you ask us, we will confirm whether we are processing your personal information and, if so, what information we process and, if requested, provide you with a copy of that information within 30 days from the date of your request.
Rectification. It is important to us that your personal information is up to date. We will take all reasonable steps to make sure that your personal information remains accurate, complete and up-to-date. If the personal information we hold about you is inaccurate or incomplete, you are entitled to have it rectified. If we have disclosed your personal information to others, we will let them know about the rectification where possible. If you ask us, if possible and lawful to do so, we will also inform you with whom we have shared your personal information so that you can contact them directly. You may inform us at any time that your personal details have changed by emailing us at the email address indicated below. MoodPlans will change your personal information in accordance with your instructions. To proceed with such requests, in some cases we may need supporting documents from you as proof, i.e., personal information that we are required to keep for regulatory or other legal purposes.
Erasure. You can ask us to delete or remove your personal information in certain circumstances such as if we no longer need it, provided that we have no legal obligation to retain that data. Such requests will be subject to the contract that you have with us, and to any retention limits we are required to comply with in accordance with applicable laws and regulations. If we have disclosed your personal information to others, we will let them know about the erasure request where possible. If you ask us, if possible and lawful to do so, we will also inform you with whom we have shared your personal information so that you can contact them directly. Erasure is subject to the limitations set forth in the Terms and Conditions and any other Site policies, guidelines, and procedures.
Processing restrictions. You can ask us to block or suppress the processing of your personal information in certain circumstances such as if you contest the accuracy of that personal information or object to us processing it. It will not stop us from storing your personal information. We will inform you before we decide not to agree with any requested restriction. If we have disclosed your personal information to others, we will let them know about the restriction of processing if possible. If you ask us, if possible and lawful to do so, we will also inform you with whom we have shared your personal information so that you can contact them directly.
Data portability. In certain circumstances you might have the right to obtain personal information you have provided us with (in a structured, commonly used and machine readable format) and to re-use it elsewhere or ask us to transfer this to a third party of your choice.

X. Links to Other Websites. Our Service may contain links to other websites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

XI. Choices and Access.

We give you choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt out from:

Receiving marketing communications from us: If you no longer want to receive marketing communications from us on a going-forward basis, you may opt out of receiving them by contacting us at the email address indicated in the section “Contact Information” below. In your request to us, please provide your name, identify the form(s) of marketing communications that you no longer wish to receive, and include the address(es) to which it/they are sent. For example, if you no longer wish to receive marketing emails or direct mail from us, tell us that, and provide your name and email or postal address.
Receiving reminders from us: If you no longer want to receive reminders from us on a going-forward basis, you may opt out of receiving them by contacting us at the email address indicated in the section “Contact Information” below. In your request to us, please provide your name and the email address or phone number at which you receive reminders from us.
Our sharing of your personal information with affiliates and third-party partners: If you previously opted-in to receiving marketing communications from our affiliates or third-party partners, you may opt out of our sharing of your personal information with those parties for their direct marketing purposes on a going-forward basis by contacting us at the email address indicated in the section “Contact Information” below. In your request to us, please state that we should no longer share your personal information with our affiliates and/or third party partners for their marketing purposes, and include your name and email address.

We will seek to comply with your request(s) as soon as reasonably practicable. Please note that if you opt out as described above, we will not be able to remove your personal information from the databases of our afﬁliates with which we have already shared your information (i.e., as of the date that we implement your opt-out request). Please also note that if you opt out of receiving marketing-related messages from us, we may still send you important transactional and administrative messages, from which you cannot opt out.

If you would like to review, correct, update, restrict, or delete your personal information, or if you would like to request to receive an electronic copy of your personal information for purposes of transmitting it to another company (to the extent these rights are provided to you by applicable law), please contact us the email address indicated in the section “Contact Information” below. We will respond to your request as soon as reasonably practicable and no later than one month after receipt. If circumstances cause any delay in our response, you will be promptly notiﬁed and provided a date for our response.

XII. Changes to this 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. We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

XIII. Contact Us. If you have any questions about this Privacy Policy, You can contact us by sending us an email to: contact@moodplans.com