Here are the Terms and Conditions & Privacy Policy

Terms and Conditions

Mash in Music Pty Ltd Terms and Conditions of Use

This Terms of Service (the "Agreement") between you and Mash in Music Pty Ltd trading as Mash Music Remote ("Mash") regarding your use of the Mash services and associated software ("Services"). All users (paid and free) must agree to this Agreement before using the Services. If you do not agree to this Agreement, please click the "Cancel"/"Back" button and do not use the Services.

BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

YOU MAY NOT ACCESS THE SERVICES OR ACCEPT THIS AGREEMENT IF YOU ARE A DIRECT COMPETITOR OF MASH. ADDITIONALLY, YOU MAY NOT ACCESS THE SERVICES FOR PURPOSES OF MONITORING THEIR AVAILABILITY, PERFORMANCE, OR FUNCTIONALITY, OR FOR ANY OTHER BENCHMARKING OR COMPETITIVE PURPOSES.

If you are under 18, or if you are considered a minor in your state or country, you must obtain the consent of your parent or legal guardian to register for the Services.

1.     Requirements for Use

To access the Services, you will need your own mobile device (iOS or Android) and high-speed internet access.

2.     Registration

To register, you will need a user name, email address, password and / or Facebook account (the "Registration Information"). You are responsible for maintaining the confidentiality and security of your Registration Information and for any and all activity that occurs under your account. You agree to notify Mash of any unauthorised use or breach of your account.

To subscribe, you will need to enter your credit card details. You are responsible for maintaining the confidentiality and security of your credit card Information and for any and all activity that occurs under your subscription account. You agree to notify Mash of any unauthorised use or breach of your subscription account.

3.     Data, Information and Privacy

You agree that Mash may collect, use, process, store and trade information about you or your use of the Services, including the transfer of such information outside of Australia (including the United States and/or European Economic Area as well as outside other countries deemed to have adequate data protection laws). You acknowledge that Mash acts only as a passive conduit of such information, and that Mash will not monitor or disclose personal information, except as needed to provide the Service or as otherwise required by law.

In addition, information that you submit to Mash in connection with the Services will be handled in accordance with our privacy statement located at: http://www.mashmusic.com.au/privacy-policy.

Mash may use and commercialise data collected by Mash, including usage and consumption data and technical or diagnostic information, your suggestions or feedback, to maintain, improve and enhance the Services and to generate revenue. However, none of this information would include any personal information, including email addresses or other contact information, or anything that could be used to identify you individually, either online or in real life. Additionally, none of this information would include your credit card information.

4.     Your Responsibilities as a Mash User; License to Your Content

You are responsible for the content of all visual, written or audible communications, files, documents, videos, recordings, and any other material ("Content") used in connection with your account. Mash will not be liable to you or any others for any loss or damages due to your use of the Services or your Services website. You agree to indemnify, defend and hold harmless Mash from any and all third party claims, liability, damages and/or costs (including, but not limited to, lawyers' fees) arising from your violation of this Section 4.

You agree not to upload, post, email, store, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise deemed objectionable by Mash or its affiliates.

You agree not to upload, post, email, store, transmit, or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid schemes," "affiliate links," or any other form of solicitation.

You agree not to upload, post, email, store, transmit, or otherwise make available any Content that violates copyright, trademark or other laws protecting intellectual property, or that violates an individual's publicity or privacy rights.

You agree not to upload, download, transmit, store, or otherwise make available any code or material that harms or interferes with any device, software, network or service.

You agree not to violate any laws or regulations in your state or country (including but not limited to laws governing intellectual property rights, online conduct or online content).

You agree that you have all the rights, licenses, and permissions from third parties to use, reproduce, publish, and display Content belonging to others.

Mash has no control over, and is not responsible for, the privacy of any Content that you have shared with others so always use caution when giving out any personally identifiable or sensitive information.

You automatically grant Mash and its affiliates, contractors, resellers and partners, a world-wide, royalty-free, sublicensable license to use, modify, publicly perform, publicly display, reproduce and distribute the Content in order for Mash to provide you the Services. If you object to any Content on a Services website, your sole remedy is to cease using that website.

You will not use the Mash Services in a manner that violates privacy, copyright, intellectual property laws and any other relevant laws within the jurisdiction you access the Mash Services.

You agree to be bound by the Youtube terms of service https://www.youtube.com/t/terms

You agree to be bound by the Dropbox terms of service https://www.dropbox.com/dmca - terms

You agree to be bound by the Soundcloud terms of service https://pages.soundcloud.com/geo/au_nz/legal/terms-of-use.html

5.     Software

You will be required to download and install Mash software ("Software"). In that event, Mash agrees to provide you with a limited, personal, non-exclusive, non-transferable, non-sub-licensable license to use the Software in accordance to the terms of this Agreement. You may not use the Software for anything other than as intended by Mash in connection with your use of the Services. You may not use the Software with any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by copyright laws. All rights not expressly granted by Mash are hereby reserved. You agree not to take any action to interfere with Mash or its supplier's ownership of or rights in the Software. You agree that, unless otherwise permitted in this license or by law, you will not: (i) reproduce, republish, display, frame, download, distribute, or transmit the Software; (ii) to the extent permitted under applicable law redistribute, encumber, sell, rent, lease, loan, sublicense, assign, or otherwise transfer rights to the Software; (iii) modify or create any derivative works based on the Software, including customisation, translation, or localisation; (iv) copy, reproduce, reuse in another product or service, modify, alter, or display in any manner any software or files, or parts thereof, included as part of the Software; (v) except to the extent expressly permitted by law, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the Software, or in any way ascertain, decipher, or obtain the communications protocols for accessing the Software, or the underlying ideas or algorithms of the Software; (vi) create or use any software other than as authorised by Mash to access the Software; (vii) attempt to gain unauthorised access to the Software or to any account, application, platform, computer system or network associated with the Software; (viii) use the Software in any way that violates this Agreement, or any other agreements between you and Mash or its affiliates including API Principals, or any law; and (ix) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Software or associated with the Services.

6.     Availability of the Service

The Services may not be available in all countries and it may not be available for use in any particular location. You are responsible for following the laws in your state or country. Mash may make modifications to its features or any services to comply with laws and regulations. Mash owns all the proprietary rights and interests in the Services and Services websites.

7.     Suspension or Termination of Your Account

You agree that Mash may suspend or terminate your access to the Services without notice if: (a) Mash determines that you have violated this Agreement or (b) Mash is required to do so by any court or government authority in any country.

Mash may, upon such termination, deactivate or delete your account and any related data, information, and files, and bar any further access to such data, information, and files. Such action may include, among other things, accessing your Content or data and/or discontinuing your use of the Services without refund or compensation. Mash will issue a refund when appropriate.

You agree that Mash has no obligation to monitor your use of the Services but has the right to do so to ensure your compliance with this Agreement, or to comply with any law, order, or requirement of any court or government authority in any country.

You agree to comply with the following sections of this Agreement even after you are no longer using the Services: Sections 3, 4, 5, 7, 10 (as to amounts due and owing), 11, 13, 14 and 17.

8.     Changes to Services and Prices

Mash may discontinue the Service or change the Service or price (including adding and deleting features) without notice.

9.     Beta Services

Mash may make available a "beta" version the Services ("Beta Services") for evaluation and feedback. Beta Services are Services that are in an early development stage and not available as standard product offerings. You are not obligated to use Beta Services, but if you elect to do so, you agree to the following additional terms: (a) Beta Services may contain bugs, errors and other problems and is provided to you "AS IS"; (b) Mash makes no warranties and disclaims all liability with respect to the Beta Services; and (c) you agree to respond to Mash's questions and inquiries regarding your use of the Beta Services. You agree that Mash has not made any promises or guarantees that Beta Services will be announced or made available in the future and that Mash has no obligation to announce or introduce the Beta Services. If you provide feedback regarding the Beta Services, you agree that Mash may use and incorporate into Mash products and services any suggestions, ideas, recommendations, bug reports, or other feedback that you provide to Mash without compensation. Mash may suspend or terminate access to Beta Services (and delete any Content or data provided to Mash with respect to such Beta Service(s)) at any time, without notice and without compensation.

10.  Payment

You agree that Mash may charge your credit card or bill you for all amounts due and owing for your use of the Services. Mash reserves the right to charge interest at the lower of 1.5% per month or the highest rate permitted by law on any monthly payment (not being reasonably disputed by you) that is not received when due. You agree to notify Mash in writing of any disputed fees within fifteen (15) days from the date that your account is charged. Mash may suspend the Services for non-payment of undisputed fees. Mash is entitled to recover a reasonable amount expended in connection with the collection of fees not paid when due. You agree to pay any taxes or governmental charges charged for your use of the Services.

11.  Copyright Policy Regarding Third Parties

If you believe that Mash or any of its affiliates or any user of Mash has violated a copyright, please contact us at: mash@mashinmusic.com. For details on how to properly notify us of a potential copyright infringement or other intellectual property rights issue.

12.  Use of Your Name and Logo

You agree that Mash may use the name, logo and other trademarks or service marks of your company to create a co-branded Services website as part of the delivery of the Services.

13.  No Warranties

To the maximum extent permitted by applicable law, you agree to use the Services at your own risk. You agree that Mash and its suppliers, resellers, affiliates and API Principals will not be responsible for any harm to any device, any loss of data, or any other harm that results from your use of the Services.

MASH AND ITS SUPPLIERS, RESELLERS AND AFFILIATES DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE WITHOUT WARRANTIES OR CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY. MASH AND ITS SUPPLIERS, RESELLERS, AFFILIATES AND API PRINCIPALS DO NOT MAKE ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET ENJOYMENT, OR NONINFRINGEMENT. THE LAWS OF CERTAIN STATES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.

14.  Limitation of Liability

YOU AGREE THAT MASH, AND ITS SUPPLIERS, RESELLERS AND AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY OTHERS FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES EVEN IF MASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF MASH AND ITS SUPPLIERS, RESELLERS, AFFILIATES AND API PRINCIPALS TO YOU FOR ANY CLAIM WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO MASH FOR THE SERVICES IN THE PREVIOUS TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIM EVEN IF ANY REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. THE LAWS OF CERTAIN STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.

15.  Changes to this Agreement

Mash may change the terms of this Agreement and recommends that you review them on a regular basis. You can review the most current version of this Agreement at:  www.mashmusic.com.au/terms-conditions

If Mash makes a change to the terms it will post the revised Agreement at the link above. You agree that your continued use of the Services after this Agreement has been changed means that you have agreed to the changed terms.

16.  Other Legal Terms

16.1    Sometimes when you use the Services, you may also use a service or purchase goods which are provided by another person or company. Your use of these other services or goods may be subject to separate terms between you and the company or person concerned, and you agree that Mash shall have no liability or obligation relating to those services or goods.

16.2    Trade names, trademarks, service marks, logos, and domain names of each party are considered their respective "Marks." As to Mash's Marks and the Marks of its suppliers, the Mark-owner retains ownership of all proprietary rights in all its Marks associated or displayed with the Services. You may not frame or utilise framing techniques to enclose any Mash Marks, or other proprietary information (including images, text, page layout, or form) of Mash without Mash's express written consent. You may not use any meta tags or any other "hidden text" utilising Mash Marks without Mash's express written consent. You shall retain ownership of all proprietary rights, copyright and any other rights you already hold in your Marks.

16.3    You agree to comply with all laws and regulations in connection with your use of the Services, including, but not limited to: (a) with respect to personally identifiable information sent or received by you, all privacy laws and regulations, (b) laws relating to communications, including, when required, advising all participants in a Mash narrowcast service, and (c) laws relating to the use of VoIP-based services. It is your responsibility to ensure that you have the right to use the Services where you are located, as well as where your Mash narrowcast service is located. You agree that the use of Mash may be subject to Australian, U.S. and European Economic Area and local export control laws and regulations. You represent that you are not a citizen of an embargoed country or a prohibited end user under applicable U.S. or local export and anti-terrorism laws, regulations and lists. You agree not to export, re-export, divert, transfer or disclose any portion of the Services or Services websites or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.

16.4    This Agreement, including the documents referred to in this Agreement, are the entire agreement regarding the Services and completely replace any prior agreements. Mash may assign or delegate its obligations under this Agreement either in whole or in part, without your prior consent.

17.5    Neither party will be responsible for failure of performance due to causes beyond its control, like, for example, accidents of God, labor disputes, shortage of materials, acts of terrorism, or the stability or availability of the Internet or a portion of the Internet.

16.6    You agree that if Mash does not exercise or enforce any legal right or remedy which is contained in this Agreement, this will not be taken to be a formal waiver of Mash's rights and that those rights or remedies will still be available to Mash.

16.7    If for any reason, a provision of this Agreement is held to be invalid, the remaining provisions will continue to be valid and enforceable.

16.8    This Agreement shall be governed by the laws of the State of New South Wales.

Privacy Policy

Mash in Music Pty Ltd trading as Mash Music Remote ("Mash") Privacy Policy

1.     This Privacy Policy explains how we collect, store, use and disclose your information when you use the Mash websites and mobile device application and all related sites, players, widgets, tools, apps, data, software, APIs and other services provided by Mash (the “Services”).

2.     This Privacy Policy explains the following:

2.1.  Our principles with respect to your information and your privacy

2.2.  The information we collect about you

2.3.  How we use your information

2.4.  How we share your information

2.5.  How we use cookies and similar technology

2.6.  Your choices with respect to your information

2.7.  How to contact us regarding privacy issues

3.     By using the Services, and in particular by registering a Mash account, you are consenting to the use of your information in the manner set out in this Privacy Policy.

4.     Please take some time to read this Privacy Policy, and make sure you are happy with our use and disclosure of your information.

5.     If you do not agree to any of the provisions of this Privacy Policy, you should not use the Services. If you have any questions or concerns, you can contact us at mash@mashinmusic.com.

6.     Please note that this Privacy Policy only applies to the Services. When using the Services, you may find links to other websites, apps and services, or tools that enable you to share information with other websites, apps and services. Mash is not responsible for the privacy practices of these other websites, apps and services and we recommend that you review the privacy policies of each of these websites, apps or services before connecting your Mash account or sharing any personal data.

7.     You may request details of personal information that we hold about you, in certain circumstances set out in the Privacy Act 1988 (Cth) and the Australian Privacy Principles. An administrative fee may be payable for the provision of information.  We may refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.

8.     If you believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us by email. We rely in part upon customers advising us when their personal information changes.  We will respond to any request within a reasonable time.  We will endeavor to promptly correct any information found to be inaccurate, incomplete or out of date.

Information we collect about you

 9.     You don’t need to provide us with any personal data in order to visit the Mash Website. However, our Services require that you register a Mash account and, by doing so, you will provide us with certain information:

 10.  Essential information: When you register a Mash account, you will provide your email address (except when you sign-up with Facebook and don’t give your permission to share it with Mash), your month and year of birth, and choose a password. In addition, if you purchase a Subscription, you will also need to provide your real name, billing address and payment verification information.

 11.  Profile information: You may choose, at your discretion, to provide additional information for your Mash public profile:

11.1.               your real name

11.2.               a user name (which may be your real name or a pseudonym)

11.3.               the city and country in which you live

11.4.               a profile picture, profile header image or avatar

11.5.               information about how you categorise yourself with respect to your content (for example, whether you are an artist, a label or some other category of creator)

11.6.               details of your other websites and social media profiles, including links to those websites and profiles

12.  None of this profile information is mandatory, and any information you do provide may be deleted, edited, changed or amended by you at any time.

13.  Information from correspondence: You will provide certain personal data if you contact us by email, use any of the webforms on the Website, or contact us by mail, fax or other offline means.

14.  Survey information: If you participate in any survey, you will provide certain personal data as part of your response, unless you respond anonymously.

15.  Information that you post: You may provide personal data when you link content to the Services.

16.  There is certain information that we collect automatically as the result of your use of the Services, or through the use of web analytics services. This information includes but is not limited to:

16.1.               the Internet Protocol (IP) address of the device from which you access the Services (this can sometimes be used to derive the country or city from which you are accessing the Services)

16.2.               the site that you visited immediately prior to visiting the Website

16.3.               the specific actions that you take on the Services, including the pages that you visit, streaming, narrowcasting, offline usage, uploading content, connecting your Facebook or Google accounts, sharing content with another user, following or unfollowing another user, joining or leaving a group, posting a comment, or performing a search

16.4.               any search terms that you may enter on the Services

16.5.               the time, frequency and duration of your use of the Services

16.6.               your browser type and operating system

16.7.               the nature of the device from which you are accessing the Services, for example, whether you are accessing the Services from a personal computer or from a mobile device and its device-ID

16.8.               your location data (e.g. GPS) when using Mash Apps,

16.9.               information collected through cookies and similar technology,

16.10.            information regarding your interaction with email messages, for example, whether you opened, clicked on, or forwarded the email message

17.  Mash allows you to sign up and log in using your Facebook account. If you sign up using Facebook, Facebook will ask your permission to share certain information from your Facebook account with Mash. This includes your first name, last name, email address in order for us to verify your identity and gender, general location, a link to your Facebook profile, your timezone, birthday, profile picture, your "likes" and your list of friends.

18.  This information is collected by Facebook and is provided to us under the terms of Facebook’s privacy policy. You can control the information that we receive from Facebook using the privacy settings in your Facebook account.

19.  If you sign up to Mash using Facebook, your Mash account will be connected automatically to your Facebook account, and information regarding your activity on Mash, specifically any new public content that you post on Mash and any new favourites, will be shared with Facebook and will be published in your timeline and your Facebook friends’ newsfeeds. If you signed up using Facebook by mistake, you can delete your account from the Account page within your Settings at any time, or you can email us at mash@mashinmusic.com.

20.  You may sign up and log in to Mash using your Google+ account. If you sign up using Google+, Google will ask your permission to share certain information from your Google+ account with Mash. This includes your first name, last name, email address in order for us to verify your identity and gender, a link to your Google+ profile, your profile picture, and your list of friends. This information is collected by Google and is provided to us under the terms of Google's privacy policy.

21.  If you sign up to Mash using Google+, by default information regarding your activity on Mash will be visible on Google to everyone in your Google+ circles and shared with Google according to Google's terms of service and Google's privacy policy. For more information on how to manage the activities you share back to your Google+ account, see Google's support page. You can manage who from your Google+ circles sees your Mash activity from within your Google+ App settings page.

22.  If you signed up to Mash using Google+ by mistake, you can delete your account from the account page within your settings at any time, or you can email us at mash@mashinmusic.com.

How we use your information

23.  To operate and maintain your Mash account, and to provide you with access to the Services that you may request from time to time. Your email address and password are used to identify you when you sign into the Services. Your device-IDs are used to ensure that you are in control of the devices that have access to your Subscription.

24.  To identify you as the creator of the Content that you upload, the comments that you post and/or the other contributions that you make to the Services.

25.  To seek your participation in surveys, and to conduct and analyse the results of those surveys if you choose to participate.

26.  To provide you with technical support.

27.  To respond to you about any comment or enquiry you have submitted.

28.  To provide other users and third parties with data regarding content use behaviors of, i.e. searching and narrowcasting playlists or following their profiles or other users profiles.

29.  To prevent or take action against activities that are, or may be, in breach of our Terms of Use or applicable laws.

30.  We use your month and year of birth to enable age restriction.

31.  Any additional information that you provide as part of your public profile, such as your real name, and links to your website and other social media profiles (but not your email address), will be published on your profile page. This information will be publicly accessible and may be viewed by anyone accessing the Website, or using our API or other Services. Please bear this in mind when considering whether to provide any additional information about yourself.

32.  If you purchase a Subscription, your name, address and payment verification information will be used to process your account subscription and renewals and to collect your payment. All payment verification information is transmitted using industry-standard SSL (Secure Socket Layer) encryption. Mash also complies with the Payment Card Industry Security Standards.

33.  Your email address and or phone number will be used to send you service updates and notifications regarding your account, and (if you have elected to receive them using your account preferences) newsletters, marketing messages and certain email notifications.

34.  If you are a Facebook or Google+ user, and one of your Facebook or Google+ friends registers for a Mash account, we may let your friends who already are on Mash know that you joined or will suggest to your Facebook or Google+ friend that you might be someone they may wish to follow on Mash.

35.  If you are a Facebook or Google+ user and sign up using Facebook or Google+ , we may also use the information we receive about you from Facebook or Google to suggest or connect you to users that you may wish to follow on Mash. It will be up to you if you choose to follow these users and you can unfollow them at any time.

36.  To analyse the use of the Services, and the people visiting the Website and using the Services, in order to improve Mash and customise it to your needs and interests.

37.  To show you Mash ads when you visit third party websites. When you see our ads on a third party website or apps, we or third party services we engage for this purpose, may collect information your browser or mobile app makes available when seeing the ad (e.g. ip-addresses, referral URL, browser details, timestamp of request). Third party websites or apps may also allow us to measure the success of our ads on their websites. This may include e.g. whether a click converted to an actual purchase of a Subscription. Please see the privacy policy of such third party websites to understand what data may be collected and how to opt-out.

38.  To show you ads on behalf of advertisers, we use information that you make available to us when you interact with the Services (e.g. creating playlists), including location data, together with information you provide to us through the Services, e.g. demographic information, you choose to make available to us (such as your age or gender) directly or through third party services as well as information your browser sends us when using the Services (e.g. referral URLs, device type or location data). This allows us to show you ads that are more relevant and interesting to you. Please note that we do not share personal data with advertisers. Instead, advertisers pre-define a specific audience by certain generic criteria (e.g. the city of residence, the age range, or the number of followers of an unidentified user) for a specific ad campaign. If your profile matches these generic criteria, we may choose to display a suitable ad to you. We may also display ads based on the content that you have recently viewed or searched. Before we may use location data from the app for the first time, your mobile device will generally ask you for permission first. In case you gave permission to do so, location based services in your device will collect location data for a couple of seconds. These will then be shared with us or a respective service provider. When we engage third party services such as ad-networks that enable us showing you interest based ads, we may also allow them to collect certain information such as cookie data from you. This information would allow these third-parties to deliver targeted advertisements that they believe will be of most interest to you. If you allow third party websites to collect and share data when you interact with their Services, ad-networks may use that information together with the information we allow them to collect on the Services. Please see the privacy policy of such third party websites to understand what data may be collected and how to opt-out.

 39.  To customise your use of the Services and/or the content of any email newsletter or other material that we may send to you from time to time.

40.  For other purposes, provided we disclose this to you at the relevant time, and provided that you agree to the proposed use of your personal data.

41.  We will not share your information with any third party, except as described in this Privacy Policy unless in the following circumstances:

41.1.               Other users: Any information in your public profile (other than your email address) will be accessible by other users of the Services, who may view your profile information, listen to and comment on your Content.

41.2.               With your consent: We will disclose your information if you have explicitly agreed that we may do so. We will make this clear to you at the point at which we collect your information.

41.3.               Service providers: We use third parties to provide us with specialised services related to the Services. These third parties will have access to certain information about you, but only where this is necessary in order for those third parties to provide their services to us.

41.4.               Users of our API: Mash has an open API, which enables application developers to integrate elements of the Services into exciting new apps. Any information that you choose to make public on the Services, including your public profile information and Content, may be accessible to these developers. Please bear this in mind when deciding what information to publish on your profile.

 41.5.               Other networks and connected apps: If you choose to connect your Mash account to other apps or social networks such as Facebook, Google+, Tumblr or Twitter, you will be sharing certain information with these apps or networks. In the case of Facebook, Google+, Tumblr or Twitter, any new Content that you post or listen to on Mash will be shared to those networks and will be visible to your followers and friends on those networks. Mash is not responsible for these other apps or networks, so please make sure you only connect your account with apps or services that you trust.

 41.6.               Advertisers may use third party services to ensure their ads are properly served and to measure the success of their campaigns on websites and apps. We allow these services to collect and use the information for such purposes.

 41.7.               As aggregated data: We may aggregate your personal or consumption data with similar data relating to other users of the Services in order to create statistical information regarding the Services and its use, which we may then commercialise share with third parties or make publicly available. However, none of this information would include any personal information including email addresses or other contact information, or anything that could be used to identify you individually, either online or in real life. Additionally, none of this information would include your credit card information.

 41.8.               If required by law: We will disclose your information if we believe in good faith that we are permitted or required to do so by law, including in response to a court order, subpoena or other legal demand or request.

 41.9.               To protect our interests: We may disclose your information if we feel this is necessary in order to protect or defend our legitimate rights and interests, or those of our users, employees, directors or shareholders, and/or to ensure the safety and security of the Services and/or the Mash community.

 41.10.            In the context of a business transfer: We may transfer your information to any person or company that acquires all or substantially all of the assets or business of Mash, or on a merger of our business, or in the event of our insolvency.

Cookies and similar technology

 42.  In common with most websites, we use cookies and other standard Internet technologies to help us improve the Services we provide.

 43.  Ads displayed to you are in some cases provided by third parties. These may and as far as allowed by your settings or your device, use information about your visit and interaction with the Services in order to show you personalised ads of products and services that may be of interest to you. Personal information such as your name or email address will not be shared with these.

 44.  We have done our best to provide you with as much information as possible about our use of cookies and similar technology. If you choose to use the Services without blocking or disabling these cookies or opting out of other technologies, you will indicate your consent to our use of these technologies and to our use of any personal data that we collect using these technologies.

Access and controls

45.  When you sign into the Services, you can access your Settings by clicking on the four lines bottom tab at the top left of the screen.

46.  Please note that this Privacy Policy does not apply to any third party sites or applications, and we cannot control the activities of those sites or applications. You are advised to read the privacy policies of those sites or applications before sharing your information with, or connecting your Mash account to, any of these third party sites or applications.

Deleting your account

 47.  You can delete your account within the application or by emailing mash@mashinmusic.com.

Access to your data

48.  Most of the personal data and other information you provide to us can be accessed and updated in the Settings page of the Mash Services. If you wish to access, amend or delete any other personal data we hold about you, or if you have any objection to the processing of any personal data that we hold about you, please contact us at mash@mashinmusic.com.

49.  If you ask us to delete your account, we will do so within a reasonable period of time, but we may need to retain some of your personal data in order to satisfy our legal obligations, or where we have a legitimate reason for doing so

International data transfers

50.  From time to time, it may be necessary for us to transfer your personal data to the United States, the Europe Economic Area or other jurisdiction. You should be aware that privacy laws in these jurisdictions not be equivalent to the laws in your country, and by using the Services, you consent to the transfer, storage and processing of your personal data in multiple jurisdictions in accordance with this Privacy Policy and applicable law.

Children

51.  Mash is not intended for use by children. Anyone under the age of 13 is not permitted to use the Services and must not attempt to register an account or submit any personal information to us. We do not knowingly collect any personal information from any person who is under the age of 13 or allow them to register an account. If it comes to our attention that we have collected personal data from a person under the age of 13, we will delete this information as quickly as possible. If you have reason to believe that we may have collected any such personal data, please notify us immediately at mash@mashinmusic.com.

 Changes and updates to this Privacy Policy

52.  We may occasionally update this Privacy Policy, and when we do so, we will also revise the Effective Date set out below.

Questions

53.  If you have questions about this Privacy Policy, want to suggest changes to this Privacy Policy or want to know, what information we store about you, please contact us by email at mash@mashinmusic.com.

54.  If you decide that you do not want us to use your information in the manner described in the Privacy Policy please do not use the Services.

Last amended: November 2017