Privacy Policy

ONLINE PRIVACY POLICY

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Moonday Technologies SRL (“we”, “us”, or “Moonday”) is committed to protecting and respecting your privacy. This Privacy Policy describes our collection, use, disclosure, retention, and protection of your personal information.

This Privacy Policy applies to our customers, end users, prospects, partners, suppliers, job applicants (“you” or “your”). It was drawn up in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (“GDPR”). 

Please read the following Privacy Policy carefully to understand our views and practices regarding your personal information and how we will use it. By visiting www.moondayapp.com (“Website”), or by using our services on moonday.app  (“Platform”) you accept and agree to the practices described in this Privacy Policy. 

This Privacy Policy is part of our terms and conditions and applies to you when you access our Platform regardless of the location from which you access it. If you elect to not provide the information we require, we may not be able to provide all of our services to you. 

If you do not agree to the terms of this Privacy Policy, please do not use our Website or Platform. 

  1. Contact details and identity of controller

The controller (as defined in Section 2) under this Privacy Policy is Moonday, a private  company (“Société à Responsabilité Limitée – SRL”) organized under the laws of Belgium, having its registered office at 24 Rue de Chapon-Seraing, 4537 Verlaine (Belgium), registered with the Register of Legal Entities under number 0715.412.414. 

Please carefully note that this Privacy Policy is however limited to the circumstances when Moonday acts as controller and therefore actually processes personal data for the purposes described herein. 

This Privacy Policy does not apply to your own process of the personal data, or to the process of personal data by third parties. 

If you have any questions or requests concerning this Privacy Policy or how we handle your data more generally, please get in touch with us using the following details: 

  • By letter to: Privacy Team, Moonday., 24 Rue de Chapon-Seraing, 4537 Verlaine, Belgium;
  • By contacting our Privacy Team at: privacy@moondayapp.com.
  1. Definitions

The following terms used in this Privacy Policy will have the meaning given to those terms in the GDPR as stated below: 

  • “Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; and defined in Section 1 of this Privacy Policy; 
  •  “Personal data” (“personal information”, “information”) means any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
  • “Platform” has the meaning of the services available on moonday.app;
  • “Processing” (“process”, “processes” and “processed” will be interpreted accordingly) means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
  •  “Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller; 
  1. Personal information we collect from you 

We will collect and process your personal information in a variety of ways, depending upon your use of the Website or our Platform. More details about how your information is collected are listed below.

Personal information required when you set up an account on our Platform

When you create an account on our Platform, we require you to provide information about yourself including: 

  • Your contact and identification information (last name, first name);
  • Information in connection with registrations on our Platform (e.g. account log-in information);
  • Your business contact information (company name, professional email);

Additional Personal information you decide to provide when you set up an account on our Platform

You can also decide to provide voluntarily additional information about yourself, such as: 

  • Additional identification information : birthdate, gender, Country of residence, phone number, picture;
  • Additional business contact information : Title, start date of employment in the Company, short bio… 

Personal information we automatically collect about you when you visit our Platform

Like many websites, we automatically receive and store certain types of personal information whenever you interact with us or our Platform such as:

  • technical information, including the Internet Protocol (IP) address used to connect your computer to the internet, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
  • your device ID; 
  • information about your visit, including the full URL, clickstream to, through and from our Platform (including date and time), pages and/or keywords you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page and any phone number used to call our customer service number;

For more information, please visit our Cookies Policy. 

Personal information about your interaction with our Website 

This is the personal information that you provide us by filling in forms on our Website or by corresponding with us by phone, email or otherwise. It also includes personal information you provide to us when you register for a webinar, subscribe to our email newsletter, submit a support request etc. such as:

  • Your contact and identification data (e.g. title, name, address, date of birth, e-mail address);
  • Personal information in connection with a job application submitted by you;
  • Personal information given by you in connection with registrations to activities (such as webinars, etc.) on our Website;
  • Your business contact information (e.g. company, email, physical address, phone number);

Personal information we do not collect 

Moonday does not seek to collect personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health or data concerning a natural person’s sex life or sexual orientation.

Personal information we receive from other sources

This is information we receive about you if you use any other website/application than ours that advertises or uses our services. We are working closely with third parties (including, amongst others, business partners, sub-contractors in technical services, advertising networks, analytics providers, search information providers) and we will collect and process the information we receive from them.

Personal information of third parties

We collect Personal Information about third parties, who are not users of the Platform but who are professionals in the films industry. The personal data we collect are the ones that have already been made publicly available on the websites of their companies (e.g. team of a production company), or on the credits of the movies. 

Such personal Information may consists of : 

  • the first name and last name ;
  • the professional contact information (phone and email) of the member of the team of production, distribution companies or any other company that offer professional services to the film industry. 
  • The portrait pictures, if such picture is already available on the professional profile (company website…) of the data subject. 
  1. Cookies 

Our Website use cookies. This helps us to provide you with a good experience when you browse our Website and also allows us to improve it. For detailed information on the cookies we use and the purposes for which we use them, see our Website Cookie Policy at https://moondayapp.com/cookies.

  1. Purposes of processing of the Personal Information 

Personal information may only be collected and processed for specified and lawful purposes and may not be processed in a manner incompatible with those purposes.

We use the personal information for the following purposes :

The personal data of the users of our Platform

a. Personal data available to the registered users of the Platform

  • to provide complete and up do date information about the movies (e.g. : the cast), the companies (e.g. the contact informations of the producing or distribution company team);
  • to allow the users of the platform to contact each other (e.g. a distribution company contacts a producer to negotiate rights on a movie, etc.);
  • to access to the notifications related to the activities of the other registered users on the platform (e.g. : posts, likes, etc.);
  • to allow you to participate in interactive features of our services with the other registered users;

b. Personal data available to Moonday

  • to contact you for : 
    • managing our services and our agreement (subscription, invoicing, dispute resolution, etc.);
    • notifying changes to our services or Platform;
    • providing you with information about other services we offer that are similar to those that you have already used or enquired about;
    • providing you with information about services we feel may interest you;
    • responding to any request we receive;
  • to improve our services and administer our Platform : 
    • ensure that the content from our Platform is presented in the most effective manner for you and for your computer/device;
    • for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes ;
    • to keep our Platform safe and secure;
    • to administer, track and fulfil orders for our services; 
    • to enforce the terms of our agreement;
    • for the exercise or defence of legal claims and to exercise and protect the rights of Moonday, including determining our liability.

c. Personal data filled in the private directory of the Users

The Users of the Platform have access to a private directory in which they can fill in Personal Data of their professional contacts. These data are not made available to Moonday, nor to any third parties and are only processed by you. Moonday does only grant you a technical tool but does not process any of the data. 

You shall therefore be considered as the Controller for the process of the Personal Data in your private directory. 

The personal data of our partners and suppliers 

  • to contact you for : 
    • managing our services and our agreement (subscription, invoicing, dispute resolution, etc.);
    • notifying changes to our services or Platform;
    • providing you with information about other services we offer that are similar to those that you have already used or enquired about;
    • providing you with information about services we feel may interest you;
    • responding to any request we receive;
  • to improve our services and administer our Platform : 
    • ensure that the content from our Platform is presented in the most effective manner for you and for your computer/device;
    • for internal operations, including troubleshooting, data analysis, testing, research;
    • to perform statistical, demographic, and marketing analyses of our customers and end users and their viewing patterns ;
    • to keep our Platform safe and secure;
    • to administer, track and fulfil orders for our services; 
    • to enforce the terms of our agreement;
    • for the exercise or defence of legal claims and to exercise and protect the rights of Moonday, including determining our liability;

The personal data of our prospects and job applicants 

  • to contact you for : 
    • the promotion of our Platform and services;
    • the negotiation of our offers;
    • the follow-up of your job application. 
    • to provide you with information about other services we offer that are similar to those that you have already used or enquired about;
  • to measure or understand the effectiveness of advertising we deliver to you and others, and to deliver relevant advertising to you.
  • for the exercise or defence of legal claims and to exercise and protect the rights of Moonday, including determining our liability;

The personal data of third parties 

  • to provide complete and up do date information about the movies (e.g. : the cast) and the companies (e.g. the contact informations of the producing or distribution company team);
  • to answer to any request sent by a third party to Moonday (e.g. : notice and take down policy).

Personal information we receive from other sources

We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information to measure or understand the effectiveness of advertising we deliver to you and others, and to deliver relevant advertising to you.

The profiling does not imply any individual decision-making. 

  1. Legal basis for processing 

Your personal information is being collected and processed on the following legal bases:

1) The Personal Data is processed with your consent (art. 6.1 (a));

On subscribing to our Platform, you agree that your personal data (first name, last name, professional contact information) will be made available to the others users who decide to follow your activities and will be informed of your public activities on the Platform (notifications of posts, likes…).

The subscription to our Platform also implies that you accept that your Personal Data can be processed to participate to the interactive features of the services (e.g. task management, messaging, following, etc.).

You can also decide to subscribe to special services that imply the process of your personal data (e.g. : newsletter subscription, etc.).

When you voluntarily fill in Personal Data in your profile that is not required for the subscription (e.g. gender, birthdate, Country of residence, etc.), you give your express consent for the process of these Personal Data. 

Any personal data of your employee / independent collaborator / third party filled in when you subscribe to or use the Platform is deemed to be processed with the express consent of the data subject. You shall be sole responsible to ensure the express consent has been given by the data subject and that the data subject has received all relevant information from the present Privacy Policy. 

Any third party who contacts Moonday for any request whatsoever, agrees that his personal data will be processed by Moonday for the processing of the request and for contacting the said third party. 

2) The process is necessary to perform a contract (art. 6.1 (b));

Some Processing shall be required in order to perform the contract we have with you, such as managing the subscriptions, the invoicing, the dispute resolution or any other information we would need to exchange in the frame of our contractual relationship (e.g. : answer to your requests, notify changes to our services, etc.). 

The Process of the Personal Data is required for the performance of some functionalities of the Platform, such as the tasks creation and follow up, the messaging, etc. 

The Process of the Personal Data can also be required for internation operations on the platform such as troubleshooting, data and use analysis, testing, research, statistics, etc. 

We might also need to process Personal Data to make sure our Platform is secured and can be used safely by all our users. 

3) The process is necessary to take steps prior to entering a contract (art. 6.1 (b));

The Processing of your Personal Data can be required to process a job application or to contact you for negotiating the terms of a new subscription to our Services. 

4) The process is necessary for compliance with a legal obligation to which we are subject (art. 6.1 (c));

We might need to keep your Personal Data to comply with our accounting requirements, or to keep a track of the activities on the Platform in order to keep our Platform safe from any illegal or abusive use, and for the exercise of legal claim or defence and the assessment of liabilities. 

5) The process is necessary for our legitimate interests or for the legitimate interest of the users or of third parties (art. 6.1 (f));

The data input on the Platform by Moonday itself or by the users, includes cast and crew, and the professional partners of the movies (producers, distributors, financial partners, etc.). The data may therefore include Personal data, such as the name and the professional contacts details of the person. 

Moonday’s legitimate interest consists in making its Platform attractive to its customers and prospects by making available to the registered users a directory consisting of contact details of professionals active in the targeted sector, and enabling user to have, in a centralised tool, all the information they need for their commercial prospecting. The Platform benefits from greater attractiveness and value for clients if it is supplemented by a critical mass of information. 

The legitimate interest can also be pursued by Moonday’s clients, who have an interest in having quick and easy access to the professional contact details of their own contacts and prospects, without having to carry out additional research on the Internet and without having to re-encode their entire professional directory. The Platform is meant to be used as a centralized management tool for the users commercial prospecting. 

The third parties whose Personal Data are input in the Platform (name, professional contact information) also have an interest in being mentioned in the Platform, which is a tool for prospecting and exchanges in the film marketing sector. The communication of their identity can also have a positive impact on the development of their career through the visibility it offers them to people active in the sector. It is in their interest to be easily reachable to develop or promote their professional activity. 

Moonday also has a legitimate interest in processing the Personal Data of professionals active in the sector of the movie industry, for promoting the Platform, prospecting new customers, etc.). The foregoing also applies with already registered Users, to whom Moonday could send information about other services that they might be interested about, or monitor the effects of its advertisements or special offers. The legitimate interest of Moonday consists of direct marketing purposes, including the consolidation of an existing contractual relationship. 

Moonday does also have a legitimate interest to assess and monitor the use of the Platform by the Users in order to prevent fraud in the use of the Platform and to secure its services. 

  1. Disclosure of your personal information

We are very careful and transparent about who else your information is shared with. 

The recipients of your Personal Data are the employees and collaborators of Moonday, as well as any affiliated companies, if Moonday becomes part of a group of undertakings within which the Personal Data is shared for international administrative purposes. 

Your Personal Data filled in in your profile shall also be made available on the Moonday Platform, only accessible to the other registered users of the Platform. 

We might have to share the Personal Data to other parties, in the following situations : 

a. Sharing of personal data with public authorities

We might have to share some Personal Data with public authorities, if we shall comply (and/or where we believe we are under a duty to comply with) with any legal obligation or to protect the rights, property, or safety of Moonday, our customers, or others. This includes exchanging information with public authorities (including judicial and police authorities) in the event of, for example, a cyber security incident; 

b. Sharing of personal data with affiliated entities

if our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, our new business partners or owners or their advisors, in compliance with our legitimate interest. 

c. Sharing of personal data with Processors

We might collaborate with external collaborators (e.g. for IT services, marketing, analytics and search engine providers, etc.), who access to the Personal Data filed in on the Platform. 

We make sure that the processing of the data by the Processor ensure the protection of your Personal Data according to article 28 GDPR. 

c. Sharing of personal data with third parties 

You agree that we have the right to share your personal information with selected third parties including:

  • our business partners;
  1. Transfer of your personal information 

We may transfer your personal information to a destination outside the European Economic Area (the EEA), including to the United States, if that is appropriate (i) to achieve any of the purposes set out under section 5 and/or (ii) to disclose your personal information to a third party in accordance with section 7 of this Privacy Policy. 

If we transfer your personal information outside of the EEA, we will make sure that your personal information is protected by the following safeguards:

  • the laws of the country to which your personal information is transferred ensure an adequate level of data protection (Article 45 GDPR); or
  • the transfer is subject to data protection clauses approved by the European Commission (Article 46.2 GDPR) or is subject to the EU-US Privacy Shield.

If you wish to receive more information relating to the transfers of your personal information and/or the safeguards that have been implemented (including on how to receive a copy thereof), you can contact us through the contact details set out in section 1 above.  

  1. Your rights 

Under data protection law, you may have a number of rights regarding the personal information we hold about you:

  • The right to be informed. You have the right to be provided with clear, transparent and easily understandable information about how we use your information and your rights. This is why we are providing you with the information in this Privacy Policy;  
  • The right of access. You have the right to access the personal information we keep about you – this is because we want you to be aware of the personal information we have about you and to enable you to verify whether we process your personal information in accordance with the applicable data protection laws and regulations;
  • The right to restrict processing. You have the right, under certain circumstances, to “block” or suppress further use of your personal information. When the processing is restricted, we can still store your personal information, but we can no longer use it;
  • The right to rectification. If your personal information is inaccurate or incomplete, you have the right to request the rectification of your personal information; 
  • The right to erasure. You have the right, under certain circumstances, to request the deletion or removal of your personal information from our systems;
  • The right to lodge a complaint. You have the right to lodge a complaint about the way we handle or process your personal information with your national data protection authority (contact details for data protection authorities are available here);
  • The right to withdraw consent. If our processing of your personal information is based specifically on your consent, you have the right to withdraw that consent at any time. This includes the right to withdraw your consent to receive newsletters and promotional emails and other marketing communications from us by: (1) selecting the “unsubscribe” feature where available, or (2) contacting us; 
  • The right to data portability. You have the right to obtain from us, under certain circumstances, your personal information in a structured, commonly used and machine-readable format so you can reuse it for your own purposes across different services. For example: if you want to work with a different service provider, this enables you to move your personal information easily and in a secure manner to this new service provider. 
  • The right to object to processing. You have the right to raise an objection to certain types of processing, including processing for direct marketing and profiling. You can object by contacting us on the details above. 

However, note that we may need to retain certain information, for example for legal or administrative purposes (e.g. keeping of accounting records). 

For all requests set out above, please send us an email with “data privacy request” in the subject line and include a copy of your identity card or another proof of your identity  (e.g. passport) to help us prevent unauthorised individuals from accessing, changing or deleting your personal information. We will respond to your request as soon as practically possible. If we need more than one month (from receipt of your request) to respond to your request, we will come back to you and let you know.

  1. Security of collected information

We have implemented a number of security features throughout our Website and our Platform in order to prevent the unauthorized release of or access to collected and/or received information. We have endeavoured to create a secure and reliable Website and Platform for you but note that the confidentiality of any communication or material transmitted to or from us or any other party via our Website and our Platform or email cannot be guaranteed. We accept no responsibility or liability for the security of information transmitted via these methods. 

All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Website or Platform, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. 

  1. Retention of your personal information

The information we hold about you will be retained in a manner consistent with the applicable data protection legislation. In any event, your personal information shall not be kept longer than is necessary to achieve the purposes outlined in the section 5 above. 

When determining the relevant retention periods, we will take into account factors including:

  • our contractual obligations and rights in relation to the information involved;
  • our legal obligation(s) under applicable law to retain data for a certain period of time; the retention may be necessary for us to comply with any legal or regulatory obligation (e.g. for tax purposes), in which case we will keep your personal information for as long as required by that obligation;
  • statute of limitations under applicable law(s);
  • the processing of your personal information is necessary in connection with any actual or potential dispute (e.g. we need this information to establish or defend legal claims), in which case we will keep your personal information until the end of such dispute; and
  • guidelines issued by relevant data protection authorities.
  1. External websites 

Our Website and our Platform may, from time to time, contain links to and from websites and/or applications of our partner networks, advertisers and affiliates. To the extent that hyperlinks or banner advertisements incorporating hyperlinks are utilized to access third party websites and/or applications, you should be aware that these third-party websites and/or applications are not controlled by us and have their own privacy policies. Therefore, they are not subject to this Privacy Policy and we do not accept any responsibility or liability for these policies. Please check these policies before you submit any information to these websites and/or applications. 

  1. Agreement with collection and use of your personal information – changes to our Privacy Policy 

By visiting our Website or using our Platform you acknowledge that you have read the terms of this Privacy Policy and that you agree with the collection and the use of your personal information as set out above. 

We may amend this Privacy Policy from time to time. Any changes we make to our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by email. Please check back frequently to see any updates or changes to the Privacy Policy. Your continued use of this Website and our Platform following the posting of changes to this Privacy Policy will indicate your acceptance of these changes. 

This Privacy Policy was most recently updated on the 2nd of December 2020.