1. Introduction

“Swarabitan” (“we,” “us,” or “our”) is a music streaming service operated by Musicool Technologies Pvt. Ltd. with its registered office at 21/A Iswar Gupta Road, Dumdum Cantonment, Kolkata 700028. We are committed to protecting your privacy and handling your personal data in a transparent and secure manner. This Privacy Policy explains how we collect, use, disclose, and protect your personal data when you use our mobile applications, website, and related services (collectively, the “Service”).

This Policy is designed to comply with applicable data protection laws, including the Digital Personal Data Protection Act, 2023 (DPDPA) in India, the General Data Protection Regulation (GDPR) in the European Union, the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), and other relevant laws. If you are a resident of India, you are considered a “Data Principal” under the DPDPA, and we act as a “Data Fiduciary.”

By using the Service, you consent to the practices described in this Policy. If you do not agree, please do not use the Service. For users in India, we will provide a clear notice at the point of data collection or consent request, detailing the categories of data, purposes, your rights, and how to file complaints.

We may update this Policy from time to time. We will notify you of material changes via email, in-app notifications, or on our website. Continued use of the Service after changes constitutes acceptance.

2. Personal Data We Collect

We collect the following categories of personal data:

User Data: Information you provide during registration or account updates, such as your name, email address, phone number, date of birth, gender, profile picture, and payment details (e.g., credit card information for subscriptions).

Usage Data: Data about your interactions with the Service, including streaming history, playlists created, searches, liked songs, device information (e.g., IP address, device ID, operating system), location data (country or region for content availability), and sensor data (e.g., for voice commands).

Voice and Audio Data: If you use voice features, we may collect audio recordings to process commands.

Payment and Purchase Data: Billing information and transaction history for premium subscriptions or in-app purchases.

Survey and Feedback Data: Responses to surveys or user research.

Marketing Data: Preferences for communications and inferred interests from usage.

Under the DPDPA, personal data means any data about an identified or identifiable individual in digital form. We only collect data necessary for the purposes outlined below.

3. How We Collect Your Personal Data

We collect data from:

Directly from You: When you sign up, create playlists, make payments, or interact with features.

Automatically: Through cookies, pixels, and similar technologies for usage analytics, and device sensors for features like offline listening.

Third Parties: From partners such as social media platforms (if you link accounts), payment processors, advertising networks, and analytics providers (e.g., Google Analytics).

Logged-Out Users: Limited usage data to improve service accessibility.

For users in India, we ensure collection is based on your informed consent or other lawful grounds under the DPDPA.

4. How We Use Your Personal Data

We process your personal data for the following purposes:

To provide and personalize the Service (e.g., recommending music based on listening history).

To manage your account, process payments, and provide customer support.

To improve the Service through analytics, debugging, and developing new features (e.g., AI-powered playlists).

For marketing and advertising, including personalized ads and promotions (with your consent where required).

To comply with legal obligations, prevent fraud, and enforce our Terms.

For research and surveys to enhance user experience.

Processing is limited to these purposes (purpose limitation) and we adhere to data minimization principles. Under the DPDPA, we rely on your consent for most processing; you can withdraw consent at any time, though this may limit Service functionality.

5. Sharing Your Personal Data

We may share your data with:

Service Providers: Third-party vendors for hosting, analytics, payment processing, and marketing (e.g., GoDaddy, AWS for storage etc).

Partners: Music labels and artists for royalty reporting (anonymized where possible), and advertising partners for targeted ads.

Other Users: Public playlists or shared content, as chosen by you.

Legal Requirements: To comply with laws, respond to authorities, or protect rights.

Business Transfers: In case of mergers or acquisitions.

We do not sell your personal data. For Indian users, sharing is only for specified purposes, and we ensure recipients comply with DPDPA.

6. Your Rights

You have the following rights regarding your personal data:

Access: Request details of data we hold about you.

Correction: Update inaccurate or incomplete data.

Erasure: Request deletion (right to be forgotten), subject to legal exceptions.

Objection/Restriction: Object to processing or request restrictions.

Portability: Receive your data in a portable format.

Withdraw Consent: Revoke consent without affecting prior processing.

Nomination: Nominate someone to exercise rights on your behalf in case of incapacity (under DPDPA).

For Indian residents (under DPDPA), additional rights include grievance redressal. To exercise rights, contact us at admin@musicool.in. We will respond within 30 days (or as required by law). California residents have CCPA rights (e.g., opt-out of sales); EU residents have GDPR rights.

7. Data Security

We implement reasonable security measures, including encryption, access controls, and regular audits, to protect your data from unauthorized access, loss, or breaches. In case of a data breach, we will notify affected users and authorities as required by law (e.g., within 72 hours under DPDPA rules, once notified).

8. International Data Transfers

Your data may be transferred to and processed in countries outside India, such as the US or EU. We ensure adequate safeguards, such as standard contractual clauses or consent, in compliance with DPDPA (which allows transfers unless restricted by government notification) and GDPR.

9. Children’s Privacy

We do not knowingly collect data from children under 18 without verifiable parental consent under DPDPA). If you are a parent and believe your child has provided data, contact us to request deletion. For users under 18 in India, we require verifiable parental consent for processing personal data.

10. Changes to This Policy

We may update this Policy to reflect changes in practices or laws. The effective date will be updated, and we will notify you of significant changes. Review periodically.

11. YouTube Video Songs and Freely Available Content

Swarabitan includes access to YouTube video songs uploaded by other users, which are presented directly within the app and not redirected to YouTube. These songs are freely available to all users of the Service at no additional cost. We do not control the content of these videos, which are sourced from YouTube’s publicly available platform, and we comply with applicable copyright and data protection laws when integrating this content.

12. In-App Purchases and Subscriptions for Music Items

Swarabitan offers in-app purchases and subscriptions for various music-related items, including notations, staff notations, karaoke, tutorials, tunes, and other in-house music content created by Musicool Technologies Pvt. Ltd. These purchases are subject to our payment terms, and your payment data is securely processed by trusted third-party payment providers. You may access details of your purchases and subscriptions in your account settings.

13. Restrictions on In-House Music Content

You are granted a limited, non-exclusive, non-transferable license to use in-house music content (e.g., notations, karaoke, tutorials) for personal, non-commercial purposes only. You must not resell, distribute, or exploit any in-house music content for commercial purposes without express written permission from Musicool Technologies Pvt. Ltd. Violation of this restriction may result in account suspension or termination and potential legal action.

14. Contact Us

For questions, rights requests, or complaints, contact our Data Protection Officer/Grievance Officer (as required under DPDPA):

Email: admin@musicool.in

Address: 21/A Iswar Gupta Road, Dumdum Cantonment, Kolkata 700028.

Phone: 9051639795

If unsatisfied, Indian users may complain to the Data Protection Board of India.

Under the DPDPA, this Policy serves as our privacy notice. By using the Service, you acknowledge receipt of this notice.