Freesound Privacy Policy

Data Controller. The entity responsible for your data is Universitat Pompeu Fabra, Pl. de la Mercè, 10-12, 08002, Barcelona, Spain. All communications regarding the processing of your personal data shall be directed to our Data Protection Officer dpd@upf.edu. Please send a copy to mtg@upf.edu.

1. Registration (Registration Data). On registering for creating an account on our website, we will collect the following personal data: username, email, the optional text that you may want to add to your profile, and your optional avatar. These data, except the ones defined as optional, are mandatory and if they are not provided, an account cannot be created.
2. Uploading sounds. On uploading a sound to our website, we will collect the following data: name, description, tag, physical location, comments between a moderator and the sound uploader. Some of the above data may not necessarily be necessary for the Service.
3. Downloading sounds. On downloading sounds, we will collect the name of the sound downloaded and the date.
4. Contribution to the community. When you contribute to the Freesound community, you provide us with the following data that we collect: public posts on the forum, private messages to other users, public comments on a sound, the sounds added to your bookmarks, your rating of the sounds.
5. Donation. If you make donations to us, we will collect the amount of the donation and your username, if you provide it to us.
6. Navigation. Due to the standards of communications on the Internet, when you visit our website we automatically receive the URL of the site from which you come and the site you visit when you leave our website. We also receive the internet protocol ("IP") address of your computer and the type of browser you are using. We use this information to analyse global trends to improve the service and understand the usage of the website. This information is not shared with third parties without your consent. Except for the above, and what is stated in our cookies policy, we do not collect any type of personal data if you are only browsing the website. Our cookie policy sets out the corresponding information regarding data collection through cookies.

Prohibited data. In all events, it is forbidden to submit to us or upload to the Services any data that contains sensitive personal data that is relative to identifiable persons such as: your and or third party’s racial origin, membership in a trade union, religion, ideology and sexual life, your and or third party’s health; or your and or third party’s relative to the commission of criminal offences or proceedings and associated penalties or fines.

Data accuracy. It is important that the personal data we hold about you is accurate and current. You are responsible for the accuracy of the information you provide to us and you are expected to update any information you provide us with.

Data use. We use your personal data to:

• Create and manage your account and our relationship with you as a member of the Freesound Community.
• Carry out research development and innovation study, works or projects.
• Provide you with the Freesound service and look for improvements.
• Allow you to access API’s developers’ website with your Freesound log-in details.
• Contact you and communicate with you.
• Any legal purposes required by law or court order.

Legal basis. The principal legal basis of the processing activities described above are:

• the performance of our contract with you (our user terms) for creating and managing your account, providing you with the Freesound service,
• our legitimate interest to contact you and respond to your requests and manage our community.
• your consent when its required (mainly for allowing you to access to API’s developers’ websites with your Freesound account), and
• in order to comply with a legal obligation to which we are subject.

Data disclosure. We process your personal data in strict confidentiality in accordance with applicable law. However, we may disclose any personal or other data you provide us in compliance with a legal obligation, and your data may be processed by our professional suppliers who provide us their services (email, storage, etc.) in order to correctly deliver our Services or to perform other obligations in accordance with the applicable regulations and rules set forth in the website Terms. Freesound will ensure that your identity will be kept strictly confidential and will not be passed to a third party outside of what has been stated and agreed herein and in Freesound Terms of Use.

Please note that we provide an API for third party developers and their users to log in to Freesound via their site. If you do log in through such a third-party site, you will be revealing your user email address to the developer of that Site (these developers have accepted our API terms of use, and committed to keep this email address confidential). Freesound and the UPF are not responsible for any activity, transaction or data processing on any such third party website.

We keep your data confidential and shall disclose them only in compliance with a legal obligation or to deliver our Service.

If you log in through a third-party website, you will be revealing your user email address to the developer of that website.

Subcontracting. We may provide access to User Data to a subcontracted processor if we reasonably consider such access and processing necessary to the performance of the Services. In the event of such access and before the access takes place, we shall ensure that an agreement with the third party is in place which is sufficient to require it to process personal data in accordance with the applicable provisions of this Agreement and any applicable law. In particular, you authorise us to subcontract to the third parties mentioned in the following section on international transfers.

We may provide access to your data to third parties in order to deliver our Service.

Those third parties process your data according to law and our Agreement with them.

International transfers. We use third-party technological services for the provision of Services, whose providers may process Account Data and User Data collected in the course of providing us their services indicated below, as sub-processors. These entities may be in jurisdictions that generally don’t provide adequate safeguards in relation to the processing of personal data. However, we have entered into contracts with such entities that do include such safeguards, as required by the applicable data protection laws.

You specifically authorize us to subcontract the following services and the corresponding transfer of User Data to the entities and countries listed below:

• Displaying maps and sounds location on the website: Mapbox, USA.
• Data hosting and email to users: Amazon Inc., USA.
• Support and user support / help desk: Zendesk.com Inc., USA.
• Processing of donations: Paypal Inc., Stripe Inc., USA.
• Hosting of working documents, spreadsheets and data needed for development purposes: Google Inc., USA.

These companies are in the USA, territory which does not generally provide adequate safeguards in relation to data processing, but we have entered contracts with us providing the appropriate safeguards according to law, such as the so called “standard contractual clauses” approved by the European Commission.

Data retention. We will retain the personal data submitted through registration and collected during the course of the Services for the term of your account with us. If your Account is deactivated either by you or us, all front-end (site) data related to you are anonymized, though we retain a pseudonymous user identifier to maintain database integrity. We thereafter retain personal data for legal or administrative reasons as well, such as defending our responsibility and complying with mandatory legal obligations, subject to applicable law. Your sounds are available on the site (under the corresponding license) until removed.

Security measures. We implement security measures and personal data protection schemes as required by law to maintain the confidentiality and integrity of your data and protection against unauthorised access, modification or destruction.

Your rights. Under data protection laws, you have the following rights in relation to your personal data: request access to your personal data (commonly known as a "data subject access request"); request correction of the personal data that we hold about you; request erasure of your personal data; object to processing of your personal data where we are relying on a legitimate interest; request the restriction of processing of your personal data; request the transfer of your personal data to you or to a third party (right to data portability); withdraw consent at any time where we are relying on consent to process your personal data.

The aforementioned rights may be effective by contacting us at mtg@upf.edu or at Universitat Pompeu Fabra. Pl. de la Mercè, 12. 08002, Barcelona, Spain. We may require that you include a digital copy of your identification document such as your ID card or passport.

You also have the right to make any complaint to the competent authority, in this case the Catalan Data Protection Authority (Autoritat Catalana de Protecció de Dades) C/ Rosselló, 214, Esc. A, 1r 1a - 08008 Barcelona.

You may access your data, correct or erase them, object to their processing, request the restriction of processing or the transfer to you or a third party, and withdraw your consent to the processing by contacting us.

You can make a complaint to the Catalan Data Protection Authority as well.

General. We reserve the right to amend the terms of this Privacy Policy and will notify you by providing a clear notice of these changes by email or on our Website, and in this Privacy Policy. If you continue to use our Services after such update, you will be deemed to accept the new terms. If you do not accept the update, please notify us and we will terminate your Account and remove any of your personal data (except as required to be maintained for legal purposes), and you will not be able to continue to use our Services.

Unless a specific local regulation sets forth to the contrary, the Privacy Policy is governed by the laws of Spain.