Data protection & privacy policy

All terms not defined below are defined in the main TOS.

1. Introduction

This Data Protection and Privacy Policy (the "Data Protection & Privacy Policy") applies to all services offered by Random Sounds, Inc. and explains how we collect, use, protect, and disclose information when you use our Site and Services. We comply with applicable privacy laws, including the GDPR, CCPA/CPRA, and LGPD.

Your use of our Site and Services is also governed by our main Terms of Service (TOS). By accessing or using the Site and Services, you confirm that you have read, understood, and agree to the practices described in this Policy and our main TOS.

2. Information we collect

We collect various types of information to provide and improve our Site and Services.

a) Information You Provide Directly to Us: This is information you give us when you interact with our Site and Services;
b) Account and Contact Data: When you create Your Account on the Site or purchase or subscribe to the Services, you provide us with personal details such as your name, email address, mailing address, phone number, and account password. We may collect additional information if you submit documentation for royalty payments, such as tax identification numbers or nationality, in jurisdictions that require it. Inaccurate or outdated information may lead to the termination of Your Account.  We do not intentionally collect or require sensitive personal data (such as racial or ethnic origin, political opinions, religious beliefs, health data, or biometric identifiers). If such information is provided voluntarily, it will be processed only with your explicit consent or where legally required.
c) Financial Information: In relation to purchases and/or subscriptions, you may be required to provide credit card number, expiration date, billing address, and shipping information. We use third-party services to facilitate payments.
d) User Content: Our Site allows you to post, link, store, share, and make available Content. You are responsible for the Content you make available, including its legality and appropriateness.
e) Communications and Submissions: If you contact us with Submissions, we might use them for marketing and promotional purposes.
f) Information Collected Automatically (Usage Data): When you access and use the Site, we automatically collect certain information about your device and activity.
g) Technical Data: This includes your device's Internet Protocol (IP) address, browser type and version, and unique device identifiers.
h) Browse Data: We collect information about the pages of the Site that you visit, the time and date of your visit, and the time spent on those pages.
i) Analytics Data: We utilize analytics tools to monitor and analyze the usage of the Site and Services, gathering data on user behavior, engagement trends, and technical diagnostics to improve user experience. For detailed information, please refer to our Analytics Policy. By accessing the Site, you agree to these data collection practices.
j) Cookies and Tracking Technologies: We use cookies and similar tracking technologies (e.g., beacons, scripts) to track activity on the Site and store certain information. You can manage your preferences for these technologies through your browser settings or, where applicable, via our Cookie Policy, which provides more detailed information. For EU/EEA users, a clear consent mechanism for non-essential cookies is provided upon your first visit to our Site. You may change or withdraw your cookie preferences at any time through our Cookie Preference Centre, accessible via the footer of our Site. This allows you to manage non-essential cookies beyond browser-level controls.

3. How we use your information

We use the information we collect for various business and commercial purposes:
a) Service Provision: To operate, maintain, and provide you with access to the Site and Services, including processing your purchases and/or subscription to the Services and managing Your Account.
b) Communication: To send you administrative notices, updates, newsletters, promotional, or marketing materials you've subscribed to. You can opt out of these communications at any time. We recognize and respond to Global Privacy Control (GPC) signals and other legally recognized opt-out preference signals where required by law.
c) Personalization and Improvement: To understand how you use the Site and Services, improve user experience, and develop new features and offerings.
d) Security and Fraud Prevention: To detect, prevent, and address technical issues, unauthorized access, fraud, or other illegal activities.
e) Legal Compliance: To comply with our legal obligations, including adherence to U.S. and international laws and regulations, such as those related to sanctions and export controls.
f) Enforcement: To enforce our TOS, including monitoring transactions and communications for breaches of terms.

For users located in the European Union or European Economic Area, we process your personal data based on the following legal grounds:

a) Performance of a Contract: Processing is necessary for the performance of the contract with you to provide our Site and Services (e.g., managing Your Account, processing purchases or subscriptions).
b) Legitimate Interests: We process data where it is necessary for our legitimate interests, provided these interests do not override your fundamental rights and freedoms. This includes purposes such as personalization and improvement of Services, security and fraud prevention, and enforcement of our TOS.
c) Consent: Where required by law, or for specific purposes not covered by other legal bases, we rely on your explicit consent (e.g., for certain marketing communications, which you can opt-out of at any time).
d) Legal Obligation: Processing is necessary for compliance with our legal obligations, such as adhering to U.S. and international laws and regulations.

We do not use your personal data for automated decision-making that produces legal or similarly significant effects without your explicit consent. We may use automated tools, including artificial intelligence and machine learning technologies, to analyze user interactions, recommend content, and improve our services. These tools do not produce legal or similarly significant effects without human involvement. You may request further information on our use of such tools by contacting us.

4. How we share and disclose your information

We may share your information with third parties in the following circumstances:

a) Service Providers: We engage trusted third-party service providers to perform functions on our behalf, such as payment processing, data hosting, analytics, and customer support. These providers are obligated to protect your information and use it only for the purposes for which it was provided.
b) Publicly Available Content: Any Content you post on the Site, such as sound recordings, musical recordings, artworks, and metadata, is made publicly available to other users. We do not guarantee confidentiality for such Content.
c) Business Transfers: In the event of a merger, acquisition, restructuring, or sale of all or a portion of our assets, your personal information may be transferred as part of that transaction. We will provide notice before your personal information is transferred and becomes subject to a different privacy policy.
d) Legal Requirements and Protection: We may disclose your information if required to do so by law or in response to valid requests by public authorities (e.g., a court order or government agency). We may also disclose information to protect our rights, property, or safety, or the rights, property, or safety of our users or the public.
e) With Your Consent: We may share your information with third parties for any other purpose with your explicit consent.

A list of current sub-processors, including their geographic locations, is available upon request.

5. Data protection and international transfers

The Site is hosted and operated in the United States of America. If you access our Site and Services from outside the United States, particularly from: a) LATAM region; b) the European Union (EU) or European Economic Area (EEA), please be aware that your personal data will be transferred to and processed in the United States. The United States may not have the same data protection laws as your region.

We are committed to safeguarding your personal data during international transfers. For users accessing from regions with data protection laws that differ from those in the United States, such as LATAM, the EU or EEA, we ensure appropriate safeguards are in place to protect your data. For users located in the EU/EEA, we rely on the European Commission’s Standard Contractual Clauses (SCCs) for data transfers. For LATAM users, including those in Brazil, Mexico, and Argentina, we comply with applicable local data transfer and localization requirements. For country-specific inquiries, please contact us at support@sounds.co.

Regardless of your location, we strive to extend certain baseline privacy rights to all users globally, including the right to access, correct, delete, and obtain a copy of your personal data. Specific rights under your local laws are described in the sections below

6. Your privacy rights as a Delaware resident

Effective January 1, 2025, the Delaware Personal Data Privacy Act (DPDPA) grants Delaware residents specific rights concerning their personal data. We are committed to upholding these rights.

a) Right to Confirm and Access: You have the right to confirm whether we are processing your personal data and to access such data.
b) Right to Correct Inaccuracies: You have the right to request corrections to inaccuracies in your personal data, taking into account the nature of the personal data and the purposes of the processing of the personal data.
c) Right to Delete: You have the right to request the deletion of personal data provided by you or obtained about you.
d) Right to Data Portability: You have the right to obtain a copy of your personal data that you previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another controller without hindrance, where the processing is carried out by automated means.
e) Right to Opt-Out of Certain Processing: You have the right to opt out of the processing of your personal data for:
i) Targeted advertising.
ii) The sale of personal data.
iii) Profiling in furtherance of solely automated decisions that produce legal or similarly significant effects concerning you.
f) Right to Appeal: If we decline to take action regarding a request you make to exercise your privacy rights, you may appeal our decision by contacting us at support@sounds.co. We will respond to your appeal within sixty (60) days of receipt.
g) Non-Discrimination: We will not discriminate against you for exercising any of your privacy rights.

7. Your privacy rights as a California Resident

If you are a California resident, you have certain rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA). These rights include:

8. Your privacy rights as an EU/EEA resident

If you are located in the European Union (EU) or European Economic Area (EEA), you have certain data protection rights under the General Data Protection Regulation (GDPR). We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data. Your rights include:

- The right to access: You have the right to request copies of your personal data.
- The right to rectification: You have the right to request that we correct any information you believe is inaccurate.
- The right to erasure ('right to be forgotten'): You have the right to request that we erase your personal data, under certain conditions.
- The right to restrict processing: You have the right to request that we restrict the processing of your personal data, under certain conditions.
- The right to object to processing: You have the right to object to our processing of your personal data, under certain conditions.
- The right to data portability: You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
- The right to withdraw consent: You also have the right to withdraw your consent at any time where we relied on your consent to process your personal information. To exercise any of these rights, please contact us at support@sounds.co. We will respond to your request within one (1) month. If your request is complex, we may extend this period by two (2) further months, and we will inform you if this is the case.

9. Data Retention

We retain personal data in accordance with the following general schedule:

- Account and contact data: duration of account + up to two (2) years.
- Financial transaction data: seven (7) years (tax/accounting).
- Content: duration of account plus one (1) year unless deletion requested earlier.
- Usage data: up to two (2) years unless longer retention is needed for security or compliance.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Generally, we will retain your account and contact data for the duration of Your Account and for a period thereafter as required by law or for our legitimate business purpose.

10. How to exercise your rights

To exercise any of the rights described above, please submit a verifiable consumer request to us by:

a) Emailing us at: support@sounds.co
b) Writing to us at: Random Sounds, Inc., 1201 North Market Street, Suite 111, Wilmington Delaware 19801, United States.

We will endeavour to respond to your request within forty-five (45) days of receipt. We may extend this period by an additional forty-five (45) days when reasonably necessary, provided we inform you of any such extension within the initial forty-five (45) day period.

11. Children's privacy

Our Site and Services are not intended for children under the age of thirteen (13). We do not knowingly collect personally identifiable information from anyone under thirteen (13). If you are a parent or legal guardian and believe your child has provided us with personal data, please contact us immediately. If we become aware that we have collected personal data from children without verification of parental consent, we will take steps to remove that information from our servers.

Minors may use our Site and Services only under the supervision of a parent or legal guardian who agrees to be bound by our TOS. For users in jurisdictions where the age of digital consent is higher than thirteen (13) (e.g., sixteen (16) under GDPR), we require verified parental or guardian consent for minors. If you are the parent or legal guardian of a Minor, you agree to fully indemnify and hold us harmless if the Minor breaches any of our terms.

12. Data Security

We implement commercially reasonable technical, physical, and administrative safeguards designed to protect your personal information from unauthorized access, use, alteration, and disclosure such as TLS encryption of data transmission, role-based access controls etc. However, please be aware that no method of transmission over the Internet or method of electronic storage is one-hundred per cent (100%) secure. While we strive to use acceptable means to protect your personal data, we cannot guarantee its absolute security.

In the event of a data breach that is likely to result in a risk to your rights and freedoms, we will notify you and the appropriate supervisory authorities in accordance with applicable laws.

13. Third-party links and services

Our Site may contain links to Third-Party Services. We do not control these third parties or their services, and this Data Protection & Privacy Policy does not apply to their data collection practices. Your use of Third-Party Services is at your own risk. We strongly recommend that you review the terms of service and privacy policies of any Third-Party Services you visit.

We provide further detail about these third parties and their practices in our Cookie Policy.

Please note that when you use the Site, third parties may be able to collect information about your online activities over time and across different websites, apps, or online services, such as through cookies or other tracking technologies. We do not have control over such third-party data collection practices, and they may differ from ours.

14. Changes to this privacy policy

We may update our Data Protection & Privacy Policy from time to time. The "Date of Last Update" at the top of the TOS indicates when it was last revised. We reserve the right to revise this Data Protection & Privacy Policy at our sole discretion at any time and without prior notice other than by posting the revised Data Protection & Privacy Policy on the Site. Any changes are effective upon posting. We will provide notice of material changes through prominent announcements on the Site or via email to the contact information associated with Your Account. Your continued use of the Site after a revised version has been posted constitutes your binding acceptance of such revision.

15. Contact us

If you have any questions about this Privacy Policy or our data practices, please contact us:

By email: support@sounds.co (if located within the EU/EEA this will be sent to our Data Protection Officer.
By Mail: Random Sounds, Inc., 1201 North Market Street, Suite 111, Wilmington Delaware 19801, United States.

Have more questions?

Visit our Support Center or send us a message and we'll be happy to advise you

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