Privacy Policy

Last Updated October 11, 2022

Tribe of Noise BV ("us", "we", or "our") operates the Free Music Archive - https://www.freemusicarchive.org - website (the "Service").
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy.

1. Definitions

Service
Service is the Free Music Archive - https://www.freemusicarchive.org - website operated by Tribe of Noise BV

Personal Data
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Usage Data
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

User Generated Content (UGC)
Data that you make public on your Free Music Archive page or the pages of other members.

Cookies
Cookies are small pieces of data stored on your device (computer or mobile device).

Data Controller
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.

Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.

Data Subject (or User)
Data Subject is any living individual who is using our Service and is the subject of Personal Data.

2. Information Collection And Use

a. Even if you do not log into the Free Music Archive, some information about your visit will be automatically recorded in our server access log. Whenever you browse or access the Site, we will record personal information including, but not limited to, your IP address, browser type, web page(s), video and/or audio file(s) accessed, and the date and time of your visit.

b. When you access the Site, FMA collects some information about your visit using tools like Google Analytics, which collects information such as the country or city where you’re visiting from, tracks you click on to stream or download, how long you stayed on each page, which web browser you used, and similar information. We collect this information to better meet the needs of our visitors, maintain good security practices, monitor for abuse, and to report on grant-funded initiatives that sustain the work of the Site. You may opt out of Google Analytics tracking by using their browser add-on: https://tools.google.com/dlpage/gaoptout.

c. Users who browse the Site without logging in are still recorded as traffic, but visits are not associated with personal information that is used to identify Members of the site such as username, email address, etc.

d. Users who browse the archive through our apps are subject to the policies of iTunes and Google Play, respectively, depending on what operating system they access the app from and what they do within the app.

e. We use aggregated browsing information to observe traffic on the Site and to improve the services and functionality of the Site.

3. Types of Data Collected

Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

• Email address
• Current city
• Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Usage Data
We may also collect information how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time and date of song uploads and other diagnostic data.

User Generated Content
We store information that you make public on your profile page, song pages or pages of other FMA members (e.g. you and other members can give feedback on profiles and songs uploaded). When logged in you can message a FMA member via the “Contact” option. We may keep a copy of your message for legal purposes (e.g. if a FMA member sends spam we can gather proof and block or delete their account).

Cookies
Like many websites, this website sets and uses cookies to enhance your user experience — to remember your personal settings, for instance. Advertisements may display on this website and, if so, may set and access cookies on your computer; such cookies are subject to the privacy policy of the parties providing the advertisement. However, the parties providing the advertising do not have access to this site's cookies. These parties usually use non-personally-identifiable or anonymous codes to obtain information about your visits to this site.

For more information about this type of online advertising, about cookies, and about how to turn this feature off, please visit this link.

Please note that turning off advertising cookies won’t mean that you are not served any advertising, merely that it will not be tailored to your interests.

 

4. Use of data

Data may be used to customize and improve your user experience on this site. Efforts will be made to prevent your data from being made available to third parties unless

1. provided for otherwise in this Privacy Policy;
2. your consent is obtained, such as when you choose to opt-in or opt-out for the sharing of data;
3. a service provided on our site requires interaction with a third party, or is provided by a third party, such as an application service provider; (iv) pursuant to legal action or law enforcement;
4. it is found that your use of this site violates the site editor's policy, terms of service, or other usage guidelines, or if it is deemed reasonably necessary by the site editor to protect the site editor's legal rights and/or property;
   or
5. this site is purchased by a third party, in which case that third party will be able to use the data in the same manner as set forth in this policy.

In the event you choose to use links displayed on this website to visit other websites, you are advised to read the privacy policies published on those sites. We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and would like to know your options in relation to not having this information used by these companies, click here.

5. Advertising

This Site is affiliated with Freestar for the purposes of placing advertising on the Site, and Freestar will collect and use certain data for advertising purposes. To learn more about Freestar's data usage, click here: https://freestar.com/privacy-policy/.

6. Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), our legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

We may process your Personal Data because:

• We need to perform a contract with you
• You have given us permission to do so
• The processing is in our legitimate interests and it's not overridden by your rights
• For payment processing purposes
• To comply with the law

7. Retention of Data

We retain your data as long as you have an account with us. The reason for this is to increase the usability / customer experience. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods. In the event our analysis show that you have not logged in for 12 months or longer we might contact you and delete your account and (Personal) Data from Tribe of Noise.

8. Transfer of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside The Netherlands and choose to provide information to us, please note that we transfer the data, including Personal Data, to The Netherlands and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

9. Disclosure of Data

Business Transaction
If we are involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

Disclosure for Law Enforcement
Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements
We may disclose your Personal Data in the good faith belief that such action is necessary to:

• To comply with a legal obligation
• To protect and defend the rights or property of Tribe of Noise BV
• To prevent or investigate possible wrongdoing in connection with the Service
• To protect the personal safety of users of the Service or the public
• To protect against legal liability

10. Security of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

11. "Do Not Track" Signals

We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

12. Your Data Protection Rights Under General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

• By email: mydata@tribeofnoise.com
• By phone number: +31 20 775 44 11

In certain circumstances, you have the following data protection rights:

The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.

The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

The right to object. You have the right to object to our processing of your Personal Data.

The right of restriction. You have the right to request that we restrict the processing of your personal information.

The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.

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.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

13. Service Providers

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

14. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. We use the data collected to track and monitor the use of our Service. Your IP address is anonymized before it is sent to Google and we do not allow Google to use the data collected via our service for its own causes.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity. The add-on can be found here: https://tools.google.com/dlpage/gaoptout

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy

15. Payments

We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

• PayPal Their Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full
• Wise Their Privacy Policy can be viewed at https://wise.com/gb/legal/privacy-policy

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

16. Minors

a. This website is intended for adults only, and we will not knowingly collect personal information from minors under thirteen (13) years of age. If you are a parent or legal guardian of a minor under age thirteen (13) who you believe has submitted personal information to this site, please contact us immediately.

17. Updates and more information

 

Our previous Privacy Policy has been preserved here. If you have any questions about this Privacy Policy, please contact us:

• By email: mydata@tribeofnoise.com
• By phone number: +31 20 775 44 11