Privacy Policy

The SoundCheckd mobile application and the website at soundcheckd.app are operated by FLY HIGHER ("FLY HIGHER", "we", "us", "our"), a partnership (vennootschap onder firma) established in the Netherlands. FLY HIGHER is the controller of the personal data described in this Privacy Policy within the meaning of the General Data Protection Regulation (Regulation (EU) 2016/679, the "GDPR"). This policy explains what personal data we collect, the purposes for which we use it, the legal bases on which we rely, how long we keep it, whom we share it with, and the rights available to you. You can reach us on any privacy matter at info@soundcheckd.app. We are not required to appoint a Data Protection Officer under Article 37 GDPR and have not appointed one; privacy requests are handled directly at the address above.

When you create an account we collect your email address and username and, where you choose to provide them, your first name, last name, and date of birth. When you use the Service we store the content you create: ratings, reviews, concert logs, playlists, comments, and collection entries. If you upload a profile picture we store that image on our servers. If you contact us by email we process your email address and the content of your message in order to respond to you.

SoundCheckd is a social service. Unless you set your account to private, your profile and the content you create — ratings, reviews, concert logs, playlists, comments, collection entries, and recordings — are public and can be viewed by other users and, where applicable, by anyone on the web. If you set your account to private in the app settings, your content is visible only to followers you have approved. You control this setting at any time. Bear in mind that content that was public may already have been viewed or copied by others before you made your account private.

When you use the Service we automatically receive certain technical data: your IP address, your device model and operating system version, the app version you are running, a device token used to deliver push notifications, and — where you have consented to it — your device advertising identifier. We use this data to operate and secure the Service, to diagnose faults, and to serve advertising as described below. We do not use any third-party analytics, attribution, or crash-reporting service, and we do not construct advertising profiles ourselves.

We process your personal data for the purposes below, on the legal bases set out in Article 6(1) GDPR:

— To create and administer your account, authenticate you, and make the Service available to you: performance of our contract with you, Article 6(1)(b).

— To publish the content you create to your followers and, where your profile is public, to other users and the public: performance of our contract with you, Article 6(1)(b).

— To deliver push notifications about activity relating to your account: performance of our contract with you, Article 6(1)(b). You can disable notifications at any time in your device settings.

— To provide and verify a SoundCheckd Plus subscription and keep your entitlement accurate: performance of our contract with you, Article 6(1)(b).

— To serve personalised advertising and to use your device advertising identifier: your consent, Article 6(1)(a), which you may withdraw at any time.

— To serve non-personalised advertising where you have not consented: our legitimate interest in funding a service offered free of charge, Article 6(1)(f).

— To keep the Service secure, prevent abuse and fraud, enforce our Terms of Service, and debug faults: our legitimate interest in the security and integrity of the Service, Article 6(1)(f).

— To comply with legal obligations, including tax and accounting record-keeping: compliance with a legal obligation, Article 6(1)(c).

We do not sell your personal data. We do not carry out automated decision-making, including profiling, which produces legal effects concerning you or similarly significantly affects you within the meaning of Article 22 GDPR.

Accounts without an active SoundCheckd Plus subscription are shown advertising served through Google AdMob. AdMob is provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland for users in the European Economic Area, the United Kingdom, and Switzerland, and by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States for users elsewhere.

If you are in the European Economic Area or the United Kingdom, we present a consent form provided by Google’s User Messaging Platform before any advertising is requested. That form asks whether you agree to the use of your data by us and by Google’s advertising partners for personalised advertising and related purposes. You can review or change that choice at any time in the app under Settings, then Ad Privacy.

Separately, on iOS we present the App Tracking Transparency prompt required by Apple Inc., which asks whether you permit the use of your device advertising identifier. You can change that permission at any time in your device settings under Privacy & Security, then Tracking. If you decline either prompt you will still be shown advertising, but it will not be personalised.

Google processes advertising data in accordance with its own policies, which you can review at policies.google.com/privacy and policies.google.com/technologies/partner-sites, and you can manage your Google advertising preferences at myadcenter.google.com. Subscribers to SoundCheckd Plus are shown no advertising.

SoundCheckd Plus is purchased as an in-app subscription through Apple Inc. Apple Inc. processes the payment; we never receive or store your card details or any other payment instrument. We receive and store a transaction identifier together with your subscription status — active, expired, or cancelled — and the renewal date, so that we can provide Plus features and keep your entitlement accurate. The processing of your payment by Apple Inc. is governed by its own privacy policy, available at apple.com/legal/privacy.

If you sign in with Apple or with Google, we receive a token from Apple Inc. or from Google confirming your identity, together with the email address associated with that account — or, where you use the Hide My Email feature of Apple Inc., the relay address it generates for you. We never receive or store your Apple or Google password. Your use of those sign-in services is governed by the privacy policy of Apple Inc. at apple.com/legal/privacy and that of Google at policies.google.com/privacy.

We share personal data only with the providers needed to operate the Service:

— DigitalOcean, LLC — hosting of our application and media storage.

— Apple Inc. — Sign in with Apple, delivery of push notifications through the Apple Push Notification service, and payment processing for subscriptions.

— Google Ireland Limited and Google LLC — advertising through Google AdMob, and Sign in with Google.

DigitalOcean, LLC and Apple Inc. act as our processors within the meaning of Article 28 GDPR in respect of hosting, notifications, and payment processing, and are bound by data processing terms. In respect of advertising, Google acts as an independent controller, or as a joint controller for certain processing, as set out in its own terms. We may also disclose personal data where we are required to do so by law, by a court order, or by a competent authority, or where disclosure is necessary to establish, exercise, or defend legal claims.

Your data is stored on servers operated by DigitalOcean. Some of our providers, in particular Apple Inc. and Google LLC, may process personal data outside the European Economic Area, including in the United States. Where they do, the transfer is covered by an appropriate safeguard under Chapter V GDPR — in practice the Standard Contractual Clauses adopted by the European Commission and, where the recipient is certified, the EU–US Data Privacy Framework. You may request further information about the safeguard applicable to a given transfer at info@soundcheckd.app. We apply technical and organisational measures appropriate to the risk, including encryption of data in transit, hashed credentials, and restricted administrative access.

We do not delete your data on a fixed schedule. Your data is retained for as long as you choose to keep it on the Service — that is, indefinitely, until you delete it yourself:

— Account data, being your email address, username, and any optional name or date of birth: retained until you delete your account.

— Content you create, being ratings, reviews, concert logs, playlists, comments, collection entries, uploaded images, and recordings: retained until you delete the individual item or your account. Nothing is removed automatically over time.

— Technical and security data, being your IP address, device and app version, and push token: retained while your account exists and for as long as necessary for the security purposes for which it was collected, including the investigation of a specific security incident.

— Advertising consent records: retained for as long as your consent remains valid and thereafter for as long as we must be able to demonstrate that it was given.

— Subscription and transaction records: retained for seven years, as required by Dutch tax law, regardless of account deletion.

When you delete an individual item, it is removed from the Service immediately. When you delete your account, your personal data is permanently erased from our production systems within 30 days, and from our backups as those backups are rotated out, save for the limited records above that we are legally required to keep.

Under the GDPR you have the right to obtain confirmation of whether we process your personal data and to access a copy of it (Article 15); to have inaccurate data corrected and incomplete data completed (Article 16); to have your data erased (Article 17); to obtain restriction of processing (Article 18); to receive the data you provided to us in a structured, commonly used, machine-readable format and to have it transmitted to another controller (Article 20); and to object at any time to processing based on our legitimate interests (Article 21).

Where we rely on your consent, you may withdraw it at any time without affecting the lawfulness of processing carried out before the withdrawal: for advertising consent, in the app under Settings, then Ad Privacy; for tracking, in your device settings.

You can delete your account, and with it your personal data, directly in the app under Settings. For any other request, contact us at info@soundcheckd.app. We will respond within one month of receiving your request; where the request is complex we may extend that period by up to two further months and will tell you within the first month if we do. Exercising your rights is free of charge unless a request is manifestly unfounded or excessive.

If you consider that our processing of your personal data infringes the GDPR, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, your place of work, or the place of the alleged infringement. Our lead supervisory authority is the Dutch Data Protection Authority, the Autoriteit Persoonsgegevens, at autoriteitpersoonsgegevens.nl.

The Service is not directed to, and may not be used by, children under 13 years of age. Where the law of your country of residence sets a higher minimum age for using an online service or for consenting to the processing of personal data — in a number of EEA Member States that age is 14, 15, or 16 — that higher age applies and the Service may not be used below it. We do not knowingly collect personal data from anyone below the applicable minimum age. If we become aware that we have done so, we will delete the data and terminate the account without undue delay. If you believe that a child has provided us with personal data, contact us at info@soundcheckd.app.

We may update this Privacy Policy from time to time, for example to reflect a change in the Service, in the providers we use, or in applicable law. When we do, we will update the date shown above and, where the change is material, notify you in the app before it takes effect. Where a change requires your consent under applicable law, we will ask for that consent separately. Your continued use of the Service after an updated policy takes effect constitutes acknowledgement of it.

For any privacy-related question, or to exercise any of the rights described above, contact FLY HIGHER at info@soundcheckd.app.