In compliance with EU General Data Protection Regulation (GDPR, 679/2016/UE) and Spanish Personal Data Protection and Digital Rights Guarantees Act (LO 3/2018), we provide you with the following information about the processing of your personal data on our website(s).
- www.freepik.com and www.freepik.es
- www.flaticon.com and www.flaticon.es
In this legal document, the legally obligatory information on the processing carried out on your personal data in the context of our Website is provided.
PERSONAL DATA PROCESSING
The following sections address the collection and processing of your personal information through any of the projects run by Freepik Company, including any of their subdomains and sections.
1. Data controller
FREEPIK COMPANY, S.L.U. as data controller, is responsible for the processing of Users’ personal information on the Website:
FREEPIK COMPANY, S.L.U. with Tax Id no. B-93183366 and registered office in 13 Molina Lario St., 5th floor, zip code 29015, Malaga (Spain). Email: email@example.com.
Data Protection Officer Abisko Data, S. L.
You can send an email to firstname.lastname@example.org to raise any questions, request or exercise of right regarding personal data protection.
2. Website Use under Terms and Conditions
You can only contract our services and validly consent to our Terms and Conditions if you are of legal age.
Our products are directed to people of legal age. In specific cases, we may explicitly allow them to be hired for use by minors. They must be examined and accepted, on the minor behalf, by the person of legal age who is the holder of the parental authority or in charge of their custody or education.
Notwithstanding the aforementioned, if you are a minor, in accordance with our terms and conditions, you cannot validly enter into any of the contracts we offer.
3. Our purposes and lawful basis of data we collect
Your personal data is processed with different purposes. Each processing must be based on a lawful basis, among those set forth by the regulation. We use the following basis:
- Consent: you have given your informed, unequivocal and specific consent to the processing of your personal data aimed to a specific purpose.
- Legal obligation: the law requires process and disclose certain data on occasions to certain institutions (for example, to the Tax Authority).
- Execution of a contract: the data are strictly necessary to provide you with our services or to comply with what was agree with you.
- Our legitimate interests, provided that your interests and rights do not prevail over them.
The legal bases of our data processing carried out through our Website, in relation to the purposes for which we will use your data, are the following:
3.1. Browsing the Website
When you browse and use the Website, even if you do not register, data is automatically collected through technology or automated interactions, such as IP address, device id, certains metadata (HTTP header, your browser, etc.). In addition, information is collected on the number of downloads and searches you perform. These data are recorded in order to control the number of downloads made by each user, thus allowing us to detect a fraudulent or illegitimate use of the Website, and, therefore, guarantee compliance with the Terms and Conditions of Use of the Website, that is, the management of the contractual relationship between you and Freepik.
These technical data observed when the user browser the Website are processed for the purpose of detecting and mitigating risks of attacks (bots, code injections, DDOS attacks), and, generally, to guarantee and maintain the Website security. Our lawful basis is our legitimate interest in protecting the security of our systems and preventing the violation of our terms and conditions.
Personal data processed: IP address, device id and certain metadata such as the browser used or the HTTP/HTTPS header.
3.2. Contractual relationship with our registered users (free or premium)
When you register as a user (either free or "premium"), we request the personal data that we need for the management and fulfillment of our contractual relationship with you.
We do not request, collect or process any special categories of personal data (those that reveal ethnic or racial origin, political opinions, religious or philosophical convictions, union membership and information on health, orientation and sexual life, genetic or biometric data).
When you are requested to provide personal data that is deemed as necessary, due to legal obligation or in accordance with our contracting conditions, and you refuse to provide them, we may not be able to formalize said contract or provide the service, which will be communicated to you properly.
- Personal data processed (free users): username, email address, name, address and profession. Only the email address and username are required.
- Personal data processed (premium users): the above, plus country, city of residence, identity document, tax residence, and means of payment (all data are mandatory).
You can open your account as a registered user on Freepik with your own account on other platforms, such as Facebook, using the federated Logins that you will find at the top of our websites, and access whenever you want through them, without having to create and remember a specific username and password to access Freepik.
This option is possible due to the collaboration between Freepik and these platforms as the joint controllers of the processing of your personal data, so that (i) you can identify yourself directly on these platforms, (ii) they confirm that you are who you say you are, and (iii) we provide you with your login as a registered user on Freepik.
Freepik obtains from these platforms, with your consent, your username, image and email address in order to register you as a Freepik user. These platforms collect online identifiers (IP address), technical identifiers (from your device, as well as their advertising identifiers such as "Google ID" or "Apple ID") and record, each time you use their login, the date and time of your access to Freepik.
You can exercise your rights of access, rectification, erasure, limitation of processing, portability and revocation of consent in relation to the personal data obtained from these platforms (and other data that you may have provided to Freepik in your relationship with us) by contacting Freepik at the email address provided in this policy.
Please note that the rectification or deletion of your data in your Freepik account does not automatically imply the rectification or deletion of your data and accounts on the platforms that authenticate your identity: you must also contact them to exercise your rights.
To exercise your personal data protection rights in relation to any other data arising from your relationship with these platforms, you should contact the relevant platform.
Further information can be found at the following links:
Joint controller addendum (available at this link).
Facebook Data Policy at this link.
Google Privacy & Terms (available at this link).
3.3. Contractual relationship with our external creators
When we formalize a collaboration agreement with you if you are a creator of content to be distributed and licensed by Freepik, we request the personal data that we need for the management and fulfillment of our contractual relationship.
Personal data processed: email address, full name, address, city of residence, tax residence, id documents and way of payment.
3.4. Models included in our content
If you appear as a model of images or videos offered as content on our website, we process your personal data included in the legal documentation and your image and/or voice is incorporated into our products for marketing on our websites, based on your contract with the external creator or directly with us, as the case may be.
Your image and/or voice may be used for purposes of development, training, testing, or improvement of software, algorithms, and machine learning models in combination with other images, texts, graphics, films, audios, and audiovisual works, always in an aggregated form, without the processing pursuing or making it possible to uniquely identify you.
Personal data processed: image or voice and the data recorded in the image rights assignment document -name, surname, identity document or equivalent, and address-.
Your data is publicly communicated worldwide through the internet -our websites- and is transferred to third parties in the form of licenses or access to the content. These international data transfers are made to countries with a level of personal data protection lower than that provided for in the GDPR, under the exception in Article 49(1)(b) of the GDPR.
3.5. Personalized advertising on Freepik and other websites
We promote our products:
- with social networks and other platforms users, between profiles of potential Freepik users, using audience segmented by interests, not created by Freepik but already offered by platforms such as Pinterest, Google and Twitter and hired by Freepik for this purpose. Likewise, we can only identify you if you register as an user.
Our lawful base is our legitimate interests of getting new clients through personalized advertising of our products through profiling offered by social media and other platforms.
Personal data processed: We do not process personal data: we select the groups of users to whom advertising will be displayed based on the segments offered by the platforms, such as age ranges or country. These platforms provide us with aggregated information about the performance of each campaign, but we cannot identify the specific users who have registered as a result of it.
- through retargeting: impacting visitors who have visited and left our Website without registering, when they have accepted the use of our cookies, and these allow us to display advertising to them on third party websites.
3.6. Sending of commercial communications by email
We will send you electronic commercial communications if (i) you have registered or contracted any of the Website Services, (ii) you request information about our products through any of the forms for this on the Website. In any case, we will do so as long as you have not expressed your objection to receiving such communications (you can do this conveniently via the specific slider in your user profile, as well as in each communication you receive, at the bottom, via the "Unsubscribe" button).
We will also send you content updates from the creators you follow, provided that you have specifically consented to this via the specific slider on your user profile. You can revoke your consent by unchecking it.
Our legal basis is our legitimate interest (to offer you commercial information about products or services similar to those that you have already contracted or about which you have requested information), by virtue of art. 21.2 of Law 34/2002 of July 11, of Information Society Services and Electronic Commerce (LSSI).
3.7. Advertisements on our Website
Unless you become a premium user, we will display personalized advertisements on our Website, if you consent the installation of cookies (more information in our Cookies Policy).
3.8. Personalized advertising through preference forms
We offer voluntary surveys to learn about your basic user profile and preferences, in order to personalise your experience in our websites as well as the advertising we show you or the information of interest that we send you, based on the profile in which you place yourself.
The purpose of the processing is to personalize our advertising and information based on the information you decide to provide us, and our legitimate interest is the continuous improvement of our products and services and obtaining relevant information in a transparent, respectful, and close manner.
Personal data subject to processing: username, type of use of our products (personal, freelance, company and its approximate size and industry or activity of the user) and personal preferences filled in the form.
You can object to this processing simply by omitting the response and closing the screens.
Likewise, based on our legitimate interest to know your opinion in order to improve our products’ performance and usability, we may contact you to request your opinion and preferences through satisfaction surveys.
In addition, based on our legitimate interests (improving our products, increasing our sales) we offer you to participate in surveys in order to learn first-hand about your opinions and preferences about our products and, on that basis, to eliminate friction, facilitate their use and improve your interactions with them.) Therefore, we will contact you to ask for your opinion through satisfaction surveys.
Personal data processed: contact information.
3.10. Support requests
When you contact us requesting information or support, we process your data in order to assist you, based on your consent expressed in your own request.
Personal data processed: contact information that you provide us with in order to respond to your request and the content of your request.
3.11. Submitting your resume
When you apply to join the Freepik team or as a freelance designer or collaborator, we process your personal data on the basis of your consent, in order to assess your recruitment.
Personal data processed: contact information and information included in your CV and/or cover letter provided to support you application.
3.12. Professional contact with individual professionals or contact persons in companies.
In the event that you are an individual professional or contact person in a company that we have contacted, or we have collected your data through the form we offer on the websites for this purpose, your data will be processed for the purpose of maintaining professional contact with you as an individual professional or contact person. We will process your data based on the legitimate interest of being able to maintain strictly professional contact with you or the organisation you represent, in the terms set out in article 19 of the LOPDgdd.
Likewise, the legal basis for data processing may be applicable for the performance of the pre-contractual measures requested and preparatory, where appropriate, to the conclusion of an agreement with you or your company. For the agreement signed, the legal basis would be that agreement or the pre-contract.
Personal data processed: name and surname, corporate or non-personal e-mail address, corporate or non-personal telephone number (optional), position (optional) and data contained in the message.
3.13. Legally binding processing.
When in some cases we are legally bound by different regulations (regardless of whether or not you give your consent), to process and / or transfer certain personal data to different entities. For example, to the Tax Authority, or the law enforcement authorities, at their request.
Personal data processed: those set forth in the applicable regulations.
4. For how long do we keep your data
We process your personal data only for the necessary period of time, depending on each case. Once our processing has terminated, we keep your data blocked for different periods of time (in general, until the prescription of the responsibilities that may have arisen from our interactions). The relevant deadlines in each case are listed below:
- In relation to processing carried out to guarantee and maintain the security of our Websites and anti-fraud measures, we will keep your data for thirteen months.
- In relation to the data necessary to provide the contracted service and the contractual relationship, your personal data will be stored while the contractual relationship is still active, and it will subsequently be kept blocked for five years (until the prescription of any contractual liability, or any intellectual property rights claim) and for a period of six years (regarding accounting information).
- In relation to the data necessary to manage and fulfill our contractual relationships with our external designer, your personal data is processed while the validity of the intellectual property rights license remains in force, and they are kept blocked for five more years, (up to the prescription of possible contractual liabilities).
- In relation to the sending of commercial communications by email, the data will be processed for 3 years from the last interaction with you or until you decide to object, whichever is the earliest.
- Regarding the advertisements displayed on our Website by means of cookies, we refer to the descriptive tables available in our Cookies Policy, where you will find detailed information on the persistence or duration of our first-party cookies and links to extended information regarding third-party cookies.
- We process your data to offer you surveys for the duration of our contractual relationship, unless you have objected to receiving them.
- In relation to your non-commercial inquiries, the data will be deleted once they have been answered.
- We will process the data provided for your application process for a period of one year from receipt.
- Regarding the processing carried out in order to manage the Website through cookies, we refer to the Cookies Policy in which you will find detailed information on the persistence or duration of our own cookies and links to detailed information on third-party cookies.
- Regarding the processing of data of the models incorporated in the available content, they will be processed for the duration of the contractual relationship with the external creator, and subsequently retained for a period of five years for the purpose of managing possible liabilities arising from the processing.
- In relation to the processing of data for professional contact, up to a maximum of 3 years from the last interaction or until you object to the communication, whichever is the earliest.
- We will keep your data in relation to the fulfillment of any legal obligation, in general, during the limitation periods of the possible responsibilities derived from our data processing, and specifically during the periods imposed by the regulation in each case.
5. Data Update
We ask that you to immediately notify us of any changes to your data so that the information contained in our systems is up-to-date at all times and does not contain errors. In this sense, you represent and guarantee that the information and data that you have provided us is accurate, current and truthful.
6. Disclosure of data
Freepik Company does not transfer nor share collected personal data with third parties external to the company.
Access by third parties providing services to us
- Service providers, to manage systems and information technology such as hosting, broadband, IT security or web analytics providers.
- Payment platforms, banks and companies involved in the transaction process, to ensure the fulfilment of the necessary transactions.
- Advertising platforms, CRM and other marketing tools.
- Recruitment management platforms.
- User support management platforms.
- Lawyers, auditors, legal and accounting consultancy services and financial institutions.
In accordance with our commitment to your privacy and your data protection right, we exclusively choose only top-tier service providers, leaders in their respective sectors. You can request the list of providers that have access to your personal data, as well as the services provided by each one, through the email address provided in the exercise of rights section.
We commercially exploit the advertising that is shown to you on our Website by third parties, and we do so through "cookies" and other similar technologies, always with your prior consent, collected through the One Trust CMP (the configuration panel of cookies that informs you of the different purposes of data processing developed by the advertising companies, among others).
You can find the complete information in our Cookies Policy.
Our Website also includes plugins which allow the User to carry out actions on social networks of third parties such as Facebook, Twitter or Pinterest, like, for instance, sending a publication or showing support to the website. These plugins are indicated with the corresponding social network logotype, and require the access data to the correspondent platform, and your consent.
If you accept these plugins, the content will be transferred to the corresponding social network. You can find in our Cookies Policy links to the privacy statements of these social networks.
Data flows within the Freepik Group of Companies
The Freepik Company Group of Companies, in order to centralise administrative and business infrastructure functions and to benefit from the functional specialisation and compartmentalisation inherent in these corporate structures, will process personal data within the group of suppliers, users and employees based on our legitimate corporate interests.
Depending on the case, this processing is mainly carried out as a processor and, exceptionally, as a joint controller (for the execution of strategic decisions of the Group).
Data origin: each of the Group's subsidiaries collects the relevant data directly from the data subject in each case.
Personal data processed: basic identification and contact data, data required to log in (single login), economic and professional data, image, audio and video data (contractual management of suppliers - creators and models), data and metadata specific to web browsing (IT processing and web security).
Processing with an impact on the user's web experience: The single login or centralised management of user data from Freepik Company allows us to facilitate access to services, improve user knowledge and offer products or services from other companies in the group; manage in management of incident support and rights, as well as improving the security and transversal management of our services.
Data subjects have the right to object to any of these processing operations based on our legitimate interests through the channels described in the following section.
7. Rights of the user
We guarantee the exercise of rights established in the General Data Protection.
You can exercise the rights described below in the following ways: logging in the User account by clicking on this link, through the support form available on the Website or by emailing us at email@example.com.
Please note that Freepik Company may require you to verify your identity before taking action on the request for the exercise of rights.
You have the following rights:
- Transparency and information on how we process your personal data (right to be informed). Right that we satisfy, for example, through this legal text.
- Right to request a copy of the information we hold, which will be provided to you within a month (right of access).
- Right to update or modify the information we have if it is incorrect or inaccurate (right of rectification).
- Right to request us to stop processing your information while a complaint is being resolved, among other cases (right to limit processing).
- Right not to be subject to a fully automated decision based solely on the processing of your data, which produces legal effects concerning you or significantly affects you (right not to be subject to automated individual decisions).
Additionally, when we process your personal data based on your consent or on our contractual relationship with you:
- Right to request that we delete personal data from our records (right to erasure or "to be forgotten"). You can carry out this request at any time by closing your account, through your profile section.
- Right to obtain and reuse personal data for your own purposes (right to data portability).
- Right to revoke at any time the consent previously given to any of our processing of your personal data.
Or, when we process your personal data based on our legitimate corporate interests:
- Right to object to the processing of personal data based on our legitimate interests claiming circumstances based on your personal situation (right to object). You can oppose these treatments related to the sending of advertising both in the registration form, as well as through your own profile, by unchecking the box enabled in the "Notifications" section and through any of the commercial communication we send to you.
8. Data security
We have implemented strong security controls to safeguard User’s personal information against loss, misuse, unauthorized access, disclosure or alteration.
For example, to protect your personal data, Secure Socket Layer (SSL) technology is used during the transmission of data. This means that an approved encryption procedure is used for communication between your computer or device and Freepik's servers, as long as your browser supports SSL.
9. International data transfers
We carry out international data transfers in relationship with some of the processing described in the previous clause with certain data processors: subcontractors and content delivery networks to help us to deliver our Services.
A data processor, as already said, is an external subcontractor that we hire, and that may have access to personal data about users or collaborators, or that stores them in the context of the service provided to us.
Some of these external service providers are located outside of the European Economic Area (EEA), so the processing of your personal data involves an international data transfer.
Our international data transfers can occur to countries with a level of protection of personal data potentially lower than that imposed by the RGPD. Said international data transfers are covered by standard contractual clauses (art 46.2.c) GDPR).
10. Complaint submission
If you, the User, do not agree with the way Freepik Company processes your personal data, you can contact us by sending an email to firstname.lastname@example.org or by contacting directly to the Spanish Data Protection Agency (Agencia Española de Protección de Datos, AEPD, in Spanish) here www.aepd.es.