Privacy policy

The controller for the processing of personal data on songfy.app is Nautigo GmbH, Schleiderweg 62, 40789 Monheim am Rhein, Germany, represented by the managing directors Julian Jorek, Nils Jorek. The court of registration and the registration number are in the legal notice.

For questions about data protection and to exercise your rights, contact us at hello@songfy.app. We are not required to appoint a data protection officer.

songfy works without a customer account. We only collect the data we need to create a song, process the payment, deliver the song to you and run the site securely. We use analytics and advertising services only with your consent (section 15). We do not sell data.

• Visiting the website (hosting, delivery, security): Cloudflare. Legal basis Art. 6(1)(f) GDPR.
• Your entries in the form, including about the person receiving the gift: contract and pre-contractual steps, Art. 6(1)(b) GDPR, for details about the recipient Art. 6(1)(f) GDPR.
• Optional name recording: your consent, Art. 6(1)(a) GDPR.
• Creating and checking the song at Google (Gemini, Lyria): Art. 6(1)(b) GDPR.
• Payment, VAT and invoices at Stripe: Art. 6(1)(b) and (c) GDPR.
• Email with the song link and contract confirmation: Art. 6(1)(b) and (c) GDPR.
• Withdrawal function: Art. 6(1)(b) and (c) GDPR.
• Bot protection (Cloudflare Turnstile), abuse protection, error reports and monitoring: Art. 6(1)(f) GDPR.
• Storage of songs and data at Cloudflare R2: Art. 6(1)(b) and (f) GDPR.
• Analytics and ad measurement (Meta Pixel), only with your consent: Art. 6(1)(a) GDPR and § 25(1) TDDDG.

Our website and our interface run at Cloudflare, Inc., 101 Townsend St, San Francisco, CA 94107, USA (Cloudflare Workers and Containers), with which we have a data processing agreement. When you visit, Cloudflare processes, as technically necessary, your IP address, date and time, the requested address, information about your browser and device, and the country the request comes from. This serves to deliver the page, keep it stable and protect it against attacks and abuse.

Cloudflare determines the country from your IP address. We only use the two-letter country code to show and charge the price in your country's currency. We do not store your IP address in our own logs.

The legal basis is Art. 6(1)(f) GDPR. Our legitimate interest is the secure and stable operation of the site and a price that fits your country.

For your song we ask for: name and relationship of the recipient, occasion, your memories as free text, language, music style, voice and production mode, and optionally your own name and a pronunciation hint. Without these details we cannot create the song. The legal basis is Art. 6(1)(b) GDPR, for details about the recipient Art. 6(1)(f) GDPR (interest in performing our contract with you by creating a personal gift).

Please do not enter health data, details about religion, political opinion or sex life, or other sensitive details about third parties, only content that will please the recipient. You are responsible for being allowed to use the details about the recipient.

The recipient learns nothing from us because we have no contact details for them, unless you book delivery on a date of your choice and give their email address (section 8). This notice also serves as information under Art. 14 GDPR. The recipient can contact us at hello@songfy.app at any time and exercise their rights under section 17.

Your entries are stored on our server once you complete the form. Until then a draft is only in your browser (see section 15).

Rewrite: If you create a rewrite, we store the changed details (style, voice, pronunciation) and your wish for what should be different like the other entries and process them in the same way (section 5). The first version stays stored.

Gift card as PDF: We use the message you enter for the card only to create the PDF at that moment. We do not store it.

To create the song we send your entries to Google (Gemini API and Lyria, Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, and the European Google companies). Google writes the lyrics, creates the music and vocals, listens to the generated versions for our quality check (transcription) and checks entries and results for unlawful content (moderation).

We use Google's paid interface. Under the terms that apply to it, Google processes the data to provide the service and does not use it to train its models. Google may retain requests for a limited time to detect abuse and to meet legal obligations.

The legal basis is Art. 6(1)(b) GDPR. The quality and content check is automatic. We make no decisions based solely on automated processing with legal effect within the meaning of Art. 22 GDPR. If the check holds back a song, a person will look at it on request (hello@songfy.app).

The transfer to the USA relies on the adequacy decision on the EU-US Data Privacy Framework, supplemented by standard contractual clauses (section 14).

If you speak the recipient's name or upload an audio file so that we write down the pronunciation correctly, this happens only with your express consent (Art. 6(1)(a) GDPR). The recording is limited to five seconds and should contain only the name.

The recording is sent to Google Gemini in the USA, evaluated once there and deleted on our side immediately afterwards. We do not store it and do not use it for the song. Only the spelling of the pronunciation that you confirm is stored. To protect against abuse we limit the number of attempts as described in section 10 (Art. 6(1)(f) GDPR).

You can withdraw your consent at any time with effect for the future by writing to hello@songfy.app or by not using the function. Withdrawal does not affect the lawfulness of processing carried out until then. Because we do not store the recording, nothing is left to delete after the evaluation.

Payment runs through Stripe Checkout. Responsible for payment processing are Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Dublin 2, Ireland, and Stripe, Inc., USA. You enter your payment details directly at Stripe, we do not receive them. From Stripe we receive the payment confirmation with amount, currency, payment reference, your email address and the details needed for VAT (for example country).

We calculate VAT with Stripe Tax. Prices include the statutory VAT of the respective country. Stripe issues payment receipts and invoices. For fraud prevention and legal obligations (for example anti-money-laundering) Stripe also processes data under its own responsibility; Stripe's privacy policy applies to that.

The legal bases are Art. 6(1)(b) GDPR (contract performance) and Art. 6(1)(c) GDPR (tax and commercial law obligations). The transfer to the USA relies on the EU-US Data Privacy Framework and standard contractual clauses.

After payment we send you an email with the link to your song and the confirmation of the contract with order summary, withdrawal notice and information on the contract terms (section 312f German Civil Code). Your email address comes from the Stripe payment and is used for sending. We do not store it permanently in our database.

Delivery on a date of your choice (extra service): If you book and schedule it, we store the email address you give (the recipient's or your own), the time, the language, a sender name and a message if you give them. At the chosen time we send exactly one email with the link to the song. After that, or if you cancel the delivery or it finally fails, we delete the address, sender name and message. The email contains no advertising. The legal basis is Art. 6(1)(b) GDPR, for the recipient's address Art. 6(1)(f) GDPR (interest in delivering your gift as you wish). Only give another person's address if you can assume they are fine with receiving the gift email.

Cloudflare Email Service (Cloudflare, Inc., USA) or alternatively Brevo (Sendinblue SAS, Paris, France) sends the email. The providers process your address and the email as processors for as long as needed for delivery. The legal basis is Art. 6(1)(b) and (c) GDPR.

If you withdraw from the contract on our withdrawal page, we store your statement: song ID or payment reference, your email address, your name if you give it, and the time. We confirm receipt by email and send a copy to our support mailbox. The legal basis is Art. 6(1)(b) and (c) GDPR (section 356a German Civil Code). We keep the statement for three years to be able to prove claims (Art. 6(1)(f) GDPR).

When you create a song, Cloudflare Turnstile protects us against automated abuse. For this Cloudflare evaluates characteristics of your browser and connection to tell humans from bots. The legal basis is Art. 6(1)(f) GDPR (protection against abuse and cost). Turnstile is technically necessary for this purpose (section 25(2) no. 2 TDDDG).

In addition we limit how often songs can be created, names recorded and checkouts started from one internet connection (for example at most 5 songs per day). For this we do not store your IP address itself but a check value (hash) derived from it with a secret key, for IPv6 only from the network part, together with the time of the request and the identifier of the songs created. We delete these entries automatically after 24 hours; in backups they remain for at most 7 more days. The legal basis is Art. 6(1)(f) GDPR; our legitimate interest is protection against abuse and against the costs of songs created in bulk.

To make songfy run reliably we process technical operating data: a random request ID, the type of request, the page type requested, the response status, the processing time, the country as a two-letter code and, when a song is created, the random song ID and details about the progress. If an error occurs in your browser, the page sends an error report to our own server: type of error, a shortened message cleaned of names, email addresses and longer digit sequences, the page path without parameters and the version of the page.

In our own logs we do not process IP addresses, user agent, cookies, the content of your entries (names, memories, lyrics) or payment data. With Uptime Kuma on our own server we check from outside whether the site responds. No visitor data is processed. In case of failures we alert ourselves by email and push message that contain only technical figures.

The legal basis is Art. 6(1)(f) GDPR (secure and error-free operation). The logs are held at Cloudflare (section 3).

We store song data (entries, lyrics, audio files) and the related records at Cloudflare R2 (Cloudflare, Inc., processor). The legal basis is Art. 6(1)(b) GDPR, for protection against data loss Art. 6(1)(f) GDPR. Anyone who knows the link to a song can listen to it. Only share the link if you want to.

We only pass on data as far as needed for the purposes described:

• Cloudflare, Inc., USA: hosting, delivery, storage (R2), bot protection, email sending and alert emails (processor).
• Google (Gemini, Lyria): song creation, checking, moderation (processor).
• Stripe Payments Europe, Ltd. and Stripe, Inc.: payment, Stripe Tax, receipts and invoices.
• Brevo (Sendinblue SAS), France: email sending, if used instead of Cloudflare (processor).
• Tax advisers, authorities and courts, as far as we are legally obliged.
• Meta Platforms Ireland Limited, Ireland, and Meta Platforms, Inc., USA: ad measurement, only with consent (section 15).

Cloudflare, Google and Stripe also process data in the USA. The adequacy decision of the European Commission on the EU-US Data Privacy Framework applies to the transfer as far as the recipient is certified. In addition and as a fallback we agree on the standard contractual clauses of the European Commission. You can get a copy on request at hello@songfy.app.

Without consent we only store on your device what is technically required for the service you asked for (§ 25(2) no. 2 TDDDG):

• Cookie NEXT_LOCALE: remembers the language when you choose it in the language switcher. Lifetime one year.
• localStorage of your browser: your draft in the form, so that entries are not lost when you close the page. It stays in your browser and is deleted after you submit. You can delete it at any time in your browser settings.
• sessionStorage of your browser: the entries of a failed song, so that you can try again with the same entries. It ends when you close the tab.
• Your browser's localStorage (songfy.consent): your choice in the cookie banner, so we do not ask on every visit. It lasts twelve months, then we ask again.

Everything else we only use with your consent (§ 25(1) TDDDG, Art. 6(1)(a) GDPR). In the banner you decide separately on statistics and marketing, and “Necessary only” is as easy as “Accept all”. You can withdraw your consent at any time with effect for the future via “Cookie settings” at the bottom of every page. When you withdraw, we delete these services' cookies in your browser.

Meta Pixel (Meta Platforms Ireland Limited, Merrion Road, Dublin 4, Ireland): we load the Meta Pixel only with consent to marketing. It measures whether ads on Facebook and Instagram bring visitors to us and whether they create a song, and helps show ads to suitable people. Meta sets cookies (for example _fbp, lasting 90 days) and receives usage data such as the IP address, device and browser details and pages visited. We are joint controllers with Meta for the collection and transfer (Art. 26 GDPR, agreement at facebook.com/legal/controller_addendum); Meta alone is responsible for any further processing. Meta may transfer data to Meta Platforms, Inc. in the USA. Meta is certified under the EU-US Data Privacy Framework.

Purchase measurement for Meta: if you consented to marketing, we also tell Meta from our server that a checkout was started and that a purchase was completed (Conversions API). We send the time, amount and currency, the identifiers from the Meta cookies (_fbp, _fbc) or the click identifier of the ad, and the browser type. We do not send your name, email address, IP address, the content of your song or the address of your song page. We store the identifiers with your order for this purpose and delete them as soon as the purchase is reported, at the latest together with the content of a preview that was not bought. If you withdraw your consent before paying, we delete the identifiers and report nothing. The legal basis is your consent (Art. 6(1)(a) GDPR).

Campaign details: if you reach us through an ad or a link with campaign details (utm_source, utm_medium, utm_campaign, utm_content, utm_term), we store these details with your order and in the payment data at Stripe. They name the ad, not you as a person, and show us which advertising leads to orders. Without your consent nothing is stored on your device for this. The legal basis is our legitimate interest in measuring the success of our advertising (Art. 6(1)(f) GDPR).

Song and gift pages: their address is the key to your song. No measurement or advertising service runs on these pages, not even with consent, and they never receive this address. For other pages we pass on the address without parameters, except campaign details such as utm_source.

The microphone is only accessed when you start the name recording after giving consent.

• Songs without a purchase (preview): we delete entries, lyrics and audio files 30 days after creation.
• Purchased songs: the audio files are available for listening and download for three years from the order and are deleted afterwards. With the audio we also remove your entries and the lyrics, unless we need them to meet legal obligations.
• Payment records (receipts, invoices, payment reference, amount, country): up to ten years because of tax and commercial law retention obligations (section 147 AO, section 257 HGB), limited to these details.
• Withdrawal statements: three years.
• Delivery on a date of your choice: email address, sender name and message until sending, cancellation or final failure, at most about six months. Only the time and the status are kept.
• Backups: an encrypted backup copy of our database is kept at Cloudflare (R2) for up to seven days. Deleted data disappears from the backups after this period at the latest.
• Logs and measurements: according to Cloudflare's periods, currently about seven days for logs and three months for aggregated request statistics. We have no long-term archives of our own.
• Requests to our support mailbox: as long as needed to handle them, then according to the statutory periods.

Under the GDPR you have the right of access (Art. 15), rectification (Art. 16), erasure (Art. 17), restriction of processing (Art. 18), data portability (Art. 20) and to object to processing based on legitimate interests on grounds relating to your particular situation (Art. 21). You can withdraw consent at any time with effect for the future (Art. 7(3)).

Because songfy has no account, we match requests by the link to your song or the payment reference. Write to hello@songfy.app and give the song link (or the song ID) or the payment reference from your payment receipt. That is usually enough. If in doubt we ask for proof, for example a payment receipt. We reply within one month.

People whose data a buyer entered can contact the same address. With the song link or the name and the approximate time we can find the record.

You have the right to lodge a complaint with a data protection supervisory authority. The authority responsible for us is the State Commissioner for Data Protection and Freedom of Information of North Rhine-Westphalia (LDI NRW), Kavalleriestraße 2-4, 40213 Düsseldorf, Germany, poststelle@ldi.nrw.de, www.ldi.nrw.de. You can also contact the supervisory authority where you live.

The details in the form are required for the contract. Without them we cannot create a song. Further details (your name, pronunciation hint, name recording) are voluntary.

Transmission between your browser and our servers is encrypted with TLS. We limit access to what is necessary and keep logs free of content.

We update this policy when our processing or the law changes. The version published here applies.