Privacy Policy

1. Data controller

FREEPIK COMPANY, S.L.U. as data controller, is responsible for the processing of users’ personal data on the Services:

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: rpd@freepik.com.

Data Protection Officer Abisko Data, S. L.

You can send an email to rpd@freepik.com to raise any questions, request or exercise of right regarding personal data protection.

2. Services Use under Terms and Conditions

You can only contract our Services and validly accept the relevant Terms of Use of each Service 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:

1. Consent: you have given your informed, unequivocal and specific consent to the processing of your personal data aimed to a specific purpose.
2. Legal obligation: the law requires process and disclose certain data on occasions to certain institutions (for example, to the Tax Authority).
3. Execution of a contract: the data are strictly necessary to provide you with our services or to comply with what was agreed with you.
4. 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 Services, in relation to the purposes for which we will use your data, are the following:

3.1. Browsing the Services

When you browse and use the Services, even if you do not register, data is automatically collected through technology or automated interactions, such as IP address, unique IDs and certain 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, among other things, control the number of downloads made by each user, thus allowing us to detect a fraudulent or illegitimate use of the Services, and other violations of the relevant Terms of Use, that is, the management of the contractual relationship between you and Freepik.

These technical data observed when the user browser the Services are processed for, among other things, the purpose of detecting and mitigating risks of attacks (bots, code injections, DDOS attacks), and, generally, to guarantee and maintain the Services 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.

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.

• 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 Google, using the federated Login 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 Google as the joint controllers of the processing of your personal data, so that (i) you can identify yourself directly on these platform, (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 this platform, with your previous consent, your username, image and email address in order to register you as a Freepik user. Additionally, this platform collects online identifiers (IP address), technical identifiers (from your device, as well as their advertising identifiers such as your "Google ID") and record, each time you use their login, the date and time of your access to Freepik. Further information can be found in Google Privacy & Terms.

You can exercise your privacy rights (e.g., access, rectification, erasure, limitation of processing, portability and revocation of consent, depending on your jurisdiction) 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.

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 through our payment processor.

3.4. Models included in our content

If you appear as a model of images or videos offered as content on our Services, 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 Services, based on your contract with the external creator or directly with us, as the case may be.

Personal data processed: The data provided in the image rights transfer document - name, surname, identity card or equivalent and address - are only processed for the purposes of regulatory compliance verification and are not included in the processing of machine learning or AI model training.

Your image and/or voice may be used for purposes of development, training, testing, or improvement of software, algorithms, and machine learning and artificial intelligence 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: Your image or voice incorporated into our content.

Your image or voice incorporated into our content is publicly communicated worldwide through the internet -our Services- 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)(a) 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 X (Twitter in its old name) 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 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 become registered users as a result of it.

- through retargeting: impacting visitors who have visited and left our Services without registering, when they have accepted the use of our cookies, and these allow us to display advertising to them on third party websites.

In this case, our basis of legitimacy is your consent (given both on our Services as on third party websites where the advertising is displayed). You can find more information about this treatment in our Cookie Policy.

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 Services, (ii) you request information about our products through any of the forms for this. 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 choice 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 Services

Unless you become a premium user, we will display personalized advertisements on our Services, if you consent the installation of cookies (more information in our Cookies Policy).

When we use cookies, we do so based on your prior consent. You can accept or reject all our cookies or select them granularly, through our One Trust CMP (our cookie setting panel).

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 Services 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 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.

3.9. Surveys

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, support or feedback, 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 your 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 Services 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 organization 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. Third-Party Integrations, APIs, plugins and extensions.

We may integrate or utilize various third-party extensions, add-ons, APIs, plugins, and other technologies (collectively, "Third-Party Integrations'') within our platform or services. These Third-Party Integrations are operated and provided by independent companies that are not under our direct control.

For example, making use of Google APIs, Freepik has developed and made available to you specific extensions that allow you to use certain functionalities connected with Google services. Our extension for Google Slides would allow you to use functionalities of our Slidesgo product. This involves connecting and accessing some of your data in Google, always under strict adherence to Google's API Services User Data Policy, including its Limited Use requirements.

Regarding the processing of your personal data granted by Google, we inform you of the following:

The data obtained from Google -email, name, language preference and image- and the same information as explained in sections 3.1. and 3.2 is collected in order to give you access to our products and to ensure compliance with our terms and conditions, i.e. with our agreement with you using our extension.

Also, such data is used for security purposes against any type of attack or fraudulent or illegitimate use of the same, based on our legitimate interest to maintain the security, integrity and resilience of our systems and ensure the regular provision of the service, and to comply with our agreements and protect our assets.

You may deactivate or unsubscribe at any time and may exercise your privacy rights, in particular your right to object, by contacting us at the address given in the specific section of this policy.

3.14. AI-based products.

We offer various AI-based products to generate images based on your Inputs or your own image, or images that you consent to upload to our platform. We will handle your data for the following purposes:

• Provide our Service in accordance with our terms and conditions and usage policy, based on the existing contract between the parties.
• Generate avatars or recreations based on your own image, if you upload or capture your image with your camera, or on other images you decide to upload, based on your consent.
• Maintain the security of our products and systems, based on our legitimate interests.
• Improve our products, including user experience and the training and enhancement of our artificial intelligence models, limited to the Inputs you provide when using our AI-based products, as well as the Outputs generated as a result, based on our legitimate interest. In no case will we use your own image or the images you upload to train or improve our artificial intelligence models in order to provide the Services.
• The rest of the data processing mentioned in section 3.2, in their respective cases, applies if you are a registered user.

Additionally, in no case do these data processing activities aim to uniquely identify you.

Personal data subject to processing:

• User data included in section 3.2 if you are a registered user.
• Inputs you include when using AI-based products, as well as the Outputs generated by AI-based products.
• Your own image and other images you may upload if you have chosen to contribute them to any of the products made available, with the limitations stated above.

3.15. Legally binding processing.

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 personal data blocked for different periods of time. The relevant deadlines in each case are listed below:

1. In relation to processing carried out to maintain the security of our Services and anti-fraud measures, we will keep your personal data for thirteen months.
2. In relation to the personal 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).
3. In relation to the personal 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).
4. In relation to the sending of commercial communications by email, the data will be processed for three years from the last interaction with you or until you decide to object, whichever is the earliest.
5. Regarding the advertisements displayed on our Services 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.
6. We process your personal data to offer you surveys for the duration of our contractual relationship, unless you have objected to receiving them.
7. In relation to your non-commercial inquiries, the personal data will be deleted once they have been answered.
8. We will process the personal data provided for your employment applications for a period of one year from receipt.
9. Regarding the processing carried out in order to manage the Services 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.
10. Regarding the processing of personal 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.
11. In relation to the processing of personal data for professional contact, we will process your personal data up to a maximum of three years from the last interaction or until you object to the communication, whichever is the earliest.
12. Regarding our AI products, we will not retain the images provided by users, only the prompts and outputs generated by our products, based on our contract with our clients and applicable law.
13. We will keep your personal 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, law or by contract in each case.

5. Personal data Update

We ask that you to immediately notify us of any changes to your personal 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 personal data

Access by third parties providing services to us

We may disclose personal data of our Users to third parties only in cases when it is strictly necessary for Freepik Company to perform their functions and to comply with the relevant Terms of Use of each Service. We may also share personal information with other third parties to ensure compliance with applicable laws, including:

• 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.

These services provided by third parties are necessary for the development of Freepik Company’s business activity. The processing of personal data is at all times subject to a contract which establishes the duties of the data processor towards the data controller (us). Under no circumstances will personal information be used for other purposes and it will be managed in compliance with Freepik Company policy guidelines, their privacy policy and the applicable data protection regulation.

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 Services 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 Services also includes plugins which allow the User to carry out actions on social networks of third parties such as X or Pinterest, like, for instance, sending a publication or showing support to the Services. These plugins are indicated with the corresponding social network logotype, and require the login credential 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 Services or by emailing us at rpd@freepik.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:

1. Transparency and information on how we process your personal data ( right to be informed). Right that we satisfy, for example, through this privacy Policy.
2. Right to request a copy of the personal data we hold, which will be provided to you within a month ( right of access).
3. Right to update or modify the personal data we have if it is incorrect or inaccurate ( right of rectification).
4. Right to request us to stop processing your personal data while a complaint is being resolved, among other cases ( right to limit processing).
5. Right not to be subject to a fully automated decision based solely on the processing of your personal 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:

1. 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.
2. Right to obtain and reuse personal data for your own purposes ( right to data portability).
3. 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:

1. 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 security controls to safeguard User’s personal data against loss, misuse, unauthorized access, disclosure or alteration. However, security risk is inherent in all internet and information technologies, and we cannot guarantee the security of your personal information. There are also certain steps you can take to better protect against unauthorized access to your personal information. For example, you should choose a strong password that is unique and do not reuse passwords across multiple sites and services or share your password with others.

9. International data transfers

We carry out international data transfers with certain data processors: subcontractors and content delivery networks to help us to deliver our Services.

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 to jurisdictions with different standards than the EEA.

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 have any questions regarding the way Freepik Company processes your personal data, you can contact us by sending an email to rpd@freepik.com or by contacting directly to the Spanish Data Protection Agency (Agencia Española de Protección de Datos, AEPD, in Spanish) here www.aepd.es.

December 2024