The Last Song Project – Terms and Conditions 

Last update: August 01, 2025

Welcome to The Last Song Project. By using our website, you agree to the following Terms and Conditions. Please read them carefully if you have any questions.

1. General

a. These terms and conditions govern the use of the website www.thelastsongproject.com and the uploading of any entry or information through our website. 

b. The Last Song Project reserves the right to modify these terms at any time without prior notice. Changes will be effective upon their publication on the website.

1. Our Details
   1. The Last Song Project is a project and website by Kind Projects, a Spanish company with its registered office at Calle de Manuela Malasaña 24, 3º Centro Izquierda, 28004, Madrid, registered in the Mercantile Registry of Madrid, Volume: XX.XXX, Folio: XX, Section: X, Page: M-XXXXXX and CIF BXXXXXXXX, with telephone number 689 593 576 and email hello@kind-projects.com.

1. Use of the Website www.thelastsongproject.com

By using this website, you agree to:

1. Use the website solely for consulting or sharing information, or actively collaborating with the project in the form of legitimate donations.
2. Not make offensive entries or engage in fraudulent actions. If we have reasonable grounds to believe that the shared information is offensive, fraudulent, or seeks a purpose different from that stated on the website, we will be authorized to remove such content and even inform the competent authorities.
3. Provide contact information, such as your email address and, only if you choose to do so, your Instagram profile, truthfully and accurately. Additionally, you agree that we may use this information to communicate with you if necessary (please refer to our Privacy Policy). If you do not provide us with the required information, we will not be able to share your entries on our website.
4. In case of collaborating with the project through a donation on the website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.

1. Service
   1. The Last Song Project offers the possibility to access the latest songs and related reflections from users all over the world.
   2. The choice of these songs is the sole and exclusive decision of each user, and they are shared on the project’s website in an embedded form through third-party streaming platforms, without obtaining any direct benefit from or through them and their use.
   3. Sharing a song requires the user to first create a user profile on the website, providing the minimum requested data. The user has the right to later modify their personal data and data related to the song itself. They also have the right to request the deletion of the entry with their song, and even their user profile from the website, by requesting it via email to info@thelastsongproject.com.
   4. By uploading an image, the user agrees to give The Last Song Project access to upload and display it alongside their selected song on the website, so they must ensure they have the right to upload said image.
   5. We reserve the right to contact, modify, or delete any entry or content that does not comply with the above description, at any time and without prior notice.

1. Contributions
   1. Users have the option to actively collaborate with the maintenance and dissemination of the project through one-time or regular contributions. These contributions are completely voluntary, both in themselves and in the chosen amount.
   2. Each contribution to The Last Song Project is intended to cover the various technical needs and human resources required to bring the project to life, from the design and maintenance of the website, updating social media, or various campaigns to promote the project on different channels and platforms.
   3. Additionally, we commit to donating 50% of the total donations received to various associations and NGOs whose daily work focuses on delaying and improving the conditions under which millions of people prematurely leave this world due to diseases, social scourges, or other violence-related reasons.
   4. Upon making a contribution, the user will receive an email confirming its receipt, as well as the exact amount that will be donated to one of the aforementioned associations linked to the project. 
   5. Likewise, you expressly authorize us to issue the simplified invoice in electronic format.
   6. Payment for these contributions can be made through the payment methods accepted on our website, which include credit cards, debit cards, and other electronic payment methods.
   7. Any user has the right to request and receive detailed information about our donations and associations linked to the project.
   8. All prices are expressed in euros and include applicable taxes, unless otherwise indicated.
   9. We reserve the right to modify, to a greater or lesser extent, the percentage of donations made to associations and NGOs, depending on the project’s viability status. The percentage donated to associations will be the one displayed at the time of each contribution.

1. Liability
   1. The Last Song Project is not responsible for incorrect, direct, or indirect uses by users that may arise from the misuse of the information contained on our website, except in cases where required by law.

1. Data Protection

In relation to your personal data:

1. The Last Song Project is committed to protecting the privacy of personal data provided by users.
2. Along with each entry and song, we will only publish the name chosen by the user when sharing their song and testimony, which may be a full or simple name, real or fictitious.
3. When the user provides their Instagram profile, we will not publish it on our website, but we may tag said profile if the song and testimony are shared on The Last Song Project’s Instagram profile. If, once we have shared it, you prefer us to delete it, you can request it via DM or the email info@thelastsongproject.com.
4. We will never share your data with third parties, except with prior consultation regarding another project linked to this website, and you give us your express consent to do so.
5. For more details on how we manage your data, please consult our Privacy Policy.
6. By using this website, you accept the processing of the information and data provided, and you confirm that all information you provide to us is true and corresponds to reality.

In relation to the data and content made available to you when you use The Last Song Project:

1. All entries submitted on this website belong to their respective users and those responsible for them. The Last Song Project reserves the right to store, filter, and share such entries and content with design format on its website and Instagram profile.
2. In the event that this material could lead to other formats or channels, we will explicitly contact the user to request their permission to use said content, with full details about its use and scope.
3. All content related to the website itself, such as general texts, graphic design, logos, iconography, buttons, or data compilations are the property of The Last Song Project, and are protected by the laws of Spain, as well as by international legislation on intellectual property rights, copyright, and database rights, particularly by European Union regulations. All content hosted or made available through The Last Song Project by a user is the exclusive property of that user, and is protected by the aforementioned legislation against use by third parties, with the exception of songs, rights, and images not owned by the user, which belong to their respective authors, record labels, or third-party streaming platforms, if applicable.
4. Systematic extraction or reuse of any part of the content offered by The Last Song Project is not permitted without our express written consent, as well as that of its respective users. In particular, the use of data mining tools or robots for the extraction (whether on one or more occasions) of substantial parts of said content for reuse is not permitted without our express written consent and that of its respective users. Nor is it permitted to create or publish databases containing substantial parts of any of the content offered on this website (for example, our song list or user lists) without our express written consent.

1. Governing Law and Jurisdiction
   1. These terms and conditions are governed by the laws of Spain.
   2. Any dispute arising from the interpretation or execution of these terms will be submitted to the jurisdiction of the competent courts of Madrid.

1. Computer Security and Attacks
   1. You must not misuse this website by introducing viruses, Trojans, worms, or any other harmful software. Nor should you attempt to gain unauthorized access to our website, servers, or connected databases. Furthermore, you agree not to carry out denial-of-service or distributed denial-of-service attacks.
   2. Failure to comply with these measures may constitute a crime under applicable law. In such a case, we will inform the competent authorities and cooperate to identify the perpetrator. If you violate this rule, your access to the website will be immediately withdrawn.
   3. We will not be liable for damages or losses resulting from denial-of-service attacks, viruses, or other harmful programs that may affect your equipment, data, or materials due to the use of this page or the downloading of its contents or redirections.

1. Links from Our Website
   1. Our website may include links to third-party websites and content that are provided solely for informational or promotional purposes. We have no control over the content of these sites or materials, and therefore, we are not responsible for any damage or loss that may arise from their use.

1. Written Communications
   1. Current regulations require that some of the communications we send you be in writing. By using this website, you accept that most of our communications will be electronic. We will contact you via email or publish notices on this website. For contractual purposes, you consent to the use of electronic means for our communications and acknowledge that all contracts, notifications, information, and other communications sent electronically comply with the legal requirements for written communication. This condition does not affect your legal rights.

1. Notifications
   1. Notifications you wish to send us should preferably be made via our email address info@thelastsongproject.com. In accordance with clause 24, and unless otherwise indicated, we may send you communications via the email address you provided when uploading your song and creating your user account.
   2. Notifications will be considered correctly received at the moment they are published on our website or 24 hours after being sent by email. To prove that a notification has been sent, it will be sufficient to prove that, in the case of an email, it was sent to the correct email address.

Contact

For any questions or inquiries related to these Terms and Conditions, you can contact us at info@thelastsongproject.com or call us at +34 689 593 576.

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The Last Song Project – Privacy Police 

Last update: August 01, 2025

At The Last Song Project, we are committed to protecting your privacy and ensuring the confidentiality of your personal data. This Privacy Policy describes how we collect, use, process, and protect the personal information of users who interact with our website. By using our pages, you accept the terms established in this policy, prepared in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (hereinafter, ‘GDPR’), regarding the protection of natural persons with regard to the processing of personal data and the free movement of such data.

1. Data Controller 

The data controller for personal data is Kind Projects S.L., with its registered address at Calle de Manuela Malasaña, 24, 3º Centro Izquierda, 28004, Madrid (Spain), and contact email: hello@kind-projects.com. If you have any questions about this policy or the use of your data, you can contact us through the indicated means.

2. Personal Data Collected

The data we collect includes, but is not limited to:

• Personal identification data: Full or simple name (real or figurative), email address, and Instagram profile (optional).
• Payment information: The Last Song Project does not collect data related to credit/debit cards or bank accounts. These will be managed directly by payment platforms in a secure and encrypted manner.
• Navigation, connection, and geolocation data: IP address, information about your behavior on our website (pages visited, Browse time, etc.) through cookies and other tracking technologies, always with your consent.
• Content related to your song: Text and image accompanying your chosen song uploaded to our website.

Failure to provide some of this data, or not accepting this Privacy Policy, will mean you are unable to contribute any content to our website.

3. Finalidad del tratamiento

The collected data is used to offer you the best possible experience and, therefore, for the following purposes:

• Personal identification data: To process the upload of your song, display it on our website, and keep you informed about any news or changes regarding its status. When you upload an entry to our website, you automatically give your approval for the creation of a user profile linked to it. For this, we will need to process your personal data to identify you and provide you with access to the various editing functions for that entry and content. You can delete your song or user profile at any time by requesting it via email to info@thelastsongproject.com.
• Communication: To contact you to inform you about any news regarding the operation of our website or any other aspect related to your entry and chosen song.
• Fraud prevention: To implement mechanisms to prevent and detect unauthorized uses of the platform, as well as potential fraud against you or against us. In case of identifying anomalous or suspicious behavior of fraud, we may take measures such as blocking a transaction or deleting an account.
• Billing: To issue invoices and receipts for purchases you make through the platform.
• Compliance with legal obligations: To process your data to comply with applicable legal obligations.
• Customer service: If you decide to communicate with us through any of the available means or channels, some of your data, such as your name or username, may be saved along with your communication.
• Marketing: To send you communications related to relevant content or projects that may be of interest to you, provided you have given your express consent.
• Newsletter management: If you subscribe to our newsletter, we will use your data to manage your subscription, which includes sending you information about new entries and content via email.
• Newsletter unsubscribe management: You can cancel your subscription at any time at no cost by following the instructions in each communication.
• Content dissemination and advertising on social media: If, during the process of uploading or editing your song on our website, you share your social media profile with us, we may tag you along with your photo and texts uploaded to the website, in case of sharing this content on our Instagram profile, as well as display it in any paid media campaign related to the project. We recommend reviewing the privacy policies of the social media you use for more information.
• User experience improvement: Analyzing the use of our website allows us to improve the Browse and content upload experience for the project.
• Legal compliance: To manage billing, accounting, and compliance with tax and legal obligations related to any voluntary contribution to the project.

Furthermore, we inform you that the personal data obtained as a result of your user registration will form part of the Register of Processing Activities and Operations (RAT), for which The Last Song Project is the owner, and which will be updated periodically in accordance with the GDPR.

4. Legal Basis for Processing

The processing of your personal data is carried out on the following legal bases:

• Contract Performance: To manage the upload of songs and associated content. It is essential that we process your personal data to manage any contribution to the website, whether in the form of content or a contribution to the project, and we strive to minimize the amount of data requested. Likewise, we consider that we have a legitimate interest in linking the content you share on our website with other channels linked to the project, such as our social media profile. This interest allows us to promote the project and disseminate it to new audiences.
• Consent: In cases where we request your express consent, such as to send you commercial communications. If you decide to use the login option through a social network, the processing of your data will be based on the consent you grant us by authorizing the transfer of your data from the corresponding social network.

The processing of your personal data is essential to comply with the contract for uploading information and any contribution intended for the project.

Furthermore, we believe we have a legitimate interest in carrying out the necessary verifications to detect and prevent possible fraud or misuse of the platform, as in the case of one-time contributions. This processing benefits all parties: you, because it allows us to implement security measures against fraud; us, because it helps us prevent misuse of the platform; and our customers in general, by contributing to the prevention and detection of fraudulent activities.

• Legitimate Interest: To improve the user experience and perform statistical analysis on the use of our website. We believe we have a legitimate interest in analyzing the usability of the platform, as this data processing also benefits you. Our goal is to improve the experience and offer a higher quality service.
• Legal Obligation: To comply with our legal obligations, such as the issuance of simplified invoices in the case of one-time contributions.

5. Data Disclosure to Third Parties

The Last Song Project will not share your personal data with third parties, except in the following cases:

• Service Providers: Third parties who help us process payments, who are subject to confidentiality agreements.
• Legal Compliance: In cases where it is necessary to comply with a legal obligation or in response to requests from authorities.

The Last Song Project adheres to strict criteria for selecting service providers in order to fulfill its data protection obligations, and commits to signing the corresponding data processing agreement with them, through which it will impose, among others, the following obligations: to apply appropriate technical and organizational measures; to process personal data for the agreed purposes and solely according to The Last Song Project’s documented instructions.

6. Data Retention Period and Location

Your data will be retained for the time necessary to fulfill the purposes established in this policy, or as long as required by applicable legislation. Data related to one-time contributions and billing will be kept for the period required by tax and accounting regulations.

Your data is stored within the EU. The Last Song Project does not carry out any transfer or communication of data outside the EU. It will only provide information to State Security Forces and Bodies under judicial order or due to a legal obligation, without prejudice to being able to block or cancel your account if there are indications of the commission of a crime by the user. The information provided will only be that which The Last Song Project currently holds.

We will ensure that, should data be sent to third parties not belonging to the EU, they are to third parties that offer a sufficient level of protection, either because they have Binding Corporate Rules (BCR) or because they have adhered to the ‘Privacy Shield’.

7. User Rights

As a user-data subject, you can request to exercise the following rights before The Last Song Project by submitting a written request to the postal address in Section 1 or by sending an email to info@thelastsongproject.com, indicating “Data Protection: Rights of Data Subjects” as the subject, and attaching a photocopy of your ID (DNI) or any analogous legal means, as required by law.

By virtue of what is established in the GDPR, you can exercise:

• Right of Access: Allows the data subject to know and obtain information about their personal data being processed.
• Right to Rectification or Erasure: Allows for the correction of errors and modification of data that proves to be inaccurate or incomplete.
• Right to Cancellation: Allows for the deletion of data that proves to be inadequate or excessive.
• Right to Object: The data subject’s right to prevent the processing of their personal data or to cease such processing.
• Right to Restriction of Processing: Involves the marking of stored personal data to limit its future processing, for the exercise or defense of claims.
• Right to Data Portability: Facilitation of the data subject’s processed data so that they can transmit it to another controller without impediments.
• Right not to be subject to Automated Individual Decision-Making (including profiling): The right not to be subject to a decision based solely on automated processing that produces legal effects or significantly affects them.

As a user, you have the right to withdraw the consent given at any time. The withdrawal of consent will not affect the lawfulness of processing carried out before its withdrawal.

In some cases, the request may be rejected if you require the deletion of data necessary for the fulfillment of legal obligations.

You also have the right to file a complaint with the supervisory authority if you believe your rights regarding data protection may have been violated (in this case, with the Spanish Data Protection Agency).

8. Data Security

At The Last Song Project, we implement technical and organizational security measures to protect your personal data against unauthorized access, loss, or alteration. Payment data is processed in an encrypted manner by secure payment platforms; however, in any case, The Last Song Project is not responsible for any hypothetical damage, harm, access, loss, alteration, or theft that such information may suffer.

Furthermore, The Last Song Project has adopted the legally required levels of personal data protection security and strives to install other additional technical means and measures within its reach to prevent the loss, misuse, alteration, unauthorized access, and theft of personal data provided to The Last Song Project.

Nevertheless, The Last Song Project is not responsible for hypothetical damages or harm that may arise from interferences, omissions, interruptions, computer viruses, telephone breakdowns, or disconnections in the operational functioning of the electronic system it uses, caused by reasons beyond The Last Song Project’s control; from blockages on the website caused by deficiencies or overloads of telephone lines or overloads in Data Processing Centers, in the Internet system, or in other electronic systems, as well as damages that may be caused by third parties through illegitimate intrusions beyond the control of The Last Song Project. The user must be aware that security measures on the Internet are not impregnable.

9. Use of Cookies

The Last Song Project’s website uses cookies to optimize and personalize navigation. Cookies are physical information files stored on the user’s terminal. The information collected through cookies serves to facilitate the user’s navigation on the website and optimize the Browse experience. The data collected through cookies may be shared with their creators, but in no case will the information obtained from them be associated with personal data or data that can identify the user.

However, if the user does not wish cookies to be installed on their hard drive, they have the possibility to configure their browser in such a way as to prevent the installation of these files. For more information, you can consult our Cookie Policy [include link].

10. Modifications to the Privacy Policy

The Last Song Project reserves the right to modify this Privacy Policy at any time to adapt it to legislative and jurisprudential developments, always in accordance with current regulations. Any change will be communicated through our website.

11. Revocability

For greater clarity, the consent given, both for the processing and for the transfer of data subjects’ data, is revocable at any time by communicating it to The Last Song Project under the terms established in this Policy. This revocation will in no case be retroactive.

12. Legislation

For all purposes, the relations between The Last Song Project and the users of its services are subject to Spanish legislation and jurisdiction, to which the parties expressly submit, with the Courts and Tribunals of Madrid being competent for the resolution of all conflicts arising from or related to their use.

13. Contact

If you have questions about this Privacy Policy or about the use of your personal data, do not hesitate to contact us through:

• Email: info@thelastsongproject.com
• Phone: +34 689593576

This policy is updated as of July 24, 2025.