Privacy Policy

SOUNDEXCHANGE

Privacy Policy

 

Last Updated June 15, 2020

SoundExchange, Inc. is committed to protecting the privacy of visitors, members, registrants, and digital music services that access this website or provide information through it.  Throughout this Privacy Policy (this “Policy”), the terms “SoundExchange,” “we,” “us,” and “our” refer to SoundExchange, Inc.  The following sets forth our information gathering and disclosure practices.  This Privacy Policy (“Policy”) applies solely to information collected through the web sites, web pages, interactive features, including, but not limited to, the SoundExchange Direct and SoundExchange Licensee Direct applications, and their respective contents at soundexchange.com and the ISRC Search Site at isrc.soundexchange.com, whether accessed via computer, mobile device or other technology (collectively, the “Sites”).

For the purposes of European data protection law, the data controller of the Sites is SoundExchange, Inc.  A data controller is responsible for determining why your data is collected and how it is processed.  Our address is 733 10th Street NW, 10th Floor, Washington, DC 20001.

Summary of Privacy Policy

Information We Collect.  We collect Personal Information (that can be used to identify an individual), as well as certain information that cannot be linked with identifiable individuals.

Use of Personal Information.  How we use your Personal Information depends partly on which of the Sites or Services you use.  We also use Personal Information for customer support, to improve our services, to communicate with you, and for other general business purposes.

Disclosure of Personal Information.  We share Personal Information with our service providers as necessary for them to perform business functions for us or on our behalf.  If we sell or purchase assets, we may share Personal Information and other information with the other party.  If we sell or merge our company with another, we may transfer Personal Information to the new company.  We transfer certain Personal Information to third parties that operate performer databases.  We will also share Personal Information if we are required to do so by law, or if we need to do so to protect our rights or the rights of others.

Data Retention.  We will keep the data we hold about you for as long as we believe is necessary to provide you the information you requested or as reasonably useful for commercial purposes unless you tell us you would like us to stop holding your data.

Your California Privacy Rights.  We do not share your Personal Information with third parties for their marketing purposes without your consent.

Security.  We use reasonable efforts to safeguard your Personal Information, but transmissions made by means of the Internet cannot be made absolutely secure.  We are not responsible for disclosure of Personal Information due to errors in transmission or the unauthorized acts of third parties.

Links to Other Sites.  We may link to other sites, but we do not control, recommend or endorse and are not responsible for sites that we do not own or operate.

Visitors Under the Age of 13.  SoundExchange does not knowingly collect any Personal Information from anyone under the age of 13.

Consent to Processing and Transfer of Information.  The Sites are operated in the United States.  If you are located outside of the United States, by using the Sites or providing us with any information, you consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be comprehensive as, or equivalent to, those in the country where you reside and/or are a citizen.

Changes to this Privacy Policy.  We reserve the right to change, modify or otherwise alter this Policy at any time.

European Data Protection Rights.  If you live in the EEA or the UK, you have the right to request that we:

  • Provide you information about how we use your Personal Information;
  • Give you access to, and a copy of your Personal Information we hold in our systems;
  • Stop contacting you;
  • Correct, update or delete your Personal Information in our records; or
  • Stop using, and ensure that all third parties stop using, some or all of your Personal Information.

You also have the right to lodge a complaint with your data protection authority about any violations of the Policy.

If you would like to make a request, or if you would like us to change how we deal with your Personal Information, you can contact us using the information below.  To protect the security of your information, we may ask you to provide us with additional information, or we may try to contact you, so that we can verify your identity.

Contact Information

By E-mail:  privacy@soundexchange.com

By Mail:

SoundExchange

733 10th St. NW

10th Floor

Washington, DC 20001

Information We Collect

As used herein, the term “Personal Information” means information that specifically identifies an individual (such as a name, mailing address, e-mail address, company name, phone number, social security number, tax information, financial information, birth date, and place of birth), or information about that individual that is directly linked to personally identifiable information.  Personal Information does not include “aggregate information”, which is data we collect about the use of the Sites or about a group or category of services or users from which individual identities or other Personal Information has been removed.  Personal Information also does not include Usage Information (as defined below) that is not connected to Personal Information.  This Policy in no way restricts or limits our collection and use of aggregate or Usage Information that is not connected to Personal Information.

Collection of Personal Information

When using the Sites, we may ask you to provide us with Personal Information.  SoundExchange may also ask you to provide other information about yourself, such as demographic information.  If we combine demographic or other information we collect about you with Personal Information about you, we will treat the combined information as Personal Information.  If you do not want your Personal Information collected, please do not submit it.

Information Collected by Automated Means

We collect certain usage information about our website, such as the number and frequency of visitors to certain parts of the website (“Usage Information”).  Usage Information is generally non-identifying, but if SoundExchange associates it with you as a specific and identifiable person, SoundExchange treats it as Personal Information.

SoundExchange may provide aggregate statistics about Usage Information or demographic information to third-parties, but this information will not include Personal Information.

In the course of collecting Usage Information, SoundExchange also automatically collects your IP address or other unique identifier (“Device Identifier”) for the computer, mobile device, technology or other device (collectively, “Device”) you use to access the Sites.  A Device Identifier is a number that is automatically assigned to your Device when you access a web site or its servers, and our computers identify your Device by its Device Identifier.  We use this information to improve your experience on the Sites, to enhance our Sites, and to protect the Sites.

The technologies used on the Sites to collect Usage Information, including Device Identifiers, include, without limitation, cookies.  Cookies are data files placed on a Device when it is used to visit the Sites.  SoundExchange places cookies or similar files on your Device for security purposes, to tell us whether you have visited the Sites before, if you are a new visitor or to otherwise facilitate site navigation, and to personalize your experience while visiting our Sites.  Cookies allow us to collect technical and navigational information, such as browser type, time spent on our Sites, and pages visited.  Cookies may enhance your online experience by saving your preferences while you are visiting a particular part of the Sites.  If you would prefer not to accept cookies, most browsers will allow you to:  (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject any cookies.  However, please be aware that if you disable or reject cookies, some features and services on our Sites may not work properly because we may not be able to recognize and associate you with your profile.

We collect the following information:

Internet Protocol (IP) Address; Browser type and Version; Geolocation; Clicking-behavior.  We collect this information for functional and analytical purposes.

We use the tools listed below to collect information via automated means.  The privacy policy for each is also provided.

Use of Personal Information

How we use your Personal Information depends partly on which of our Sites or Services you use, as described below.  We also use Personal Information to respond to requests for customer support or general inquiries; to improve the SoundExchange service; to personalize and support your experience; to send communications including newsletters and other notifications including notifications about changes to our Sites, updates, and administrative messages; to detect or prevent fraud, or security alerts; for any other purpose for which the information was collected; and for other uses consistent with SoundExchange’s business purposes.

Online Registration

SoundExchange’s Online Registration Form provides copyright owners and featured artists with the ability to register for SoundExchange royalties electronically and to electronically sign our Membership Agreement(s).  Registrants will need to enter specific Personal Information about themselves and may be asked to provide specific information about the sound recordings which they own or on which they performed.  Any such Personal Information can be modified at your request as set forth in the Online Registration Form or via SoundExchange Direct.

By signing up through the Online Registration Form, you authorize SoundExchange to be your nonexclusive agent and to use this information to collect and distribute royalties.  This means, among other things, that you authorize us to share such registration information with other organizations, such as foreign performing rights organizations, as necessary in furtherance of collecting, and/or distributing and effectuating payment of, royalties.  SoundExchange may also use the information for our own internal purposes in order to facilitate software and process development.  All information provided to SoundExchange through the Online Registration Form is stored on secure systems not accessible to the public.  A third party vendor maintains and operates the system.  The vendor is also obligated to protect your Personal Information in accordance with SoundExchange’s policies.

SoundExchange Direct

SoundExchange Direct provides copyright owners and featured artists with the ability to view current and past royalties earned, statements and payment details; update account information; request customer service assistance; and upload sound recording metadata to claim royalties.  Copyright owners and featured artists may also invite guests to view their SoundExchange Direct accounts.  Guests are granted “view only” privileges and may not request or make changes to an account.  Guests will be able to view certain Personal Information, including name, address, and certain financial information.  Guests will not be able to view social security and/or tax identification numbers, bank account numbers or bank routing numbers.

SoundExchange Licensee Direct

SoundExchange Licensee Direct provides digital music services that pay royalties through SoundExchange with the ability to pay royalties and submit statements of account and reports of use; update contact information; and request customer service assistance.  Services and their representatives will need to enter specific Personal Information about themselves.  SoundExchange treats the information in payments, statements of account and reports of use in accordance with 37 C.F.R. Sections 370, 380, and 382-384.

Disclosure of Personal Information

We use the services of third parties who:  (a) provide vendor services to us (e.g., data management, billing, storage services, and IT services); (b) assist us in completing or effectuating payment of royalties (e.g., sharing Personal Information to ensure payment is made properly); or (c) perform functions on our behalf, such as companies or individuals that host or operate our Sites, analyze data, or provide customer service.  We disclose Personal Information to these third parties only to the extent it is necessary, and we further require that the third party maintain the confidentiality of your Personal Information.

We may sell or purchase assets.  If another entity acquires us or all or a portion of our assets, or merges with us, Personal Information, Usage Information, and any other information that we have collected about the users of the Sites may be disclosed or transferred to such entity.

Except as described in this policy, we will only make your Personal Information available to non-affiliated third parties in the following circumstances:  (i) if we are compelled to do so by law or by a governmental agency, court or other entity (e.g., to respond to subpoenas, court orders or legal process); (ii) if we believe your actions violate a law, regulation, this Policy or any applicable website terms of use, or if you threaten the rights, property or safety of us, our website, any other users or third party; or (iii) if, in our sole discretion, we believe disclosure is necessary to investigate or resolve possible problems or inquiries, to protect our assets, to defend our interests or comply with our legal and regulatory obligations.

Data Retention

We will keep your Personal Information only for as long as it is necessary to fulfill the purposes described above unless a longer retention is required or permitted by law, after which we will delete, anonymize, or disable access to it.  The period we keep your information will vary depending on your interactions with our Sites.  For example, we may retain your account data for a reasonable period of time after you disable your account.  This is to enable you to easily come back and start using our Sites again.  We may also keep a record of our communications with you relating to your use of our Sites, for example, if you have made a complaint, for as long as is necessary to protect us from a legal claim.

In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the Sites.  We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information.  In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data, because of system backups and for other technical reasons.

Your California Privacy Rights

We do not share your Personal Information with third parties for their marketing purposes without your consent.

Security

Although SoundExchange uses reasonable efforts to safeguard your Personal Information, transmissions made by means of the Internet cannot be made absolutely secure.  All third parties that provide services for us are obligated to protect your Personal Information in accordance with SoundExchange’s policies.  We are not responsible, and will have no liability for, disclosure of Personal Information due to errors in transmission or the unauthorized acts of third parties.

Links to Other Sites

The Sites may provide links to other websites that we do not own or operate.  To the extent that any linked websites are not part of the Sites, we do not control, recommend or endorse and are not responsible for these websites or their content, products, services, or privacy policies or practices.  These other websites may send their own cookies to your Device, they may independently collect data or solicit Personal Information and may or may not have their own privacy notices or policies.  You should also independently assess the authenticity of any website which appears or claims that it is our Sites (including those linked to through an email or social networking page).

Visitors Under the Age of 13

SoundExchange does not knowingly collect any Personal Information from anyone under the age of 13.  If a child under 13 submits Personal Information to SoundExchange and we learn that that Personal Information is the information of a child under 13, we will attempt to delete the information as soon as possible.

Consent to Processing and Transfer of Information

The Sites are operated in the United States.  Given that we are an international business, our use of your information necessarily involves the transmission of data on an international basis.  If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States.  By using the Sites or providing us with any information, you consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be comprehensive as or equivalent to, those in the country where you reside and/or are a citizen.

Changes to this Privacy Policy

SoundExchange reserves the right, at its sole discretion, to change, modify or otherwise alter this Policy at any time.  Such changes and/or modifications shall be posted on the SoundExchange Sites and shall be effective immediately upon the posting thereof.  We will indicate at the top of the Policy when it was most recently updated.  Please review this Policy periodically.  Your continued use of the Sites following the posting of changes and/or modifications to this Policy will constitute your acceptance of the revised policy.

To the extent that any provision of this Policy conflicts with a provision of a SoundExchange membership agreement signed by you or your authorized representative, the terms of the SoundExchange membership agreement shall control.

European Data Protection Rights

If you live in the EEA or the UK, please note that we process Personal Information based on your consent, where necessary, our legitimate interest in operating the Sites and offering our services, or on the basis that your personal data is required for us to provide the Services to you.  This involves several specific purposes as outlined in the section of this Policy entitled, “Use of Personal Information.”

Please note that you always have the right to request that we:

  • Provide you information about how we use your Personal Information;
  • Give you access to, and a copy of your Personal Information we hold in our systems;
  • Stop contacting you;
  • Correct, update or delete your Personal Information in our records (please note that we are permitted to exclude some Personal Information from a deletion request if that personal information is necessary for us to maintain for certain permitted purposes, including for compliance with a legal obligation and for the establishment, exercise or defense of legal claims);
  • Stop using, and ensure that all third parties stop using, some or all of your Personal Information; or
  • Lodge a complaint with your data protection authority about any violations of the Policy. If you would like to make a request, or if you would like us to change how we deal with your Personal Information, you can contact us at the email address or mailing address provided below. To protect the security of your information, we may ask you to provide us with additional information so that we can verify your identity.

Contact Us

SoundExchange welcomes your questions and comments.

For general questions, you may contact us

By E-mail:  info@soundexchange.com

By Mail:

SoundExchange

733 10th St. NW

10th Floor

Washington, DC 20001