Last Updated March 1, 2016
What is personal information?
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) or Device Identifier (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 with third-parties, but this information will not include Personal Information.
In the course of collecting Usage Information, SoundExchange also may automatically collect 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. When you visit the Sites, we may view your 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, may include, without limitation, cookies. Cookies are data files placed on a Device when it is used to visit the Sites. SoundExchange may place 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) to disable existing cookies; or (iii) to 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.
Use of Personal Information
If you are registered with us, we will use your Personal Information to ensure we properly collect and pay you for earned royalties. We may also use your information to respond to requests for customer support or general inquiries; to improve the SoundExchange service; to personalize and support the web user experience; to send you 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. From time to time, SoundExchange participates in political advocacy regarding important intellectual property ownership and performance rights. We may send you emails to seek your involvement and assistance in campaign activities, such as signing petitions or surveys, or sending emails including your information to political representatives. If you have questions about, or would like to opt out of, one or more of the ways SoundExchange plans to use your Personal Information or keep you up to date about its operations, activities and services, please send an email to: email@example.com. We may enter into relationships with third parties who: (a) provide vendor services to us (e.g. data management, billing, storage services, and IT services) or, when necessary, (b) assist us in completing or effectuating payment of royalties (e.g. sharing Personal Information to ensure payment is made properly), and (c) perform functions on our behalf, such as companies or individuals that host or operate our Sites, analyze data, or provide customer service. In any of these circumstances, we disclose Personal Information only to the extent it is necessary, and we further require that the third party maintain the confidentiality of your Personal Information. SoundExchange does not otherwise share, nor does it sell, trade or rent, your Personal Information to third parties.
We may sell or purchase assets. If another entity acquires us or all or a portion of our assets, Personal Information, Usage Information, and any other information that we have collected about the users of the Sites may be disclosed to such entity.
Your California Privacy Rights
We do not share your Personal Information with third parties for their marketing purposes without your consent.
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, except if we inform you otherwise at the time of collection. 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.
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 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, which is also obligated to protect your Personal Information in accordance with SoundExchange’s policies, except if we inform you otherwise at the time of collection.
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 backups and other reasons.
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 and 380.
SoundExchange ISRC Search Site
SoundExchange collects limited information via the ISRC Search Site, specifically the user’s IP address, but does not match that information with any Personal Information. SoundExchange does collect the name and email address only from those users who voluntarily complete a feedback form.
Disclosure of Personal Information
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.
In addition, Personal Information collected and processed by SoundExchange will also be transferred to third parties that operate performer databases (e.g., the International Performers Database (“IPD”), operated by the Societies’ Council for the Collective Management of Performers’ Rights (“SCAPR”) on behalf of its members). The IPD will be accessible for the purposes of the identification of performers necessary for an effective administration of neighboring rights and other intellectual property rights of performers. Such data will also be transferred inside and outside the European Economic Area (“EEA”), and countries outside the EEA may employ a level of data protection which is different or less than the level of data protection within the EEA. The processing of personal data in the context of the IPD is subject to the data protection laws of Belgium, and affected individuals have the legal rights conferred to them by the data protection laws of Belgium.
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 website 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 SoundExchange website and online registration 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.
SoundExchange welcomes your questions and comments.
By E-mail: firstname.lastname@example.org
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