Last Updated April 25th, 2019
TABLE OF CONTENTS
3. INFORMATION WE COLLECT
We collect personal information (i.e., information that identifies an individual or may be combined with other information to identify an individual) or other information about you when you visit our Sites or use our Services. The information and data we may process depends on your interaction with us. The key types of information that we may process include the following:
- Service-Related Information: In order to interact with certain features, content or functions of the Services (e.g., submitting applications to grant, award and scholarship programs), you may need to provide certain information, which may include your name, email address, gender, zip code, legal address, date of birth, residency information, performing rights organization affiliation, tax ID number, stage name and/or band affiliation. If you choose not to provide some of this information, you may not be able to use all of the features of the Services or submit to a contest, award or grant application. Such information may become available to the public.
- Payment Information: If you engage in any Fee-Based Services, make donations to the Foundation or engage in other transactions offered on or in connection with the Services, we and/or our third party payment processors may require certain payment information (e.g., bank account information, credit or debit card number, card type, expiration date and address associated with such credit or debit card) and additional information (e.g. your full name, physical address, telephone number(s)) to fulfill the applicable services or deliver the applicable products.
- Information Collected Through Additional Features and Functions of the Services: The Services may provide you with access to additional features and functionality, such as interactive and community features, message and comment functionality, posting and other functionality, which may, in certain instances, be subject to Additional Terms and requirements which will determine who can publicly or privately view such information. To participate in these features and functionalities, you may be asked to provide certain information about yourself and/or provide consent in order to personalize and/or permit your use of these features and functions.
- Communications Information: The Services may present you with the opportunity to sign up to receive newsletters, email correspondence, news alerts about laws that may affect music rightsholders, and/or other communications from us in order for us to provide up-to-date information about the Foundation, ASCAP, the Services or the music industry, and to publicize and promote certain content, products and services offered by us, our business partners and/or other third parties. When there is a separate sign-up for communications, we may ask for your contact information such as name, phone number and email address, and, sometimes, demographic and profile information.
- Technical, Operational and Customer Support Information and Feedback: When you use our customer support system, contact us for technical, operational or other support or otherwise provide any comments or feedback to us, you may be required to provide certain information relevant to your applicable issue or we may need to contact you to resolve the issue. Unless you provide us with an additional consent, we will only process this information to provide you with technical and support services.
- Information Related to Promotions, Competitions, and Contests: To participate in certain promotions, including competitions, contests, and surveys, there may be a separate registration or sign up process, which may require the submission of information (e.g., your full name, email address, mailing address, telephone number, demographic and/or profile information). Unless you provide us with an additional consent, we will only process this information to evaluate your submission or process your application or survey results.
Other Information We May Collect and Information from Other Sources. We may also collect other information when users visit our Sites or use our Services, which may include domain name, IP address, type of browser, type of device and type of operating system used. We may also supplement the information listed above that we collect with information from other sources, such as publicly available information from commercially available sources, information contained in the ACE Database and information from our affiliates or business partners.
4. HOW AND WHY WE MAY USE YOUR INFORMATION
- To fulfill our contractual obligations under an existing agreement with you or in anticipation of entering into an agreement with you, including:
- To review and process your application or submission for certain programs, grants, scholarships or awards administered by the Foundation;
- To provide you with awards, grants, scholarships, products and services you have requested, received and/or paid for; and
- To enforce your legal rights under an agreement.
- To meet and fulfill our legitimate business interests, including:
- To communicate with you about your applications or submissions, the Sites, the Services and the Foundation;
- To expand the Foundation’s grant and award program in order to provide ASCAP members and other composers, authors and publishers with additional programs, grants, scholarships and awards;
- To manage our business needs, such as monitoring, analyzing, modifying and improving the Services’ and Sites’ functionality and performance;
- To prevent fraud and abuse on and unauthorized access to the Services and Sites;
- To provide you with information about programs, grants, scholarships, awards, products and services you have purchased or indicated your interest in;
- To determine which features and functionality of the Services users like best to help us operate, enhance and improve the Services; and
- To get to know our potential and existing applicants, donors and users.
- To comply with our regulatory and legal obligations or to enforce our legal rights, including:
- To meet reporting requirements (e.g., filing tax forms);
- To protect the safety, privacy and security of Users of the Services, members of ASCAP or the public;
- To comply with the law or legal process, and/or respond to requests from public and government authorities;
- To enforce your rights as a copyright holder; and
- To report data breaches or unauthorized access to the Services.
- With your consent*:
- To provide you with mailings, newsletters and notices that you have asked to receive;
- To market to you by delivering marketing materials about the products and services of unaffiliated businesses; and
- To provide personalized services offered by us on third-party websites and online services.
5. HOW WE MAY SHARE YOUR INFORMATION
We will not share your personal information with others except in the following circumstances:
- Our Affiliated and Related Entities: We may disclose your personal information to our related entities including ASCAP (https://www.ascap.com) and its affiliated companies, including ASCAP Enterprises LLC (www.songwize.com/), in each case, in connection with your application or submission for certain programs, grants, scholarships or awards administered by the Foundation and in order to provide you with tailored offerings, products, services and communications or in accordance with our internal policies or administrative or business practices.
- Corporate Transactions or Events: We may disclose your personal information in connection with a merger, sale of substantially all of our assets, transfer, corporate reorganization or other disposition of our business.
- To Fulfill Your Requests: If you elect to use certain features or functions including sharing, messaging, posting, responding to surveys, making contributions or donations, and applying and submitting for awards, grants, contests and sweepstakes available on the Sites or via the Services, we may use your personal information to fulfill your request to participate in such activities and/or to share content on Third Party Social Media Services.
- With Your Consent: If we do not process your personal information in accordance with our legitimate interest or based on a contractual obligation we have with you, we may share or disclose your personal information if you provide us with your affirmative consent.
6. USER CHOICE AND ACCESS
We strive to provide you with as many choices as possible to access, review, correct, update, suppress or otherwise limit our use of the information you have provided or asked a third party to us, including:
- User Settings: You may have the ability to access and use certain features and functionality that provide you with the ability to set certain privacy, permission and options on the Services that, among other things: (a) allow you to control the visibility of or modify access controls to your personal information on the Services; (b) limit the amount of information you share with us; (c) limit our ability to take certain actions that may disclose your information; and/or (d) update and revise certain information you have previously provided. Please be aware that that if you limit the collection of certain information, you may not be able to use all of the features and functionality of the Services.
- Contact Us Page: You may also contact us via our “Contact Us” page
Additionally, you may opt-out of:
- Receiving electronic communications from us: If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out of receiving these marketing-related emails by (a) changing or editing your preferences using our Manage Subscriptions functionality, (b) contacting us via the procedures set forth above, and/or (c) using the opt-out mechanism that is contained in each such email. Please note that there are certain service notification emails that you may not opt-out of, such as notifications of changes to the Services or policies.
- Our sharing of your personal information with third parties for their marketing purposes: When we have previously requested your consent, you may request to withdraw your consent and ask that we no longer share your personal information with third parties for their direct marketing purposes by contacting us via the procedures set forth above.
We will try to comply with your request(s) as soon as reasonably practicable, but no later than within the timeframe required under applicable law.
If you are an EU citizen or reside in the EU, you may have certain rights with respect to the personal information you provided to us. To the extent permitted by applicable data protection laws, you may:
- Access or modify your personal information;
- Object, on grounds relating to your particular situation, at any time to the processing of your personal information if the legal ground we are relying on is our legitimate interest or in the public interest;
- Request that your personal information (i) be corrected if such personal information proves inaccurate or incomplete, or (ii) be erased if it is no longer necessary for the purposes for which it was processed, you have withdrawn consent to, or object to, the processing of such personal information and we meet no other legitimate basis for such processing or it has been unlawfully processed;
- Restrict the processing of your personal information if you contest its accuracy or the lawfulness of our processing, we no longer need it but you need it for a legal claim or you have objected to its processing and await verification of our legitimate grounds for processing it;
- Ask to stop receiving our marketing communications. If you opt out of marketing emails, you will continue to receive messages from us about your relationship with us where permitted by law;
- Under certain circumstances, have your personal information transferred to another company;
- Withdraw any consents that you have previously provided to allow us to process your personal information; or
- Lodge a complaint to the relevant data protection authority.
If you wish to exercise any of these rights please submit a data subject request message via our “Contact Us” page. Please note that some requests may require you to verify your identity.
7. HOW DO WE USE TRACKING TECHNOLOGIES
8. DATA COLLECTION FROM CHILDREN
Our Sites and Services are not directed to children under the age of 13 (if you are located in the United States) and under the age of 16 (if you are located outside the United States). We do not knowingly collect information, including personal information from children or other individuals who are not legally able to use our Sites and/or Services. Solely in connection with certain awards, contests, competitions and sweepstakes where users under the age of 13 are permitted to participate, we will ask for a parent or guardian to submit required entry information on behalf of the child, including their child’s created content. We typically require only the information necessary for a child to participate, such as the child’s name and their parent’s or guardian’s email address (to notify the parent or guardian where required by law). We only contact the parent or guardian for more personalized information for award-fulfillment purposes when the child wins the award, contest, competition or sweepstakes. We may only share your child’s information with our service providers if necessary for them to perform a business, professional, or technology support function for us in connection with the award, contest, competition or sweepstakes, and for no other purpose. Parents and guardians can review the information that has been collected pertaining to their child, and/or have such information deleted by contacting us at via our “Contact Us” page. If we obtain actual knowledge that we have collected personal information from someone under the applicable age listed above, we will promptly delete it, unless we are legally obligated to retain such data. If you believe that we have mistakenly or unintentionally collected information from someone under the applicable age listed above, please submit a request via our “Contact Us” page. For users in the United States, please also visit https://www.consumer.ftc.gov/ for information from the Federal Trade Commission about protecting children’s privacy online.
While no data transmission over the Internet is 100% secure from intrusion, we maintain and have implemented physical, electronic, technical and procedural security policies and measures to protect the personal information that we collect, use and/or store, which are consistent with applicable privacy and security laws. These policies and measures are designed to prevent against loss, misuse, unauthorized access, modification and disclosure and unlawful destruction of your personal information. However, regardless of our efforts and the Device you use to access the Services, it is possible that third parties may unlawfully intercept or access transmissions or private communications. We also limit access to the Services by our own employees, contractors, service providers and those individuals who are authorized for the proper handling of such information. We request that our third party contractors and service providers follow similar standards of security and confidentiality. However, regardless of our efforts, no one can guarantee the complete safety of your information.
While we are dedicated to securing your personal information and our systems and Services, you are responsible for securing and maintaining the privacy of your credentials (e.g., user name, password or account information) and verifying that personal information we maintain about you is accurate and current. We are not responsible for protecting any personal information that we share with a third-party based on an account connection that you have authorized.
10. DATA RETENTION
11. YOUR CALIFORNIA PRIVACY RIGHTS
If you are a resident of the State of California, we provide you with information above on how to exercise your choice options such as your right to opt-out or opt-in for use of your personal information by third parties for marketing purposes. Therefore, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third parties that received your personal information for marketing purposes during the preceding year. If you are a California resident and wish to request information about how to exercise your third party disclosure choices or other rights afforded under the law of the State of California, please contact us via our “Contact Us” page, or reach out to us by postal mail to the address set forth in Section 15 below. All requests must be labeled “Your California Privacy Rights” in the topic line or on the envelope or post card. For all requests, please clearly state that the request is related to “Your California Privacy Rights,” include your name, street address, city, state, zip code and e-mail address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (email or postal mail). We will not accept requests via the telephone or by fax. We are not responsible for notices that are not labeled or sent properly or that do not have complete information.
12. LINKED SERVICES
14. International Visitors
Our operations are supported by a network of computers, cloud-based servers, and other infrastructure and information technology, including, but not limited to, third-party service providers. We and some of our affiliates, servers, vendors and service providers may not be located in your jurisdiction and may also be located outside of the European Economic Area and Switzerland. Further, the Services are hosted in and managed from the United States of America (“U.S.”). If you visit the Services from a location outside the U.S., please be advised that any information you provide may be processed in and/or transferred to or from the U.S. or other jurisdictions, where privacy protections may not be as comprehensive as those in your jurisdiction. If you are an EU citizen or resident in the EU, we will transfer your personal information to the U.S. in accordance with EU data protection law requirements by using standard contractual clauses that have been approved by the European Commission or other appropriate means.
Please note that such transfers may also be necessary in order to perform our obligations under a contract with you, to fulfill a request made by you, to meet a legal or regulatory obligation and/or through obtaining you express consent. If you make transactions with parties outside the European Economic Area or Switzerland or connect our Service with platforms, such as Facebook, outside the European Economic Area or Switzerland, we are required to transfer your personal information with those parties in order to provide the requested Service to you. If you wish to gain more information about such transfers, please submit a request via our “Contact Us” page.
15. CONTACT US
The ASCAP Foundation
Attention: Privacy Administrator
250 West 57th Street
New York, NY 10107