The ASCAP Foundation Privacy Policy

Last Updated April 25th, 2019

TABLE OF CONTENTS

1. Introduction

2. General Applicability of This Privacy Policy

3. Information We Collect

4. How We May Use Your Information

5. How We May Share Your Information

6. User Choice and Access

7. How Do We Use Tracking Technologies

8. Data Collection From Children

9. Security

10. Data Retention

11. Your California Privacy Rights

12. Linked Services

13. Changes to our Privacy Policy

14. International Visitors

15. Contact Us



1. INTRODUCTION

The ASCAP Foundation (the “Foundation,” “we,” “us” or “our”) wants you to be familiar with how we “process” (i.e., collect, store, use and disclose) information from and about you. This is the Privacy Policy for (a) your interaction with www.ascapfoundation.org and all corresponding domains, subdomains, web pages and websites associated therewith (the “Sites”) and our awards and grant applications and submissions, donation or contribution programs, products and services, including if your membership in the American Society of Composers, Authors and Publishers (“ASCAP”) allows you to participate in such awards, grants or programs (collectively, the “Services”), (b) www.ascapfoundation.org and all corresponding domains, subdomains, web pages and websites associated therewith (the “Sites”) and (c) any other content, applications, features, functionality, information and services offered by us though the Sites, including, without limitation, any award applications or submissions, donations or contributions, and grant renewals or other grant-related submissions (the foregoing subsections (a) through (c) are individually and collectively referred to herein as the “Services”), and it applies to all individuals, including ASCAP members, who use our programs, products and services (whether offline or online), whether you are accessing and/or using the Services as a registered User, member of ASCAP or otherwise. This Privacy Policy applies regardless of the Device you use to access the Services. You should also review our Terms of Use Agreement, which governs your use of the Services. Any capitalized terms that are not defined in this Privacy Policy shall have the meaning given in the Terms of Use Agreement. This Privacy Policy will remain in full force and effect, even if your use of the Services or any particular feature or activity offered in connection therewith terminates, expires or is deactivated or suspended for any reason. We will either rely on our legitimate interest or our need to perform under a contract to process your information or you will be asked to affirmatively consent to our processing of your information, all in accordance with the terms and conditions of this Privacy Policy. If you do not agree with this Privacy Policy, please do not access and/or use the Services or any features, activities, products or services offered through or in connection therewith.

2. GENERAL APPLICABILITY OF THIS PRIVACY POLICY

This Privacy Policy governs only the information we collect about you (a) from you and (b) from Third Party Services (e.g., Facebook, Twitter, Instagram) and Operators, in each instance, on or in connection with your use of the Services, and does not cover any other information processed in any other manner or processed by any other entity, unless specifically stated. Where you have provided your information to third parties such as our affiliated companies, marketing companies, platform operators and/or technology providers, including, without limitation, our advertisers, sponsors and/or other promotional partners, including, without limitation, Third Party Services, and have agreed to share that information with us, we may obtain such information and combine it with the information we collect, and, if we do so, our use of the resulting combined information will be subject to this Privacy Policy.

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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. Information Collected by Tracking Technologies: Information processed by cookies will be processed in accordance with our Cookie Policy.

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

We may process your personal information for a variety of reasons that are permitted under data protection laws and in accordance with this Privacy Policy, which may include the purposes described below. If we use your information for other purposes than those mentioned below, we will notify you of these purposes before using your information and obtain your consent where necessary. The legal bases outlined below are the legal bases upon which we will rely to process the personal data of end users located in the European Union (“EU”).

  1. To fulfill our contractual obligations under an existing agreement with you or in anticipation of entering into an agreement with you, including:
    1. To review and process your application or submission for certain programs, grants, scholarships or awards administered by the Foundation;
    2. To provide you with awards, grants, scholarships, products and services you have requested, received and/or paid for; and
    3. To enforce your legal rights under an agreement.
  2. To meet and fulfill our legitimate business interests, including:
    1. To communicate with you about your applications or submissions, the Sites, the Services and the Foundation;
    2. 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;
    3. To manage our business needs, such as monitoring, analyzing, modifying and improving the Services’ and Sites’ functionality and performance;
    4. To prevent fraud and abuse on and unauthorized access to the Services and Sites;
    5. To provide you with information about programs, grants, scholarships, awards, products and services you have purchased or indicated your interest in;
    6. To determine which features and functionality of the Services users like best to help us operate, enhance and improve the Services; and
    7. To get to know our potential and existing applicants, donors and users.
  3. To comply with our regulatory and legal obligations or to enforce our legal rights, including:
    1. To meet reporting requirements (e.g., filing tax forms);
    2. To protect, enforce, or defend the legal rights, privacy, safety, or property of the Foundation and our affiliates and their respective employees, agents and contractors (including enforcement of our agreements and our Terms of Use Agreement);
    3. To protect the safety, privacy and security of Users of the Services, members of ASCAP or the public;
    4. To comply with the law or legal process, and/or respond to requests from public and government authorities;
    5. To enforce your rights as a copyright holder; and
    6. To report data breaches or unauthorized access to the Services.
  4. With your consent*:
    1. To provide you with mailings, newsletters and notices that you have asked to receive;
    2. To market to you by delivering marketing materials about the products and services of unaffiliated businesses; and
    3. To provide personalized services offered by us on third-party websites and online services.

*You can withdraw your consent at any time by following the steps in Sections 6 and 7 in this Privacy Policy.

5. HOW WE MAY SHARE YOUR INFORMATION

We will not share your personal information with others except in the following circumstances:

  1. 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.
  2. Third Party Service Providers: We may share information with other carefully selected third party operators, developers, merchants, website hosts, service providers and participants of the submission or application process, the review and evaluation of your application or submission and the use of your musical compositions for the purpose of (a) assisting with facilitating donations and evaluating your submissions or applications on or through the Services, (b) sending you information about our programs, awards, grants, scholarships, products, offerings and services, (c) providing information technology and submission assistance, and (d) providing, offering, supporting, administering, maintaining and enabling the Services (including providing a full range of content, activities, services, widgets, payment processors, features and functions offered on or in connection with or to enable the Services). They will only be given limited access to your personal data as is reasonably necessary to deliver the services they are engaged to provide. These third party service providers are required to collect and use any personal information collected from you on our behalf in a manner that is consistent with this Privacy Policy and/or applicable law. We request that service providers maintain commercially reasonable standards of security and confidentiality and must agree to keep such information secure and confidential in line with this Privacy Policy. In addition to the foregoing, please note that the third parties mentioned above will in many cases have their own statement regarding the processing of your personal information. We strongly advise you to carefully review these statements. We are not responsible for the actions of service providers or other third parties, nor are we responsible for any additional information you provide directly to any third parties. Some information that we provide to third party service providers may be in an aggregated and anonymized form and will not personally identify you.
  3. 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.
  4. Pursuant to Law, Rule or Regulation: We may share or disclose your information with other parties as we deem necessary or appropriate under applicable law, rule or regulation. Examples of these purposes include: to respond to requests from public, governmental and regulatory authorities, to comply with court orders, to obtain legal remedies or limit our damages, to enforce this Privacy Policy or the Terms of Use Agreement, and to protect the rights, safety and/or property of you, our employees or others.
  5. 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.
  6. 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:

  1. 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.
  2. Contact Us Page: You may also contact us via our “Contact Us” page

Additionally, you may opt-out of:

  1. 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.
  2. 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:

  1. Access or modify your personal information;
  2. 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;
  3. 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;
  4. 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;
  5. 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;
  6. Under certain circumstances, have your personal information transferred to another company;
  7. Withdraw any consents that you have previously provided to allow us to process your personal information; or
  8. 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

When you visit our Sites, use our Services, or visit a third-party website for which we provide online services, we and our business partners and vendors may use cookies and other tracking technologies (collectively, “Tracking Technologies”) to recognize you as a repeat visitor and to customize your online experiences, the Services you use, and other online content and advertising, measure the effectiveness of promotions and perform analytics, and to mitigate risk, prevent potential fraud, and promote trust and safety across the Sites and the Services. Certain aspects and features of our Services and Sites are only available through the use of Tracking Technologies, so if you choose to disable or decline Tracking Technologies, your use of the Sites and Services may be limited or not possible. Please review our Cookie Policy to learn more about how we use and how you may adjust and disable 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.

9. SECURITY

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

We access, retain, store and use personal information for the least amount of time necessary pursuant to our relationship with you (e.g., to provide you with or access to our awards, grants, contests, donations, products and services), in accordance with our data retention policies and applicable law. We do not collect more personal information than is necessary to fulfill our obligations to you or at law or for purposes stated in this Privacy Policy. Please be aware that even after you cease using the Services, copies of certain information you have provided may remain viewable under certain circumstances. For fraud detection or to comply with applicable law or our internal security policies, we may also retain backup information on our servers for some time after cancelation. Further, you acknowledge that it is not always possible to completely remove or delete all of your information due to technical constraints, contractual, financial or legal requirements.

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

The Services may be linked to other sites, widgets and platforms or embedded within the Services that are operated by other companies, including, without limitation, Third Party Services. The Foundation is not responsible for the privacy practices of such other sites, widgets and platforms or other services operated by third parties that are linked to, embedded within or integrated with the Services or for the privacy practices of third party service providers. Once you leave the Services via such a link, access a third party application, widget or platform, you should check the applicable privacy policy of the third party to determine, among other things, how it will handle any personally identifiable or other information that it may collect from you.

13. CHANGES TO OUR PRIVACY POLICY

From time to time, we may modify this Privacy Policy to reflect industry initiatives, third party requirements or changes in the law, technology, our information collection and use practices or the features and functionality of the Services, and such modifications shall be effective upon posting. When we change this Privacy Policy in a material way, a notice will be posted on our website along with the updated Privacy Policy. Your continued use of the Services after we post a revised Privacy Policy (and, where appropriate, notify you of same) signifies your acceptance of the revised Privacy Policy. It is therefore important that you review this Privacy Policy regularly to ensure you are updated as to any changes. We may continue to process your information based on our legitimate interests or in order to fulfill our obligations under a contract and/or may also seek your affirmative consent to the terms of the updated Privacy Policy. For example, we may ask for your consent before implementing new uses of the personal information that we’ve already collected from you based on such consent, if such new use was not addressed by the privacy policy under which such information was collected or if our legal basis for processing such information changes.

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

Although we urge you to contact us to find a solution for every concern you may have, you always have the right to lodge a complaint with your competent data protection authority. If you have questions about this Privacy Policy, please contact us as follows:

Submit a Request: Via our “Contact Us” page.

Mail:
The ASCAP Foundation
Attention: Privacy Administrator
250 West 57th Street
New York, NY 10107
This Privacy Policy was last modified on the date indicated above and is effective immediately.