Effective Date: November 5, 2020
HOWEVER, IF YOU ARE A RESIDENT OF THE EUROPEAN ECONOMIC AREA (“EEA”) USING OUR SITE OR OTHERWISE SUBMITTING PERSONAL DATA TO US, WE WANT TO ASSURE YOU THAT WE HAVE ADOPTED PRACTICES AND POLICIES TO ENSURE COMPLIANCE WITH THE EUROPEAN UNION’S GENERAL DATA PROTECTION REGULATION (“GDPR”) AS WELL AS THE UNITED KINGDOM’S RELATED LEGISLATION, KNOWN AS “UK-GDPR.” AS THE CONTEXT REQUIRES, GDPR REFERENCES ARE DEEMED TO INCLUDE UK-GDPR. IN ADDITION, IF YOU ARE A NATURAL PERSON RESIDENT IN CALIFORNIA (“CONSUMER”), WE ALSO WISH TO ASSURE YOU THAT OUR PRACTICES AND POLICIES COMPLY WITH THE REQUIREMENTS OF THE CALIFORNIA CONSUMER PRIVACY ACT OF 2018 (“CCPA”), ONE OF THE MOST STRINGENT STATE LAWS PROTECTING THE PERSONAL DATA OF CONSUMERS. APM HAS OPTED TO EXTEND MOST OF THE STRINGENT GDPR AND CCPA REQUIREMENTS FOR THE PROTECTION OF PERSONAL INFORMATION/DATA TO ALL USERS OF THE SITE WHEREVER LOCATED AS INDICATED BELOW, AND TO ANY OTHER PERSONAL INFORMATION PROCESSED BY APM, NO MATTER WHERE YOU RESIDE. PLEASE REVIEW THIS ENTIRE POLICY, WHICH SETS FORTH HOW APM WILL HANDLE YOUR PERSONAL DATA AND PRIVACY.
1. The Information We Collect and Why; Basis for Collection. When using the Site or when you contact APM, you may be asked to provide certain personal data about yourself (collectively and as defined in GDPR, “personal data” and sometimes called “personally identifiable information” or “PII” under applicable privacy laws):
- Publisher or Composer Data: If you are an APM publisher or composer we may collect necessary personal data about you from you, and sometimes from a variety of other sources, including name, address, email, domicile/country of residence, citizenship, Performance Rights Organization (“PRO”) affiliation, IPI number (international identification number assigned to songwriters and publishers), telephone, fax, date of birth, date of death (for its copyright implications). All such personal data is collected for necessary contractual (and legitimate interests such as copyright) reasons, so that APM can pay required royalties to the publisher and/or composer.
- Payment and Financial Information: APM is an organization that collects revenues from contractual licensees of its music/tracks, and then pays its employees and vendors, as well as music libraries, composers and musicians who receive royalties. The personal data collected may include name, address, email, telephone, tax identification number, various tax forms, banking details. These payments all have HR/employment and contractual bases (although with respect to GDPR, we have no employees outside of the United States).
- Sales and Account Development Information: In order to promote sales of APM’s music tracks, our sales department collects certain personal data from various sources, including from personal inquiries by potential prospects, emails, etc., which may include name, address, email, phone, fax, job title, department, division, “reports to” name, assistant name. Some of this information has a contractual basis, and some of this information (if collected from EEA residents ) would be based upon consent by virtue of GDPR.
- Site Information: If you engage with us on the Site, for example, if you have an interest in licensing our music for a production, you will be asked to register online, providing name, company name, title, email, phone and country. If the country is not the United States or Canada, you will not be able to register. While this collection of personal data has a pre-sales contractual basis, so that we can complete an online license agreement with you, it does not apply to Site visitors from the EEA who are not permitted to complete their online registration. Or you may wish to contact APM for some other reason, by filling out the “Contact Us” form on the Site, which asks for name and email address. The basis for any marketing or promotional use of your information, if you are a resident in the EEA, would be your consent.
- The Site server automatically collects data about your home server’s domain and your device’s IP address when you visit the Site. Our server also may record the referring page that linked you to us, e.g., a search engine. We use this information only for internal review and analytics in aggregated and anonymized (not personally identifiable) form. Our server will not automatically record your name or e-mail address. Your e-mail address and other personal data will not be known to APM unless you voluntarily submit it to us
3. How We Use the Information We Collect. We use your personal data for various purposes such as to carry out APM’s obligations arising from any contracts entered into between you and APM, to comply with laws such as copyright laws, and to provide you with the information, products and services that you request from APM, to notify you about changes to the Site, to respond to requests for information, to manage your access to the Site and to provide customer assistance. In Section 1 above, we set forth how we use personal data on a category by category basis, such as being able to register our composers with the appropriate PROs and to ensure that they are properly compensated, ensuring that employees are provided with salary and benefits, ensuring that licenses with customers are fulfilled in all respects. As indicated, the Site does certain promotional outreach, generally confined to the United States and Canada. Occasionally we may use your contact information to send you special offers from APM. If you prefer, you can choose not to receive such information from APM by indicating your preference in an e-mail message to APM at: or at the time you provide requested information to us. You may also unsubscribe via the Unsubscribe link found at the bottom of every APM marketing email. In addition, APM reserves the right to disclose any Content, records, or electronic communication of any kind (including personal data or private electronic communication transmitted on the Site): (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate APM and/or the Site; or (iii) to protect the rights, safety or property of APM or its employees, users, sponsors, providers, licensors, or merchants. APM also reserves the right to reject any order or to request additional information from any customer as APM deems necessary. It is important to emphasize that APM never sells your personal data or information to third parties.
4. Access, Corrections. If you would like to make sure that the personal data we have about you is accurate or if you wish to change your information in our database, or have it deleted, just send an e-mail message explaining the correction or change to: . In addition, we extend to you the rights set forth in Section 11 below regarding access, correction, deletion, portability, and the right to be forgotten.
5. Links. The Site contains links to other websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies which will govern your navigation and activities on such websites. Please check such third-party site privacy policies before you submit any personal data to them. We are not responsible for the personal data/information collection and use practices of those other sites, and hereby expressly disclaim all responsibility and liability which may arise from your use of third-party sites.
6. Security. We use current industry standard technology and security procedures to maintain the confidentiality and accuracy of the personal data you provide to us and to prevent its loss or misuse. Moreover, this Site is hosted by a secure third-party data center, which maintains state-of-the-art security throughout its global data centers, with restricted access. Although no data transmission over the Internet can be guaranteed to be 100% secure, and despite the care we exercise to provide a secure transmission, we cannot guarantee that the personal data you submit to us will be free from unauthorized third-party intrusion. You therefore understand and agree that all information you submit to APM or post on the Site is done at your own risk. In the event that we believe that there has been a security breach involving your personal data, we would endeavor to notify you and/or the appropriate authorities promptly in accordance with applicable law. In the event such notification is appropriate under the circumstances, we would first try to notify you at the latest email address we have for you on record, subject to legal requirements.
9. Children’s Privacy. The Site is a general audience website not intended for any person under 18 years old without parental consent. We do not knowingly collect personal data from any person under the age of 13 in the United States or Canada, or under 16 years old in the EEA.
11. Additional Rights Arising from GDPR, CCPA, PIPEDA and Other Recent Laws. You may be entitled to certain additional rights and protections when we process your personal data. Please see the paragraphs below for more details. APM may function as a data controller and data processor with respect to your personal data. “PIPEDA” refers to Canada’s Personal Information Protection and Electronic Documents Act. With respect to PIPEDA, we emphasize that we make clear what personal information we need to collect and for what purposes, and we seek consent as the basis for data collection when we cannot demonstrate a contractual or legitimate interests basis for data collection, as indicated below.
Cookies. With respect to web cookies and similar technologies that are not strictly necessary for our collection of personal data, APM seeks consent from users of the Site who are located in the EEA based on a separate Cookies Policy.
APM also has legitimate interests under Article 6(1)(f) of the GDPR with respect to certain situations where APM needs to process your personal data to comply with applicable laws (as a U.S.-based company, APM is subject to U.S. laws and must comply with them), provide adequate customer service, or improve our products and services. In these cases, we will ensure that your privacy and other fundamental interests do not override our legitimate interests.
Finally, APM relies on your consent with respect to cookies that are not strictly necessary in the event that we collect any personal data from you for marketing purposes on the Site, however, we strive to avoid collecting personal data about EEA residents by requiring you to indicate your country when you seek to register with the Site for licensing or other purposes. As APM only supports most of its music/tracks in the United States and Canada, we collect relatively little personal data from the EEA.
Personal Data Transfers outside the EEA. It is probable that some of your personal data will be transferred to servers in the United States, and the United States may not provide adequate data protection according to the European Commission. Most of that data is located in secure third-party data centers, subject to a high degree of security and protection. APM intends to provide an adequate degree of protection as required by GDPR, including where appropriate: entering into appropriate data transfer agreements based on language approved by the European Commission pursuant to GDPR Art. 46(5), such as the Standard Contractual Clauses, implementing appropriate physical, technical and organizational security measures to protect personal data against accidental or unlawful destruction, alteration, loss, unauthorized disclosure or access, and other unauthorized or unlawful processing; and taking other measures to provide an adequate level of protection in accordance with applicable law.
Data Retention. APM keeps personal data for as long as required to meet our obligations to you, often contractual requirements, and to comply with applicable law. For example, if you register with APM on the Site, we retain your personal data for as long as you have an account with us and thereafter for as long as required for us to comply with applicable law, fulfill our contractual obligations to you or defend our legal interests in connection with any claim or action we might face before a dispute resolution body. We take commercially reasonable measures to ensure that personal data is deleted, erased or anonymized as soon as possible once the purposes for which such data was collected have been fulfilled.
Data Subject Rights. You have the right to know and access what personal information we collect about you, and the purposes for which such information will be used, the categories of personal information that were collected in the twelve months preceding your request, and what categories of personal information were sold or disclosed for business purposes (although we do not sell any personal information), and to whom, in the 12-months preceding such a request for your information. You have a right to request from APM access to and rectification, updating or erasure of your personal data. You also have the right to request the restriction of processing concerning you, in which case such personal data would be marked and processed by us only for certain purposes. We will not charge a fee for this, provided the request is not excessive or unreasonable. In addition, you have the right to data portability, which allows you to receive from us personal data about you which you have provided to us in a structured, commonly used and machine-readable format, such as a .CSV file. We will do this free of charge. If it is technically feasible, you can request that we transmit the personal data directly to another organization, rather than to you. We will respond to the request within 30 days, unless the request is complex or you send us multiple requests, in which case we can extend our response by another 2 months upon notice to you. You also have the right to equal treatment/service despite any request you make; you will not be discriminated against by virtue of your exercise of the foregoing rights. Except in unusual circumstances, such requests should be limited to no more than twice per year. To submit a request, send an e-mail message to APM at: firstname.lastname@example.org, or call us at our toll-free telephone number: 1-888-415-1032
You also have the right to object to various data processing activities, including processing activities that are based exclusively on your consent or processing for the purposes of direct marketing. You can exercise such rights by emailing . Please note that these rights may be subject to limitations and conditions under the GDPR or applicable national data protection laws.
If our collection of personal data from you has been based on obtaining your consent, you have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal. You have the right to lodge a complaint with a supervisory authority if you are based in the EEA.
We may choose not to fulfill any request that we determine is illegal or incorrect, where we need to maintain the personal data because of our contractual or legal obligations (e.g., personal data in legal case files), where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy, or where the rights of persons other than the individual would be violated, but our intention is to comply with opt-out requests, and other requests that seek to correct, update or delete your personal data, as fully as possible in accordance with applicable law. You will also be given notice should we use your personal data for a purpose other than that for which it was originally collected or processed. We do not ask for, collect or knowingly receive sensitive personal data, i.e., personal data specifying medical or health conditions, racial or ethnic origin, political opinions, religious beliefs, or information relating to sex life
Profiling. APM does not use automated decision-making in connection with the Site or the services we offer in a way that produces legal effects concerning you or which significantly affects you.