MusicMark Privacy Policy

Effective as of January 22, 2026

"MusicMark" is a collaboration among the American Society of Composers, Authors and Publishers ("ASCAP"), Broadcast Music, Inc. ("BMI") and the Society of Composers, Authors and Music Publishers of Canada ("SOCAN" and with ASCAP and BMI, "we," "our," or the "Societies"). MusicMark was established to develop common online tools, methodologies and services through which the Societies can receive and process musical composition registrations from rights owners on behalf of all of the Societies. We want you to be familiar with how we "process" (i.e., collect, store, use and disclose) information from and/or about you in connection with the Services.

This Privacy Policy covers your use of and access to (a) www.musicmark.com and all corresponding domains, subdomains, web pages and websites associated therewith (the "Site"), (b) the database, folders, database processes, protocols, API, tools, and ancillary services (the "Platform"), either by accessing the MusicMark file transfer protocol server (the "FTP Server") or otherwise, and (c) any other information, content, applications, features, functionality and services made available on or through the Site, FTP Server and/or Platform ((a), (b) and (c) are collectively referred to herein as the "Services") and apply to you whether you are accessing the Service as a registered User, member of one of the Societies or otherwise. You should also review the 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 ascribed to them 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 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 the terms of 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.

1. Information We Collect

   We collect some personal information that relate to the musical works that you register through the Services and your relationship with the Societies or other information about you when you visit 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:

   • Submitted Musical Composition Information: You may submit, upload and make available, via your folder on the FTP Server or otherwise, Submitted Musical Composition Information, writer and publisher affiliation and membership information and other ownership interest information when interacting with the Services. If you provide such Submitted Musical Composition Information (e.g., directly to one of the Societies or through your folder on the FTP Server) such information may become available to the public. We may also receive personal information from other collective rights management organizations, independent management entities, administrators, rights holders, licensees, service providers and related business partners for various business purposes, including to simplify the music registration process and create a common, authoritative picture of the music compositions that the Societies represent. This additional information may be used to supplement the information that you submit through the Services.
   • Registration Information: In order to access and use certain features, content, folders or functions of the Services, you may need to register for a User Account. When you create a User Account, we will collect personal information as necessary to offer and fulfill the Services (e.g., to give you access to the Platform and provide you with Musical Composition Information) you request. Depending on the Services you elect to use, we may ask you to provide your name, email address, phone number(s), mailing address, performing rights organization affiliation, stage name and/or writer or publisher affiliation(s). If you choose not to provide some of this information, you may not be able to use all of the features of the Services.
2. How and Why We May Use Your Information

   We may process your personal information (depending on your interaction with us) 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. To the extent our activities are subject to data protection laws enacted in and administered by the regulatory authorities in the European Union ("EU") that specify legal bases to process your information, 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 EU.

   • To fulfill our contractual obligations under an existing agreement with you or in anticipation of entering into an agreement with you, including:
     • To simplify the music registration process;
     • To create a common, authoritative picture of the music compositions that the Societies represent;
     • To verify, reconcile and publish the copyright interests in and to musical compositions in the Societies' repertories;
     • To communicate and resolve issues with other collective rights management organizations, independent management entities, administrators, rights holders, licensees, service providers and related business partners regarding Musical Composition Information;
     • To provide you with services you have requested; and
     • To enforce your legal rights under an agreement.
   • To meet and fulfill our legitimate business interests, including:
     • To communicate with you about your User Account, your affiliation with the Societies, your affiliation with other rightsholders or collective rights management organizations and the Services;
     • To manage our business needs, such as monitoring, analyzing, modifying and improving the Services' functionality and performance;
     • To provide you with information about services similar to the Services;
     • To prevent fraud and abuse on and unauthorized access to the Services; and
     • To determine which features and functionality of the Services users like best to help us operate, enhance and improve the Services.
   • To comply with our regulatory and legal obligations or to enforce our legal rights, including:
     • To protect, enforce, or defend the legal rights, privacy, safety, or property of the Societies and our affiliates and our respective employees, agents and contractors (including enforcement of our agreements and our Terms of Use Agreement);
     • To protect the safety, privacy and security of users of the Services, members of the Societies 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.
3. How We May Share Your Information

   We will not share your personal information with others except in the following circumstances and pursuant to the permitted uses and legal bases described in Section 2:

   • Collective Rights Management Organizations, Rightsholders, Third Party Service Providers and Administrators: We may disclose your personal information to third party collective rights management organizations, independent management entities, third party service providers, administrators and rightsholders (collectively, "Other Organizations") who assist us in identifying and verifying copyright interests in and to musical compositions in the Societies' repertories, enforcing and protecting your interests as a copyright holder, creating a common, authoritative picture of the music compositions that the Societies represent and providing or improving our services, including data processing and cloud computing services. We may also allow the Other Organizations to use your personal information as part of their business operations in furtherance of maintaining and administering musical compositions in the Other Organizations' repertories and the Societies' repertories, supplementing and verifying Musical Composition Information and information related to the musical compositions in the Other Organizations' repertories, identifying and verifying copyright interests in and to musical compositions in the Societies' repertories and the Other Organizations' repertories, enforcing and protecting the interests of copyright holders and creating a common, authoritative picture of the music compositions that the Societies and Other Organizations represent.
   • Publicly via the Societies' Databases: The Societies may share and disclose certain Musical Composition Information in public or private databases administered by the Societies. Some of this information will be made public upon your submission or uploading of such information.
   • 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.
   • 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.
   • To Fulfill Your Requests: If you elect to use certain features, folders or functions, including, enabling you to upload Submitted Musical Composition Information to the Platform, we may use your personal information to fulfill your request.
   • 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.
4. 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 provide to us, including:

   • User Account: If you have registered for a User Account to assist us with providing the Services, you may have the ability to update, delete and correct your User Account information. To update, delete and/or correct information in your User Account please email us at musicmark@musicmark.com.
   • Contact Information: If you provided contact information in connection with your use of the Services, you may have the ability to update, delete and correct your contact information. To update, delete and/or correct information in your contact information please email us at musicmark@musicmark.com.

   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 be corrected if such personal information proves inaccurate or incomplete;
   • Request that your personal information be erased if it is no longer necessary for the purposes for which it was processed;
   • Withdraw your consent to, or object to, the processing of your personal information if we meet no other legitimate basis for such processing or your personal information 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;
   • 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 email your data subject request to us at musicmark@musicmark.com. Please note that some requests may require you to verify your identity.

5. 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, 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 User Account information) and verifying that personal information we maintain about you is accurate and current.

6. 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 the 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 cancel your User Account, copies of certain information from your User Account (including Submitted Musical Composition Information) or that you uploaded to the Platform 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 related to your User Account or the information you previously uploaded to the Platform 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.

7. 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 at musicmark@musicmark.com, or reach out to us by postal mail to the address set forth in Section 10 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.

8. 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 the uploading of a revised Privacy Policy to the FTP Server and/or posting to the Site. When we change this Privacy Policy in a material way, the updated Privacy Policy will be provided to you by the Societies. Your continued use of the Services after we upload and/or post a revised Privacy Policy 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.

9. International Visitors; Data Transfers

   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, partners, collective management organizations, servers, vendors and service providers may not be located in your jurisdiction and may also be located outside of the European Economic Area, the United Kingdom 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 (including Musical Composition Information) 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 and to the extent required, 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 transfers of personal information outside of the European Economic Area, the United Kingdom and Switzerland may also be necessary in order to perform our obligations under a contract with you (including under the Terms of Use Agreement or agreements you have with the Societies, such as a membership or affiliation agreement, or agreements you have with other collective rights management organizations), 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, the United Kingdom 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 contact us musicmark@musicmark.com.

10. 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 at:

    Email: musicmark@musicmark.com

    Mail:
    MusicMark
    c/o Broadcast Music, Inc.
    Attention: Legal
    7 World Trade Center
    250 Greenwich Street
    New York, NY 10007-0030

    This Privacy Policy was last modified on the date indicated above and is effective immediately.