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PRIVACY POLICY

This Privacy Policy applies to all individuals, including members of the Society, and covers personal, sensitive, and other information provided to the Filipino Society of Authors and Publishers, Inc. (“Society”) during and in relation to: (a) the application for membership in the Society; (b) availment of certain benefits or assistances made available by the Society to members, their representatives or heirs; (c) access to and use of membership support services provided by the Society; (d) access to and use of the Society’s official website (www.filcap.org), online social media and messaging groups, or membership portals (such as those accessible through members.filscap.com.ph or atlas.bmat.com) and their corresponding domains, subdomains, web pages and websites, as well as their future iterations, or any other similar site or service developed or caused to be developed by the Society,  (the “Sites”); (e) other membership events, activities and processes; and (f) other instances when information is voluntarily shared to the Society, regardless of the method or device used to provide and process the personal, sensitive or other information.  

By participating in the foregoing and by accessing and using the Sites or any of its features, activities, products, or services, you agree to be bound by this Privacy Policy, which constitutes a binding agreement between you and the Society.  

 1. INFORMATION WE COLLECT FROM YOU 

We collect personal, sensitive or other information about you when you participate in the processes enumerated above or visit and use our Sites. The information we may process depends on your interaction with us and may include: 

 a. Identifying data and contact information: These include names, email address(es), mobile number(s), sex, gender, date of birth, residence and permanent address, date of birth, business address, business type, emergency contact information, Tax Identification Number, bank account information, stage name and/or band affiliation, and photographs of yourself or your band.  

 b. Musical work and copyright information: These include information on musical compositions that you compose / author, publish, or administer, including work title, authorship, ownership, and percentage of share in the work. We may also receive personal information about you from third party collective rights management organizations, rights management entities, third party rights holders, licensing agents and related business partners for various business purposes, including the identification and verification of copyright and revenue interests in musical compositions in the repertoire of the Society, enforcing and protecting your legal rights and interests, and the licensing of your musical compositions and/or the collection, verification, and distribution of royalties as a result of such licensing activities. 

 c. Correspondences and support information: We collect our written correspondences with you for our records and improvement of our services. In case you contact us for member support or otherwise provide any comments or feedback to us, you may be asked to provide certain information relevant to any issue you raise and also contact information for purposes of facilitating the resolution of the issue. 

 d. Medical or property information: Solely in instances when you decide to avail of any medical assistance that may be offered by the Society to members, we may require information and documents on your medical expenses and the medical condition covered by the said expense. In case you decide to avail of any calamity assistance offered by the Society to members, we may also request for information on the address or the property affected, as well as photographs showing damage to the said address or property. 

 e. Other Information. We may also collect other information when users visit our Sites, 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, and information from our affiliates or business partners.  

2. HOW YOUR INFORMATION MAY BE USED AND FOR WHAT PURPOSE 

 We may process your personal, sensitive or other information for purposes permitted under Republic Act No. 10173 or the Data Privacy Act of 2012 (“DPA”) or other applicable data protection laws or regulations, and in accordance with this Privacy Policy, which may include the following purposes: 

a. To fulfill existing contractual obligations to you under an agreement, including: (i) reviewing and processing your membership application; (ii) negotiating, entering into, managing and administering licenses with third parties for the licensing of the Society’s repertoire; (iii) processing, calculating and distributing royalty payments derived from the licensing and usage of your musical compositions; (iv) communicating and resolving issues with licensees, other collective rights management organizations, rights management entities, administrators, licensing agents, and other service providers in relation to the usage of your musical compositions, your ownership interests therein and royalties accrued in connection thereto; and (v) enforcing your legal rights under an agreement. 

b. To encourage and promote community participation and awareness among the Society’s members, including: (i) notifying you of general assemblies, special meetings, song-writing camps, meetings or educational seminars on copyright administration, royalty distribution, or other socio-cultural activities conducted by the Society; (ii) sharing celebratory announcements on members celebrating their birthdays on the same month along with their photographs (if available and provided by the member); and (iii) capturing and recording your image or likeness for purposes of documenting and sharing records of events, camps, seminars, meetings and other activities conducted by the Society.  

c. To meet and fulfill our legitimate business interests, including: (i) communicating with you about the Sites, your account, your membership, and the Society; (ii) verifying, reconciling and publishing the copyright and revenue interests in and to musical compositions in the Society’s repertoire; (iii) updating the Society’s repertoire or database; (iv) monitoring, analyzing, modifying and improving the Society’s services and the Sites’ functionality and performance as well as their future iterations, which may include the migration of information or metadata you provided as may be necessary for such development; and (v) preventing fraud and abuse on and unauthorized access to the Sites. 

 d. To comply with the Society’s regulatory and legal obligations or to enforce its legal rights, such as: (i) complying with reportorial requirements (e.g., providing regulatory government bodies, such as the Intellectual Property Office of the Philippines, with information as may requested, or filing required forms with the Bureau of Internal Revenue); (ii) protecting, enforcing, or defending the rights, privacy, safety, or property of the Society and its employees, agents and contractors; (iii) protect the safety, privacy and security of users of the Sites, the Society’s members or the public; (iv) complying with the law or legal processes, and/or respond to requests from public and government authorities; (v) enforcing your rights as a member through available remedies, including, but not limited to, mediation, conciliation, arbitration, litigation, or other legal means; and (vi) reporting data breaches or security incidents. 

In the event that we use your personal or other information for other purposes, we will notify you and obtain your consent where necessary. 

3. HOW YOUR INFORMATION MAY BE SHARED 

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

a. Collective rights management organizations, rights management entities, licensing agents, administrators, licensees and business partners: We may disclose or share your personal or other information to third party collective rights management organizations, rights management entities, licensees, administrators, third-party partners or providers, or licensing agents who assist us in identifying and verifying work information, as well as copyright and revenue interests in and to musical compositions in our repertoire, enforcing and protecting your legal rights, licensing of your musical compositions and/or the verification, collection, and distribution of royalties as a result of such licensing activities. 

b. Third party service providers: We may share information with selected third party operators, developers, website hosts, and service providers and participants to the licensing of the use of your musical compositions for the purpose of (a) assisting with facilitating transactions and licensing of the use of your musical compositions; (b) providing information technology and member service assistance; and (c) providing, offering, supporting, administering, maintaining and enabling the Sites; or (d) processing work information for purposes of royalty distribution. They will only be given limited access to your personal data as is reasonably necessary to deliver the services they are engaged to provide and are requested to process personal or other information consistent with this Privacy Policy and/or applicable law. Some information we provide to third party service providers may be in an aggregated and anonymized form where you will not be personally identified. We request service providers to maintain commercially reasonable standards of security and confidentiality consistent with applicable laws and this Privacy Policy. In any event, 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.  

c. Legal or regulatory compliance: We may share or disclose your information with other parties as we deem necessary or appropriate under applicable law, rule or regulation, or in line with requirements of accrediting and regulating bodies, such as the Intellectual Property Office of the Philippines or our international umbrella organization, the International Confederation of Societies of Authors and Composers. These include responding to requests from public, governmental and regulatory authorities, complying with court orders, exercising legal remedies, enforcing this Privacy Policy and protecting your rights, safety and/or property, and that of the Society’s other members, officers, Trustees and employees. 

d. International servers: The Sites 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. If you visit the Sites from a location outside the Philippines, please be advised that any information you provide may be processed in and/or transferred to or from the Philippines or other jurisdictions, where privacy protections may not be as comprehensive as those in your jurisdiction. Please note that such transfers may be necessary to perform our obligations under a contract with you, to fulfill your request, to meet a legal or regulatory obligation and/or through obtaining you express consent.  

4. SECURITY 

We maintain and implement physical, electronic, technical and procedural security policies and measures to protect the information that we collect, use and/or store and which are designed to prevent against loss, misuse, unauthorized access, modification and disclosure and unlawful destruction of your personal or other information. It remains possible, however, that third parties may unlawfully intercept or access transmissions or private communications. Only employees, service providers and other individuals who are authorized for the proper handling of such information are allowed to access your personal information or manage the Sites. We request our third party service providers to abide by similar standards of security. However, regardless of reasonable efforts, no one can guarantee the complete safety of your information. 

While the Society exercises reasonable efforts to secure your personal and other information, you remain responsible for securing and maintaining the privacy of the credentials in your user accounts to the Sites (e.g., user name, password or account information) and verifying that personal information that you provide and that we maintain about you is true, accurate and current.  

5. DATA RETENTION 

We access, retain, store and use personal or other information for only the time necessary pursuant to our relationship with you 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 under applicable law.  

Please note, however, that copies of certain information from your user account in the Sites may remain viewable even after deletion or termination of the User account. To comply with applicable law or our internal security policies, we may retain backup information related to your User Account on our servers for some time after termination. 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.  

6.  UPDATES TO OUR PRIVACY POLICY 

 We may update this Privacy Policy from time to time as may be needed to respond to changes in the industry, to address third party requirements or developments in the law, technology, our information collection and use practices, or the features and functionality of our processes and the Sites. These modifications shall be effective upon posting on our official website. Any material change on the Privacy Policy will be posted on our official website along with the updated Privacy Policy. Your continued use of the Sites and participation in membership processes after the effectivity of any updated Privacy Policy or after we have notified you of such updates will constitute your acceptance of the amended Privacy Policy. You are therefore encouraged to review this Privacy Policy regularly to ensure you are updated of any changes.  

In case of updates to the Privacy Policy, we may continue processing your information based on our legitimate interests or to fulfill our obligations under a contract, or we may seek your consent on the terms of the updated Privacy Policy in appropriate cases (e.g., in case there will be new uses of the information we’ve already collected from you or in compliance with changes in laws and regulations). 

7. HOW YOU CAN CONTACT US 

You may exercise your rights available to you under the DPA,  which may include: (a) the right to be informed on information we collect and its processing; (b) the right to object or withhold consent to processing of your personal data; (c) the right to reasonable access certain information on the processing of your personal data; (d) the right to rectify and correct your personal data; (e) the right to suspend, withdraw, order the blocking or removal or destruction of your personal data based on allowable grounds under the law; (f) right to damages due to inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of personal data; and (g) the right to lodge a complaint with the National Privacy Commission. All the said rights are subject to the limitations under the DPA. 

We urge you to contact us should you have questions on the processing of your personal data or wish to exercise your rights as a data subject. You may address your queries or requests to privacy@filscap.com.ph