Privacy Policy
About BIEM
BIEM (Bureau International des Sociétés gérant le droit d'enregistrement et de reproduction mécanique) is the international organisation representing mechanical rights societies. Mechanical rights societies exist in most countries. They license the reproduction of songs (including musical, literary and dramatic works). Their members are composers, authors and publishers and they are contracting with record companies and other users of recorded music. They also license mechanical aspects of the exploitation of music via the Internet.
The mechanical rights societies issue the licenses and collect the royalties which they distribute to the owners of each work.
Members of BIEM enter into representation agreements to allow each of them to represent the others' repertoire. In this way, a BIEM society is able to license users for the vast majority of protected works in the world.
BIEM negotiates a standard agreement with representatives of the International Federation of the Phonographic Industry (IFPI) fixing the conditions for the use of the repertoire of the societies. The standard agreement is applied by the member societies to the extent that there is no compulsory licence or statutory licence in their territory. BIEM's role is also to assist in technical collaboration between its member societies and to help in solving problems that arise between individual members.
BIEM represents and defends the interests of its member societies, particularly in forums relating to authors' rights. BIEM also collaborates with international non-governmental organisations, which pursue the same objectives as its own. These include, in particular, CISAC (International Confederation of Societies of Authors and Composers) and GESAC (European Grouping of Societies of Authors and Composers).
Our principles
BIEM respects your concerns about protecting your privacy and personal data. BIEM is committed to maintaining the appropriate confidentiality and security of personal data that we process by complying with our legal obligations in respect of privacy and data protection.
This policy aims at giving you a comprehensive explanation of how your data is handled by BIEM and on how we comply with our obligations under the General data Protection Regulation (GDPR) which regulate how organisations may collect, use, disclose and store personal information, and how individuals may access, and correct personal information held about them. As a French based organisation, we are also bound by the terms of the French Data Protection Act ("Loi n°7-17 du 6 Janvier 1978") which supplements the GDPR.
In this privacy policy:
- 'personal information' has the same meaning as defined by section 4-1 of the GDPR : any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- 'BIEM members' and 'members' are used alternatively and refer to BIEM Member, Voting and Non-Voting, as defined under BIEM Statutes.
Contact. If there's anything that is not clear from this privacy policy, please feel free to contact us.
Scope
This Privacy Policy applies to all personal data of users collected or used by BIEM in relation to this website (the 'Site'). This includes information received via our website, information processed as part of the providing of our Services to our members, and other parties and information provided to BIEM in the context of events organised by BIEM.
Collection and use of Personal Data
Browsing
Data we collect. You may access and read material on this website without giving us any information that directly identifies you. However, we may require you to identify yourself to provide you access to parts of the BIEM website with restricted access. Such use is based on our legitimate interest to manage the Site.
In addition, we automatically collect certain information about you when you access or use the Site, notably connection data (such as information about the device you use to browse, the operating system, the inferred location of your IP address to identify your computer, your visit duration, pages visited...). This information allows us to analyse the way you interact with certain content. To find out more about cookies and how to delete them, please see the Google analytics.
Data controller. BIEM is the data controller for the processing activities linked to the management of the Site.
BIEM Account
- Account creation: To access to restricted parts of our Site, you need to request the creation of an online account. Account creation is restricted to our members' representatives and our member's affiliates (rightsholders). By requesting an account creation and filling out the account creation form, you agree to the processing of your personal data by BIEM and disclosure to the concerned members for the purposes of account creation and eligibility verification.
- Data we collect: You are required to provide identification and contact information (such as your name, organization name, mailing address, phone number, e-mail address), and other professional information (such as your position)
- BIEM's further use of your account data: BIEM account data is used to administer your account, enable your access to BIEM services and ensure the security of your data and to ensure the security of your data and of the Site. Your contact information may also be used to send you our news headlines or information as well as to organise events and BIEM committees' meetings. Such use is based on the legitimate interest, ours and that of our members, to provide/access to relevant information and services, and our legitimate interests to organise our activities.
- Confidentiality: Account information is for BIEM only and is not disclosed to third parties. However, if you represent a BIEM Member, this information is transferred for validation to the BIEM member you represent, or the BIEM member you are affiliated to, who will notify BIEM of its decision.
- Retention: Account information data is kept by BIEM as long as your account is active. You must notify BIEM when you cease to meet the conditions for detaining an account. BIEM Account is automatically closed when the concerned BIEM member notifies us you have ceased to represent one of our members, or you no longer meet the conditions for having a BIEM account.
- Data Controller: BIEM and BIEM Members are joint controllers for the processing activities linked to the account creation and eligibility verification (joint data collecters). BIEM acts as data controller for the further use of our data.
Contact: Should you encounter difficulties with the creation of your account or if you need more information about the processing of our data in that context, please email us at info@biem.org.
BIEM members directory
- Public information:. BIEM keeps a directory of its members and of their representatives to serve the legitimate interest of BIEM and its members to inform the public about membership. The public part of the website identifies members of the Official Bodies by their name and first name.
- Communication among BIEM and its members: BIEM keeps a private directory of its members, and of their representatives (i) to serve the legitimate interest of BIEM and its members, (ii) to manage our relationship with our members, and (iii) facilitate communication among members.
- Data: The internal directory inventories the identity and professional contact information of the representatives, their role and/or participation to BIEM committees and other activities, and, also, to the discretion of the member's representative, emergency and other useful contact information (including PA contact information). Use. If you register for an account and you represent a BIEM member, your directory information (identification, position, BIEM member, professional contact details) may be used to update the BIEM staff contacts. Confidentiality. The 'Staff Contact details' are only accessible to BIEM employees, and registered BIEM members' representatives.
- Source of the data: BIEM Contact information is fed and updated after information collected from BIEM members or their representatives.
- Retention. Your personal information is processed as long as you are a registered BIEM member executive, or an employee of a BIEM member.
- Data controllers: BIEM acts as main data controller for the processing activities linked to the keeping of the Members' directory. BIEM members are joint controllers to the extent they are responsible for providing BIEM with relevant information and keeping the information up to date.
Contact: Should you find any inaccuracy in the BIEM directory, please email us at info@biem.org.
BIEM databases
BIEM proposes databases on licensing conditions, BIEM's members collections figures, Societies' contact staff and signatories of the BIEM/IFPI Contract and a Manufacturing agreement. It serves the objectives of BIEM and helps our members to license, collect and distribute royalty payment for protected works of their respective affiliates.
- Registration data: When accessing BIEM databases, your personal data (identification, credentials, connexion data) may be processed by BIEM, (jointly with appointed administrators) where applicable, for the purpose of granting you access to the BIEM databases. –Retention. Your personal information is kept by BIEM and where applicable the administrator of the BIEM database, as long as your registration is active.
- Joint controllers: If you are a registered user, BIEM, and if applicable jointly with the BIEM database administrator, acts as data controller regarding the processing of your personal data. The BIEM member you are represented or in contract with, is responsible for the registration, the update and the deletion of your personal data into the BIEM website.
- Exercise of privacy rights regarding BIEM databases: To exercise your privacy rights regarding personal data processed in the context of BIEM databases, please contact the BIEM member you are in agreement with or employed by.
Contact: If you need more information about the BIEM databases, please email us at info@biem.org.
BIEM event management
- Our legitimate interest: BIEM organize events with its members and third parties to offer forum of discussion and serve the legitimate interest of BIEM and its members to communicate about their activities.
- BIEM members data: –Use. When participating to a BIEM event, your personal data (identification and contact information, record of your participation, food and other preferences) may be processed by BIEM for the purposes of planning the event (date, localisation, food, attendance), and provide information to individuals about this event. –Retention. Information about your food and other preferences will be deleted right after the happening of the event. Additional information is used to organise future events but also to understand your needs and interests in our events. Information about attendees which represent BIEM members will also be used to up-date BIEM records, such as CISAC directory, which is accessible to BIEM members,. This information will be kept by CISAC, on behalf of BIEM, as long as you are a BIEM member.
- Other attendees' data: When participating to a BIEM event as an attendee or presenter, your personal data (identification and contact information, record of your participation and food preferences) may be processed by CISAC for the purposes of planning the event. Information about your food preference will be deleted right after the happening of the event. Other information will be kept in order to keep a record of the participation, organize future events and provide information to individuals about events and future events.
- Data controller: BIEM acts as data controller. However, where the event organised jointly with BIEM members or third parties, BIEM and such third parties generally act as joint controllers. To find out, please consult specific information notices linked to the event.
Contact BIEM
- General requests: You may request information, have a question and want to make a suggestion to us and there are a number of ways to get in touch with BIEM. You may contact us by post, by phone, or by completing the email form in our website or communicate with us in any other way.
- Technical support: When you contact us for any technical or other website related support, we may retain that information on record so as to process your request. Such information may include the transcript, emails or other information which is relayed by you throughout the support request process.
- Data we collect: In order to process your request, we may collect information to identify and contact you (at least your name and your email address), about the nature and the content of your message.
- Legal basis: By communicating with us in any way, you consent to the processing of your personal data by BIEM and disclosure to the third party for the purposes of managing your inquiries and answer your questions. When you contact us as a Member representative, your data is processed based on our legitimate interest to offer assistance to our members.
- Retention: General support requests data is deleted after a period of one year once we have processed your request for evidence purposes. Technical support data is deleted once we have processed your request.
- Data controller: BIEM is the data controller of data processing activities necessary to deal with your requests.
Other Data processing
We only use and disclose personal data for the purposes which directly relate to one of our missions or activities. We will not provide your personal information to other entities or bodies unless the following applies:
You have consented: you would reasonably expect, or have been informed, that such kind of data would be passed on to those entities, bodies.
Legal obligations: BIEM also processes and discloses your personal data when legally compelled to do so (accounts keeping; requisition and claims...).
Processors
BIEM shares your personal data collected with CISAC who acts as data processor acting on behalf of BIEM for all personal data processing necessary to manage BIEM's activities, including the management of and the services proposed through this Site. We may also share your personal information with trusted third parties that perform business functions (e.g. hosting of our website), or provide services (e.g. management of events) or with the administrators of BIEM databases, to provide you with access to the databases.
International transfers
Personal data collected by BIEM may be transferred outside the European Union.
This is particularly the case for the purposes of processing by parties that work for BIEM or one of its service providers.
In addition, given the international dimension of BIEM and its members, access to BIEM Website is provided to BIEM members located outside the European Union, to facilitate exchanges between members, and to enable the verification and validation by BIEM members relating to the works in which rights holders own or control an interest wherever they are and wherever works are used.
When the recipient is located in a country whose legislation has not been subject of an adequacy decision from the European Commission, and the transfer is not strictly necessary to the performance of our or our members contractual duties toward you, we make sure that the transfer is governed by the European Commission's standard contract clauses that guarantee a sufficient level of protection of privacy and the fundamental rights of persons, or equivalent guarantees.
We may also transfer your personal data outside the European Union based on your consent (for example when registering to one of our events taking place outside the European Union). Upon request, we can provide you with the list of countries where we process your data and the transfers' guarantees.
Data Security
We require from our data processors to take active steps to protect the personal information they hold on our account against loss, unauthorised access, use, modification or disclosure, and against other misuse. These steps include password protection for all of the used IT systems, password protected personal data sharing, encrypted passwords and data transmissions on the internet and risk assessments.
In the event of any breach of BIEM systems impacting on the security of a member's, personal data, BIEM will inform the affected member(s), at the earliest opportunity describing the nature of the breach, the possible consequences and the measures being taken to remedy the situation in accordance with applicable law
If you have reasons to believe that your interaction with us is not secure, please notify us of the problem immediately by contacting us using the details below.
Links to Other Websites
BIEM website contains links to other Websites that are beyond our control. Such websites may have their own privacy policies that are different from the BIEM one. BIEM does not accept any responsibility or liability for their policies whatsoever as we have no control over them.
Video and other embedded content
When videos or embedded contents are placed on our website, it is not hosted on our servers and therefore any interaction with such services is done according to their privacy policy.
Our use of Cookies
When you connect to our Site and in respect of your consent, we use cookies or any other digital identifiers ('Cookies') to recognise your device browser and/or your device.
Type of Cookies
When you connect to our Site and, where required, in respect of your consent, we use cookies or any digital identifiers ('Cookies') to recognise your device browser and/or your device.
You may at any time review cookie settings on this site to accept or refuse cookies by clicking on the link manage cookies at the top of each page of the site.
Definition
When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work or work more efficiently. Cookies may also be used to provide information to the website publisher or to third parties offering their services through the site you visit.
Cookies for not identify a user directly but identify the browser or a device.
Click on the different category headings to find out more and to change our default settings. You can choose not to allow some types of cookies. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.
Type of Cookies
When you connect to our Site, two types of Cookies are installed on your device:
Necessary Cookies
- placed by BIEM
- research and development to evaluate and improve the website functionality and services
- allow and control access to BIEM Databases
These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms, to allow and control access to BIEM Databases.
The cookies are not based on your profile and do not store any personally identifiable information. However, if you would like your computer to decline these cookies, you can do this by disabling all cookies in your internet browser settings. Please refer to your browser's "help" menu for instructions. Note that if you remove all cookies, BIEM cannot guarantee that all services and features on the website will function correctly.
Performance cookies
- installed by CISAC
- produce individual statistics on you use of the site
- information shared with third party (Google)
- used to improve the website functionality and services
These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitor s move around the site. They do not store directly personal information but are based on uniquely identifying your browser and internet device.
The information provided enables to determine your location (city level). Information is shared with Google.
If you do not allow these cookies we will not know when you have visited our site, you will not be impacted, but we will not be able to monitor its performance and improve the site with the same efficiency.
Consent
When you visit BIEM website for the first time, we inform you that we use Cookies on a banner. By managing your choice through the Cookies placed, you can express your consent to the use of these Cookies (not applicable to necessary cookies). You can choose to accept or refuse globally or to accept/refuse individually for each category of cookies. You can change the setting for these cookies at any time.
Privacy queries
Access and copy
You have a right to access to your personal data. Before replying to your request, we are required by law to verify your identity. You can, within the limits of the law, exercise your right to data portability allowing you to retrieve the personal data collected through automated means in an interoperable format in case you communicated to us based on your consent or for the execution of an agreement with us.
Correct inaccurate personal data
You can also request the correction of your personal data which may be incorrect and limit how it is processed while the changes are being processed (please send an email to info@biem.org. Depending on the type of processing, you can also request that the personal data in our possession be completed. In this case, we may ask you to provide documentation.
Withdraw your consent to the processing of your personal data
Where the processing of your personal data is based on your consent (for example the use of cookies and similar technologies on this site), you have the right to withdraw your consent at any time.
Have your personal data erased
You can also request that your personal data be erased in the cases legally binding.
Complaints Handling
If you have any complaints or feel that your rights are not respected or that your data is not protected, you can contact us at info@biem.org or via another option below.
If you are not satisfied with the way we have managed your complaint, you may file a complaint with the French data protection authority on the details below:
You may also file a complaint with the supervisory authority of your habitual residence, if different from France.
How to Contact Us
If you have any questions regarding this policy, or you wish to access, update, delete, your personal data collected through this website, or object to the use of your personal data in the context of this website or remove your personal data from our records other than BIEM databases, please contact:
Bureau International des Sociétés gérant les droits d'enregistrement et de reproduction mécanique
20/26 Boulevard du Parc, 92200, Neuilly Sur Seine
France
info@biem.org
Update of this policy
BIEM may update this policy from time to time to reflect changes in our data processing activities or changes in the law or its interpretation by data protection authorities.
If we make any material changes to this Privacy Policy, we will notify you of any changes to this policy as required by law. We will also post an updated version on our website.
Last update
This policy implemented on 12/05/2020, intends to reflect the transparency requirements of new EU legislation, the general data protection regulation (GDPR).