HFA Online Privacy Policy

INTRODUCTION. The Harry Fox Agency, Inc. ("HFA") is committed to respecting your privacy and recognizes your need for appropriate protection and management of information that is personally identifiable, such as your name, email address and street address ("Personally Identifiable Information"), that you may share with HFA. Please note that this Privacy Policy applies only to the information collected by HFA through the online facilities of HFA, including without limitation the password-protected and non-password-protected (publicly accessible) portions of the HarryFox.com website and the specific applications eMechanical, Online Licensing Reports, Online Statements, Publishers Online Indexing and Licensing System (Poli+), eSong, eReturns, Limited Quantity Licensing and Songfile.com (collectively, "HFA Online"). Capitalized terms used but not defined herein shall have the meanings given to such terms in the Terms of Use for Registered Users of HFA Online ("Registered Terms of Use") and/or Terms of Use for Public Users of HFA Online ("Public Terms of Use"), as applicable. Unless otherwise indicated at the point where we collect such information, this Privacy Policy applies to all Personally Identifiable Information collected through HFA Online. The word "you" as used herein refers, as applicable, to any individual or entity who visits or accesses HFA Online, including without limitation Public Users, Registered Users and any organizations they represent. From time to time, we may update this Privacy Policy by posting the updated Privacy Policy at www.HarryFox.com. Your continued use of any part of HFA Online constitutes your agreement to the updated Privacy Policy. The effective date of HFA's most recent update of this Privacy Policy appears on the upper right hand portion of this page.

This Privacy Policy is the sole authorized statement of our practices with respect to the online collection of Personally Identifiable Information and the usage of such information. Any summaries of this Privacy Policy generated by third-party software or otherwise (for example, in connection with the "Platform for Privacy Preferences" or "P3P") shall have no legal effect, are in no way binding upon us, shall not be relied upon in substitution for this Privacy Policy, and neither supersede nor modify this Privacy Policy.

THE INFORMATION WE COLLECT. HFA Online has areas and features where Public Users and Registered Users submit, and where we collect, Personally Identifiable Information relating to such users. HFA Online also has areas that request Personally Identifiable Information relating to third parties, for example and without limitation, information about individuals associated with Publishers or Licensees. To the extent that you provide us with such information, you represent and warrant that you have the right to do so.

HFA Online is not directed toward individuals under the age of 13, and HFA does not knowingly collect Personally Identifiable Information from such individuals.

Public Portions of HFA Online. You can visit the non-password-protected portions ("Public Portions") of HFA Online without telling us who you are or revealing any Personally Identifiable Information, or having any such information collected by us, unless you affirmatively choose to transact business or to request or supply information through HFA Online. For example, and without limitation, you would be required to provide Personally Identifiable Information in order to request a license through the Limited Quantity Licensing feature or to obtain HFA publisher affiliation materials.

Password-Protected Portions of HFA Online. If you are authorized to become a Registered User, in connection with your registration for, or use of, password-protected portions ("Password-Protected Portions") of HFA Online, you will be required to provide us with certain Personally Identifiable Information. This will enable us to verify that you are entitled to access and use features and services available through the Password-Protected Portions of HFA Online and will allow you to obtain information and transact business through HFA Online. If you choose not to provide the requested Personally Identifiable Information, you may not be able to access or use the Password-Protected Portions.

USE AND SHARING OF INFORMATION WE COLLECT.

Business, Administrative and Informational Uses. The Personally Identifiable Information that we gather from you through both the Public and Password-Protected Portions of HFA Online may be used by us for business, administrative and informational purposes. We may use or disclose Personally Identifiable Information to: (1) facilitate business transactions, business relationships, resolution of issues and disputes and related communications by, within or among HFA, Publishers, Licensees and/or others; (2) facilitate HFA's role as agent for Publishers and licensing facility for Licensees; (3) help us administer HFA Online and other aspects of HFA's operations; (4) communicate information about products, services and features of HFA Online and HFA; (5) improve and develop HFA Online and other products offered by HFA; and (6) communicate news and information about, and facilitate the activities of, HFA's parent organization, the National Music Publishers' Association ("NMPA"), and other organizations and associations within the music industry. By way of example and without limitation, we may use Personally Identifiable Information to contact Publishers and Licensees in order to provide information about HFA, including HFA's Soundcheck publication and communications about the services offered through HFA, including licensing opportunities offered through HFA. Or, we may disclose Personally Identifiable Information to facilitate communication between relevant parties concerning a particular licensing transaction, or to help resolve a royalty collection or song ownership issue.

Affiliated Entities. HFA may share Personally Identifiable Information gathered from you through both the Public and Password-Protected Portions of HFA Online with NMPA and other entities that are related to or affiliated with HFA ("HFA Affiliates"). In such a case, the HFA Affiliate that receives the Personally Identifiable Information will use and share such information in accordance with the terms of this Privacy Policy.

Commercial Marketing Uses. Except as otherwise set forth herein or at the point where we collect Personally Identifiable Information from you through HFA Online, we will use such Personally Identifiable Information collected from you for commercial marketing purposes regarding products or services available from third parties or to allow third parties to communicate with you regarding their products or services only if we have provided you with an opportunity to opt out from such use. In situations where the stated purpose for collecting such information is to provide you with such marketing materials, no opt-out option will be provided.

HFA Soundcheck. By registering to obtain access to the Password-Protected Portions of HFA Online, you may be automatically added to the email list for HFA Soundcheck, our publication containing news and information about HFA and the publishing community. You may choose to unsubscribe from receiving the electronic version of HFA Soundcheck at any time by following the instructions included with each Soundcheck email.

Third-Party Providers. From time to time, HFA may engage third parties to assist HFA in managing certain functions associated with HFA Online, such as processing payments or performing IT maintenance services. Thus, for example, and without limitation, when you transmit credit card information for purposes of requesting a license through the Limited Quantity Licensing feature of HFA Online, you may be automatically connected with a third party who will receive your credit card information and secure such information during transmission by using Secure Sockets Layer (SSL) software, which encrypts the credit card information you input. Although we seek to restrict third-party service providers from using any Personally Identifiable Information received from HFA or HFA Online for any purpose other than to facilitate transactions being conducted through HFA Online, HFA is not responsible for the privacy practices of third parties, including, without limitation, any negligence or misconduct on the part of third parties receiving your credit card or other information.

COOKIES AND OTHER TECHNOLOGICAL TRACKING TOOLS. HFA Online may use a feature of your browser to set a "cookie" on your computer. Cookies are small packets of information placed on a user's computer hard drive. Essentially, a cookie serves as a user's "identification card" for the computer or server that placed such cookie on the user's hard drive. Cookies are only read by the computers or servers that placed them, and are unable to execute any code or virus. The cookies that may be employed by HFA Online are limited to "session cookies," which permit you to maintain your authentication as a valid user for the duration of your session but expire at the conclusion of your session.

In addition to cookies, we may use "pixel tags" (electronic images also know as "web beacons" or "single-pixel GIFS") or similar technological tools to monitor user activity on HFA Online or in email messages or newsletters. These tools are typically used to collect non-personally identifiable information; any Personally Identifiable Information that may be gathered using such tools on HFA Online will be subject to the terms of this Privacy Policy.

We note that HFA providers may use cookies and/or other technological tools to monitor or track user activity. If Personally Identifiable Information is collected by an HFA provider, we will seek to subject any use and disclosure of the Personally Identifiable Information by the provider to the terms of this Privacy Policy. In addition, third-party companies may serve ads on HFA Online, which may involve the use of cookies or other tracking technologies by such companies in connection with HFA Online. In that event, the use and disclosure of any Personally Identifiable Information collected through such company's tracking technologies will be subject to the terms of such company's privacy policy. Third-party websites linked to or from HFA Online may also use technological tools to track activity of visitors to their sites. We have no control over the information-collection practices of such third-party sites. We encourage you to review the privacy policies associated with such third-party sites for more information about the privacy practices of such sites.

NON-PERSONALLY IDENTIFIABLE INFORMATION. HFA Online tracks certain information about visits to HFA Online by Public Users and Registered Users. For example, and without limitation, we compile statistics that show the number and frequency of visitors to the Public Portions of HFA Online and its individual pages. HFA uses such data to improve HFA Online, for product development and for other business purposes. In addition to sharing Personally Identifiable Information as described above, from time to time HFA may share with third parties aggregated statistics or other data derived from either the Public Portions or Password-Protected Portions of HFA Online, but only in a manner such that your specific identity will not be revealed to the third parties.

INFORMATION RELATING TO ORGANIZATIONS AND COMPANIES. Please be aware that information identifying a company or organization, such as the company or organization's name and address ("Organization Identifiable Information") is not subject to the protections set forth in this Privacy Policy. HFA may use Organization Identifiable Information without restriction and may share such information with third parties, subject to any applicable confidentiality practices HFA may employ in its discretion for the protection of HFA and its Publishers and Licensees.

DATA SECURITY. When you provide us with Personally Identifiable Information, we take reasonable steps to protect the information that you share with us. Note, however, that security breaches can occur even if reasonable steps are taken to prevent such breaches; for example, and without limitation, we cannot guarantee that information you provide through HFA Online will not be illegally accessed on our servers or intercepted while being transmitted to us over the Internet. Please contact us as provided in the section "Contacting HFA" below if you have reason to believe that there has been any breach of the security of HFA Online.

CONTACTING HFA. If you have any comments or questions regarding this Privacy Policy, or wish to correct or update your personal information on file with HFA, please contact HFA's Client Services Department at clientservices@harryfox.com.

ACCEPTANCE OF PRIVACY POLICY. Your access and use of HFA Online and any dispute over privacy is subject to this Privacy Policy, and (1) for Public Users, the Public Terms of Use; and (2) for Registered Users, the Registered Terms of Use, each which is available at www.HarryFox.com. By continuing your use of the Public Portions or, if you are a Registered User, by clicking the "Accept" button below the Registered Terms of Use, you, both individually and on behalf of any Publisher or Licensee or other organization that you may represent, confirm your assent to this Privacy Policy. If you are unable to accept this Privacy Policy or any or its terms, you must not continue to access or use any portion of HFA Online.