Privacy Policy

LAST UPDATED: February 5, 2024

FMSMF Privacy Policy

The Film Musician’s Secondary Markets Fund (“FMSMF” or “Fund”) is committed to protecting the privacy of our Participants and Beneficiaries. The following Privacy Policy (“Policy”) explains the Fund’s policies with regard to collection, use, disclosure, and protection of your personally identifying information that you provide to the Fund via our website www.fmsmf.org, or through other means including paper submissions. “You” is defined as being a Participant or Beneficiary. This Privacy Policy is effective February 5, 2024. European Economic Area (EEA) residents should refer to “Rights of EEA Residents” as well as “International Data Transfers” for provisions that may apply to them.

Information Collected

There are two types of data that may be collected at any time through use of the Fund website or other means related to communications with the Fund, these are Personal Data and Usage Data.

Personal Data is data that identifies an individual either directly or indirectly and may include: name, physical address, email address, phone number, fax number, social security number, tax identification information, earnings, and any other information that may be used to verify your identity. When you submit Personal Data to the Fund you are consenting to the collection, use, and disclosure of such information for the purposes outlined in this Policy. To make changes to your Personal Data please login in to the Participant Portal or if you do not yet have login credentials please follow the prompts to “Register for an Account” or reach out to participantservices@fmsmf.org

Usage Data is information collected regarding your use of the site but is not used to personally identify you. This type of data may include: IP address, browser type, which pages on the Fund site you visited, the time and date you accessed pages on the Fund website, the state or country from which you access our services, and any other information related to your interaction with our website.

Use of Information Collected

The Fund uses your Personal Data to communicate with you, respond to requests you submit, calculate and provide you information about residuals payments, and to fulfill contractual obligations as outlined in the American Federation of Musicians collective bargaining agreements.

Personal Data may be shared in response to: court orders, subpoenas, other legal processes, to defend against legal claims, or as otherwise required by law. The Fund may also share your Personal Data with signatory employers or other third parties for the purpose of determining residuals obligations or other related issues.

It is the Fund’s policy not to sell any Personal Data. Personal Data is only made available by the Fund to any third party when required by law, regulation, or under court order.

The Fund uses your Usage Data for internal purposes only to optimize the website by improving the content and features available. Understanding how Fund website users interact with the site will help us to create a better user experience. User Data may be shared with Service Providers for administrative, analytical, research, optimization, security or other purposes, but no such information will be linked to Personal Data or be used to identify or contact you.

California Online Privacy Protection Act (CalOPPA) Requirements

Several internet browsers provide a Do Not Track feature which when enabled allows internet users to keep their Usage Data private. Through the use of cookies or other technologies on our site we may still collect Usage Data even if the Do Not Track feature is activated on your browser. At this time, we do not respond to Do Not Track browser settings. We do not sell Personal Data to third parties.

European Economic Area Residents

This section of the Privacy Policy is applicable to residents of the European Economic Area (EEA). The EEA consists of the member states of the European Union, i.e., Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom, and Iceland, Liechtenstein, and Norway. This section also applies to residents of Switzerland and residents of the United Kingdom. Residents of the EEA, Switzerland, and the United Kingdom are referred to here as “EEA Residents.”

From May 25, 2018, all processing of Personal Data of EEA Residents is performed by FMSMF in accordance with the GDPR (2016/679 Regulation of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of Personal Data and on the free movement of such data).

Under the GDPR, the FMSMF is both the controller and processor of the Personal Data of EEA Residents. The FMSMF’s purpose for collecting and processing Personal Data from EEA Residents is related to the disbursement of any residuals owed for work completed under an applicable AFM collective bargaining agreement, and their access to the Website, to inform EEA Residents regarding relevant information, to maintain and develop the Website, to communicate with EEA Residents regarding their rights, benefits and services provided by the FMSMF, and to fulfill contractual obligations.

The legal basis for collecting Personal Data is the consent of EEA Residents to obtain services and benefits from the FMSMF’s legitimate interest in providing services and benefits to EEA Residents. If EEA Residents do not provide Personal Data to FMSMF or they withdraw consent for processing such Personal Data, FMSMF may not be able to provide such residents with information regarding their rights, or provide benefits and services to them, including those rights conferred by the applicable AFM collective bargaining agreements. EEA Residents may obtain information about the Personal Data that FMSMS holds about them and its potential uses by reviewing the sections “Information Collected” and “Uses of Information Collected” above in this Privacy Policy.

International Data Transfers

If you are resident outside the United States, including in the EEA, we transfer Personal Data provided by you for processing in the United States. Under the GDPR, FMSMF is considered a “controller” and a “processor” of the Personal Data of EEA Residents. By providing Personal Data to FMSMF for the purpose of obtaining benefits and services, you consent to the processing of such data in the United States. The transfer of your Personal Data to the United States is necessary for FMSMF’s processing and disbursement of any residuals owed for work completed under an applicable AFM collective bargaining agreement. Please note that the United States does not have data protection laws equivalent to those in the EEA and other jurisdictions.

Security

We take commercially reasonable and appropriate technical and organizational precautions to protect your Personal Data against loss, misuse, unauthorized disclosure, alteration, and destruction. However, please remember that no transmission of data over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Data, we cannot ensure or warrant the security of any information that you transmit to us or from us, and you do so at your own risk.

In addition, while we take commercially reasonable steps to govern our Service Providers’ use and protection of your Personal Data, we ultimately have no control over and are not responsible for the privacy practices of such parties.

Cookies

To improve your user experience, we may use cookies, web beacons or similar tracking technologies. These “Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. Most web browsers automatically accept Cookies, but you can usually modify your browser settings to decline cookies. However, declining Cookies may make certain features of the Website unavailable to you. By using our Website, you consent to our use of cookies in accordance with the terms of this policy, which permits us to use cookies every time you visit our Website. As noted, we never sell personal information.

Minors

We do not knowingly collect or solicit Personal Data directly from anyone under the age of 18. If you are under 18, please do not send any information about yourself to us, including name, address, phone number, or email address. The only instance in which the Fund will collect Personal Data of a minor is in the instance the minor is designated a Beneficiary by a Participant. In such case, all communications will occur between the Fund and the parent or legal guardian of the minor. Personal Data of minors will be used in compliance with this Privacy Policy and only for the purpose of allocating and distributing residuals, and/or for compliance with any contractual obligation or court order. If you are a parent or legal guardian of a minor and feel that their Personal Information was incorrectly provided to us please notify us at and we will take steps to delete all Personal Data associated with the minor as quickly as possible.

Links to Third Party Websites

Our website contains links to third party websites to which we have no affiliation. Except as set forth in this Privacy Policy, we do not share your Personal Data with those websites and are not responsible for the privacy policies of any other website or its management of Personal Data.

Changes to this Privacy Policy

We may change this Privacy Policy from time to time by publishing a new version on our website. We may notify you by email or on our website of changes to the Privacy Policy.

Contact

If you have questions or comments about this Privacy Policy, please contact us at

If you are a Participant or a resident of the EEA, California, Colorado, Connecticut, Montana, New York, Oregon, Texas, Virginia, or Utah and would like the Fund to delete your Personal Data, please contact us at with “Privacy” in the subject of your email. However, please note that we require some Personal Data in order to conduct essential business of distributing residuals and without such Personal Data, FMSMF will be unable to do so.

If you are a Parent or Legal Guardian with questions or comments regarding a minor Participant or Beneficiary, please contact us at with “Inquiry: Minor” in the subject of your email.

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