1. General Policy
At APRA AMCOS, we take our privacy obligations seriously and are committed to ensuring that we handle personal information in accordance with the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (Act). Under the Act, “personal information” is information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not.
This Policy sets out:
- the kinds of personal information that APRA AMCOS collect and hold;
- how APRA AMCOS collect and hold personal information;
- the purposes for which APRA AMCOS collect, hold, use and disclose personal information;
- how you may access personal information about you that is held by APRA AMCOS and seek correction of it;
- how you may complain about a breach of the APPs and how APRA AMCOS will deal with such a complaint; and
- the circumstances in which personal information is likely to be disclosed to overseas recipients and the countries in which such recipients are likely to be located.
2. Collection of your personal information
Where APRA AMCOS collect and hold personal information, it is collected and held for our business purposes, which are generally to fulfil our legal obligations and to keep members and licensees informed of our activities and services. These purposes include calculating and processing royalty payments to members, assessing and collecting licence fees, conducting awards and educating the public about APRA AMCOS’s activities. APRA AMCOS’s business purposes are further detailed on our Website.
The kinds of personal information that APRA AMCOS collect and hold include:
- member and licensee names, pseudonyms, telephone numbers, email addresses, address gender, date of birth, Aboriginal and Torres Strait Islander (ATSI) status and payment details;
- photographs of members;
- types of music written by members;
- tour dates;
- contractual information between writers and publishers; and
- other information for our business purposes, which is reasonably necessary for, or directly related to, our functions or activities.
You might also share personal information with APRA AMCOS in connection with communications relating to your liability to pay licence fees, nominations for awards (including the APRA Music Awards) and feedback (including complaints) in relation to our services.
APRA AMCOS will collect personal information directly from you unless it is not reasonable or practicable to do so. APRA AMCOS may solicit personal information through our Website, in documents or during communications with our members and others.
3. Use and disclosure of your personal information
APRA AMCOS may use and disclose your personal information for the purposes for which it has been collected, or for any other purposes to which you have consented. You may give APRA AMCOS your consent expressly, or it may be implied by your conduct. Subject to the requirements of the APPs, if you would reasonably expect the information to be used or disclosed for another purpose, APRA AMCOS may also use or disclose it for that purpose.
APRA AMCOS may, from time to time, send to you marketing material that APRA AMCOS consider will be useful to you, or other material about our activities. APRA AMCOS will only do this if we collected the information from you and you would reasonably expect us to use or disclose the information for that purpose, or if you have consented to receiving such communications. Generally, we will first obtain your consent. If you do not wish to receive this information, you can let us know and we will stop sending it to you within a reasonable period of time.
Depending on the service, your personal information may be disclosed to:
- external service providers (for example in relation to their storage and management of databases, management of website and email traffic and processing of credit card information) – this disclosure will always be made on a confidential basis and such service providers will be limited in their use of your information to the purpose of APRA AMCOS’s activities only;
- overseas and local collecting societies that collect and distribute performing right royalties and that have a reciprocal agreement with APRA AMCOS or with which APRA AMCOS have an agreement to share works information. Overseas recipients are likely to be located in the countries listed here.
- collecting societies of which AMCOS is a member for the purpose only of distributing money to AMCOS members;
- APRA and AMCOS respectively, under our administration agreement;
- specialist advisers who have been engaged to provide APRA AMCOS with legal, administrative, financial, insurance, research, marketing or other services;
- other collecting societies in Australia and New Zealand, on a confidential basis;
- the Australian Music Centre (AMC) for the purpose of updating our respective databases to ensure that you are able to receive any royalty distributions owing to you;
- our related entities, APRA New Zealand Limited and the AMCOS New Zealand Limited;
- regulatory bodies which oversee or impact on our operations, including the Australian Competition and Consumer Commission; and
- any other person authorised by you, as specified by you, such as your agent or manager.
APRA AMCOS may at other times notify you about our disclosure practices in relation to specific services that we provide in relation to our activities.
In addition, APRA AMCOS may use or disclose personal information:
- if authorised or required by or under an Australian law or court/tribunal order;
- if APRA AMCOS reasonably believe that the use or disclosure is necessary to take appropriate action in relation to suspected unlawful activity or misconduct;
- if APRA AMCOS reasonably believe that the use or disclosure is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body;
- if reasonably necessary for the establishment, exercise or defence of a legal or equitable claim or for the purposes of confidential alternative dispute resolution;
- if APRA AMCOS reasonably believe that the use or disclosure is necessary to lessen or prevent a serious threat to life, health or safety and it is unreasonable or impracticable to obtain your consent; and
- APRA AMCOS reasonably believe that the use or disclosure is reasonably necessary in order to locate a person reported as missing.
Where APRA AMCOS disclose personal information to third parties, we impose strict obligations of security and confidentiality regarding the way they handle that information. APRA AMCOS do not grant them permission to sell or transfer that personal information.
4. Security of your personal information
Once collected, APRA AMCOS hold personal information in a number of different formats, including (but not limited to) software programs (located both onsite and offsite, including in the cloud), databases, filing systems and in offsite backup storage. APRA AMCOS take reasonable steps to protect your personal information from loss, unauthorised access, modification, disclosure, interference or other misuse.
5. Sensitive personal information
The Act imposes special obligations where sensitive information (including information relating to your racial or ethnic origin, membership of political bodies, religion or trade unions, sexual preferences or activities, criminal record, state of health or medical history) is collected, used and disclosed. APRA AMCOS may collect some forms of sensitive information, including your ATSI status, your membership or a trade union (eg. Media, Entertainment and Arts Alliance) or professional association (eg. Australian Songwriters Association). APRA AMCOS will not collect sensitive information about you unless you consent (we take your provision of the information to be consent to its collection), and the information is reasonably necessary for one or more of our functions or activities. If APRA AMCOS hold any sensitive personal information about you, that information will only be used and disclosed by APRA AMCOS for the purpose that it was provided by you.
6. Access to your personal information
At any time, you may request access to personal information about you that APRA AMCOS hold by contacting APRA AMCOS’s Privacy Officer at email@example.com or by mail addressed to:
Locked Bag 5000
Strawberry Hills NSW 2012
APRA AMCOS will process your request within a reasonable time. If APRA AMCOS are not legally required to provide access to the personal information requested and do not exercise their discretion to do so, we will let you know our reasons.
7. Correction of your personal information
You should promptly notify APRA AMCOS if there are any changes to your personal information. You may ask APRA AMCOS at any time to correct personal information we hold about you by contacting APRA AMCOS’s Privacy Officer at firstname.lastname@example.org or by mail addressed to:
Locked Bag 5000
Strawberry Hills NSW 2012
and APRA AMCOS must respond to you within a reasonable time. APRA AMCOS will generally comply with requests to correct personal information, however if we refuse, we will give you a written notice explaining our reasons for refusal and the means by which you can make a complaint.
8. Dealing with complaints
If you have a complaint about APRA AMCOS’s breach of the APPs, you should contact APRA AMCOS’s Privacy Officer at email@example.com or by mail addressed to:
Locked Bag 5000
Strawberry Hills NSW 2012
APRA AMCOS will investigate your complaint and respond to you within a reasonable time and in accordance with our legal obligations. We will take any necessary corrective actions promptly.
9. Changes to this Policy
APRA AMCOS may amend this Policy from time to time, and the amended Policy will be published on the Website. Any changes will be effective as of the date they are posted on this page.
For further information about privacy issues, see the Office of the Australian Information Commissioner's website at www.oaic.gov.au.