The Phonographic Performance Company of Australia Limited (PPCA) respects the privacy of the individuals we deal with. In our handling of personally identifiable information about individuals, we comply with the requirements of the National Privacy Principles (NPPs) in the Federal Privacy Act 1988.
1. What personal information does PPCA collect?
We only collect personal information that we need for one or more of our business activities. Most of the personal information PPCA collects relates to individuals in their business or professional capacities, so we only collect this information as an incident of a business relationship with an individual or the organisation they work for. Some examples of this sort of information include:
- contact details and other information provided by licensees and potential licensees. This may come from application forms, correspondence, telephone conversations and other sources;
- contact details for the people we deal with at the various companies (or licensors) that authorise PPCA to grant licences on their behalf. In some cases, we may also collect bank account details from individual licensors and other creditors who want us to make payments by direct deposit;
- contact details, evidence of identity (eg. copy of a driver’s licence) and other information about the artists who register with us (including information about their recordings and the airplay or other uses of those recordings);
- names of other artists and their recordings (and the airplay or other uses of those recordings) that appear in the logs we use to allocate and distribute revenue PPCA earns from its licensing activities; and
- contact details for the people we deal with at other organisations with which PPCA has business relationships, such as music retailers, industry or trade associations, media organisations and government authorities.
From time to time, we will also collect personal information from individuals via our Facebook and Twitter pages, or through other social media and online channels. This is discussed further below (Section 5, Online privacy issues).
We generally collect personal information directly from the individual. However, PPCA sometimes needs to collect personal information from a third party, for example:
- we collect public domain personal information about individuals in their business capacities from third party sources such as liquor licensing authorities, industry directories, industry guides, magazine listings, telephone white and yellow pages and the Internet;
- we collect personal information about registered artists from their agents or managers; and
- we collect personal information from the Australian Recording Industry Association (ARIA) for a range of purposes. These include:
- to determine whether persons or organisations may require a licence from PPCA for the public use of sound recordings;
- to allocate and distribute the revenue PPCA earns from its licensing activities; and
- to make contact with key people in relevant industry or trade associations.
In most cases, the primary purpose for which we need personal information will be apparent from the context in which we collect it. If this is not the case, we will take steps to specify our purpose(s) at, or as soon as possible after, the time of collection.
PPCA usually does not need to collect any sensitive information (such as information about racial or ethnic origin, political activities or affiliations, memberships of unions or other associations, religion, sexual preferences or practices, criminal record or medical history). If we do collect or hold such information, we will only do so strictly in accordance with the NPPs in the Privacy Act.
2. How does PPCA use personal information?
Generally, we only use personal information for the primary purpose for which we have collected it, or for closely related business purposes. We may also use personal information to send you information about our activities, or about goods or services that we believe may be relevant or useful to you. If at any time you do not wish to receive such information, please let us know by contacting our Privacy Officer (see section 7 below).
In other respects, we will only use personal information with your consent, or if we are required or permitted by law to do so (eg. under the NPPs in the Privacy Act).
3. Who does PPCA usually disclose personal information to?
PPCA generally only discloses personal information to other persons or organisations for the primary purpose for which we have collected it, or with your consent (which may be explicit, or may be implied from your conduct or from the circumstances in which the information is collected). We may also disclose personal information if we are required or permitted by law to do so (eg. under the NPPs in the Privacy Act).
The following sections describe some of the organisations, or types of organisations, to which PPCA usually discloses personal information. Wherever personal information is disclosed outside of PPCA, we take reasonable steps to ensure that the recipient:
- handles that information in accordance with the NPPs in the Privacy Act;
- only uses the information for the specific purpose(s) for which it is provided to them;
- does not disclose the information to any person or organisation except in accordance with directions from PPCA; and
- stores the information securely, and either destroys it or returns it to PPCA when it is no longer needed.
3.1 Disclosures to ARIA
ARIA is closely affiliated with PPCA. ARIA is the trade association representing major and independent record companies, manufacturers and distributors. It acts as an advocate for the Australian music industry, enforces anti-piracy copyright measures and provides a ‘blanket’ non-exclusive licensing function for copyright users. ARIA also compiles the weekly ARIA music charts and produces the annual ARIA Awards.
Under longstanding arrangements between our organisations:
- certain ARIA staff are able to access our database of artists and recordings, for the purpose of collating the ARIA charts;
- PPCA provides ARIA with information about the airplay and other uses of sound recordings (which may include some personal information about artists). ARIA uses this information to allocate and distribute to copyright owners the revenue it collects on their behalf.
- PPCA passes on to ARIA certain information we obtain from our licensees. ARIA uses this information to determine whether a licence may be required for the reproduction of sound recordings;
- PPCA provides to ARIA on a regular basis its database of public domain contact details for industry and trade associations; and
- PPCA passes on to ARIA the names and details of artists with whom we have lost contact, so that ARIA can attempt to locate them.
3.2 Disclosures to contractors and service providers
Occasionally, PPCA has to rely on third party contractors to provide services or perform functions on our behalf, and this may involve a disclosure of personal information by ARIA to that third party. While these vary from time to time, they may include:
- organisations that provide communication services on our behalf (eg. faxstream);
- debt collection agencies; and
- information technology service providers.
3.3 Other disclosures
PPCA publishes and makes available to all licensees a schedule of copyright owners that have authorised us to grant licences on their behalf, and this may include contact details for individuals who own copyright in their own recordings. We also publish each year a “Most Broadcast” list, which contains public domain information about artists and their recordings.
We may also disclose to copyright owners or Music Industry Piracy Investigations (MIPI) information about a person or organisation that plays sound recordings or music videos in public in order to verify a claim that they have obtained a licence from the copyright owners.
If PPCA receives any information in relation to suspected piracy or copyright infringement, then PPCA may in these circumstances provide this information to third parties such as the copyright owners, MIPI or legal advisors.
From time to time, PPCA may disclose public domain personal information to other organisations, often in response to requests. In particular:
- we disclose to copyright owners information about the amounts paid to artists under the Direct Artist Distribution Scheme in respect of recordings controlled by those copyright owners;
- we may disclose to a member of a band information about the percentage claimed by another member, but we will not disclose any amounts;
- we may disclose the names and contact details of the copyright owners whose sound recordings and music videos we license, for example for inclusion in industry directories or similar publications; and
- we publish on our website (www.ppca.com.au) a list of artists or licensors with whom we have lost contact, for the purpose of locating them.
4. Storage, security and destruction of personal information
PPCA takes reasonable steps to ensure that the personal information we hold is protected from risks such as loss or unauthorised access, destruction, use, modification or disclosure. We only allow authorised personnel to access personal information, and it is a condition of employment with PPCA that our employees maintain the confidentiality of all information to which they have access.
We only retain personal information for as long as it is needed by us, or for as long as we are legally required to retain the information. When we are no longer required to retain personal information, we ensure that it is disposed of or destroyed in a secure fashion in accordance with our obligations under the NPPs in the Privacy Act.
5. Online privacy issues
This Policy also applies to the personal information that individuals provide to us via our Facebook and Twitter pages, or through other social media and online channels. We will generally use and disclose that information only for the purposes of participating in and managing an online conversation (including by responding to individuals’ comments), or otherwise as permitted under this Policy. We will not use or disclose information collected through these channels for marketing purposes unless we make that clear at the time of collecting the information (for example, in the context of a competition or other specific online activity). If an individual decides to communicate or otherwise publish personal information about themselves via our website, Facebook and Twitter pages or through other social media and online channels, then the individual acknowledges that PPCA cannot control the use of such personal information by other users of our website or other online channels.
6. How do I access and correct my personal information?
Under the Privacy Act, you generally have a right to seek access to the personal information that PPCA holds about you, although there are some circumstances in which we may be required or permitted by law to withhold access to some or all of that information. You also have the right to ask us to correct personal information about you that you believe is inaccurate, incomplete or out of date.
If you wish to exercise these rights, we ask that you make a request in writing to our Privacy Officer (see section 7 below). You will need to provide some form of identification (eg. a copy of your driver’s licence or passport) so we can verify that you are the individual to whom the personal information relates. You should also include details of how we can contact you in case we need to discuss your request.
7. How do I contact PPCA?
If you have any questions or comments about this Policy, or if you wish to access or correct your personal information or make a complaint about our handling of that information, please contact our Privacy Officer by one of the following methods:
The Privacy Officer
PO Box Q20
QUEEN VICTORIA BUILDING NSW 1230
Any complaints about our handling of personal information will be dealt with in accordance with our Complaints Handling and Dispute Resolution Policy.
This Policy was last updated on 10 May 2011.