Privacy

Privacy Policy 

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 Australian Privacy Principles (APPs) in the Federal Privacy Act 1988.

This Privacy Policy describes the types of personal information we collect and explains how we hold, use and disclose that information.  The Policy also explains how you can gain access to the personal information we hold about you.

1.  What kinds of personal information does PPCA collect and hold?

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 or passport) 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;
  • 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; and
  • contact details and other information provided by applicants for the purpose of grant and funding initiatives.

From time to time, we will also collect personal information from individuals in their private capacities, for example where an individual:

  • makes a comment via our Facebook and Twitter pages, or through other social media and online channels.  This is discussed further below (Section 6, Online privacy issues);
  • makes an inquiry (eg. by email or telephone);
  • submits an entry for a competition; or
  • applies for a job with PPCA.

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 APPs in the Privacy Act.

2.  How does PPCA use personal information?

PPCA generally collects personal information from the individual. The most common ways in which PPCA collects personal information is:

  • from various application forms submitted to PPCA by individuals;
  • when individuals receiving goods or services from PPCA make payment for those goods or services;
  • when PPCA requires bank account details from individual licensors and other creditors who would like to receive payment by direct deposit;
  • when individuals enter into a competition;
  • from job applications when individuals apply for jobs at PPCA;
  • from contributions made via social media (including Twitter and Facebook);
  • from logs used to allocate and distribute revenue PPCA earns from its licensing activities; or
  • from telephone, email, written and in-person enquiries directed to PPCA.

However, sometimes PPCA 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;
  • 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.

If we collect personal information about you from a third party and it is unclear whether you have consented to the disclosure of that personal information to us, we will take reasonable steps to contact you and ensure that you are aware of the circumstances surrounding the collection and the purposes for which we have collected your personal information.

3.  Why does PPCA collect, hold or 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.  For example, PPCA collects personal information to fulfill its role as a collecting society including, for the purpose of:

  • administering public performance, broadcast and communication licences;
  • distributing licence fees;
  • identifying and locating rights holders and artists;
  • managing business relationships;
  • operating competitions and contacting winners of those competitions;
  • reviewing and assessing job applications;
  • responding to enquiries;
  • receiving and making various payments;
  • resolving disputes in accordance with our Complaints and Disputes Policy;
  • administering the PPCA Performers' Trust Foundation; and
  • providing information to you regarding licensing, music industry events and matters.

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. 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 9 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 APPs in the Privacy Act).

4.  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 APPs 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 APPs 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.

4.1  Disclosures to ARIA

ARIA is closely affiliated with PPCA.  ARIA is the trade association representing major and independent record companies, manufacturers and distributors of recorded music.  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.

4.2  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;
  • advisers who have been engaged by PPCA to provide PPCA with legal, administrative, financial or other services;
  • debt collection agencies; and
  • information technology service providers.

4.3  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 Rights Australia 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, Music Rights Australia or legal advisors.

PPCA may disclose information to third parties for the purpose of administering PPCA grants and funding initiatives.

From time to time, PPCA may also 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 (ppca.com.au) a list of artists or licensors with whom we have lost contact, for the purpose of locating them.

Personal information may also be disclosed to mediators or adjudicators for the purpose of resolving any disputes in accordance with the PPCA Complaints and Disputes Policy.

PPCA may also disclose information to overseas collecting societies, copyright owners and agents that collect and distribute payments and that have a reciprocal agreement with PPCA. These overseas third parties are located in various countries, for example the Netherlands, New Zealand, United Kingdom and the United States of America. It may be necessary for PPCA to provide personal information to these entities in order to facilitate the licensing activities or the administration and distribution of any remuneration payable to you. PPCA takes steps to ensure that these third parties agree to protect the privacy and security of all personal information, and use it only for the purpose for which it is disclosed.

5.  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. 

Your personal information is stored on a password protected database and hard copy files which are secured from unauthorised access. 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 APPs in the Privacy Act.

6.  Online privacy issues

PPCA does not collect personal information about individuals who browse our website (eg. through the use of cookies or tracking technologies that identify individuals).  However, this Policy applies to any personal information you choose to provide to us online, for example if you fill out a form on our website or send us an email.

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.

For your convenience, our website and other online channels (including our Facebook and Twitter pages) may contain links to online services operated by third parties.  You should be aware that when you access a third party service, we are not responsible for the privacy practices and policies of that third party.  We suggest that you review the privacy policy for each website, Facebook page and other online service that you visit, especially if you intend to disclose any personal information.

7.  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 9 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.

8.  How can I make a complaint if I believe that PPCA has breached the APPs?

If you would like to make a complaint in relation to this Policy or the manner in which we handle your personal information, please contact our Privacy Officer (contact details are set out in section 9). We will endeavour to respond to complaints within 30 days of their receipt.

If you are dissatisfied with our response, you may refer the matter to the Australian Information (Privacy) Commissioner (see www.oaic.gov.au).

9.  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:

  • By telephone (during business hours) – 02 8569 1100
  • By fax – 02 8569 1183
  • By emailprivacy.mail@ppca.com.au
  • By post –

The Privacy Officer
PPCA
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 12 March 2014.