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- 1. What kinds of personal information does PPCA collect?
- 2. How does PPCA use personal information?
- 3. Why does PPCA collect, hold or use personal information?
- 4. Who does PPCA usually disclose personal information to?
- 5. Storage, security and destruction of personal information
- 6. Online privacy issues
- 7. How do I access and correct my personal information?
- 8. How can I make a complaint if I believe that PPCA has breached the APPs?
- 9. How do I contact PPCA?
Phonographic Performance Company of Australia Limited (PPCA) respects the privacy of the individuals it deals with. As a part of PPCA’s handling of personally identifiable information about individuals, PPCA complies with the requirements of the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth) (the Privacy Act).
1. What kinds of personal information does PPCA collect?
Personal information is information or an opinion about an individual that could be used to identify that person. It includes information such as names, birth dates, physical addresses, contact details, banking information, images of an individual and records of an individual’s correspondence.
PPCA only collects personal information that it needs for one or more of PPCA’s business activities. Most of the personal information PPCA collects relates to individuals in their business or professional capacities, but can include information about individuals in their private capacity. Some examples of this type of information collected by PPCA include:
- contact details and other information provided by licensees and potential licensees;
- contact and banking information for the people that PPCA deals with at the various companies (or licensors) that authorise PPCA to grant licences on their behalf;
- contact details, evidence of identity (e.g. copy of a driver’s licence or passport), gender information, date of birth, ethnicity and other information about licensors and artists who register with PPCA (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 PPCA uses to allocate and distribute revenue PPCA earns from its licensing activities;
- contact details for the people PPCA deals with at other organisations which PPCA has business relationships, such as music retailers, industry or trade associations, copyright collecting societies, media organisations and government authorities;
- contact details and other information of employees and job applicants; and
- contact details and other information provided by applicants for grants and funding initiatives.
‘Sensitive information’ is a subset of personal information under the Privacy Act. It includes the information about an individual’s racial or ethnic origin, political activities or affiliations, memberships of unions or other associations, religious or philosophical beliefs, sexual preferences or practices, criminal record or medical history.
PPCA may occasionally collect sensitive information, including information about an individual’s gender identification, sexual preference, ethnicity and membership of a professional association or trade group. PPCA will only collect sensitive information about an individual when PPCA has the consent of that individual (PPCA will consider your submission of the sensitive information as your consent to its collection and use), and when the information is reasonably necessary for the primary purpose of carrying out one or more of PPCA’s functions or activities. Sensitive information will only be used and disclosed by PPCA for the primary purpose it was collected and provided by you.
2. How does PPCA use personal information?
PPCA generally collects personal information directly from the individual. The most common ways in which PPCA collects personal information is:
- from various application forms submitted to PPCA by individuals (including, licensees, licensors and artists);
- 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;
- when individuals participate in a survey;
- from job applications when individuals apply for jobs at PPCA;
- from contributions made via social media (including Twitter and Facebook);
- from airplay logs and recordings reports 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:
- PPCA collects 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;
- PPCA collects personal information about registered artists from their agents or managers;
- PPCA collects 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 PPCA collects personal information about you from a third party and it is unclear whether you have consented to the disclosure of that personal information to PPCA, then PPCA will take reasonable steps to contact you and ensure that you are aware of the circumstances surrounding the collection and the purposes for which PPCA has collected your personal information.
Please review each Privacy Collection Statement provided to you in each instance by PPCA as it includes more detailed information about how PPCA collects, stores and discloses your personal information in different instances.
3. Why does PPCA collect, hold or use personal information?
PPCA collects and uses personal information to carry out a number of the organisation’s business activities. Typically, PPCA will only use the personal information it holds for the primary purpose for which it was originally collected, or for closely related business purposes. PPCA will primarily collect personal information in order to fulfil its role as a copyright collecting society, and for carrying out related functions including:
- 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 the PPCA Complaints and Disputes Policy;
- compiling reports (for example, the reports required under the Code of Conduct for Copyright Collecting Societies of which PPCA is bound) and industry statistics and analysis;
- administering the PPCA Performers' Trust Foundation and other grant programs;
- educating the public about PPCA's activities; and
- providing information to you regarding licensing, music industry events and matters.
In most cases, the primary purpose for which PPCA needs personal information will be apparent from the context in which PPCA collects it. If this is not the case, PPCA will take steps to specify its purpose(s) at, or as soon as possible after, the time of collection. PPCA may also use personal information to send you information about PPCA’s activities, or about goods or services that PPCA believes may be relevant or useful to you. If at any time you do not wish to receive such information, please let PPCA know by contacting the PPCA Privacy Officer (see section 9 below).
In other respects, PPCA will only use personal information with your consent, or if PPCA is required or permitted by law to do so (e.g. 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 PPCA has 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). PPCA may also disclose personal information if it is required or permitted by law to do so (e.g. 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, PPCA takes 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 ARIA and PPCA:
- certain ARIA staff are able to access the PPCA databases 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 and music videos (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 it obtains from its 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 PPCA has lost contact, so that ARIA may attempt to locate them.
4.2 Disclosures to APRA and OneMusic Australia
4.3 Disclosures to contractors and service providers
Occasionally, PPCA has to rely on third party contractors to provide services or perform functions on its behalf, and this may involve a disclosure of personal information by PPCA to that third party. While these vary from time to time, they may include:
- organisations that provide communication services on PPCA’s 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.
4.4 Disclosures from surveys
4.5 Other disclosures
PPCA may publish and disclose personal information to a number of other parties, including:
- publishing and making available to all licensees a schedule of copyright owners that have authorised PPCA to grant licences on their behalf, and this may include contact details for individuals who own copyright in their own recordings. PPCA also publishes each year a “Most Broadcast” list, which contains public domain information about artists and their recordings;
- publishing and making available via the PPCA Website (a list of artists and licensors with whom PPCA has lost contact, for the purpose of locating them;
- disclosures 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;
- disclosures to organisations and bodies involved in grants and funding initiatives;
- disclosures in response to requests, such as:
- To copyright owners about the amounts paid to artists under the Artist Direct Distribution Scheme in respect to sound recordings controlled by that copyright owner.
- To a member of a band about the percentage claimed by another member.
- To industry publications about the contact details of copyright owners whose sound recordings and music videos are licensed by PPCA for publication.
- disclosures, on a confidential basis, to other collecting societies about a person or organisation that plays or communicates sound recordings or music videos;
- disclosures to mediators or adjudicators for the purpose of resolving disputes in accordance with the PPCA Complaints and Disputes Policy; and
- disclosures, on a confidential basis, to the Code Reviewer in accordance with PPCA’s obligations under the Copyright Collecting Societies Code of Conduct. Where information provided by PPCA to the Code Reviewer is made public, such as in PPCA’s yearly compliance report, PPCA requires any personal information provided is anonymised or removed from the public report.
4.6 Disclosures made to organisations based overseas
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. 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 it holds 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. PPCA only allows authorised personnel to access personal information, and it is a condition of employment with PPCA that all employees maintain the confidentiality of all information to which they have access.
PPCA only retains personal information for as long as it is needed by PPCA, or for as long as PPCA is legally required to retain the information. When PPCA is no longer required to retain personal information, PPCA ensures that it is disposed of or destroyed in a secure fashion in accordance with the obligations under the APPs in the Privacy Act.
6. Online privacy issues
6.1 Google Analytics
Google Analytics is a web analysis service provided by Google. PPCA has implemented a feature of Google Analytics referred to as Demographics and Interest Reporting on this website.
6.2 Social Media
This Policy also applies to the personal information that individuals provide to PPCA via its Facebook and Twitter pages, or through other social media and online channels. PPCA 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. PPCA will not use or disclose information collected through these channels for marketing purposes unless PPCA makes 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 the PPCA 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 the PPCA website or other online channels.
6.3 Links to Third Party Websites
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 PPCA may be required or permitted by law to withhold access to some or all of that information. You also have the right to ask PPCA to correct personal information about you that you believe is inaccurate, incomplete or out of date.
If you wish to exercise these rights, please make a request in writing to the PPCA Privacy Officer (see section 9 below). You will need to provide some form of identification (e.g. a copy of your driver’s licence or passport) so that PPCA can verify that you are the individual to whom the personal information relates. You should also include details of how PPCA can contact you in case PPCA needs to discuss your request.
8. How can I make a complaint if I believe that PPCA has breached the APPs?
If you have a complaint about PPCA’s breach of the APPs, please contact PPCA’s Privacy Officer (contact details are set out in section 9). PPCA will endeavour to respond to complaints within 30 days of their receipt.
If you are dissatisfied with PPCA’s response, you may refer the matter to the Australian Information (Privacy) Commissioner.
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 the PPCA Privacy Officer by one of the following methods:
- By telephone (during business hours): +61 2 8569 1100
- By email: firstname.lastname@example.org
- 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 PPCA’s Complaints Handling and Dispute Resolution Policy.
This Policy was last updated on 8 April 2021.