Privacy Policy

Privacy Policy

1. General Policy

This privacy policy (Policy) relates to all personal information collected, held, used and disclosed by or on behalf of the Australasian Performing Right Association Limited (Musixlinks) and the Australasian Mechanical Copyright Owners Society Limited (Musixlinks). It covers all of our activities, including our operation of the websites at www.musixlinks.com.au and any apps operated by Musixlinks from time to time (together, Online Services) and our dealings with other collecting societies.

At Musixlinks, 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 Musixlinks collect and hold;

how Musixlinks collect and hold personal information;

 
 

the purposes for which Musixlinks collect, hold, use and disclose personal information;

how you may access personal information about you that is held by Musixlinks and seek correction of it;

how you may complain about a breach of the APPs and how Musixlinks 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 Musixlinks 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 Musixlinks’s activities. Musixlinks’s business purposes are further detailed on our websites www.musixlinks.com.au

The kinds of personal information that Musixlinks 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 Musixlinks in connection with communications relating to your liability to pay licence fees, nominations for awards (including the Musixlinks Music Awards) and feedback (including complaints) in relation to our services.

The Online Services may use cookies and third-party analytics tools such as those provided by Facebook and Google to improve your experience, ensure that our online services function correctly (such as enabling you to log-in to sections of the Online Services) and to provide Musixlinks with information about how you use our Online Services.

The analytics tools provided by Facebook and Google place or access cookies on your device, which allow them to monitor your use of our Online Services and, where you have an account with those services, may allow them to identify you.

More information regarding these services, including their privacy policies and information about opting out is available on their websites:

Google: https://policies.google.com/technologies/partner-sites.

Facebook: https://www.facebook.com/policies/cookies/.

The web browser or device you use may offer settings that allow you to choose whether cookies are accepted or to delete them. More information about these controls will be available in the help material for your browser or device. Certain parts of the Online Services may not work properly if you disable cookies. Certain third party services also permit you to opt out of analytics and targeted advertising such as http://www.aboutads.info/choices and http://www.youronlinechoices.eu/.

Musixlinks will collect personal information directly from you unless it is not reasonable or practicable to do so. Musixlinks may solicit personal information through our Online Services, in documents or during communications with our members and others.

3. Use and disclosure of your personal information

Musixlinks 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 Musixlinks 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, Musixlinks may also use or disclose it for that purpose.

Musixlinks may, from time to time, send to you marketing material that Musixlinks consider will be useful to you, or other material about our activities. Musixlinks 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, app 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 Musixlinks’s activities only;

overseas and local collecting societies that collect and distribute performing right royalties and that have a reciprocal agreement with Musixlinks or with which Musixlinks have an agreement to share works information. Overseas recipients are likely to be located in the countries listed here.

the Phonographic Performance Co of Australia (PPCA) in connection with our agreement for the OneMusic Australia service;

collecting societies of which Musixlinks is a member for the purpose only of distributing money to Musixlinks members;

Musixlinks and Musixlinks respectively, under our administration agreement;

specialist advisers who have been engaged to provide Musixlinks 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;

if you are a music publisher, the Australasian Music Publishers Association (AMPAL) for the purpose of updating our respective databases with correct and complete lists of Australasian music publishers;

our related entities, Musixlinks New Zealand Limited and the Musixlinks 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.

Musixlinks 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, Musixlinks may use or disclose personal information:

if authorised or required by or under an Australian law or court/tribunal order;

if Musixlinks reasonably believe that the use or disclosure is necessary to take appropriate action in relation to suspected unlawful activity or misconduct;

if Musixlinks 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 Musixlinks 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

Musixlinks reasonably believe that the use or disclosure is reasonably necessary in order to locate a person reported as missing.

Where Musixlinks disclose personal information to third parties, we impose strict obligations of security and confidentiality regarding the way they handle that information. Musixlinks do not grant them permission to sell or transfer that personal information.

4. Security of your personal information

Once collected, Musixlinks 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. Musixlinks 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. Musixlinks 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). Musixlinks 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 Musixlinks hold any sensitive personal information about you, that information will only be used and disclosed by Musixlinks 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 Musixlinks hold by contacting Musixlinks’s Privacy Officer at connect@musixlinks.com.au

Musixlinks will process your request within a reasonable time. If Musixlinks 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 Musixlinks if there are any changes to your personal information. You may ask Musixlinks at any time to correct personal information we hold about you by contacting Musixlinks’s Privacy Officer at 

and Musixlinks must respond to you within a reasonable time. Musixlinks 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 Musixlinks’s breach of the APPs, you should contact Musixlinks’s Privacy Officer at connect@musixlinks.com.au

Musixlinks 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

Musixlinks may amend this Policy from time to time, and the amended Policy will be published on our website at www.musixlinks.pro 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.

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