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  3. 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 APRA New Zealand Limited, AMCOS New Zealand Limited, (together, APRA AMCOS). It covers all of our activities, including the websites at www.apraamcos.co.nz and www.onemusicnz.com (Websites) and any apps operated by APRA AMCOS from time to time (together, Online Services) and our dealings with other collecting societies.

At APRA AMCOS, we take our privacy obligations seriously and are committed to ensuring that we handle personal information in accordance with the Information Privacy Principles (IPPs) contained in the Privacy Act 2020 (Act). Under the Act, “personal information” means information about an identifiable individual.

This Policy sets out:

  1. the kinds of personal information that APRA AMCOS collect and hold;
  2. how APRA AMCOS collect and hold personal information;
  3. the purposes for which APRA AMCOS collect, hold, use and disclose personal information;
  4. how you may access personal information about you that is held by APRA AMCOS and seek correction of it;
  5. how you may complain about a breach of the IPPs and how APRA AMCOS will deal with such a complaint; and
  6. 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 our licensees and members of our related entities, Australasian Performing Right Association Limited and Australasian Mechanical Copyright Owners Society Limited (Members), 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:

  1. Member and licensee names, pseudonyms, telephone numbers, email addresses, address gender, date of birth and payment details;
  2. photographs of Members;
  3. types of music written by Members;
  4. tour dates;
  5. contractual information between writers and publishers; and
  6. 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 Silver Scroll 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, Microsoft, Amplitude and Google to improve your experience, ensure that the Online Services function correctly (such as enabling you to log-in to sections of the Online Services) and to provide APRA AMCOS with information about how you use our Online Services. 

The analytics tools provided by Facebook, Microsoft, Amplitude 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 and provide advertising to you. 

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

  1. Google: https://policies.google.com/technologies/partner-sites
  2. Facebook: https://www.facebook.com/policies/cookies/
  3. Microsoft: https://privacy.microsoft.com/en-us/privacystatement
  4. Amplitude:  https://amplitude.com/privacy

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.

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 Websites, in documents or during communications with Members, licensees 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.

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 for that purpose, or if you have consented to receiving such communications. 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:

  1. 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 APRA AMCOS’s activities only;
  2. overseas and local collecting societies that collect and distribute performing right royalties and that have a reciprocal agreement with our related entity, Australasian Performing Right Association Limited or with which Australasian Performing Right Association Limited have an agreement to share works information. Overseas recipients are likely to be located in the countries listed here;
  3. overseas and local collecting societies that collect and distribute mechanical right royalties and that have a reciprocal agreement with our related entity, Australasian Mechanical Copyright Owners Society Limited or with which Australasian Mechanical Copyright Owners Society Limited have an agreement to share works and distribution information. Overseas recipients are likely to be located in the countries listed here;
  4. Recorded Music New Zealand Limited (RMNZ) in connection with our agreement for the OneMusic New Zealand service;
  5. collecting societies of which our related entity, Australasian Mechanical Copyright Owners Society Limited, is a member for the purpose only of distributing money to its members;
  6. APRA and AMCOS respectively, under our administration agreement;
  7. specialist advisers who have been engaged to provide APRA AMCOS with legal, administrative, financial, insurance, research, marketing or other services;
  8. other collecting societies in Australia and New Zealand, on a confidential basis;
  9. our related entities, the Australasian Performing Right Association Limited ABN 42 00 016 099 and the Australasian Mechanical Copyright Owners Society Limited ABN 78 001 678 851
  10. regulatory bodies which oversee or impact on our operations; and
  11. 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:

  1. if authorised or required by or under an New Zealand law or court/tribunal order;
  2. if APRA AMCOS reasonably believe that the use or disclosure is necessary to take appropriate action in relation to suspected unlawful activity or misconduct;
  3. 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;
  4. if reasonably necessary for the establishment, exercise or defense of a legal or equitable claim or for the purposes of confidential alternative dispute resolution;
  5. 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
  6. 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 membership or a trade union or professional 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 protected] or by mail addressed to:

Privacy Officer 
APRA AMCOS
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 [email protected] or by mail addressed to:

Privacy Officer
APRA AMCOS
Locked Bag 5000
Strawberry Hills NSW 2012

and APRA AMCOS will 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 IPPs, you should contact APRA AMCOS’s Privacy Officer at [email protected] or by mail addressed to:

Privacy Officer
APRA AMCOS
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, see the website of the Office of the Privacy Commissioner.