- Website usage Terms and Conditions
- Direct Licensing Policy
WEBSITE USAGE TERMS AND CONDITIONS
The term ‘J. Albert & Son Pty Ltd’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 9 Rangers Road, Neutral Bay NSW 2089. Our ABN is: 28 000 026 513. The term ‘you’ refers to the user or viewer of our website.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia.
J. Albert & Son Pty Ltd and its related bodies corporate (collectively, Alberts, we, us or our) respect 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 (Privacy Act).
1. What kinds of personal information does Alberts collect and hold?
We only collect personal information that we need for one or more of our business activities. Most of the personal information Alberts 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 of Alberts’ royalty clients;
- details of Alberts’ writers (and their songs) and artists (and their recordings), which we may use for marketing, promotional and rights administrative purposes;
- contact details for the people we deal with at other organisations with which Alberts has business relationships, such as industry or trade associations, media organisations, government authorities and suppliers of goods and services; and
- contact details and information provided to us by the people and organisations Alberts engage to represent Alberts’ copyrights.
Occasionally, we may collect personal information about individuals in their private capacities, for example where an individual:
- subscribes to receive Alberts publications;
- makes an inquiry (e.g by email or telephone);
- makes a complaint;
- makes a comment via our Facebook or Twitter pages, or through other social media and online channels - this is discussed further below (Section 6, Online privacy issues); or
- applies for a job with Alberts.
Alberts 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 Alberts collect personal information?
Alberts generally collects personal information from the individual. The most common ways in which Alberts collects personal information are:
from contact forms submitted to Alberts by individuals via the Alberts website;
- when individuals receiving goods or services from Alberts make payment for those goods or services;
- when Alberts requires bank account details from royaltors and other creditors who receive payment by direct deposit;
- from job applications when individuals apply for jobs at Alberts;
- from contributions made via social media (including Twitter and Facebook); or
- from telephone, email, written and in-person enquiries directed to Alberts.
However, sometimes Alberts needs to collect personal information from a third party, for example, we may collect personal information from the Australasian Mechanical Copyright Owners Society to determine whether persons or organisations may require a licence from Alberts for the reproduction of Alberts’ copyrights.
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 Alberts 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, Alberts collects personal information to fulfil its role as music publisher and record label, for the purpose of:
- issuing and administering synchronisation licences;
- managing Alberts’ memberships;
- managing business relationships;
- reviewing and assessing job applications;
- responding to enquiries and complaints;
- receiving and making various payments; and
- providing information to you regarding events and music industry 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. To whom does Alberts usually disclose personal information?
Alberts 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 paragraphs describe some of the organisations, or types of organisations, to which Alberts usually discloses personal information. Wherever personal information is disclosed outside of Alberts, 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 Alberts; and
- stores the information securely, and either destroys it or returns it to Alberts when it is no longer needed.
Occasionally, Alberts 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 Alberts 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 Alberts to provide Alberts with legal, administrative, financial or other services;
- debt collection agencies; and
- information technology service providers.
Alberts may also disclose information to overseas collecting societies, copyright owners and agents that collect and distribute payments and that have an agreement with Alberts. These overseas third parties are located in various countries, for example USA and UK. It may be necessary for Alberts to provide personal information to these entities in order to facilitate the licensing activities or the administration and distribution of any royalties which may ultimately be payable to you. Alberts 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
Alberts 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 Alberts 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
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 Alberts cannot control the use of such personal information by other users of our website or other online channels.
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 Alberts 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 (e.g 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 Alberts 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 Alberts?
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): +61 2 9927 0900
By fax: +61 2 9909 3035
By email: firstname.lastname@example.org
By post: The Privacy Officer
Locked Bay 4000
Neutral Bay NSW 2089
This Policy was last updated on 29 July 2014.
DIRECT LICENSING POLICY
Alberts’ Licensing Department manages the licensing of Alberts’ catalogue of compositions, sound recordings and music videos.
Alberts’ Licensing Department offers non-exclusive licences for a range of uses, including synchronisation licences (eg. films, computer games and audio-visual presentations); compilation licences; communication to the public licences (eg. transmission in media such as television, radio, internet or mobile devices) and public performance (eg. playing music videos and sound recordings in public places, such as commercial premises).
You will generally need to negotiate a licence agreement with Alberts’ Licensing Department before using any of Alberts’ compositions, sound recordings or music videos. Please provide a brief description of the proposed use and email email@example.com.
Licence requests are considered and negotiated on a case-by-case basis having regard to the proposed use. We may then proceed to provide a quote which will be subject to contract and in most cases will also be subject to formal clearance (eg. artist or label approval). In the event that agreement is reached on the terms, a formal licence agreement will be issued for signing. We stress that, even though terms may be agreed, the proposed use cannot begin unless and until the formal licence agreement is signed by both parties and the licence fee has been received by Alberts.
Please note that:
1. Depending on the circumstances of each proposed use, one or more third parties may also controls rights in the composition(s), sound recording(s) and/or music video(s) that you are proposing to use. If this is the case (and we will do our best to advise you of this), you will need to contact the relevant third parties to obtain the necessary licence(s).
2. The rights of public performance and communication to the public of compositions are generally controlled by collecting societies such as (in Australia and New Zealand) APRA, whom you would need to contact for the necessary licence(s).
3. In relation to certain types of public performance and communication to the public of sound recordings, you may choose to approach directly (in Australia) the Phonographic Performance Company of Australia (PPCA) or (in New Zealand) PPNZ Music Licensing (PPNZ) which may non-exclusively offer licences which cover Alberts’ catalogue (together with the catalogues of other record companies) eg. licences for broadcasting, music on hold and playing music in commercial premises.
4. Particular sound recordings do not have public performance or broadcast rights in Australia, which means that a licence is not required to exercise those rights. Independent legal advice should be sought to determine which sound recordings fall within this exception.
5. Alberts may revise this Direct Licensing Policy from time to time in its discretion.