Privacy Policy
Click here to download CAL's Privacy Policy in PDF format.
At Copyright Agency Limited (CAL) we are strongly committed to protecting the privacy of individuals. This privacy policy outlines how CAL protects your personal information in accordance with the National Privacy Principles under the Privacy Act 1988 (Cth). For more information about your right to privacy please visit the Office of the Privacy Commissioner.
What personal information does CAL collect?
Personal information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. (section 6 Privacy Act 1988 (Cth))
CAL collects personal information relating to individual creators, publishers, licensees and art market professionals, as part of the normal course of its business. Where possible CAL collects personal information directly from the individual concerned. The type of personal information that CAL collects from rightholders, licensees and art market professionals includes contact information, bank account details for electronic funds transfer payments, lists of works, and details of other memberships/associations and of licence schemes in which members participate.
In limited situations, CAL also collects personal information relating to creators from other rightsholders in a work, including the publisher. This personal information is restricted to information which will assist in member recruitment or payment to rightholders, such as contact and entitlement information. If CAL cannot collect that personal information from other rightsholders, it will restrict its ability to efficiently recruit and pay rightholders.
CAL may also collect personal information indirectly through surveys administered by third parties for the purposes of determining licence fees for use of copyright material and for determining to whom copyright payments should be made.
CAL collects this type of personal information for a number of purposes including:
- collecting and distributing payment for use of copyright works;
- collecting and distributing resale royalties;
- identifying and locating rightsholders;
- confirming payment share entitlements to CAL allocations;
- assisting members to resolve disputes over entitlements to CAL allocations or resale royalties;
- providing rights management services; and
- providing information on the use of copyright works to rightsholders and licensees.
To whom will CAL disclose your personal information?
CAL only uses your personal information for the purposes for which it is collected and related internal management purposes.
CAL only discloses your personal information in limited circumstances, including the following:
- CAL may disclose the amount of your CAL payments to other rightholders or their agents in accordance with its distribution rules.
- Subject to any restrictions agreed to by CAL with the Commonwealth Government from time to time, CAL may exchange personal information with foreign collecting societies in order to distribute payments to foreign rightholders and to claim payments under foreign schemes or for foreign use.
- CAL may disclose your CAL membership and CAL licence scheme participation to its licensees and to overseas collecting societies.
- CAL may disclose your personal information to third party research companies to conduct surveys about CAL's services to you. Participation in such surveys is optional.
- Where use of your works has been identified in a survey, CAL may disclose your personal information relevant to that use and entered into our systems to licensees.
- CAL may disclose your personal information to independent auditors engaged to audit CAL's operational practices.
- CAL may be required to disclose your personal information to law enforcement bodies, or as otherwise authorised under National Privacy Principle 2. However, CAL is obliged to notify the Commonwealth Government of any subpoena, warrant or other request made by a foreign court or other foreign authority for the disclosure of personal information and may not disclose such information without the prior written consent of the Commonwealth Government.
- CAL may, in accordance with its distribution rules, disclose the amount of your CAL payments to other rightholders in your works or to their agents, or to external mediators or experts, for the purpose of resolving or assisting in resolution of disputes between members.
How does CAL store my personal information and is it secured?
CAL takes reasonable steps to ensure that your personal information is held in a secure manner. These steps include electronic access restrictions for electronic files that contain personal information, securing paper files containing personal information in locked cabinets and physical access restrictions.
CAL undertakes not to disclose your personal information in any manner that would be considered direct marketing.
CAL must obtain the consent of the Commonwealth Government for the temporary or permanent transfer of personal information of resale royalty right holders to someone who is in a foreign country.
Can I access my personal information held by CAL?
You can access your personal information as held by CAL. Please lodge your request for access with our Privacy Officer, who may be contacted directly via privacy@copyright.com.au. There will be no charge for lodging such a request; however a reasonable fee may be payable for providing access to your personal information. The decision in relation to access will be based upon National Privacy Principle 6. You can also ask us to correct personal information we hold about you.
Complaints and Concerns
If you have any concern about how CAL treats your personal information please contact our Privacy Officer directly via privacy@copyright.com.au or write to the Privacy Officer at:
Copyright Agency Limited
Level 15, 233 Castlereagh Street
SYDNEY NSW 2000