EMI Privacy Policy

Overview

This is the Privacy Policy of EMI Music Australia Pty Limited (Australian Company Number 000 070 235) of 18 Hutchinson Street, Surry Hills NSW 2010, Australia and EMI Music New Zealand Limited (NZ Company Number 247674) of Suite 404, Level 4, Ironbank, 150 Karangahape Road, Auckland 1140, New Zealand (together, “EMI”, “us” or “we”).

EMI is committed to protecting your privacy and strictly adheres to the National Privacy Principles and Privacy Act 1988 (Cth) in Australia, and the Information Privacy Principles and Privacy Act 1993 in New Zealand (together, the “Privacy Legislation”). This Privacy Policy was most recently updated on 19 January 2012.

In conjunction with any terms and conditions contained on our websites theinsoundfromwayout.com, theinsoundfromwayout.co.nz, theinsong.com and theinsong.co.nz (the “Websites”) or stated on any other forms or documents you may complete from time to time, this Privacy Policy sets out the basis on which we will collect, store, use and disclose any personal information (as that term is defined under the Privacy Legislation) which you provide to us. Please read it carefully.

By visiting any of the Websites, or otherwise providing any personal information to us, you are accepting and consenting to the practices described in this Privacy Policy which may be amended by EMI from time to time. Any changes to the Privacy Policy will be clearly displayed on the appropriate section of the Websites and your continued use of the Websites and/or provision of personal information after that time will indicate your willingness to be bound by those changes. If you do not agree to be bound by this Privacy Policy at this or any other time, you should not use the Websites or provide any personal information to us.

Children

You must be at least 13 years old to register with us. We ask you not to register any of your details with us if you are under 13 years old. If you are between the ages of 13 and 16 please ensure that you have your parent’s or guardian’s consent to register. Users without this consent are not allowed to provide us with personal information. If we become aware that you are under 13 and are attempting to or have submitted personal information via the Websites, or that you are between the ages of 13 and 16 and are attempting to or have submitted personal information via the Websites without your parent’s/guardian’s permission, we will not accept such information and we will take steps to remove such information from our records. This may involve us having to access and verify your age and other relevant details.

What we collect and why

When you use the Websites, there are a number of different ways that personal information about you is gathered by us and by the third parties that assist us to manage the Websites (including the operators of our digital download stores). If you only browse our Websites, without undertaking any other activities, we will not collect personal information about you. However, we may collect anonymous data about your browsing, such as browsing history and geographical location, for various statistical purposes (including those set out in this Privacy Policy).

When you register with us, we ask for information such as your name, email address, street address and related contact details. You may also be asked to provide personal information to order products or participate in one of our online forums or communities. We will keep a record of this information and any other information relating to you that we may obtain from our suppliers or other third parties. This record will be stored and processed in Australia and other countries (see further below under “The EMI Group and how we store information about you” and “How we use information about you”). All this information is necessary for us to recognise you, provide you with the services or information you have requested from us and, where appropriate, to maintain your account with us. We also use this information to improve our platform and prevent or detect abuses of our Websites. You are under no obligation to provide any personal information, but if you choose to withhold any information that we request, we may not be able to provide you with certain services.
We may keep a record of any electronic correspondence you send us. This helps us keep track of any problems or concerns you’ve had with our Websites or services.

When you use certain sections of the Websites, or undertake certain activities such as uploading user generated content, blogging or otherwise commenting on particular issues, we may keep a record of your access and activities. We use this information to ensure compliance with our terms of use and all applicable laws, and to assist in the proper management and conduct of our business.
From time to time you may provide us with personal information for other specific purposes, such as employment or work experience by or with EMI, and whether directly or via our partners and agents. We will only use that personal information for the purpose for which you provided it, or anything reasonably incidental to that purpose.

We may hold competitions or promotions, or make special offers, either on our own or in partnership with one or more of our partners or sponsors, as part of which, EMI and/or our partners may request and collect personal information (including contact details) from you when you participate. We will use the information you provide to conduct the competitions, promotions or offers and for any other purposes to which you consent at that time. Where we conduct competitions with third parties, we may share the information we obtain from you with them and vice versa. If that is the case, then either EMI or our partner will notify you of this at the point where your personal information is collected. At this time, you will be able to choose whether or not to participate in the applicable competition, promotion or offer.
If you use the Websites to pay for a service, your payment information will only be used to check that it is a valid method of payment and to process your payment. No payment information is kept by EMI or our third party service providers, other than to facilitate the provision of services to you (for example, storing your credit or debit card number for quick payment). You will always be able to remove any such stored payment details. Except as required to process your payment, we will never share this information with third parties.

Vouchers for services may be provided from time to time by EMI, its partners or sponsors. If you redeem a voucher to pay for services, you may be required to provide additional personal information which may be shared with a third party (for example, the third party from whom you obtained that voucher). If that is the case, then we will notify you that we are sharing your personal information with such partner at the point where we collect it and you will be able to choose whether to use the voucher.

There may also be occasions when we need to collect information about you from a third party. For example, we may collect personal information from a person for whom you work or have worked or a recruitment agency if you have applied for employment or a work experience opportunity with us.

If you provide personal information to us about someone else (such as one of your employees or someone with whom you have dealings) you must ensure that you are entitled to disclose that information to us and that, without us taking any further steps required under the Privacy Legislation, we may collect, use and disclose such information for the purposes for which it was provided and anything reasonably incidental to that purpose.

Cookies and Analysis Tools

We currently use Google Analytics to analyse how visitors use our Websites and to try and improve them. To do this, we use Web beacons and cookies on the Websites; these are text files that collect and log site user behaviour information including IP addresses (the number automatically assigned to your computer by your Internet Service Provider) in an anonymous form. The information collected is transmitted to Google and used to compile statistical reports for us. The information is not used to track or collect any information which may be used to identify a particular individual. All information is used and held anonymously.

We may also use cookies and other technologies to optimise your experience on the site. Cookies can be used to recognise users when they return and may help us customise the Websites for you based on your preferences. Cookies may also be used to identify the user’s geographic location and enable us to restrict particular services to users in certain countries. Although they do identify a user’s computer, cookies do not personally identify users, and passwords and credit card information are not stored in cookies.

We control how the data collected from our cookies and other technologies may and may not be used. If you do not want to help us learn how to improve our site, products, offers and marketing strategy, you can “opt-out” of our ability to analyse such data and disable cookies by modifying the settings in your browser. Note that this might affect some functionality on the Websites. For more information about cookies and how to disable them please go to www.allaboutcookies.org.

Third party advertisers who advertise on any of the Websites may use cookies and other technologies in their advertisements for statistical purposes. EMI has no control over cookies placed by third parties.

The EMI Group and how we store information about you

In order to communicate with you about local events, offers and opportunities and other news, the information that we collect from you may be transferred to, stored and processed by EMI Group Limited (our parent company) and its subsidiaries (the “EMI Group Companies”) or one of our suppliers based in Europe, North America, South East Asia, Asia Pacific or Latin America. Such staff may be engaged in, among other things: preparing and sending newsletters to which you subscribe, the fulfilment of your order, the processing of payment details and the provision of support services. Not all countries legislate for the same levels of protection of personal information as your home country. By submitting information, you agree to this collection, transfer, storing or processing of information about you for the purposes described in this policy. We will take all reasonable steps to ensure information about you is treated securely in accordance with this policy, and all information you provide to us is stored on our secure servers or those of our service providers. A full list of EMI Group Companies who may jointly use information about you is available at http://www.emigroup.com/EMI/list.pdf. EMI Group Limited is the entity responsible for the management of jointly used personal information.

Passwords

Where we have given you (or you have chosen) a password to access one or all of the Websites, you are responsible for keeping this password confidential. Please do not share it with anyone. We will never contact you and ask for your password.

How we use Personal Information about you

All the information we collect via our Websites or through correspondence with you is used to provide you with any information, products or services you have requested, operate the EMI Group Companies’ business and hopefully improve the services and products that we offer you. We will use personal information about you for purposes such as:

  • managing the Websites and access to them so they are presented in the most effective way for you and your computer;
  • dealing with orders and accounts for the supply of our goods and services
  • planning and managing EMI business activities, including analysing users’ preferences;
  • research;
  • providing you with information about the products and services we offer (subject to your preferences where possible);
  • providing you with information about specially selected third party products and services (if you consent to receive such information on registration);
  • notifying you of any changes to our products and services;
  • providing you with password reminders or to notify you that a particular service has been suspended for maintenance; and
  • processing and dealing with any complaints or enquiries made by you.
  • There are only a limited number of circumstances where we may share some or all information about you that we hold with others. In addition to those referred to elsewhere in this Privacy Policy, we may share personal information in the following situations:

With agents and other third parties that assist us in the services we provide to you by, for example, hosting sites, managing digital download purchases, or sending emails on our behalf. In these instances, we provide them with only the information they need to perform their function. EMI requires these third parties to comply with EMI’s instructions and requires them not to use any personal information for their own business purposes.

In the event that our business assets are ever sold to or purchased by another company. (Our data records are part of our business.)
To other members of the EMI Group Companies, which means other companies across the world owned or controlled by our parent company, EMI Group Limited (see list).

To our joint venture partners.

Where you have expressed an interest in one or more particular artists and have consented to the sharing of information with any such artist(s), we may share personal information about you with such artists and their representatives. Such artists may use this information to contact you regarding products, programs, services and promotions that the artists believe may be of interest to you. We do not control, and are not responsible for, artists’ use of personal information. If you decide that you no longer wish EMI to be able to share personal information with artists and their representatives, please see the section on opting-out below.

If we are under a duty to disclose or share personal information about you in order to comply with any legal obligation at the request of public authorities, or in order to enforce or apply our Website terms and conditions to protect the rights, property or safety of EMI, our customers, or others.

We may make available services such as message boards, chat functionality and blogs, to which you are able to post information and materials. Please note that any information you disclose through such services or otherwise on the Websites becomes public information, and may be available to visitors to the Websites and to the general public. In addition, when you choose to make a posting on such services certain personal information will be available for other users to view. We urge you to exercise discretion and caution when deciding to disclose personal information about you, or any other information, on the Websites. WE ARE NOT RESPONSIBLE FOR THE USE BY ANY THIRD PARTY OF ANY PERSONAL INFORMATION YOU VOLUNTARILY DISCLOSE THROUGH ANY SUCH SERVICES OR OTHERWISE ON THE WEBSITES.
On your express consent.
So far as possible, EMI will endeavour to ensure that each disclosure will be subject to an obligation of confidentiality.

We may also share anonymised, aggregated data such as access statistics, with third parties such as advertisers. This will not involve the identification of individuals.

Employment and work experience opportunities

Where you have applied for employment or a work experience opportunity with us, we may use your personal information for assessing your application and managing your relationship with us.

The personal information contained in your application and resume is collected by EMI for the purpose of assessing your application for employment or work experience with EMI.

Where you have applied for employment or a work experience opportunity with us, EMI may also:

  • conduct reference checks with your former employers;
  • if you are successful in obtaining an interview with EMI, take notes during your interview.
    The personal information contained in your application and resume, the personal information provided by former employers as part of any reference checking and the personal information contained in any interview notes may be disclosed to relevant human resource personnel and managers within EMI Group Companies, recruitment agencies, referees and professional advisors for the purpose of considering you for employment or work experience opportunities with us. EMI will not disclose this information to any other third parties or use it for any other purpose.

If you are unsuccessful in obtaining a position with EMI, the information collected will be kept by EMI in a secure location for six (6) months, during which period you may be considered for future positions with EMI. The information will then be destroyed in a secure manner. If you do not want EMI to keep your personal information in these circumstances, please contact the EMI Privacy Officer at the contact details below.

If you are successful in obtaining a position with EMI, the information collected during the recruitment process will be retained as part of EMI’s employment records. In certain circumstances, you may have the right to access this information, whether in whole or in part.

If you do not provide the requested information or do not consent to the information being collected and retained, we may not be able to consider your application for employment or work experience.

How do we communicate with you and how can you opt-out from receiving future communications?
We will never pass on your email address or personal information about you to a third party for marketing purposes, without your consent.

How do we communicate with you and how can you object to receiving future communications?

We may use the information we collect to contact you by post, email, telephone (including automated calls, by SMS text messages and other multimedia electronic messages such as picture messaging), so as to contact you: in relation to the functioning of any services you have signed up for in order to ensure that we can deliver the services to you; to provide you with further information; in relation to any submissions (including content) or contributions you have made to the Websites, e.g. on our message boards; to invite you to participate in surveys about our services (participation is always voluntary); or for marketing purposes subject to any elections that you have made in this respect.

We will never send you unsolicited premium rate SMS messages (which are SMS messages you pay to receive), although your mobile network service provider may impose a charge on any messages that you receive. Please check with your service provider for details.

You will be given the opportunity to opt-in to receive such marketing information at the point when your details are collected. All promotional information from us will come with instructions on how to opt-out from receiving further information in the future.

You can tell us not to contact you or share the information with a third party either at initial registration or later through updates. We may occasionally contact you about products and services we feel may be of interest to you. This contact will come from us (or our agents, joint venture partners or our artists) and only if you have indicated that you do not object to these offers. If you would prefer to no longer receive marketing-related messages from us, or if you would prefer that we not share personal information about you with any of our joint venture partners or artists, you may opt-out of receiving messages from us or from our future sharing of information about you by following the “unsubscribe” instructions in the latest such message you have received. We will endeavour to comply with your request as soon as reasonably practicable. Please keep in mind that if you opt-out of receiving promotional messages from the Websites, we will continue to send you transactional messages and important account-related information regarding the Websites or products or services offered through the Websites. We also will continue to honour your requests regarding promotional communications from other EMI websites for which you have subscribed.

Please note that if you opt-out as described above, we will not be able to remove personal information about you from the databases of joint venture partners or any artists with which we have already shared personal information about you (i.e., to which we have already provided personal information about you as of the date that we implement your opt-out request). If you
wish to cease receiving marketing-related messages from such joint venture partners or any artists, please contact such joint venture partners or any artists directly or utilize any opt-out mechanisms set out in their respective privacy policies or marketing-related messages.

Information over the internet and other websites

The internet is a global network – therefore there are cases where information about you travels globally and may not always be completely secure. We want you to know that if you provide us with information over the Internet, this is at your own risk. By using the Websites, you agree to and authorise us to process information in this way. However, please be assured that we do use commercially reasonable procedures and security features to prevent unauthorised access to your information.

Where the Websites contains links to third-party websites please note that these have been included for your convenience only. Neither EMI nor any of its affiliated companies controls the content of any linked site and any personal information collected by such sites will be subject to the privacy policy of the third party operating that site. Please read any policy carefully before providing any personal information on such websites.

Offensive or inappropriate content
If you post or send offensive, inappropriate or objectionable content anywhere on or to the Websites, or otherwise engage in any disruptive behaviour on the Websites, we may use the personal information we hold about you to stop such behaviour. Where we reasonably believe that you are or may be in breach of any applicable laws (for example, but without limitation, content you have posted may be defamatory), we may use the personal information we hold to inform relevant third parties such as your employer, school email/Internet provider or law enforcement agencies about the content and your behaviour.

Legal disclaimer
We are not responsible nor will be liable to you in any way for events beyond our direct control. Because of the complex and constantly changing nature of our technology and business, we cannot guarantee nor do we represent that our performance will be error free, and to the maximum extent permitted by law we will not be liable for any direct, indirect, incidental, consequential or punitive damages or other loss suffered by you and relating to the use or release of your personal information.

Access, correction and further Information

If you have questions about personal information relating to you or our Privacy Policy, wish to see all the information we have about you, correct any inaccuracies, change your options in relation to the information you wish to receive, or wish to change or update information we hold about you, please contact us at:

Privacy Officer
EMI Music Australia Pty Limited
Locked Bag 5002,
Strawberry Hills NSW 2012
Australia
Phone: +61 2 9320 3000

Any access request may be subject to a reasonable fee to meet our costs in providing these details.