Transparency

We are not-for-profit, we have no hidden agendas and we are accountable.
This is reflected in everything we do.

Privacy Policy

1. General policy

Audio-Visual Copyright Society Limited trading as Screenrights of Level 1, 140 Myrtle Street, Chippendale, NSW 2008 (ABN 76 003 912 310) (Screenrights) understands the importance of privacy to the public, including its members, users of the Screenrights website at www.screenrights.org, the MyScreenrights Portal at https://my.screenrights.org and any other websites (each a Website, collectively the Websites), products and services that Screenrights operates (each a Service, collectively the Services).

Screenrights will deal with Personal Information in accordance with this policy (the Privacy Policy) and as required by law, including the Australian Privacy Principles (APPs) (available at the website of the Office of the Australian Information Commissioner (available at http://oaic.gov.au/) under the Privacy Act 1988 (Cth).  This Privacy Policy sets out how Screenrights collects, stores, maintains, discloses and protects the Personal Information that you provide to Screenrights from time to time. It also sets out your rights of access to the Personal Information that Screenrights holds about you.

For the purposes of this Privacy Policy 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.

By providing Screenrights with Personal Information, you consent to the use and disclosures described in this Privacy Policy.

This Privacy Policy does not apply to other websites to which the Websites may be linked.

2. Collection of your Personal Information

Screenrights collects Personal Information relating to rightsholders, licensees, media industry professionals and participants and Website and other Service users as part of the normal course of its business.  

Generally, where possible, Screenrights will collect Personal Information directly from you or from persons you have authorised to provide information to us about you. Should you wish to remain completely anonymous, do not log into a Website as you will have identified yourself in doing so and do not provide us with any information that may identify you. Where possible, Screenrights will allow you to use a pseudonym when contributing to our Websites.

In general, the Personal Information that Screenrights collects includes (but is not limited to) names, contact details (including phone numbers and postal and email addresses), financial information (including bank account details for electronic funds transfer payments), lists of registered programs and related entitlement information, details of other relevant memberships or associations and details of relevant licence schemes.  Such information may be collected in the process of membership and Service enquiries, membership and Service applications, Website user enquiries, Website user registrations, use of Websites, email correspondence, notes taken by Screenrights staff of telephone and face-to-face meetings and surveys undertaken by Screenrights or a third party on its behalf for the purposes of gathering user experience information in order to improve our Services and through your interactions with Screenrights which may include entering competitions and through social media.

Sometimes Screenrights may also collect Personal Information such as contact information and entitlement information from third parties such as other rightsholders or a publicly available source, but only if the individual has consented to such collection or would reasonably expect us to collect their Personal Information in this way. This is done for the sole purpose of assisting Screenrights to identify and pay the correct rightsholders, including identifying prospective members with an entitlement to payment.  In such circumstances, as soon as practicable thereafter, Screenrights will take reasonable steps to contact you and provide you with the terms of this Privacy Policy. In limited circumstances, Screenrights may also receive Personal Information about third parties from individuals who contact us and supply us with the Personal Information of others in the documents the individuals provide to us.

Screenrights only collects Personal Information for purposes that are related to Screenrights’ business purposes and only when it is necessary for or directly related to such purposes, which include (without limitation):

  • Providing and administering the Services;
  • Collecting and distributing payments for use of copyright materials;
  • Identifying and locating rightsholders;
  • Confirming payment share entitlements;
  • Assisting members to resolve disputes over entitlements to Screenrights’ royalties;
  • Providing information on the use of copyright material to rightsholders and licensees; and
  • Collecting and distributing funds as a disbursement administration service.
     

3. Information logged and cookies

Apart from any Personal Information that you provide to Screenrights, servers used in Screenrights’ operations may gather information provided by your browser when you visit the Websites. This may include:

  • The date and time of your visit;
  • The pages you access;
  • The content, including videos and documents that you view or download;
  • Browser type;
  • Searches you perform on the Websites;
  • Your server’s Internet Protocol (IP) address; and
  • If you have been referred to the Websites from another website, the address of the referring website.
     

Screenrights Websites may also use “cookie” technology to assist in identifying you and delivering content specific to your interests.  Cookies were originally designed to assist a website to distinguish a user as a prior user, manage the user’s experience and to recall any prior preferences of that user.  A cookie is a small string of text that a site sends to your browser. A cookie cannot retrieve any other data from your hard drive, pass on computer viruses or capture your email address. Cookies are used to enhance a user's visit. For example, cookies can securely store a user's ID and password, personalise home pages, identify previously visited parts of a site and keep track of selections in a “shopping cart”.  If you become a registered user of one of our Websites (with a designated ID and password) Screenrights may use cookies to provide you with personalised information that we feel, based on the preferences you have made when visiting the Website, might be of interest and value to you.

Further, Screenrights Websites may also incorporate an analytics system using a combination of cookies and activity logs to gather information regarding user activity on the Websites. This is collated into both aggregate results and records of individual users. For example, Screenrights Websites incorporate the Google Analytics system to gather statistics about how our Websites are accessed and used. The information generated by the cookie about your use of the Website will be transmitted to and stored by Google on servers located outside of Australia, which may include the United States. No personally identifying information is collected. The use of Google Analytics by Google is subject to the Google Privacy Policy and is not covered by our Privacy Policy.  You can opt out of Google Analytics by using the Google Analytics Opt-out Browser Add-on or set your browser to refuse or delete cookies from Google Analytics.

In relation to the information logged and cookies referred to above, Screenrights gathers such information to monitor usage of our Websites and to understand the Websites’ use and relevance. This enables us to improve and enhance the Websites, to make the Websites more user-friendly and to make the Websites more relevant to users.

From time to time, Screenrights engages independent contractors to perform analytics and related services and in such cases will make all reasonable efforts to ensure that contracts with such independent contractors include an obligation to comply with Australian privacy laws or apply privacy standards that meet or exceed requirements of Australian law.

Additionally, Screenrights may use also use suppliers who also set cookies on our Websites on our behalf in order to deliver the services that they are providing. For example, if Screenrights embeds photos and video content from third party content platforms on the Websites, those third parties may have set cookies relating to that content. If you then share that content, another third party cookie may be set by the service you have chosen to share content through. Screenrights does not control these cookies, and does not block cookies set by third parties in these ways.

4. Use and disclosure

Screenrights will only use Personal Information for the purposes for which it was given to us, or for purposes that are directly related to one of our functions or activities.

Screenrights may use and disclose your Personal Information in order to provide Services to you and to improve the Services that it offers generally and may use your Personal Information to contact you for these purposes, including to advise you of any issues relating to programs in which you have or may have a copyright or payment interest and to inform you of upcoming events and other sites or publications which we reasonably believe may be of interest to you.

Screenrights may also use and disclose your Personal Information to help it assess and survey the ways in which users use the Services. To the extent that it is reasonably practicable, this information will be de-identified so that you are not personally identifiable in the results of any such assessment or survey.

Any financial information such as bank account details that you provide will be used solely for the purpose for which they are provided, for example making royalty or disbursement payments to you. Screenrights will not sell, share, rent or receive payment for licensing or disclosing your Personal Information.

Screenrights may, from time to time, send marketing material to you that it considers useful including newsletters. Screenrights may also send you material about its activities. If you do not wish to receive this information, you can let Screenrights know by unsubscribing as described below. This does not apply to information that Screenrights is legally required to send or information regarding the rights or obligations of its members.

Generally, Screenrights must get your consent before it discloses any of your Personal Information. You may give your consent expressly or it may be implied by your conduct.

Depending on the Service that you have requested or otherwise engaged with, your Personal Information may be disclosed to:

  • External service providers who assist us in providing and administering the Services, competitions, events and promotions, including third party suppliers, contractors and data storage providers;
  • Overseas and local collecting societies that collect and distribute royalties for film and related rights and with which Screenrights has reciprocal arrangements;
  • Specialist advisers who have been engaged to provide Screenrights with legal, administrative, financial, insurance, research, marketing or other services;
  • Other rightsholders, their agents, external mediators or experts for the purpose of resolving or assisting in the resolution of disputes between members in accordance with the Screenrights membership agreement;
  • Third party research companies to conduct surveys about Screenrights’ Services to you. Participation in such surveys is optional;
  • Independent auditors engaged to audit Screenrights’ operational practices; and
  • Any other person authorised by you or specified by you, such as your agent or manager.
     

There will, of course, be times when it will be necessary for Screenrights to disclose your Personal Information to third parties without your consent. For instance, where it is required or authorised to do so by law, law enforcement bodies or otherwise permitted by law under APP 6.

5.  International transfers

Screenrights may disclose your Personal Information to third parties located overseas, specifically in the United States and Luxembourg, who provide online survey and email management services to us. Further, in order to provide Services to you, Screenrights sometimes works with other collecting societies, copyright owners and their agents and licensees located globally. It may be necessary to transfer Personal Information we collect from you internationally in order to provide those Services.  In such case, Personal Information will only be disclosed by us to a recipient located overseas in two circumstances: (i) in relation to the International Service where you have appointed Screenrights as agent to collect royalties from collecting societies located in various territories around the world (most likely to disclosed to a recipient located in Switzerland, Germany, Austria, Spain, Netherlands, Canada or the United States); and (ii) in relation to any of Screenrights’ collection Services where a third party makes a claim to the same amount of royalties (most likely disclosed to a recipient based in the United Kingdom, United States, New Zealand, Canada or France). Otherwise, Screenrights will not usually disclose your Personal Information overseas, but if we do we will notify you at the time. For example, where a partner or sponsor of a competition run by Screenrights is located overseas, Screenrights may transfer Personal Information we collect from you to their location, the countries of which may vary.  If we do this, we will notify you of the location at the time you enter into the competition.  Privacy laws in Australia guide our privacy practices. The privacy laws of other countries may not be as comprehensive or equivalent to those in Australia. By using the Services, you consent to the collection, international transfer, storage, and processing of your Personal Information as set forth in this Privacy Policy and any other privacy notice provided at the time the Personal Information is collected.

6.  Storage and Security of your Personal Information

Screenrights takes all reasonable steps to protect your Personal Information from loss, unauthorised access, modification, disclosure or other misuse. This includes: using electronic access restrictions for electronic files that contain Personal Information, securing paper files containing Personal Information and physical access restrictions to files containing Personal Information. Where Screenrights stores your Personal Information with a third party data storage provider, we require them to keep it secure and only use or disclose it for the purpose for which it was provided.

7. Accessing and Updating your Personal Information

Whenever it is possible, Screenrights will provide you with access to the Personal Information that Screenrights holds about you to ensure that is accurate, complete and up to date. If your Personal Information is not accurate, complete or up to date and you cannot access or update your Personal Information, please inform the Screenrights Privacy Officer using the Contact details set out below and Screenrights will take all reasonable steps to correct the information.

8. Direct Marketing Communications and Opting Out

Screenrights may, from time to time, send direct marketing communications to you about its activities and other material that it considers you would find useful.  If you do not wish to receive such direct marketing communications, you can contact Screenrights and Screenrights will endeavour to meet your request in a timely manner.

Screenrights Services and communications with you may also contain specific methods to opt out of direct marketing material sent via the particular Service or communication.

If you choose opt out of all direct marketing communications, please note that Screenrights may still contact you for other reasonable purposes, including information that Screenrights is legally required to send and information regarding the rights, benefits or obligations of users of Services.

9. Contact details

If you require any further information or have any questions or comments about this Privacy Policy or if you wish to access or correct your Personal Information or make a complaint about our handling of that information, please contact the Screenrights Privacy Officer as follows:

Email: privacy@screenrights.org

Telephone: +61 2 9904 0133
Facsimile: +61 2 9904 0498

Postal Address: The Privacy Officer, Screenrights, PO Box 853, Broadway NSW 2007 Australia

10. Complaints Handling Procedure

Any complaint about handling of Personal Information will be dealt with in accordance with the following Screenrights Privacy Complaints Handling Procedure:

  • If you think that an act or practice of Screenrights has interfered with your privacy in relation to Personal Information you may make a complaint to Screenrights. 
  • The complaint must identify you and be in written form and addressed to the Screenrights Privacy Officer.
  • The Screenrights Privacy Officer will investigate your complaint and will endeavour to provide a response setting out Screenrights’ decision in writing within 30 days of receipt of your complaint.
  • If Screenrights is unable to satisfactorily resolve your concerns you can contact the Office of the Australian Information Commissioner.
     

11. Changes to this Privacy Policy

Screenrights may amend this Privacy Policy by substituting amended terms and posting it on the Websites. Any such amendment will be effective upon notification to you by any means.  At a minimum, notice will be given by posting a notice on the Websites to the effect that the Privacy Policy has changed.  In any event, continued use of any Website following those amendments constitutes acceptance of the revised Privacy Policy in relation to the Services.

 

~ March 2014