IMRO PRIVACY STATEMENT
Your Personal Data is important to you and protecting it and your privacy is a priority for us.
This Privacy Statement explains how we use your personal data and your rights in relation to that data, such rights being set out in the General Data Protection Regulation (GDPR) and the Irish Data Protection Act 2018 (together referred to herein as the “DPA”).
We use the expression “Personal Data” throughout this document. This means any information relating to an identified or identifiable individual. It includes any information that can identify you e.g. your name, address, phone number, IMRO Account Number, IMRO Member Number. etc;
Our Data Protection Officer can be contacted at firstname.lastname@example.org
WHO WE ARE & WHO WE WORK WITH
We are the Irish Music Rights Organisation CLG (“IMRO”, “we” or “us”) with company number 13321 and a registered business address at Copyright House, Pembroke Row, Lower Baggot Street, Dublin 2 D02 HW59.
IMRO is committed to protecting and respecting your privacy. For this reason, we have set out in this document information on the data we collect and process.
IMRO’s role is to ensure that music creators get paid when their songs are performed in public, included in a broadcast or cable programme service, or made available online. We collect and distribute royalties on behalf of those who own the copyright in musical works and as such collect royalties within Ireland on behalf of our own songwriter, composer and music publisher members (“Members”) and on behalf of members of the international overseas societies with whom we are affiliated (“Affiliate Societies”). We are also actively involved in the sponsorship and promotion of music in Ireland. IMRO is a registered Licensing Body under the Copyright and Related Rights Act 2000 as amended by the Copyright and Related Rights (Amendment) Act, 2004 and the Copyright and Related Rights (Amendment) Act, 2007 (together, the “Copyright Acts”) and grants a licence to users of musical works on behalf of the composers, authors and publishers of those works. IMRO is the data controller of personal data that it collects for its own business purposes.
We also administer on an agency basis:
- the licensing of the copyright in the sound recording of musical works on behalf of Phonographic Performance (Ireland) CLG (PPI); and,
- the administration of the reproduction copyright in musical works on behalf of Mechanical Copyright Protection Society Limited (MCPS) in conjunction with Mechanical Copyright Protection Society (Ireland) Limited (MCPSI).
OUR ROLE AS A DATA CONTROLLER
A data controller is someone who alone or jointly with others, determines the purposes and means of the processing of personal data. Accordingly, IMRO may hold some of your personal data in a data controller capacity. The type of personal data for which IMRO is a data controller, in addition to how and why that personal data is used, is outlined below.
OUR ROLE AS A JOINT DATA CONTROLLER WITH AFFILIATE SOCIETIES, CISAC, PPI AND MCPS/MCPSI
In relation to any processing activity, it is possible for more than one entity to be the Data Controller (on the basis that more than one entity may make decisions about the purposes for which, and means by which, such personal data is processed). Where two or more controllers jointly determine the purposes and means of the processing of personal data, they are joint controllers. Joint controllers must apportion data protection compliance responsibilities between themselves. A summary of such arrangements regarding the apportioning of data must be made available to Data Subjects, and IMRO’s arrangements in that regard can be summarised as follows:
Affiliate Societies & CISAC
IMRO is a membership based Collective Management Organisation (CMO), made up of songwriters, composers and music publishers (“Members”). As a result of Reciprocal Agreements entered into with Affiliate Societies, IMRO is in a position to licence music users (“Licensees”) for the use of the worldwide repertoire in Ireland. Likewise, those Affiliate Societies licence the use of the repertoire of IMRO Members in their home territories.
IMRO and its Affiliate Societies are members of CISAC. CISAC (www.cisac.org) – the International Confederation of Societies of Authors and Composers – is the world’s leading network of authors societies. CISAC protects the rights and promotes the interests of creators worldwide. Through IMRO’s membership of CISAC and via Reciprocal Agreements with one another, IMRO and its Affiliate Societies around the world are in a position to seamlessly represent creators across the globe, thus ensuring that royalties flow to authors for the use of their works anywhere in the world.
To facilitate this worldwide licensing of our repertoire, IMRO shares its Members Personal and works information. Affiliate Societies share likewise with IMRO. This information is shared using central database tools that are operated by CISAC or Affiliate Societies on the instructions of CISAC or Affiliate Societies themselves
IMRO and PPI agree that in relation to Personal Data the processing of which is jointly determined by IMRO and PPI, they are joint data controllers and when IMRO is processing Personal Data on PPI’s behalf, PPI will be the data controller and IMRO will be the data processor.
IMRO and MCPS/MCPSI agree that in relation to Personal Data the processing of which is jointly determined by IMRO and MCPS/MCPSI, they are joint data controllers and when IMRO is processing Personal Data on MCPS/MCPSI’s behalf, MCPS/MCPSI will be the data controllers and IMRO will be the data processor.
OUR ROLE AS A DATA PROCESSOR
A data processor is someone who processes personal data on behalf of a Data Controller. Accordingly, IMRO is a data processor for PPI and MCPS/MCPSI in respect of the obligations it performs under the Agency Agreements with these organisations.
WHO PPI ARE & OUR ROLE AS REGARDS PPI
PPI licences and distributes royalties on behalf of those who own the copyright in the sound recording of musical works.
Since the 1st of January 2016, IMRO administers the licensing and collection of music royalties for PPI, as PPI’s agent. PPI and IMRO administer two different copyrights and accordingly, separate royalties must be paid in relation to both copyrights. PPI is the licensing body that grants permission to users of recorded musical works on behalf of record producers (being PPI’s members) and shares the royalties arising thereon with performers. PPI’s address is 63 Patrick Street, Dun Laoghaire, Co. Dublin.
As part of our appointment as agent for PPI and in order for us to perform those agency services, PPI and IMRO share information relating to their music users, including the Licensees name, postal address, e-mail address, phone number and details of music performance particulars. We continually update that information and collect further information relating to PPI Licensees as part of our services to PPI (together the “PPI Information”). To the extent that PPI Information contains any personal data, PPI is the data controller of such data for purposes of the DPA and we are the data processor.
We use PPI Information on behalf of PPI to:
- issue PPI licences;
- administer PPI licences and to collect PPI licence royalties;
- to carry out PPI’s obligations under PPI licences on its behalf and, where required (and in conjunction with PPI), to enforce and defend PPI’s rights under those licences and to collect associated royalties;
- to respond to any queries or other communications relating to PPI licences that you submit to us;
- to notify you about changes to PPI’s tariffs; and
- for direct marketing purposes, where appropriate.
WHO MCPS/MCPSI ARE & OUR ROLE AS REGARDS MCPS/MCPSI
MCPS is the licensing body that grants permission on behalf of composers, songwriters and music publishers, for the reproduction of their music. Its address is 2 Pancreas Square, London N1C 4AG, United Kingdom.
MCPS, in conjunction with MCPSI, appointed IMRO as its sub agent to perform specific services on its behalf, and as part of our appointment and in order for us to perform those services, MCPS provided us with information relating to its Licensees, including the Licensees name, postal address, e-mail address, phone number and details of performance particulars and we have since then updated that information and collected further information relating to MCPS Licensees as part of our services to MCPS (together the “MCPS Information”). To the extent that MCPS Information contains any personal data, MCPS is the data controller of such data for purposes of the DPA and we are the data processor.
We use MCPS Information on behalf of MCPS and MCPSI to:
- issue MCPS licences;
- administer MCPS licences and associated accounts and to collect royalties thereon;
- administer IMRO/MCPS joint licences and associated accounts and to collect IMRO/MCPS licence royalties;
- to carry out MCPS’s obligations under MCPS and IMRO/MCPS licences on its behalf and, where required (and in conjunction with MCPS), to enforce and defend MCPS’s rights under those licences, to collect associated royalties;
- to respond to any queries or other communications relating to MCPS licences that you submit to us;
- to notify you about changes to MCPS’s tariffs;
- to administer MCPS memberships; and
- for direct marketing purposes, where appropriate.
Information we collect from you
The information we collect from you reflects the business and contractual relationship between you and us.
We gather personal data through:
- our contractual relationship with you
- our interactions with you, for example via email, post or over the telephone
- your use of our technology such as our website, apps or online services
- publicly available sources such as social media and the Companies Registration Office
We ask that:
- when corresponding with us by phone, e-mail or otherwise, you disclose to us only as much information as is necessary to enable us to provide you with our services or to submit a question/suggestion/comment in relation to our Website or our services; and,
- when completing forms on our Website, you fill in as much information as possible, such as the ‘Contact Us’ form, or the form you complete when you register with us or subscribe to a service or newsletter available via the Website.
As a Music User and Licensee
When you apply for and enter into a Music Licence Contract with IMRO, PPI, or MCPS/MCPSI:
- The information you give us may include the following: your name and/or that of your business colleagues, your business name, postal address, premises name, premises address, the type of establishment constituting the business premises, your position within your business, e-mail address, telephone phone number, IMRO and/or PPI and/or MCPS/MCPSI account number if available, licence details, details of music performance/use particulars (being information relevant to the performance and or use of copyright music, including but not limited to the frequency of performances, name of performers, the nature of performances, box office details, capacity, floor area of the premises, number of seats, number of employees, album details, record producer name and contact details, audio visual producer and contact details, etc.), VAT details, publican licence details, bank details, balance due, transaction history, details of correspondence and interactions with you, and information you may provide to participate in competitions.
- As a Licensee (and in particular if you are a broadcaster, online service provider or concert promoter/venue owner), you are obliged under your Music Licence Contract to advise us of details of all musical works performed, the title of the work, the date and time of such performance, the title of the show on which the work was performed, the duration of the performance work, the performer of the work and any other information as required under your Music Licence Contract.
- When you pay royalties due under your Music Licence Contract, the information you give us may include your IMRO account number, your bank account name, bank account number, IBAN Number, BIC Code, bank name and address, IMRO invoice number, email address, premises name, premises address, contact telephone number and amount of payment. Credit/Debit card details including number, expiry date, security code and cardholder Name will be provided to our online payments processor, Realex Payments. This information provided to Realex is not provided to nor held by IMRO.
As a Member or prospective Member of IMRO or MCPS
- The information you give us may include your name, postal address, e-mail address, telephone number, website, date of birth, country of birth, country of residence, tax residency area, your age, gender, pseudonym, professional name, stage name, band/performer name, publisher name, passport/driving licence details (for identification and verification purposes only), your CAE/IP number, details of music performance particulars (being information relevant to the performance of copyright music, including but not limited to the date of performance, nature of performance, works performed, etc.) and information you may provide to participate in a competition.
You will also provide us with the following details for each of your copyright works:
- title of Work,
- alternative title,
- ownership details of the work including all co-writers/co-owners and their ownership share of the work,
- for each co-writer/co-owner their society affiliation,
- for each co-writer/co-owner their affiliation details for US licensing purpose,
- details regarding the use of the work in Audio visual productions and/or advertising,
- performer details, and
- commercial recording details including recording artist, record Label, and record/catalogue Number.
By applying to work with us
- The type of information you may provide may include your CV, a cover letter, your name, address, e-mail address and contact telephone number. CVs should include information relevant to your employment history and education (qualifications obtained, places worked, positions held, relevant awards, and so forth). We ask that you do not disclose sensitive personal information (e.g. age, gender, height, weight, medical information, religion, philosophical or political beliefs, financial data) in your application.
By replying to a request for the provision of goods or services or solicitation of same
- The information you will give us will include some or all of the following: Your name, business name, postal address, your position within your business, email address, telephone number and details of your application to be considered for the provision of goods or services.
By applying for a travel grant:
- The information you will give us will include some or all of the following: Your name, CAE/IP Number, postal address, email address, telephone number, website details and other personal details regarding your sponsorship application.
By applying for sponsorship:
- The information you will give us will include some or all of the following: Your name, organisation, postal address, email address, telephone number, website details, event details, details of past experience of organising events and amount of sponsorship requested.
By signing up to competition entry
- The information you will give us will include your name, company name, address, business details, email address, telephone number, music use details and proposed music use details alongside any other requested information.
By signing up to a mailing list
- The information you will give us will be your email address.
By Visiting www.imro.ie
By visiting our Website we may automatically collect the following personal information:
- technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, date and time of your access to our Website, the pages on our Website you visit, browser plug-in types and versions, operating system and platform; and
- information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our Website (including date and time), products and / or services you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs) and methods used to browse away from the page.
WHY WE COLLECT THIS INFORMATION
We collect this information in order:
- to perform our contract with you to provide you with our services;
- to comply with our obligations as a Registered Licensing Body under the Copyright Acts;
- to carry out our obligations as a Collective Management Organisation under the European Union (Collective Rights Management) (Directive 2014/26/EU) Regulations 2016;
- to perform our contractual obligations as agent of PPI;
- to perform our contractual obligations as agent of MCPS;
- to perform our obligations to copyright owners in Ireland; and via our reciprocal agreements with Affiliate Societies, our obligations to copyright owners worldwide;
- to comply with Irish and European law;
- to improve our Website;
- to further our legitimate business interests;
- to attract and service Members and Licensees; and
- to recruit staff.
HOW WE USE THIS INFORMATION
- to administer IMRO licenses and IMRO licence accounts and to collect IMRO licence royalties;
- to administer PPI licences on behalf of PPI (see ‘Our role as a data processor for PPI’ above for further details) and to collect PPI licence royalties;
- to administer MCPS Licenses on behalf of MCPS (see ‘Our role as a data processor for MCPS’ above for further details) and to collect MCPS licence royalties;
- to carry out our legal and contractual obligations and enforce and defend our rights arising from any infringement of our rights and/or any contract entered into between you and us, including but not limited to IMRO Music Licence Contracts, and where applicable PPI or MCPS contracts with music users, and including membership agreements entered into with IMRO and MCPS Members;
- to respond to any queries or other communications you submit to us;
- to notify you about changes to the Music Licence Contract;
- for direct marketing purposes, where you have subscribed to receive same, to provide you with information, suggestions and recommendations about our news, events, and goods or services which may interest you. Those communications will provide you with the opportunity to opt out of receiving similar communications in the future. You can also choose to opt out of such future communications by contacting us at IMRO, Copyright House, Pembroke Row, Lower Baggot Street, Dublin 2, D02 HW59 or by email at email@example.com and in each case marked for the attention of the Data Protection Officer, IMRO;
- to communicate with you in order to verify that you have applied to register for access to the Member’s Section of the Website, to verify that you have accessed the Member’s Section using your password or to inform you if you have won a competition; and/or to ensure that content from our Website is presented in the most effective manner for you and for your computer;
- to create a candidate profile for you if you are a prospective employee;
- as part of our efforts to keep our Website safe and secure;
- to allow you to participate in interactive features of our Website when you choose to do so;
- to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and/or
- to monitor the use of the copyrights assigned to us by IMRO Members both in Ireland and abroad.
THE LEGAL BASIS FOR PROCESSING YOUR PERSONAL DATA
The legal basis for the processing of personal data are:
Processing necessary for the performance of a contract which you have entered into with us or to take steps at your request prior to entering into a contract;
- Processing necessary for compliance with a legal obligation to which we are subject;
- Processing necessary in order to protect the vital interests of you or of another natural person;
- Processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us as the controller;
- Processing necessary for the purposes of the legitimate interests which we pursue in providing you with quotes and proposals about our services prior to contract where such interests are not overridden by your interests or fundamental rights or freedoms which require the protection of your information.
- That you have provided consent for the processing for one of more specified purposes such as marketing for example when you subscribe to competitions, event news, etc;
YOUR INFORMATION ON OUR WEBSITE
If you provide us with any information or communication specifically for the purpose of being published on the Website, we may publish this information on the Website without further notice to you. We have no obligation to you to publish or maintain any such information or communication. Any such information or communication will be considered non-confidential and non-proprietary, and by providing us with such information or communication you grant us an irrevocable licence and right to use, copy, store, reproduce, disclose, transmit, publish and distribute to third parties any such material for any purpose (including the right to sub-licence those rights). We will not be responsible or liable for the content or accuracy of any such information or communication. The views expressed by others on or via our Website do not represent the views of IMRO, PPI or MCPS/MCPSI.
IMPLICATIONS OF NOT PROVIDING YOUR PERSONAL DATA
If you do not provide the personal data we need, or help us keep your data up to date, we may not be able to continue to fulfil our membership contract with you and in the case of a music user, we will not be able to grant you a licence to use our repertoire or that of PPI and MCPS.
WHO WE SHARE YOUR INFORMATION WITH
In order for us to fulfil our duties and out contract with you, we must share your information with selected third parties including:
- our business partners, product and services suppliers and sub-contractors such as those third parties providing services to IMRO for example print and distribution services, music monitoring, auditing, legal and tax services, communications to our Members and/or our Licensees, IT solution, support and maintenance, financial and banking services, tracing agencies, professional advisors, ;
- MCPS & MCPSI
- Affiliate Societies & CISAC
- analytics and search engine providers that assist us in the improvement and optimisation of our Website.
WEBSITE ACCESS, PASSWORDS AND TRANSMISSION OF INFORMATION
Where you have chosen (or where we have given you) a password which enables you to access certain parts of our Website, you are responsible for keeping the password confidential. We ask you not to share your password with anyone.
Please be aware that the transmission of information via the internet is not completely secure. Although we will do our best to protect your data, we cannot guarantee the security of your information transmitted to our Website and you transmit that information at your own risk. Once we have received your information, we will apply procedures and use security features to try to prevent unauthorised access.
HOW LONG WE KEEP YOUR INFORMATION
The time periods for which we retain your information depends on the type of information and the purposes for which we use it. We will keep your information for no longer than is required or permitted as per our data retention policy.
TRANSFERRING YOUR PERSONAL DATA OUTSIDE THE EUROPEAN ECONOMIC AREA (“EEA”)
We do not transfer Licensee data outside the EEA. However, if you are a Member of IMRO we may transfer your data outside the EEA.
As a Member of IMRO in managing your copyrights on a worldwide basis it is necessary for us to share some of your Personal Data with our Affiliate Societies around the world. This sharing is done on the basis of signed Reciprocal Agreements between IMRO and each of our Affiliate Societies. These provisions to protect your personal data when it is transferred to such countries will include:
- reliance on an adequacy decision from the European Commission in respect of a particular country relating to the safeguards for personal data in that country, and
- use of European Commission approved Standard Contractual Clauses in any data sharing addendums to the Reciprocal Agreement.
More details in relation to international data transfers and the safeguards which can be implemented can be obtained on the EU Commission website: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu_en
KEEPING YOUR PERSONAL DATA SAFE AND SECURE
We have implemented technical and organisational security measures to protect your personal data when it is being processed and stored by us. To protect your information we have stringent security measures in place that comply with Irish and European standards. These include security and IT safeguards, secure files and buildings.
WHAT ARE YOUR RIGHTS WITH RESPECT TO YOUR INFORMATION
You have the following rights:
- the right to access the information we hold about you;
- the right to require us to rectify any inaccurate information about you without undue delay;
- the right to have us erase any information we hold about you in circumstances such as where it is no longer necessary for us to hold the information for your use of our services;
- if you have given and now wish to withdraw your consent to the processing;
- the right to object to us processing information about you for direct marketing;
- the right to ask us to provide your information to you in a portable format or, where technically feasible, for us to port that information to another provider provided it does not result in a disclosure of information relating to other people; and
- the right to request a restriction of the processing of your information.
Where our processing of your information is based on your consent to such processing, you have the right to withdraw that consent at any time but any processing that we have carried out before you withdrew your consent remains lawful.
You may exercise any of the above rights by writing to IMRO, Copyright House, Pembroke Row, Lower Baggot Street, Dublin 2, D02 HW59 or by email to and in each case marked for the attention of Data Protection Officer, IMRO.
You may lodge a complaint with Data Protection Commission by post to Data Protection Commission, Canal House, Station Road, Portarlington, Co Laois. R32 AP23 or by emailing firstname.lastname@example.org
You have the same rights in relation to your personal data for which any one of PPI or MCPS are the data controller, subject to the same conditions as set out above. If you wish to request a copy of your personal data for which any one of PPI or MCPS are the data controller, please submit that request directly to:
- PPI at 63 Patrick Street, Dun Laoghaire, Co. Dublin or by email to and marked for the attention of Data Protection Officer, PPI.
- MCPS at 8th Floor, 2 Pancreas Square, London N1C 4AG, United Kingdom or by email to email@example.com marked for the attention of Privacy at MPA.
Our Website may, from time to time, contain links to and from other websites. If you follow a link to any of those websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for those websites or policies. Please check the applicable policies before you submit any personal data to those websites.
CHANGES TO THIS PRIVACY STATEMENT
We may from time to time revise this Privacy Statement by amending this page. You will be bound by such revised terms current when you use the Website and you should therefore periodically check this page for any amendments we make. This version of the Privacy Statement is effective from 19th December 2022
HOW CAN YOU CONTACT US
Questions, comments and requests regarding this Privacy Statement are welcomed and should be addressed to IMRO, Copyright House, Pembroke Row, Lower Baggot Street, Dublin 2 , D02 HW59 or by email to firstname.lastname@example.org and in each case marked for the attention of Data Protection Officer, IMRO.