EMI PRIVACY POLICY

EMI Music Australia Pty Limited (ABN 24 000 070 235) of 98-100 Glover Street, Cremorne NSW 2090, Australia (“‘EMI”, “us” or “we”) is committed to protecting your privacy and strictly adheres to the National Privacy Principles and the Privacy Act 1988 (Cth). This Privacy Policy was most recently updated on 28 September 2008.

In conjunction with any terms and conditions contained on our websites musichead.com.au and musicheadmp3.com.au (the “Websites”), this Privacy Policy sets out the basis on which we will collect, store, use and disclose any personal information you provide. Please read it carefully.

By visiting either of the Websites, you are accepting and consenting to the practices described in this Privacy Policy which may be amended from time to time. If you use either of the Websites after we have published any changes to the Privacy Policy, you will be agreeing to be bound by those changes. If you do not agree to be bound by this Privacy Policy at any time, you should not use the Websites.

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.

What we collect and why

When you use the Websites, there are different ways that personal information about you is gathered by us, 7digital Media Limited (who manage our digital download store at www.musicheadmp3.com.au) and other third parties who assist us to manage the Websites.

• When you register with us, we ask for information such as your name, email address, address and contact details. We 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 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.

• We 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.

• We may hold competitions either on our own or in partnership with one or more of our partners or sponsors, as part of which, we may request contact information from you when you enter. We will use the information you provide to conduct the competitions and for other purposes to which you consent. If we offer competitions with third parties, we may share the information we obtain from you with them. 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 participate in the applicable competition.

• 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 7digital 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.

• 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. 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 an employment or 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 by privacy laws, we may collect, use and disclose such information for the purposes described above.

Cookies and Analysis Tools

• We currently use Google Analytics and Nielsen/NetRatings systems 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 Nielsen/NetRatings 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.

• 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 either of the Websites may use cookies and other technologies in their advertisements for statistical purposes, we have 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.

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 it so it is 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; and
• in the case where you have applied for an employment or work experience opportunity with us, assessing your application and managing your relationship with us.

There are only a limited number of circumstances where we may share some or all information about you that we hold with others; these are set out below.

• With agents such as 7digital and Nielsen/NetRatings who assist us in the service 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.
• 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.
• 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.
• With the EMI Group Companies, recruitment agencies, referees and professional advisors for the purpose of considering you for employment or work experience opportunities with us.
• On your express consent.

So far as possible 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.

How we DO NOT use Personal Information about you

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), in each case to communicate information to you about products, services, offers and other news. We will never send you unsolicited premium rate sms messages (which are sms messages you pay to receive).

You will be given the opportunity to opt-in to receiving 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.

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 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.

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
PO Box 311
Cremorne NSW 2090
Australia
Phone: +61 2 9908 0777
Email Us HR@emimusic.com.au

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