Introduction

Native Tongue is an independent music publisher, with offices in Australia and New Zealand.
Besides acquiring rights to local writers, we also administer the works of overseas writers and catalogues for Australia and New Zealand.

Established in 2003, Native Tongue has built a respected catalogue of local writers. We set out to provide writers with a publishing company dedicated to assisting with the development of their skills as songwriters and composers throughout their careers.

Although we are a small company, we see this is one of our major advantages. It enables us to be far more proactive than our competitors and react quickly to the needs of our clients, whether they be film and television companies, commercial advertisers or the bands of which our writers are members.

We see our role as getting out there and getting things done, working with the band, the management, the record label and the distributor to make things happen.


What we can do for you

Our job is to work with you to help you achieve your goals, as a songwriter and in many cases; an artist. We have a broad network of contacts we can utilise in all areas of the business – record companies, distributors, booking agents, promoters, publicists, radio, etc.

We will work with you, your management and record distributor to maximise sales of your record. You probably have most bases covered but there will always be something we can do to help squeeze those extra sales. It may be that we help a band get on a festival bill, provide advice on obtaining touring grants or come up with that song opportunity in a film that breaks through at the box office – who knows – it’s an ephemeral business and its not always easy pinning down where things will come from.

If you are looking to place songs with other artists we have a worldwide network of contacts who work songs on that basis. If you want to co-write we will work with you to develop connections with writers you want to work with. If you want to compose film or television scores we are ideally placed to help you realise these ambitions.

We get out there and do the hard yards wherever it is required.


Internationally

We have over the years developed publishing relationships internationally and through our music supervision business have come to know those companies who work particularly hard gaining sync licenses and pursuing the ancillary income that is available around the world. We have also established a network of international sub-publishers to administer our works around the world. In each case our sub-publishers are established independents with a long term track record of working within their own territory.

Native Tongue also enjoys strong relationships with all the major US, UK, Canadian and European music supervisors and can submit clients works for use in a wide range of projects around the world.

We are also one of the only publishers with offices and staff on the ground in Australia and New Zealand enabling us to fully represent your copyrights in the key markets in our home territory.


Privacy Policy

NATIVE TONGUE MUSIC PUBLISHING PTY LTD
PRIVACY POLICY

This Privacy Policy (Privacy Policy) relates to all personal information collected, held, used and disclosed by or on behalf of Native Tongue Music Publishing Pty Ltd and/or Native Tongue Music Publishing Ltd (collectively, Native Tongue, we, our, or us, as applicable). It covers all personal information (including any Personal Data as defined herein) that we collect from you, or that you provide to us, through the website given by www.nativetongue.com.au (the Website), any social media sites we operate or control, and the products, services, applications, features or content that we may offer from time to time, (collectively, the Services). This Privacy Policy applies to all personal information that we collect from you or that you provide to us for the purposes of an agreement between you and us or otherwise.

We are committed to respecting the privacy of your personal information. The Privacy Act 1988 (Cth) (Privacy Act) and Australian Privacy Principles (Privacy Principles) (or the Privacy Act 1993 for our users in New Zealand), governs the collection, storage, use, and disclosure of information by which individuals may be identified. This Privacy Policy sets out how we comply with the Privacy Act regarding the collection, use, storage, sharing and protection of your information and data. We also comply with the EU General Data Protection Regulation 2016/679 (GDPR).

By using the Services, you consent to our collection, use, storage, deletion, and disclosure of information relating to you but always subject to the terms set out in this Privacy Policy. If you do not agree with the Privacy Policy, you may not, under any circumstances or for any reason, use the Website or access the Services. Any use of the Services shall constitute agreement and acceptance of this Privacy Policy. The Services are not intended for use or access by children under the age of 13. We do not knowingly collect or maintain any personal information or non-personally-identifiable information from anyone under the age of 13.

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICES.

IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY POLICY, PLEASE DO NOT INSTALL, ACCESS OR USE THE SERVICES.

IT IS YOUR RESPONSIBILITY TO ENSURE THE INFORMATION PROVIDED BY YOU IS TRUE, ACCURATE AND COMPLETE. YOU WARRANT THAT THE INFORMATION PROVIDED BY YOU IS TRUE, ACCURATE AND COMPLETE, AND YOU AGREE, AT ALL TIMES, TO KEEP IT THAT WAY. WE SHALL HAVE NO LIABILITY TO YOU ARISING FROM THE FAILURE BY YOU TO MAINTAIN THE ACCURACY OF YOUR INFORMATION.

THE INFORMATION WE COLLECT
We may collect and store the following information –

Personal Information and Personal Data
‘Personal Information’ means information that can be used to personally identify you, such as your name, date of birth, address, telephone number, email address, user ID or payment details. We collect personal information when you use the Website, access the Services, or when you otherwise enter into an agreement with us.

‘Usage Information’ means anonymous aggregate data that is automatically collected through your use of the Services. This includes information that identifies your device, your operating system, your IP address and the dates and times that you access and use the Services. This information is used to aid us in resolving any technical issues that may arise, or for statistical analysis to help us to improve the Services to the benefit of all users.

The GDPR recognises that Usage Information, whilst for the most part anonymous, can be cumulatively used to directly or indirectly identify you. Usage Information that can be used to identify you in any way, together with your Personal Information, shall collectively be referred to in this privacy policy as ‘Personal Data’.

‘Sensitive Information’ is a subset of personal information and includes:
– information or an opinion (that is also personal information) about an individual’s:
• racial or ethnic origin;
• political opinions;
• membership of a political association;
• religious beliefs or affiliations;
• philosophical beliefs;
• membership of a professional or trade association;
• membership of a trade union;
• sexual orientation or practices; or
• criminal record.
– health information about an individual;
– genetic information (that is not otherwise health information);
– biometric information that is to be used for the purpose of automated biometric verification or biometric identification, or biometric templates.
We don’t collect sensitive information from you unless you choose to give it to us.

Collection of your Personal Data
We may collect Personal Data from you for the purposes of a commercial relationship between you and us. We may also collect Personal Data you provide us when you fill our forms on our Website; correspond with us via phone, email or otherwise; create an account on our Website or otherwise register for access to the Services; participate in discussion boards or other social media functions connected with the Services; or enter into a competition, promotion or survey that we may operate from time to time.

If you are a Native Tongue artist or songwriter, or a third-party publisher whose catalogue is represented by Native Tongue (Third Party Publisher) then information needed to calculate and present royalty data within your account on the Website or otherwise will be obtained from you and stored by us as part of your agreement with Native Tongue. This information may also be provided to our third-party service providers (Third Party Service Providers) in accordance with the terms of this Privacy Policy.

The kinds of Personal Data that we may hold and collect include:
– certain information that can be used to identify and contact you such as your username, password, name, email address, date of birth, gender, address, postal code, and country;
– contact details, banking details, and other information of potential Native Tongue artists, songwriters, and Third Party Publishers;
– contact details for the people we deal with at organisations or other businesses with which Native Tongue has a business relationship.

If you are a Native Tongue artist or songwriter, or Third Party Publisher, we may collect and hold additional Personal Data including as relevant:
– your name, pseudonym, telephone numbers, email addresses, address, gender, address, postal code, and country, and date of birth;
– evidence of your identity (i.e. copy of a driver’s licence or passport);
– your business information including your business name and/or company name, ABN, ACN, GST and other tax information;
– your signature;
– your banking details;
– music copyright information;
– photographs of you and your biographical information;
– contractual information with respect to Native Tongue artists or songwriters;
– other information for our business purposes, which is reasonably necessary for, or directly related to, our functions or activities.

If you are a Native Tongue artist or songwriter, or Third Party Publisher, Native Tongue may collect information about you from third parties for the purposes of fulfilling our agreement with you. If you are providing us with information about other individuals, you must tell those individuals and let them know where they can find a copy of this Privacy Policy.

It is your responsibility to ensure the information provided by you is true, accurate and complete. You warrant that the information provided by you is true, accurate and complete, and you agree, at all times, to keep it that way. We shall have no liability to you arising from the failure by you to provide and maintain the accuracy of your information.

Usage, log data & Cookies
We keep track of your interaction with the Services by the use of cookies. Our software automatically records information that your browser sends whenever you access the Services. The information recorded includes your Internet Protocol address (IP address), your cookie ID, your browser type and version, which aspects of the Services you use and when and how long you use them for. These are the types of cookies we may use to operate the Website:

Strictly Necessary Cookies – these cookies are essential to making sure the Website works correctly, and record information that allows you to move around the Website and navigate its features;
Performance Cookies – these cookies collect information about how you use the Website, such as how often you access the Website and if you encounter any errors;
Functionality Cookies – these cookies allow the Website to remember the choices you make to provide a more personalised experience;

We may also utilise cookies provided by Google, Inc (Google) to help analyse how users use the Website, known as Google Analytics. To opt-out of analysis by Google Analytics on the Website, please visit http://tools.google.com/dlpage/gaoptout. The information generated by these cookies is transmitted and stored by Google on servers in the United States.

Cookies can stay on your device temporarily (Session Cookies) or until you manually delete them (Persistent Cookies). Data collected by cookies does not identify you, but it does identify your device. Where such data can be cumulatively used to personally identify you, we will seek your consent to collect and process such information.

Depending on your device, you may be able to change your settings to notify you when a cookie is issued, or reject cookies, however if you choose to reject cookies we cannot guarantee the functionality of the Services.

For more information on how cookies work, and how to manage cookies on your device, please visit http://www.allaboutcookies.org/.

Where we Collect Your Information
There are places within the Services where you can choose to give us Personal Information, such as:
– Forms filled out on the Website;
– Subscribing to receive emails from us or other electronic direct marketing;
– Participation in discussion boards or other social media functions on the Website or otherwise within the Services;
– If you lodge a complaint, make a comment, or give feedback to us, we collect your email address and sometimes other contact details. We may use your email address to respond to you.

For clarity, if you are a Native Tongue artist or songwriter, and the Services pertain to royalty payments and your commercial relationship with us, then we may also use Personal Information collected from the Website (or already collected as part of your agreement with Native Tongue) to facilitate royalty payments, register your copyright pursuant to Native Tongue’s management of its commercial relationship with you and as otherwise as agreed in your artist or music publishing agreement with Native Tongue.

HOW WE USE YOUR INFORMATION
We may use and disclose your Personal Data for the purposes for which it has been collected, or for any other purposes to which you have consented. You may give us your consent expressly, or it may be implied by your conduct. Subject to the requirements of the Privacy Principles, if you would reasonably expect that the information be used or disclosed for another purpose, we may also use or disclose it for that purpose.

We additionally use the information collected by us to:
1. help us respond to your queries and provide information on any Native Tongue artists or writers;
2. to carry out our obligation arising from any agreement entered into between you and us including in order to make a payment to you, register copyrights owned or controlled by you or collecting royalties and other income on your behalf;
3. ensure technical functioning of the Services, develop new products and services, and analyse your use of the Services, including your interaction with applications, advertising, products, and services that are made available, linked to, or offered through the Services;
4. send you emails and/or messages to update you about the Services, any changes to this Privacy Policy, as well as any updates or issues relating to the Services;
5. communicate with you for promotional purposes via emails, notifications, or other messages, consistent with any permissions you may have communicated to us;
6. respond to or confirm any requests submitted by you to our customer service department;
7. notify you and warn you of any inappropriate conduct;
8. to enforce this Privacy Policy, or and any other terms that you have agreed to, any terms under any other agreement existing between you and us;
9. as otherwise stated in this Privacy Policy.

We will share certain information with third parties, including with Third Party Service Providers in accordance with the terms set out herein. For example, where you are a Native Tongue artist or songwriter, or a Third Party Publisher we may be required to share your personal information with ‘APRA AMCOS’ (APRA AMCOS) and other performing rights organisations and collecting societies in order to register your music copyright information or collect royalties on your behalf.

Others
We may, under certain circumstances, also share your Personal Data if:
– such action is reasonably necessary to satisfy any applicable law, regulation, legal process, court order or otherwise as requested or required by law enforcement or government authorities;
– such action is appropriate in accordance with any agreement between you and us;
– such action is appropriate to enforce the terms of any agreement between you and us, including any investigation of potential violations thereof;
– such action is necessary to detect, prevent or otherwise address fraud, security or technical issues associated with the Services;
– such action is appropriate to protect the rights, property or safety of our business, its employees, users of the Services;
– we wish to inform business partners about use of the Services in the form of aggregated statistics or otherwise in a format which does not identify your identity; or
– We are in the course of negotiating or conducting a merger, acquisition, or sale of all or a portion of our assets.

WE WILL NOT SELL, RENT, OR LICENCE YOUR EMAIL ADDRESS OR ANY OF YOUR PERSONAL INFORMATION UNLESS OTHERWISE PROVIDED FOR IN THIS PRIVACY POLICY OR WITHOUT YOUR CONSENT.

Managing your Subscriptions and Notifications
You may be asked to opt-in to receive any emails, mailings or other announcements from us that we may offer from time to time. If you choose to opt-in to receive communications from us, you may, at any point you are no longer interested in receiving any emails, mailings or other announcements from us, unsubscribe from the receipt of such communications by clicking on the specified link in any given email communication or by amending the notification settings in your account.

You confirm that certain non-marketing related correspondence from us, including, where relevant, messages relating to your artist or writer agreement or other commercial agreement with Native Tongue, will be automatically received by you by virtue of your agreement with Native Tongue and you will not have the option to opt-in in order to receive this correspondence.

Please note that you may not be able to unsubscribe from certain other non-marketing related correspondence from us, including messages relating to your account and your use of the Services.

Controlling your Information
You have the right to access, update and correct any inaccuracies in your Personal Data. You may request, access, update, and correct any inaccuracies in your personal information that we control by contacting us directly at accounts@nativetongue.com.au. In order to protect your privacy and security, we take all reasonable steps (such as the request of a password or confirmation of certain information) to verify your identity before granting you access or allowing you to make any updates or corrections to your information.

Who we share your data with
Where you are a Native Tongue artist or songwriter, or a Third Party Publisher, you consent to our disclosure of personal information about you to, or collect personal information about you from APRA AMCOS and other performing rights associations and collecting societies or other third party sources where appropriate. You can view APRA AMCOS’s privacy policy here: http://apraamcos.com.au/privacy-policy/. The privacy policies of any other performing rights associations and collecting societies will be made available to you upon request.

We may, from time to time, share statistical and demographical information about our users and their use of the Services with advertisement suppliers and potential affiliate partners. We may also disclose and otherwise use non-personally identifiable information about users. None of the above would include anything that could be used to personally identify you or to discover individual information about you.

Third Party Service Providers
We may, from time to time, use Third Party Service Providers to assist us with managing certain aspects of the Services, facilitate our business, manage communications with you, or otherwise provide support to us in connection with the Services, including, where relevant, to help facilitate the performance of any agreement between us and you. While the identity of the Third Party Service Providers may change from time to time, they may include:
– Organisations that provide communication services on our behalf;
– Advisers that have been engaged by Native Tongue to provide legal, administrative, financial or other services;
– Information Technology services providers.

We encourage Third Party Service Providers to adopt similar provisions to this Privacy Policy, and to maintain reasonable security measures. However, we are not responsible for any Third Party Service Providers’ collection and use of your personal information and usage data. Please refer to the privacy policies and statements of other such third parties to obtain information regarding their information collection, use and disclosure policies, which you can review at the following links current as of 8th September 2020.

• We use ‘Vistex’ (Vistex) to host our copyright database and royalty accountings on their licensed ‘Music Maestro’ platform. We access our copyright database and royalty accountings through ‘Citrix’ (Citrix Receiver) a secure virtual private network and application visualisation software. You can view Vistex’s privacy policy here: https://www.vistex.com/privacy-policy/ and Citrix’s privacy policy here: https://www.citrix.com/en-au/about/legal/privacy/

• We use ‘DISCO’ (DISCO) to store and service our music files and our royalty files. We provide secure links to DISCO to relevant parties such that they may view information relevant to our representation of their material and download such information upon information from us to do so. You can view DISCO’s privacy policy here: https://disco.ac/security.

• We also use DISCO to store personal information including names and email addresses. We use DISCO to send our email newsletters to parties who have opted-in to receive any emails, mailings or other announcements from us, and to send certain non-marketing related correspondence including secure DISCO links.

• We use ‘Google‘ (Google) to provide email, word processing, spreadsheet, & presentation services through ‘G Suite’ (G Suite). G Suite documents are used and shared internally by Native Tongue employees. You can view Google’s privacy policy here: https://policies.google.com/privacy?hl=en-US

• We use ‘Slack’ (Slack) and ‘Zoom’ (Zoom) to communicate using instant messaging, video calling, conference calling and sharing files and information. Both Slack and Zoom provide secure links/channels to communicate this information. You can view Slack’s privacy policy here: https://slack.com/intl/en-au/privacy-policy and Zoom’s privacy policy here: https://zoom.us/privacy

• We use ‘Daylite’ (Daylite) customer relationship management software to assist with contact and opportunity management. Daylite. Daylite connects with our email, contact management and calendar software/applications. You can view Daylite’s privacy policy here: https://www.marketcircle.com/privacy

We do not have access to, or control over, the technologies that these Third Party Service Providers may use to collect information about your interests. We disclaim all liability in connection with the services of these Third Party Service Providers. If you have any concerns about any Third Party Service Provider, we encourage you to reach out to them directly via the links supplied above.

Third Party Links
We may display advertisements from third parties and other content that links to third party websites and third-party applications. When you click on a third-party link displayed on the Website or otherwise accessed via the Services, our Privacy Policy will no longer apply, and you agree to accept and abide by the applicable privacy provisions of such third-party services. We cannot control or be held responsible for third parties’ privacy practices and content, so please read their privacy policies to find out how they collect and process your personal information and usage data.

Investigations
You hereby grant us and our representatives the right to access your account and records as may be necessary to investigate any use of the Services including, but not limited to, alleged violations of applicable laws and regulations, abuse and/or harassment.

Security
Your Personal Data which is provided to us is stored on servers with restricted access and which are protected by protocols and procedures designed to enhance the security of information. We restrict access of personal information to our employees, independent contractors, and agents to those who may need to know this information in order to develop, operate and maintain the Services. All our personnel who may have access to your personal information are trained and educated about our Privacy Policy. Your personal information may be processed and stored, transferred or accessed by entities around the world as described in this Privacy Policy. We will take steps to ensure that your personal information is treated securely and in accordance with this Privacy Policy.

No security measures are, however, 100% secure so we cannot guarantee the security of your information or data at any time. To the extent permitted by law, we accept no liability for any breach of security, or direct hacking of our security measures, or any unintentional disclosure, loss or misuse of any information or data or for the actions of any third parties that may obtain any information or data.

Notwithstanding the above, we acknowledge our obligation to report any data breach that is likely to risk the rights and freedoms of natural persons to the Australian Information Commissioner, the New Zealand Privacy Commissioner and, where our data breach involves the information of EU citizens, report to the European Data Protection Supervisor. We will also inform you, where possible, if your data has been breached in the circumstance where it poses a risk of serious harm or your rights and freedoms.

Users Based in the European Economic Area
We process your information for the purposes set out in this Privacy Policy, as described above. Our legal basis to process Personal Data includes processing that is: necessary for the performance of the agreement between you and us (for example, to provide you with the services you request and to identify and authenticate you so you may use the Website); necessary to comply with legal requirements (for example, to comply with applicable accounting rules and to make mandatory disclosures to law enforcement); necessary for our legitimate interests (for example, to manage our relationship with you and to improve the Website); and based on consent by our customers (for example, to communicate with you about our products and services and provide you with marketing information), which may subsequently be withdrawn at any time (by using preference settings in emails or on our Website, or emailing us as set out below) without affecting the lawfulness of processing based on consent before its withdrawal.

In accordance with the GDPR, we acknowledge the right of EU subjects to:
– have their data erased that is no longer being used for a legitimate purpose;
– request a copy of all Personal Data held about you by us in a readable format; and
– request restricted processing of your Personal Data whilst any complaints or concerns are being resolved.

To erase, request or restrict processing of your Personal Data, please email our privacy office at accounts@nativetongue.com.au.

Changes to Privacy Policy
We may, from time to time and in our sole discretion, make changes to this Privacy Policy and the way we store and collect Personal Data, so please make sure that you check the Privacy Policy on a regular basis. We will provide notification on our Website of any material changes made to this Privacy Policy however we shall have no obligation to provide you with individual notice of any changes. If you do not agree with any variations to the Privacy Policy, you may not continue to access the Website or otherwise use the Services. Your continued use of the Services following the publication of any amended Privacy Policy by us shall signify your acceptance of any amended Privacy Policy.

Questions?
If you have any questions regarding our Privacy Policy, or our handling of your Personal Data, you can reach our privacy officer at accounts@nativetongue.com.au.

If you are not satisfied with our handling of your Personal Data, or have any other concern over our Privacy Policy, then you may lodge a formal complaint with the Office of the Australian Information Commissioner (for more information, please see www.oaic.gov.au), the New Zealand Privacy Officer (for more information, please see https://www.privacy.org.nz) or with the European Data Protection Supervisor (for more information, please see https://edps.europa.eu).