Terms And Conditions

Effective date: April 3, 2023

Introduction

http://www.samro.org.za is SAMRO’s hub for communicating electronically with our affiliated songwriters, composers and music publishers, our licensing customers, music and entertainment industry professionals, and the public. In addition to being an informational resource, www.samro.org.za is an interface through which we efficiently and securely exchange critical information with our customers and affiliates. SAMRO is committed to providing a service that recognizes and protects privacy of all as required by The Protection of Personal Information Act (POPIA) 2000.

SAMRO is a society of composers, lyricists and music publishers. It licenses the use of music for broadcast, public performance and diffusion services and pays the licence fees collected as royalties to the various Rightsholders. Over the past sixty-years SAMRO has built credible international relations as well as a strong presence in the South African music industry for the benefit of its members.

SAMRO can be reached at SAMRO Place, 20 De Korte Street, Braamfontein, 2001, South Africa. We can be reached by telephone at +27 11 712 – 8000 or 0800 247 247 or email: 24-7@samro.org.za. As described more thoroughly below, SAMRO generally owns all of the information collected on http://www.samro.org.za

Information collected and use thereof

SAMRO collects different information from different visitors depending on their use of the website. You should be aware that certain services offered through the website may require personal information about an individual such as name, address, telephone number, identity number, passport number, or birth date, place of birth,  however, we have safeguards in place to protect any such data.

Public Services

For those who use http://www.samro.org.za as an informational/entertainment resource, SAMRO does not generally collect or track any of your personal identifiable information.

SAMRO provides you with the opportunity to register as a user of  www.samro.org.za. SAMRO will use the registration information that you choose to provide solely for the purpose that it is intended for and in most instances your consent will be required as per POPIA requirements.

SAMRO may link to third party websites, and may enter into agreements with third party advertising networks. In these instances the POPIA requirements would become applicable.

SAMRO does not presently share any of the website usage information that we collect with third parties other than as described in this policy. You should be aware, however, that SAMRO may use the services of advertising networks to serve up ads on some of our web pages. Advertising Networks frequently use their own “cookies” in their advertising. Once an advertising network has dropped a “cookie” onto your hard drive, the advertising network has the ability to determine whenever your computer views a web page containing the network’s advertising. The advertising network’s “cookie” may allow them to store your I.P. address in connection with web page usage information, but the network does not collect personally identifiable information about you, such as name, address or other specific information, unless you give it to them.

SAMRO may provide visitors with the ability to register to receive electronic newsletters and other materials. These are opt-in services, which means you can choose whether you want to receive the material or not. SAMRO will use whatever personally identifiable information you provide, such as name and e-mail address, solely for purposes of distributing the materials, in line with POPIA requirements.

Electronic Services

SAMRO has several applications on the website, and will likely continue to develop more in the future. These services often require users to disclose information, some of which may be of a personal nature, in connection with the transaction. Users will have to ensure that they disclose the information within the prescripts of POPIA.

Online Application, Works Notification and Music Returns

The SAMRO website provides our affiliated songwriters, composers, and music publishers with the ability to apply, notify works, and submit music return electronically. SAMRO affiliates will need to enter specific information about themselves and about their musical work(s). All information provided to SAMRO through the electronic services is stored on an internal SAMRO computer which is not accessible to the public. Any such personally identifiable information can be modified at your request.

SAMRO will use this information carry out its services to you and may share such registration information with other organizations, such as foreign performing rights organizations, as necessary in furtherance of our representation of musical works, within the ambits of POPIA.

SAMRO may post some of the information, including song title, writer name(s), and publisher name(s) in a searchable song title database. In addition, SAMRO may use the information for internal development purposes in order to improve the systems. SAMRO may ask you whether you would like SAMRO to facilitate the process of registering your work with other third parties. SAMRO will always disclose the identity of the third party prior to sharing any information. Finally, SAMRO may use aggregated information about the use of the electronic services, such as the number of registrations received, to promote the success of the service.

SAMRO does not presently share any personally identifiable information provided through electronic services with third parties other than as described above without first obtaining your consent.

SAMRO may provide special discount programs on trade magazine subscriptions, various equipment, and other third-party products and services. The personal information that you enter when you take advantage of any of these programs will be provided directly to the third party, and will be subject to the prescripts of POPIA.

Links to Other Websites

SAMRO maintains links to other websites, including those of publishers, foreign performing rights organization, and licensing customers, to help you find additional information in which you may be interested. Please keep in mind that SAMRO is not responsible for the privacy practices of these other websites.

Changes to The Privacy Policy

SAMRO reserves the right to change this policy from time to time to align same to the current legislation. In the event that SAMRO changes this policy, we will immediately update this policy to reflect the changes, and will post the revised policy on the website. If SAMRO wishes to use any personally identifiable information that we have obtained through a website in any manner inconsistent with the policy posted at the time the information was collected, SAMRO will notify users by e-mail and provide the ability to opt-out of such use.

Required Disclosures

In the event that SAMRO is obligated by law to disclose personally identifiable information, such as by court order, or lawful warrant from a law enforcement agency, SAMRO will attempt to notify you of the request so that you will have the opportunity to appear and contest the order or warrant.

Additional Security

In addition to the security measures described above, SAMRO takes additional steps to protect all of the information we collect. Only those SAMRO employees who have a need to access your information will have access to your information. We have informed all employees of our security and privacy practices, and we will update all employees as necessary. SAMRO will undertake to notify any individual who has provided personally identifiable information that may be affected by a breach in security.

Governing law and jurisdiction

These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

In the event of any dispute arising between you and SAMRO, you hereby consent to the non-exclusive jurisdiction of the Johannesburg Central Magistrate’s Court irrespective of the quantum. Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the Consumer Protection Act, 68 of 2008.

Questions or Comments

If you have any additional questions or comments with respect to the security of our website,
please call +27 0800 247 247 or 011 712 – 8000.

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