Amendment C323 aims to encourage the provision of arts and creative industry along Sturt Street in Southbank to support the role of the State Significant Melbourne Arts Precinct. Amendment C323 was initiated by Creative Victoria and prepared in collaboration with the City of Melbourne.
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Participate Melbourne
Privacy Policy
This site is owned and operated by the City of Melbourne using software licensed from Harvest Digital Planning (Harvest). For details on how the City of Melbourne collects and protects your personal information, refer to its Privacy Policy below. For details of how Harvest may access personal information, please refer to Harvest’s Privacy Policy.
The City of Melbourne takes the privacy of the participants using this site very seriously.
Our collection, use and disclosure of your personal information is regulated by the Victorian Privacy and Data Protection Act 2014. You can find more information about your privacy rights at the Office of the Victorian Information Commissioner.
This privacy statement applies to Participate Melbourne. For information about the broader collection and use of personal information by the City of Melbourne, please refer to our Privacy Policy.
Site visitor data
Participate Melbourne collects information for statistical and system administration purposes. This includes:
- Your server (or IP) address
- The day and time you visited our site
- The pages that you access within Participate Melbourne including how long you spend on each
- Your route through Participate Melbourne (the sequence of pages and other content that you visit)
- The operating system you are using
- Any documents, images or videos that you download from the service
- Your rough geographic location
- The language of your browser
- Your internet service provider
- The type of browser and version you are using.
To the extent that this data could make you identifiable, the City of Melbourne will not attempt to identify individuals from the records the server automatically generates unless necessary to investigate a breach of law or regulation.
Member registration
If you are a registered user, we may, in addition to the above data and depending on the nature of the consultation, collect the following information:
- Full name, gender, post code, address, email address and age bracket
- Username and password for Participate Melbourne
- Subscription by you to other (optional) electronic communications from us
- Topics about which you have indicated an interest in being consulted or informed.
User feedback
We collect information that you provide via the Participate Melbourne feedback tools. This includes:
- comments and votes in forums
- stories
- surveys
- interactive maps
- quick polls
Cookies
Cookies are used on our site, but they do not collect any personal information. For the most part they are sessional and just contain system-generated values to identify the user's session for statistical and system administration purposes only.
We collect the data and information through a combination of Google Analytics, server logs and tools within the functionality of the site, using data security protocols.
Social media
If you register or log in to Participate Melbourne via Facebook we will verify your details with Facebook but will not store your Facebook account information.
Links
Our privacy statement does not apply to other websites we may link to. We recommend you read the relevant privacy statement when you access another site.
We use the personal information about you to:
- administer the site and manage your account
- identify when you sign into your account
- send you newsletters and information, but only when you have agreed to us sending you this information or when the information is necessary to assist with the administration of the site
- respond to queries that you have contacted us about
- attribute content that you post on the site to you
- analyse use of the site to inform ongoing improvements and enhancements
- inform policy decisions by the City of Melbourne
- for any other purposes that we indicate to you when we request your personal information.
Content that you post on the site publicly, will be able to be viewed by everyone who uses the site. Each post will contain your username and any publically available reports from consultations, and may include quotes from participants in forums, surveys and other consultation tools.
Moderation
By monitoring this additional information that you provide, we are able to protect the integrity of the discussions from individuals and groups who may attempt to unduly influence the outcomes of a consultation process. For example, we check to ensure each user has a single email account. We also review the site to protect it from spam or trolls.
This information is analysed and interpreted by City of Melbourne staff and selected consultants to help inform the creation of better projects, plans and policies.
Third Parties
We may also disclose personal information to third parties, and you consent to us disclosing your personal information, for the following purposes:
- consultants of the City of Melbourne who perform various services for and on behalf of City of Melbourne. These contractors have agreed to be bound by the provisions of the Privacy and Data Protection Act 2014. Information provided to these contractors is limited to contact details provided by you whilst contacting us
- other local governments and State government departments, in accordance with the Privacy and Data Protection Act 2014 and for the purposes set out in this Privacy Policy.
Access and correction
Requests for access to and correction of documents containing personal information and held by the City of Melbourne, are handled under the Freedom of Information Act 1982 and can be addressed to the:Manager Governance and Legal
City of Melbourne
GPO Box 1603
MELBOURNE VIC 3001
foi@melbourne.vic.gov.au
When you sign up for a user account you provide two types of information:
- publicly available information
- information available to both City of Melbourne and Harvest.
Publicly available information
Publicly available information is limited to your username and any comments you leave under that name in the forums or other feedback tools on Participate Melbourne.
Content that you post on the site publicly, will be able to be viewed by everyone who uses the site. Each post will contain your username and any publically available reports from consultations, and may include quotes from participants in forums, surveys and other consultation tools
Please note that the City of Melbourne is subject to the Freedom of Information Act 1982 (Vic) legislation. The Freedom of Information Act 1982 gives individuals and corporations a general right of access to documents held by Council. This includes documents created by Council, documents held by contracted service providers and documents supplied to Council by external organisations or individuals.
Information available to both City of Melbourne and Harvest Digital Planning includes:
- all information from the sign-up form
- comments, questions, stories, guestbook posts
- survey responses, quick poll responses, map pins
- general site activity such as document downloads, videos viewed, images viewed etc.
- information on the technology used to access the site.
Hosting
Regardless of whether you are a registered user, we will retain any communications that you send to us in accordance with the Victorian Public Records Act 1973. The personal information you submit through Participate Melbourne will generally be hosted in Victoria and New South Wales but may be hosted on occasion in New Zealand. Please be aware that New Zealand may not have privacy protections substantially similar to Victoria.
Where data in Google Analytics and HotJar is stored offsite, we ensure this is depersonalised and cannot be used to identify specific individuals. Where data and information is collected via the site’s servers and tools, this is managed through our data security protocols and processes.
Policy updates
We may update the content of this Privacy Policy from time to time for any reason. The updated version of the Privacy Policy will apply to you as soon as it is posted on the website, so we suggest that each time you return to the consultation website you should review the Privacy Policy (and the Terms of Use).
We may send you information and announcements from time to time by email or via social media networks.
You can choose to receive newsletters and other updates from us by email. If you choose this but then change your mind, you can unsubscribe at any time by following the process set out in the emails and newsletters that we send you.
You can contact the Council’s Privacy Officer at privacy@melbourne.vic.gov.au if you have any enquires concerning Council's privacy procedures.
Updated August 2019
Terms of Use
The following terms and conditions (“Terms”) govern the use of the Participate Melbourne website (the “Site”). The platform is owned and operated by Harvest Digital Planning Pty Ltd on behalf of the Melbourne City Council (“City of Melbourne”).
Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site.
By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Site.
You must use the Site in a manner consistent with any and all applicable laws and regulations.
Harvest Digital Planning and its suppliers use reasonable efforts to protect the confidentiality of content you provide in accordance with the Participate Melbourne Privacy Policy. However, we cannot guarantee that we will be able to wholly protect your information from improper purposes by unauthorised third parties. You acknowledge that there are risks inherent in internet connectivity that could result in the loss of your privacy, confidential information and property.
You agree and understand that any content posted by you is subject to the rules of our Moderation Policy.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.
You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
The Site may contain links to third-party web sites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership, disclaimer, indemnity and limitations of liability provisions.
If you wish to terminate your account, you can cancel your registration by contacting info@harvestdigitalplanning.com.
Content that you have posted on the Site may remain on it, even after you have cancelled your registration. You are not entitled to have the content removed.
You can choose to receive newsletters and other updates from us by email. If you choose this but then change your mind, you can unsubscribe at any time by following the process set out in the emails that we send you.
Upon termination, your right to use the Site will immediately cease.
These Terms shall be governed and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Site.
You agree to indemnify and hold Harvest Digital Planning and the City of Melbourne, their subsidiaries, affiliates, officers, agents, licensors, and other partners and employees, harmless from, any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Site in violation of these Terms and/or arising from a breach of these Terms.
You agree that in no event will Harvest Digital Planning or the City of Melbourne, their suppliers or licensors, be liable for the Site and its content, or any claim or demand made by you or a third party resulting out of (i) any content you submit to or transmit through the Site; (ii) the interruption of use or loss or corruption of data; or (iii) your use of, or inability to use, the Site; (iv) unauthorised access or alterations of your data; (v) statements of conduct of any third party on the Site.
Participate Melbourne contains the copyrighted material, trademarks, patents, trade secrets, and other proprietary information (“Proprietary Intellectual Property”) of Harvest Digital Planning and its suppliers and licensors. Harvest Digital Planning and its suppliers and licensors own and retain all proprietary rights in the Intellectual Property. For the avoidance of doubt, content posted on the Site by you and other users of the Site (“Content”) is not Proprietary Intellectual Property.
Except for Proprietary Intellectual Property which is in the public domain, or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or otherwise use any such Proprietary Intellectual Property and the provision of such Proprietary Intellectual Property to you through the Site does not transfer to you or any third party any rights, title or interest in or to such Proprietary Intellectual Property, including, without limitation, any intellectual property rights in any content and material included therein.
You may not: distribute, sub-license, translate, reverse-engineer, decompile, or disassemble the Site or Proprietary Intellectual Property or the source code thereof, or attempt to derive the source code thereof in any other way, save and only to the extent any foregoing restriction is prohibited by applicable law; modify the Site or Proprietary Intellectual Property or merge all, or any part, of the Site or Proprietary Intellectual Property or the source code thereof into another program; or remove, modify or alter any of Proprietary Intellectual Property from any part of the Site or the source code thereof.
You agree that any original Content that you produce, contribute or post on to the Site may be made available to the public under a Creative Commons Attribution-ShareAlike 3.0 Australian licence. This licence lets others share your Content, where the end user acknowledges your contribution. The full terms of the licence are available at http://creativecommons.org/licenses/by-sa/3.0/au/legalcode.
We grant you a Creative Commons licence which allows you to copy and adapt Content on the Site placed by others, subject to the terms of the licence. You can view a copy of the licence at http://creativecommons.org/licenses/by-sa/3.0/au/legalcode.
To the extent permitted by applicable law, you unconditionally and irrevocably consent, and will obtain all other necessary unconditional and irrevocable written consents from other persons involved in producing any Content (text, images and video), to any act or omission that would otherwise infringe any moral rights in any Content which is transmitted by you onto the Site.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new Terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the Site after those revisions become effective, you agree to be bound by the new Terms. If you do not agree to the new Terms, please stop using the Site.
If you have any questions about these Terms, please contact us at info@harvestdigitalplanning.com
Updated July 2019
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