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Privacy Policy
Updated 29 January 2016
Participate Melbourne is operated by Harvest Digital Planning on behalf of the City of Melbourne.
The City of Melbourne and Harvest take 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 Victorian Commissioner for Privacy and Data protection website.
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.
Who do I contact for more information?
Please contact the Council’s Privacy Officer at privacy@melbourne.vic.gov.au if you have any enquires concerning Council's privacy procedures.
If you have any technical questions about how this site operates please contact: info@harvestdp.com or call 03 9023 8126.
Anonymous access to our site
You can access Participate Melbourne anonymously, without disclosing your personal information.
What information do we collect?
Sign-up (required)
We collect information from you when you sign-up for Participate Melbourne. Required information includes:
- Name (this is published on the site alongside any public comments you make)
- email address (this will not be made public)
By providing an email address you help us protect the integrity of the discussion from individuals and groups who may attempt to unduly influence the outcomes of the consultation process. For example, we check the database to ensure each user has a single email account on the site. We also frequently review the site for trolls and spammers.
The email address you provide will be used by the City of Melbourne to send you information and updates about Participate Melbourne projects. You can unsubscribe from these updates at any time.
Social media collection statement
If you use your Facebook, Twitter, or other social networking sites (‘SNS’) account information to log in and/or authenticate with a City of Melbourne website, we will collect and store a unique user ID provided by your SNS.
As a City of Melbourne website user, you can choose to log in and/or authenticate with a SNS, such as Facebook. To do so, you must use your account credentials (typically username and password) for your SNS. Your SNS will provide City of Melbourne with a unique user ID which we can use to identify you on our websites. City of Melbourne will retain this user ID, keep it private and use it to identify you and enable your access to features on our websites.
If you choose to sign up with your SNS profile the City of Melbourne will request to collect your name and email. You can cancel this request and then manually enter this information through the Participate email registration process.
We encourage you to read the privacy policies and other statements of the SNS you use.
Demographic information (optional)
We ask optional demographic questions when you sign-up to help us determine whether we are getting a diverse cross-section of participants. Questions are:
- age group
- gender
- your relationship with the city
User feedback
We collect information that you provide via the following feedback tools:
- comments and votes in forums
- stories
- surveys
- quick polls
- interactive maps
This information is analysed and interpreted by City of Melbourne staff to help inform the creation of better projects, plans and policies.
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.
Site visit data
This site’s web-server automatically collects the following non-personal information (i.e. clickstream data) for statistical and system administration purposes only:
- your server (or IP) address
- the day and time you visited the site
- the pages you visited on our site
- the address of the last page you visited
- the operating system you are using
- rough geographic location (down to the city)
- language (e.g. American English)
- internet service provider (e.g. Telstra)
- 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.
Who has access to this information?
When you sign up for a user account you provide two types of information:
1. publicly available information
2. information available to both City of Melbourne and Harvest Digital Planning.
Publicly available information
Publicly available information is limited to your name and any comments you leave under that name in the forums or other feedback tools on Participate Melbourne.
You can use your first name or an anonymous username if you do not want your full name attached to forum and guestbook comments, stories or questions.
Feedback (including overall results of polls and surveys, and in some instances, quotes from forums and surveys) may be published in publicly available reports at the end of the consultation period.
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.
Disclosure of personal information
City of Melbourne will take all necessary measures to prevent unauthorised access to, or disclosure of, your personal information.
External organisations to which personal information is disclosed include City of Melbourne’s contracted Service Providers 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.
We will also ensure that your personal information is not disclosed to other individuals, institutions and authorities outside Council except if required or authorised by law or explicitly permitted by you. For example, in the event of an investigation into suspected unlawful or improper activity, a law enforcement agency or government agency may exercise its legal authority to inspect the web server's records (e.g. in relation to hacking or abusive messages).
Access and correction
Requests for access to 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
Links
This website privacy statement does not apply to other websites we may link to. We recommend you read the privacy statement when you access another site.
Terms of Use
Last updated: January 29, 2016
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.
Use of 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.
Accounts
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.
Links to other web sites
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.
Termination of access
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.
Governing Law
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.
Indemnification
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.
Limitation of Liability
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.
Copyright and Intellectual Property
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.
Changes
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.
Contact Us
If you have any questions about these Terms, please contact us at info@harvestdigitalplanning.com
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