Privacy Policy

This site is owned and operated by Nillumbik Shire Council using software licensed from Harvest Digital Planning (Harvest).

This site is managed by Nillumbik Shire Council. Your interaction with this site is governed by Nillumbik Shire Council's Information Privacy Policy.

For details on how Nillumbik Shire Council collects and protects your personal information, refer to our Information Privacy Policy.

For details of how Harvest may access personal information, please refer to Harvest’s Privacy Policy.

Privacy Collection Statement

Nillumbik Shire Council (Council) provides this site as a method of engaging with the community about a range of issues and projects. Council asks for feedback from the community which at times is displayed in an open forum, visible to other visitors to the site.

Registration & Participation

Visitors to the site are encouraged and in some cases required to register with the site in order to provide feedback and leave comments. The registration process includes the requirement for some personal information including name and email address. Optional fields include age, gender and suburb or township of residence.

If the required fields are not completed, you will not be able to register with this site.

At times additional optional information may be asked for, which could include information such as whether a user of the site has a disability, speaks another language or identifies with a particular community. The information collected for registration is not displayed publicly, but is used to analyse the representation from the local community who use this site.

This information may be used to assist with marketing and promotional endeavours to increase participation in the site.

Harvest Digital Planning Pty Ltd, the host of this site, will also have access to this information. Users should refer to their Privacy Policy by following the Privacy Policy link.

You can access the personal information that Council holds about you by contacting Council’s Privacy Officer – 9433 3271 or privacy@nillumbik.vic.gov.au

Terms of Use

The following Terms and Conditions govern the use of Participate Nillumbik (“the site”). The software platform is owned by us, Harvest Digital Planning Pty Ltd (Harvest), and operated by Nillumbik Shire Council.

By accessing and using this site, you are choosing to accept and comply with the Terms presented throughout this agreement as well as the Privacy Policy and Moderation Policy. These Terms apply to all visitors and users of this site. Linked sites, affiliated services or third party content or software have their own Terms that you must comply with. If you disagree with any of the Terms presented in this agreement, you may discontinue using the site immediately.

If you are under 18 years old, please ensure that your parent or guardian understands and accepts these Terms and Conditions (including the Privacy Policy and Moderation Policy).

What are the conditions with a user’s account?

While using the site, you must not violate any applicable laws and regulations. It is our duty to protect the confidentiality of content you provide on our site in accordance with our Privacy Policy. When you create an account with us, you must always provide us with accurate information. Failure to provide accurate information violates the Terms, which may result in immediate termination of your account on our service. You are responsible for protecting your own password you use for this site and for any activities done under that password. Unauthorised use of your password or account must be immediately reported to Harvest. In some cases, we or our agents may require access to your user accounts to respond to technical issues.

We are not responsible for the content on the site that has been provided by the users of the site. Any content posted by you is subject to the rules of our Moderation Policy. Your contribution to the site may be edited, removed or not published if we consider it inappropriate (refer to Moderation Policy). Contributors should also be aware that their posts may remain online indefinitely. Where practical, you may choose not to identify yourself, deal with us on an anonymous basis or use a pseudonym.

What does Harvest require from their users?

You must understand and agree that, without limitation:

• all information, data, images and other materials are the sole responsibility of the person from whom the content originated;
• you are prohibited from advertising or offering to sell or buy any goods and services
• you cannot transmit Content that contains software viruses or programs designed to change or destroy the functionality of any computer software or hardware; or
• you cannot collect or store personal data about other users of the site
• you cannot impersonate any person or entity, including without limitation to a Harvest representative
• you cannot interrupt or interfere with the site or servers or networks connected to the site
• you cannot attempt to gain unauthorised access to the site or other use accounts

Can your account be suspended or terminated?

We may terminate or suspend access to your site and/or account immediately, without prior notice, including without limitation if you breach the Terms. We may immediately deactivate or delete your account and all the related files and information in your account. After your account has been terminated, the content you have posted may also remain indefinitely on the site.

If you want to terminate your own account, please send an email to info@harvestdigitalplanning.com.

Governing Law

These Terms shall be governed in accordance with the laws of Victoria, Australia, without regards to its conflict of law provisions.

Indemnification

Harvest, its subsidiaries, affiliates, officers, agents, licensors and other partners are not responsible for any loss, liability, claim, or demand, including legal fees, made by any third party due to or arising from a breach of this agreement and/or any breach of your representations and warranties set forth above.

What content does Harvest own?

Your Say website contains the copyrighted material, trademarks, patents, trade secrets and other proprietary information (“Intellectual Property”) of Harvest and its suppliers and licensors. Harvest owns and retain all proprietary rights in the intellectual property. All intellectual property in the content of this site including without limitation to text, software, source code, pages, documents and online graphics, photographs, sounds, audio, video and other interactive features are owned by or licensed to us.

Any original content that you submit or post on our site may be made available to the public and allows users to share your content (with the end user acknowledging your contribution) under the Creative Commons Attribution-ShareAlike 4.0 Australian License.

Except for Intellectual Property which is in the public domain or for which you have been given written permission, you may not copy, alter, transmit, sell, distribute any of the Intellectual Property.

We are not responsible for your communications or dealings, including payment and delivery of goods or services, with a third party found via our website. Any loss or damage incurred from those communications or dealings are solely between the user and the third party.

Disclaimer and Warranties

Users must agree that you use of the site is at your own risk. We make no warranty that the site will meet your requirements or be uninterrupted or error-free. Any material that the user downloads through the site is done at their own risk and are responsible for any damages to their computer system or loss of data.

What happens if these Terms change?

We reserve the right, at our sole discretion, to modify or replace these Terms at any time without notice. The most recent version of the Terms can be seen on this page. By continuing to access or use our site after those revisions become effective, you agree and will comply to the revised terms. If you do not agree to the revised terms, please discontinue using our site.

Contact Us

If you have any questions about these Terms, please contact us at info@harvestdp.com