Privacy Collection Statement

Darebin City Council (“Council”) collects, holds and manages personal information under the Privacy and Data Protection Act 2014 (Vic) (“PDP Act”) and health information under the Health Records Act 2001 (“HR Act”). Your Say Darebin is Darebin City Council’s online engagement platform.

Purpose

Your personal details and health information are collected via this platform so that the Council can provide you, as members of the Darebin community, with the opportunity to provide feedback and access information on all current projects that include community engagement. We use this information to:

• analyse and interpret it to help meet our objectives and obligations;
• communicate information to you about engagement opportunities, events and other initiatives; and
• respond to enquiries and otherwise engage with stakeholders.

When you engage with the Council through Your Say, the information we collect on this platform:

• Includes your postcode, which is not personal information. However, if you choose to provide any other personal information about yourself, then this is provided voluntarily to the Council and with your consent.
• The content you create as part of your interactions with this website. These can include responses to surveys, comments on discussion forums, or any of the other engagement opportunities available here.
• The profile information when you register to use this site. This includes your email address and additional demographic information as provided by you on the registration form.
• Your usage of the site - such as pages visited, documents downloaded, etc.

Sharing

We may share this information with Council departments, Councillors and at Council meetings (public event). This may be for the purpose of evaluating how representative of our community the results of this survey are and actioning ideas from feedback provided.. For Submissions received, the purpose of sharing with the above groups, would be to assist in preparing responses from Council or including the submission in Council Meetings and associated meeting materials (Agendas/Minutes).

Section 66 of the Local Government Act 2020 requires that Council or Delegated Committee Meetings are open to the public, unless specified circumstances apply. Under Council’s Governance Rules (14.5(7) and 15.4(7)) the name of any person making a verbal submission or asking a public question are required to be recorded in the minutes of the meeting, along with a record of the question asked and response provided. Any person making a submission or asking a public question at a Council or Delegated committee Meeting may also appear in associated audio/visual recordings of the meeting.

All Your Say responses will be deidentified prior to sharing, unless contrary to the requirements of the Local Government Act 2020 or Governance rules.

• At times, the project may involve responses being publicly available, so if you make any comments, please do not include any personal information that you would not like to be accessible for public viewing. Please do not identify specific people by name for the sake of their privacy.
• The Council may provide personal information to its agents, such as its accountants or lawyers.
• At times, the Council may be legally required to disclose personal information, for instance to the police.
• The Council’s contractors may be service providers external to the Council, such as Social Pinpoint - This site is owned and operated by Darebin City Council using software licensed from Social Pinpoint For details of how Social Pinpoint may access personal information, please refer to Social Pinpoint’s Privacy Policy.
• It is possible any information you provide to Council in this survey may be held outside Victoria, please take this into account in your decision to provide answers in this Survey. If you choose to participate in this survey, you consent to the transfer and storage of the information provided outside of Victoria.
• Our website may contain links to other websites. Those links are provided for convenience and may not remain current or be maintained. We are not responsible for the privacy practices of linked websites and we suggest you review the privacy policies of those websites before using them.

If you choose not to provide your personal and health information we may not be able to use your response in our community engagement management . We accept anonymous responses, however we will be unable to provide feedback, responses or an outcome to you without your contact details.

Privacy Policy & Access

You can access the Council’s privacy policy by emailing privacy.officer@darebin.vic.gov.au or from our customer centre. For further information on privacy matters please call Council’s Privacy Officer on 8470 8888 or email to privacy.officer@darebin.vic.gov.au.

If you would like to gain access to your personal information, you can contact Council’s Freedom of Information officer on 8470 8888 or email to foi@darebin.vic.gov.au.

This site is owned and operated by Darebin City Council using software licensed from Social Pinpoint. For details on how Darebin City Council collects and protects your personal information, refer to their Privacy Policy below. For details of how Social Pinpoint may access personal information, please refer to Social Pinpoint’s Privacy Policy.

The following Terms and Conditions govern the use of Your Say Darebin (“the site”). The software platform is owned by Social Pinpoint Pty Ltd and operated by us, Darebin City 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 us. 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 do we require from our 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 Darebin City Council 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 yoursay@darebin.vic.gov.au

Governing Law

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

Indemnification

Darebin City Council 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 do we own?

This website contains the copyrighted material, trademarks, patents, trade secrets and other proprietary information (“Intellectual Property”) of Darebin City Council and its suppliers and licensors. Darebin City Council owns and retains 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 on this site.

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 yoursay@darebin.vic.gov.au