Privacy

There are two Privacy Policies relevant to the Have Your Say website.

• Council's Privacy Policy is available on the main website
• Harvest Digital Planning who operate the Have Your Say platform have included their policy below.

Harvest Digital Planning Privacy Policy

This Privacy Policy describes how Harvest Digital Planning Pty Ltd (12 148 958 927) (Harvest) collects and uses your personal information collected through its platform called The HiVE.

Harvest respects the rights and privacy of all individuals and is committed to complying with the Privacy Act 1988 and the Australian Privacy Principles and protecting the personal information Harvest holds.

Why does Harvest collect personal information? How does Harvest use it?

Harvest generally collects your personal information as part of providing its online community engagement services, informing you about these services, complying with its contractual and other legal obligations, responding to your enquiries and administering its community engagement technology.

Harvest needs your personal information to carry out these aims. Harvest may use your personal information for those purposes, any other purpose listed on a collection statement at the point of collection or in any other way made clear at the time of collecting the personal information.

How does Harvest collect personal information?

Harvest may collect your information via its websites.

What personal information does Harvest collect?

Harvest collects the types of personal information required to assist with providing Harvest’s services.

We may collect information from you when you sign-up for the platformsite, leave feedback or otherwise input data. Required information may include personal information such as your name, phone number, email and suburb.

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.

How does Harvest use your personal information? To whom will it be disclosed?

Harvest may use your personal information for the primary purpose for which it was collected, i.e. the purpose specified in a privacy collection statement or the purpose that could be reasonably expected at the time the information was collected. Harvest may also use your personal information for a secondary related purpose.

By submitting your personal information, you consent to Harvest using it to:

(a) complete an activity that you have chosen to undertake;

(b) administer Harvest’s relationship with you;

(c) monitor online activity on the Harvest website(s) and/or application(s);

(d) improve and add to Harvest’s services (including online); or

(e) where required or authorised by law.

Harvest may disclose personal information to other entities with whom it contracts.

Can you remain anonymous or withhold personal information?

Yes. Where practical, you may choose not to identify yourself, deal with us on an anonymous basis or use a pseudonym.

Will you receive direct marketing?

If you provide us with your personal information you will not receive direct marketing communications from Harvest unless otherwise stated.

Will your information be disclosed overseas?

Harvest will not disclose your personal information to any person or entity outside Australia.

How can you access and correct your personal information?

You generally have the right to access your personal information free of charge, subject to some limitations contained in the Privacy Act 1988.

The APPs set out some circumstances in which Harvest is not required to provide you with such access. If you ask for your personal information and any of these circumstances exist, you may be given access to the personal information in a way that is permitted under the Privacy Act 1988.

To protect personal information held by Harvest, you may need to confirm your identity before access to your personal information is granted. It may take a little time to process your application for access and retrieve information from storage (if applicable).

Harvest encourages you to provide updates so that Harvest has accurate, current and complete information. You may correct any errors or request that Harvest deletes all or some of your personal information. You may also opt out of any further contact from us.

Does Harvest use “cookies”?

Yes. When you use Harvest’s website(s), Harvest or its IT service providers may obtain information using technologies such as cookies, tags, web beacons, and navigational data collection (log files, server logs, and clickstream data). For example, Harvest or its IT service providers may collect information like the date, time and duration of visits and which webpages are accessed.

This information is generally not linked to your identity, except where it is accessed via links in Harvest e-message or where you have identified yourself.

How can you complain about privacy breaches?

If you have a complaint in relation to the collection, use or and disclosure of your personal information, please contact the Harvest Privacy Officer via the details provided below. The Harvest Privacy Officer will review all complaints received and respond to each complainant upon due consideration (which may require further information to be provided).

If a privacy breach occurs, Harvest will notify you where possible of the breach and seek your direction about how you would like to respond to the incident.

Will this Privacy Policy change?

Harvest may amend this Privacy Policy from time to time. Amendments will be effective immediately upon notification on this website.

Who can you contact about your personal information?

To contact Harvest about your personal information, concerns or complaints, email the Privacy Officer at info@Harvestdp.com.

Terms of Use

The following Terms and Conditions govern the use of Have Your Say Bayside (“the site”). The platform is owned and operated by us, Harvest Digital Planning Pty Ltd (Harvest), on behalf of Bayside 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 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