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

City of Newcastle (CN) has an obligation to protect the privacy of site users. This statement describes what information is collected, and why it is collected.

Privacy Statement

We are committed to protecting your personal information. This Statement outlines our practices relating to personal information obtained through access to our website. This statement is provided in accordance with the 'Guidelines for Government Websites' issued by the Australian Privacy Commissioner.

On 11 December 2018, Council adopted a new Privacy Management Plan (PDF) in accordance with the Privacy and Personal Information Protection Act 1998 (the Privacy Act) and in light of the Model Privacy Management Plan for Local Government published by the Division of Local Government (January 2013). It is recommended that you read the Privacy Management Plan prior to submitting any personal information to us. We respect and protect the privacy of users. The Privacy Management Plan (PDF) will be next reviewed by December 2021.

Contact details for the Information and Privacy Commission (IPC)

NSW Information Commissioner – Elizabeth Tydd
NSW Privacy Commissioner – Samantha Gavel
Post: GPO Box 7011, Sydney NSW 2001
Address: Level 15, McKell Building, 2-24 Rawson Place, Haymarket NSW 2000
Website: www.ipc.nsw.gov.au
Email: ipcinfo@ipc.nsw.gov.au
Phone: 1800 472 679

Contact details for the NSW Civil and Administrative (NCAT)

Website: www.ncat.nsw.gov.au
Phone: 1300 006 228
Post: PO Box K1026, Haymarket NSW 1240
Email: aeod@ncat.nsw.gov.au
Visit: Level 10 John Maddison Tower, 86-90 Goulbourn Street, Sydney NSW 2000

Collecting information about you from the website

We will only collect personal information directly from you, or your authorised agent. The information collected will be for lawful purposes directly related to the functions of Council.

If you do not wish to provide personal information to us, we may be unable to provide you with the services required. In accordance with the Privacy Act you can make application for us to consider suppressing your personal information from a public register held by us.

Statistical Information

If you visit our website to read or download information, the following information will be recorded for statistical purposes:

• Your server's address
• The name of the top level domain from which you access the Internet (for example, .gov, .com, .edu, .org, .au, .nz etc)
• The type of browser you use
• The date and time you accessed this site
• The pages you accessed and the documents you downloaded
• The previous Internet address from which you linked directly to this site
• The Internet address to which you link directly from this site.

The above information is used to create summary statistics which allows us to assess the number of visitors to the different sections of its site, discover what information is most and least used, determine technical design specifications, and help it make its site more useful to visitors.

How will we use your Personal Information

• We will use your information for the purpose for which it was collected
• We will use your information to understand community and customer needs to continuously improve its services
• We may use your information to let you know about its services or other information available. (eg Newsletters)
• We may share your information within other sections of CN, its agents and contractors to expedite services to its customers. The provisions of the Privacy Act bind our agents and contractors.

Disclosure of your Personal Information

We will only disclose your personal information if:

• You have consented to the disclosure
• The disclosure is required or permitted by legislation
• Where it is necessary to lessen a threat to someone's life or health.

Accuracy of your Personal Information

We will take reasonable care to ensure that the personal information we collect, uses or discloses is accurate, complete and up to date.

Storage and Security of your Personal Information

We will take all reasonable steps to protect the personal information it holds from misuse, unauthorised access and modification.

How to Access, Correct or Update your Personal Information

• If you want to know exactly what personal information we are holding about you, you are welcome to request such information by contacting our Privacy Officer
• You can apply to CN to amend your personal information to ensure it is relevant, up to date, complete and not misleading.

How we Dispose of your Personal Information

Your personal information will be disposed of in accordance with General Authority 45 as issued under the State Records Act.

Other Important Information

Cookies

• Tracks the pattern of visitor usage using a facility called a cookie. This cookie identifies and recognises the computer (but not the person using the computer) when you visit our website.
• Cookies are pieces of information that a website can transfer to an individual's computer hard drive for record keeping.
• The use of cookies is an industry standard and you will find most major websites use them. Most Internet browsers are pre-set to accept cookies. If you prefer not to receive cookies, you can adjust your Internet browser to disable cookies or to warn you when cookies are being used.

Links to other Websites

• Our website contains links to other websites. These linked sites are not under our control
• We are not responsible for the management or protection of any personal information you provide to these sites
• Before disclosing your personal information on any other web-site we recommend you examine the terms and conditions of using that website.

Children's Privacy

• We will take all reasonable steps to protect the privacy of children
• We ask that children under the age of 18 have a parent or guardian submit personal information on their behalf when required.

Contacting City of Newcastle online by e-mail

We will only record your e-mail address if you choose to send a message. It will only be used for the purpose for which you have provided it and will not be added to any mailing list. We will not use your e-mail address for any other purpose, and will not disclose it without your consent.

Subscribe and Unsubscribe e-mail Service

Our online site offers a subscribe and unsubscribe e-mail service for those people who wish to receive CN online news and other updates via its list-serv system. When you subscribe to this service your e-mail address and, as an option, your name is added to a database. This information is used only to provide the service and will not be used for any other purpose, and it will not be disclosed without your consent.

Changes to this Statement

We will occasionally update this privacy statement. When it is updated we will revise the 'last updated' date at the top of the statement.

How to Contact Us

If you have any questions, please contact us or telephone our Privacy Officer on 4974 2435. Other information can be obtained from the IPC.

Privacy complaint

If you believe a breach of your privacy has occurred, you can make a privacy complaint to us or the NSW Office of the Privacy Commission (part of the IPC). If the conduct complained about relates to an alleged breach by a public sector agency such as CN, the Privacy Commissioner usually takes the view that it would be more appropriate for an internal review application to be made under s53 of the PPIP Act.

You will need to complete the Privacy Complaint Internal Review form (PDF) and lodge it with City of Newcastle.

More details regarding privacy can be found on the IPC's website and in particular handling privacy complaints.

Copyright

We reserve copyright on our publications.

The content of this site is copyright. Apart from any use permitted under the Copyright Act 1968, no part of any such content may be reproduced, modified, adapted or published in any way for any commercial purposes whatsoever.

Requests and enquiries concerning reproduction and copyright should be addressed in writing to:

Chief Executive Officer
City of Newcastle
PO Box 489
NEWCASTLE NSW 2300

Other Sites

We have no control over the content of material accessible on any site cross-referenced. It accordingly is the responsibility of the Internet user to make their own decisions about the relevance or accuracy, currency and reliability of information found on those sites.

In addition, we do not necessarily endorse or support the views, opinions, standards or information expressed at linked sites. They have been set up as information sources only.

Disclaimer

We are committed to quality service and makes every attempt to ensure accuracy, currency and reliability of the data contained in these documents. However changes in circumstances after time of publication may impact the quality of this information. It is the responsibility of the user to make his/her own decisions about the correctness of information found.

Other Documents

PPIP Code of Practice for Local Government - This Privacy Code of Practice is made under Part 3 Division 1 of the PPIP Act. The effect of this Code is to modify:

• The Information Protection Principles contained in Part 2, Division 1 of the PPIPA; and
• The provisions of Part 6 of the PPIPA, as they relate to Local Government

https://www.ipc.nsw.gov.au/privacy-codes-practice - all codes on the IPC's website.

The following Terms and Conditions govern the use of newcastle-haveyoursay.com (“the site”). The software platform is owned by Social Pinpoint Pty Ltd and operated by us, City of Newcastle.

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 City of Newcastle 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 engage@ncc.nsw.gov.au.

Governing Law

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

Indemnification

City of Newcastle, 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 City of Newcastle and its suppliers and licensors. City of Newcastle 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 engage@ncc.nsw.gov.