Kiama Municipal Council (Kiama Council or Council) takes any concerns or problems you may have with this website seriously, and will act to rectify any issues as quickly as possible.

When you visit our website to read or download material, the following information is recorded for statistical purposes, which allows us to continually improve the website:

• your server address
• domain name from which you access the internet (e.g ,.gov, .com, .edu, .org, .au, .nz etc)
• browser type used
• date and time you access our site
• pages accessed and documents downloaded
• previous internet address you visited
• internet address you visit directly after our site.

We will not attempt to identify you or your browsing activities from these records, except in the unlikely event of an investigation by an Internet Service Provider (ISP), or where a law enforcement agency exercises a warrant to inspect an ISP's logs.

User feedback

Providing feedback on our website is voluntary and used to improve our online service.

Your feedback will not affect your access to our website.

Email subscription

If you register for Council's email newsletters or subscription alerts, the information you provide will be used only for the indicated purpose.

Images, film and voice recording

If you attend a Kiama Council event, including a Council Meeting, at which we’ve said we’ll be filming, recording and/or taking photos, we reserve the right to use those images, film and recordings in future Kiama Council publications.

All images used on our site are copyright or owned by Kiama Council.

To apply to use, or for the removal of any images, film footage or recordings, please contact Kiama Council with your request and we will act to rectify any issues as quickly as possible.

Contacting us

Your email address will only be recorded if you choose to send us a message.

It will be used for the purpose for which you have provided it, and will not be added to a mailing list or disclosed without your consent.

Links to other sites

This privacy statement covers Kiama Municipal Council's websites, including Council's Your Say website, only and not websites that may be linked from our site that are not owned by Council.

Related information

• Kiama Council's Privacy Management Policy

Social Pinpoint Privacy

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 www.yoursay.kiama.nsw.gov.au. The software platform is owned by Social Pinpoint Pty Ltd and operated by us, Kiama Municipal 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 guidelines. 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).

Users who engage on Kiama Municipal Council digital platforms must not post or share comments, photos, videos, electronic recordings, or other information that:

• is defamatory, offensive, humiliating, threatening, or intimidating to Council Officials or members of the public
• contains profane language or is sexual in nature
• constitutes harassment and/or bullying within the meaning of the Model Code of Conduct for Local Councils in NSW , or is unlawfully discriminatory
• contains content about the Council, Council Officials or members of the public that is misleading or deceptive
• breaches the privacy of Council Officials or members of the public
• contains allegations of suspected breaches of the Council’s Code of Conduct or information about the consideration of a matter under the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW
• violates an order made by a court
• breaches copyright
• advertises, endorses or solicits commercial products or business (Note: in some cases where a business, event or vendor has officially partnered with Council, an exception may be granted)
• constitutes spam.

Moderation of content

Kiama Municipal Council, together with Social Pin point, will moderate all content contributed by users of this site, external to both organisations.

More information about the moderation of content can be found here: Moderation

Blocking or banning

If a person has inappropriate content rejected on three (3) or more occasions, that person may be blocked from using this Council owned platform.

What are the conditions with a user’s account?

While using the site, you must not violate any applicable laws and regulations. It is Kiama Council's 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 Council. 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.

What do we require from our users?

You 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 a Kiama Municipal Council employee
• 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 user's accounts.

Can your account be suspended or terminated?

Kiama Council may terminate or suspend access to your 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@kiama.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

Kiama Municipal 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 Kiama Municipal Council and its suppliers and licensors. Kiama Municipal 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 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 the user is 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 council@kiama.nsw.gov.au.