Privacy policy - Contents
In this Privacy Policy, 'us' 'we' or 'our' means 1Template Pty Ltd. We are committed to respecting your privacy. Our Privacy Policy sets out how we collect, use, store and disclose your Personal Information.
By providing Personal Information to us, you consent to our collection, use and disclosure of your Personal Information in accordance with this Privacy Policy and any other arrangements that apply between us.
We may change our Privacy Policy from time to time by publishing changes to it on our website. We encourage you to check our website periodically to ensure that you are aware of our current Privacy Policy.
When we update the Privacy Policy in a material way, we will update the ‘last modified date’ specified in clause 15.3. All changes to the Privacy Policy are effective when they are posted on our website. For further information about our Privacy Policy or practices, you can contact us using the contact details specified in clause15.
Personal Information includes information or an opinion about an individual that is reasonably identifiable. For example, this may include your name, age, gender, postcode and contact details. It may also include financial information, including your credit card information. It is defined more fully in clause 2.
Definitions
1.1 In this Privacy Policy, the following capitalised terms have the following meanings:
California Privacy Laws means the CalOPPA, the CCPA, and the Shine the Light Law.
CalOPPA means the California Online Privacy Protection Act 2004.
CCPA means the California Consumer Privacy Act 2018.
Data Protection Laws means the Privacy Acts, the California Privacy Laws, the EU GDPR and the UK GDPR.
GDPR means the General Data Protection Regulation (EU) 2016/679 and national laws implementing or supplementing it.
Non-personal Information means information which does not relate to a person and/or cannot be used to identify a person.
Personal Information means any information or an opinion about an identified individual or an individual who can be reasonably identified from the information or opinion. Information or an opinion may be personal information regardless of whether it is true. It is described in detail in clause 2.
Platform means this website, app, platform and any service offered under the name “1Template” including your access to our support services (as defined in the Platform Terms of Use) via email.
Privacy Act (US) means the Privacy Act 1974 (United States), Privacy Act (Australia) means the Privacy Act 1998 (Cth), and Privacy Acts means either or both of them, as the context requires.
Products means any goods offered by us on the Platform.
Services means the provision of the Platform and any other services offered through the Platform or by us on a payment or free-of-charge basis.
Shine the Light Law means the California Civil Code Section 1798.83.
Social Media Platform means any social media platform, including without limitation Facebook, Twitter, Instagram, SnapChat and Pinterest.
Spam Act means the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act 2003 (United States).
Terms of Use means the Terms of Use of the Platform, which you can access [here].
UK GDPR means the UK Data Protection Act 2018 and the UK General Data Protection Regulation.
Uploaded Content means any content whatsoever which you upload to the Platform, including but not limited to any descriptions, reviews, usage data, feedback, comments, chats, media.
User, you or your means any person using or registering on the Platform whatsoever.
What personal information do we collect?
2.1 We may collect Personal Information and Non-Personal Information about you when you use the Platform, register on the Platform or interact with us in any way.
2.2 Information you provide to us: We collect all information which Users voluntarily provide to us through using the Platform or interacting with us. This includes information provided:
a) during registration;
b) during correspondence, enquiries, support services or phone calls, or customer surveys; or
c) uploaded onto the Platform in any way.
The Personal Information we may collect includes without limitation:
d) basic information such as your first and last name;
e) contact information including email address and phone number;
f) demographic information such as postal code, age, and gender;
g) information related to products, goods or services purchased by you or services provided by you through the Platform;
h) information collected from the Social Media Platform(s) linked to a User profile;
i) other relevant information (profession, employment history, industry types, hobbies, educational history, languages you speak, your skills and accomplishments, tastes, preferences and interests);
j) photographs, images, audio, video or other personal content provided by you;
K) geographic location;
l) other information obtained by your use of the platform; and
m) any other information that enables Users to be personally identified.
2.3 Information we automatically collect: We also automatically collect certain technical data that is sent to us from the computer, mobile device and/or browser through which you access the Platform (Automatic Data). Automatic Data, includes without limitation, a unique identifier associated with your access device and/or browser (including, for example, your Internet Protocol (IP) address) characteristics about your access device and/or browser, statistics on your activities on the Platforms, details of the Products and Services we have provided to you or that you have enquired about or provided through us, including any additional information necessary to deliver those Products and Services and respond to your enquiries, or information about how you came to the Platform. We collect Automatic Data based on your consent which was granted to us by you when you registered as a User and accepted this Privacy Policy.
2.4 Information we obtain from others: We may also purchase or collect or receive Personal Information from third-party sources, suppliers, Social Media Platforms or other third-party integrations, and we may combine this information with data we already have about you. This helps us to update, expand and analyse our records, identify new customers, and create more tailored advertising to provide that may be of interest to you. We will ensure that any marketing campaigns are aligned to GDPR requirements.
2.5 Non-Personal Information: When you interact with the Platform, we may collect Non-Personal Information. The limitations and requirements of this Privacy Policy on our collection, use, disclosure, transfer and storage/retention of Personal Information do not apply to Non-Personal Information. When you register to the Platform or otherwise submit Personal Information to us, we may associate other Non-Personal Information (including Non-Personal Information we collect from third parties) with your Personal Information. In such instances, we will treat any such combined data as your Personal Information until such time as it can no longer be associated with you or used to identify you.
Why do we collect, use and disclose personal information?
3.1 We may collect, hold, use and disclose your Personal Information for the following purposes:
a) to enable you to access and use our Platform, including to enable you to purchase Products or Services, and for us manage our relationship with you;
b) to operate, protect, improve and optimise our Platform, business and our Users’ experience, such as to perform analytics, conduct research and for advertising and marketing;
c) to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
d) to send you marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting;
e) to administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners; and
f) to comply with our legal obligations, resolve any disputes that we may have with any of our Users, and enforce our agreements with 5.1 parties.
3.2 We may also disclose your Personal Information to a trusted third party who also holds other information about you. This third party may combine that information in order to enable it and us to develop anonymised consumer insights so that we can better understand your preferences, skills and interests, personalise your experience and enhance the products and services that you receive or provide.
3.3 The information we collect is not distributed, sold or leased to third parties for commercial purposes, except to provide or avail services you have requested or for other purposes when we have your permission or when we are obliged to do so.
Do we use your personal information for direct marketing?
4.1 We will use your Personal Information to offer you Products or Services we believe may interest you, but we will not do so if you tell us not to. These Products or Services may be offered by us, our related companies, our other business partners or our service providers.
4.2 If we send you direct marketing communications and information about our Products and offers, this may take the form of emails, SMS, mail or other forms of communication, in accordance with the Spam Act and the Privacy Acts.
4.3 You may opt-out of receiving marketing materials from us by contacting us, or by using the opt-out facilities provided (eg an unsubscribe link).
To whom do we disclose your personal information?
5.1 We may disclose Personal Information for the purposes described in this Privacy Policy to:
a) our employees and related bodies corporate;
b) third-party suppliers and service providers (including providers for the operation of our Platform and/or our business or in connection with providing our Products and Services to you);
c) professional advisers, dealers and agents;
d) payment systems operators (eg merchants receiving card payments such as Stripe, Afterpay, Paypal, Amazon Pay, and all major credit cards);
e) our third-party logistics providers;
f) our tax compliance service providers;
g) our existing or potential agents, business partners or partners;
h) our sponsors or promoters of any competition that we conduct via our services;
i) anyone to whom our assets or businesses (or any part of them) are transferred;
j) specific third-parties authorised by you to receive Personal Information held by us or where such consent can be reasonably inferred from the circumstances; and/or
k) other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.
Using our Platform and cookies
6.1 We may collect Personal Information about you when you use and access our website. While we do not use browsing information to identify you personally, we may record certain information about your use of our website, such as which pages you visit, the time and date of your visit and the internet protocol address assigned to your computer.
6.2 We also use cookies, web beacons and other tracking technologies to collect certain information about your equipment, browsing actions, and patterns. Below we describe what are cookies and web beacons, why we use cookies and web beacons, the types of cookies and web beacons that we use as well as what you can do in order to manage and delete cookies and web beacons.
What are cookies and web beacons?
a) Cookies are small text files that websites often store on computer hard drives or mobile devices of visitors to their websites. A cookie contains a unique number, which is used to recognise your computer or mobile device when you return to our Platform. Cookies can remain on your computer or mobile device for different periods of time. The cookies can be either "persistent" cookies or "session" cookies. Persistent cookies are stored by a web browser and remain valid until a set expiration date. Session cookies only exist while your internet browser is open and are automatically deleted once you close your browser.
b) Web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) are small electronic files contained on pages of websites that permit companies to count users who have visited certain webpages on a website and are used for other related website statistics (e.g., recording the popularity of certain website content and verifying system and server integrity).
What do we use cookies and web beacons for?
6.3 We use a variety of cookies, web beacons and other tracking technologies for different purposes. Specifically, we use cookies and web beacons to enhance the experience of our visitors to our Platform (for example, by remembering your preferences and letting you navigate between pages efficiently) and to better understand how our Platform is used. Cookies may tell us, for example, whether you have visited our Platform before or whether you are a new visitor.
6.4 We may also use cookies to enable us to collect data that may include Personal Information. For example, where a cookie is linked to your account, it will be considered Personal Information under the Privacy Acts. We will handle any Personal Information collected by cookies in the same way that we handle all other Personal Information as described in this Privacy Policy.
What types of cookies and web beacons are used by us?
6.5 We use both first-party and third-party cookies and web beacons. First-party cookies and web beacons are cookies and web beacons that are served directly by us to your computer or mobile device. Third-party cookies and web beacons are served by a third-party service provider on our behalf. Third-party cookies are most commonly used for advertising and analytics purposes.
6.6 There are four categories of cookies and web beacons used by us. Specifically, we use essential, performance, functionality and advertising cookies and web beacons.
a) Essential cookies, web beacons and other tracking technologies are necessary for the operation of our Platform. These tracking technologies enable you to move around on our Platform and use our Platform features. You may not opt out of these types of cookies because they are required to operate our Platform.
b) Performance cookies, web beacons and other tracking technologies collect information about how you have used our Platform. We use performance cookies, web beacons and other tracking technologies to improve the user experience with our Platform.
c) Functionality cookies, web beacons and other tracking technologies allow us to remember how you are logged into our Platform, when you logged in or out and the actions you have taken while you have been logged into our Platform.
d) Advertising cookies, web beacons and other tracking technologies are used by our third-party service providers to deliver advertising to you on other third-party websites as well as help measure the effectiveness of our advertising campaigns. We also use these types of cookies to analyse our Platform’s visits and ad conversions from third-party websites.
What are your choices about cookies?
6.7 It is your choice as to whether or not to accept cookies. Most browsers allow you to configure the browser settings so that cookies from websites cannot be placed on your computer or mobile device. If you choose not to accept cookies, then you may be able to continue browsing our Platform but we may not be able to provide you with certain features. If you would like further information about cookies and how to manage and delete them, please visit www.allaboutcookies.org or www.youronlinechoices.eu.
6.8 We may also use cookies to enable us to collect data of Users for marketing Products
How do we store and hold Personal Information?
7.1 We may hold your Personal Information in either electronic or hard copy form. We take reasonable steps to protect your Personal Information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your Personal Information. However, we cannot guarantee the security of your Personal Information.
Processing and transfer of your Personal Information
8.1 Your information, including Personal Information, is processed at our operating office in Australia and in any other places where our staff members are located or where sub-processing takes place (currently being Denmark, Singapore, Canada, the United States). Depending on where you are located, this may mean that your Personal Information is transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction.
8.2 Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
8.3 We will take steps reasonably necessary to ensure that your Personal Information is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Information will take place to an organisation or a country unless there are adequate controls in place including the security of your data and Personal Information.
Retention
9.1 Ordinarily, we will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. If you are a registered user for the Platform, then we usually will retain your Personal Information as long as you maintain your account and for a period of 1 month following the account’s closure.
9.2 You may close your account by contacting us. You may also request deletion of your Personal Information by contacting us. If your Personal Information is deleted, then your account may become deactivated. If your account is deactivated or you ask to close your account, you will no longer be able to use our website.
9.3 Unless you request that we delete your Personal Information, we may retain your Personal Information as long as you are registered to the Platform as a User and for an additional period as is permitted or required under applicable laws. Even if we delete your Personal Information it may persist on backup or archival media for an additional period of time for legal, tax or regulatory reasons or for legitimate and lawful business purposes.
Exclusions
10.1 Links: Our Platform may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites, and have no control over or rights in those linked websites. The privacy policies that apply to those other websites may differ substantially from our Privacy Policy, so we encourage individuals to read them before using those websites.
10.2 Children - Children's Online Privacy Protection Act: We do not knowingly collect Personal Information from children under the age of thirteen (13). If you are under the age of thirteen (13), please do not submit any Personal Information through the Platform. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information through the Platform without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to us through the Platform, please contact us and we will endeavour to delete that information from our databases.
10.3 Personal Information Provided to Others: This Privacy Policy does not apply to any Personal Information that you provide to another User or visitor through the Platform or through any other means, or information posted by you to any public areas of the Platform.
Accessing or correcting your Personal Information
11.1 Up to two times every year, you can access the Personal Information we hold about you by contacting us. Sometimes, we may not be able to provide you with access to all of your Personal Information and, where this is the case, we will tell you why. We may also need to verify your identity when you request your Personal Information.
11.2 If you think that any Personal Information we hold about you is inaccurate, please contact us and we will take reasonable steps to ensure that it is corrected.
11.3 We will consider and respond to all requests in accordance with all applicable laws.
GDPR Privacy
12.1 To the extent that the GDPR or UK GDPR applies to us and your Personal Information, this clause applies.
Legal Basis for Processing Personal Information under GDPR
12.2 We may process Personal Information under the following conditions:
a) Consent: You have given your consent for processing Personal Information for one or more specific purposes.
b) Performance of a contract: Provision of Personal Information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof.
c) Legal obligations: Processing Personal Information is necessary for compliance with a legal obligation to which we are subject.
d) Vital interests: Processing Personal Information is necessary in order to protect your vital interests or of another natural person.
e) Public interests: Processing Personal Information is related to a task that is carried out in the public interest or in the exercise of official authority vested in us.
Legitimate interests: Processing Personal Information is necessary for the purposes of the legitimate interests pursued by us.
12.2 In any case, we will gladly help to clarify the specific legal basis that applies to the processing, and in particular, whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
12.3 Your Rights under the GDPR: We undertake to respect the confidentiality of your Personal Information and to guarantee you can exercise your rights.
You have the right under this Privacy Policy, and by law if you are within the EU or the UK, to:
a) Request access to your Personal Information. The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request the deletion of your Personal Information directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you. This also enables you to receive a copy of the Personal Information we hold about you.
b) Request correction of the Personal Information that we hold about you. You have the right to have any incomplete or inaccurate information we hold about you corrected.
c) Object to processing of your Personal Information. This right exists where we are relying on a legitimate interest as the legal basis for our processing and there is something about your particular situation, which makes you want to object to our processing of your Personal Information on this ground. You also have the right to object where we are processing your Personal Information for direct marketing purposes.
d) Request erasure of your Personal Information. You have the right to ask us to delete or remove Personal Information when there is no good reason for us to continue processing it.
e) Request the transfer of your Personal Information. We will provide to you, or to a third party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
f) Withdraw your consent. You have the right to withdraw your consent to us using your Personal Information. If you withdraw your consent, we may not be able to provide you with access to certain specific functionalities of the Services.
12.4 Exercising your GDPR Data Protection Rights:
a) You may exercise your rights of access, rectification, cancellation and opposition by contacting us. Please note that we may ask you to verify your identity before responding to such requests. If you make a request, we will try our best to respond to you as soon as possible.
b) You have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, if you are in the European Economic Area (EEA) or the UK, please contact your local data protection authority in the EEA or the UK.
United States privacy laws
13.1 To the extent that the Privacy Act (US), the Spam Act, and/or the California Privacy Laws apply to us and to your Personal Information, this clause applies.
13.2 If you live in the United States of America, depending on which US state you live in, you may have rights under certain US state data protection laws, including the right to:
a) know whether or not we are processing your Personal Information;
b) access and obtain a copy of the Personal Information you have previously shared with us;
c) correct inaccuracies in your Personal Information;
d) request the deletion of your Personal Information;
e) fair treatment and non-discrimination for exercising your rights;
f) opt out of the processing of your Personal Information if it is used for targeted advertising (or sharing as defined under California’s privacy law), the sale of Personal Information, or profiling;
g) obtain a list of the categories of third parties to which we have disclosed Personal Information;
h) limit the use and disclosure of sensitive Personal Information; and/or
i) withdraw your consent to our processing of your Personal Information. These rights may be limited in some circumstances by applicable law.
13.3 If you live in California:
a) the Shine the Light Law permits you to request and obtain from us, once a year and free of charge, information about the categories of Personal Information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared Personal Information in the immediately preceding calendar year;
b) the CCPA entitles you to access your Personal Information held by us twice a year, within 45 days of a written request by you. Under this law, we may in certain circumstances charge a reasonable fee to you for providing such information, or refuse to respond to the request, but if so we will notify you;
c) the CalOPPA requires us to let you know how we respond to web browser Do-Not-Track signals (DNT Signals). Because there currently is not an industry or legal standard for recognising or honouring DNT Signals, we do not respond to them at this time. However, if a standard for online tracking is adopted that we must follow in the future, we will inform you about that practise in a revised version of this Privacy Policy.
13.4 If this clause 13 applies to you, to exercise any of the rights which apply to you, please submit your request to us in writing by using the contact details provided in clause 15 of this Privacy Policy. Under certain US state data protection laws, you can designate an authorised agent to make a request on your behalf. We may deny a request from an authorised agent that does not submit satisfactory proof that they have been validly authorised to act on your behalf in accordance with applicable laws.
Making a complaint
14.1 If you think we have breached the Data Protection Laws or any other relevant privacy law, or you wish to make a complaint about the way we have handled your personal information, you can contact us. Please include your name, email address and/or telephone number and clearly describe your complaint.
14.2 We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.
Contact Us
15.1 For further information about our Privacy Policy or practices, or to access or correct your Personal Information, or make a complaint, please contact us:
15.2 Email: hello@1template.io
15.3 Last Modified: August 14, 2024
