Effective Date to Todays: December 1, 2020

Welcome to the website of 1 HATT Operations Pty Ltd (collectively with any subsidiaries and affiliates, “1HATT”, “Company”, “we”, “us” and/or “our”). We have prepared this Privacy Notice (“Privacy Notice”) to explain how we collect, use, protect and disclose your information when you use the 1HATT website https://www.1hatt.com.au, or https://app.1hatt.com.au, or any other websites on which this Privacy Notice appears (“Sites”) and 1HATT services, including any software, mobile applications, products, devices or other services offered by 1HATT from time to time and other services offered through third parties integrating 1HATT functionality (collectively, “Services”).

It also describes the choices available to you regarding the use of, your access to, and how to update and correct your personal information. “You” or “Client” refers to you as a user of the Sites or Services. The use of information collected through our Service shall be limited to the purpose of providing the service for which the Client has engaged 1HATT.

General

About 1HATT

1HATT is a leading provider of cloud-based construction and mining management software, headquartered in Brisbane. 1HATT’s project management platform connects people, applications, and devices through a unified platform that helps construction and mining firms manage risk and build quality projects, safely, on time, and within budget.

For more information, please see the “About Us” section of our Website at
https://www.1hatt.com.au/

Information We Collect

Information You Provide to Us

We collect information that personally identifies you and other personal information about you or users whose information you provide to us when you sign up for or use the Sites or Services (“Personal Information”). This may include:

• your name, phone number or other contact details, and the company you work for;

• your username, password, and email when you register for an account to use the Services;

• the Profile information you provide us when you create your account profile to use any of the Services (“Profile”) to help you and others be located through the Services;

• information about other individuals when you add users through the use of our Services and the capacity in which they may use data within our application;

• credit card or other financial account information in connection with your order to purchase the Services;

• any information that you upload to the Sites and/or input into your account; and

• any other information you may provide to us voluntarily through your use of our Sites and Services.

The decision to provide this information is optional. However, if you choose not to provide the requested information, you may not be able to use some or all of the features of the Sites or Services. Where this is the case, we will make this clear at the point we ask you to provide the information.

We may receive information about you from other sources, including your company or third parties who are 1HATT customers, and combine this data with information we already have about you. This helps us update, expand, and analyze our records. If you give us information about others, or others give us your information, we will only use that information for the specific reason for which it was provided to us. To request removal of your personal information, contact us using the information provided in the “How to Contact Us” section below.

Testimonials

We display personal testimonials of satisfied customers on our site in addition to other endorsements. By posting a testimonial, you give your consent for 1HATT to use your testimonial in all media along with your name. If you wish to update or delete your testimonial, you can contact us using the information provided in the “How to Contact Us” section below.

Blog

Our website offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us using the information provided in the “How to Contact Us” section below. In some cases, we may not be able to remove your personal information.

Information We Collect Automatically

We automatically collect information regarding the actions you take on the Sites and Services. In some countries, including countries in the European Economic Area (“EEA”), this information is considered personal information under applicable data protection laws. Usage Data helps us understand trends in our users’ needs so that we can better consider new features or otherwise tailor our Services. We may share Usage Data about our users with third parties for various purposes, including to help us better understand our customers’ needs and improve our Services. When you use the Sites or Services, some examples of the Usage Data we may collect could include:

• the type of Web browser you use;

• your operating system;

• your web request;

• your Internet Service Provider;

• your IP address;

• referring/exit pages and URLs;

• the pages you view and how you interact with links on the Services;

• comments and other content you post via the Services;

• the fact that you have posted comments;

• the time and duration of your visits to the Sites or use of the Services; and

• other such information relating to your devices, and your activity on our Sites and Services.

We may store such Usage Data itself and/or such information may be included in databases owned and maintained by 1HATT affiliates, agents or service providers. We may use such information and pool it with other information to track, for example, the total number of visitors to our Sites or users of our Services, the number of visitors to each page of our Sites, etc. We use this information to help us understand how people use the Sites and Services and to enhance the Sites and Services.

Our mobile application may collect certain additional information automatically, including, but not limited to, the type of mobile device you use, your mobile device’s unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, available storage space, connection type (e.g. WiFi vs. cellular) and information about the way you use the application. We may also use GPS technology (or other similar technology) to determine your current location. If you do not want us to have your location information, you should turn off the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile application.

Single Sign-On

You can log in to our site using sign-in services such as Google or an Open ID provider. These services will authenticate your identity, provide you the option to share certain personal information (such as your name and email address) with us, and to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this website to your profile page to share with others within your network.

Social Media Widgets

Our website includes Social Media Features, such as the Facebook Like button, and Widgets, such as the Share this button or interactive mini-programs that run on our website. These Features may collect your Internet protocol address, which page you are visiting on our website, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our website. Your interactions with these Features are governed by the privacy statement of the company providing it.

Tracking Technologies

Cookies and Web Beacons

We use cookies (a small text file placed on your computer to identify your computer and browser). We may also use Web beacons (a file placed on a website that monitors usage). We use cookies and Web beacons to improve the experience of the Sites and Services, such as pre-populating your username for easier login, to allow user-specific messaging or to permit user-specific advertising. However, we have a Cookie Consent Manager in place to solicit consent and provide more information in such instances where cookies are used.

We do not use cookies or Web beacons to collect Personal Information. Most Web browsers are initially set up to accept cookies. At this time, 1HATT does not recognize automated browser signals regarding tracking, including “do-not-track” signals. You can remove persistent cookies and change your privacy preferences by following directions provided in your Internet browser’s “help” directory. However, certain features of the Sites or Services may not work if you delete or disable cookies. Some of our Service Providers may use their own cookies and Web beacons in connection with the services they perform on our behalf, as further explained below.

We and our partners use similar technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. Users can control the use of cookies at the individual browser level.

We use mobile analytics software to allow us to better understand the functionality of our Mobile Software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data and where the application was downloaded. We link certain information we store within the analytics software to authorized users for customer usage and metrics and to aid in customer success.

How We Use Your Information

We may use your Personal Information for the following purposes:

• Provision and Monitoring of the Services: We will use your Personal Information to provide you with access to and to support your use of the Services and to monitor your use of the Services. We will also give you the opportunity to store, review and edit Personal Information and other information on the Sites.

• Surveys, Contests and Other Special Offers: From time to time, we may offer our users the opportunity to participate in surveys, contests and other special offers. If you elect to participate in these services, you will need to provide certain Personal Information.

• Questions and Requests: If you contact us by email or otherwise, we will use the Personal Information you provide to answer your question or resolve your problem.

• Contacting You About Other Products, Services and Events: 1HATT and, if you opt-in, third parties may use your Personal Information to contact you in the future to tell you about products, services and events that may be of interest to you. You can find information on how to opt-out of contact from 1HATT in the “Your Rights” section below.

• Research and Data Analysis: In an ongoing effort to better understand and serve the users of the Sites and the Services, 1HATT may conduct research on its customers’ and users’ demographics, interests and behaviour based on Usage Data and other information provided to us. This data may be compiled and analyzed on an aggregate basis, and 1HATT may share this data with advertisers, researchers, business partners, publications, and other third parties. This information will not identify you or users personally.

• Service Improvement: We may use your Personal Information, aggregated Personal Information and other information collected through the Sites and Services to help us improve the content and functionality of the Sites, to better understand our users and to improve the Services.

• Order Fulfillment: We may use your Personal Information that you provide to fulfil any orders you may place for Services offered by 1HATT.

Who We Share Your Personal Information With

You may make certain of your Personal Information available to others, such as your name or username, for example when you create a profile or submit public queries. This information may be accessed by users who use the Sites or Services and may be accessed by commercial search engines such as Google, Yahoo, and Bing to the extent that such engines are permitted to access the Sites or Services.

We may disclose your Personal Information to the following categories of recipients:

• to our subsidiaries who provide data processing services to us (for example, to support the delivery of our Services);

• to co-sponsors of events you attend, or other businesses that we believe to be trustworthy and have privacy practices consistent with ours (“Service Providers”). For example, we contract with Service Providers to provide certain services, such as hosting and maintenance, accounting, data analytics and data storage and management, and marketing and promotions, most of which are located in Australia and India. We only provide our Service Providers with the information necessary for them to perform these services on our behalf. Each Service Provider must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect your Personal Information from unauthorized access, use or disclosure. Service Providers are prohibited from using Personal Information other than as specified by 1HATT;

• in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. 1HATT will cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose Personal Information and any other content and information about you to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate in order to respond to or comply with legal requests (including court orders and subpoenas), to protect the safety, property or rights of 1HATT or of any third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law;

• to a potential buyer (and its agents and advisers) in connection with any proposed purchase, merger or acquisition of any part of our business, provided that we inform the buyer it must use your personal information only for the purposes disclosed in this Privacy Notice;

• to any other person with your consent to the disclosure.

Advertising

We also may share information with third-party ad servers, ad networks, and data exchanges (“Advertisers”) so that they can tailor their advertisements to your apparent interests and deliver those advertisements to you while you are either on our Sites or using our Services. These companies may place or recognize a unique cookie on your computer or use other technologies such as Web beacons to conclude that you have an interest in and to display a relative advertisement instead of a random advertisement. In addition, Advertisers use technologies (such as cookies, pixels, and Web beacons) to collect information about your browsing behaviour on our Sites and via our Services which they may match with the information they have previously collected. Our Privacy Notice does not cover any use of information that Advertisers may collect from you or that you choose to provide to them. For information about how to opt-out of receiving certain behavioural advertisements, please visit this website (or this one if located in the European Union). Please note this does not opt you out of being served ads. You will continue to receive generic ads.

Be Careful When You Share Information with Others

Please be aware that whenever you share information on a publicly available page or any other public forum on the Sites or Services, others may access that information. In addition, please remember that when you share information in any other communications with third parties, that information may be passed along or made public by others. This means that anyone with access to such information can potentially use it for any purpose, including sending unsolicited communications.

Security

We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of Personal Information and other information transmitted to us. For example, we control physical building access and monitor our offices with video surveillance; authorized staff utilize multi-factor authentication mechanisms to access development and engineering locations, and we have implemented security training for all new employees. However, no data transmission over the Internet or other networks can be guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through the Sites or Services, we cannot and do not guarantee the security of any information you transmit on or through the Sites or Services, and you do so at your own risk. If you have any questions about the security of your personal information, you can contact us using the information provided in the “How to Contact Us” section below.

We take reasonable steps to protect your Personal Information from misuse, interference, and loss, and from unauthorised access, modification, or disclosure. Access and Correction You have the right to request access to, and correction of, the Personal Information we hold about you by contacting us using the contact details set out in the Privacy Notice. We take reasonable steps to protect your Personal Information from misuse, interference, and loss, and from unauthorised access, modification, or disclosure. Access and Correction You have the right to request access to, and correction of, the Personal Information we hold about you by contacting us using the contact details set out in the Privacy Notice.

Children’s Privacy

We do not knowingly collect Personal Information from children under the age of 13. If we become aware that we have inadvertently received Personal Information from a child under the age of 13, we will delete such information from our records.

International Data Transfers

Your Personal Information may be transferred to and processed in, countries other than the country in which you are a resident. These countries may have data protection laws that are different from the laws of your country (and, in some cases, may not be as protective). Specifically, our Sites and Services are hosted in Australia and our group companies and third-party service providers operate around the world.

However, we have taken appropriate safeguards to require that your personal information will remain protected in accordance with this Privacy Notice.

Legal Basis for Processing Personal Information (EEA Visitors Only)

If you are a visitor from the EEA, our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it. However, we will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need personal information to protect your vital interests or those of another person. If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information, or for more details on our legitimate interests, please contact us using the contact details provided in the “How to Contact Us” section below. See the section below entitled “Privacy for 1HATT Platform Users.” In most cases, 1HATT is acting on the instructions of its Clients, who determine the legal basis.

Data Retention

We will retain your information for as long as your account is active or where we have an ongoing business need to do so (for example, to comply with applicable, legal, tax, or accounting requirements). We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. When we have no ongoing legitimate business need to process your personal information, we will either delete or de-identify it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

Your Rights

Upon request, 1HATT will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. You can always review, correct, delete or update your Personal Information by changing the relevant settings in your 1HATT account or by emailing us. We will respond to your request at the latest within a month.

You can opt-out of receiving certain emails by changing notification settings on the Sites or in our applications, clicking the unsubscribe link provided in an email, or by emailing us. If you have questions or concerns regarding this Privacy Notice, please contact us using the information provided in the “How to Contact Us” section below.

Privacy for 1HATT Platform Users

1HATT collects information under the direction of its Clients and has no direct relationship with the individuals whose personal data it processes. If you are a customer of one of our Clients and would no longer like to be contacted by one of our Clients that use our service, please contact the Client that you interact with directly. We may transfer personal information to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our Clients. 1HATT acknowledges that you have the right to access your personal information. 1HATT has no direct relationship with the individuals whose personal data it processes on behalf of its Clients.

An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to the 1HATT’s Client (the data controller). If requested to remove data by our Client we will respond in line with appropriate data protection laws.

We will retain personal data we process on behalf of our Clients for as long as needed to provide services to our Client. 1HATT will retain this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Rights of EEA Users

If you are a visitor from the EEA, you have the following data protection rights:

• If you wish to access your Personal Information, you can do so at any time by contacting us using the contact details provided in the “How to Contact Us” section below. If you wish to correct, update or request deletion of your personal information, you can always do so by changing the relevant settings in your 1HATT account or emailing us.

• In addition, if you are a resident of the EEA, you can object to the processing of your Personal Information, ask us to restrict processing of your personal information or request portability of your personal information. Again, you can exercise these rights by contacting us using the contact details provided in the “How to Contact Us” section below.

• You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), then please contact us using the contact details provided in the “How to Contact Us” section below.

• Similarly, if we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

• You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. (Contact details for data protection authorities in the EEA, Switzerland and certain other countries (including the US) are available here.)

We respond to all requests we receive from individuals wishing to exercise their data protection rights promptly and at the latest within a month. However, see above section for situations when Personal Information has been collected by a Client of 1HATT’s that has contracted with us for use of the Services. You should contact them directly to exercise your data protection rights and refer to their separate privacy notices.

Third Parties/Links

Our Sites and Services may contain links or integrate with other websites and online services, or allow others to send you such links. 1HATT is not responsible or liable for any damage or loss related to your use of any third-party website or online service. You should always read the terms and conditions and privacy policy of a third-party website or online service before using it, whether directly or in connection with your use of the Sites or Services. Third parties may collect, but we do not authorize them to collect, personally identifiable information about your online activities over time and across different websites when you use the Sites or Services.

Privacy Policy Changes

From time to time, we may change this Privacy Notice. When we do, we will take appropriate measures to inform you, consistent with the significance of the changes we make; for example, we may give you or our Client notice by posting the revised Privacy Notice on the Sites prior to the change becoming effective.

Those changes will go into effect on the effective date shown in the revised Privacy Notice. You can see when this Privacy Notice was last updated by checking the “Effective date” displayed at the top of this Privacy Notice.

Please print a copy of this privacy policy for your records.

How to Contact Us

If you have any questions or concerns about our use of your personal information, please contact us using the following details: 1 HATT Operations Pty Ltd contact@1hatt.com.au For the purposes of EU data protection legislation, the data controller of your personal information is: • 1 HATT Operations Pty Ltd if you are a visitor to the Sites • The relevant Client if you are a user of our Services.

Supplementary Privacy Notice for Australia

If you are located in Australia, the following applies to you:

Effective Date: December 1, 2020

This addendum (“Addendum for Australia”), together with the Privacy Notice above, explains how 1HATT collects, holds, uses, and discloses personal information of individuals in Australia (“Australian Data Handling”). Together, the Privacy Notice and this Addendum for Australia constitute 1HATT’s APP privacy policy for the purposes of the Privacy Act 1988 (Cth) (“Privacy Policy”).

To the extent of any inconsistency between this Addendum for Australia and the Privacy Notice, this Addendum for Australia will prevail.

The terms of this Addendum for Australia do not limit 1HATT’s rights under the Privacy Act 1988 (Cth).

Collection of Information

1HATT collects the kinds of Personal Information mentioned in the Privacy Notice directly from you when you use the 1HATT Sites and Services. If you do not provide your personal information to us, we may not be able to provide our Services to you. We will not collect sensitive information from you without your consent, unless we are required, authorised, or permitted by law to do so. In this context, sensitive information is information or an opinion about racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, health information about an individual, genetic information about an individual that is not otherwise health information, biometric information that is to be used for the purpose of automated biometric verification or biometric identification and/or biometric templates. In some cases, we may collect Personal Information from you about other individuals whom you have signed up as users of our Services. By providing this information, you represent to us that you are authorised to provide the information to us and have complied with your privacy obligations in relation to the collection, use, and disclosure of the information including disclosing to the individuals that the information would be provided to us.

Use and Disclosure of Information

1HATT collects, holds, uses, and discloses Personal Information for the purposes set out in the Privacy Notice or as otherwise permitted by law.

Your Personal Information may be disclosed or transferred, and processed by, our Service Providers located outside of Australia, including those in Australia.

Personal Information that is disclosed to the public through our Service will continue to be treated as Personal Information and handled in accordance with this Privacy Policy.

Location Information

Users of 1Hatt’s Work Map feature are bound by the Google Maps/Google Earth Additional Terms of Service, including the Google Privacy Policy. 1 HATT Operations Pty Ltd is bound by the Privacy Act 1988 (Crh), which sets out a number of principles concerning the privacy of individuals.

How to Contact Us/ Complaints

about that breach, please contact us using the contact details set out in the Privacy Notice. We will endeavour to respond to any complaint within a reasonable period. If you are not satisfied with our response to your complaint you may seek a review by contacting the Office of the Australian Information Commissioner using the information available at https://www.oaic.gov.au/privacy/privacy-complaints/

Personal information

Collection of your personal information

There are many aspects of the site which can be viewed without providing personal information, however, for access to future 1 HATT Operations Pty Ltd customer support features you are required to submit personally identifiable information. This may include but not limited to a unique username and password or provide sensitive information in the recovery of your lost password.

Sharing of your personal information

We may occasionally hire other companies to provide services on our behalf, including but not limited to handling customer support enquiries, processing transactions or customer freight shipping. Those companies will be permitted to obtain only the personal information they need to deliver the service. 1 HATT Operations Pty Ltd takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.

Use of your personal information

For each visitor to reach the site, we expressively collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalized content to you while you are at this Site. From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices.

Accessing Your Personal Information

You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. 1 HATT Operations Pty Ltd reserves the right to charge a fee for searching for, and providing access to, your information on a per request basis.

Changes to this Privacy Policy

1 HATT Operations Pty Ltd reserves the right to make amendments to this Privacy Policy at any time. If you have objections to the Privacy Policy, you should not access or use the Site.

User Terms of Service

Updated as of December 1, 2020

The https://app.1hatt.com.au and https://www.1hatt.com.au websites, and any other website on which these Terms of Service appear (the “Websites”), and any software, mobile applications, products, devices or other services offered by 1HATT from time to time and other services offered through third parties integrating 1HATT functionality (collectively, “Services”), are made available by 1 HATT Operations Pty Ltd (“1HATT”). You may access and utilize the Websites and Services only under the following terms and conditions (“Terms of Service”).

These Terms of Service apply to all users of the Websites and Services. By using the Websites and Services you signify your acceptance of these Terms of Service, 1HATT’s Privacy Notice, and 1HATT’s Copyright Policy, which are incorporated by reference into these Terms of Service and made a part hereof. If you do not agree to the Terms of Service, you must discontinue using the Websites and Services.

To the extent that your use of the Services is governed by a Master Services Agreement, the Master Services Agreement shall control in the event of a conflict with these terms.

Website Limited License

As a user of the Websites and Services, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Websites and Services in accordance with these Terms of Service. 1HATT may terminate this license at any time for any reason. To the extent use of the Websites and Services requires login information, the foregoing does not automatically grant you a right of access and you must obtain login information as required by the Websites and Services

Limitations On and Scope of Use

Any unauthorized use of the Websites and Services is prohibited. You may not use the Websites and/or Services to:

  1. Copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Websites or the Services.
  2. Manually extract, decompile, reverse engineer, disassemble or create derivative works from the Websites or the Services.
  3. Determine the site architecture or extract data or information about usage, individual identities of other users of the Websites or the Services via the use of any network monitoring or discovery software or otherwise.
  4. Monitor, copy, scan, preview, index, mirror, ping or validate the Websites or the Services via robot, spider, other automatic software or device, process, approach or methodology, manual or otherwise (methods such as web scraping, harvesting, data extraction, data validation or verification are prohibited).
  5. Transmit any computer virus, worm, defect, trojan horse, or any other item of a destructive nature, or to upload any virus or malicious code.
  6. Transmit any false, misleading, fraudulent or illegal communications, information or data.
  7. Phish, spoof, commit illegal or fraudulent activity or violate laws in your jurisdiction.
  8. Access unauthorized information.
  9. Solicit information from minors or harm or threaten to harm minors.
  10. Attack, threaten violence, stalk, harass, incite, harm, or intimidate any other user, person or organization, or engage in any other threatening behavior.
  11. Transmit or post any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libellous, fraudulent, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
  12. Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, contests, pyramid schemes, surveys, or any other form of solicitation or mass messaging, whether commercial in nature or not.
  13. Export or re-export this Website or any portion thereof in violation of the export control laws and regulations of Australia.

Intellectual Property Rights

Except as expressly provided in these Terms of Service, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under the copyright or other intellectual property rights. You agree that the Websites and Services are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. 1HATT, the 1HATT logo, and all other 1HATT trademarks, service marks, product names, and trade names of 1HATT appearing on or in conjunction with the Websites and Services are owned by 1HATT. 1HATT does not grant you the right to use or display any trademark, service mark, product name, trade name or logo appearing on the Websites or the Services without 1HATT’s prior written consent.

Linking to the Websites and Services

You may provide links to the Websites and Services, provided (i) you do not remove or obscure, by framing or otherwise, any portion of the web pages, the Terms of Service, or any notices on the Websites and Services and (ii) you discontinue providing links to the Websites and Services if requested by 1HATT.

License of Your Content to 1HATT

By posting, publishing, uploading, or distributing any data, information, text, graphics, links, messages, reviews, content, or other materials for use on the Websites or Services (other than on https://app.1hatt.com.au or on the mobile applications), you grant (or warrant that the owner of such rights has expressly granted) 1HATT a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with the right to sublicense, to use, modify, reproduce, publish, adapt, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such postings or incorporate such postings into any form, medium, or technology now known or later developed. You agree that you shall have no recourse against 1HATT for any alleged or actual infringement or misappropriation of any proprietary right in postings you provide to 1HATT.

Copyright Notices & Complaints

It is 1HATT’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). For more information about 1HATT’s DMCA procedures, please see our Copyright Policy. Your acceptance of these Terms and Conditions is also your consent to the copyright practices described in our Copyright Policy. 1HATT may terminate any user’s access to the Websites or Services if 1HATT determines that the user is a “repeat infringer.”

Relationship of 1HATT and You

You are an independent third party to the Websites and Services, and nothing in this Agreement will create or represent that there is any partnership, joint venture, agency, franchise, sales relationship, or employment relationship between you and 1HATT.

No Solicitation

You shall not distribute on or through the Websites or Services any postings or presentations of data containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization.

Registration

Certain sections of the Websites or Services may require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform 1HATT of any changes to that information. You understand that by registering with the Websites or Services, you may receive regular updates regarding new or existing 1HATT applications. You may request to unsubscribe by following the directions in such updates and 1HATT will permanently remove you from 1HATT’s registered list of subscribers.

Postings in Interactive Areas

If you participate in interactive areas on the Websites or Services, you shall not post, publish, upload or distribute any postings which are unlawful or abusive in any way. 1HATT may delete your postings at any time for any reason without notification of or permission from you, however, 1HATT has no obligation to monitor or screen postings and is not responsible for the content in such postings or any content linked to or from such postings. But 1HATT does reserve the right, in its sole discretion, to monitor interactive areas, screen postings, edit postings, cause postings not to be posted, published, uploaded or distributed, and remove postings, at any time and for any or no reason without notification of or permission from you.

No Expectation of Privacy

1HATT MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED TO OR FROM THIS WEBSITE. You acknowledge that any content you post on publicly accessible portions of the Websites or Services is a public and not private communication. Others may read and view your communications without your knowledge. 1HATT does not control or endorse the content, messages or information posted by other third-party users on the Websites or Services. 1HATT will not be liable for the privacy of any of your or any other third-party postings to the Websites or Services and specifically disclaims any liability resulting from such postings and communications, including any objectionable content. Please also see 1HATT’s complete Privacy Notice, incorporated into these Terms of Service by reference.

Errors and Corrections

1HATT does not represent or warrant that the Websites or Services will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. 1HATT does not warrant or represent that postings or information available on or through the Websites or Services will be correct, accurate, timely, or otherwise reliable. 1HATT may make improvements and/or changes to its features or functionality at any time.

Third-Party Content and Links

Third-party content may appear on the Websites or Services or may be accessible via links from this Website. 1HATT will not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Websites or Services. You understand that the information and opinions in the third-party content is neither endorsed by nor does it reflect the belief or opinion of 1HATT. Further, information and opinions provided by employees and agents of 1HATT in interactive areas of the Websites or Services are not necessarily endorsed by 1HATT and do not necessarily represent the beliefs and opinions of 1HATT. 1HATT, or other third-party users of the Websites or Services, may provide links to other websites or resources. 1HATT has no control over such sites and resources. You acknowledge and agree that 1HATT is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials contained in or available from such sites or resources. You acknowledge that use of any third-party website is governed by the terms of service and privacy policy for that website, which terms you are responsible for reading and reviewing, and not by these Terms of Service or 1HATT’s Privacy Notice. You further acknowledge and agree that 1HATT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any third-party site or resource. 1HATT reserves the right to disable any link or remove any third-party content at any time in its sole discretion.

DISCLAIMER

THE WEBSITES AND SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. 1HATT EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 1HATT DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITES OR SERVICES INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD-PARTY COMMUNICATIONS, (C) ANY THIRD-PARTY PLATFORMS, WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE WEBSITES OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THE WEBSITE OR SERVICES, (E) YOUR USE OF THE WEBSITE OR SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE OR SERVICES.

LIMITATION OF LIABILITY

1HATT SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE OR SERVICES, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA, OR ANY THIRD PARTY COMMUNICATIONS. 1HATT SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, THE INTERACTIVE AREAS, OR ANY THIRD-PARTY COMMUNICATIONS.

Indemnification

You agree to indemnify, defend and hold 1HATT, its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service by you or arising from or related to any postings submitted by you.

Governing Law

These Terms of Service are to be governed by and construed in accordance with the internal laws of the State of California, without regard for principles of conflicts of laws. Any action, claim, dispute or proceeding arising out of or relating to these Terms of Service shall be brought exclusively in the state and federal courts sitting in Santa Barbara County, California.

Privacy

Your use of this Website is subject to these Terms of Service and 1HATT’s Privacy Notice.

Severability of Provisions

These Terms of Service incorporate by reference any notices contained on this Website, the Privacy Notice, or the Copyright Policy, and constitute the entire agreement with respect to access to and use of this Website. In the event there is conflict amongst the terms of the foregoing, these Terms of Service prevail. If any provision of these Terms of Service is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

Modifications to Terms of Service

1HATT may, in its sole discretion, modify or revise these Terms of Service, including without limitation 1HATT’s Privacy Notice, at any time by posting the amended terms on the Websites or otherwise linking to them in the Services. 1HATT additionally will either (a) notify you via the email address you have associated with your account if you have registered with the Websites or Services, so you must ensure that 1HATT’s email is not filtered from your Inbox by your ISP or email software, or (b) post a notice on the Websites and Services that the Terms of Services and/or Privacy Notice has been updated. You agree that your use of this Website, after the date on which the Terms of Service changed, will constitute your acceptance of the updated Terms of Service, and that you agree to be bound by such modifications or revisions.

Copyright Policy

Reporting Claims of Copyright Infringement

1HATT takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Websites or Services infringe your copyright, you may request removal of those materials (or access to them) from the Websites or Services by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature
  • Identification of the copyrighted work you believe has been infringed or, if the claim involves multiple works on the Websites or Services, a representative list of such works
  • Identification of the material you believe to be infringing, in a sufficiently precise manner to allow us to locate that material
  • Adequate information to allow us to contact you (including your name, postal address, telephone number, and, if available, email address)
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law
  • A statement that the information in the written notice is accurate
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner

DMCA Notices may be sent to our Designated Copyright Agent at:

Copyright Agent
1 HATT Operations Pty Ltd
contact@1hatt.com.au

If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Websites or Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers

Inappropriate circumstances, 1HATT will disable and/or terminate the accounts of users who are repeat infringers.

Cookies Policy

Last updated: December 1, 2020

1HATT (“us”, “we”, or “our”) uses cookies on the http://1hatt.com.au website and the 1HATT mobile application (the “Service”). By using the Service, you consent to the use of cookies.

Our Cookies Policy explains what cookies are, how we use cookies, how third-parties we may partner with may use cookies on the Service, your choices regarding cookies and further information about cookies. This Cookies Policy for 1HATT has been created with the help of Cookies Policy Generator.

What are cookies

Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows the Service or a third-party to recognize you and make your next visit easier and the Service more useful to you.

Cookies can be “persistent” or “session” cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your web browser.

How 1HATT uses cookies

When you use and access the Service, we may place a number of cookies files in your web browser.

We use cookies for the following purposes:

  • To enable certain functions of the ServiceWe use both session and persistent cookies on the Service and we use different types of cookies to run the Service:Essential cookies. We may use essential cookies to authenticate users and prevent fraudulent use of user accounts.

What are your choices regarding cookies?

If you’d like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser. As a European citizen, under GDPR, you have certain individual rights. You can learn more about these rights in the GDPR Guide.

Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.

Where can you find more information about cookies

You can learn more about cookies and the following third-party websites:

Payments and Refunds

When you make a payment, you agree to use a valid payment method. If you have any query regarding the invoices, payment transactions please reach out to us at accounts@1hatt.com.au.

Payments

You agree to pay the amount that has been charged as per the invoice, and you authorize us to charge your debit or credit card or process other means of payment (such as Stripe, Paypal, POLI, direct debit, or other) for those fees. 1HATT works with third-party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure. Check out our Privacy Policy for more details. When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails, we reserve the right to disable access to your account for which we have not received the payments.

Refunds

If the prepaid subscription you purchased is not what you were expecting, you can request, within 30 days of your purchase of the plan, that 1HATT credit/refund your account. We reserve the right to apply a credit or a refund, at our discretion, depending on capabilities of our payment processing partners or the platform from which you purchased your Subscription (website, mobile). No credit or refund is due to you if you request it after the 30-day guarantee time limit has passed.

At our discretion, if we believe you are abusing our credit/refund policy, we reserve the right to ban your account and to restrict all future use of the Services. If we ban your account or disable your access to a Subscription due to your violation of these Terms or our Trust & Safety Guidelines, you will not be eligible to receive any credit or refund.