Privacy Policy, Disclaimer, and T&Cs

This privacy policy was modified on 14 January 2021:

Who we are

Hey guys, Shae here. This is where I outline how we use the data that we collect on thebrighteyedexplorer.com, and what your and our rights are when you use thebrighteyedexplorer.com, a website operated by The Bright Eyed Explorer based in Melbourne, Australia. I want to be transparent with you. Please take a moment to read through this privacy policy so that you know how your data helps to make this site the best resource possible and what you agree to when you use the site.

What personal data we collect and why we collect it

A. Personal data is information that can be used to identify you such as your name, IP address, and email address. As a business, we collect personal data from you in a number of ways including:

(1.) Opt-In To email newsletters: Your email address.

(2.) Transactions for working with me, books and photography: Your name, email address, billing information and payment source.

(3.) Submitting questions about working with the Bright Eyed Explorer, Books & Photography: Your name, email address, and question.

B. What is the purpose of processing your personal data?

We collect the information above for the following purposes:

(1.) Opt-In To Email Newsletters: To provide you with information on The Bright Eyed Explorer’s new offerings and posts.

(2.) Transactions: To process a purchase you make with us.

(3.) Submitting Questions about working with The Bright Eyed Explorer, Books & Photography: To answer questions you might have for us.

C. What legal basis do we have for collecting and processing your information?

Websites must have a legal basis for collecting information from individuals located in the European Union. Our legal basis for each of the ways we collect information from you is as follows. Please note where consent forms the basis, you can withdraw consent at any time by opting out of any email message using the “unsubscribe” link.

(1.) Opt-In To Email Newsletters: We will ask for your consent first.

(2.) Transaction: We will collect your information as part of a legal contractual transaction.

(3.) Submitting Questions: We have an allowed legitimate interest in providing a response to your questions and need to use your data to do so. We will not use the data for other purposes.

“Legitimate interests” for processing your personal information exist where you submit the information with an expectation that it will be processed and there is no undue impact on you. If you disagree or have questions, please contact us and we will cease the processing of your data under this legal basis.

The Bright Eyed Explorer will not sell, trade, or rent your personal information to others. We do not automatically log personal data nor do we link information automatically logged by other means with personal data about specific individuals. We may use IP addresses to compile and provide aggregate statistics about our visitors, traffic patterns, and administer the site. IP addresses are not linked to personally identifiable information. We collect only the personal data that you may volunteer while using our services. We do not collect information about our visitors from other sources, such as public records or bodies, or private organizations.

Comments

When visitors leave comments on the site, we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection. This information is not displayed publicly, and we do not share it with any third parties. Anything you contribute to the site becomes property of The Bright Eyed Explorer, please see the T&Cs below to understand our ownership rights.

Cookies

Similar to other commercial websites, our website utilises a standard technology called “cookies” and server logs to collect information about how our site is used. Information gathered through cookies and server logs may include the date and time of visits, the pages viewed, time spent at our site, and the websites visited just before and just after our own, as well as your IP address.

A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a website, that site’s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites.

The Company reserves the right to use technological equivalents of cookies, including social media pixels. These pixels allow social media sites to track visitors to outside websites so as to tailor advertising messages users see while visiting that social media website. The Company reserves the right to use these pixels in compliance with the policies of the various social media sites.

Third Party Use of Cookies

Some content or applications, including advertisements, on the Website are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioural) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

Statistics

This site uses Google Analytics which is one of the most widespread and trusted analytics solutions on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.

Opting out of Cookies

You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). You can also opt out of tracking by many companies using cookies via the Network Advertising Initiative Consumer Opt-Out.

Affiliate Programs

The Website engages in affiliate marketing, which is done by embedding tracking links into the Website. If you click on a link for an affiliate partnership, a cookie will be placed on your browser to track any sales for purposes of commissions.

The Bright Eyed Explorer is a participant in the Be My Travel Muse affiliate program. This is an affiliate advertising programs designed to provide a means for sites to earn advertising fees.

Ads

We may use third-party advertising companies, such as Google Ads, to serve content and advertisements when you visit the Website, which may use cookies. No personally identifiable information is shared with the Website’s ad providers.

From time to time, the Website may engage in remarketing efforts with third-party companies, such as Google, Facebook, or Instagram, in order to market the Website. These companies use cookies to serve ads based on someone’s past visits to the Website.

Payments

If you purchase products or services from us, we will collect certain information from you, including your name, address, email address, and information about the product or service you are purchasing. Payments are processed by third-party payment processors (e.g., PayPal), so please refer to the applicable processor’s terms and privacy policy for more information about how payment information is processed and stored.

GDPR Information

If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation. Those rights include:

  • You may opt-out of future email communications by following the unsubscribe links in our emails. You may also notify us at connect@thebrighteyedexplorer.com to be removed from our mailing list.
  • You may access the personal information we have about you by submitting a request to connect@thebrighteyedexplorer.com.
  • You may contact connect@thebrighteyedexplorer.com to amend or update your personal information.
  • You may request that we erase or forget your personal data. To do so, please submit a request to connect@thebrighteyedexplorer.com

We will retain any information you choose to provide to us until the earliest of: (a) you asking us to delete the information, (b) our decision to cease using our existing data providers, or (c) we decide that the value in retaining the data is outweighed by the costs of retaining it.

You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.

We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.

Terms and Conditions

1. Copyright, Licenses, Idea Submissions and Trademarks.

The entire contents of the Site are protected by all applicable copyright and trademark laws. The owner of the copyrights and trademarks is Shae Isaac (The Bright Eyed Explorer), its affiliates, successors, beneficiaries, or other third party licensors. YOU MAY NOT COPY, MODIFY, REPRODUCE, REPUBLISH, POST, UPLOAD, OR DISTRIBUTE OR TRANSMIT, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may only print and download portions of material from the different areas of the Site solely for your own non-commercial use on the condition that you agree not to change or delete any copyright or proprietary notices from the site(s). You agree to grant to The Bright Eyed Explorer a non-exclusive, royalty-free, worldwide, perpetual license, with the right to reproduce, distribute, transmit, sub-license, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to The Bright Eyed Explorer by all means and in any media now known or hereafter developed. You also grant to The Bright Eyed Explorer the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against The Bright Eyed Explorer for any alleged or actual infringement or misappropriation of any proprietary right in your communications to The Bright Eyed Explorer. Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of The Bright Eyed Explorer. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

2. Use of the Site and Disclaimer of all Warranties.

You understand that, except for information, products or services clearly identified as being supplied by The Bright Eyed Explorer sites, The Bright Eyed Explorer does not operate, control or endorse any information, products or services on the Internet in any way. Except for sites mentioned above, identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with The Bright Eyed Explorer or sites. You also understand that The Bright Eyed Explorer cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

You assume total responsibility and risk for your use of the site and the Internet. The Bright Eyed Explorer provides the site and related information ‘as is’ and does not make any express or implied warranties, representations, or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise, information, or service provided through the service or on the Internet generally, and The Bright Eyed Explorer shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. The Bright Eyed Explorer DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS. The Bright Eyed Explorer HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

The Bright Eyed Explorer makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non- The Bright Eyed Explorer web site(s), please understand that it is independent from The Bright Eyed Explorer, and that The Bright Eyed Explorer has no control over the content on that web site. In addition, a link to The Bright Eyed Explorer does not mean that The Bright Eyed Explorer endorses or accepts any responsibility for the content, or the use, of such web site.

3. LIMITATION OF LIABILITY.

IN NO EVENT WILL The Bright Eyed Explorer BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF The Bright Eyed Explorer OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE(S). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, The Bright Eyed Explorer LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

4. Indemnification.

You agree to indemnify, defend and hold harmless The Bright Eyed Explorer, its affiliates, successors, joint venturers, partners, officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including but not limited to negligent or wrongful conduct) by you or any other person accessing the Service.

5. Third Party Rights.

The provisions of paragraphs 2 (Use of the Site and Disclaimer of all Warranties), and 4 (Indemnification) are for the benefit of The Bright Eyed Explorer and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions.

6. Term; Termination.

The provisions of paragraphs 1 (Copyright, Licenses, Idea Submissions and Trademarks), 2 (Use of the Site and Disclaimer of all Warranties), 3 (Limitation of Liability),  4 (Indemnification), 5 (Third Party Rights) and 7 (Miscellaneous) shall survive termination of this Agreement.

7. Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of Australia applicable to agreements made and to be performed in Australia. You agree that any legal action or proceeding between The Bright Eyed Explorer and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction in Australia. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. The Bright Eyed Explorer’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. The Bright Eyed Explorer may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights of The Bright Eyed Explorer not expressly granted herein are reserved.

Changes

We may change the T&Cs and Privacy Policy from time to time. If we do, we will let you know by revising the date at the top of the policy. If we make a change to this policy that, in our sole discretion, is material, we will provide you with additional notice. We encourage you to review the Privacy Policy whenever you access or use our Services or otherwise interact with us to stay informed about our information practices and the ways you can help protect your privacy. If you continue to use our Services after Privacy Policy changes go into effect, you consent to the revised policy. If you do not consent, you must stop using the site and its associated social channels and services immediately.

Contact Information

If you have questions or comments regarding the Privacy Policy, you may reach us at:

The Bright Eyed Explorer
connect@thebrighteyedexplorer.com