HomeTERMS AND PRIVACY

TERMS AND PRIVACY

Terms and Conditions & Privacy Policy

Last Updates and Effective as of: January 1st, 2021

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE AND THE PRODUCTS AND SERVICES PROVIDED HEREUNDER CAREFULLY. By i) using this site, ii) purchasing any products or services from Freckled Travelling (“ENTITY”) or iii) utilizing any of the products or services from ENTITY through this site, you are deemed to have agreed to these Terms and Conditions. We reserve the right to modify them at any time. You should check these Terms and Conditions periodically for changes. By using this site after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. With regard to products and services purchased or utilized from ENTITY, the version of these Terms and Conditions that were posted at the time of purchase or utilization apply. If at any time you choose not to accept these Terms and Conditions of use, do not use this site.

I. GENERAL TERMS & CONDITIONS

II. User Public Forum Submission/Participation Policy and Terms

III. GDPR

I. GENERAL TERMS & CONDITIONS

a) Scope of Terms and Conditions

These Terms and Conditions apply to your use of all of the websites at http://www.freckledtravelling.com, as well as any of its sub-domains and related domains(collectively the “Site”), as well as to products and services purchased or utilized from the Site. Unless stated otherwise, all references to the Site in these Terms and Conditions include this Site. These Terms and Conditions do not apply to your use of unaffiliated sites to which the Site only links.

b) Restrictions on Use

The contents of this site are protected by copyright and trademark laws, and are the property of their owners. Unless we say otherwise, you may access the materials located within the Site only for your personal use. This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material.

You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Site. Only if you obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property may you publish, display or commercially exploit any material from the Site.

You must abide by all additional copyright notices or other restrictions contained in any of the Site.

You agree not to do any of the following while using the Site:

  1. harass, stalk or otherwise abuse another user;
  2. transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Site), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion); 
  3. transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
  4. upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Site.
  5. impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;
  6. transmit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes; or
  7. violate any applicable local, state, federal or international law, rule or regulation.

c) Links

These Terms and Conditions apply only to this Site, and not to the sites of any other companies or organizations, including those to which this Site may link. We are not responsible for the availability of any other site to which this Site links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site administrator or webmaster.

Other sites may link to this Site only through a plain-text link or provided graphics link. Permission must be granted by us for any other type of link to the Site. To seek our permission, you may send an email to [email protected]. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link like this Site, at our discretion at any time.

THE SERVICES, PRODUCTS AND MATERIALS ON OR FROM THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES TO THE MAXIMUM EXTENT OF THE LAW, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED, A LIMITED EXPLICIT WARRANTY IS GIVEN BY US TO THE EXCLUSION OF ANY OTHER REMEDY TO, IN OUR DISCRETION, EITHER A) REPLACE THE SERVICES, PRODUCTS AND MATERIALS WITH SUCH SERVICES, PRODUCTS AND MATERIALS THAT DO NOT BREACH A WARRANTY IF SUCH BREACH IS IDENTIFIED TO US WITHIN 30 DAYS OF PURCHASE OR B) REFUND OF THE MONEY PAID FOR THE PARTICULAR SERVICES, PRODUCTS AND MATERIALS IF APPLICABLE TO SITUATION.

BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

We do not endorse, warrant or guarantee any products or services offered on any third party site. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.

d) Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE.

e) No Personal Advice

The information contained in or made available through this Site (including but not limited to information contained on message boards, in text files, in products, from services, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, psychological, financial, medical, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. Further, you should regularly consult a lawyer in all matters relating to interacting with other people to assure yourself you are behaving in compliance with law, including but not limited to laws related to harassment, assault or other similar laws. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Site (including but not limited to any product or service purchased, utilized or otherwise obtained from this Site). Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.

f) Parental Permission; Minimum Age Requirement

This Site is not directed to persons under the age of 13. The sale of any of the Site’s products or services is not directed to persons under the age of 18. We will not knowingly collect personally identifiable information from persons under 13. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSERS PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.

We hereby require all users of the Site to be over 13 and all purchasers of ENTITY’s products and services to be over 18. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. If you are under 13, you agree to immediately stop accessing the Site. If you are accessing the Site, you represent that you are at least 13 years of age. If you are purchasing any of the products or services of ENTITY, you represent that you are at least 18 years of age.

g) COPYRIGHT

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ENTITY or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of the COMPANY and protected by U.S. and international copyright laws.

h) Members of the Media

As a User, you certify that you are not a member of the media, or that if you are, you are participating on this Website solely for your personal enjoyment and not as part of any investigation or gathering of information for dissemination of information to the public as news and that you will not use any such information in any manner without the express written permission of the Company. You agree that everything that you observe on the Website will be kept in strict confidence, and that you will do nothing to jeopardize the privacy and identities of any other User whatsoever.

i) TRADEMARKS

The ENTITY’s name and other ENTITY logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of ENTITY or its affiliates in the U.S. and/or other countries. ENTITY’s trademarks and trade dress may not be used in connection with any product or service that is not ENTITY’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the ENTITY. All other trademarks not owned by the ENTITY or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the ENTITY or its affiliates.

j) Disclosure of Data

General Disclosure Policy.  We may share and disclose your Personal Data as described below. 

Affiliated Entities.  We may provide your Personal Data and Usage Data to any affiliated entities we may have, including our subsidiaries.  Affiliated entities are entities that we legally control (by voting rights) or that control us.

Service Providers.  We may provide access to your Personal Data and Usage Data to our trusted service providers that assist us with the operation and maintenance of this site.  For example, we may contract with third parties to host our servers, provide security, and optimization, analytics, reporting, and software maintenance and development services.  In addition, our service providers will be given access to your information only as is reasonably necessary to provide the services for which they are contracted.  

Successors.  If we sell or otherwise transfer part or all of our business or assets to another organization, such as in the course of an acquisition, merger, bankruptcy or liquidation, we may transfer your Personal Data and Usage Data.   In such an event, we will require the buyer or transferee to agree to our commitments provided in this Privacy Policy.

Legal Process, Enforcement and Security Notice.  We may disclose your Personal Data and Usage Data if we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary (i) to satisfy any applicable law, regulation, legal process or enforceable governmental request (such as for example, to comply with a subpoena or court order), (ii) to detect, prevent, and address fraud or other illegal activity, and (iii) to investigate, respond to, or enforce violations of our rights or the security of this site.

Marketing Partners.  We may share your Usage Data with our marketing partners to serve and offer personalized ads.  We may share Personal Data with our marketing partners to correlate and match our list with our marketing partners’ lists for purposes of creating an “audience” for serving personalized ads. 

With Your Consent.  We may share your Personal Data with other parties with your consent.

k) SPECIFIC INFORMATION ABOUT COOKIES AND WEB BEACONS

In order to provide better service for our site, we and our marketing partners may use cookies and other data collection methodologies discussed below to collect Usage Data to store your preferences and information about what pages you visit and past activity at our site and other websites.  This information helps us and our marketing partners display personalized ads, compile aggregated statistics regarding the effectiveness of our promotional campaigns or other operations of our site.  For information about cookies from the FTC website visit  –> https://www.consumer.ftc.gov/articles/0042-online-tracking .

“Cookies” are tiny pieces of information stored by your browser on your computer’s hard drive.  Cookies are also used to customize content based on your browser.  Most browsers are initially set to accept cookies.   If you want to disable cookies, there is a simple procedure in most browsers that allows you to turn off cookies.   Please remember, however, that cookies may be required to allow you to use certain features of our site. 

Flash Cookies – third party cookies that use an Adobe Flash Media Player local shared object (LSO) – may be used along with other third-party cookies for purposes of crediting any purchase you may make on this site to one of our joint venture partners that may have referred you to us.  These cookies will be used for purposes of crediting sales to the referring joint venture marketing partner.  Flash cookies are not the same as “browser cookies”.  The Adobe Flash Media Player is software that enables users to view content on their computers.  Flash cookies are also accompanied by a browser cookie.  If you delete the browser cookie, the Flash cookie may automatically create (or re-spawn) a replacement for the browser cookie. 

Web Beacons (sometimes called single-pixel gifs or clear gifs) are used to assist in delivering cookies, and they allow us to count users who have visited pages of our site. We may include Web Beacons in promotional e-mail messages or our newsletters in order to determine whether messages have been opened and acted upon.

Locally Stored Objects – we may employ locally stored objects (“LSOs”) and other client-side storage tracking technologies in certain situations where they help to provide a better user experience, such as to remember settings, preferences and usage similar to browser cookies, or in order to target or help our Partners target ads, analyze ad performance, or perform user, website or market analytics.  For LSOs utilized by Adobe Flash you can access Flash management tools from Adobe’s website:  –> http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html . In addition, some, but not all browsers, provide the ability to remove LSOs, sometimes within cookie and privacy settings.

l) PERSONALIZED ADS

We may participate with our marketing partners for purposes of providing personalized ads based on your interests.  This activity is performed by collecting Usage Data and by using cookies and other tracking and data collection methodologies discussed above to transfer information to our marketing partners which manage advertising activities.

Our marketing partners may also use cookies and other tracking and data collection methodologies discussed above to measure advertisement effectiveness and for other purposes that are disclosed in their own privacy policies.  We have no access or control over these cookies and other tracking and data collection methodologies that may be used by our marketing partners, and we have no responsibility or liability for the privacy policies and practices of these sites.

AdWords (Google) – We may participate in AdWords program which is a personalized ad service provided by Google Inc. that connects the activity of this site with the Adwords advertising network and the Doubleclick cookie.  Information collected: cookie and Usage Data.  For the opt-out, visit –> https://support.google.com/ads/answer/2662922?hl=en

Google Analytics for Display Advertising (Google) – We may participate in any and all of the following Google Analytics Advertising Features provided by Google: Google Analytics, Google Display Network Impression Reporting, the DoubleClick Campaign Manager integration, and Google Analytics Demographics and Interest Reporting.  These features use first party cookies (such as the Google Analytics cookie) for connecting the tracking activity performed by Google Analytics and its cookies with the Adwords advertising network and the DoubleClick cookie (a third-party cookie).  Information collected: cookie and Usage Data, including audience data such as age, gender, and interests. For the opt-out, visit –> https://support.google.com/ads/answer/2662922?hl=en  You may opt-out of the Google Analytics service with the Google’s Browser Add-on that’s available at –> https://tools.google.com/dlpage/gaoptout

            For information in general about Google’s personalized ad campaigns, and specifically about information regarding DoubleClick cookies and how to control and manage Google’s advertising cookies for these campaigns, visit –> http://www.google.com/policies/technologies/ads/

            For another Google resource for opting out of Google’s use of cookies, visit –> http://www.google.com/settings/ads

            For information regarding how Google uses data when you use Google’s partners’ sites or apps, visit –> http://www.google.com/policies/privacy/partners/ 

            For an additional resource recommended by Google for opting out of a third-party vendor’s use of cookies, visit –> http://www.networkadvertising.org/managing/opt_out.asp

Custom Audience (Facebook).  We may participate in Facebook.com’s Custom Audience program which enables us to display personalized ads to persons on our email lists when they visit Facebook.com.  We provide Personal Data such as your email address and phone number to Facebook to enable Facebook to determine if you are a registered account holder with Facebook.  You may opt-out of participation in our Facebook Custom Audience by sending an email, from the email address you are opting out of, to the email address provided in our contact information below.  For your opt-out to be effective, you must: (i) place the following text in the subject line of the email – “Opting Out of Facebook.com Website Custom Audience Ads”, and (ii) in the body of the email, include your name and email address.  We will forward your name and email address to Facebook.com with a request to delete you from all of our Facebook Custom Audience Ads.

Tailored Audiences/Conversion Tracking Programs (Twitter).  We may participate in Twitter.com’s Tailored Audiences/Conversion Tracking Programs which enable us to display personalized ads.  You may opt-out of participation in these programs by visiting https://support.twitter.com/articles/20170405 .

Other Personalized and Behavioral Advertising services.  We may participate in additional retargeting and behavioral advertising services that will be similar to the services described above. 

Managing Personalized Ads.  You can control the placement of cookies and other data collection methodologies for purposes of opting out.

            Managing Cookies Via Your Browser.  You should note that although most browsers are initially set up to accept cookies, you may be able to change your browser settings to cause your browser to refuse first party or third-party cookies or to indicate when a third-party cookie is being sent.  However, disabling or limiting cookies may cause certain features of this website to not function properly or optimally. Check your browser’s “Help” files or other similar resources to learn more about handling cookies on your browser.  In addition, visit –> http://www.allaboutcookies.org/manage-cookies/

            Managing Flash Cookies.  Flash cookies, also called local shared objects (LSOs), function similarly to standard cookies except that they are often larger and are downloaded to a computer or mobile device by the Adobe Flash Player.  In some cases, these Flash cookies can be managed through browser settings. Adobe also provides a means of controlling Flash cookies on its Flash Player: Setting Manager page.

            Network Advertising Initiative (NAI).  A number of companies that use cookies to collect information about your online activities are members of NAI, which offers a single location to opt out of receiving personalized ads from member companies. To opt out of information collection by NAI member companies, or to obtain information about the technologies they use or their own privacy policies, please visit the NAI consumer opt-out page: –> http://www.networkadvertising.org/choices/ .

            Digital Advertising Alliance (DAA).  DAA member advertising associations have developed an industry self-regulatory program to give consumers a better understanding of and greater control over ads that are customized based on their online behavior across different websites. To make choices about interest-based ads from participating third parties, please visit DAA Consumer Opt-Out page –> http://www.aboutads.info/consumers .

            Opting Out with Ad Choices for Mobile Devices.  When using mobile applications you may receive personalized in-application advertisements. Depending on your device, you may be able to reset your mobile device’s advertising identifier at any time by accessing the privacy settings on your mobile device. In addition, each operating system (iOS for Apple phones, Android for Android devices and Windows for Microsoft devices) provides its own instructions on how to prevent the delivery of personalized in-application advertisements. You may review the support materials and/or the privacy settings for the respective operating systems in order to opt-out of these advertisements. For any other devices and/or operating systems, please visit the privacy settings for the applicable device or contact (or review the applicable privacy web page of) the applicable platform operator.

m) ANALYTICS

We may participate with third party analytics partners to monitor and analyze Web traffic and to keep track of user behavior on this site.

Google Analytics (Google) – Google Analytics is a web analysis service provided by Google Inc. (“Google”).  Google utilizes the data collected to track and examine the use of this site, to prepare reports on its activities, and to share them with other Google services.  Information collected: cookie and Usage Data. Visit Privacy Policy at –> https://www.google.com/intl/en/policies/?fg=1   You may opt-out of the Google Analytics service with the Google’s Browser Add-on that’s available at –> https://tools.google.com/dlpage/gaoptout .

n) DO NOT TRACK REQUESTS

Some Web browsers incorporate a “Do Not Track” feature that signals to websites that you visit that you do not want to have your online activity tracked. Each browser communicates “Do Not Track” signals to websites differently, making it unworkable to honor each and every request correctly.  In order to alleviate any communication error between browsers and website, we do not respond to “Do Not Track” signals at this time. As the technology and communication between browser and website improves, we will reevaluate the ability to honor “Do Not Track” signals and may make changes to our policy.

o) DATA SECURITY

We will implement reasonable and appropriate security procedures consistent with prevailing industry standards to protect data from unauthorized access by physical and electronic intrusion.  Unfortunately, no data transmission over the Internet or method of data storage can be guaranteed 100% secure.  Therefore, while we strive to protect your Personal Data by following generally accepted industry standards, we cannot ensure or warrant the absolute security of any information you transmit to us or archive at this site.

p) CONTACTING US

Privacy matters can be addressed by emailing us at [email protected].

II. User Public Forum Submission/Participation Policy and Terms

a) General:

As a service to our users, this Site may feature message boards, chat rooms/areas, discussion forums, ratings, comments, bulletin board services, news groups (including, without limitation, Usenet and other third party news groups), communities and/or other message or communication facilities and other public/semi-public/private forums (collectively, “Forums”) where users with similar interests or similar experiences can share information and support one another or where users can post questions for others to answer. We may also offer online discussions moderated by various experts or other persons.

Much of the content of the Forums, including without limitation the descriptions for many Forums and the content within a specific message, comment or posting, is provided by and is the responsibility of the third party creator of the Forum or the person posting in that Forum. ENTITY has no responsibility for such content and is merely providing access to such content as a service to you.

BY THEIR VERY NATURE, FORUMS MAY CARRY OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING DISCUSSION FORUMS.

b) Your Participation/Contribution Requires Consideration:

Any information (including personally identifiable information or other personal information) that you reveal in a Forum, may, by design, be open to the public and in such case may not be a private, secure service. You should think carefully before disclosing any information in any Forum. What you have written may be seen, disclosed to or collected by third parties and may potentially be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. By submitting communications or content to Forums, you agree that such submission is non-confidential for all purposes, unless the Company specifically notes otherwise (for example, in the rules for a particular forum).

c) Confidential Obligations:

You agree that you will not upload or transmit any communications or content of any type to a Forum that infringe or violate any rights of any party. Further, you may have entered into an agreement with ENTITY that requires you to maintain the confidentiality of certain material or information of ENTITY. It is your obligation to confirm that any post to a Forum you make does not breach any confidentiality obligation you have. Unless a Forum specifically notes that all members of the Forum who are able to view posts are bound by confidentiality obligations, and further notes what types of information may be discussed, you may not post information which ENTITY has required you to preserve as confidential.

d) Grant of Rights:

To the extent you are the original copyright holder of any post or submission by you to a Forum and such post or submission does not contain any of the information or material of ENTITY or other information you are required to preserve as confidential by ENTITY, then; i) you remain owner of such post or submission to the extent you were the owner; ii) you automatically grant on behalf of yourself or otherwise warrant that the owner of such content or intellectual property has expressly granted ENTITY, a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit, the post, submission, communication or content in any media or medium, or any form, format, or forum now known or hereafter developed; and iii) you agree and warrant that ENTITY may sublicense or assign its rights through multiple tiers of sublicenses or assigns.

e) No Obligation to Monitor:

ENTITY does not control the information delivered to the Forums, and has no obligation to monitor the Forums. However, ENTITY reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or legal governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in ENTITY’s sole discretion.

f) No Obligation to Remove:

ENTITY is not obligated to remove any content from the site which does not violate any civil or criminal laws and any contributions intended for display on this web site via any means, whether submitted via HTTP (web), SMTP (mail), NNTP (newsreader), or otherwise, are presumed to be contributed by the author/contributor with the intent that ENTITY shall have an ongoing non-exclusive right to publish the contributed content for an indefinite amount of time, unless the content submitted was made under an agreement with ENTITY with differing terms or ENTITY has clearly only been provided limited non-exclusive publishing rights (for example, in the case of some exclusively copyrighted newsletter content). If you do not wish to have something which you submit to be published, do not submit it in the first place.

g) No Endorsement:

ENTITY does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted in the Forums or endorse any opinions expressed in the Forums. You acknowledge that any reliance on material posted in the Forums will be at your own risk.

h) Entity’s Right to Act:

If ENTITY discovers communications which allegedly do not conform to any terms and conditions of this Site, ENTITY may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. ENTITY will have no liability or responsibility for performance or non-performance of such activities. ENTITY reserves the right to terminate or restrict your access to any or all of the Forums at any time without notice for any reason whatsoever. You acknowledge that some Forums available through the Site are available only through the Site and others are available both through the Site and other sources, such as Usenet, over which ENTITY has absolutely no control.

III. GDPR

Personal data protection

We would like to inform you that Freckled Travelling abides by the new Regulation (EU) 2016/679 of the European parliament and of the Council of 27 April 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data, and repealing directive 95/46/EC (GDPR). In this connection we would to inform our users about:

Name and contact information of the controller

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

Name/Company name: Raluca Lorena Rohian

Email: [email protected]

Website: www.freckledtravelling.com

What kind of personal data we collect

We may collect, use, store, transfer and processing (including cross-border processing) a variety of personal data, including: identity data: first name, last name, username, or similar identifier, title, date of birth and gender; contact data: email address and telephone numbers; technical data: internet protocol (IP) address, your login data, browser type and version, time zone and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website and our services; profile data: your username and password, preferences, feedback, and survey responses, the date and time of the registration; comments on our Success blog, as well as information on the date of the commentary and on the user’s (pseudonym) chosen by the data subject; usage data: information on how you use our website and services.

We also collect, use, and share aggregated data, such as statistical or demographic data, for any purpose. Aggregated data may be derived from your personal data, but is not considered personal data by law as this data does not reveal your identity, either directly or indirectly. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website feature. However, if we combine aggregated data with your personal data directly or indirectly identifies you, we treat the combined data as personal data and subject to the terms of this privacy notice.

How we collect personal data

We use different methods to collect data from and about you including through: direct interactions; you may give us your identity, contact data by filling in forms or by corresponding with us by post, phone, e-mail or through contact us or social media. This includes personal data you provide when you:

  • sign up to receive а Newsletter and/or eBook;
  • become a client/user on our website/app;
  • enrol in a group program;
  • purchase a home study program online;
  • engage with us on social media;
  • enter a business education, online courses and classes, promotion or survey;
  • leave comments or reviews on our products or services.

Purposes of processing

According to Art. 13 of GDPR, we inform our users about the purposes of processing personal data. The prime purpose of collecting your data is to provide users with services offered by our website/app, whether that’s using our website/app to find information, to contact us, to enter into a training program, or for some other reason. No matter how you use our website, our aim is to allow you to interact with it as effortlessly as possible.

Other purposes for processing personal data are as follows: to provide users with our services and offer them our products; for subscription to our enterprise’s newsletters; for registration of new user; to manage the relationship between us and the user (notification of changes of these Terms and Conditions, requesting of feedback, etc.); to administrate and protect our business and the information on our website/app (including data analysis, testing, system maintenance, support, reporting and hosting of data); to use data analytics to improve our website, products and services, customer relationships and experience.

What are users’ rights

In accordance with GDPR requirements, every user who falls in the scope of personal data Regulation, has:

  • Right to receive a copy of your personal data held by the Company and access to personal data;
  • Right to rectification;
  • Right to erasure (‘right to be forgotten’);
  • Right to restriction of processing;
  • Right to data portability (the right to transmit personal data to another controller without hindrance from the controller to which the personal data have been provided);
  • Right to object;
  • Right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.

You are not required to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances. These are our rights in accordance with GDPR.

Above-listed data subjects’ rights are subject to certain exceptions and exclusions, and we may be unable to comply in full with your request.

In case of users request to exercise any of the above listed rights, they are entitled to contact us on the following e-mail address: [email protected]

We will provide the requested information within one month of receipt of the request. In rare cases, that period may be extended by two further months where necessary, taking into account the complexity and number of the requests. Of course, the users will be informed about that. If we have reasonable doubts concerning the identity of the natural person making the request, we may request the provision of additional information necessary to confirm the identity of the data subject.

Legal basis for the processing

Art. 6 (1) lit. b, c, d, f GDPR serve as a legal basis to process users’ personal data. Art. 6 (1) lit. b GDPR – for the performance of a contract to which the user is party or in order to take steps at the request of the user prior to entering into a contract. If the processing of personal data is necessary for the performance of a contract to which the user is party, as is the case, for example, when processing operations are necessary for the supply of products or to provide any other service, the processing is based on Article 6 (1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Art. 6 (1) lit. c GDPR – for compliance with a legal obligation to which we are subject. Art. 6 (1) lit. d GDPR – to protect vital interests of the user or of another natural person. This would be the case, for example, if a visitor were injured in our Company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR.  Article 6 (1) lit. f GDPR – this legal basis is used if processing is necessary for the purposes of the legitimate interests pursued by our Entity or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Legitimate interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller or for direct marketing purposes (Recital 47 GDPR).

We do not rely on your consent as a legal basis to process your personal data. Your personal data may be processed for more than one lawful ground, depending on the specific purpose for its use. Please contact us at [email protected] if you require additional information. 

If you choose not to provide the personal information we request, you can still visit most areas of our website but you may be unable to access certain options and services. You have the final decision on whether to proceed with any activity that requests personal information.

In some cases, the collection of personal data may be a statutory or contractual requirement, and we will be limited in the services we can provide you if you don’t provide your personal data – for example, if you do not provide us with your personal data, you will not be able to enter into new training program. We will let you know how this will affect you at the time.

Period for which the personal data will be stored

Users’ personal data will be retained only as long as necessary to fulfil the purpose(s) for which it was collected, including legal, accounting, or reporting requirements. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract.