ENGLISHEATER.com

Terms and Conditions

Last Updated: 28MAY2018

Please read these Terms carefully. By using EnglishEater.com or signing up for updates or newsletters on EnglishEater.com, you’re agreeing to these Terms. This is a legal agreement. Below are a few definitions that should help you understand this agreement.

https://englisheater.com (referred to in this policy as “we”, “us”, “our”, “EnglishEater”, “the website”, or “the site”) is owned and run by Anthony Stuart Burge.

As a visitor of the site, or as a representative of an entity that’s a visitor of the site, you’re a “Member” according to this agreement (“you”). As a user of the site services, or as a representative of an entity that’s a user of the site’ services, you’re a “Member” according to this agreement ( “you”).

These Terms of Use (“Terms,” including our Privacy Policy, and Cookie Policy) define the terms and conditions under which you’re allowed to use EnglishEater, and how we’ll treat you. If you have any questions about our terms, feel free to message us via the contact form.

Term

The Term begins when you start using EnglishEater or our newsletter service and continues as long as you use the Service. If you sign up for EnglishEater updates or newsletters on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

Changes

We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. The new Terms will be effective immediately and apply to any continued or new use of EnglishEater. We may change the Website, the Service, or any features of the Service at any time.

Privacy Policy

We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

Copyright

All content and data included on our website, including but not limited to graphics, text, logos, button icons, and software, is our property, or our suppliers and contributors and is protected by copyright laws. No content may be reproduced or used without express written permission from us and any other copyright holder.

Choice of Law

New South Wales laws (Australia), except for conflict of laws rules, will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Cookie Policy, the Privacy Policy, or the Service itself will be decided by the state and federal courts in Australia, and each party will be subject to the jurisdiction of those courts.

If the terms are translated into any language other than English (either manually or via a translation tool) and there is any conflict or ambiguity between the English language version and the other version(s) the English version shall prevail.

Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages.

No Warranties

To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use EnglishEater for a variety of reasons, we can’t guarantee that it will meet your specific needs.

Attorney Fees

If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.

Equitable Relief

If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

Disclaimers

We aren’t responsible for the behaviour of any advertisers, linked websites, or other Members.

Entire Agreement

These Terms, our Privacy Policy, Cookie Policy, (all of which are incorporated into these Terms by reference), and any additional terms you’ve agreed to by turning on specific features (“Additional Terms”) make up the entire agreement and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into these Terms when you activate the feature.

Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control.

Cookies Policy

Last updated 28MAY2018

This policy helps to explain what cookies are and how they are used with visitors to EnglishEater.com (referred to in this policy as “we”, “us”, “our”, “EnglishEater”, “the website”, or “the site”). By using or accessing EnglishEater you are consenting to EnglishEater’s use of Cookies as outlined below:

“Cookies” are text-only pieces of information that a website transfers to an individual’s hard drive or other website-browsing equipment for record-keeping purposes. Cookies allow the Website to remember important information that will make your use of the site more convenient. A cookie will typically contain the name of the domain from which the cookie has come, the “lifetime” of the cookie, and a randomly generated unique number or other value. Certain cookies will be used on the Site regardless of whether you are logged in to your account or not. Like most websites, we use cookies for a variety of purposes in order to improve your online experience, and for analytics, but specifically we use Cookies on the Website for the following purposes:

Functionality: The website software uses cookies for the day to day running of the website.
Analytical Purposes: We use Cookies to analyze user activity in order to improve the Website. For example, by using Cookies we can see an overall view of how the site is used enmasse. This can lead us to insights about how to improve the functionality and user experience of the Website.
Your Preferences: We use Cookies to store certain user preferences on our Website. For example, we place a cookie that remembers you have read and agreed to our use of cookies, so you don’t have to keep agreeing to the banner to make it go away every time you return to our Website.

Session Cookies are temporary cookies that remain in the cookie file of your browser until you leave the Website.

Persistent Cookies remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie). When we use session cookies to track the total number of visitors to our Website, this is done on an anonymous aggregate basis (as cookies do not in themselves carry any personal data). We may also employ cookies so that we remember your computer when it is used to return to the Website to help customize your EnglishEater web experience. We may associate personal information with a cookie file in those instances. Use the options in your web browser if you do not wish to receive a cookie or if you wish to set your browser to notify you when you receive a cookie. You can easily delete any cookies that have been installed in the cookie folder of your browser. See below instructions on how to enable and disable cookies for various browsers:

Please check the browser’s cookie settings support pages to confirm the most up-to-date instructions.

Google Chrome

Click the settings icon on the browser toolbar (three stacked lines)
Select ‘Settings’
Click ‘Show advanced settings’
In the “Privacy” section, click the ‘Content settings’ button
To enable cookies: In the “Cookies” section, pick ‘Allow local data to be set’. This will enable both first-party and third-party cookies. To allow only first-party cookies, pick ‘Block third-party cookies and site data’
To disable cookies: In the “Cookies” section, pick ‘Block sites from setting any data’
Note there are various levels of cookie enablement and disablement in Chrome. For more information on other cookie settings offered in Chrome, refer to the following page from Google: https://support.1d5920f4b44b27a802bd77c4f0536f5a-gdprlock/chrome/answer/95647

Mozilla Firefox

Click the menu button (three stacked lines) and choose ‘Preferences’
Select the Privacy panel
Set ‘Firefox will:’ to ‘Use custom settings for history’
To enable cookies: Check ‘Accept cookies from sites’
To disable cookies: Uncheck ‘Accept cookies from sites’
Note there are various levels of cookie enablement and disablement in Firefox. For more information, refer to the following page from Mozilla: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

Safari on OSX

Click on ‘Safari’ at the menu bar and select the ‘Preferences’ option
Click on ‘Privacy’
To enable cookies: In the ‘Cookies and website data:’ section, click ‘Always Allow’ or ‘Allow from websites I visit’ or ‘Allow from current website only’ depending on your preference
To disable cookies: In the “Cookies and website data:” section, click ‘Always Block’
Note there are various levels of cookie enablement and disablement in Safari. For more information on other cookie settings offered in Safari, refer to the following page from Apple: https://support.apple.com/kb/PH19214

Opera

From the main menu, select ‘Settings’ (or ‘Preferences’, when using OS X)
Click ‘Advanced’
Under “Cookies”, select an option for handling cookies
To enable cookies: Check ‘Accept’ or ‘Accept only from the sites I visit’ depending on your preference
To disable cookies: Check ‘Never accept cookies’
Note there are various levels of cookie enablement and disablement in Opera. For more information on other cookie settings offered in Opera, refer to the following page from Opera Software: http://www.opera.com/help/tutorials/security/privacy/
Microsoft Internet Explorer 6.0, 7.0, 8.0, 9.0, 10.0
Click on ‘Tools’ at the top of your browser window and select ‘Internet Options’
In the options window navigate to the ‘Privacy’ tab
To enable cookies: Set the slider to ‘Medium’ or below
To disable cookies: Move the slider to the top to block all cookies
Note there are various levels of cookie enablement and disablement in Explorer. For more information on other cookie settings offered in Internet Explorer, refer to the following page from Microsoft: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies

Microsoft Internet Explorer 11 for Windows 10

Click on ‘Tools’ at the top of your browser window and select ‘Internet Options’
In the options window navigate to the ‘Privacy’ tab
To enable cookies: Choose ‘Allow’ or ‘Be prompted for first and third party cookies,’ depending on your preferences
To disable cookies: Choose ‘Block’
Note there are various levels of cookie enablement and disablement in Explorer. For more information on other cookie settings offered in Internet Explorer, refer to the following page from Microsoft: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies

Microsoft Edge

Click on ‘More’ and choose ‘Settings’
Under “Advanced settings”, select ‘View advanced Settings’
Under “Privacy and services – Cookies”, choose the option you want.
‘Block all cookies’ blocks all cookies that websites try to save to your computer. ‘Block only third party cookies’ blocks third party cookies, which are saved by external web services, such as ads embedded on webpages you have navigated to.
Note there are various levels of cookie enablement and disablement in Edge. For more information on other cookie settings offered in Microsoft Edge, refer to the following page from Microsoft: https://support.microsoft.com/en-us/help/12454/windows-10-microsoft-edge-privacy-faq

If you disable all cookies, you may not be able to take advantage of all the features of this website. Consult your mobile device documentation for information on how to disable cookies.

In addition to the above, many browsers have built in Developer tools that allow you to view which cookies have been set for a website. These same tools can allow you to delete those cookies if you choose to do so. Note, if you have not disabled cookies, revisiting the website will recreate them even if you previously deleted them.

Google Adsense and Analytics

EnglishEater uses Google Analytics and Google adsense on the website. To find out more information about how Google uses the data, please read “How Google uses data when you use our partners' sites or apps.”

We give you the option to opt out of cookies on our website. Google also gives you the ability to opt-out of customized Google Display Network ads by visiting the Google Ads Preferences Manager. To provide website visitors more choice on how their data is collected by Google Analytics, Google has developed an Opt-out Browser add-on. To opt out of third-party vendors cookies visit the Network Advertising Initiative opt-out page.

Changes to Our Cookie Policy

From time to time, it may be necessary for us to change this cookie policy. We suggest that you check here periodically for any changes.

Privacy Policy

Last updated 28MAY2018

Your privacy is important to us, regardless of where you live. That means we believe in data accountability, data consistency and data transparency when collecting and using your personal information. We urge you to take a moment to read this Privacy Policy so that you understand what information we collect and how we process such information.

EnglishEater.com (referred to as "we", "us", "EnglishEater", "the website" or "the site") is owned and operated by Anthony Stuart Burge. The personal information we collect and process depends on the purpose of your visit and the service or services you have agreed to receive from us.

By accessing our website, or by providing Personal Information directly to us, you consent to our processing your Personal Data in the manner and for the purposes set out in this Privacy Policy.

Definitions

Terms defined in EnglishEater’s Terms of Use have the same meaning as in this Privacy Policy.

A Natural Person is a living human being, with certain rights and responsibilities under the law. By contrast, a “Legal Person,” or an “Artificial Person,” is a group of people that is considered by law to be acting as a single individual (for example, a company).

Personally identifiable information may also be referred interchangeably as "PII" or "personal data" or "personal information." For the purposes of this policy, personal information is understood to be any information which is relevant to you (a Natural Person), with which your identity is or can be identified and which includes, for example, your name, email address, IP address (only when we have collected it in conjunction with directly identifying information).

Data Protection Laws means the data protection and privacy laws applicable to the processing on Personal Data that we are committed to comply with, including:

the Privacy Act 1988 (Cth, Australia);
the Privacy Act 1993 (New Zealand);
the Personal Information Protection Act (Alberta, Canada);
the Personal Information Protection and Electronic Documents Act, SC 2000, c5 (federal, Canada);
the Personal Information Protection Act (British Columbia, Canada);
all applicable United States federal and state privacy laws, including, but not limited to, the California Online Privacy Protection Act (CalOPPA), Early Learning Personal Information Protection Act (ELPIPA);
the General Data Protection Regulation (EU); and
any other applicable privacy legislation.

Process or processing means any operation or set of operations which is performed on Personal Data, such as collection, recording, organisation, structuring, storage, adaptation, use, disclosure, combination, restriction, or erasure.

For general data protection regulation purposes, the “data controller” means the person or organisation who decides the purposes for which and the way in which any personal data is processed.

A “data processor” is a person or organisation which processes personal data for the controller.

What information do we collect about you and how?

We collect personal information through our website.

Contact Requests and Subscriptions. We collect information about you when you fill in any of the forms on our website or subscribe for updates or newsletters i.e. sending an enquiry, feedback etc. Information we collect includes (but is not limited to) Name, Email address, English user type (student, teacher, school or organisation), Contact Request Reason.

Statistical information: We may collect statistical (non-personal) information about your use of the Website and the Service to improve the features and overall user experience. This may include statistical information such as pages accessed on the Website and the Service, search terms, links that are clicked on, Website and Service visit times, browsers and operating systems, IP address, and cookies.

IP address. Your IP address is temporarily collected whenever you are accessing our website in our web server's logs. This information is used to ensure the security of our website and to prevent abuse. IP address information is not directly identifiable information but if it's stored in conjunction with your user account ID it might be an indirect identifier.

Cookies and tracking. We may use various technologies to collect and store information when you use our website, and this may include using cookies and similar tracking technologies, such as pixels and web beacons. You may control the use of cookies at the individual browser level, however your use of the website may be affected.

Cookies are text files put on your computer to collect standard internet log information and visitor behaviour information. This information is then used to track visitor use of the website and to create statistical reports on website activity. For more detailed information please read our Cookie Policy.

Analytics- we use Google Analytics to store information about how visitors use our website so that we may make improvements and give visitors a better user experience. Google Analytics is a third-party information storage system that records information about the pages you visit, the length of time you were on specific pages and the website in general, how you arrived at the site and what you clicked on when you were there. These cookies do not store any personal information about you e.g. name, address etc and we do not share the data. You can view more information about how Google uses the information at https://policies.1d5920f4b44b27a802bd77c4f0536f5a-gdprlock/technologies/partner-sites

Internet Based Advertising We sometimes use Google Adsense advertising services and as such there may be tracking codes installed on our website so that we can manage the effectiveness of advertising campaigns. We do not store any personal data within this type of tracking.

How long do we keep your personal information

We will retain your Personal Information for as long as needed to provide you with the requested service. This will continue until you terminate the request (for example, unsubscribe) or request us to remove the data.

We take steps to regularly destroy Personal Information, however we may:

in some cases, retain a copy of your Personal Information to comply with our legal obligations, resolve disputes, enforce our agreements and to comply with our trust and safety obligations. Personal Information retained for these purposes will be archived and stored in a secure manner after you no longer have any active services/requests and will not be accessed unless required for any of these reasons; and
retain Personal Information in an aggregated, de-identified or otherwise anonymous form, such that there is no reliable way of identifying you from the information.

How we use your personal information and why

We process your personal information with transparency and as such we process your personal information per data protection laws for one of the following reasons:

Contractual obligations

When using our contact form we process your personal information to reply to your request. We also automatically process your personal information to send you automated email notifications about the handling of your request.

When you are a subscriber to our newsletters we automatically process your personal information to send you automated transactional emails.

To comply with a legal obligation

There are certain obligations in accordance to local and international laws, as well as Directives issued by the European Union. These legal obligations require the processing of your personal information. In other cases we may receive a court order or otherwise be legally obliged to process or convey your personal information to third parties.

To protect our interests

We process your personal information to protect the legal interests of us and others. A legal interest exists when we have a business or commercial reason to use your information. Even then it must not be against what is fair to you and your best interests. Examples of such processing are as follows:

In case of a suspected abuse or an attempt to compromise, deteriorate, disrupt or otherwise interfere with of our services we may process personal information to identify the perpetrator and pursue redress. Such steps may for example (not an inclusive list) include contacting the suspected offender or pursuing the matter legally.

In rare occasions we may send you a personal, manual email to address a concern regarding the website or your use of it.

Because you have given your consent

If you have explicitly provided your consent the processing of your personally identifiable information draws its legality upon your explicit consent. You have the right to withdraw your consent at any time. However, any processing which took place before your consent's withdrawal is not affected.

For marketing

Sometimes we may wish to send you information about services that may be of interest to you. We will only do this if you have consented to receive such information from us. You may opt out at any time by following the instructions at the bottom of any email we send you or contacting us via the contact form on our website.

Who are the recipients of your personal information

The recipients of your personal information are as follows.

Data controller and processor-EnglishEater (Anthony Stuart Burge), PO Box 118, Holbrook NSW 2644, Australia

Data processor- Google, Inc. 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Provides analytics and advertising for our site. Only anonymized information is sent to Google, so it is unclear if they should be listed as a data processor or not. To be safe, Google is listed here, but to the best of our knowledge and technical ability we do not send any personally identifiable information to them.

Where is your information stored?

As part of the services offered to you through this website, the information which you give to us will mostly be stored outside the European Union (“EU”), that is because our server is physically located outside the EU. The data protection and other laws of these countries may not be as comprehensive as those in the European Union − in these instances we will take steps to ensure that a similar level of protection is given to your Personal Information. You hereby consent to the transfer of your Personal Information to countries outside of the European Union.

Your data protection rights

You have the following rights with regards to the personally identifiable information we keep on file for you:

Access your personal information. This lets you for example get a copy of the personal data we keep on file for you and confirm that we are processing it legally. You can request a copy of your data through the Data Rights menu item on our site after logging into our site.
Request the correction of the personal information we keep on you. This allows you to correct incomplete or inaccurate information we keep on file for you.
Ask for the deletion of your personal information (a.k.a. "right to be forgotten"). This lets you request that we delete your personal information when there is no real reason for us to process it. Kindly note that this is impossible for 60 days since your last purchase for taxation reporting reasons.
Object to processing your personal information (a.k.a. "right to objection") when we base our processing on protecting our interests bit there is something special in your situation which makes you want to object to the processing for this reason. If you object we will no longer process your personal information unless we can prove pressing legal reasons for the processing which trump your interests, rights and freedoms. Please note that this is largely inapplicable to our business relationship since our processing is done either on a legal basis, your explicit consent or is exempt from the GDPR protections (e.g. keeping an IP log for security reasons).
You have the right to object in cases where we process your personal information for reasons of direct marketing. This also includes profiling, to the extent that this is used for direct marketing.
Ask the limitation of the processing of your personal information. This allows you to ask us to limit the processing of your personal information, that is to use it only for specific cases, if:
- they are inaccurate;
- they have been used illegally but you do not wish us to delete them;
- they are no longer necessary but you want us to retain them for their use in potential legal demands;
- you have asked us to stop using your personal information but you are waiting us to confirm if we have legal reasons to use them.
Ask for a copy of the personal information pertaining to you in a structured, commonly used and machine readable format, to convey this information to other organizations. You may also request that we directly convey that file to another organization of your choice. This is also known as "data portability right".
Withdraw your consent regarding the processing of your personal information at any time. Please note that withdrawal of your consent at any time does not invalidate the legality of the processing based on your consent before that was revoked or withdrawn by you.

To exercise any of your rights we kindly ask you to contact us via the contact form on this website.

According to the law, we will reply to your requests promptly and within 30 business days. If you have not received a reply from us for over three weeks (21 days) please retry contacting us with alternate means; most likely your request never reached us.

Privacy policy for children

We do not deliberately collect Personal Data from children under the age of 13. If you are 13 years old or younger you must have your parents' guardians' consent in order to use EnglishEater.com. If it comes to our knowledge that we have collected Personal Data from a child, without the parents' or guardians' consent, we will take measures to delete the collected Personal Data collected. We reserve the right to request proof of age at any stage so that we can verify that children are not using the Service.

Merger, Sale or Bankruptcy

In the event that we are acquired by or merged with a third party entity, or other corporate transaction, or in the event of bankruptcy or a comparable event, we reserve the right to transfer or assign information, including Personal Information, in connection with the foregoing events. In the event of the above, our affiliated companies or acquiring company will assume the rights and obligations as described in this Privacy Policy .

Third party websites

Users may find advertising or other content on our website that links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Service. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Service, is subject to that website's own terms and policies.

Questions and concerns

If you have any questions or comments, or want to access, update, or delete the Personal Data we hold about you, or have a privacy concern please contact us via the contact form on this website. Failing that, please try writing to us at PO Box 118, Holbrook NSW 2644, Australia. Please provide sufficient detail about the information in question to help us locate it. We will respond to any privacy request in compliance with the applicable Data Protection Law.

Right to file a complaint

If you have exercised some or all of your rights to data protection and you still feel that your concerns about the way we use your personal data have not been addressed satisfactorily by us, you have the right to file a complaint by filling in the contact form on our site. You also have the right to file a complaint with the Office of the Personal Data Protection Commissioner. At https://www.dataprotection.ie/docs/Making-a-Complaint-to-the-Data-Protection-Commissioner/r/18.htm you will find information on how to file complaints.