1. Introduction

Explorer Kenya Tours and Travel Ltd (“us”, “we”, “our”, or Explorer Kenya) operates the www.explorerkenya.com website (the “Site”).

This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Site.

We will not use or share your information with anyone except as described in this Privacy Policy.

We use your Personal Information to provide and improve our Site. By using our Site, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy.

2. What Personal Data We Collect

We collect personal data only where we have a lawful basis and a legitimate purpose for doing so (for example, to provide our services, to communicate with you, or to improve your experience on the Site). We collect such data: (1) when you provide it to us; (2) automatically through your use of the Site; and (3) from third-party sources, as described below.

Information You Provide to Us

 The amount and type of information depend on the context and how we use the information. Here are some examples:

  • Communications with Us: You may provide us with information (e.g., your name, email address, and phone number) when you respond to polls and surveys, or when you communicate with us using our online contact forms.
  • Quote Requests: To provide you with a quote, we may request your name, email address, telephone number, and delivery address (where delivery is selected). Please note that the Site does not process payment transactions and, accordingly, we do not collect sensitive payment information (including bank account or payment card details).

  • Content Information: Depending on the services you use on the Site, you may provide content that includes personal data (for example, business contact details or photographs you upload). If you publish such content (e.g., in a blog post or business listing), it may be accessible to any person with internet access and may be indexed by search engines.

  • Comments: Any comment you submit via this website may be published and may include personal data you choose to provide. We may disclose comments to others, including the public, in aggregated form, in excerpted or edited form, or in full.

Information We Collect Automatically

We also collect some information automatically:

  • Log Information: When you access or use the Site, we may automatically collect technical and usage information that your browser, device, or our servers make available, including your browser type, IP address, device identifiers, language preferences, referring/exit pages, date and time stamps, operating system, and mobile network information.

  • Usage Information: We may collect information about how you interact with the Site, including the pages you view, searches performed, and actions taken (i.e., what was done, when, and in relation to which content). We may also collect device information, such as screen size, mobile network, and device manufacturer. We use this information to operate the Site, provide requested functionality, monitor performance, and improve our services.

  • Location Information: We may infer your approximate location from your IP address and use it for analytics purposes (for example, to understand visitor distribution by region). Where supported and subject to your device permissions, we may also collect precise location information, for example through our mobile applications when you tag or upload content with location data.

  • Stored Information: Subject to your device permissions, we may access certain information stored on your device through the Site (for example, photographs from your camera roll when you choose to upload an image). You may manage or withdraw these permissions through your device settings; however, doing so may limit certain features.

  • Information from Cookies & Other Technologies: We may use cookies and similar technologies (including flash cookies/locally shared objects (LSOs) and web beacons/pixels) to recognize your device, remember preferences, understand usage patterns, measure the effectiveness of campaigns, and deliver relevant advertising. You can control cookies through your browser settings; however, disabling cookies may affect certain Site features. For additional information about the cookies we use and your choices, please refer to our Cookie Policy.

Information We Collect from Other Sources

We may also get information about you from other sources. For example, if you register your user account on our Site through a social media platform (like Facebook or Twitter) or if you comment on our Site using Facebook, we will receive information from that service (such as your username, email address and basic profile information) via the authorization procedures used by that service. The information we receive depends on which services you use and any options that are available.

3. How and Why We Use Information

We use information about you as mentioned above and for the purposes listed below:

  • To provide and maintain our Site services – for example, to set up and maintain your account or charge you for any of our paid services;
  • To further develop and improve our Site – for example by adding new features that we think our users will enjoy or will help them to create and manage their accounts and content more efficiently;
  • To monitor and analyse trends and better understand how users interact with our Site, which helps us improve our Site and make them easier to use;
  • To measure, gauge, and improve the effectiveness of our advertising, and better understand user retention and attrition – for example, we may analyse how many individuals purchased a plan after receiving a marketing message or the features used by those who continue to use our Site after a certain length of time;
  • To monitor and prevent any problems with our Site, protect the security of our Services, detect and prevent fraudulent transactions and other illegal activities, fight spam, and protect the rights and property of Explorer Kenya and others, which may result in us declining a transaction or the use of our Site;
  • To communicate with you, for example through an email, about offers and promotions offered by Explorer Kenya and others we think will be of interest to you, solicit your feedback, or keep you up to date on Explorer Kenya and our services; and
  • To personalize your experience using our Site, provide content recommendations, target our marketing messages to groups of our users (for example, those who have a particular plan with us or have been our user for a certain length of time), and serve relevant advertisements.

4. How We Share Information

We do not sell our users’ private personal information. We share information about you in the limited circumstances spelled out below and with appropriate safeguards on your privacy:

  • Subsidiaries, Employees, and Independent Contractors: We may disclose personal data to our subsidiaries, employees, and independent contractors on a need-to-know basis where such disclosure is necessary to provide the Services or to process personal data on our behalf. Such recipients are required to handle personal data in accordance with this Privacy Policy and applicable confidentiality and security obligations.
  • Third-Party Vendors: We may share personal data with third-party service providers that perform services for us or on our behalf, or that provide services to you through the Site (including, where applicable, payment processing providers, postal and email delivery providers, customer support providers, domain registrars/registries and data escrow providers, hosting providers, marketing service providers, and analytics providers). Such providers may access personal data only as necessary to perform their services and are required to protect it in accordance with contractual obligations.
  • Law Enforcement and Legal Process: We may disclose personal data where required to do so by law or where we reasonably believe disclosure is necessary to comply with a subpoena, court order, or other valid legal process or governmental request.
  • To Protect Rights, Property, and Others: We may disclose personal data where we believe in good faith that such disclosure is reasonably necessary to protect the rights, property, or safety of Explorer Kenya, our users, third parties, or the public, including to prevent or address fraud, security, or technical issues, or to respond to an emergency involving imminent risk of death or serious physical injury.
  • Business Transfers: In connection with a merger, acquisition, reorganisation, sale of assets, financing, or similar transaction (including due diligence relating thereto), or in the event of insolvency or bankruptcy, personal data may be transferred as part of the transaction. Any recipient will be permitted to use personal data only in a manner consistent with this Privacy Policy, unless and until you are notified otherwise.
  • With Your Consent: We may share personal data where you have provided your consent or where you otherwise direct us to do so (for example, when you choose to connect your account to a third-party service or use third-party services to interact with the Site).
  • Aggregated or De-Identified Information: We may share information that has been aggregated or de-identified such that it cannot reasonably be used to identify you. For example, we may publish aggregate statistics regarding use of the Services or use a hashed version of an email address to support advertising measurement and campaign customisation.
  • Published Support Requests: Where you submit a support request or feedback (for example, by email), we may publish the request (with appropriate redactions where reasonably necessary) to facilitate a response, clarify the issue, or support other users.
  • Information Shared Publicly: Any information you choose to make public on or through the Site is publicly accessible. This may include profile information, posts, listings, images, and comments you publish. Public information may be indexed by search engines and may be copied or used by third parties; accordingly, please exercise care when deciding what to make public.

5. How Long We Retain Your Data

We retain personal data only for as long as reasonably necessary to fulfil the purposes for which it was collected (as described in How and Why We Use Information) and to comply with applicable legal, accounting, or reporting requirements. For example, we retain web server logs that record information about visitors to the Site (such as IP address, browser type, and operating system) for approximately 30 days for purposes including traffic analysis and troubleshooting.

We retain personal data associated with your user account for as long as your account remains active. If you delete your account, we will delete or anonymise personal data in accordance with our retention practices, subject to any legal obligations or legitimate interests requiring continued retention (for example, to maintain records, resolve disputes, or enforce our agreements).

Where you submit comments, we may retain comments and related metadata for as long as reasonably necessary for moderation, security, record-keeping, and to facilitate recognition and approval of follow-up comments.

6. How We Store and Protect Your Data

We implement reasonable administrative, technical, and organisational measures designed to protect personal data against unauthorised access, use, alteration, loss, or disclosure. By way of example, we use encryption in transit (such as HTTPS) and apply access controls intended to limit access to non-public personal data to authorised personnel.

We may engage third-party service providers to support the operation of the Site and Services (including hosting, authentication, storage, and telecommunications). To the extent permitted by law, Explorer Kenya disclaims liability for acts or omissions of such third parties; however, we take reasonable steps to require service providers to maintain appropriate safeguards when processing personal data on our behalf.

No method of transmission or storage is completely secure. Accordingly, while we take reasonable steps to protect personal data, we cannot guarantee its absolute security. If you believe your account has been compromised or misused, please contact us using the details in the Contact Us section.

When contacting us, please provide sufficient information to enable us to identify your account (for example, your name and email address). We may request additional information to verify your identity and to protect your personal data.

7. Choices and How To Opt Out

You have several choices available when it comes to information about you:

  • Limit the Information You Provide: If you have an account, you may choose not to provide certain optional account, profile, or billing information. Please note that some Site features may not be available if required information is not provided.
  • Remove Image Location Data: If you upload images to the Site, you should remove embedded location data (EXIF GPS), where applicable. Publicly available images may permit third parties to download and extract such location information.
  • Limit Access to Information on Your Mobile Device: You may be able to disable our access to stored information or location information through your device operating system settings and permissions. Disabling permissions may limit certain mobile features (for example, adding location information to a photograph).
  • Opt Out of Electronic Communications: You may opt out of receiving promotional communications by following the unsubscribe instructions included in those messages. We may continue to send non-promotional communications relating to your account, transactions, or legal notices.
  • Manage Cookies and Similar Technologies: You can typically configure your browser to remove or reject cookies. Please note that certain features of the Site may not function properly without cookies. Where applicable, we do not respond to “Do Not Track” signals across all browsers and devices.
  • Close Your Account: If you no longer wish to use the Site, you may close your user account. We may retain certain information after account closure as described in How Long We Retain Your Data, where retention is reasonably necessary to comply with legal obligations, respond to lawful requests, resolve disputes, enforce agreements, or pursue legitimate business interests.

8. Other Important Information About Your Privacy

  • Third-Party Links: The Site may contain links to third-party websites or services that are governed by their own privacy practices. We are not responsible for the privacy practices of such third parties.
  • Social Media Features: The Site may include social media features (for example, Facebook comments or share widgets) provided by third parties. These third parties may set cookies or similar technologies on your device and may collect information about your interaction with the features. Your interactions with such features are governed by the applicable third party’s privacy policy.
  • Embedded Content from Third Parties: The Site may include embedded content (for example, videos, images, or articles) provided by third parties. Embedded content behaves in the same manner as if you visited the third-party website directly.

Third-party websites may collect data about you, use cookies or similar technologies, embed additional third-party tracking, and monitor your interaction with embedded content, including where you have an account with the relevant third party and are logged in.

9. Adverts and Analytics Services Provided By Others

Advertisements displayed on the Site may be delivered by third-party advertising networks and analytics providers that may use cookies or similar technologies to collect information about your use of the Site and other websites or services. These technologies may be used to recognise your device, measure and analyse usage, determine content popularity, and deliver advertising that may be more relevant to your interests. This Privacy Policy applies only to Explorer Kenya’s collection and use of personal data and does not govern third-party collection practices.

10. reCAPTCHA v3

We use reCAPTCHA v3 to help protect the Site and our forms from spam, fraud, and abuse. reCAPTCHA analyses user interactions to assess whether activity is legitimate.

In connection with this process, certain technical information may be processed, including device- and application-related data, for security and abuse-prevention purposes.

By using the Site, you acknowledge that reCAPTCHA is used to help maintain the security and integrity of the Site.

11. Privacy Policy Changes

We may update this Privacy Policy from time to time. Where changes are material, we will take reasonable steps to provide notice, which may include posting an updated version on this page, updating the effective date, and/or providing additional notice through the Site or by email. Your continued use of the Site after an update constitutes your acceptance of the revised Privacy Policy.

12. Which Laws Apply

This Privacy Policy is governed by and construed in accordance with the laws of South Africa. To the extent a court has jurisdiction over any dispute arising out of or in connection with this Privacy Policy, the parties submit to the jurisdiction of the South African courts. To the extent permitted by law, Explorer Kenya disclaims liability for costs incurred by users in obtaining professional advice regarding this Privacy Policy.

13. How To Access, Update Or Delete Information

Registered users may be able to access, correct, or delete personal data through account settings and tools we make available. If you are unable to do so, you may contact us for assistance using the details in the Contact Us section.

When making a request, please provide sufficient information to enable us to identify your account (for example, your name and email address). We may request additional information to verify your identity and to protect your personal data.

14. Contact Us

If you have any questions about this Privacy Policy, please contact us at info@explorerkenya.com.