Last updated: June 3rd, 2025
Previous version: March 5th, 2024
These Terms of Service (the “Terms”) apply to your use of the Fishbrain mobile application, our website at http://www.fishbrain.com (collectively with our apps and websites, the “Sites”), our platform to sell fishing-related goods and services (the “Fishbrain Shop”), and our other applications, software, features, tools, and services related to any of the foregoing (collectively, the “Services”). The Fishbrain Sites are made provided by Fishbrain AB, Reg. No 556796-5370, a company duly incorporated and organized under the laws of Sweden, having its registered address at Sveavägen 15, 111 57 Stockholm, Sweden [(the “Fishbrain Sites Entity”). The Fishbrain Shop is provided by Fishbrain Inc., a Delaware, U.S., corporation having a place of business at 3500 South DuPont Highway, Suite JM-101, Dover, DE, 19901 (the “Fishbrain Shop Entity”). The Fishbrain Sites Entity and the Fishbrain Shop Entity referred to collectively as “Fishbrain.” As used herein, ‘Fishbrain’, ‘we,’ and ‘us’ refers to Fishbrain AB and/or Fishbrain Inc., as applicable. You are referred to herein as “you.” Users of the Services are referred to herein as “Users.” The Fishbrain Sites and Services related thereto are provided pursuant to the laws of Sweden and the Fishbrain Shop and Services related thereto are provided pursuant to the laws of the state of Delaware, U.S.
These Terms create a legal agreement directly between you and Fishbrain and explain the rules governing use of the Services. You agree to comply with, the Terms, our privacy policy located at http://www.fishbrain.com/privacy , all updates to the foregoing, and any additional terms we may make available to you on the Services, and all applicable local, state, national, and international laws, rules, and regulations.
BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, BY CREATING AN ACCOUNT, OR BY CLICKING “SIGN UP” OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. This agreement was written in English. To the extent a translated version of the Terms conflict with the English version, the English version controls. NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND FISHBRAIN ARE RESOLVED, INCLUDING AN AGREEMENT TO ARBITRATE, WHICH WILL, UNLESS YOU RESIDE IN THE EUROPEAN UNION, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND LIMIT YOU TO CLAIMS AGAINST FISHBRAIN ON AN INDIVIDUAL BASIS, UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE INSTRUCTIONS BELOW.
The Services are intended solely for persons who are 13 years old or such higher age required in your country to use the Services. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
To use the Services, you must register. You agree to: (a) provide true, accurate, current and complete information about yourself (collectively, “Registration Data”) and (b) maintain and promptly update the User Data. You agree that Fishbrain may use your User Data to provide Services that you access or use and as otherwise set forth in these Terms. If you provide any User Data that is inaccurate or not current, or Fishbrain has reasonable grounds to suspect that such User Data is inaccurate or not current, Fishbrain has the right to suspend or terminate your account and refuse current or future use of the Services. In consideration of your use of the Services, you represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction.
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, and for restricting access to your computer and your mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content (as defined below), or the personal information you provide, and we cannot promise that our security measures will prevent third-parties from illegally accessing the Services or its contents. You agree to immediately notify Fishbrain of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to User Data and any other information or content you provide to Fishbrain.
You acknowledge that you are fully responsible for obtaining all relevant fishing permits or other authorizations needed in order to fish at a location which may be presented to you in our Services. You agree not to use our Service in connection with any unpermitted, unauthorized, illegal, or dangerous (to you or others) fishing or other activities.
Fishbrain holds the qualities of respect for others and originality of creation in high regard. When you use or interact with our Services and/or with other Users of the Services, you may elect to send, display, distribute, use, submit, upload, communicate, transmit, or otherwise make available to us and/or to other Users of the Services content, including but not limited to information, data, photographs, video, text, sound, software, graphics, messages, posts, tags information on your geographical position ratings, reviews, comments, opinions, and other content (collectively, "Content") whether publicly posted, privately transmitted, or submitted through a third party API (e.g. a photograph submitted via Instagram).
For all Content you use, send, upload, communicate, transmit, or otherwise make available in connection with the Services, you grant to Fishbrain and our affiliates an unlimited, non-exclusive, irrevocable, worldwide, perpetual, royalty-free, fully sublicensable and fully transferable right to use, copy, reproduce, change, modify, adapt, edit, distribute, translate, transfer, host, store, display, create derivative works from, make publicly available and/or perform such Content in relation to our Services throughout the world in any media, including but without limitation for purposes of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. To the fullest extent permitted under applicable law, you waive your moral rights (or 'droit moral') to and/or in the Content. You acknowledge and agree that we may share Content with our affiliates, partners, and companies that we cooperate with, as well as third party services such as Facebook and Instagram.
When you appear in, create, upload, post, or send Content via the Services, you also grant Fishbrain, our affiliates, and our business partners and licensees the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice, and information about your activities and actions you have taken, including your use of third party products, services, or devices, in ads, offers, and other commercial contexts on the Services and otherwise in connection with commercial or sponsored content without compensation to you. This means, among other things, that you will not be entitled to any compensation from Fishbrain, our affiliates, or our business partners if your name, likeness, or voice is conveyed through the Services, either on the Fishbrain application or on one of our business partner’s platforms.
You agree that the Content you send, upload, communicate, transmit, distribute, display, use, submit, or otherwise make available, and your use of the Services:
is true and accurate and not false or misleading;
is not threatening, disparaging, hate speech, an incitement to violence, defamatory, pornographic, racially or ethnically offensive, graphic violence, discriminatory, obscene, insulting, harassing, intimidating, bullying, slanderous or otherwise illegal, injurious, objectionable, or inappropriate;
does not infringe or otherwise violate the intellectual property (including copyright), publicity, privacy, or other rights of any third party;
is not information that you are not legally entitled to distribute (such as insider information or confidential information);
does not contain any unsolicited or unauthorized advertising, commercial solicitation, political campaigning, promotional material, 'junk mail', 'spam', 'chain letters', mass mailing, 'pyramid schemes' or any other form of solicitation; and
does not contain software virus or any other technology that may harm the Services, or the interests or property of our Services or the other Users of the Services.
If your Content violates these Terms or is otherwise objectionable, you may bear legal responsibility for that Content. As between you and Fishbrain, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Fishbrain is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Fishbrain in a position that is any different from the position held by members of the general public, including with regard to your Content. Use of your Content is governed by Fishbrain’s Privacy Policy located at https://fishbrain.com/privacy.
Fishbrain appreciates the opportunity to be notified of any objectionable or unauthorized use of Content, and Users, rights holders and licensees are invited to inform Fishbrain of any potential violations by sending an email to us at support@fishbrain.com.
Fishbrain hereby reserves the right in its absolute discretion, at any time and for any reason, including to provide and develop the Services or if we think your Content violates these Terms or is otherwise objectionable, to screen, monitor, refuse, remove or edit any Content or activity from the Services, but is not required to do so. Fishbrain is not responsible, and assumes no liability, for any third party content or Content provided by you, nor information contained therein or made available or otherwise used in connection with the Services, and is not responsible for the deletion or loss of any content or the failure of any content to comply with these Terms.
Read more in the Fishbrain Guidelines.
Certain rules must be complied with in order to maintain the integrity, legality, and safety of the Services and to promote the User experience. By using the Services you agree that:
You are thirteen (13) years of age or above; no one under 13 may create an account or use the Services;
You can form a binding contract with Fishbrain;
You are not a person who is barred from using the Services under the laws of the United States or any other applicable jurisdiction—meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition and are not the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Services.
You will comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including our software), technology, and services.
You will use the Services and Content only as expressly permitted in these Terms; you will not use the Services or Content for any purpose that is illegal or prohibited by these Terms or enable or assist anyone else to do so, nor will you encourage or promote any activity that violates these Terms;
You will use the Services and Content for your own private, personal purposes only and not for any commercial use other than purchasing products through the Service, such as marketing or sale of goods or Services, or for any business or other entity;
You will only send, upload, communicate, transmit, distribute, display or otherwise make available Content that you own or otherwise have all necessary rights in and are permitted to make available in the Services;
You will not use another person or entity's name or e-mail address or identity when you use our Services or mislead as to the origin of Content, nor will you solicit login credentials from another User or use or attempt to use another User’s account, username, or password;
If you create a User account, you will only create one account per platform, provide your full name and a valid e-mail address through which we will be able to contact you as well as any other step required in order to sign up for an account; you agree to keep your login details to your User account secure and confidential, which includes but is not limited to not disclosing your login details to anyone else or allowing someone else to use your login details or account; you will not create another account if we disable your account; you will not buy, sell, rent or lease access to your account; and you accept full responsibility for the activities carried out by the use of your account or credentials;
You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services, gather or extract data, or collect any personal or other information (such as User name and e-mail address) regarding users of our Services;
You will not decompile, disassemble or reverse engineer the Services or attempt to extract the source code of software that is part of the Services, or circumvent, deactivate or otherwise interfere with any technological measure or security-related feature of the Services;
You will not copy, modify, distribute, sell, archive, download, upload, syndicate, broadcast, perform, display, make available, or lease any part of our Services or content;
You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent;
You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services;
You will not upload viruses or other malicious code or otherwise compromise the security of the Services;
You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
You will not probe, scan, or test the vulnerability of our Services or any system or network and
You will not remove or amend any copyright or other proprietary notices, or use branding, logos, designs, photographs, videos or any other materials used in our Services unless you own or otherwise have the express right to use such content for such purpose.
The Services function, among other things, as a venue to connect users in a virtual information place. As a neutral facilitator, Fishbrain is not directly involved in the actual interactions between users of the Services. As a result, Fishbrain has no control over the truth, accuracy, quality, legality, or safety of postings made by users of the Services. Fishbrain shall have no responsibility to confirm the identity of users. Fishbrain shall also have no responsibility to confirm or verify the qualifications, background, or abilities of users of the Services. You shall at all time exercise common sense and good judgment when dealing with any User of the Services.
If you elect to use our features to inform your contacts about the Services or share your information with others, Fishbrain may require you to provide contact information. You represent that you are authorized to provide any third party contact information that you provide to Fishbrain, that you are authorized to use such information to contact (including for Fishbrain to contact on your behalf) the third party, and that Fishbrain may process it pursuant to the https://fishbrain.com/privacy.
When you sign up for an account you provide personal details to us that may be deemed as personal information under the applicable legislation. By using our Services, you agree to our collection and use and sharing of personal and other data in accordance with our Privacy Policy, which is published at: https://fishbrain.com/privacy.
In addition, if you enable the Services to interact with any third party (such as social network sites), you give us permission to use information which that third party shares with us. You are advised to read third party terms carefully to see what information they might share with us.
When you visit or interact with our Services, Fishbrain uses and our authorized services providers may use cookies to store certain types of information for each time you visit or interact with our Services. By accepting these Terms you agree to Fishbrain using cookies in accordance with our Cookie Policy, which is published at: https://fishbrain.com/cookie-policy.
You may terminate your account and use of the Services at any time.
You agree that Fishbrain may, without prior notice, immediately terminate your account and/or access to the Services for causes that include but are not limited to, the following: (a) breaches or violations of the Terms or other applicable agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files, and Content associated with your account, and (z) barring of further use of the Services. All terminations for cause shall be made in Fishbrain’s sole discretion and that Fishbrain shall not be liable to you or any third party for any termination of your account or access to the Services.
All license grants set forth in these Terms and expressly identified as “perpetual” will, along with the following Sections, survive termination for any reason of your account, these Terms, and/or of the Services: Sections 4 (Privacy), 9.2(c) (Recalls), 10 (Third Party Services), 13 (Disclaimer of Warranties and Liability), 15 (Indemnity), 16 (Choice of Law and Forum), 17 (Dispute Resolution and Forum – Fishbrain Shop), and 18 (General).
Fishbrain may change the Services at any time, such as by adding or removing features or discontinuing the Services. We may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any advance notice.
Please review our other policies, including but not limited to our Privacy Policy and Cookie Policy, as well as our Fishbrain help page posted on our site. These policies also govern your use of Services. We reserve the right to make changes to our site, policies, and these Terms at any time without notice, effective upon posting or as otherwise required by applicable law. You are advised to regularly review the latest version which is published at https://fishbrain.com/terms-of-service. If you do not wish to accept such Terms, you can terminate your account. Any continued use by you of the Services following the notification of modified Terms shall constitute acceptance by you of such Terms. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
You may subscribe to Fishbrain's premium service. If you are between 13 and 18 years of age your legal guardian must consent thereto and purchase the subscription for you and you may use the Services only with the involvement of a parent or guardian. We may change our subscription fees from time to time by posting the changes on the Fishbrain site. If you continue to use the Services after the new fees apply you accept and agree to pay the new fees.
The Fishbrain Shop offers a wide array of fishing and related gear for purchase. The Fishbrain Shop is provided by Fishbrain, Inc. and is available only to U.S. Users of the Services. You must have your own Fishbrain account in order to use the Fishbrain Shop, and you may be required to be logged in to the account and have a valid payment method associated with it.
(a) Order Process. You may place orders to purchase items (“Product(s)”) in the Fishbrain Shop (“Order(s)”) from one of the third party sellers (“Seller(s)”) offering Products there.
(b) Order Fulfillment. Sellers are solely responsible for, and bear all liability for, the fulfillment of each Order, including but not limited to packaging and shipping of Products, and customer service.
(c) Shipping Options. Shipping options for all Products sold through the Fishbrain Shop will be made available to you by Seller at checkout. Products cannot be shipped outside the United States or in any region where the sale of such product violates any policy of the Seller or any or applicable law.
(a) Cancellations and Returns. Returns for Products sold on the Fishbrain Shop that are eligible for return (e.g., not final sale) must be returned within 30 days of receipt of shipment in order to receive a full refund. Products must be returned in the original carton with original packaging, accessories, and instructions.
(b) Refunds. If Seller determines you are due a cash refund, the refund will be made via your original payment method (e.g., credit or debit card).
(c) Recalls. Fishbrain will have no responsibility or liability for any recalls of Products sold through the Fishbrain Shop. Seller is solely responsible for any non-conformity or defect in, or any public or private recall of, Seller’s Products.
Fishbrain attempts to be as accurate as possible. However, product descriptions are provided by sellers, and Fishbrain does not warrant that product descriptions or other content of any Service is accurate, complete, reliable, current, or error-free. If a product offered on the Fishbrain Shop is not as described, your sole remedy is to return it in unused condition per the Seller’s terms.
With respect to items sold by Fishbrain, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items on the Fishbrain Shop may be mispriced. If the correct price of an item sold on the Fishbrain Shop is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Fishbrain may include links to, or otherwise make available through the Services, products, services, features, and/or functionality operated by a third party. Third Party Services made available on the Services are made and offered directly by the applicable third party. Your interaction with, or participation in promotions of, third parties found on or through the Services, and any other terms, are solely between you and such third party and are subject to such third party’s terms and conditions.
You are advised to read third party terms, including terms of use/service and privacy policy, carefully as they constitute an agreement between you and the third party. You acknowledge and agree that Fishbrain is not responsible or liable for a third party’s terms, products, content or actions, including their failure to comply with their terms of use/service or privacy policy.
YOU AGREE THAT FISHBRAIN SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES.
Fishbrain or third parties may provide links to other internet sites or resources through the Services. Fishbrain does not endorse and is not responsible or liable for any content, information, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that Fishbrain is not responsible for the availability of such external sites or resources.
Fishbrain may embed YouTube videos through YouTube API Services and in such cases this integration is governed by the YouTube terms of service and Google Privacy Policy.
You acknowledge and agree that the Services, any necessary software used in connection with the Services, any data based on content on the Services, and any content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by Fishbrain or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or Content available on the Services (other than Content that you may submit), in whole or in part.
Fishbrain grants you a personal, revocable, non-transferable, non-sublicensable, non-exclusive right and license to access and use the Services; -provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services, except where permitted by law.] You agree not to access the Services by any means other than through the interfaces that are provided by Fishbrain.
The term “FISHBRAIN,” the Fishbrain logo and other Fishbrain logos and product and service names are the exclusive trademarks of, and are owned by, Fishbrain, Inc., and you may not use or display such trademarks in any manner without Fishbrain’s prior written permission. Any third party trademarks or service marks displayed on the Services are the property of their respective owners. Fishbrain reserves all rights not expressly granted hereunder.
Fishbrain honors the requirements set forth in the Digital Millennium Copyright Act. We take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if Fishbrain becomes aware that one of its Users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the User’s account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please file a notice with our designated agent by emailing support@fishbrain.com. If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:
contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner.
identify the copyrighted work claimed to have been infringed.
identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material.
provide your contact information, including your address, telephone number, and an email address.
provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to Fishbrain a worldwide, non-exclusive, transferable, assignable, sub- licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send Fishbrain any Feedback that you do not wish to license to us as set forth above.
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. FISHBRAIN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. FISHBRAIN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (e) SELLERS AND OTHER THIRD PARTY PROVIDERS WILL COMPLY WITH THEIR RESPECTIVE COMMITMENTS, TERMS OR POLICIES, AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
YOU EXPRESSLY AGREE TO RELEASE FISHBRAIN, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR FISHING ACTIVITIES AND/OR USE OF THE FISHBRAIN WEBSITES, MOBILE APPLICATIONS, CONTENT, SERVICES OR PRODUCTS, INCLUDING PRODUCTS PURCHASED ON THE SHOP AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY FISHBRAIN WHILE ENGAGED IN FISHING ACTIVITIES, (c) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, (d) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF FISHBRAIN HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS OF LIABILITY ABOVE, SUCH AS EXCLUSIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN ENTERING INTO THIS RELEASE, 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, COUNTRY 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.”
FISHBRAIN DOES NOT ENDORSE YOUR CONTENT OR ANY OTHER USER’S CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT ON THE SERVICES. THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED THE GREATER OF EITHER (a) FIFTY DOLLARS ($50) OR (b) THE AMOUNT OF FEES PAID BY YOU TO FISHBRAIN IN THE 12-MONTHS PRIOR TO DATE THE CLAIM.
IF YOU ARE A CONSUMER RESIDING IN THE EUROPEAN UNION, YOU HAVE LEGAL REMEDIES IF WE CAUSE YOU LOSS BY OUR BREACH OR NON-PERFORMANCE OF OUR LEGAL OBLIGATIONS, OR BY OUR NEGLIGENCE, AND THESE TERMS DO NOT AFFECT THOSE STATUTORY REMEDIES.
Under California Civil Code Section 1789.3, California Services Users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
You agree to indemnify and hold Fishbrain and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Services, your use of the Services, your use of any products obtained on the Shop, your fishing activities which generate the Content you post or seek to post on the Services, your connection to the Services, your violation of the Terms, your violation of any data protection or privacy or other laws, or your violation of any rights of another person or entity. Your rights with respect to Fishbrain are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of our Services, do not permit it.
Any action related to the Terms, Content, the Services, and/or your relationship with the Fishbrain, other than with respect to the Fishbrain Shop, shall be governed by, and construed and interpreted in accordance with, the laws of the Sweden without regard to its conflict of laws principles, and the parties irrevocably consent to bring any such action in and consent to the exclusive jurisdiction of the courts of Sweden. Any action related to the Fishbrain Shop will be governed by, and construed and interpreted in accordance with, the laws of the State of Delaware, U.S., and the parties irrevocably consent to dispute resolution per the terms of Section 17 below (Dispute Resolution) for any claims arising out of or relating to the Fishbrain Shop, which arbitration will take place in Wilmington, Delaware, U.S. THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS AND THE UNIFORM COMPUTER INFORMATION TRANSACTION ACT AS CURRENTLY ENACTED BY ANY JURISDICTION OR AS MAY BE CODIFIED OR AMENDED FROM TIME TO TIME BY ANY JURISDICTION DO NOT AND SHALL NOT APPLY IN ANY ACTION RELATED HERETO. and If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees.
Notwithstanding the foregoing, if you are a User based in the European Union, your local laws in your European Union Member State may allow you to take legal action against Fishbrain in your Member State and to invoke certain local laws against Fishbrain.
The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Except for disputes relating to the Fishbrain’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) or if you opt out of this agreement to arbitrate, all claims arising out of or relating to the terms of this Agreement related to the Fishbrain Shop Services and/or your use of the Fishbrain Shop shall be finally settled by binding arbitration administered by JAMS in accordance with its provisions and procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Fishbrain will pay the additional cost. You and Fishbrain hereby expressly waive trial by jury. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Fishbrain is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. This provision does not apply to users who live in the European Union.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
The parties further agree that any arbitration shall be conducted in their individual capacities only, and not as a class action or other representative action. If any court or arbitrator determines that the class-action waiver set forth in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a U.S. small claims court for disputes or claims within the scope of that court’s jurisdiction.
You have the right to opt out and not be bound by the arbitration- and class-action-waiver provisions set forth in this section by sending written notice of your decision to opt out to the following address: legal@fishbrain.com. The notice must be sent within 30 days of registering to use the Services; otherwise, you shall be bound to arbitrate disputes in accordance with these Terms. If you opt out of these arbitration provisions, Fishbrain also will not be bound by them. In addition, if you elect to opt out of these arbitration provisions, Fishbrain may terminate your use of the Services.
Except to the extent prohibited by applicable law, You agree that any claim you may have arising out of or related to your relationship with Fishbrain and these Terms must be filed within one year after such claim arose; otherwise, your claim is permanently barred. This provision does not apply if you are based in the European Union in which case time limitations shall be determined in accordance with governing law for EU users mentioned below.
You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between you and Fishbrain as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and Fishbrain with respect to your use of the Services. The failure of Fishbrain to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of Fishbrain.
Fishbrain has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Services. Fishbrain’s notice to you via email, regular mail or notices, posts, or links on the Services shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.
Fishbrain and its third party service providers may make improvements and/or changes in the Services, products, Services, mobile applications, features, programs, and prices described at any time and for any reason in its sole discretion. The mobile application may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the Services. Fishbrain reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice. You agree that Fishbrain shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
SUPPORT AND QUESTIONS. We will respond to any questions regarding the Services and these Terms via support@fishbrain.com. We generally respond to support requests within 10-14 days after the request is placed.
Last updated: June 3rd, 2025
Previous version: August 1, 2023
This Privacy Policy together with the Regional consumer privacy notice for U.S. residents sets out how Fishbrain AB, Reg. No 556796-5370, a company duly incorporated and organized under the laws of Sweden, having its registered address at Sveavägen 15, 111 57 Stockholm, Sweden (the "Fishbrain Sites Entity"), and Fishbrain Inc., a Delaware corporation having a place of business at 3500 South DuPont Highway, Suite JM-101, Dover, DE, 19901 (the "Fishbrain Shop Entity" and, collectively with the Fishbrain Sites Entity, "Fishbrain") collect, use and share personal data that we obtain as a result of your use of the Fishbrain mobile application (or "app"), our website at https://fishbrain.com (collectively with our apps and websites, the "Sites"), our platform to sell fishing-related goods and services (the "Fishbrain Shop"), and our other applications, software, features, tools, and services (all of the foregoing, collectively, the "Services"). As used herein, 'Fishbrain', 'we,' and 'us' refers to Fishbrain AB and/or Fishbrain Inc., as applicable.
By using or accessing the Services, you confirm that you have received this Privacy Policy and that you agree to the collection, use, and sharing of your personal data as explained in this Privacy Policy. If you do not agree, please do not use or access the Services. If you have any questions regarding the processing of your personal data, please contact us at support@fishbrain.com.
You have several rights in relation to the personal data that we hold about you. If you want to exercise any of your rights described below, you can contact us at support@fishbrain.com. We will try to respond to any request as soon as possible, but we will always do so within 30 days of receipt of your request and sufficient evidence of ID. Your rights include:
Right of access: You have a right to know what information we hold about you and to have the information communicated to you. In case you want to exercise this right, please contact us at support@fishbrain.com and let us know what information you would like to receive. We may need to verify your identity and/or require additional information before we provide you with any information or update your information as discussed below. Note that we may not be able to provide all the information you ask for or update your personal data, including if the information includes personal data about another person or if the request is unlawful.
Examples of information you can access and edit easily at Fishbrain.com and/or in our app and/or in the Fishbrain Shop include, where applicable, current information regarding recent orders, personally identifiable information (including name, email, password, communications preferences, address book), payment settings (including promotional certificate and gift card balances), email notification settings, recommendations, shopping lists, gift registries, and wish lists, and your Profile.
Right to restrict processing: You have the right to request that we stop processing all or some of your personal data, if you believe that your personal data is incorrect, that our processing is unlawful or that we do not need your personal data for a specific purpose. In case you want to exercise this right, please contact us at support@fishbrain.com.
Right to object: You have the right to object to our processing of your personal data, if the processing is based on our legitimate interest, and/or if we use your data for direct marketing purposes. If there are types of information you do not agree with us processing, or if you have any questions, you can contact us at support@fishbrain.com.
Revoking permissions: In some cases we will ask for consent to use your information for specific purposes. If you let us use your information, you can later change your mind and revoke your permission by changing the settings on your device if your device offers those options. If you do that, certain services may lose full functionality.
Data Portability: You have the right to receive your personal data in a portable and machine-readable format.
Data rectification/deletion: You have a right to have some of the personal data that we hold about you rectified or deleted. You can access, edit, add/delete, and/or update most of your basic account information in our app and/or in the Fishbrain Shop. Should you wish to have any information about you rectified or deleted, please contact us at support@fishbrain.com. When we delete personal data about you, we may still retain some or all of that information for other purposes such as maintaining financial records, protecting or enforcing legal rights, or for technical reasons such as maintaining our database integrity. We may also retain your information in an anonymized form.
Account deactivation/deletion: If you have an account with us and object to our processing of your personal data or you want us to deactivate your account, you can ask us to deactivate it by contacting us at support@fishbrain.com. We may ask you for other information before we are able to deactivate your account. You can delete your account at any time by contacting us at support@fishbrain.com.
Withdrawal of consent: If you have selected to receive direct marketing communications from us, and you want to stop receiving them, you can click on the opt-out link in the marketing communication sent. If you do not want to receive email or other mail from us, please contact us at support@fishbrain.com to adjust your customer communications preferences.
Communicating with other Fishbrain users: It is important to us that you stay in control over whom you communicate with. Our Settings tool lets you indicate, among other things, whether you'd like to receive messages from all Fishbrain users or just the Fishbrain users you follow, and whether you would like to block another Fishbrain user from contacting you again.
Users in the European Union (EU), the European Economic Area (EEA) or the United Kingdom (UK): If you want to read more about your data protection rights - please see here .
As discussed above, you can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of certain features of the Services.
Fishbrain's Services are for logging, tracking, and sharing fishing-related information, buying and rating fishing-related products through the Fishbrain Shop, and/or such other Services as we may make available from time to time. To provide these Services we collect, use, and store information about you.
In this section, we set out the types of personal data that we collect when you interact with and use our Services. In section 4 below, we describe the purposes for which we use and for how long we store the below mentioned types of personal data. We collect personal data such as:
Your privacy is important to us. Where the GDPR is applicable, we will only process your personal data if we have a legal basis for the processing.
In the tables below, we set out:
Purpose of processing | Legal basis for processing | Types of personal data used for the purpose | For how long we process personal data for the purpose |
|---|---|---|---|
To administer the purchase when you place an order through the Fishbrain Shop. | Contractual necessity (Article 6(1)(b) GDPR). |
| For as long as necessary in order to fulfill the contract and provide our Services to you. |
To enable in-app purchases and/or subscriptions. | Contractual necessity (Article 6(1)(b) GDPR). |
| For as long as you have a subscription at Fishbrain and/or for as long as necessary in order to provide our Services to you. |
To monitor and analyze trends and usage to develop, operate, improve, deliver, maintain, enhance and protect our Services. | Legitimate interest in providing and improving our Services (Article 6(1)(f) GDPR). |
| For as long as necessary in order to provide our Services to you and/or for as long we keep your personal data in our systems in accordance with this Privacy Policy. See Section 8 for more information on data retention and deletion of your personal data. |
To engage with you as a customer, including personalizing our Services by, among other things, suggesting users to follow or profile information, or customizing the content we show you (including using your precise location information if you've given us permission to collect that information). | Consent (Article 6(1)(a) GDPR) and/or legitimate interest in providing and personalizing our Services, including helping you find friends and content we think you will like (Article 6(1)(f) GDPR). |
| For as long as your consent is not revoked and/or for as long as necessary in order to provide our Services to you. |
To analyze and respond to customer inquiries when contacting our Support team, including to verify your identity when contacting us. | Legitimate interest in providing and improving our Services, including protecting your account and providing customer support (Article 6(1)(f) GDPR). |
| For as long as necessary in order to provide our Services to you. |
To analyze usage activities in order to optimize advertising campaigns and try to show you ads you will find interesting, since some of our Services are free. | Consent (Article 6(1)(a) GDPR) and/or legitimate interest of optimizing advertisements to deliver relevant advertising you will find relevant and interesting by understanding your interests and preferences (Article 6(1)(f) GDPR). |
| For as long as you use our Services or until you revoke your consent to process information collected by cookies and other technologies. |
To deliver push notifications and emails, or to share information about our Services and promotional offers that we think may interest you (CRM-system). To help us make emails more useful and interesting, we often receive confirmation when you open an email from Fishbrain (if your computer supports such capabilities). We also compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages. | Consent (Article 6(1)(a) GDPR) and/or legitimate interest in providing and marketing our Services (Article 6(1)(f) GDPR). |
| For as long as necessary in order to provide our Services to you, or until you revoke your permission by clicking on the unsubscribe link or similar mechanism as provided. |
Provide and improve search results, including through the use of your precise location information (if you've given us permission to collect that information), both on and off our Services. | Consent (Article 6(1)(a) GDPR) and/or legitimate interest in providing and improving our Services (Article 6(1)(f) GDPR). |
| For as long as necessary in order to provide our Services to you or until you revoke your consent. |
Contextualize your experience by, among other things, tagging your content using your precise location information (if you've given us permission to collect that information), and applying labels based on the content. | Consent (Article 6(1)(a) GDPR) and/or legitimate interest in providing our Services (Article 6(1)(f) GDPR). |
| For as long as necessary in order to provide our Services to you or until you revoke your consent. |
Enforce our Terms of Service and other usage policies and protect Fishbrain from legal claims and safeguard Fishbrain's legal rights. | Legitimate interest in providing our Services, exercising our rights and protecting ourselves from legal claims (Article 6(1)(f) GDPR). | All types of personal data mentioned in Section 3 might be applicable. | For as long as you are using our Services and thereafter for a period up to 10 years based on statute of limitations. |
To verify your identity and prevent fraud or other unauthorized or illegal activity, and enhance the safety and security of our Services, including risk management. | Legitimate interest in providing our Services and preventing any unauthorized or illegal activity and securing our Services, including protecting your account (Article 6(1)(f) GDPR). |
| For as long as necessary in order to provide our Services to you and to prevent any unauthorized or illegal activity. |
To fulfill legal obligations applicable to Fishbrain. | Legal obligation by law to retain personal data (Article 6(1)(c) GDPR). | All types of personal data mentioned in Section 3 might be applicable. | This processing takes place for the entire period during which Fishbrain must retain the information, to comply with applicable law. As an example, under anti-money laundering laws or bookkeeping laws, it is generally retained for 5 and 7 years, respectively. |
We may share aggregated, non-personally identifiable, or de-identified information with third parties, and we will maintain the information in such form and not attempt to re-identify the information, except that we may attempt to re-identify the information solely for the purpose of determining whether de-identification processes used satisfy legal requirements. The third parties may be research partners providing valuable insights for conservation and sustainability efforts, but also service providers contractually obligated to use the data only for the specified service function. However, we do not sell personal data about our users to any unrelated third parties for any consideration.
Where a third party processes Fishbrain user data on our behalf, it is subject to security and confidentiality obligations consistent with, and not less restrictive than, this Privacy Policy and applicable law, and it may not use the personal data for purposes other than to perform their functions. In other cases, we provide services or sell product lines jointly with these businesses. We share customer information related to those transactions with that third party.
In the tables below we describe to whom and for which reasons we may share your personal data.
Categories of recipients | Categories of personal data | Reasons for sharing |
|---|---|---|
Fishbrain Group Companies, including Fishbrain AB, Fishbrain Inc., and other companies acquired by Fishbrain (please see Section 15 below) | All types of personal data mentioned in Section 3 might be applicable and thus be shared, or limited remote access may be given to the relevant company in our Group. | In order to provide and improve our Services. The Fishbrain Group Companies are either subject to this Privacy Policy or follow practices at least as protective as those described in this Privacy Policy. |
Sellers and Carriers on the Fishbrain Shop |
| In order to fulfill their transactions with you. All such sellers are required to comply with this Privacy Policy (or more restrictive terms) and additional restrictions with respect to such information; however they may share such information with companies and individuals that perform functions on their behalf, such as fulfilling orders and delivering packages. You acknowledge and agree that we are not responsible for how such sellers use your information. |
Service providers and business partners. We engage service providers that help us provide, support, and develop our Services and understand how it is used. For instance, we work with Amazon Web Services to host and process our data and we work with various analytics providers to help us understand the use of our Services to build a better product. Other examples of functions performed on our behalf include fulfilling orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. | The type of personal data shared depends on the applicable service. We are committed to only sharing what is necessary for the performance of the specified function.
| In order to perform functions on our behalf and process user data in order to help us provide and improve our Services. Such recipients are contractually obligated to use the data only for the specified function. |
Advertising partners. You may see advertisements when you are on other websites and/or apps, such as on social media. | When you are interacting with such ads, our advertising partners may collect data, such as:
You can read more about this in Section 6 below. | To personalize offers or advertisements, analytics about how you engage with websites or ads and other commercial purposes, such as to present offers, promotions or other marketing that we think will be relevant to you. |
Corporate Transactions. Your information may be disclosed to third parties in the event of a corporate transaction, such as a merger, sale of assets or shares, reorganization, financing, change of control, liquidation or bankruptcy, or acquisition of all or a portion of our business to another company. | All types of personal data mentioned in Section 3 might be applicable. | To complete such corporate transactions, before, during and after the transaction closes. Please note that such third parties will follow practices at least as protective as those described in this Privacy Policy, and will be bound by requirements of confidentiality. |
Law enforcement authorities and other authorities, other parties to a dispute, or other companies and organizations for fraud protection and credit risk reduction. | All types of personal data mentioned in Section 3 might be applicable. However, please note that we will only share data to the extent required by such parties. | To comply with any court order, law or legal process, including to respond to any government or regulatory request; or applicable law, rule or regulation; or to investigate, remedy or enforce potential Terms of Service violations; protects the rights, property and safety of Fishbrain, our users or others; or to detect and resolve any fraud or security concerns. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. |
Other Fishbrain members | Username, name, and profile photo, information about how you have interacted with our Services, the names of Fishbrain members you follow and/or we suggest that you follow, and other information that will help Fishbrain members understand your connections with others using our Service, for example whether you have interests in common, such as the type(s) of fishing you are most interested in, any additional information you have directed us to share, and content you post or send. | In order to provide, contextualize and improve your user experience using our Services. How widely your content is shared depends on your personal settings and the type of service you are using. |
Sharing with all Fishbrain Members and the General Public
We may share public information like your name, username, and profile pictures without your permission. Any content that you submit to an inherently public service, including your postings and comments on Fishbrain, may be viewed and shared by the public at large both on and off our Services, including through search results, on websites, in apps, including social networks, and in online and offline broadcasts.
When you submit information as part of a competition or interact with us on social media, we may publish the information you submitted with your name in our app and social media channels.
By using our service, you acknowledge and agree that your personal data may be hosted and/or transferred to such recipients both within and outside the European Union, the European Economic Area and the United Kingdom. Any personal data collected from you may only be transferred outside the European Union, the European Economic Area and the United Kingdom by observing applicable privacy regulations and ensuring your privacy rights are protected. If you are located in the European Union, the European Economic Area or the United Kingdom, you can read more about this under Section 11 below.
Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.
Our services may contain third-party links and search results, include third-party integrations, or offer a co-branded or third-party-branded service. Through these links, third-party integrations, and co-branded or third-party-branded services, you may be providing information (including personal data) directly to the third party, us, or both.
As always, we encourage you to review the privacy policies of every third-party service that you visit or use, including those third parties you interact with through our services.
Sometimes we send offers to selected groups of Fishbrain users on behalf of other businesses. When we do this, we do not share any of your information with that business. If you do not want to receive such offers, please contact support@fishbrain.com.
Fishbrain may embed YouTube videos through YouTube API Services and in such cases this integration is governed by the YouTube terms of service and Google Privacy Policy.
We store profile/account data like name, username, password, email address, telephone number, address, and the content created by you such as posts, photos, and videos (and associated location information), as long as it is necessary for the provision of our Services to you. If you wish us to discontinue storing this data, please contact us at support@fishbrain.com.
Keep in mind that we cannot promise that deletion will occur within a specific time frame. There may be legal requirements to store your personal data, and we may receive a legal process asking us to keep content, if we receive reports of abuse or other Terms of Service violations, or if your account is flagged by others or our systems for abuse or other Terms of Service violations.
If you decide to stop using Fishbrain, you can request that we delete your account.
While our systems are designed to carry out our deletion practices automatically, we cannot promise that deletion will occur within a specific timeframe. There may be legal requirements to store your data and we may need to suspend those deletion practices if we receive valid legal process asking us to preserve content or if we receive reports of abuse or other Terms of Service violations. We may also retain certain information in backup for a limited period of time or as required by law.
When using the Services you may agree to our use of cookies on the Services. Cookies are small text files that websites send to your device to enable us to recognize your device, provide you with a personalized experience on our Sites or otherwise through the Services, and uniquely identify your browser, store information, and settings in your browser, to operate the shopping cart for Sellers, to provide reporting across multiple sessions and devices, and provide certain personalized features of our Services.
If you agree to the use of cookies on the Services, we may also let other companies use cookies, web beacons, and similar technologies on our Services. These companies may collect information about how you use our Services over time and combine it with similar information from other services and companies. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, and better understand your online activity. You acknowledge and agree that we are not responsible for how those third parties collect or use your information. We may also collect information about your activity on third-party services that use cookies and other technologies provided by us.
Read more about how we use cookies on our Sites in our Cookie Policy - https://fishbrain.com/cookie-policy.
Our services are not intended for, and we do not direct them to, anyone under 13. We do not knowingly collect personal data from anyone under 13.
We do not sell products for purchase by children. We may sell children's products for purchase by adults. If you are under 18, you may use our Services to purchase products only with the consent and involvement of a parent or guardian.
If you are under the age of 13, please do not submit any personal data through the Services. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children never to provide personal data on the Services. If you have reason to believe that a child under the age of 13 has provided personal data to Fishbrain through the Services, please contact us at support@fishbrain.com, and we will endeavor to delete that information from our databases.
In addition to the rest of the privacy policy, the following policies apply solely to residents of the U.S with respect to personal information Company processes as a business.
Regional consumer privacy notice for U.S. residents
If you're a user located in the European Union (EU), the European Economic Area (EEA) or the United Kingdom (UK), you should know that Fishbrain AB is the controller of your personal data and you have several rights under the General Data Protection Regulation with respect to your personal data. Here is some additional information we would like to bring to your attention:
When transferring personal data to countries outside of the EU/EEA, these safeguards include, but are not limited to, ensuring implementation of the European Commission's Standard Contractual Clauses with applicable group companies, service providers and/or others. If the European Commission has decided that the country to which your personal data is being transferred has an adequate level of protection, we rely on that adequacy decision. You can read more about Standard Contractual Clauses and about which countries are deemed to have an adequate level of protection at https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection_en .
We take technical and organizational measures so that your data remains protected during the transfer to the applicable country. However, if you choose to shop at a store located in a country outside the EU/EEA, our data sharing with that foreign store, to administer your specific purchase, means that your personal data will be transferred to this country. You can always contact us at support@fishbrain.com, if you want more information about our safety measures.
If you choose to use the Fishbrain Services, your use of the Services, including access to https://fishbrain.com and our app(s), and any dispute over privacy is subject to this Privacy Policy and our Terms of Service - https://fishbrain.com/terms-of-service, including limitations on damages, resolution of disputes, and application of the law of the Country of Sweden, with respect to Fishbrain AB and the State of Delaware with respect to Fishbrain Inc.
We may change this Privacy Policy at any time, effective upon posting or as otherwise required by applicable law. When we do make modifications to this Privacy Policy we will revise the date at the top of the Privacy Policy posted on our website and app. If you do not wish to accept such modified Privacy Policy, you can terminate your account. Any continued use by you of the Services following the posting or communication of modified Privacy Policy shall constitute your acceptance of such policy. We may email periodic reminders of our notices and conditions, but you should check www.fishbrain.com or the app frequently to see recent changes. We may also provide you with additional notice (such as adding a statement to our website's homepage or providing you with an in-app notification). The Fishbrain Terms of Service may be modified from time to time as provided therein.
We stand behind the promises we make and will never materially change our Privacy Policy or practices to make them less protective of customer information collected in the past without any legally required consent of affected customers.
If you want to contact us about any of the matters in relation to this Privacy Policy please email support@fishbrain.com with a thorough description and we will try to resolve it. If you have any complaints regarding the processing of your personal data, you can also contact the applicable supervisory authority.
In December 2021, Fishbrain acquired Fish Rules LLC. The processing of personal data between the parties has not been materially affected as a result of the acquisition. However, personal data relating to users who use or have used the services of Fish Rules LLC will be received by Fishbrain. In order to comply with applicable privacy laws, fulfill our contractual obligations and in line with our legitimate interest to conduct our business, we will process this personal data.
The personal data received will be processed in line with applicable privacy laws and the privacy policy in force at the time of the acquisition. Please note that you also have the rights described in this privacy policy (please see Section 2). The privacy policy in force at the time of the acquisition, may be found at https://www.iubenda.com/privacy-policy/93586157 .