Last updated: March 5th, 2024
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 55 Shuman Blvd., Suite 850, Naperville, IL, 60563 (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 throughYouTube API Services and in such cases this integration is governed by theYouTube terms of service.
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 .