Last updated: Aug 1 2021
When you interact with our Services, you may choose to give us information, including personal information, such as: name, username, password, email address, telephone number, address, birth date, location data, profile photo, country, any other account or profile/settings information, any other user generated content that may be personally identifiable, such as photos and videos, any information you send through or post on our services, such as posts and direct messages, and information you volunteer when you contact customer support or communicate with us by phone, email, or otherwise.
You provide information when you participate in discussion boards or other community features, post content on the Sites, search for a product, place an order through the Fishbrain Shop, compile wish lists or other gift registries on the Fishbrain Shop, provide and rate reviews, purchase gear, and employ product availability alerts, if and as applicable. You might also provide information about people to whom Fishbrain Shop purchases have been shipped, including addresses and phone number, and email addresses of your friends and other people.
When you use our Services, we also collect information about which Services you used and how you used them. Examples of this type of information are:
Usage Information. We collect information about your activity through our Services, such as how you interact with our Services and communicate with other Fishbrain users, such as their names, the time and date of your communications, the number of messages you exchange with users, which users you exchange messages with the most, your interactions with messages (such as when you open a message), access times, pages viewed/content browsed, and pages you visited before or after navigating to our Sites.
Content Information. We collect content you create on our Services and information about the content you create or provide, such as if the recipient has viewed the content and the metadata that is provided with the content.
Device, Log Information. We collect information from and about the devices you use. For example, we collect information about your hardware and software, such as the hardware model, operating system version, platform, device memory, unique application identifiers, unique device identifiers, IP address, browser and plug-in type and version, language, and time zone; information from device sensors, such as accelerometers, gyroscopes, compasses, microphones, and whether you have headphones connected; and information about your wireless and mobile network connections, such as mobile phone number, service provider, and signal strength.
Device Phonebook. Because we enable you to communicate with friends, we may—with your permission—collect information from your device’s phonebook.
Camera and Photos. Some of our Services require us to collect images and other information from your device’s camera and photos. For example, in order to upload photos from your camera roll, we need to access your camera and/or photos.
Location Information. When you use our Services we may collect information about your location. With your permission, we may also collect information about your precise location using methods that include GPS, wireless networks, cell towers, Wi-Fi access points, and other sensors, such as gyroscopes, accelerometers, and compasses. Most mobile devices allow you to turn off location services; if you have questions about how to do this, we recommend you contact your mobile service carrier or your device manufacturer.
Purchase history and products you viewed or searched for. We may aggregate purchase information with that of other customers to create features like ‘top sellers’.
Session Information. We may measure and collect session information with respect to our website and apps, including, as applicable, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and length and frequency of use of the app.
We may also collect information about you from other users and third parties. Some examples are:
If you link your Fishbrain account to another service (like a third-party app), we may receive information from the other service, like how you use that service.
If another user uploads their contact list, we may combine information from that user’s contact list with other information we have collected about you.
Carriers and other third parties may provide updated delivery and address information, which we use to correct our records and deliver your next purchase or communication more easily;
Merchants whose products we sell may provide us account information, purchase or redemption information, and page-view information;
Your privacy is important to us. Data collected and/or stored by us is used to:
Develop, operate, improve, deliver, maintain, enhance, and protect our Services.
Send you communications, including by email. For example, we may use email to respond to support inquiries or to share information about our Services and promotional offers that we think may interest you. To help us make emails more useful and interesting, we often receive a confirmation when you open 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 to our customers.
Monitor and analyze trends and usage.
Personalize 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).
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.
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.
Enhance the safety and security of our Services.
Verify your identity and prevent fraud or other unauthorized or illegal activity.
Enforce our Terms of Service and other usage policies.
Sharing with Third Parties.
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.
We may also provide certain anonymized information to research partners.
We may share your information if we reasonably believe that disclosing the information is needed to comply with any valid legal process, governmental request, or applicable law, rule, or regulation; investigate, remedy, or enforce potential Terms of Service violations; protect the rights, property, and safety of Fishbrain, our users, or others; or detect and resolve any fraud or security concerns. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
Fishbrain AB and Fishbrain Inc. share your personal information with each other in connection with the provision of the Services. In addition, we may share your personal information with other corporate affiliates.
In the event of a business transaction (e.g., merger, asset sale, financing, liquidation or bankruptcy, or acquisition of all or some portion of our business to another company), we may share your information with that company before and after the transaction closes.
Sharing with other Fishbrain members.
We may share information about you with other Fishbrain members, including your 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 Services. For example, we may share whether you and another member 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. How widely your content is shared depends on your personal settings and the type of service you are using.
Sharing with all Fishbrain members, our business partners, 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.
We may also share with third parties aggregated, non-personally identifiable, or de-identified information. 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 Economic Area. Any personal data collected from you may only be transferred outside the European Union/the European Economic Area by observing applicable privacy regulations and ensuring your privacy rights are protected.
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.
You have certain rights in relation to certain personal information that we hold about you. Those 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 email@example.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 information, including if the information includes personal information 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.
Revoking permissions: 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: 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. You have the right to receive your personal data in machine-readable format.
Data rectification/deletion: You have a right to have some of the personal information 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 firstname.lastname@example.org. Where we delete personal information 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 email@example.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 firstname.lastname@example.org.
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 email@example.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.
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.
Our services may also 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 information) directly to the third party, us, or both. You acknowledge and agree that we are not responsible for how those third parties collect or use your information.
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 give that business your name and address. If you do not want to receive such offers, please contact firstname.lastname@example.org.
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.
It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared device.
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 email@example.com.
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.
The Help or Settings feature on most web browsers used to access the Services will tell you how to turn off acceptance of new cookies, how to have the browser notify you when you receive a new cookie, and how to disable cookies altogether. You can also delete cookies. Please note, however, that without cookies you may not be able to use all of the features of the Services. For instance, if you block or otherwise reject our cookies, you will not be able to use Fishbrain Services that require you to sign in. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the Web site of its manufacturer.
Our services are not intended for, and we do not direct them to, anyone under 13. We do not knowingly collect personal information from anyone under 13. In addition, we may limit how we collect, use, and store some of the information of EU users between 13 and 16. In some cases, this means we will be unable to provide certain functionality to these users. If we need to rely on consent as a legal basis for processing your information and your country requires consent from a parent, we may require your parent’s consent before we collect and use that information.
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’re a user in the European Union, you should know that Fishbrain AB is the controller of your personal information and you have certain rights under European law with respect to your personal data. Here is some additional information we would like to bring to your attention:
Bases for Using Your Information. Your country only allows us to use your personal information when certain conditions apply. These conditions are called “legal bases” and, at Fishbrain, we typically rely on one of four:
Contract. One reason we might use your information is because you’ve entered into an agreement with us.
Legitimate interest. Another reason we might use your information is because we have, or a third party has, a legitimate interest in doing so. For example, we need to use your information to provide and improve our Services, including protecting your account, delivering your photos, videos and messages, providing customer support, and helping you find friends and content we think you will like. Because some of our Services are free, we may also use some information about you to try and show you ads you will find interesting. An important point to understand about legitimate interest is that our interests do not outweigh your right to privacy, so we only rely on legitimate interest when we think the way we are using your data doesn’t significantly impact your privacy or would be expected by you, or there is a compelling reason to do so.
Consent. In some cases we will ask for consent to use your information for specific purposes. If we do, we’ll make sure you can revoke your consent in our services or through your device permissions. Even if we are not relying on consent to use your information, we may ask you for permission to access data like contacts and location.
Legal obligation. We may be required to use your personal information to comply with the law, like when we respond to valid legal process or need to take action to protect our users. Our policy is to notify Fishbrain members when we receive legal process seeking their account information, with some exceptions.
Your Right to Object. You have the right to object to our use of your information. With many types of data, we have provided you with the ability to simply delete it if you do not want us processing it anymore. For other types of data, we have given you the ability to stop the use of your data by disabling the feature altogether. You can do these things in the app. If there are other types of information you do not agree with us processing, you can contact us at firstname.lastname@example.org.
EU-US and Swiss-US Privacy Shield/International Transfers. We may collect your personal information from, transfer it to, and store and process it in the United States and other countries outside of where you live. Whenever we share information of EU users outside the EU we make sure an adequate transfer mechanism is in place. For internal transfers, we rely on Model Contractual Clauses or the EU-U.S. and Swiss-U.S. Privacy Shield, which you can read more about here https://www.privacyshield.gov/welcome and here https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en. By participating in the EU-U.S. Privacy Shield Framework, Fishbrain’s participating U.S. entity (Fishbrain Inc.) is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.
Complaints. If you are based in the EU, you can always file a complaint with the supervisory authority in your Member State. For example, if you are based in the UK you can file a complaint with the Information Commissioner’s Office https://ico.org.uk/.
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