Terms of use and personal data policy (FT2004)

Thank you for using our services. We are keen to process your personal data in a safe and secure manner and offer you high availability of our services. This document describes our terms of use and our privacy policy.

Terms of use for use of the Fishy.nu service

Doc ID: FT2004 (2022-08-29, v2.0)

The service "Fishy.nu" (website and applications) is operated by Fishy Tech Sweden AB ("Fishy Tech", "Fishy"), org no 559206-164. Through these terms of use, we want to inform you of the rules for the service. These terms and conditions (hereinafter referred to as the Terms of Use) apply to the website www.Fishy.nu as well as applications issued by Fishy Tech for the service.

By using our Services and/or using the information provided on or through the App/Site, you agree to the Terms of Use. We reserve the right to update and change these Terms of Use. We also reserve the right to update or change the website as well as to suspend or otherwise limit the use of them.

This service is owned by Fishy Tech Sweden AB ("Fishy Tech"). All intellectual property rights in software, work manuals or other property and information provided by Fishy Tech are and remain the property of Fishy Tech or its licensors. Through the Agreement, the Customer receives a non-exclusive and non-transferable right to use the software made available to the Customer in connection with the Customer's use of the Service. Fishy Tech obtains the right to use the Customer's name, company and brand in connection with product description and marketing on the internet and in print. The customer does not have the right to use Fishy Tech's company name, trademark or other characteristic without written consent for marketing or similar activities.

LIMITATION OF LIABILITY

Fishy Tech is not liable in any case for indirect damage such as loss of profit or benefit, reduced production or turnover, loss of data, damage to third party property, obstacles to fulfilling obligations towards third parties, or other consequential damage as well as damage that could not reasonably have been foreseen by Fishy Tech.

IMMATERIAL RIGHTS

If you fishing/catch report via Fishy Tech, we also collect data about your fishing day. The supplementary data, e.g. photo, fishing water and other information you choose to enter. Fishy Tech is the data controller for personal data from catch reports. Aggregated, anonymized data may be shared with Fishy Tech selected and approved Swedish authorities and other collaboration partners, e.g. County boards and HaV.

Regarding photos that are submitted together with the fishing report, it is only permitted to upload photos of catches/fish that have a connection to the current report. You may not upload images to which you do not have rights, which break the law or may be perceived as offensive. Fishy Tech has the right to refuse images that are not related to fishing or that are considered offensive. Despite the fact that the uploading of other types of images on Fishy Tech is not permitted, We cannot manually control or have the opportunity to monitor the content on the Website. It is possible that images or other material may appear on Fishy Tech that are illegal or objectionable and that violate the content restrictions set forth above. We take no responsibility for such images or materials. Please contact us immediately if you discover any such images or material. Your photo may be published on other websites and in magazines in connection with Fishy Tech.se; However, you still own the rights to your photo. Example: Fishy Tech advertises in a fishing magazine and the latest fishing report image is published.

PERSONAL DATA

Fishy Tech processes personal data in connection with the provision of the Service in accordance with the General Data Protection Regulation (GDPR). Fishy Tech will take appropriate technical and organizational measures to protect the personal data. By using the Service, the customer consents to Fishy Tech treatment.

Personal data
A. Requested personal data provided when ordering the service, the Customer agrees to:

- the aforementioned personal data about the Customer is registered as a basis for registration, administration of the Agreement regarding the Service and possibly invoicing,
- Fishy Tech coordinates the customer register with other personal registers in order to add and update the registers with such personal data as Fishy Tech deems to be a prerequisite for good customer and register care, such as name and address information.
– sending information and marketing messages to the Customer as well as
-. Fishy Tech is responsible for the processing of the personal data/customer register. Customers who want information about the processing of their personal data or want to have such data corrected can contact Fishy Tech. The customer can also report that he or she does not wish to receive direct marketing. The customer can withdraw their consent to the processing of personal data at any time by notifying Fishy Tech. Customers who withdraw their consent to the processing of personal data shall be deemed to have thereby terminated the agreement in accordance with the current agreement.

Data generated within the service belongs to Fishy Tech. Data that the customer adds to the Fishy Tech system or manually generates in the Fishy Tech system belongs to the customer.

Fishy Tech shall be held harmless for the handling of the Customer's personal data, except if Fishy Tech has acted grossly negligently in the handling or security of the data.

A party is exempt from penalties if the fulfillment of a certain commitment is prevented or made significantly more difficult by circumstances that the party could not reasonably control or foresee. As a liberating circumstance, i.a. considered labor dispute, war, unrest, lightning strike, fire, extreme weather conditions, government order or other public regulation, failure of external telephone connections, general shortage of transport, goods or energy or other similar circumstance. If the fulfillment of the Agreement is prevented to a significant extent for longer than three (3) months due to circumstances as described above, the party has the right to terminate the Agreement in writing with immediate effect as regards the Service concerned.

Miscellaneous

Fishy reserves the right to transfer its rights and obligations under the Terms to a third party, provided that the third party taking over can be expected to fulfill its obligations under the Terms in a manner satisfactory to the User. You are obligated to compensate Fishy for all direct and indirect damages that Fishy suffers as a result of your violation of the Terms. In addition to what otherwise appears in the Terms and Conditions, unless otherwise provided by mandatory law, the following regarding Fishy's responsibility towards you as a User:

• In addition to what is stated in the Terms and Conditions, Fishy makes no guarantees regarding content, information, services or anything else provided by or through Fishy on the User Portal.
• Furthermore, Fishy does not provide any guarantees regarding the functionality, availability, usability or security of the User Portal or the Services.
• Fishy is not responsible for unauthorized access to or alteration of information you submit to Fishy or materials or information you receive.
• Furthermore, Fishy is not responsible for criminal acts such as threats or defamation, or for obscenities or disturbing, offensive, inappropriate or illegal content or conduct on the part of any User committed using Fishy's services.
• Fishy is not responsible for any direct or indirect damages caused by your use of the User Portal, the Services or information from Fishy. However, this does not apply if Fishy caused you damage intentionally or through gross negligence.
• Fishy reserves the right to cancel a Service in the event of force majeure-like events such as pandemic, including Corona, natural disasters, war, political unrest, strike, lockout, blockade or other contractual impediment, fire, accident or other circumstance beyond the reasonable control of Fishy, or other circumstance that significantly complicates or worsens the conditions for the Service to be used and provided. Fishy undertakes to notify the User as soon as possible if the Service is at risk of being cancelled.