Terms of use, personal data management, data protection and cookies

The Fishy Live service is operated by the Swedish company Fishy Tech Sweden AB, org. no. 559206-1641, address Ginstvägen 3, 197 34 Bro ("Fishy"),

TERMS OF USE AND PRIVACY POLICY

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 (2024-01-03, v3.0)

The service "Fishy.nu" (website and applications) is operated by Fishy Tech Sweden AB ("Fishy Tech", "Fishy"), org no. 559206-1641. Through these terms of use, we want to inform you about the rules for the Service. These terms and conditions (hereinafter referred to as Terms of Use) applies 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, brand or other characteristics in marketing or similar activities without written consent.

Clients as organizers of competitions

In some cases, the Service is provided to clients ("Clients") who organize fishing competitions or similar events. Clients then use Fishy Tech's system and platform to organize and administer the competitions. These Clients themselves are responsible for the content of the arrangements as well as the data collected from participants and other interested parties within the framework of the competition. In these cases, Fishy Tech acts as a service provider for the Client, and for personal data management, the Client can be the personal data controller while Fishy Tech is the personal data assistant, in accordance with current data protection legislation.

LIMITATION OF LIABILITY

Fishy Tech is not responsible 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.

Clients (organizers of fishing competitions or other events) are themselves responsible for how the Service is used and that all laws and regulations are followed. Clients must ensure that they have the necessary rights and agreements for content and data processed or published via the Service. Fishy Tech assumes that Clients use the Service in accordance with its intended purpose and applicable legislation.

Where applicable, clients are solely responsible towards third parties for any claims related to the competition arrangement itself, including claims related to personal data handling, copyright or other rights. As a service provider, Fishy Tech cannot be held responsible for content or information that Clients or their users post, manage or provide via the Service. Fishy Tech is also not responsible for deficiencies or loss of data arising as a result of incorrect use of the Service or negligence on the part of the Client or its users.

IMMATERIAL RIGHTS

Catch reporting and collection of personal data
When you report catches via Fishy Tech, we collect information about your fishing day, including any additional information you choose to enter (for example, photographs, fishing water and other information). Fishy Tech is the personal data controller for these data. We may also share aggregated and anonymized data with selected and approved Swedish authorities and other partners, such as County Boards and HaV.

Rules for uploading photos
When uploading photos together with your catch report, you may only upload pictures of catches or fish that have a clear connection to the report. You may not upload images to which you do not have rights, which are against the law or which may be perceived as offensive. Fishy Tech reserves the right to reject images that are not related to fishing or that are deemed offensive.

Limitation of liability
Although the uploading of unauthorized material is not permitted, we cannot manually preview or monitor all content on our website. There may therefore be illegal or offensive images or other material that violates these terms. Fishy Tech assumes no responsibility for such content and urges you to contact us immediately if you discover any illegal or objectionable images or material.

Rights to uploaded photos
By uploading an image to Fishy Tech, you agree that the image may be published on our websites and in magazines or other channels connected to Fishy Tech. However, you retain your intellectual property rights to the image.

PERSONAL INFORMATIONTREATMENT

1. General
Fishy Tech (the "Company") processes personal data in connection with the provision of the Service in accordance with applicable data protection regulations, including the Data Protection Regulation (EU 2016/679) ("GDPR") and supplementary Swedish data protection legislation. The company takes appropriate technical and organizational security measures to protect the personal data that is processed. By using the Service, you as a customer ("Customer") consent to the processing of personal data described in these terms and conditions.

2. Categories of personal data and purpose of processing
A. The personal data provided when ordering the Service and when registering (e.g. name, address, contact details, payment information) are processed for the following purposes:

• Administration and fulfillment of the Agreement: To be able to provide the Service, manage the customer relationship and administer invoicing.
• Registry and customer care: To keep our records up to date and ensure that we have correct information in order to provide good service and fulfill our commitments.
• Information and marketing mailings: To enable the sending of information or direct marketing to the Customer, provided that the Customer has not declined such communication.

B. Data generated within the Service (e.g. log files, statistical data and usage patterns) belong to the Company, to the extent that such data cannot be attributed to an identifiable natural person and thus does not constitute personal data. Data that the Customer adds to Fishy Tech's system or manually generates in the Company's system and that is attributable to the Customer belongs to the Customer.

3. Legal basis for the processing

• Consent: The customer expressly consents to the processing that takes place for the purposes described above by accepting these terms and using the Service.
• Agreement: The processing is necessary in order to enter into and fulfill the Agreement with the Customer.
• Legitimate interest: Certain processing may be based on our legitimate interest in, for example, administering, developing and improving the Service, as well as sending relevant information to the Customer.

4. Storage and thinning of personal data
The Company saves the Customer's personal data only as long as it is necessary to fulfill the purposes of the processing, or as long as required by laws and regulations (e.g. accounting legislation). The data is then deleted or anonymized in a secure manner.

5. Transfer of personal data and third country transfer
Fishy Tech undertakes to process all personal data within the EU/EEA. No transfer of personal data to countries outside the EU/EEA will take place, unless it is necessary to fulfill our contractual obligations towards the Customer and in such cases only under the condition that adequate levels of protection are ensured in accordance with current data protection legislation. No third country transfers (transfers outside the EU/EEA) will take place without express notification to the Customer and compliance with applicable data protection regulations.

6. Rights of data subjects
According to the GDPR, the customer has the following rights regarding the Company's processing of personal data:

• Right of access: Request information about which personal data we process and receive a copy of the data.
• Right to rectification: Request that incorrect or incomplete information be corrected.
• Right to erasure: Request that data be deleted if they are no longer necessary for the purpose for which they were collected or if there is no other legal basis for continued processing.
• Right to limitation of treatment: Under certain circumstances, request that processing be restricted.
• Right to data portability: Request to obtain the personal data processed with the support of agreement or consent to move them to another service (when technically possible).
• Right to object: Object to processing based on legitimate interest or direct marketing.
• Right to withdraw consent: The customer can withdraw their consent to the processing of personal data at any time. Please note, however, that if the Customer withdraws his consent to the necessary processing, this may mean that the Agreement can no longer be fulfilled and must therefore be considered terminated.

7. Responsibility and contact

1. Personal data controller
   Fishy Tech's clients, who arrange fishing competitions and use Fishy Tech's system and platform in connection therewith ("Clients"), are responsible for personal data for the processing of personal data that takes place within the framework of the Service.
2. Personal data assistant
   Fishy Tech acts as personal data assistant for the Clients. This means that Fishy Tech processes personal data on behalf of the Clients and only according to the instructions given by the Clients, in accordance with applicable data protection legislation (GDPR). Fishy Tech takes appropriate technical and organizational measures to ensure that personal data is handled securely.
3. Contact and rights
   • Contact: Registered individuals who wish to exercise their rights (e.g. request access, correction or deletion of their personal data) must first contact the Client who is responsible for personal data. The client is responsible for informing data subjects about how such rights can be asserted and for answering any questions regarding the processing of personal data.
   • Complaint: If a registered person has views on or objections to the Client's processing of personal data and considers that the issue is not being addressed in a satisfactory manner, he or she can submit a complaint to the competent supervisory authority, in Sweden the Swedish Privacy Protection Authority (IMY).

For general questions about how Fishy Tech handles its mission as personal data assistant, you can also contact Fishy Tech

8. Damage liability
The customer must indemnify Fishy Tech for the handling of the customer's personal data, except in cases where Fishy Tech has acted grossly negligent in handling or regarding the security of the data.

9. Limitation of liability (Force majeure)
The party is exempt from penalties if the fulfillment of certain obligations is prevented or significantly hindered by circumstances that the party could not reasonably control or foresee, such as labor conflict, war, unrest, lightning, fire, extreme weather conditions, government regulations or other public regulation, errors in external telephone connections , lack of transport, goods or energy or similar circumstances. If the fulfillment of the Agreement is prevented to a significant extent for longer than three (3) months due to such a circumstance, the party has the right to terminate the Agreement in writing with immediate effect regarding 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.

Cookies on Fishy.nu

The website uses cookies. By law, we must inform our visitors about this, what the cookies are used for and how to opt out.

What is a cookie?

A cookie is a small text file that websites you visit request to store on your computer. Cookies contain information and are used to give you as a visitor access to various functions, including our services that require login. The information in the cookie can also be used to collect statistics about your browsing. You can delete cookies from your browser yourself at any time and you can change the settings in your browser so that it does not allow cookies to be saved. If you temporarily do not want to allow the storage of cookies on your computer, you can turn off the function in your browser's settings, often called "Incognito mode" or "Private browsing". For instructions on how to manage and delete cookies, go to the "Help" option in your browser. You can choose to permanently disable cookies or receive a notification each time a new cookie is sent to your computer or mobile device. 

NOTE: Blocked cookies mean that some features of our website will not work for you, e.g. to buy products or to log in.

Cookies on the fishy.nu website

Some cookies on fishy.nu are necessary for the website's functionality. These are automatically saved on your computer when you visit us.

• We use cookies:
• for web analysis in order to understand how the website is used and to improve the functionality of the website.
• to be able to offer certain product offers to certain visitor groups, for example new and returning visitors.
• selected language
• for selected organization in purchase flow and control panel
• at login
• to hide the annoying cookie popup for a year

Our WordPress publishing tool uses cookies to manage sessions/login and to check whether you are a returning visitor or not. When videos that we have embedded from a Youtube channel are played, cookies are used by Youtube.com.

Traffic analysis

The website and our app use Google Analytics as an analysis tool to get a picture of how visitors use our service. The information created by cookies through your use of the website or app is used for the purpose of evaluating how the service is used in order to improve content, navigation and structure. The cookies used by Google Analytics store information about when you first visited the service, when you last visited the service, when your current visit began, how many times you visited the service, which functions you use, which is the unique ID number of your app/browser and how you got to the website (traffic sources). If you do not want your visits to our app/website to be shown in the statistics in Google Analytics, you can install a so-called "opt-out" extension (plug-in) in your browser. It applies to all websites you visit.

MORE INFORMATION

If you have any questions about cookies on our website, please contact us. General information about cookies and about the Electronic Information Act can be found on the Swedish Post and Telecommunications Authority's website.

→ About cookies on the Swedish Post and Telecommunications Authority's website.

→ Act (2003:389) on electronic communications Act (2003:389) on electronic communications.