Terms of Use

This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. Please note that Section 16 contains certain changes to the general terms for users outside the United States.
Date of Last Revision: July 14, 2022.

Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement") derives from the Fishidy Principles and governs our relationship with users and others who interact with Fishidy. By using or accessing Fishidy, you agree to this Statement.

1. Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use Fishidy to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

A. Personal Information We Collect

We process the following Personal Information about Concerned Individuals:

the first and last name,
the username and password;
the e-mail address;.
information on the customer, on whose behalf they are using the Fishidy service, including the customer number; if applicable;
[information related to the browser or device they use to access our website (including IP address, MAC address, operating system name and version, device manufacturer and model, language, Internet browser type and version and the usage of cookies);]
vessel location for purposes of the end-user posting content
time of use

B. Purposes and Legal Basis

We process Personal Information of Concerned Individuals for the following purposes based on the following legal basis:

We process Personal Information based on Art. 6 para 1 (b) GDPR to establish and fulfill the contract for the provision of the Fishidy services, to communicate about the Fishidy service, or to respond to queries or requests.
We process Personal Information based on Art. 6 para 1 (f) GDPR to enable our business and pursue our legitimate interests, we particularly process it for research and analytic purposes, to improve and further develop the Fishidy service, to respond to any comments or inquiries Concerned Individuals may send.
We process Personal Information based on Art. 6 para 1 (c) GDPR to comply with applicable laws (such as record keeping obligations), export control and customs, compliance screening obligations (e.g. to prevent white-collar or money laundering crimes), and to protect our legitimate business interests and legal rights, including, but not limited to, use in connection with legal claims, compliance, especially regulatory or investigative purposes (including disclosure of such information in connection with a legal process or litigation).

C. Fishidy App

Concerned Individuals can download the App onto their mobile device from the respective app store (e.g. AppStore, Google Play Store). When they download the App all Personal Information that is necessary to facilitate the download will be transferred to the app store, they are downloading the App from. This especially applies to the following information:

user name;
e-mail address;
account number;
time of download
unique device number

We do not have any influence on this collection of Personal Information by the app store and we are not responsible for it. We solely process this Personal Information to the extent necessary to download the App onto the Concerned Users’ mobile device. We do not otherwise store or use this Personal Information.

Once the App has been downloaded, we collect the following Personal Information in addition to the Personal Information listed in section 1 above to make the App technically available:

user's Device Information;
device ID;
androidID;
MAC
user ID
postal codes;
regional information;
manufacturer ID;
IMSI
WiFi ssid
WiFi ssbid
operatin system type and version;
language
im-age resolution
brand and type of device

When the Concerned User downloads and uses the App, we also record their network connection status to notify them if services cannot be received.

The Personal Information we collect is necessary to provide our services through the App and we process it based on Art. 6 para. 1 (b) GDPR for the performance of the contract.

D. Sharing Personal Information

We may share Personal Information data for the abovementioned purposes with the following third parties:

Affiliates. We may disclose Personal Information to current or future affiliates or subsidiaries meaning any company, corporation or other entity that directly or indirectly controls, or is controlled by, or is under common control with TeledyneFLIR.
Service Providers: Personal Information may be shared with third party service providers, who will process it on our behalf for the purposes above. Such third parties especially include, but are not limited to, IT service and data hosting providers.
Government Authorities / Law Enforcement Officials: Personal Information may be shared with government authorities and/or law enforcement officials if required for the purposes above, if mandated by law or if required for the legal protection of our legitimate interests in compliance with applicable laws.

E. Transferring Personal Information

We are committed to maintaining the security of data, including Personal Information, and we have comprehensive corporate policies regarding information security. We will protect Personal Information, regardless of whether it is inside or outside the EU and regardless of whether it is processed by us or by third party service providers on our behalf.

Where information is transferred out of the European Economic Area (E.E.A.), and where this is to an affiliate of ours or to a third party in a country that is not subject to an adequacy decision by the E.U. Commission, data is in all cases adequately protected under appropriate safeguards such as E.U. Commission approved standard contractual clauses, an appropriate Privacy Shield certification or a vendor's Processor Binding Corporate Rules. If you or a Concerned Individual has any questions about the appropriate safeguards we have in place, please reach out to us at any time. The contact information is available in section 9 below.

F. Data Retention and Deletion

We will keep the Personal Information for as long as necessary to provide the Fishidy service. Afterwards, we may retain data for an appropriate period to protect ourselves from legal claims, to administer our business, or to the extent permitted by applicable law, which may require us to hold your Personal Information for specific periods. We will delete your personal data. Personal Information a, when you withdraw your consent, or when you object to the processing in accordance with “What rights to you have in relation to your data” (see above) or when we are obliged to delete it in accordance with an obligation under applicable law. If you or a Concerned Individual wish to have receive detailed information on our Retention and Deletion Policy and the applicable retention periods, please reach out to us at any time. The contact information is available in section 9 below.

G. Rights in Relation to the Personal Information

The Concerned Individuals will generally have the following rights:

They can request information from us at any time as to whether and how we process their Personal Information and request that we give you access to your Personal Information or send you a copy of it (Art. 15 GDPR).
If they believe that the Personal Information we hold about them is incorrect or incomplete, they can ask us to correct or complete it (Art. 16 GDPR).
They may also have the right to object to the processing of their Personal Information (Art. 21 GDPR) and they may request us to restrict our use of your Personal Information (Art. 18 GDPR) and to delete them (Art. 17 GDPR).
If we process their Personal Information based on their consent, they have the right to withdraw their consent at any time (Art. 7 para 3 GDPR). They can withdraw their consent by emailing PersonalDataManager@flir.com or, in case of electronic direct marketing, by following the instructions in the communication. Their withdrawal will not affect the lawfulness of the processing carried out before they withdrew your consent.
With regard to the Personal Information they process based on their consent or based on a contract, they may request a copy of this Personal Information from us in a structured, commonly used and machine-readable format (Art. 20 GDPR).

With regard to these rights some restrictions apply. For example, we cannot delete Personal Information if we are obliged to store it by law or if we retain it based on a contract with you or the Concerned Individual. In addition, information about and access to Personal Information may be denied if Personal Information about another person would be disclosed with the provision of the information or if it is not possible for us to disclose the concerned Personal Information for legal reasons.

If Personal Information is required by us to fulfil a legal or contractual obligation, providing this information is mandatory: If this information is not provided, we cannot perform the contract or fulfil our obligations. In all other cases, the provision of the requested Personal Information is voluntary.

If you or Concerned Individuals have any concerns about how we process Personal Information, either one of you can get in touch with us at PersonalDataManager@flir.com.

A Concerned Individual may always lodge a complaint with a supervisory authority, in particular with the supervisory authority in the EU Member State that they reside in.

H. Google Analytics

Our website uses Google Analytics, which is a web analytics service provided by the third-party provider Google LLC (“Google”). Google Analytics is used for the purpose of evaluating your use of our website, compiling reports on website activity and other services relating to website activity and internet usage. The information generated by the cookie about your use of the website is usually transmitted to and stored by Google on servers in the USA. This transfer is covered by Google’s Privacy Shield certification. On this website we have also activated the IP anonymisation tool “gat._anonymizeIp();” provided by Google to help protect your privacy. This means that your IP address will automatically be shortened after it is collected so it can no longer be connected to you (see https://support.google.com/analytics/answer/2763052). For more information see https://support.google.com/analytics/answer/6004245?hl=de&ref_topic=2919631 (information on Google Analytics and data privacy).

I. Data Controller and Contacting Us

If you have questions about this Privacy Policy or other privacy aspects, please contact us:

Teledyne FLIR LLC
27700 SW Parkway Avenue
Wilsonville, OR 97070, USA
Phone: 503-498-3547
E-Mail: PersonalDataManager@flir.com

If you are based in the EEA, you may also contact our FLIR affiliate in Belgium
FLIR Systems Trading Belgium BVBA
Luxemburgstraat 2
2321 Meer
Belgium
Phone: +32 (0) 3665 5100
E-Mail: PersonalDataManager@flir.com

2. Local and Federal Laws

Fishidy terms of use complies with all Federal and local U.S. law. You agree to use Fishidy in a manner that complies with all local and federal law.

3. Sharing Your Content and Information

You own all of the content and information you post on Fishidy, and you can control how it is shared through your privacy and settings. In addition:

Fishidy does not share any customer information with any outside application or 3rd parties.
Fishidy does not process
For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Fishidy ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
When you use the Fishidy application, your content and information is shared with the application. We require Fishidy to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
When you publish content or information using the "everyone" setting, it means that you are allowing everyone, including people off Fishidy, to access and use that information, and to associate it with you (i.e., your name and profile picture).
We always appreciate your feedback or other suggestions about Fishidy, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

4. Deleting Data

Your content can be deleted at any time by deleting your posted content in the “My Activity” section of your application.
Your personal information including account information can be deleted at any time by deleting your associated account on Fishidy by visiting https://www.fishidy.com/user/update

5. Safety

We do our best to keep Fishidy safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

You will not send or otherwise post unauthorized commercial communications (such as spam) on Fishidy.
You will not collect users' content or information, or otherwise access Fishidy, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Fishidy.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any user.
You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
You will not offer any contest, giveaway, or sweepstakes ("promotion") on Fishidy without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws.
You will not use Fishidy to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working of Fishidy, such as a denial-of-service attack.
You will not facilitate or encourage any violations of this Statement.

6. Registration and Account Security

Fishidy users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

You will not provide any false personal information on Fishidy, or create an account for anyone other than yourself without permission.
You will not create more than one personal profile.
If we disable your account, you will not create another one without our permission.
You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
You will not use Fishidy if you are under 13.
You will not use Fishidy if you are a convicted sex offender.
You will keep your contact information accurate and up-to-date.
You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
If you select a username for your account, we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

7. Protecting Other People's Rights

We respect other people's rights and expect you to do the same.

You will not post content or take any action on Fishidy that infringes or violates someone else's rights or otherwise violates the law.
We can remove any content or information you post on Fishidy if we believe that it violates this Statement.
We will provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page.
If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
You will not use our copyrights or trademarks (including Fishidy, the Fishidy and Outdoor InSite Logos,), or any confusingly similar marks, without our written permission.
If you collect information from users, you will: obtain their consent, make it clear you (and not Fishidy) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
You will not post anyone's identification documents or sensitive financial information on Fishidy.
You will not tag users or send email invitations to non-users without their consent.

8. Fishing Hot Spots Intellectual Property

Fishidy includes maps and other information owned by Fishing Hot Spots, Inc. (“FHS Intellectual Property”). You are not permitted to use any FHS Intellectual Property for any purpose other than for your personal, non-commercial use. Copying, altering, or distributing FHS Intellectual Property is prohibited and may subject you to liability, including but not limited to liability for copyright infringement.
Fishidy’s map are not designed or intended for navigational purposes. Please use caution on the water.

9. Mobile

Please be aware that your carrier's normal rates and fees, such as data fees, will still apply.
You provide all rights necessary to enable users to sync (including through an application) their contact lists with any basic information and contact information that is visible to them on Fishidy, as well as your name and profile picture.

10. Payments

If you make a payment on Fishidy or use Fishidy Credits, you agree to our Payments Terms.

11. Special Provisions Applicable to Share Links

If you include our Share Link button on your website, the following additional terms apply to you:

We give you permission to use Fishidy's Share Link button so that users can post links or content from your website on Fishidy.
You give us permission to use and allow others to use such links and content on Fishidy.
You will not place a Share Link button on any page containing content that would violate this Statement if posted on Fishidy.

12. About Advertisements and Other Commercial Content Served or Enhanced by Fishidy

Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:

We do not give your content or information to advertisers without your consent.
You understand that we may not always identify paid services and communications as such.

13. Amendments

We can change this Statement if we provide you notice and an opportunity to comment. To get notice of any future changes to this Statement, visit our terms of use page.
For changes we will give you a minimum of seven days notice. All such comments must be made on the contact fishidy page
If more than 10,000 users comment on the proposed change, we will also give you the opportunity to participate in a vote in which you will be provided alternatives. The vote shall be binding on us if more than 30% of all active registered users as of the date of the notice vote.
We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.

14. Termination

If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Fishidy to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 8.2, 9.1-9.3, 9.9, 9.10, 9.13, 9.15, 9.18, 10.3, 11.2, 11.5, 11.6, 11.9, 11.12, 11.13, and 14-18.

15. Disputes

You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Fishidy exclusively in a state or federal court located in Dane County. The laws of the State of Wisconsin will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Dane County, Wisconsin for the purpose of litigating all such claims.
If anyone brings a claim against us related to your actions, content or information on Fishidy, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
WE TRY TO KEEP FISHIDY UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING FISHIDY "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT FISHIDY WILL BE SAFE OR SECURE. FISHIDY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR INTELLECTUAL PROPERTY OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "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." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR FISHIDY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR FISHIDY WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, FISHIDY'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

16. Special Provisions Applicable to Users Outside the United States

You consent to having your personal intellectual property transferred to and processed in the United States.
If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Fishidy (such as advertising or payments) or operate a Platform application or website.

17. Definitions

By "Fishidy" we mean the features and services we make available, including through (a) our website at www.Fishidy.com and any other Fishidy branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins, or networks now existing or later developed.
By "Platform" we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve intellectual property from Fishidy or provide intellectual property to us.
By "information" we mean facts and other information about you, including actions you take.
By "content" we mean anything you post on Fishidy that would not be included in the definition of "information."
By "intellectual property" we mean content and information that third parties can retrieve from Fishidy or provide to Fishidy through Platform.
By "post" we mean post on Fishidy or otherwise make available to us (such as by using an application).
By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By "active registered user" we mean a user who has logged into Fishidy at least once in the previous 30 days.
By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received intellectual property from us. If you no longer access Platform but have not deleted all intellectual property from us, the term application will apply until you delete the intellectual property.

18. Other

If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and FISHIDY Inc. References to “us,” “we,” and “our” mean FISHIDY Inc.
This Statement makes up the entire agreement between the parties regarding Fishidy and supersedes any prior agreements.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law.
This Statement does not confer any third-party beneficiary rights.
You will comply with all applicable laws when using or accessing Fishidy.
Mapping displayed on Fishidy is not intended for navigation
Mapping information is not suitable for any or all purposes, images, print outs, digital reproduction, etc. may not be shared, reproduced, stored, distributed, or used in any manner without the expressed written consent of Fishing Hot Spots, etc.