PRIVACY POLICY

Last Revised: April 6, 2024

THIS NOTICE DESCRIBES HOW PERSONAL DATA (DEFINED BELOW) ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN OBTAIN ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO SUCH TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE SERVICES.

 

We at FlyFishFinder, LLC (“us,” “we,” “our,” or “FlyFishFinder”) value your privacy and are committed to keeping your personal data confidential. We use your data solely in the context of providing the FlyFishFinder application (“App”) and FlyFishFinder website (“Website”) (collectively, the “Platform”), including all relevant content and functionality associated with the Platform and services (collectively, the “Services”).

 

By accessing and/or using the Services and Platform, you are acknowledging that you have read and agree to the terms of this Privacy Policy. If you do not agree, you must immediately cease using the Services and Platform.

We are always ready to address your questions and concerns regarding this policy and our privacy practices. If you would like to contact customer service, please contact us at support@flyfishfinder.com.

We continually strive to find new ways to enhance your experience with the Service and we may modify this Privacy Policy from time to time to reflect changes in our privacy practices.  You are encouraged to review this Privacy Policy periodically and to check the “Updated” date at the top of the Privacy Policy for the most recent version.  If we make changes to this Privacy Policy, we will notify you here and in our discretion, by means of notice through the Website, the Application, or any other part of the Service. Any changes to this Privacy Policy will be effective immediately upon providing notice and will apply to all Personal Data that we maintain, use, and disclose. If you continue to use the Services and Platform following such notice, you are agreeing to those changes.

The Service is not directed to children under the age of thirteen (13). If you become aware that your child has provided us with personal information please contact us at the email address listed below. If we become aware that a child under this age has provided us with personal information, we will take steps to remove such information and terminate the child’s account.

DATA COLLECTION

What Type of Personal Information is Collected and How Do We Use It?

 

We continuously improve our websites and our products, and we utilize different third-party web analytics tools to help us do so. We are interested in how visitors use our websites, our desktop tools, mobile applications, or our API, what they like and dislike, and where they have problems. Our products, desktop tools, mobile applications and API use analytical tools to understand feature usage patterns, to enhance and improve your product experience and offer you specific usage tips and guidance. In connection with normal business operations, as well as to increase functionality and enhance your user experience, this usage information may be linked to personal information that we have about individual users. We maintain ownership of this data and we do not share this type of data about individual users with third parties.

This information is used solely to assist us in maintaining a more effective and useful websites and products for our customers. This data will not be shared with third parties without your prior consent or unless required by law.

Demographic Data:

FlyFishFinder collects demographic data from Users, which may include, but not be limited to, your name, phone number, fishing information, and e-mail address. The collection of this demographic data is primarily used to create your User Account, which you can use to access and use the Services.

Usage Data:

We may process data about your use of our website and services. The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of visits. This information is used to analyze overall trends, help us provide and improve our Services, and ensure the proper functioning and security of the Platform and Services.

Correspondence Data: 

We may process your information to send you communications you have consented to receive.

Notification Data: 

We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters. When you sign up for an account or use certain features, you may be opting to receive messages and/or phone calls from us, other users of the Service and/or third-party Providers. You cannot opt-out of Administrative Emails. “Administrative Emails” relate to your activity on the Platform and in use of the Services and include but are not limited to emails regarding your account, requests or inquiries, and purchases of products and services, if applicable.  If you do not want to receive promotional emails from us, you may elect to opt-out of receiving promotional emails at any time after registering, by e-mailing us at the email listed at the end of this Privacy Policy or by hitting the “unsubscribe” button at the bottom of any of our e-mails.

Inquiry Data:

We may process information contained in any inquiry you submit to us regarding goods and/or services.

Transaction Data: 

We may process information that you provide to us to communicate with you regarding transactions between you and us, such as fulfilling and modifying orders.

Internal Messaging: 

If you exchange messages with others through the Service, we may store them to process and deliver them, allow you to manage them, and we may review and disclose them in connection with investigations related to the operation and use of the Service.

Non-Personally Identifiable Information:

Non-Personally Identifiable Information is information that does not identify a specific person. This type of information may include things like the Uniform Resource Locator (“URL”) of the website you visited before coming to the Site or otherwise participating in the Service, the URL of the website you visit after leaving the Site, the type of browser you are using, your Internet Protocol (“IP”) address, mobile carrier information, mobile device information, or general and/or aggregated location data that does constitute Personally Identifiable Information. We, and/or our authorized third parties may automatically collect this information when you visit or use the Service using electronic tools like Cookies and Web beacons or Pixel tags, as described below in this Privacy Policy. We use Non-Personally Identifiable Information to troubleshoot, administer the Services, analyse trends, gather demographic information, comply with applicable law, and cooperate with law enforcement activities. We reserve the right to use, transfer, sell, and share aggregated, anonymous data about our users as a group for any lawful business purpose, such as analyzing usage trends and seeking compatible advertisers, sponsors, clients and customers.

We may disclose or share Non-Personally Identifiable Information with Third Party Providers and the public. For example, we may share aggregated demographic information (which does not include any Personally Identifiable Information) or use Third Party Providers to track and analyze Non-Personally Identifiable usage and volume statistical information from our users to administer the Service. We may also publish this aggregated information for promotional purposes. Such data is collected on our behalf and is owned and used by us.

We may use Third Party Providers to serve ads when you participate in the Service. These companies may use Non-Personally Identifiable Information about your visits and use of the Service, and visits to other websites or locations to provide, through the use of network tags, advertisements about goods and services that may be of interest to you. Our advertising service vendors and other Third Parties will at times also use tracking technologies to serve you advertisements tailored to interests you have shown by browsing on this Service and other sites, applications, destinations, and services you have visited, and to determine whether you have seen a particular advertisement before to avoid sending you duplicate advertisements, and for other lawful business purposes. In doing so, these Third Parties may collect non-personally identifiable data including for example the make, model, settings, specifications (e.g., CPU speed, connection speed, browser type, operating system, device identifier) and geographic location of your computer, mobile or other device, as well as date/time stamp, IP address, pages visited, time of visits, content viewed, ads viewed, the site(s), application(s), destination(s), and/or service(s) you arrived from, and other clickstream data. The use of tracking technologies by Third Parties is subject to their own privacy policies, not this Privacy Policy, and we have no responsibility or liability in connection therewith. If you do not want the services that tracking technologies provide, you may be able to opt-out by visiting http://www.aboutads.info.

Account Deletion

If at any point you no longer agree to the use and disclosure of Personal Data, as described in this Privacy Policy, you can delete your user account on the Platform (“User Account”) by going to the Profile menu item, the Account tab and towards the bottom there is an option to ‘Delete Account’.

By terminating your User Account, you agree that you will not be able to access any information previously contained in your User Account. You further understand that it may not be technologically possible to remove all your Personal Data from our systems. While we will use reasonable efforts to remove your Personal Data, the need to back up our systems to protect information from inadvertent loss means a copy of your Personal Data may exist in a non-erasable form that will be difficult or impossible for us to locate or remove.

User Rights: 

As a user of FlyFishFinder’s Services and Platform, you have certain rights relating to your Personal Data. These rights are subject to local data protection and privacy laws and may include the right to:

 

  • Access Personal Data held by FlyFishFinder
  • Erase/delete your Personal Data, to the extent permitted by applicable data protection and privacy laws and to the extent technologically feasible
  • Receive communications related to the processing of your Personal Data
  • Restrict the processing of your Personal Data to the extent permitted by law
  • Object to the further processing of your Personal Data, including the right to object to marketing
  • Request that your Personal Data be transferred to a third party, if possible
  • Receive your Personal Data in a structured, commonly used, and machine-readable format; and/or
  • Rectify inaccurate personal information and, considering the purpose of processing the Personal Data, ensure it is complete.

 

Where the processing of your Personal Data by FlyFishFinder is based on consent, you have the right to withdraw that consent at any time. If you would like to withdraw your consent or exercise any of the above rights, please contact us at support@flyfishfinder.com.

You may change your email address and other contact information by accessing your FlyFishFinder User Account. If you need to make changes or corrections to other information, you may contact us at support@flyfishfinder.com. To comply with certain requests to limit the use of your Personal Data, we may need to terminate your ability to access and/or use some or all the Services. By requesting to limit the use of your Personal Data or delete Personal Data, you acknowledge and agree that FlyFishFinder will not be liable to you for any corresponding limitation in the scope of Services or termination of Services as necessary to comply with your request.

You have the right to request the deletion of any Personal Data from your User Account or the FlyFishFinder Platform. To request deletion of your Personal Data, please email us at support@flyfishfinder.com and include a description of the Personal Data you would like removed. We will respond to all requests for data deletion as soon as reasonably possible.

DATA USAGE

How will FlyFishFinder Use your Personal Data?

FlyFishFinder processes your Personal Data based on legitimate business interests, the fulfillment of our Services to you, compliance with our legal obligations, and/or your consent. We only use or disclose your Personal Data when it is legally mandated or where it is necessary to fulfill those purposes described in this Privacy Policy. Where required by law, we will ask for your prior consent before disclosing your Personal Data to a third party.

 

Note regarding third-party sites: Our Services may contain links to other sites that are not operated by FlyFishFinder. If you click a third-party link, you will be directed to that third party’s site. We strongly advise you to review every site you visit the privacy policy(ies). FlyFishFinder has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party sites or services. This Privacy Policy does not apply to your use of or access to any third-party sites or services.

 

More specifically, FlyFishFinder processes your Personal Data for the following business purposes:

 

  • To provide Services
  • To fulfill our obligations to you under the Terms of Use
  • To communicate with you about and manage your User Account
  • To properly store and track your data within our system
  • To respond to lawful requests from public and government authorities, and to comply with applicable state/federal law, including cooperation with judicial proceedings and court orders
  • To protect our rights, privacy, safety, or property, and/or that of you or others by providing proper notices, pursuing available legal remedies, and acting to limit our damages
  • To handle technical support and other requests from you
  • To enforce and ensure your compliance with our Terms of Use or the terms of any other applicable services agreement we have with you
  • To manage and improve our operations and the Platform, including the development of additional functionality
  • To manage payment processing, as applicable
  • To evaluate the quality of service you receive, identify usage trends, and improve your user experience
  • To keep our Platform safe and secure
  • To send you information about changes to our terms, conditions, and policies
  • To allow us to pursue available remedies or limit the damages that we may sustain

Third Parties: 

FlyFishFinder uses third parties to perform functions on our behalf such as companies hosting or operating the Website, processing and/or fulfilling orders for products purchased through the Services, sending e-mail and/or other communications, maintaining customer and user information and databases, and credit card payment processing. These third parties may have access to your personal information in connection with performing these functions. Third parties may include companies we have an affiliate relationship with.

Business Transfers:

As our business changes, we may buy or sell various assets. In the event all or a portion of the assets owned or controlled by us, our parent or any subsidiary or affiliated entity are sold, assigned, transferred or acquired by another company, the information from and/or about our Service users may be among the transferred assets.

Third Parties Upon Your Direction or Consent:

You may direct FlyFishFinder to share your Personal Data with third parties. Upon your request and consent, we may share such Personal Data with those third parties that you identify.

Legal Action, Government, and Law Enforcement Authorities:

In addition to the specific disclosures of personal data set out in this Section, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

Legal Action, Government, and Law Enforcement Authorities:

In addition to the specific disclosures of personal data set out in this Section, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

ADVERTISING AND MARKETING

FlyFishFinder may use your Personal Data to contact you with newsletters, marketing, or promotion materials, and other information that may be of interest to you. You may opt-out of receiving any marketing or advertisement materials from FlyFishFinder at any time by following the unsubscribe link or by contacting us.

We may send communications, including emails, to you regarding your User Account and the Services or Platform. You can choose to filter any User Account, Services, and Platform emails using your email settings, but we do not provide an option for you to opt-out of these communications. If you consent to receive marketing or other communications not related to your User Account or the Services/Platform, we will provide you with the option to opt-out of such marketing communications within the applicable message.

COOKIE POLICY

A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

We use cookies for the following purposes:

Authentication

We use cookies to identify you when you visit our website and as you navigate our website.

Status

We use cookies to help us to determine if you are logged into our website.

Security

We use cookies as an element of the security measures to protect our website and services generally.

Advertising

We use cookies to help us to display advertisements that may be relevant to you.

Analysis

We use cookies to help us to analyze the use and performance of our website and services

Cookie Consent

We use cookies to store your preferences in relation to the use of cookies more generally.

Cookies used by our service providers and/or affiliates.

Our service providers, affiliates and partners use cookies and those cookies may be stored on your computer when you visit our website.

We may use Google Analytics or similar tools to analyze the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google’s privacy policy is available at: https://www.google.com/policies/privacy/.

If you block cookies, you will not be able to use all the features on our website.

MANAGING COOKIES

Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

 

  • https://support.google.com/chrome/answer/95647?hl=en (Chrome);

 

  • (ii)https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);

 

  • http://www.opera.com/help/tutorials/security/cookies/ (Opera)

 

  • https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);

 

  • https://support.apple.com/kb/PH21411 (Safari); and

 

  • https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

 

  • Blocking all cookies will have a negative impact upon the usability of many websites.

 

Local Device Storage and other Tracking Technologies; Do Not Track (DNT)

The Service will at times place and/or store code or other types of information and/or devices (e.g., “cookies”) on your computer, mobile or other device (“Local Device Storage”). We may use Local Device Storage for any lawful business purpose, including without limitation to determine which of our messages have been opened by recipients so we can gauge the effectiveness of marketing campaigns, to control the display of ads, to track usage patterns, the movements of individual users, and your geographic location, to help diagnose problems with our servers, to gather broad demographic information, to analyze trends, to conduct research, to deliver editorial content, to record registration and personalization information, and to otherwise administer the Service. For example, if you register on any part of the Service and are given the option to save your user name and password, we may provide this convenience to you via Local Device Storage. Local Device Storage may also collect and store your personally identifiable information, which may be shared with our parent, subsidiaries, and affiliates and other companies.

If you do not want Local Device Storage, your computer, mobile or other device may include an option that allows you to not accept it. However, if you disable Local Device Storage, some portions of the Service may not function properly.

Do Not Track Disclosure. Some web browsers may transmit do not track (“DNT”) signals to websites with which the user communicates. To date, there is no industry standard for DNT, and users cannot know how a given company responds to a DNT signal they receive from browsers. FlyFishFinder is committed to remaining apprised of DNT standards. However, FlyFishFinder does not support DNT browser settings and does not currently participate in any DNT frameworks that would allow FlyFishFinder to respond to signals or other mechanisms regarding the collection of your personal information.

Security of Information

In the event you are provided with an opportunity to establish and account or profile on our Site, you may be able to access your Personal Data via the Service with your password and username. This password is encrypted. We advise against sharing your password with anyone. If you access your account via a third-party site or service, you may have additional or different sign-in protections via that third-party site or service. You need to prevent unauthorized access to your account and Personal Information by selecting and protecting your password and/or other sign-in mechanism appropriately and limiting access to your computer, browser, or mobile device by signing off after you have finished accessing your account. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. If we believe that the security of your information may have been compromised, we may seek to notify you of that development.

 

We are committed to taking all reasonable precautions to safeguard the privacy of personal information which has been provided by its users. We use technical, contractual, administrative and physical security steps to protect your personal information. Security measures such as restricted access and the use of passwords and encryption have been adopted to protect your personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. Our employees have been trained to respect your privacy at all times and those employees with access to your personal information shall use your personal information strictly in accordance with this Privacy Policy. We will protect your credit card information by using industry standard encryption technology.

 

Please be aware that no data transmission over the Internet or via e-mail is completely secure and therefore we cannot guarantee protection of all personal information in all cases. For example, we cannot guarantee protection against interception, misappropriation, misuse, or alteration, or that your information will not be disclosed or accessed by the unauthorized acts of others. Consequently, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. If you provide us with your credit card number, you should not send it electronically unless the email is encrypted, or your browser indicates that the access to our website is secure. Materials posted to online forums such as bulletin boards or chat rooms are public, not secure, and may be viewed by anyone. Any personal information you post may be collected and used by anyone and may result in unsolicited messages from other parties.

Data or Security Breach:

In the event of a data or security breach, FlyFishFinder will take the following actions: (i) promptly investigate the security incident, validate the root cause, and, where applicable, remediate any vulnerabilities within FlyFishFinder’s control which may have given rise to the security incident; (ii) comply with laws and regulations directly applicable to FlyFishFinder in connection with such security incident; (iii) as applicable, cooperate with any affected FlyFishFinder user or client in accordance with the terms of FlyFishFinder’s contract with such user or client; and (iv) document and record actions taken by FlyFishFinder in connection with the security incident and conduct a post-incident review of the circumstances related to the incident and actions/recommendations taken to prevent similar security incidents in the future. FlyFishFinder will notify you of any data or security breaches as required by and in accordance with applicable law.

State-Specific Privacy Rights

How will FlyFishFinder Use your Personal Data?

Nevada Privacy Rights. Nevada law (SB 220) permits customers in Nevada to opt-out of the sale of certain kinds of personal information. As previously mentioned above, we do not sell your personal information to third parties. If you are a Nevada resident and have questions, please contact us the number listed below.

Privacy Notice for California Residents.

If you are a California resident, the California Consumer Privacy Act (“CCPA”) may apply to you. Please see the CCPA Attachment for an explanation of your rights. Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask for and obtain from us an annual list identifying the categories of personal customer information which we shared, if any, with our affiliates and/or third parties in the preceding calendar year for marketing purposes. This list will be provided free of charge. Contact information for such affiliates and/or third parties must be included. If you are a California resident and would like a copy of this notice, please submit a written request to the address listed below.

5812 26 Ave NW
Rochester, Minnesota, USA
507-363-1715
Email address: support@flyfishfinder.com.

This Privacy Notice for California Residents supplements the information contained in the Privacy Policy above and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”), in accordance with the California Consumer Privacy Act of 2018 (“CCPA”). Any terms defined in the CCPA have the same meaning when used in this notice.

 

In addition to the CCPA, California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (“CalOPPA”) and the California Business and Professions Code. As required by CalOPPA, we will provide you with the categories of Personal Data that we collect through the Service and the categories of third-party persons or entities with whom such Personal Data may be shared for direct marketing purposes at your request. California law requires us to inform you, at your request, (1) the categories of Personal Data we collect and what third parties we share that information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies. CalOPPA further requires us to allow you to control who you do not want us to share that information with. To obtain this information, please send a request by email or physical mail to the address found below. When contacting us, please indicate your name, address, email address, and what Personal Data you do not want us to share with our marketing partners. The request should be sent to the attention of our legal department and labeled “California Customer Choice Notice.” Please allow thirty (30) days for a response. Also, please note that there is no charge for controlling the sharing of your Personal Data or requesting this notice.

 

Other California Privacy Rights.

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us via phone, email, or write to us as provided below in our Contact Us section.

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

 

Information We Collect:

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”).

Use of Personal Information:

We may use or disclose the personal information we collect for one or more of the following business purposes:

To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to fulfill or modify orders, process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns or in the event of a recall.

To create, maintain, customize, and secure your account with us.

To provide you with newsletters, email alerts, event registrations and other notices and information concerning our products, services, policies, programs (including sweepstakes, contests, promotions, rebate, and loyalty programs), or events or news that may be of interest to you.

To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.

To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.

To process your requests, purchases, transactions, and payments and prevent transactional fraud.

To provide, support, personalize, and develop our Websites, products, and services.

To help maintain the safety, security, and integrity of our Websites, products and services, databases and other technology assets, and business.

To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

Personal Information Sales Opt-Out and Opt-In Rights

While we do not currently sell any personal information, you still have the right to direct us to not sell your personal information at any time if you are 16 years of age or older (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than sixteen (16) years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is at least thirteen (13) but not yet sixteen (16) years of age, or the parent or guardian of a consumer less than thirteen (13) years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

Attributions

Some data derived from:

Credit: U.S. Geological Survey 

Department of the Interior/USGS

To review a more comprehensive list of attributions to data sources reference this page: https://flyfishfinder.com/attribution/

 

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting our Contact Us page and filling out the webform and stating that you do not want us to sell your personal information.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by resubmitting your information to us via our Contact Us page.

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.