Fish Stories Mobile Application and Web Platform Privacy Policy Document
Date Created: 3.28.2017
Date Modified: 8.22.17
Introduction
This privacy policy (“Privacy Policy”) describes how and when Fishing Buddy Studios, LLC. and its subsidiary services (“Fish Stories”) may collect, store, use and share your information when you use or access the services. The term “services” specifically refers to:
. (1) the website currently available at www.fishstories.org (along with any successor Websites) (the “Website”),
. (2) the Fish Stories mobile app (along with any successor mobile application) (the “App”)
. (3) any software, data feeds, widgets, materials, content and any other services available on or through the Website and/or App. For purposes of this Privacy Policy, the terms “we,” “us” and “our” refer to Fishing Buddy Studios, LLC. and our subsidiary services. “You” refers to you, as a user of the Services. If you are using the Services on behalf of an Entity, then the term “You” shall be deemed to include that particular Entity.
Your access or use of any of the Services indicates that you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy. Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will manage it.
Even if you are a user domiciled in a country outside the United States, your information may be transferred to, stored, processed and used (as described in this Privacy Policy) within the United States.
Information We Collect and How We Collect It
We may collect several types of information from and about you:
• Information identifies you and that can be used to contact you, online or offline (“Personally Identifiable Information”) which may include, for example, your email address, photograph, username and the contents of any User Content submitted by you;
• Information about you that cannot be used alone to identify you (“Non-Personally Identifiable Information”), which may include, for example, your location and other demographic information, and information about your use of our Services, which may include, for example, internet connection, your Internet Protocol (“IP”) address and other device identifiers.
• Information you give us
• Account Information. When you create an account, you will provide information that could be Personally Identifiable Information (e.g. your username, email address, and any other information you choose to disclose) or Non-Personally Identifiable Information (e.g. your gender, hobbies, favorite activities, occupation and any other information you choose to disclose).
• User Content. Some features of the Services allow you to submit “User Content” (as defined in our Terms of Use). As Fish Stories seeks to share user stories, User Content is information that you choose to be made public and non-confidential. When you share User Content via the Services, you should think carefully about what you are making public.
• Information we get from your use of the Services
• Location: Technical data is usually referred to as “Metadata”. This data may or
may not be associated with User Content. For example, Metadata can describe how, when and by whom your User Content was collected and how that content is formatted. If your User Content has a geotag, your location may be stored with your User Content. Device-based location services are services that use information such as GPS signals, device sensors, Wi-Fi access points and cell tower identification that can be used to derive or estimate precise location. You typically have to choose to turn such services on or off. If such location services are on, we may receive and record such information.
• IP Address Information and Other Information Collected Automatically: We automatically receive and record certain information from your web browser when you access and use the Services, which may include your IP address, cookie information, hardware model, operating system version, unique device identifiers and mobile network information. Internet traffic information, such as IP address, is usually assigned in country-based blocks, so it can be used to at least identify the country of your device, and do things such as to provide you with the correct language and locale for search queries. This information is sent as a normal part of Internet traffic. Generally, the Services automatically collect usage information, such as the number and frequency of visitors to the Services. We may use this data in aggregate form—that is, as a statistical measure—but not in a manner that would identify you personally. This type of aggregate data enables us, and third parties authorized by us, to figure out how individuals use the Services so that we can improve the user experience.
• Information Collected Using Cookies and Web Beacons: “Cookies” are small data files that are sent to your web browser when you access a website, and the files stored on your device’s hard drive. We use “session” cookies to keep you logged in while you use our Services, to track your preferences and to track trends and monitor usage and web traffic information on our Services. We may use “persistent” cookies to relate your use of our Services to other information about you and store information about your preferences to make your user experience consistent and customized. Most browsers automatically accept cookies, but you can change your settings on the browser settings to refuse cookies or prompt you before accepting cookies. You can also use your browser settings or other tools to delete cookies you already have.
However, if you disable or refuse cookies, then certain features of the Services may be inaccessible or not function properly. Our cookies do not, by themselves, contain Personally Identifiable Information, and we do not combine the general information collected through cookies with other Personally Identifiable Information to tell us who you are. As noted, however, we do use cookies to identify that your web browser has accessed aspects of the Services and may associate that information with your account if you choose to have one. Certain features of our Services may use local shared objects (or “flash cookies”). Flash cookies are small files similar to browser cookies that collect and store information about your preferences and where you browse and what you look at on our Services. Flash cookies are not managed by the same browser or device settings that are used for browser cookies. You may adjust your Adobe Flash Player settings to prevent flash cookies from being placed on your hard drive. We may also use “clear GIFs” (aka “web beacons” or “pixel tags”) or similar technologies on our Services or in our communications with you to enable us to know whether you have visited a part of our Services or received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a website or in an email or other type of message, which is retrieved from a remote website on the Internet enabling the verification of an individual’s viewing or receipt of a website or message. We may also log information using digital images called web beacons on our Services or in our emails. We may use web beacons to manage cookies, count visits, and to learn what marketing works and what does not. We may also use web beacons to tell if you open or act on our emails. This Privacy Policy also only covers our use of cookies and does not cover the use of cookies by third parties. We do not control when or how third parties place cookies on your computer. For example, third party websites to which a link points may set cookies on your computer.
Our Use of Your Information
Fish Stories is a story-sharing platform and archive; to further that purpose we may use your information, in either aggregated or individual form, in the following ways:
• to archive and share stories with other people as part of Fish Stories’ mission to
preserve all fishing stories and the legacies of those who tell them;
• to communicate with you for marketing purposes, unless you “opt-out” (our marketing
emails tell you how to opt-out, although we may still contact you for non-marketing
purposes if you opt-out);
• to communicate with you and respond to you regarding the Services, content, features
and products you use;
• to customize and optimize the content or advertisements you receive when you use
the Services, and otherwise improve your experience on our Services;
• to provide, maintain, protect, analyze, understand and improve our Services, content,
features and products, which may include tracking traffic, trends, usage and navigation patterns;
• to publicly display to other users of the Services your username, photograph, location, audio recording and metadata and any other information you choose to disclose in connection with any User Content you upload to the Website or App;
• to protect our, your, or third-party rights or interests;
• to develop new services;
• for research and educational purposes;
• in any other way we may describe when you provide the information; and for any other
purpose with your consent.
If you cancel your account and discontinue your use of the Services, we and our third-party partners may continue to retain your identifying information and continue to use any information you have already provided to us including User Content submitted, uploaded or otherwise provided by you prior to your cancellation of your account and/or discontinuance of your use of the Services.
Our Use of Your Non-Personally Identifiable Information
We may use, transfer and share Non-Personally Identifiable Information with third parties, partners and affiliates. For example, we may collect information regarding customer activities on the Services and aggregate such information to determine trends and to help us provide more useful information to our customers. Aggregated data is considered Non-Personally Identifiable Information for the purposes of this Privacy Policy.
We may share Non-Personally Identifiable Information for the same purposes as our use of your Personally Identifiable Information, except that we shall not include your username, email address or any other information that can be used to identify you.
Sharing Personally Identifiable Information
We may share Personally Identifiable Information with third parties, partners and affiliates in order to provide you with a service you use or request. For example, the Services may use audio recording services provided by a third party. Fishing Buddy Studios, LLC may share your Personally Identifiable Information and User Content with said third party so that you can create User Content to upload to the Services. To clarify, this Section applies to any and all third party websites, services and applications that you access through the Services or that are used or will be used by Fishing Buddy Studios, LLC and Fish Stories to provide the Services, even if not expressly named herein.
We may share Personally Identifiable Information in response to
(1) a valid law enforcement request or legal process,
(2) to protect our rights and property or those of third parties,
(3) as otherwise permitted by law.
Additionally, we may disclose your Personally Identifiable Information without your consent in the following circumstances:
• if we believe there is a serious and imminent threat to the life, health or safety of yourself or another person (for example, if we learn that a person is suffering abuse or has made statements of an intent to commit self-harm or harm another);
• to investigate or report on activity which we believe on reasonable grounds to be unlawful;
• if disclosure is required or authorized by law (for example, in response to a subpoena or where a regulatory authority has the power to request the provision of certain records or information);
• if disclosure is reasonably necessary to enable an enforcement body to perform its functions; or
• if we deem it necessary in our sole discretion to protect our legal and legitimate business interests.
Third Party Websites
This Privacy Policy does not apply to the practices of third parties including any third party websites, services, and applications that you access through the Services. We cannot take responsibility for the content or privacy policies of those third parties, and encourage you to carefully review the privacy policies of any third parties websites, services and applications you access.
Protecting Your Information
We have used reasonable efforts to help safeguard your information. We make no guarantee that these reasonable efforts will make your information completely secure.
Minors Under Age 18
We require a parent or legal guardian’s consent before collecting, using or disclosing information from people between 0 and 18 years of age.
We are committed to complying with all aspects of the Children’s Online Privacy Protection Act (“COPPA”). The Services and content on the Website and the App are not directed at children under the age of 18. We do not knowingly collect, solicit or store Personally Identifiable Information from anyone under the age of 18 or knowingly allow such persons to register or use the Services.
If you are under 18, please do not attempt to use or register on the Services; no one under the age of 18 may provide any Personally Identifiable Information to the Company or on the Services.
In the event that we learn that we have collected Personally Identifiable Information from a child under age 18 without verification of parental consent, we will delete that information where reasonably possible. If you believe that we might have any information from or about a child under 18, please send a detailed message to legal@fishstories.org.
Information Related to Advertising
To support and enhance the Services, we may serve advertisements and allow third parties advertisements through the Services. Advertisements served through the Services may be targeted to users who fit a certain general profile category and may be based on
(1) anonymized information inferred from information provided to us by a user, including Personally Identifiable Information,
(2) usage patterns of particular users, or
(3) your activity on a third party website. We do not provide Personally Identifiable Information to any ad networks for use outside of the Services.
California Residents
California residents may choose to request certain information regarding our disclosure of Personally Identifiable Information to third parties for their direct marketing purposes or choose to opt-out of such disclosure. To make a request or to opt-out at any time, please contact us at legal@fishstories.org or the other contact information provided below. Our policy is not to disclose Personally Identifiable Information collected online to a third party for direct marketing without your approval.
Business Transfers
As we continue to develop our business, we may sell, transfer or otherwise share your Personally Identifiable Information in connection with a merger, reorganization, bankruptcy or sale of either our company, Services, App, or Website. In such transactions, customer information is often one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Policy (unless the customer consents otherwise). Similarly, in the event that either we are acquired or substantially all of our assets are acquired, customer information will likely be one of the transferred assets. You acknowledge and consent that such transfers are permitted by this Privacy Policy, and that any acquirer of ours or our current assets may continue to receive, store, and process your information as set forth in this Privacy Policy. You also consent to us providing access to your information as part of diligence or review processes conducted by potential acquirers, entities providing financing to them, their advisors, us and our advisors.
Changes to Privacy Policy
This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. It may be necessary from time to time for us to modify this Privacy Policy to reflect changes in the way we collect and use information or changes in privacy-related laws, regulations and industry standards. Accordingly, we reserve the right to change this policy at any time by posting the revised policy on the Services and updating the “last modified” date at the top of this page. We encourage you to refer to this Privacy Policy on an ongoing basis so that you understand our current privacy policy. If revisions to the Privacy Policy are unacceptable to you, you must cease using the Services.
Contact Us
If you have any questions or suggestions regarding our Privacy Policy, please contact us at info@fishstories.org or Fishing Buddy Studios, LLC. 720 S. Madison Ave, Pierre, SD 57501.