Privacy Policy
Last update: 1st December 2023Thank you for using Fishing Points. Your privacy is very important to us, and we take it seriously. This Privacy Policy applies to your use of the Application provided by the owner Fishing Points Ltd., a company duly incorporated and organized under the laws of Slovenia, having its registered address at Jamova cesta 25, SI-1000 Ljubljana. This Privacy Policy describes how we collect, use, store, process and share your information in relation to your access and use of the Application.
Please read this Privacy Policy carefully before agreeing or downloading or using the Application and let us know if you have any questions or other feedback regarding it. In order to use the Application, you must first accept this Privacy Policy. By expressly agreeing to, downloading, making a purchase, registering for an account or otherwise using the Application, you are (1) entering into legal agreement and (2) agreeing to the collection, use, and sharing of your personal data as explained in this Privacy Policy. This Privacy Policy constitutes a legal agreement between you and Fishing Points Ltd (hereinafter "us", "we", "our" or the “Company”).
If you do not or cannot accept this Privacy Policy, you are not permitted to use the Application. In such case do not download, make a purchase, register for an account or in any other way use the Application.
1. Definitions
1.1 The terms in this Privacy Policy have the following meaning:
"Application": Fishing Points Application, both mobile and website versions of the application."Cookie": Cookies are Trackers consisting of small sets of data stored in the User's browser.
"Data Controller": The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of this Application. The Data Controller, unless otherwise specified, is the Owner of this Application.
"Data Processor": The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this Privacy Policy.
"EU": Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.
"Personal Data (or Data)": Any information that directly, indirectly, or in connection with other information — including a personal identification number, such as user ID number, provided by some services — allows for the identification or identifiability of a natural person.
"Service": The service provided by this Application as described in the relative terms.
"Tracker": Tracker indicates any technology - e.g Cookies, unique identifiers, web beacons, embedded scripts - that enables the tracking of Users, for example by accessing or storing information on the User’s device.
"User": The individual using the Application who, unless otherwise specified, coincides with the Data Subject.
"Usage Data": Information collected automatically through this Application (or third-party services employed in this Application), which can include: the IP addresses or domain names of the device utilized by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the device and the operating system utilized by the User, the various time details per visit (e.g. the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.
1.2 Fishing Points Ltd is the Owner and Data Controller.
2. Types of Data collected
2.1 Among the types of Personal Data that this Application collects, by itself or through third parties, there are:
(a) Identity Data includes first name and last name. If you sign up using a social media account, we will also receive information from those social media services such as your name, email address, city, state, zip code and third-party ID numbers. When interacting with the Service, you may also choose to provide other profile information, including photos and other identifying information.(b) Contact Data includes email address.
(c) Content Data includes content you create while using this Application, such as saved catches, locations, and uploaded images.
(d) Technical Data includes information on which device User uses to access this Application and information about such device.
(e) Profile Data includes User’s ID numbers, purchases or orders made by the User or any other account or profile/settings information.
(f) Usage Data includes information about how User uses this Application.
(g) Marketing and Communications Data includes User’s preferences in receiving marketing from Owner and third parties.
(h) Geographic Data includes your GPS location / position.
2.2 We do not sell your Personal Information and only share it with any third parties that are pivotal to providing the Service. The content you submit via Service (e.g. saved catches, locations, uploaded images) belongs to you, and only you may choose to share it with other Users through the Service. We do not disclose individual account data with other users or third parties unless we’re legally compelled to do so.
2.3 Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Application. Unless specified otherwise, all Data requested by this Application is mandatory and failure to provide this Data may make it impossible for this Application to provide its services. In cases where this Application specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service. Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner. Any use of Cookies – or of other tracking tools – by this Application or by the owners of third-party services used by this Application serves the purpose of providing the Service required by the User, in addition to any other purposes described in this Privacy Policy and in the Cookie Policy. Users are responsible for any third-party Personal Data obtained, published, or shared through this Application and confirm that they have the third party's consent to provide the Data to the Owner.
3. Mode and place of processiong the Data
3.1 Methods of processing. The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data. The Data processing is carried out using computers and/or IT-enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Application (e.g. administration, sales, marketing, legal, system administration) or external parties (e.g. third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner.
3.2 Owner uses different methods to collect Data from and about User including through:
(a) Direct interactions. Users may give Owner their Identity and Contact Data by filling in forms in the Application by corresponding with Owner by email or otherwise. This includes personal data Users provide when they: create an account in the Application, apply for our additional services, subscribe to Owner’s service or publications, request marketing to be sent to them, enter a competition, promotion, or survey; or give Owner some feedback.(b) Automated technologies or interactions. As Users interact with this Application, Owner may automatically collect Technical Data (provided by analytics and advertising networks based inside or outside EU) about Users’ equipment, browsing actions and patterns. Owner may collect this Personal Data by using cookies, server logs and other similar technologies.
(c) Third parties or publicly available sources. Owner may receive Personal Data about Users from various third parties and public sources.
3.3 Legal basis of processing. The Owner may process Personal Data relating to Users if one of the following applies:
(a) Users have given their consent for one or more specific purposes. Note: Under some legislations the Owner may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law;(b) provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;
(c) processing is necessary for compliance with a legal obligation to which the Owner is subject;
(d) processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner;
(e) processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.
In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
3.4 Place. The Data is processed at the Owner's operating offices and in any other places where the parties involved in the processing are located. Depending on the Users’ location, data transfers may involve transferring the Users’ Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section below containing details about the processing of Personal Data. Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data. If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided.
3.5 Retention time. Personal Data shall be processed and stored for as long as required by the purpose they have been collected for. Therefore:
(a) Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed.(b) Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfil such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.
(c) The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.
(d) Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after the expiration of the retention period.
4. The purpose of processing and information on the processing
4.1 The Data concerning the User is collected to allow the Owner to provide its Service, provide customer support, connect third-party services, comply with its legal obligations, respond to enforcement requests, protect its rights and interests (or those of its Users or third parties), detect any malicious or fraudulent activity, as well as the following: Registration and authentication, Location-based interactions, Advertising, Personalization, Sync data between devices, Sending messages, Facilitating Payments, Data analysis, Debugging and improving the Service.
5. Data transfer outside the EU
5.1 The Owner is allowed to transfer Personal Data collected within the EU to third countries (i.e. any country not part of the EU) only pursuant to a specific legal basis. Any such Data transfer is based on one of the legal bases described below. Users can inquire with the Owner to learn which legal basis applies to which specific service.
(a) Data transfer abroad based on consent. If this is the legal basis, Personal Data of Users shall be transferred from the EU to third countries only if the User has explicitly consented to such transfer, after having been informed of the possible risks due to the absence of an adequacy decision and appropriate safeguards. In such cases, the Owner shall inform Users appropriately and collect their explicit consent via this Application.(b) Data transfer abroad based on standard contractual clauses. If this is the legal basis, the transfer of Personal Data from the EU to third countries is carried out by the Owner according to “standard contractual clauses” provided by the European Commission. This means that Data recipients have committed to process Personal Data in compliance with the data protection standards set forth by EU data protection legislation. For further information, Users are requested to contact the Owner through the contact details provided in the present document.
(c) Other legal basis for Data transfer abroad. If no other legal basis applies, Personal Data shall be transferred from the EU to third countries only if at least one of the following conditions is met:
- the transfer is necessary for the performance of a contract between the User and the Owner or of pre-contractual measures taken at the User’s request;
- the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the User between the Owner and another natural or legal person;
- the transfer is necessary for important reasons of public interest;
- the transfer is necessary for establishment, exercise or defence of legal claims;
- the transfer is necessary in order to protect the vital interests of the data subject or of other persons, where the data subject is physically or legally incapable of giving consent. In such cases, the Owner shall inform the User about the legal bases the transfer is based on via this Application.
6. Device permissions for Personal Data access
6.1 Depending on the User's specific device, this Application may request certain permissions that allow it to access the User's device Data as described below. By default, these permissions must be granted by the User before the respective information can be accessed. Once the permission has been given, it can be revoked by the User at any time. In order to revoke these permissions, Users may refer to the device settings or contact the Owner for support at the contact details provided in this Privacy Policy. The exact procedure for controlling app permissions may be dependent on the User's device and software. Please note that the revoking of such permissions might impact the proper functioning of this Application.
6.2 If User grants any of the permissions listed below, the respective Personal Data may be processed (i.e. accessed to) by this Application:
(a) Approximate/precise location permission (non-continuous). Used for accessing the User's approximate/precise device location. This Application may collect, use, and share User location Data in order to provide location-based services. The geographic location of the User is determined in a manner that isn't continuous and only during app usage. This means that it is impossible for this Application to derive the approximate position of the User on a continuous basis.(b) Camera permission. Used for accessing the camera or capturing photos from the device and adding them to catches.
(c) Photo Library permission. Allows access to the part of the User's Photo Library, to be able to add photos to catches.
7. The rights of Users
7.1 Users may exercise certain rights regarding their Data processed by the Owner. In particular, Users have the right to do the following:
(a) Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.(b) Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent.
(c) Access their Data. Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
(d) Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
(e) Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.
(f) Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.
(g) Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine-readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User's consent, on a contract which the User is part of or on pre-contractual obligations thereof.
(h) Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.
7.2 Details about the right to object to processing. Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection. Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification.
7.3 How to exercise these rights. Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.
8. Sharing of personal data
8.1 In certain circumstances, we may share your Personal Data with third parties without further notice to you, unless required by the law, as set forth below:
(a) Vendors and Service Providers. To assist us in meeting business operations needs and to perform certain services and functions, we may share Personal Data with service providers, including hosting, cloud services and other information technology services providers; email communication software providers and email newsletter providers; sales services; customer relationship management, customer engagement, and customer feedback services; payment processors; security services; advertising partners; social networks; vendors and analytics services. Pursuant to our instructions, these parties will access, process or store Personal Data in the course of performing their duties to us.(b) Business Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider, your Personal Data and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction along with other assets.
(c) Legal Requirements. If required to do so by law or in the good faith belief that such action is necessary to (i) comply with legal or regulatory obligations, including to respond to lawful requests from public authorities and to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the Site, or the public, or (v) protect against legal liability.