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PRIVACY POLICY
MyFishingTrip
INTRODUCTION
This privacy policy (“Policy”) describes how MyFishingTrip (“we,” and “our”) processes, collects, uses and shares personal data when using this website https://myfishingtrip.net (the “Site”). Please read the following information carefully to understand our practices regarding your personal data and how we will process data.
1. Purposes of Processing
What is personal data?
We collect information about you in a range of forms, including personal data. As used in this Policy, “personal data” is as defined in the General Data Protection Regulation, this includes any information which, either alone or in combination with other information we process about you, identifies you as an individual, including, for example, your name, postal address, email address and telephone number.
Why do we need your personal data?
We will only process your personal data in accordance with applicable data protection and privacy laws. We need certain personal data in order to provide you with access to the Site. If you registered with us, you would have been asked to tick to agree to provide this information in order to access our services, or view our content. This consent provides us with the legal basis we require under applicable law to process your data. You maintain the right to withdraw such consent at any time. If you do not agree to our use of your personal data in line with this Policy, please do not use our Site.
2. Collecting Your Personal Data
We collect information about you in the following ways:
Information You Give Us. This includes:
the personal data you provide when you use our Site, including your name, postal address, email address, telephone number, and demographic information (such as your gender);
the personal data you provide when you report a problem with our Site or when we provide you with customer support;
the personal data you provide when you book a consultation thorough our Site; and
the personal data you provide when you correspond with us by phone, email or otherwise.
Information Automatically Collected. We automatically log information about you and your computer or mobile device when you access our Site. For example, when visiting our Site, we log your computer or mobile device operating system name and version, manufacturer and model, browser type, browser language, screen resolution, the website you visited before browsing to our Site, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Site.
We collect this information about you using cookies.
Automated Decision Making and Profiling.
We do not use your personal data for the purposes of automated decision-making. However, we may do so in order to fulfil obligations imposed by law, in which case we will inform you of any such processing and provide you with an opportunity to object.
3. Using Your Personal Data
We may use your personal data as follows:
to operate, maintain, and improve our Site and services;
to respond to your questions and to provide customer service;
to send information including technical notices, updates, security alerts, and support and administrative messages;
with your consent, to send you marketing e-mails about upcoming promotions, and other news, including information about products and services offered by us. You may opt-out of receiving such information at any time: such marketing emails tell you how to “opt-out;”
as we believe necessary or appropriate (a) to comply with applicable laws; (b) to comply with lawful requests and legal process, including to respond to requests from public and government authorities; (c) to enforce our Policy; and (d) to protect our rights, privacy, safety or property, and/or that of you or others;
for analysis and study services; and
as described in the “Sharing of your Personal Data” section below.
4. Sharing Your Personal Data
We may share your personal data as follows:
Third Parties Designated by You. We may share your personal data with third parties where you have provided your consent to do so.
Our Third Party Service Providers. We may share your personal data with our third party service providers who provide services such as [data analysis, payment processing, information technology and related infrastructure provision, customer service, email delivery, auditing and other similar services].
5. Third Party Sites
Our Site may contain links to third party websites and features. This Policy does not cover the privacy practices of such third parties. These third parties have their own privacy policies and we do not accept any responsibility or liability for their websites, features or policies. Please read their privacy policies before you submit any data to them.
6. User Generated Content
You may share personal data with us when you submit user generated content to our Site. We urge you to be very careful when deciding to disclose your personal data, or any other information, on our Site. Such personal data and other information will not be private or confidential once it is published on our Site.
If you provide feedback to us, we may use and disclose such feedback on our Site [, provided we do not associate such feedback with your personal data]. [If you have provided your consent to do so, we may post your first and last name along with your feedback on our Site.] [We will collect any information contained in such feedback and will treat the personal data in it in accordance with this Policy.]
7. International Data Transfer
Your information, including personal data that we collect from you, may be transferred to, stored at and processed by us outside the country in which you reside, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. By accepting this Policy, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy.
8. Security
We seek to use reasonable organizational, technical and administrative measures to protect personal data within our organization. Unfortunately, no transmission or storage system can be guaranteed to be completely secure, and transmission of information via the internet is not completely secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us.
9. Retention
We will only retain your personal data for as long reasonably required for you to use the Site unless a longer retention period is required or permitted by law (for example for regulatory purposes).
10. Our Policy on Children
Our Site is/are not directed to children under 16. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us. We will delete such information from our files as soon as reasonably practicable.
11. Your Rights
Opt-out. You may contact us anytime to opt-out of: (i) direct marketing communications; (ii) automated decision-making and/or profiling; (iii) our collection of sensitive personal data; (iv) any new processing of your personal data that we may carry out beyond the original purpose; or (v) the transfer of your personal data outside the EEA. Please note that your use of some of the Site may be ineffective upon opt-out.
Access. You may access the information we hold about you at any time by contacting us directly.
Amend. You can also contact us to update or correct any inaccuracies in your personal data.
Erase and forget. In certain situations, for example when the information we hold about you is no longer relevant or is incorrect, you can request that we erase your data.
If you wish to exercise any of these rights, please contact us. In your request, please make clear: (i) what personal data is concerned; and (ii) which of the above rights you would like to enforce. For your protection, we may only implement requests with respect to the personal data associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable and in any event, within one month of your request. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion.
12. Complaints
We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this Policy or our practices in relation to your personal data, please contact us at: [email protected]. We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority
13. Contact Information
We welcome your comments or questions about this Policy.
You may contact us in writing at [email protected].
Last updated: September 16, 2023
Welcome to the MyFishingTrip Platform, which consists of the myfishingtrip.com website and mobile applications (collectively known as the “Platform”). All sections of these Terms of Use and all references to the MyFishingTrip website also apply to MyFishingTrip mobile applications.
These Terms of use, (this “Agreement”) represent a legal agreement between you, an individual (“You”) and MyFishingTrip (collectively, “we” or “us”). (You and MyFishingTrip each a “Party” and collectively the “Parties”).
THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT MAY SIGNIFICANTLY IMPACT A USER’S RIGHTS CONCERNING HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
By using the Platform, you agree to be bound by the terms and conditions of this “Agreement”.
Please read this Agreement carefully prior to using the Platform. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Platform immediately.
This Agreement will remain in full force and effect at all times, and may be modified from time to time.
We take great pride in offering a diverse range of services designed to elevate your angling experience to new heights. At our core, we are committed to connecting passionate anglers, whom we refer to as ‘Travelling Anglers,’ with our network of seasoned fishing experts, known as ‘MFT Anglers’ or ‘Locals.’
Travelling Anglers have the privilege of choosing from three distinct packages, each thoughtfully designed to cater to anglers of varying experience levels and preferences. Whether you are a novice seeking foundational knowledge, an intermediate angler looking to refine your skills, or a seasoned pro aiming for advanced insights, our packages are tailored to meet your unique needs.
Upon selecting a package and making the corresponding payment in advance, Travelling Anglers will receive their chosen service promptly via email. For Packages 1 and 2, this entails receiving comprehensive PDF documents created in advance by our MFT Anglers. For Package 3, Travelling Anglers will receive booking information for a direct communication opportunity with an MFT Angler of their choice.
Our commitment to facilitating direct interaction between Travelling Anglers and MFT Anglers is a hallmark of our services. This real-time communication empowers you to engage with seasoned fishing experts through various channels, including messaging, phone calls, and video calls. These channels provide you with the opportunity to seek personalized advice, clarify doubts, and gain insights tailored to your specific angling requirements.
For phone and video calls, our website may provide convenient tools to arrange these interactions, ensuring a seamless experience. Alternatively, your phone number will be shared exclusively with the chosen MFT Angler to coordinate the call. It’s important to note that the contact details of our MFT Anglers will remain confidential and will not be disclosed to Travelling Anglers.
In cases where a scheduled call cannot be answered, we offer the option to reschedule it for a more suitable time. After the second unsuccessful attempt, we will consider the Travelling Angler eligible for a refund or, as an alternative, they may choose to receive the PDF from Package 2.
Notwithstanding MFT Anglers will be compensated for their call services only if the call is attended to in its entirety.
Our dedication to enhancing your angling experience knows no bounds. We are committed to ongoing improvement, constantly assessing and enhancing our services. This commitment includes exploring opportunities to expand our offerings, provide additional communication options, and elevate the overall user experience.
We are the owner or the licensee of all intellectual property rights in our Services including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphic in the Services (collectively, the “Content”), as well all the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright, patent and trademarks laws (and various other intellectual property rights) and treaties in the Australia and around the world.
The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purpose only.
The Platform may be used only for lawful purposes and in accordance with this Agreement. Visitors to the platform and Users hereby agree not to use the Platform in any way that violates any applicable federal, state, local, or international law or regulation.
Users and Visitors further agree to use the Platform only for legitimate purposes. Users and Visitors agree to access the Platform only in accordance with these Terms of Use, as amended.
Each User, by making use of any of the Services of the Platform agrees to release, defend, indemnify, and hold MyFishingTrip and our affiliates and subsidiaries, and agents, harmless from any and all claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal fees arising out of or in any way connected with their use of any of the Platform. Notwithstanding any Australian or other law relating to the limitation of liability, Users agree to fully indemnify MyFishingTrip in the full amount of damages actually paid by MyFishingTrip pursuant to a dispute or controversy.
Users (the “Indemnifying Party”) will defend and indemnify MyFishingTrip (the “Indemnified Party”) against any and all claims, losses, costs, and expenses, including reasonable attorneys’ fees, that the Indemnified Party may incur as a result of claims in any form by third parties arising from:
The Indemnifying Party’s intentional tortious or negligent acts or omissions (including, without limitation, non-compliance with any applicable legal and/or regulatory requirements);
The Indemnifying Party’s breach of any representation, warranty, or covenant set forth herein;
MyFishingTrip may review and update this Agreement from time to time at its sole discretion and timing. All revisions, updates, or changes are effective immediately when they are posted to the Platform and apply to all access to and use of the Platform and MyFishingTrip Services thereafter. Users are expected to check, read, and agree to this page each time they access or utilize MyFishingTrip Services so they are aware of any revision, update, or change, as they are binding on them immediately.
MyFishingTrip will not be liable or responsible, nor be deemed to have defaulted or breached this Agreement for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, electronic outages, website, app or Internet malfunctions, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, lockdowns, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.
This Agreement will be binding upon and inure to the benefit of the parties hereto. This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter thereof and merges and supersedes all prior discussions, agreements, and understandings of any and every nature between them.
All notices and communications under these Terms and Conditions shall be in writing and sent to the email address. Notices to Users will be sent to the email address associated with their account, and notices to MyFishingTrip shall be sent to [email protected]. Both Users and MyFishingTrip agree that electronic communication constitutes valid and effective notice.
This Agreement and its validity, construction, and performance will be governed in all respects by the law of the Australia, notwithstanding its or any other jurisdiction’s choice of law principles without regard to its conflict of laws provisions. Any dispute or controversy arising out of, relating to, or in connection with this Agreement will be exclusively resolved in Australia, through binding arbitration (see Arbitration).
The waiver by MyFishingTrip of a breach of any provision of this Agreement will not operate or be construed as a waiver of any subsequent breach. If any term or provision of this Agreement or the application thereof to any person or circumstance will, to the extent applicable, be invalid or unenforceable, the remainder of this Agreement and the application of such term of provision to persons or circumstances other than those as to which it is held invalid or unenforceable, will not be affected thereby and each term and provision of this Agreement will be valid and be enforced to the fullest extent permitted by law.
Both you and MyFishingTrip agree that each may bring claims against the other in an individual capacity only. Neither you nor MyFishingTrip may bring a claim as a plaintiff or class member in any class action, consolidated action, or representative action.
Any dispute or claim relating in any way to your use of any of MyFishingTrip’s Services will be resolved by binding arbitration in accordance with the rules for commercial arbitration of the Australian Centre for International Commercial Arbitration (ACICA) (or a similar organization) in effect at the time such arbitration is initiated, and subject further to the provisions of the International Arbitration Act 1974. The decision of the arbitrator will be final and binding upon all Parties. In the event that your claim is rejected, you are obliged to reimburse all costs, including but not limited to arbitration fees and any other legal fees, incurred in the proceeds.
Nothing contained herein is intended, nor will it be construed, to confer any rights or benefits upon any person (including, but not limited to, any employee, agent, contractor, officer, shareholder, member, manager or former agent of you) other than you, and no other person will have any rights or remedies under this Agreement.
MyFishingTrip is very concerned with safeguarding Users’ information. When Users enter sensitive information on MyFishingTrip forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If Users have any questions about the security of our Services, they can contact us via [email protected].
MyFishingTrip will make any legally required disclosures of any breach of the security, confidentiality, or integrity of our unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to Users via email or conspicuous posting on the Services in the most expedient time possible and without unreasonable delay, insofar as consistent with:
The legitimate needs of law enforcement; or
Any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
By agreeing to the Terms of Services, you agree that MyFishingTrip may post your testimonials or reviews on the Services along with your full name. If you want your testimonial removed, please contact us via [email protected].
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at [email protected].
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