FishDonkey Privacy Policy

Privacy Policy

This privacy policy is applicable to FishDonkey™, which is owned and operated by FishDonkey, Inc. (herein referred to as "we", "our", or "us") and is subject to and part of FishDonkey’s Terms of Use which may be found here.  FishDonkey (“FishDonkey”, “we” or “us”) operates www.FishDonkey.com, www.tourneyservices.com and other channels including web and mobile applications, tournament sites and platforms (collectively, the "Site").

The purpose of this privacy policy is to disclose to you what information we may collect, how we collect it, with whom we may share it, and certain other matters related to such information, including the choices you have regarding our collection of information.  

 

TYPES OF INFORMATION THAT MAY BE COLLECTED & HOW IT IS COLLECTED

Personal Information You Provide to Us

Personal information that you provide to us through use of the Site.  You provide information when you register or update your profile such as your user ID and password, name, email address, mobile number, physical address, birth date, gender, T-Shirt size, or zip code, or other information may be collected via the Site.  This information is generally used to contact you regarding fishing tournaments that you are participating in or tournaments that we think you might be interested in.  Some of the data like gender and T-shirt size is optional, but can be used to provide you with a correct sized T-shirt for the tournament you participate in, should a T-Shirt be offered.  Other information, like your mobile phone number is necessary in order to provide you access to our mobile App during tournaments.

 

Tournament  Information You Submit to Us

We may receive and store certain types of information whenever you use our Site for a tournament. For example, we may collect the names and locations of tournaments you are competing in, including photos you submit, the species of fish you are submitting, the length of fish submitted, the body of water you are fishing on (location), and the time of day of your submission.  During the tournament this information is used to determine leaderboards and ultimately winners of the tournament.  The information can be used to verify your entry in terms of length, species, date & time, and general location in order to prevent cheating during the tournament.  The specific location of fishing spots is not shared with tournament directors or other participants.  Location information during tournaments may be used to determine whether you are on the correct body of water for the tournament in order to prevent cheating. Aggregate tournament data collected on individual lake and other bodies of water may be used for other purposes such as to help government agencies determine the health of the fishery or to manage the fishery.  We may collect and use tournament information such as participation and species targeted, to determine other offerings, new tournaments, and products or services that you might be interested in.  We may provide your personal information to the tournament organizer.  We only share the information that is necessary to conduct tournaments.  We are not responsible for what the tournament organizers do with your tournament specific information as they have their own privacy policy.

 

Photos You Submit

We may use photos and other information you submit to us to provide information on the Site or to promote the Site and/or our Services on other sites and social media.

 

Email Communications

When you open emails from FishDonkey, we may receive a confirmation noting you opened an email from us. We also may keep track of what emails we send you and what emails you may be receiving from us and our subsidiaries and affiliates. Additionally, we keep a record of what types of emails you have opted to and not to receive.  This information is used to offer you products and services that you are interested in.

 

HOW INFORMATION MAY BE COLLECTED

We may collect information from you in several different ways in the Site, including but not limited to those described below:

 

Registration

You may be asked first to complete a registration form and provide personally identifiable information; you may also be asked to choose a user ID and password in order to use the Site and either to compete or create tournaments where others compete.

 

Newsletters and Site Emails

We may offer free newsletters to share information with you about upcoming tournaments, about conservation, or about other services either offered by us and our affiliates and subsidiaries, or about our business partners and advertisers and sponsors. You may receive a newsletter either by registering for a particular newsletter or in conjunction with a tournament, special feature, or membership for which you have registered. You may cancel your free email subscription to FishDonkey emails by going to your profile on the Site or in some instances, in the designated area of certain newsletters or emails.

 

Surveys or Voting

From time-to-time we may request personally identifiable information from you via surveys or voting polls. The polls will include but are not limited to tournaments you have participated in or they might be surveys about specific species, the size of fish caught, or the general health of the fishery based on your participation in tournaments or they might be about other topics.   Your participation is voluntary and you will have the opportunity to decide whether or not to disclose information. At times, you may have to register to vote or to take part in a survey.

 

Cookies

As with many Websites, the Site uses standard technology called "cookies," which are small data files that are transferred to your computer when you allow your browser to accept cookies. Cookies automatically identify your Web browser to FishDonkey whenever you visit the Site, and make using the Site easier for you by saving your username, passwords, and participation preferences.

 

Location

We may collect your location when you log on to our Site so that we can use location to determine which fishing tournaments are closest to you.

 

Transaction Information

If you order any information from FishDonkey, buy any of our products or subscribe for any of the services offered on our Site, we will ask you to complete an order form that will request certain information from you, including financial information such as a credit card number and expiration date and general contact, billing and shipping information. We will use this information to complete the transaction that you have requested, i.e., to deliver the information, products or other services that you order, and to invoice you. Such information is collected and used but we do not wish to be responsible for storing your financial information.  We use encrypted communications and tokenization through our service vendor Stripe along with Android Pay and Apple Pay as a means of and for your protection.

 

HOW WE USE THE INFORMATION COLLECTED

We own the information collected via the Site. As applicable, the information you provide to us may be used to:

 

WITH WHOM THE INFORMATION MAY BE SHARED

At times, we may share your personally identifiable information with others for various purposes. The following outlines the ways in which your information may be shared with others:  We employ other businesses, certain services and individuals to perform functions on our behalf (“Agents”). Examples include fulfilling orders, sending e-mail, removing repetitive information from customer lists, App or Website analysis, analyzing data, providing marketing assistance, processing credit card payments, and providing customer service. These entities have access to personally identifiable information needed to perform their functions, but may not use it for other purposes.

 

Promotional Offers:

We may send offers by email to you on behalf of other partners. If you do not want to receive such offers, you may opt out in response to the email, or change your preferences in the FishDonkey App.

 

Aggregate Information:

We may share aggregate information such as demographics and fish submission statistics with the State you live in, with advertisers, sponsors or other organizations. When this type of information is shared, the other parties do not have access to your personally identifiable information.

 

Opt-in and Opt-out Programs:

We do not currently share your information with any third parties.   We also have no future plans to share any of your personal information with third parties.  If we change this policy, you will be presented with an opportunity to decide if you would like your information to be shared.

Business Transfers:

The Site may be sold along with its assets, or other transactions may occur in which your personally identifiable information is one of the business assets transferred. In such a case, your personally identifiable information, which we have gathered, may be one of the business assets we transfer.

 

Legal Process:

In the event we are required to respond to subpoenas, court orders or other legal process your personally identifiable information may be disclosed pursuant to such subpoena, court order or legal process, which may be without notice to you.

 

Links to Other Web Sites

This privacy policy applies only to the Site. When you are using FishDonkey services or on the Site you could be directed to other sites beyond our control. For example, if you "click" on a banner advertisement, the "click" may take you off the App and onto a different website. This includes links from advertisers, sponsors and others that may use the Site's logo as part of a co-branding agreement. These other websites may send their own cookies to you, independently collect data or solicit personal information and may or may not have their own published privacy policies. If you visit a website that is linked to our Site, you should consult that site's privacy policy before providing any personal information.

 

SECURITY

FishDonkey incorporates reasonable safeguards to protect the security, integrity, completeness, accuracy and privacy of the personal information that we may collect and we have put into place reasonable precautions to protect such information from loss, misuse and alteration. Certain personally identifiable information, such as credit card information, is transferred to our computers utilizing encryption software. Only those employees who need access to your information in order to do their jobs are allowed access. Our security policies are reviewed periodically and revised as required.



 

A SPECIAL NOTE FOR PARENTS CONCERNING PRIVACY

FishDonkey runs a general audience Site. We do not require or collect personal information from children under the age of thirteen on the Site. If in the future, we knowingly collect personally identifiable information from children, we will do so in compliance with the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.) including, without limitation, obtaining necessary parental consents.

 

NOTIFICATION OF CHANGES AND YOUR ACCEPTANCE OF THE PRIVACY POLICY By using this Site, you signify your acknowledgement to and agreement with the terms of this privacy policy. If we decide to change or update this privacy policy, we will post the change or update here. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify you by way of an email or some other means. Your continued use of the Site shall constitute your acceptance of such revised privacy policy.

 

Disclaimers

THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FISHDONKEY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FISHDONKEY DOES NOT WARRANT THAT THE SITE, THE SERVICES, OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR FISHDONKEY’S SERVERS, OR ANY EMAIL SENT BY FISHDONKEY, IS ACCURATE, COMPLETE, RELIABLE, TIMELY, UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR WILL OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK AND RESPONSIBILITY. FISHDONKEY, ON BEHALF OF ITSELF AND ITS LICENSORS AND CUSTOMERS, MAKES NO WARRANTY OF NON-INFRINGEMENT WITH RESPECT TO THE SITE, SERVICES, ANY CONTENT, OR ANY OTHER MATERIAL.

 

Limitation of Liability

FISHDONKEY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING FROM YOUR USE OF THE SITE OR SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR SERVICES.   Without limiting the foregoing, FishDonkey recommends that you not use the Site or Services during automobile driving, boat piloting, or other activities that pose a significant risk of accident or injury if conducted while using a mobile device or computer. You acknowledge that any such use is at your sole risk.
FishDonkey will not have any liability to you for usage or other charges related to any device that you use to access the Site or Services, including, without limitation, usage charges for mobile telephones, PDAs, car navigation systems, pagers, and other devices, whether wireless, wireline, internet-enabled or otherwise.

 

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers, exclusions or limitations in this Agreement may not apply to you, and you might have additional rights.
 

Indemnity

You agree to indemnify and hold FishDonkey, its officers, members, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against FishDonkey by any third party due to or arising out of or in connection with your use of our services.

 

The information contained in this document is subject to change without notice.

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