Leaky Fish
Last
updated: Dec 14, 2021
This Privacy Policy describes Our
policies and procedures on the collection, use and disclosure of Your
information when You use the Service and tells You about Your privacy rights
and how the law protects You.
We use Your Personal data to provide
and improve the Service. By using the Service, You agree to the collection and
use of information in accordance with this Privacy Policy.
Interpretation and Definitions
Interpretation
The words of which the initial
letter is capitalized have meanings defined under the following conditions.
The following definitions shall have
the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Privacy
Policy:
Youmeans the individual accessing or
using the Service, or the company, or other legal entity on behalf of which
such individual is accessing or using the Service, as applicable. Under GDPR
(General Data Protection Regulation), You can be referred to as the Data
Subject or as the User as you are the individual using the Service.
Company (referred to as either "the Company",
"We", "Us" or "Our" in this Agreement) refers to Leaky
Fish, 6294 Lakes Rd. For the purpose of the GDPR, the Company is the Data
Controller. Account means a unique account created for You to access our Service
or parts of our Service. Website refers to Leaky Fish, accessible from
www.leakyfish.com
Service refers to the Website.
Country refers to: British Columbia, Canada
Service Provider means any natural or legal person who processes the data on
behalf of the Company. It refers to third-party companies or individuals
employed by the Company to facilitate the Service, to provide the Service on
behalf of the Company, to perform services related to the Service or to assist
the Company in analyzing how the Service is used. For the purpose of the GDPR,
Service Providers are considered Data Processors.
Personal Data is any information that relates to an identified or
identifiable individual.
For the purposes for GDPR, Personal
Data means any information relating to You such as a name, an identification
number, location data, online identifier or to one or more factors specific to
the physical, physiological, genetic, mental, economic, cultural or social
identity.
Usage Data refers to data collected automatically, either generated by
the use of the Service or from the Service infrastructure itself (for example,
the duration of a page visit).
Data Controller, for the purposes of the GDPR (General Data Protection
Regulation), refers to the Company as the legal person which alone or jointly
with others determines the purposes and means of the processing of Personal
Data.
Collecting and Using Your Personal
DataTypes of Data Collected
Personal Data
While using Our Service, We may ask
You to provide Us with certain personally identifiable information that can be
used to contact or identify You. Personally identifiable information may
include, but is not limited to:
--Email address
--First name and last name
--Phone number
--Address, State, Province, ZIP/Postal code, City
--Bank account information in order to pay for products
and/or services within the Service
Usage Data
When You pay for a product and/or a
service via bank transfer, We may ask You to provide information to facilitate
this transaction and to verify Your identity. Such information may include,
without limitation:
--Date of birth
--Passport or National ID card
--Bank card statement
--Other information linking You to an address
Usage Data
We currently do not collect usage
data.
Tracking Technologies and Cookies
We currently do not use cookies, web
beacons, or similar technology.
Use of Your Personal Data
The Company may use Personal Data
for the following purposes:
To provide and maintain our Service.
For the performance of a contract: For the development,
compliance and undertaking of the purchase contract for the products,
items or services You have purchased or of any other contract with Us
through the Service.
To contact You: To contact You by email, telephone
calls, SMS, or other equivalent forms of electronic communication, such as
a mobile application's push notifications regarding updates or informative
communications related to the products or contracted services.
To provide You with news, special offers and general
information
about other goods, services and events which we offer that are
similar to those that you have already purchased or enquired about unless
You have opted not to receive such information.
To manage Your requests: To attend and manage Your
requests to Us.
We may share your personal information in the following
situations:
With Service Providers: We may share Your personal
information with Service Providers for shipping or payment purposes.
For Business transfers: We may share or transfer Your
personal information in connection with, or during negotiations of, any
merger, sale of Company assets, financing, or acquisition of all or a
portion of our business to another company.
Retention of Your Personal Data
The Company will retain Your
Personal Data only for as long as is necessary for the purposes set out in this
Privacy Policy. We will retain and use Your Personal Data to the extent
necessary to comply with our legal obligations (for example, if we are required
to retain your data to comply with applicable laws), resolve disputes, and
enforce our legal agreements and policies.
Transfer of Your Personal Data
Your information, including Personal
Data, is processed at the Company's operating offices and in any other places
where the parties involved in the processing are located. It means that this
information may be transferred to — and maintained on — computers located
outside of Your state, province, country or other governmental jurisdiction
where the data protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy
followed by Your submission of such information represents Your agreement to
that transfer.
The Company will take all steps
reasonably necessary to ensure that Your data is treated securely and in
accordance with this Privacy Policy and no transfer of Your Personal Data will
take place to an organization or a country unless there are adequate controls
in place including the security of Your data and other personal information.
Disclosure of Your Personal Data
Business Transactions If the Company is involved in a
merger, acquisition or asset sale, Your Personal Data may be transferred. We
will provide notice before Your Personal Data is transferred and becomes
subject to a different Privacy Policy.
Law enforcement Under certain circumstances, the
Company may be required to disclose Your Personal Data if required to do so by
law or in response to valid requests by public authorities (e.g. a court or a
government agency).
Other legal requirements The Company may disclose Your
Personal Data in the good faith belief that such action is necessary to:
--Comply with a legal obligation
--Protect and defend the rights or property of the
Company
--Prevent or investigate possible wrongdoing in
connection with the Service
--Protect the personal safety of Users of the Service or
the public
--Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data
is important to Us, but remember that no method of transmission over the
Internet, or method of electronic storage is 100% secure. While We strive to
use commercially acceptable means to protect Your Personal Data, We cannot
guarantee its absolute security.
Detailed Information on the
Processing of Your Personal Data
Service Providers have access to
Your Personal Data only to perform their tasks on Our behalf and are obligated
not to disclose or use it for any other purpose.
Email Marketing
We may use Your Personal Data to
contact You with newsletters, marketing or promotional materials and other
information that may be of interest to You. You may opt-out of receiving any,
or all, of these communications from Us by following the unsubscribe link or
instructions provided in any email We send or by contacting Us.
Payments
We may provide paid products and/or
services within the Service. In that case, we may use third-party services for
payment processing (e.g. payment processors).
We will not store Your payment card
details. That information is provided directly to use for one time use or to our
third-party payment processors whose use of Your personal information and is
governed by their Privacy Policy. These payment processors adhere to the
standards set by PCI-DSS as managed by the PCI Security Standards Council,
which is a joint effort of brands like Visa, Mastercard, American Express and
Discover. PCI-DSS requirements help ensure the secure handling of payment
information.
When You use Our Service to pay a
product and/or service via bank transfer, We may ask You to provide information
to facilitate this transaction and to verify Your identity.
GDPR Privacy
Legal Basis for Processing Personal
Data under GDPR
We may process Personal Data under
the following conditions:
Consent: You have given Your consent for processing
Personal Data for one or more specific purposes.
Performance of a contract: Provision of Personal Data
is necessary for the performance of an agreement with You and/or for any
pre-contractual obligations thereof.
Legal obligations: Processing Personal Data is
necessary for compliance with a legal obligation to which the Company is
subject.
Vital interests: Processing Personal Data is necessary
in order to protect Your vital interests or of another natural person.
Public interests: Processing Personal Data is related
to a task that is carried out in the public interest or in the exercise of
official authority vested in the Company.
Legitimate interests: Processing Personal Data is
necessary for the purposes of the legitimate interests pursued by the
Company.
In any case, the Company 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.
Your Rights under the GDPR
The Company undertakes to respect
the confidentiality of Your Personal Data and to guarantee You can exercise
Your rights.
You have the right under this
Privacy Policy, and by law if You are within the EU, to:
-Request access to Your Personal Data. The right to
access, update or delete the information We have on You. Whenever made
possible, you can access, update or request deletion of Your Personal Data
directly within Your account settings section. If you are unable to
perform these actions yourself, please contact Us to assist You. This also
enables You to receive a copy of the Personal Data We hold about You.
-Request correction of the Personal Data that We hold
about You. You have the right to have any incomplete or inaccurate
information We hold about You corrected.
-Object to processing of Your Personal Data. This right
exists where We are relying on a legitimate interest as the legal basis
for Our processing and there is something about Your particular situation,
which makes You want to object to our processing of Your Personal Data on
this ground. You also have the right to object where We are processing
Your Personal Data for direct marketing purposes.
-Request erasure of Your Personal Data. You have the right
to ask Us to delete or remove Personal Data when there is no good reason
for Us to continue processing it.
-Request the transfer of Your Personal Data. We will
provide to You, or to a third-party You have chosen, Your Personal Data in
a structured, commonly used, machine-readable format. Please note that
this right only applies to automated information which You initially
provided consent for Us to use or where We used the information to perform
a contract with You.
Withdraw Your consent. You have the right to withdraw
Your consent on using your Personal Data. If You withdraw Your consent, We
may not be able to provide You with access to certain specific
functionalities of the Service.
Exercising of Your GDPR Data
Protection Rights
You may exercise Your rights of
access, rectification, cancellation and opposition by contacting Us. Please
note that we may ask You to verify Your identity before responding to such
requests. If You make a request, We will try our best to respond to You as soon
as possible.
You have the right to complain to a
Data Protection Authority about Our collection and use of Your Personal Data.
For more information, if You are in the European Economic Area (EEA), please
contact Your local data protection authority in the EEA.
Children's Privacy
Our Service does not address anyone
under the age of 13. We do not knowingly collect personally identifiable
information from anyone under the age of 13. If You are a parent or guardian
and You are aware that Your child has provided Us with Personal Data, please
contact Us. If We become aware that We have collected Personal Data from anyone
under the age of 13 without verification of parental consent, We take steps to
remove that information from Our servers.
We also may limit how We collect,
use, and store some of the information of Users between 13 and 18 years old. In
some cases, this means We will be unable to provide certain functionality of
the Service to these users.
If We need to rely on consent as a
legal basis for processing Your information and Your country requires consent
from a parent, We may require Your parent's consent before We collect and use
that information.
Links to Other Websites
Our Service may contain links to
other websites that are not operated by Us. If You click on a third party link,
You will be directed to that third party's site. We strongly advise You to
review the Privacy Policy of every site You visit.
We have no control over and assume
no responsibility for the content, privacy policies or practices of any third
party sites or services.
Changes to this Privacy Policy
We may update our Privacy Policy
from time to time. We will notify You of any changes by posting the new Privacy
Policy on this page.
We will let You know via email
and/or a prominent notice on Our Service, prior to the change becoming
effective and update the "Last updated" date at the top of this
Privacy Policy.
You are advised to review this
Privacy Policy periodically for any changes. Changes to this Privacy Policy are
effective when they are posted on this page.
Contact Us
If you have any questions about this
Privacy Policy, You can contact us:
-By email: info@leakyfish.com
-By mail: 6294 Lakes Rd., Duncan, BC, Canada V9L 4S6
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