Data Protection Addendum

This Data Protection Addendum, a supplement to our General Terms of Use and General Privacy Policy, represent a legal agreement (“Agreement”) between you, either an individual or a single legal entity (“You” or “you”), and FishingBooker, Inc., which has its Registered Office address at 101 West Main Street, Suite 101, Norfolk, 23510 Virginia (collectively, “the Company”, “we”, or “us”) which operates the FishingBooker platform.

As a FishingBooker Vendor, who receives and handles Customer’s personally-identifiable information, this Addendum sets out how this information is exchanged on the platform and what your responsibilities are to the Customer and to FishingBooker.

IF YOU DO NOT AGREE WITH THIS AGREEMENT OR DO NOT HAVE THE AUTHORITY TO AGREE WITH IT, YOU MUST NOT ACCEPT THIS AGREEMENT.

“Data Privacy Laws” means all data protection and privacy laws applicable to the processing of Customer’s personally-identifiable information, including, when and where applicable

• (a) the GDPR;
• (b) the UK Data Protection Act 2018;
• (c) the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC),
• (d) the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426);
• (e) U.S. state and federal data privacy laws, rules, or regulations including without limitation the California Consumer Protection Act of 2018 (“CCPA”);
• (f) the personally-identifiable information Protection and Electronic Documents Act (“PIPEDA”), and
• (g) similar laws enacted anywhere in the world addressing the protection or the use, transmission, or other processing of Personal Data, each as amended, modified, and/or supplemented by the guidance or regulatory decisions of any relevant supervisory authority or other data protection regulatory authority (“Regulator”).

“Customer personally-identifiable information” means personally-identifiable information provided to FishingBooker by the Customer, their affiliates, employees, officers, contractors, representatives.

“Controller” or “Independent Controller” means the natural or legal person, public authority, agency, or other body that, alone or jointly with others, determines the purposes and means of the processing of personally-identifiable information.

"FishingBooker/us/we/our", we mean the features and services we make available, through our Platform - including the website fishingbooker.com (https://fishingbooker.com), the FishingBooker for Captains and the FishingBooker for Customers mobile applications and any other branded or co-branded websites (including sub-domains, international versions, widgets, mobile applications, and mobile versions) already existing or later developed.

By "Vendor/you", we mean the person, agency, or company responsible for delivering and managing fishing trip services rendered through FishingBooker.com.

By "Customer", we mean the person, agency, or company paying for services delivered by the vendor through FishingBooker.com.

“Data Subject” means any natural persona about whom personally-identifiable information relates.

“Data Subject Request” means any request by a Data Subject in respect of personally-identifiable information processed by a Controller.

“GDPR” means the EU General Data Protection Regulation EU 2016/679, as implemented into national law and as amended, extended, re-enacted or applied by or under any other statute, law or enactment.

"Processing" means any operation or set of operations performed on personally-identifiable information or on sets of personally-identifiable information, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, access, consultation, use, acquisition, transfer, hosting (via server, web, cloud, or otherwise), disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction. Any activity defined as processing by or otherwise subject to the requirements of Data Privacy Laws shall fall within this definition. "Processed", "Process" and any other variations of "Processing" shall also be defined as set out above.

All other terms not defined here are defined in other parts of the Terms of Use.

General Terms

As a Vendor on FishingBooker you will be provided with the Customer’s personally-identifiable information when they book one of the trips you offer. Under the GDPR you are considered to be an independent controller, meaning that you exercise control over how you use the data you receive from us. You are responsible for complying with all data privacy laws that may apply to your jurisdiction. You must have a Privacy Policy that is compatible with ours, which can be found here, including our GDPR Privacy Notice.

When a Customer books a trip with you, you will receive certain information about the Customer, including their name, phone number, email and any other information shared between you and the Customer through IMs and the FishingBooker platform. You are only allowed to use this information for the purposes of conducting a fishing trip. You are not allowed to post this information publicly or disclose, share or sell it to anyone without the Customer’s consent. You are not allowed to use this information for unsolicited marketing or commercial purposes. If you do disclose this information you may be held responsible under data privacy laws that apply in your jurisdiction. If you work with any affiliates who handle the Customer’s personally-identifiable information on your behalf, you must ensure that they are also aware of this Data Processing Addendum and of your obligations according to Data Processing Laws.

If you and FishingBooker are found to be joint data controllers, and if FishingBooker is sued, fined or otherwise incurs expenses because of any action on your part, you agree to indemnify, defend and hold FishingBooker (and its employees, agents, consultants, subsidiaries, partners, affiliates and licensors) harmless against any claims, costs, losses, damages, liabilities, judgements and expenses (including reasonable lawyer fees) in connection with your processing of the Customer’s personally-identifiable information. You may expect reasonable cooperation, assistance and information from us and we expect the same from you so we may both comply with all data privacy laws.

Customer information may only be retained for so long as it is necessary to satisfy all applicable lawful bases for processing the fishing trip. If a Customer makes a deletion request for any of their personally-identifiable information, you are obliged to delete such information and to work with us to ensure any and all such information has been deleted.