Terms of Use

This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. Please note that Section 16 contains certain changes to the general terms for users outside the United States.
Date of Last Revision: October 2, 2023.

Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities (“Statement”) derives from the Lake Erie Fish Principles and governs our relationship with users and others who interact with Lake Erie Fish. By using or accessing Lake Erie Fish, you agree to this Statement.

1. Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use Lake Erie Fish to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

A. Personal Information We Collect

We process the following Personal Information

All Google Analytics data
Email Address (opt-in)

B. Purposes and Legal Basis

We process Personal Information of Concerned Individuals for the following purposes based on the following legal basis:

We process Personal Information based on Art. 6 para 1 (b) GDPR to establish and fulfill the contract for the provision of the Lake Erie Fish services, to communicate about the Lake Erie Fish service, or to respond to queries or requests.
We process Personal Information based on Art. 6 para 1 (f) GDPR to enable our business and pursue our legitimate interests, we particularly process it for research and analytic purposes, to improve and further develop the Lake Erie Fish service, to respond to any comments or inquiries Concerned Individuals may send.
We process Personal Information based on Art. 6 para 1 (c) GDPR to comply with applicable laws (such as record keeping obligations), export control and customs, compliance screening obligations (e.g. to prevent white-collar or money laundering crimes), and to protect our legitimate business interests and legal rights, including, but not limited to, use in connection with legal claims, compliance, especially regulatory or investigative purposes (including disclosure of such information in connection with a legal process or litigation).

C. Sharing Personal Information

We Do not share any personal information.

D. Transferring Personal Information

Your personal information would only be transferred to an email service. The email service is used to email all users of new posts and promotional marketing.

E. Data Retention and Deletion

We will keep the Personal Information for as long as necessary to provide the Lake Erie Fish service. Users can opt-out at anytime by clicking the link in the email received.

F. Rights in Relation to the Personal Information

The Concerned Individuals will generally have the following rights:

They can request information from us at any time as to whether and how we process their Personal Information and request that we give you access to your Personal Information or send you a copy of it (Art. 15 GDPR).
If they believe that the Personal Information we hold about them is incorrect or incomplete, they can ask us to correct or complete it (Art. 16 GDPR).
They may also have the right to object to the processing of their Personal Information (Art. 21 GDPR) and they may request us to restrict our use of your Personal Information (Art. 18 GDPR) and to delete them (Art. 17 GDPR).
If we process their Personal Information based on their consent, they have the right to withdraw their consent at any time (Art. 7 para 3 GDPR). They can withdraw their consent by emailing PersonalDataManager@flir.com or, in case of electronic direct marketing, by following the instructions in the communication. Their withdrawal will not affect the lawfulness of the processing carried out before they withdrew your consent.
With regard to the Personal Information they process based on their consent or based on a contract, they may request a copy of this Personal Information from us in a structured, commonly used and machine-readable format (Art. 20 GDPR).

If you have concerns about how we handle personal information please email support@lakeeriefish.com

G. Google Analytics

Our website uses Google Analytics, which is a web analytics service provided by the third-party provider Google LLC (“Google”). Google Analytics is used for the purpose of evaluating your use of our website, compiling reports on website activity and other services relating to website activity and internet usage. The information generated by the cookie about your use of the website is usually transmitted to and stored by Google on servers in the USA. This transfer is covered by Google’s Privacy Shield certification. On this website we have also activated the IP anonymisation tool “gat._anonymizeIp();” provided by Google to help protect your privacy. This means that your IP address will automatically be shortened after it is collected so it can no longer be connected to you (see https://support.google.com/analytics/answer/2763052). For more information see https://support.google.com/analytics/answer/6004245?hl=de&ref_topic=2919631 (information on Google Analytics and data privacy).

H. Data Controller and Contacting Us

If you have questions about this Privacy Policy or other privacy aspects, please contact us:
E-Mail: support@lakeeriefish.com

1. Local and Federal Laws

Lake Erie Fish terms of use complies with all Federal and local U.S. law. You agree to use Lake Erie Fish in a manner that complies with all local and federal law.

2. Sharing Your Content and Information

Lake Erie Fish does not sell or share any email addresses collected.

3. Deleting Data

If you share information or pictures for posting on Lake Erie Fish, you can request to have that data removed at any time by emailing support@lakeeriefish.com

4. Safety

We do our best to keep Lake Erie Fish safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

You will not send or otherwise post unauthorized commercial communications (such as spam) on Lake Erie Fish.
You will not collect users’ content or information, or otherwise access Lake Erie Fish, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Lake Erie Fish.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any user.
You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
You will not offer any contest, giveaway, or sweepstakes (“promotion”) on Lake Erie Fish without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws.
You will not use Lake Erie Fish to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working of Lake Erie Fish, such as a denial-of-service attack.
You will not facilitate or encourage any violations of this Statement.

5. Registration and Account Security

The only information Lake Erie Fish will ever collect is your email address, and that is your choice. Lake Erie Fish users provide their real email addresses, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your email address:

You will not provide any false personal information on Lake Erie Fish, or provide an email address for anyone other than yourself without permission.
You will not use Lake Erie Fish if you are under 13.
You will not use Lake Erie Fish if you are a convicted sex offender.

6. Protecting Other People’s Rights

You cannot post your own content on Lake Erie Fish.

7. Fishing Report Locations

Lake Erie Fish shares fishing locations in reports. Sometimes these locations are shown using Navionics. Lake Erie Fish is not responsible for users navigation while boating.

8. Mobile

If you view Lake Erie Fish on mobile the same privacy policy applies.

9. About Advertisements and Other Commercial Content Served or Enhanced by Lake Erie Fish

Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:

We do not give your content or information to advertisers.
You understand that we may not always identify paid services and communications as such.

10. Amendments

We can change this Statement if we provide you notice and an opportunity to comment. To get notice of any future changes to this Statement, visit our terms of use page.
For changes we will give you a minimum of seven days notice. All such comments must be made on the contact Lake Erie Fish page
If more than 10,000 users comment on the proposed change, we will also give you the opportunity to participate in a vote in which you will be provided alternatives. The vote shall be binding on us if more than 30% of all active registered users as of the date of the notice vote.
We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.

11. Termination

If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Lake Erie Fish to you. We will notify you by email. You may stop accessing Lake Erie Fish at anytime by not visiting the website. You may remove your email from the distribution list at anytime by clicking the link in the email to unsubscribe.

12. Disputes

You will resolve any claim, cause of action or dispute (“claim”) you have with us arising out of or relating to this Statement or Lake Erie Fish exclusively in a state or federal court located in Dane County. The laws of the State of Wisconsin will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Dane County, Wisconsin for the purpose of litigating all such claims.
If anyone brings a claim against us related to your actions, content or information on Lake Erie Fish, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
WE TRY TO KEEP Lake Erie Fish UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING Lake Erie Fish “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT Lake Erie Fish WILL BE SAFE OR SECURE. Lake Erie Fish IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR INTELLECTUAL PROPERTY OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR Lake Erie Fish, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR Lake Erie Fish WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Lake Erie Fish LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

13. Special Provisions Applicable to Users Outside the United States

You consent to having your personal intellectual property transferred to and processed in the United States.
If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on Lake Erie Fish (such as advertising or payments) or operate a Platform application or website.

14. Definitions

By “Lake Erie Fish” we mean the features and services we make available, including through (a) our website at www.lakeeriefish.com and any other Lake Erie Fish branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins, or networks now existing or later developed.
By “Platform” we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve intellectual property from Lake Erie Fish or provide intellectual property to us.
By “information” we mean facts and other information about you, including actions you take.
By “content” we mean anything you post on Lake Erie Fish that would not be included in the definition of “information.”
By “intellectual property” we mean content and information that third parties can retrieve from Lake Erie Fish or provide to Lake Erie Fish through Platform.
By “post” we mean post on Lake Erie Fish or otherwise make available to us (such as by using an application).
By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By “active registered user” we mean a user who has logged into Lake Erie Fish at least once in the previous 30 days.
By “application” we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received intellectual property from us. If you no longer access Platform but have not deleted all intellectual property from us, the term application will apply until you delete the intellectual property.

15. Other

If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and Lake Erie Fish. References to “us,” “we,” and “our” mean Lake Erie Fish.
This Statement makes up the entire agreement between the parties regarding Lake Erie Fish and supersedes any prior agreements.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law.
This Statement does not confer any third-party beneficiary rights.
You will comply with all applicable laws when using or accessing Lake Erie Fish.
Mapping displayed on Lake Erie Fish is not intended for navigation
Mapping information is not suitable for any or all purposes, images, print outs, digital reproduction, etc. may not be shared, reproduced, stored, distributed, or used in any manner.