Terms and Conditions

Section 1.

The Owner and Controller of the mobile application FISHNATIC fishnatic.com is NewMobile Sp. z o.o., with its registered seat in Warsaw, located at the address: Warszawa 00-231 ul Stara 11/1, entered into the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register under the number 0000663149C.

Section 2.

Access to FISHNATIC shall require authorisation by creation of an account, the so-called User's page. Upon satisfying the authorisation requirement and upon acceptance of these Terms and Conditions and consent to the processing of personal data, the user, hereinafter referred to as ‘the User’ shall gain full access to all of FISHNATIC's services free of charge.

Section 3.

1. FISHNATIC's User's Page shall be created automatically upon reading and acceptance by the User of these Terms and Conditions, and filling-in of the registration form and consent to the processing of personal data. When using the option ‘log in via Facebook’ or ‘log in via Google’, the form fields are filled in automatically, but the User is always able to edit and modify them.

2. Only a natural person aged over 16 may be a User of the portal.

Section 4.

1. NewMobile Sp. z o.o., with its registered seat in Warsaw, located at the address: Warszawa 00-231 ul Stara 11/1, shall be the Controller of the User's personal data and be responsible for the safe use of the personal data, in accordance with the terms and conditions set forth herein and in the applicable laws, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, hereinafter referred to as ‘the GDPR’.

2. Personal data shall, in accordance with the GDPR, mean any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

3. Purpose of the use of personal data by the Controller:

• User's authorisation on the portal,
• provision of access to FISHNATIC's functions,
• friend suggestions,
• compliance with legal obligations to which the Controller is subject,
• response to complaints within the time and in the form provided by the law,
• detection and prevention of abuse, and in the event that the Controller exercises legal
• claims, notification of the competent authorities,
• creation of lists and analyses for the Controller's purposes, including, but not limited to, marketing research and IT systems development,
• maintenance support, including by informing of failures,
• marketing services with regard to notification of users of any new additions to the portal and sending of trade and commercial information to the Users by Trusted Partners.

4. For the purposes set forth in Paragraph 3, the Controller shall conduct profiling, i.e.
automated analysis of the User's; personal data.

5. The User's consent to the use of personal data in the acceptance form unambiguously
specifies the purpose of the personal data processing and therefore the User consciously
consents to the processing of data to the extent set forth in Paragraph 3.

6. By sending the registration form, the User shall transfer the following personal data: full
name, gender, age, preferred angling method and e-mail address, and confirm the authenticity
and accuracy of the data contained therein.

7. In order to use the friend suggestion mechanism, the application uses the data obtained
from the User's account on facebook.com and from his or her telephone. Such data are
processed once, for the sole purpose of obtaining suggestions. A User may refuse to consent
to the use of data to this extent, by selecting the appropriate function upon registration in the
application.

8. The Controller shall be entitled to transfer the User's personal data to bodies which process
personal data on behalf of the Controller, which shall participate in the performance of
activities on behalf of the Controller, as follows:

• in order to authorise the User on the portal,
• to other entities acting as intermediaries in the sale of the Controller's services or in the organisation of marketing campaigns,
• to entities providing the Controller with advisory, consultancy and auditing services, and/or legal, tax and accounting aid, and/or to research agencies commissioned by the Controller,
• to entities conducting payment activities (banks, payment institutions) in order to return the payments made,
• to entities being assigned the Controller's debt in the event that payment fails to be made within the required time,
• to entities collaborating with us on the handling of accounting, tax and legal matters – to the extent to which they become data controllers,
• in the event that payments are made through the agency of an entity, e.g. a bank or payment institution, in order to obtain information on which account of which institution has been used by the Users to pay. The aforesaid data shall be processed to check the correctness of the payment,
• in order to establish, exercise or defend legal claims of the Controller.

9. The User shall have the following rights with regard to his or her personal data:

• to rectify or modify (correct) his or her personal data,
• to erase the data that are processed unjustly or published in the application,
• to restrict the processing of his or her personal data in accordance with the request submitted,
• to access his or her personal data, including being informed of the personal data processed by the Controller and acquiring a copy of such data,
• to have his or her personal data transmitted to another personal data controller in accordance with Article 20 of the GDPR.

10. Every User shall have the right to object at any time to the processing of his or her personal data for marketing purposes. Upon receipt of a request to this effect, the Controller shall be obliged to case the processing of the User's data.

11. Every User shall have the right to lodge a complaint at any time with a competent authority if he or she believes that the processing of his or her personal data violates the applicable law.

12. The User's consent to the data processing shall mean consent to the processing of personal data to the extent specified in the consent.

13. The User's acceptance of the filled-in registration form and consent to the processing of data shall mean his or her consent to the collection, processing and use of the information contained therein by NewMobile Sp. z o.o. for statistical and marketing purposes.

14. By sending the registration form, the User confirms the authenticity and accuracy of the the data contained therein.

15. The Controller shall not control or verify the User's identification data contained in the registration form.

16. The Controller shall bear no liability for any consequences arising from the disclosure of the password to the portal to third persons, regardless of the reason for such disclosure.

17. The Controller shall bear no liability for any personal data disclosed by the User on his or her page or blog, in particular his or her full name, address and telephone numbers. Disclosure of the aforesaid personal data shall be optional and any use thereof by third persons shall not constitute any grounds for any legal claims against the Controller.

Section 5.

The User shall be obliged to:

• use FISHNATIC in accordance with the applicable law, standards of conduct, principles of conduct in the community and social norms, as well as with the provisions hereof;
• use his or her true, i.e. accurate and legal, data, including personal data;
• use data, including personal data, which he or she has the full right to use;
• refrain from undertaking any actions inconsistent with the provisions of the generally applicable law or with the accepted principles of morality, or violating the personal interests of other Users or third persons, or the legitimate interests of the Service Provider or of other Users or of third persons;
• refrain from making available the portal access data to any third persons.

Section 6.

1. The User shall bear the sole liability for the manner in which he or she uses FISHNATIC, particularly for the content of the posted comments and entries as well as of text and audio-visual materials and photographs, taking into consideration the civil and penal liability for any
unlawful actions.

2. By publishing on the portal comments as well as text and audio-visual materials and photographs, the User represents that he or she has the rights to publish them.

3. By publishing on the portal entries, comments, text and audio-visual materials and photographs, the User shall grant NewMobile Sp. z o.o. a non-exclusive and gratuitous license for an unlimited period of time in the following fields of use: use, recording, modification, deletion, supplementation, public performance, public display, copying and dissemination at any place and time. The granting of the license shall result in the User having no right to exercise any legal claims against NewMobile Sp. z o.o. therefor.

4. The Controller shall reserve the right to interfere in the content of the entries and comments published in the application, to which the User shall consent.

5. The Controller undertakes to immediately (within 24 hours for business days) respond to users` abuse reports.

Section 7.

1. A User who expresses the will to have his or her data erased or forgotten from FISHNATIC's system should send a written request at the Controller's address.

2. In order to withdraw the User's consent to the processing of his or her data for marketing purposes, he or she must change the applications settings.

Section 8.

1. NewMobile shall reserve the right to render the entire or part of the application unavailable for technical reasons, in particular those related to maintenance or introduction of changes. NewMobile shall use its best efforts to limit the inconvenience of such unavailability for the User and prevent it from decreasing the quality of the Service being rendered.

2. NewMobile undertakes to use its best efforts to ensure proper rendering of the Service in a constant and uninterrupted manner.

Section 9.

1. The Controller shall reserve the right to delete the portal's User's page if it believes it to be reasonable, in particular in the event that he or she is using FISHNATIC inconsistently with the provisions of the applicable law or hereof.

2. The Controller shall not be obliged to check the content posted by the User. In the event that the Controller receives an official notification or obtains credible information on the unlawfulness of data or of the activities related thereto, or on its own initiative when the content is unlawful, the Controller shall have the right to render such content inaccessible and to apply regulatory measures, including deletion of such content from the portal.

Section 10.

The Controller shall reserve the right to send to the Users who have given their appropriate consent via electronic mail informational and advertising contents from FISHNATIC and from collaborating entities.

Section 11.

Final Provisions

1. Any disputes arisen from the use of the application shall be settled by the local court competent for the User's place of residence.

2. To all matters not regulated herein, the appropriate provisions of the Polish law and the GDPR shall respectively apply.

3. The Controller shall reserve the right to amend these Terms and Conditions. Any
amendments shall become applicable on the date set forth therein.