Privacy Policy

Sperry Works, LLC dba as DIY Fly Fishing (“DIY Fly Fishing,” “our,” “we” or “us”) understands your privacy is important. This Privacy Policy (“Policy”) describes how we collect, use, store, process and share your information in relation to your access and use of the Service (including the Site, Mobile Apps, Standalone Maps, and Products). By visiting, accessing or using the Service, you expressly consent to the collection, use, storage, transfer, processing and disclosure of your information, including personally identifiable information, as described in this Policy. IF YOU DO NOT AGREE WITH THIS POLICY, DO NOT ACCESS OR USE ANY PART OF THE SERVICE, REGISTER FOR AN ACCOUNT OR MAKE A PURCHASE.

1. INFORMATION COLLECTION

(a) General. When you visit the Service, you can browse without submitting any personally identifiable information about yourself. We will, however, receive and store some non-personally identifiable information about you, as described below. In order to participate in certain functionalities, you may be asked to provide personally identifiable information. “Personally identifiable information” is information that would allow us to actually identify you, such as your name, postal address, email address, telephone number or any other information the Service collects that is defined as personal or personally identifiable information under applicable law.

(b) Account; Login; Purchase. If you create an account, you will be asked to provide and we may collect certain information, including, but not limited to, your email address and password selected by you. If you register for your account using social networking service credentials, we will collect your credentials in order to identify and log into the third party application or website and will retain your credentials to collect information from the social networking service. If you make a purchase, you will be asked to provide certain information, including, but not limited to, first and last name, email address, billing address, shipping address, phone number and credit card information. See “Payment Information; Third Party Payment Processor” below for more information on the handling of payments.

(c) Payment Information; Third Party Payment Processor. We use third-party payment processors (currently Stripe and Paypal) to assist in securely processing your personally identifiable payment information. The credit card information that you provide is encrypted and transmitted directly to the payment processor. We do not store your credit card information and do not control and are not responsible for payment processor or its collection or use of your information. You may find out more about how payment processor stores and uses your credit card information by accessing Stripe’s privacy policy and Paypal’s privacy policy.

(d) Request Product and Other Information. You may provide your email address and other contact information to us in order to request product information or other information related to DIY Fly Fishing products and services even if you do not sign up for an account or make a purchase.

(e) Communications. In order to receive certain communications from us, you may be required to submit certain information to us, including, but not limited to, your name, email address, phone number and other contact information.

(f) Location Data. Certain features available in the Service provide us with your location information, including GPS coordinates in real time or through browser geolocation APIs (“GPS Location”). Your GPS Location may allow us to locate you with a high degree of precision. We use this GPS Location information in order to provide the Service. If the Service is unable to acquire your GPS Location, certain features of the Service may not be available to you. We may also collect and use GPS Location information to offer you products or services, to protect, enhance or update the Service and as described in Section 2 below.

(g) Automatically Collected Information. Similar to other websites and online services, we may collect some information automatically and store it in log files. We may use Google Analytics or other third party analytics providers to collect this information about the Service. This collection may include, but is not limited to: your IP address, browser type and language, device type, referring/exit pages and URLs, other browser history, platform type, number of clicks, landing pages, cookie information, the pages you requested and viewed, the amount of time spent on particular pages and the date and time of each request you make. We collect this non-identifying information in order to better understand our users, to more efficiently operate our business, to promote our products and services and to improve the quality of the Service. We may automatically collect information using various tracking technologies, such as cookies and web beacons.

(h) Cookies. A cookie is a small text file that is stored on a computer or smartphone for record-keeping purposes. Our third party analytics providers use cookies to record information about your activities while using the Service and to “remember” you when you return to the Service. Some cookies remain on your computer or device until you delete them. Others, like session ID cookies, expire when you close your browser. You may set your browser or device setting to attempt to reject cookies and you may still use the Service, however, certain features of the Service may not be available if your browser or device does not accept cookies. See the section titled “Do Not Track Settings” below for more information on how the Service may respond to your browser or device settings. We do not control the use of cookies by third parties. See also “Third Party Analytics Providers” below.

(i) Web Beacons. Web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) are tiny graphics with a unique identifier that are used to track the online movements of web or mobile app users. Unlike cookies, which are stored on a computer’s hard drive or your smartphone, web beacons are small graphics that are about the size of the period at the end of the sentence that are embedded invisibly on, for example, web pages or in HTML-based emails. Our third party analytics providers may place web beacons on the Site that track what other websites you visit (both before and after visiting the Site) or on the Application for gathering related Application statistics (for example, recording the popularity of certain Application content and verifying system and server integrity). Our third party analytics providers use information obtained from web beacons to help us improve our business and the Service. We do not control the use of web beacons by third parties.

(j) Google Analytics. Google Analytics uses cookies and web beacons in order to collect demographic and interest-level information and usage information from users that access and use the Service, including, but not limited, to information about the pages where users enter and exit the Service and what pages users view on the Service, time spent, browser, operating system, device information, and IP address. Cookies and web beacons allow Google to recognize a user when a user visits or accesses the Service. Google uses the information it collects from the Service and other websites or services to share with us and other website operators information about users including, but not limited to, age range, gender, geographic regions, general interests and details about devices used to visit websites and purchase items. We take reasonable measures to prevent linking information we receive from Google with any of your personally identifiable information. For more information regarding Google’s use of cookies and collection and use of information see the Google Privacy Policy. To opt out of Google Analytics, please visit the Google Analytics Opt-Out Page to learn about opting out and installing the appropriate browser add-on.

(k) Third Party Analytics Providers. We use third parties to help us operate and improve the Service. In doing so, we may share with these third parties non-personally identifiable information about users’ use of the Service. These third party providers also use tracking technologies to collect information about you and your device. We do not control information collected by third parties and are not responsible for their use of that information.

(l) “Do Not Track” Settings. Because we track Service usage information through the use of cookies, web beacons and other tracking mechanisms, your selection of the “Do Not Track” option provided by your browser or smartphone may not have any effect on our collection of information via tracking technologies. The only way to completely “opt out” of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser and smartphone to delete and disable cookies and other tracking/recording tools. However, getting a “Do Not Track” signal to work as you might want is difficult. Using browsers as an example, not all tracking technologies can be controlled by browsers; unique aspects of your browser might be recognizable even if you disable a tracking technology; not all settings will necessarily last or be effective; even if a setting is effective for one purpose, data still may be collected for another; and even if one website observes a “Do Not Track” signal, that website usually will not be able to control other websites.

2. INFORMATION USE

(a) General. We will use your personally identifiable information to operate, manage, and administer your account and the Service; to fulfill your purchases; to provide you with support or a more personalized experience; to communicate with you; to monitor Service usage; to improve the Service or develop and test new products, services, websites or applications; and to provide you information about products and services (including the products and services of third parties). We may also use personally identifiable information to resolve disputes; to detect and protect against errors, fraud, and illegal activity; to assist law enforcement; to enforce this Policy and our Terms of Use; or for any other purpose described in this Policy or described to you at the time of collection.

(b) Communications. We may use your personally identifiable information to send you emails, notifications or other communications related to your use of the Service, your account, your purchases and to respond to your inquiries or requests. You may not opt out of Service-related emails which are not promotional in nature. We may also send you promotional emails to notify you about products or services that may be of interest to you. If you would like to stop receiving promotional messages from us or third parties, please click on the opt out link in any non-Service related email you receive. Even if you opt out, you will continue to receive Service-related communications from us.

(c) Sharing with Other Users. Some of our services allow you to communicate and connect with other DIY Fly Fishing users to share your map markers and other content. It is your choice whether to communicate with or share this content with another DIY Fly Fishing user. We will use your personally identifiable information to enable you to find and link to other DIY Fly Fishing users. If you choose to share content or access shared content, other users will have access to information such as your first name, last name initial, and profile photo.

(d) Use of Non-Personally Identifiable and Aggregate Information. We may use non-personally identifiable information and aggregate information for any lawful purpose, including, but not limited to, analyzing trends, managing and administering the Service, tracking users’ movements, to create new products or services or to improve our business and the Service. We may also share aggregate information with third parties to develop and deliver targeted advertising and to analyze and report on the advertising you see. In addition, we may share aggregate statistical information with our business partners. We may also combine your non-personally identifiable information and aggregate information with other non-personally identifiable information and aggregate information collected from other sources. We will take reasonable steps to ensure that aggregate information is never associated with you or your personally identifiable information.

(e) Information Retention. We may retain your information indefinitely, or as long as legally required or allowed, for our business needs and in order to deter fraud or abuse of the Service. We may dispose of any information in our discretion without notice, subject to applicable law. We do not undertake any retention obligations through this statement.

3. INFORMATION DISCLOSURE

(a) Affiliated Entities and Service Providers. We may disclose your information, including personally identifiable information, to any affiliated entity or organization, business partner and to agents and service providers to help us operate the Service, improve our business or the Service and to provide services to us. These third parties may include customer service providers, business or sales service providers or providers that provide support for the Service.

(b) Legal Requirements. In some cases, we may disclose your information, including personally identifiable information: (i) as required by any applicable law, rule or regulation; (ii) if we believe disclosure is needed to protect our rights, property or safety; (iii) to government regulators or law enforcement authorities in connection with any judicial proceeding, court order, subpoena or legal process served on us or the Service; and (iv) to respond to a physical threat to you or another person.

(c) Insolvency and Business Transitions. If we should ever file for bankruptcy or engage in a business transition such as a merger with another company, or if we purchase, sell or reorganize all or part of our business or assets, we may disclose your information, including, but not limited to, personally identifiable information, to prospective or actual purchasers in connection with one of these transactions.

(d) Disclaimer. We cannot ensure that all of your personally identifiable information will never be disclosed in ways not otherwise described in this Policy. For example, a third party may unlawfully intercept or access transmissions or private communications, or other users of the Service may abuse or misuse your personally identifiable information. No transmission of data over the internet can be 100% secure.

4. INFORMATION SECURITY MEASURES

We exercise care in facilitating the transmission of information between your device or computer and the third party servers that operate and store information for the Service. The personally identifiable information we collect is stored in operating environments that are not available to the public. Any payment transactions will be encrypted using SSL technology. While we have mechanisms in place to safeguard your personally identifiable information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.

5. CHILDREN’S PRIVACY

(a) The Service is not for or Directed Towards Children. The Service is not intended for anyone under the age of 18, and we do not intend to and will not knowingly collect any personally identifiable information from children under the age of 13. Children under the age of 13 are prohibited from using the Service. If we learn that we have collected information from a child under the age of 13, we will remove that information immediately and delete it from our servers. If you believe information from a child under the age of 13 has been provided to the Service, please notify us at: support@diyflyfishing.com

(b) California Minors. While the Service is not intended for anyone under the age of 18, if you are a California resident under age 18 and you believe your information has become publicly-available through the Service and you are unable to remove it, you may request removal by contacting us at: support@diyflyfishing.com. When requesting removal, you must be specific about the information you want removed and provide us with specific information, so that we can find it.

6. YOUR CALIFORNIA CONSUMER PRIVACY RIGHTS; CALIFORNIA SHINE THE LIGHT LAW(a) California Civil Code Section 1798.83 permits users who are California residents (“Californian Users”) to obtain from us once a year, free of charge, a list of third parties to whom we have disclosed personally identifiable information (if any) for direct marketing purposes in the preceding calendar year.(b) Effective January 1, 2020: a. California Civil Code 1798.110 permits Californian Users to request from us the following information: (1) the categories of personal information we have collected about you; (2) the categories of sources from which the personal information is collected; (3) the business or commercial purpose for collecting or selling personal information; (4) the categories of third parties with whom we share your personal information; (5) the specific pieces of personal information we have collected about you.b. California Civil Code 1798.115 permits Californian Users to request from us information regarding what personal information we sell and to request that we do not sell the California User’s personal information, or exercise the “opt-out right”. We do not sell Californian Users’ personal information.c. California Civil Code 1798.115 also permits Californian Users to request from us a list of the categories of personal information we have disclosed about consumers for a business purpose in the preceding 12 months.d. California Civil Code 1798.125 prohibits us from discriminating against a Californian User on the basis that the Californian User exercised any of the rights under title 1798.(c) You may have other rights to access or delete your information under applicable state or federal laws that come into effect after the date of this privacy policy, subject to certain verification procedures. If so, we will comply with the requirements of any applicable law. If you are a California resident and you wish to make such a request, please send an e-mail with “California Privacy Rights” in the subject line to support@diyflyfishing.com or write us at: 5833 Winterberry Pl, Allentown, PA 18104.

7. LINKED SITES

The Service or users of the Service may provide links to other websites or resources (“Linked Sites”). You acknowledge and agree that DIY Fly Fishing does not endorse and is not responsible for any content, advertising, products, services or other materials on or available through Linked Sites. Linked Sites are subject to different terms of use and privacy policies, which you should review.

8. NON-U.S. RESIDENTS

The Service is not intended for use outside the United States, or by non-U.S. residents. If you provide personally identifiable information to us, it may be transferred to and processed on computers in the United States and other countries, including countries outside the European Economic Area. Do not provide personally identifiable information to us if you do not want or consent to this information being transferred to the United States or to other countries, which may not have privacy (data protection) legislation or regulation comparable to the law of the country in which you reside. Your provision of personally identifiable information to us will be handled in accordance with this Policy. Your provision of personally identifiable information to us through the Service means that you agree to the terms of this Policy.

9. CHANGES TO THIS POLICY

We reserve the right to change this Policy at any time upon notice to you. We may give notice by making the updated Policy available in the Service or by any other reasonable means. You can access and review the most current version of this Policy at any time at diyflyfishing.com/privacy-policy. If you do not agree to the updated Policy, you must stop using the Service. Your continued use of the Service after the effective date posted at the top of this Policy will constitute your acceptance of the updated Policy.

10. ACCESSING OR UPDATING YOUR INFORMATION

You may access or update your personally identifiable information by contacting us at: support@diyflyfishing.com. As noted in Section 6 above, we will act in a manner that complies with applicable law. We will make good faith efforts to resolve requests to correct inaccurate information except where the request is unreasonable, requires disproportionate technical effort or expense, jeopardizes the privacy of others, or would be impractical. If your account is terminated for any reason, your information will no longer be accessible through your account or associated with your account. However, activity that occurred prior to deletion may still continue to be stored on our systems or the systems of our service providers indefinitely.

11. PRIVACY QUESTIONS

If you have any questions about this Policy, please contact us at: support@diyflyfishing.com