Flying Fish Privacy Policy

Flying Fish Exhibits PTY Ltd. (?Flying Fish,? ?we,? ?us,? ?our?) maintains this Privacy Policy to inform you of our practices regarding personal information we collect from or about you in connection with our website (the ?Site?) or through the provision of our services (the ?Services?). We may update this Privacy Policy from time to time. We will notify you of any significant change by providing a notice on our website or, if you are a customer, by whatever other means upon which we have mutually agreed.

By using the Site or the Services you acknowledge your consent to the practices described herein.

If you are a site visitor subject to the privacy laws of California or the European Union, the Data Privacy Addendum may be updated from time to time governs the obligations between us regarding personal information as defined by such laws.

Services

Service is the https://www.flyingfishexibits.com website operated by Flying Fish,

Personal Information We Collect

Information You Give Us

The amount and type of information that we gather depends on the nature of the interaction. For example, if you request information regarding one of our services, we will ask for your name and email. In each case, we collect such information only insofar as is necessary or appropriate to fulfill the purpose of your interaction with us. You can always refuse to supply personal information; however, doing so may prevent you from receiving our Services or engaging in other activities on the Site. In no event will we ever request sensitive personal information (e.g., health information, religious preferences, etc.) from you, and we expressly request that you not provide any such sensitive personal information to us. We may collect personal information from you whenever you input such information into our website or provide any information to us or our representatives. The personal information which We collect and hold about you may include:

  • Name and personal contact details including email, phone number, and address;
  • Payment details;
  • IP address and the date and time of your access to our website;
  • Communications from you including survey responses, testimonials, feedback, or complaints; and
  • Any other information of any kind provided by you in any form.

Personal information does not include:

  • Publicly available information from government records.
  • De-identified or aggregated consumer information.
  • Information excluded from the applicable Privacy Laws? scope.

Web Server Logs

As is true of most websites, we gather certain information automatically through your use of the Site. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring or exit pages, the files viewed on the Site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and clickstream data to
analyze trends in the aggregate and administer the site. We use analytical software to help us understand this information. This software sends information to its licensor. Other sites and companies may also use this software. As a result, the licensor may collect information that, when aggregated by them, allows them to identify you individually. We have no responsibility for this collection and use.

Cookies

We use cookies and similar technologies to analyze trends, administer the Site, track users? movements around the Site, and gather demographic information about our user base as a whole. As a general rule, however, it is not possible to identify you personally from our use of cookies. You can control the use of cookies at the individual browser level.

How We Use Personal information

Flying Fish will only use the personal information we collect as reasonably necessary for the following purposes (?Purposes?):

  • to allow you to use and interact with the Site;
  • to provide the Services to you as our customer;
  • to inform our continued development of the Site and the Services;
  • to provide any other services which are reasonably necessary for or associated with the provision of any of our services;
  • to communicate with you from time to time in response to your requests for information or as may be relevant to your account with us;
  • to send marketing communications related to the services we provide;
  • as required by applicable law or legal requirements or for internal administrative purposes;
  • to respond to law enforcement requests and as required by applicable law, court
    order, or governmental regulations;
  • to support you and to respond to your inquiries, including investigating and addressing your concerns;
  • as described to you when collecting your personal information or as otherwise outlined in the California Privacy Laws;
  • or as specifically authorized by you in writing.

By providing your information, you grant to us a royalty-free, worldwide, perpetual license to use your information for the Purposes only. We may produce macro statistics based on the information provided by our customers and may disclose to a third party such macro statistics which do not reveal any of your personal information.

Sales of Personal Information

We do not and will not sell your personal information.

Disclosure to Third Parties

We will not disclose your personal information to third parties except as follows:

  • when we believe disclosure is reasonably required to comply with any law or legal
    request;
  • to enforce our legal and contractual rights, or to protect the rights and safety of others;
  • to third parties who help us provide any part of the Site or the Services, to the limited extent required for such help, and on condition that they may not further disclose your data or use it for any other purpose;
  • or as part of a sale of our assets or a merger of our company.

Procedures to Protect Personal Information

We have put in place reasonable measures and appropriate procedures for implementing these policies and for safeguarding the personal information we collect. However, we cannot guarantee that the personal information we collect will never be disclosed in a manner inconsistent with this Privacy Policy. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once it is received.

We acknowledge that we will take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of your personal information. These measures may include internal reviews of our data collection, storage, and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal information.

We do not warrant that these security measures will prevent any unauthorized access to or unauthorized alteration, disclosure, or destruction of the data. We disclaim all liability in relation to any unauthorized access, alteration, disclosure, or destruction of data that is outside our reasonable control.

Your Rights over Personal Information that We Control

You have the right to request access to your personal information and to request that we correct any inaccurate personal information. You may also have the right under applicable data protection laws to request the deletion of your personal information or in some circumstances, to restrict or object to the processing of your personal information. If you would like to request such access, correction, deletion, or restriction, please contact us as set out below.

Upon request, we will provide you with details regarding your personal information that has
been collected by us or is under our control. If you would like to change information that we maintain about you, you may log into your account and change it or submit a support request for any information to which you don?t have access or the ability to change yourself.
Information covered by this Privacy Policy may be deleted upon your request, provided that such deletion may impact our ability to provide you with the Services. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal
    activity, or prosecute those responsible for such actions.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with applicable laws.
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information?s deletion may likely render impossible or seriously impair the research?s
    achievement if you previously provided informed consent.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We may keep your personal information for as long as reasonably required to meet the purposes described herein. Additionally, we will retain this information as required by law, as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, you can contact us by email at info@flyingfishexhibits.com or by phone at +1 (651) 207-8877.

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within
12 months. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the
    person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly
    understand, evaluate, and respond to it.
  • We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
  • We will only use personal information provided in a verifiable consumer request to verify the requestor?s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request
within 45 days of its receipt. If we require more time, we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12 months preceding our receipt of your request. Our response will also explain why we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, specifically by electronic mail communication.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide a cost estimate before completing your request.

EU-US and Swiss-US Privacy Shield

On July 16, 2020, the Court of Justice of the European Union issued a judgment declaring the European Commission?s Decision (EU) 2016/1250 of July 12, 2016, as invalid on the adequacy of the protection provided by the EU-U.S. Privacy Shield. As a result of that decision, the EU-U.S. Privacy Shield Framework is no longer a valid mechanism to comply with European Union data protection requirements when transferring personal information from the European Union to the United States.

Nonetheless, the U.S. Department of Commerce continues to administer the Privacy Shield program and we participate in and continue to comply and maintain certification with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework.

We are committed to subjecting all personal information received from European Union member countries, the United Kingdom, and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework?s applicable Principles. To learn more about the Privacy Shield Frameworks, visit the U.S. Department of Commerce?s Privacy Shield List at https://www.privacyshield.gov/list. Under the Privacy Shield Frameworks, we are responsible for the processing of personal information that we collect from you and subsequently transfer to a third party acting as an agent on our behalf. We comply with the Privacy Shield Principles for all onward transfers of personal information from the EU and Switzerland including the onward transfer liability provisions. Concerning personal information received or transferred pursuant to the Privacy Shield Frameworks, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal information in response to lawful requests by public authorities, including requests made to meet national security or law enforcement requirements. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please
contact our U.S.-based third-party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request. Under certain conditions more fully described on the Privacy Shield website located at: https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may invoke
binding arbitration when other dispute resolution procedures have been exhausted.

California Residents

If you are a resident of the State of California, this Section addresses your rights and our obligations under the California Consumer Privacy Act of 2018 and California Privacy Rights Act of 2023 (collectively the ?California Privacy Laws?). Terms used in this Section have the same meaning as provided in the California Privacy Laws.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its advertising network.

You can opt out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy

Non-Discrimination

We will not discriminate against you for exercising any of your California Privacy Laws rights. Unless permitted by the California Privacy Laws, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including throughgranting discounts or other benefits, or imposing penalties
  • Provide you with a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by California Privacy Laws that can result in different prices, rates, or quality levels. Any California Privacy Lawspermitted financial incentive we offer will reasonably relate to your personal information?s value and contain written terms that describe the program?s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

California?s ?Shine the Light? law (Civil Code Section § 1798.83) permits users of our website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send us an electronic message through our website or write us at the address listed on our webpage.

GDPR

In some circumstances, the European Union General Data Protection Regulation (GDPR) provides additional protection to individuals located in Europe. Where this is the case, there may be additional rights and remedies available to you under the GDPR if your personal information is handled in a manner inconsistent with that law.

Disclaimer

You acknowledge and agree that we disclaim all and any guarantees, undertakings, and warranties, expressed or implied, in the provision of our products or services and we are not liable for any loss or damage whatsoever arising out of, or in connection with this Privacy Policy, to the fullest extent permitted by law.

Intellectual Property

The Intellectual Property Rghts in all materials, resources, commentaries, content, tools, and information (including photographic images) contained in our products and services remain the property of Flying Fish and are protected by intellectual property laws and treaties around the world.