PRIVACY POLICY​

1. About Us & This Privacy Policy

   Ryan Moody Fishing Pty Ltd (A.B.N. 71 600 311 680), a company incorporated in Australia whose registered office is at 16 Beachfront Avenue, Trinity Beach, Cairns 4879, Australia (we, us, our, or Ryan Moody Fishing) recognises and values the protection of your personal information.
   

   We recognise that you have an interest in our collection and use of your personal information via our websites, including ryanmoodyfishing.com and fishsmarter.com.au (the Websites). We have implemented this Privacy Policy in order to be open and transparent about how we collect, hold, and use your personal information, and under what circumstances we may disclose or transfer your personal information. The Privacy Policy also outlines your rights to gain access to, and seek corrections of, your personal information we hold. Finally, the Privacy Policy provides information about how you can approach us about your privacy-related concerns and complaints, and how we will deal with such communications. It is provided in accordance with our obligations under the UK Data Protection Act 2018 and the EU General Data Protection Regulation (GDPR).

   We will not collect any personally identifiable information about you unless it is in response to you using our Website or actively registering for one of our online products. The security of your personally identifiable information is extremely important to us.

   This Privacy Policy is regularly reviewed to make sure that we continue to serve your privacy interests and we reserve the right to update it as we deem necessary.

   Please review this Privacy Policy carefully.  It should be read alongside the other legal pages of Ryan Moody Fishing. Unless otherwise defined, terms used have the same meaning as in the Terms. 

   If you have any questions, comments, or complaints about this Privacy Policy please contact us at the details set out below. 

2. What information we collect

   2.1. Registering with Ryan Moody Fishing

   Wherever possible, you can elect to remain anonymous or use a pseudonym in interacting with us e.g. when making an enquiry.

   When you register to become a member of the Websites, when you create and update your Learner profile, when you purchase Online Courses on the Website, or when you register your interest to sign up in the future or receive email updates, we and third parties working with us may ask you to supply the following information:

• • Name, email address (required)
  • Home address, date of birth, telephone number, country of nationality (required for certain courses)
  • Other personal data if you choose to register for a Ryan Moody Fishing account via third party sites including Facebook and Google, and have provided your personal information on those platforms
  • Credit/debit card information 
  • Data relating to your use of our Website and enrolment on Online Courses
  • Information provided by you when you correspond with us (including via surveys)

However, under no circumstances will we request any information from you that may disclose your:

• • political, religious or philosophical opinions, beliefs, associations or affiliations;
  • health and sexuality;
  • racial or ethnic origin;
  • membership of a trade union, or a professional or trade association; or
  • criminal records.

If you do not provide us with the necessary information, you may not be able to complete the registration and receive information from us.

We may also conduct surveys or market research and may seek other information from you on a periodic basis. These surveys will provide us with information that allows improvement in the types and quality of services offered to you, and the manner in which those services are offered to you.

We will use reasonable endeavours to only collect information directly from you. If you are disclosing details of another person (for example, a minor on whose behalf you are registering), it is your sole responsibility to ensure that that person understands and consents to the collection, use and disclosure of their personal information in the manner set out in this policy.

2.2 Registered User Content

When you are participating on an Online Course, we and third parties may collect and store information you provide to us (whether orally, by mail or email or online). For example:

• • comments you voluntarily post while participating in online discussions with the Course educators and other Learners during the Course run
  • any email communications with Ryan Moody Fishing to seek user support or to send queries related to the Course
  • any content submitted by you during the Course, such as written feedback, testimonials, etc.
  • any data and documentation you submit in order to verify your identity where required to obtain a certificate or academic accreditation (collected by our third-party identity verification vendors who may store your information for the sole purpose of identification verification)
  • responses you voluntarily provide to Ryan Moody Fishing, the Course educators, or third parties in questionnaires, surveys, or user research that you participate in related to the Course 

You do not need to post or submit any content, however, if you do, we collect the information that you submit.

2.3 Forums and Chat Rooms

Our Websites offer blogs, community forums and chat rooms that may be publicly accessible (or accessible by other users of the Websites). You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog, forums or chat room contact us here. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

The Websites may include functionalities that allow you to control whether or not the public or other users of the Websites are able to view your Registered User Content (Access Controls). We will use our best endeavours to ensure that the Websites properly implement the Access Controls that you select, but we do not warrant or guarantee that the implementation is error free. If you discover any improper implementation of your selected Access Controls, please inform us immediately so that we can investigate and, where appropriate, correct the error. To the extent permitted by law, we are not liable to you for any loss or damage arising as a result of or in connection with any incorrect implementation of the Access Controls that you select (including any resulting disclosure of your User Content that you did not intend to disclose).

Because we are not able to guarantee that the implementation of the Access Controls is error free, you should take particular care before deciding whether to upload any Registered User Content. In particular, you should be aware that, if your Registered User Content is downloaded by any other person (including other users of the Websites) (whether authorised or not), then neither Ryan Moody Fishing nor you may be able to control the further disclosure and publication of that User Content.

2.4 Accessing the Website  

When you access the Website we may use cookies to track, collect, and aggregate information about your use of the Website, including pages you have visited, the specific URLs that brought you to our Website, and links embedded on our Website that you have accessed.  This information may include IP addresses, and any information collected by cookies.  This may also include information such as the time and length of visits to certain pages on our website and page interaction information. For more information on our use of cookies, please refer to our Cookies section below.

Tracking of User Experience

Technologies such as: cookies, beacons, tags and scripts are used by Ryan Moody Fishing and our partners (marketing and development partners), affiliates, or analytics or service providers (online customer support provider, email marketing system). These technologies are used in analysing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

We use Google Analytics Advertising products: Remarketing with Google Analytics and Google Analytics Demographics and Interest Reporting. Google Analytics collects data about our site traffic via Google Advertising cookies and anonymous identifiers. Data collected via these Google products is not linked with any personally identifiable information you submit while on our Websites. If you wish to opt out of the Google Analytics data collection, you may do so on Google’s website at https://tools.google.com/dlpage/gaoptout/.

For more information about tracking of cookies, please see our Cookies section below.

3. How we use your information

3.1. In providing our online services and products to you, we and third parties we work with will collect, store, and use your personal information for the following purposes:

• • to ensure the proper functioning of the Websites;

• • to ensure the proper functioning of the Ryan Moody Fishing organisation;

• • to ensure the proper delivery of our online fishing courses; and

• • to assist Ryan Moody Fishing with our auditing, marketing, planning, billing, product development and research requirements.

• • to tailor your experience of the Websites and our communications to you; and

• • to send information about future events, regular email communications outlining news, services, events and fishing tips.
  • to manage your RMF account;
  • to provide technical support to you
  • to send you email notifications and updates about Courses you are enrolled on;
  • to contact you occasionally in order to invite you to share your opinions of and experiences with Ryan Moody Fishing, and to to publish customer reviews and ratings of our Courses on our Website or on other media channels;
  • for marketing purposes, where you provide us with your consent to receive marketing communications, which may include email and/or telephone communications with information, news, and offers of Courses on our Website and third party offers;
  • for creating prospective customer databases by matching demographic data from your depersonalised information with members of the general public;
  • to use your information in an aggregated format to identify trends on our website and trends in our customer database. We may use this information in an aggregated and anonymous format and may share this information with third parties;

3.2. We will not use or disclose (or permit the use or disclosure of) information that could be used to identify an individual member in any circumstances except:

• • to ensure the proper functioning of our business and the Website;

• • to communicate promotional offers and special events to you;

• • where the law requires us, or authorises us, or a company holding data on our behalf, to do so; or

• • where you have given express consent to us for a prescribed purpose.

3.3 If we collect information from you as part of any competitions or promotions, we use the information that we collect in profiling your fishing interests, displaying the results of competitions, promoting the service and encouraging other members of the Website.

We may also use the information that we collect from you:

• • to advertise our services and the Website. However, we will seek your consent before we use your photograph publicly for this purpose;
  • for our internal administrative, marketing and planning requirements;
  • to compile and report statistics, with all the relevant personal and/or proprietary information de-identified prior to the completion of such statistics; and
  • for purposes that are expressly permitted under any agreement with you.

3.4. We use cookies to collect information relating to your use of the Website to enable, maintain and improve the functioning of our Website and the quality of our products and services. For more information, please see the Cookies section below.

4. Whom we may share your information with

4.1. For the above purposes, we may share your information with the following third parties.  Please note that any third parties’ use of your personal data will be governed by their own privacy policies and give rise to separate obligations under applicable data protection laws.  We suggest that you carefully review any third party privacy policies that may apply to you.  

4.2.Third parties that may receive your information include:

4.2.1. our payment services providers (i) PayPal (AU) Limited, (ii) Stripe Inc;

4.2.3. customer relationship management service providers (which allows us, for example, to send personalised email communications to you);

4.2.4. our file storage and management service providers;

4.2.5. any Ryan Moody Fishing group company (in a pseudonymised format for analytical purposes only);

4.2.6. if we sell or buy any business or assets, in which case we may disclose your information to the prospective seller or buyer of such business or assets, provided that they continue to use your information in accordance with the terms of this Privacy Policy; 

4.2.7. if all, or substantially all of our assets, are acquired by a third party provided that they continue to use your information in accordance with the terms of this Privacy Policy, in which case information held by us will be one of the transferred assets; and

4.2.8. Any entity to which we are under a duty to disclose or share your information in order to comply with any legal obligation, or in order to enforce or apply our Terms and other legal requirements; or to protect our rights, property, or safety, our users, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

4.3. We will not sell, distribute, rent, licence, disclose, share or pass your personal information onto any third parties, other than those who are contracted to us to keep the information confidential whether subject to a statute or a scheme which imposes similar restrictions to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth), as amended, regarding the handling of personal information.

Should a third party approach us with a demand to access your personal information, we will take reasonable steps to redirect the third party to request the information directly from you, wherever it is lawful and reasonable for us to do so.

If we are compelled to disclose your personal information, to a third party we will take reasonable steps to notify you of this in advance, wherever it is lawful and reasonable for us to do so.

5. Legal Basis for Processing Your Information

We have several legal bases for collecting and using the personal information described above.  They are:

5.1. Where the use of your personal information is necessary to perform our obligations under any contract with you (including providing you with access to Online Courses on the Website for which you have registered and/or made a purchase);

5.2. Where we have your explicit consent to collect, store, and use your information for a particular purpose, including where you consent to receiving marketing and promotional communications for products on our Website or third party websites;

5.3. Where use of your personal information is necessary for purposes of pursuing Ryan Moody Fishing’s legitimate interests or the legitimate interests of a third party such as our Course providers, as long as these interests are not outweighed by your own interests, fundamental rights, or freedoms.  For example, we will need to ensure that in these cases you would reasonably expect your personal information to be used, and that it would have a minimal impact on your personal privacy.  Such legitimate interests are:

5.3.1. to conduct our day-to-day business, including the operation of a fully functioning website offering online educational products;

5.3.2. to build relationships;

5.3.3. to ensure we are delivering a high level of customer service through ongoing customer communications and responses to customer queries;

5.3.4. to invest, test and roll out new products which we believe will benefit our customers or prospective customers;

5.3.5. track and ensure completion of contractual obligations;

5.3.6. carry out market research and business development; 

5.3.7. to operate our website;

5.3.8. to consider your employment application, if you apply for a role at our company; and

5.3.9. In some cases, we may have a legal obligation to collect personal information from you. 

6. Storage and Security of Information

6.1. In our business, personal information may be stored both electronically and in hard-copy form. We are committed to keeping your personal information secure regardless of the format in which we hold it and we take all reasonable steps to protect your information from misuse, interference, loss, and unauthorised access, modification or disclosure. 

6.2. When you register, we will ask you to choose a password which enables you to access the Online Courses and Content. You are responsible for keeping this password confidential. We ask you not to share this password with anyone.

6.3. In addition, we (or third parties acting on our behalf) may also store or process information that we collect about you in countries outside the United Kingdom or outside the European Economic Area, which may have different standards of data protection than in the UK. Specifically, servers used by our Website are located in Australia and we work with Course providers and third party service providers around the world. We have put in place technical and organisational security measures to prevent the loss or unauthorised access of your personal information. However, whilst we have used our best efforts to ensure the security of your data, it is your responsibility to make an informed decision to avail yourself of our services and products or if your concerns about the handling of data require you to refrain from using our Website. 

6.4 Note that no information transmitted over the Internet can be guaranteed to be completely secure. However, we will endeavour to protect your personal information as best as possible but we cannot guarantee the security of any information that you transmit to us, or receive from us. The transmission and exchange of information is carried out at your own risk.

You are solely responsible for maintaining the security of your passwords and/or any account information.

6.5. If you use our Websites to link to another site we encourage you to view their terms and conditions of use, privacy policies and security statements before disclosing any of your personal information on those sites.

7. Data Retention

7.1. We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements).

7.2. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

8. Your Rights

8.1 Providing us with your personal information is absolutely optional, but may be necessary for us to provide you with our services. When you provide us with your personal information, you are consenting to our storage, use and disclosure of that information as outlined in this Privacy Policy.

We may from time to time run competitions or offer additional benefits to you and we may ask you to provide us with your personal details for these purposes. Providing us with this information is absolutely optional to you. However, if you do not provide your personal information to us we may not be able to contact you or give you access to the additional benefits.

8.2. You have the following data protection rights:

8.2.1. You can edit your personal details via your profile page whenever you wish.  We maintain a procedure in order to help you confirm that your personal information remains correct and up-to-date or choose whether or not you wish to receive material from us or some of our partners.

8.2.2. In addition, you can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information. Again, you can exercise these rights by contacting us using the contact details provided under the “Contacting Ryan Moody Fishing” heading below.

8.2.3. You may unsubscribe from certain email communications by following the Unsubscribe link in the email communication itself. You may also update your personal information by logging into the Website and visiting your Learner account page. You may also email us using the contact form on our website in order to access, correct, or update your personal information on our systems. We will answer every email as promptly as possible. Unless you are also enrolled with a University and are taking an Online Course for Accreditation, or you are taking an Online Course through your employer, you have the right to delete your account. To do so, you can go to your settings.

8.2.4. Similarly, if we have collected and process your personal information on the basis of your consent, then you can withdraw your consent at any time.  Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

8.2.5. If you have any privacy-related questions or unresolved problems, you may contact us using the information provided below.

8.2.6. You have the right to complain to a data protection authority about our collection and use of your personal information.  For more information, please contact your local data protection authority. (Contact details for data protection authorities in the United Kingdom, the European Economic Area, Switzerland and certain non-European countries including the US and Canada are available here.)

9. Children

We take seriously our legal obligation to protect the privacy of children. Accordingly, we do not knowingly collect or maintain personal information from persons under 13 years of age, and no part of the Website is directed to persons under 13 years of age. If you are under 13 years of age, then please do not use or access the Website at any time or in any manner. We will take appropriate steps to delete any personal information of persons less than 13 years of age.

10. Cookies

The Website uses cookies. A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts.

We use cookies for a number of purposes – to operate essential components of the Ryan Moody Fishing websites, to enhance your experience with using Ryan Moody Fishing, and to better understand how people use the Website. This may also include cookies from third party social media websites.

For the full list of our Cookies and their categories, please see our Cookies List.

You may choose to refuse cookies but, if you do so, some of the functionality of the Website or Online Courses may no longer be available to you. 

You may exercise your cookie preferences on the Ryan Moody Fishing website, and you may also wish to control cookies via your web browser settings. Most web browsers allow some control of most cookies. To find out more about cookies, including how to see what cookies have been set, visit www.aboutcookies.org or www.allaboutcookies.org

Find out how to manage cookies on popular browsers:

• Google Chrome
• Microsoft Edge
• Mozilla Firefox
• Microsoft Internet Explorer
• Opera
• Apple Safari

To find information relating to other browsers, visit the browser developer’s website.

To opt out of being tracked by Google Analytics across all websites, visit http://tools.google.com/dlpage/gaoptout

11. Contacting Ryan Moody Fishing

Please use the contact us form on our website if you have any questions relating to our Privacy Policy

Ryan Moody Fishing Limited

Data Protection Representative Limited

16 Beachfront Avenue

Trinity Beach

Cairns 4879

Australia

12. Updating this Privacy Policy

We are obligated to regularly review and update this policy. We, therefore, reserve the right to amend this Website Privacy Policy at any time. Should any significant amendments occur, notification will be provided by publication on the Website 14 days prior to the changes being implemented (the Notice Period) unless the circumstances of the amendments make it unreasonable to provide such a Notice Period. Your continued use after the Notice Period has lapsed indicates your consent to be bound by the amended Website Privacy Policy.

For further information about privacy in general, please refer to the Office of the Australian Information Commissioner’s website located at http://www.oaic.gov.au. 

Website Privacy Policy last updated on 16 April 2024