Terms and conditions

Effective Date: September 18, 2023

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY

These Terms and Conditions relate to the use of the Clearwater Sports & Entertainment Ltd. website (the "Site") and the mobile application (the "App") of Clearwater Sports & Entertainment Ltd. ("LiveFL"), including any content therein (collectively the Site and the App shall hereinafter be referred to as the "App"):

for iPhone, iPad and other devices using the iOS and similar operating system ("Apple Apps"); and/or
for devices using another operating system ("other Apps").

By downloading, installing, using, accessing, or otherwise using the App, you agree to be bound by these Terms and Conditions ("Terms") and our Privacy Policy. If you do not agree, you should not download, install, use, access, or otherwise use the App. if you have installed the App and do not agree to these Terms, you must uninstall the App immediately. These Terms form a legal agreement between you and LiveFL ("Agreement"). This Agreement contains provisions that limit the liability of LiveFL.

REPRESENTATIONS AND WARRANTIES

By using or accessing the App, you represent and warrant that you:

are at least eighteen (18) years of age and have the legal right and ability to enter into this Agreement and to use the App in accordance with this Agreement;
are not breaching any other Agreement, obligation or any provision of any law or regulation, or infringing on the intellectual property rights of any third party by purchasing any products or services available on the App;
have obtained all necessary approvals, consents and authorizations from any third party to submit information, including personal information and to delete or modify information;
accept full responsibility for all assessments, charges, duties, fees and taxes and any other financial liability resulting from your use of the App under your name or account, as well as all use of others using your name or account on the App;
agree to supervise all persons who have not reached the age of majority in your jurisdiction who use, or access the App under or using your name or account; and,
have submitted or will submit, or others that are using or accessing the App under or using your name or account, have submitted or will submit, information, content or material that is true and accurate.

LICENSE, INSTALLATION AND USE RIGHTS

It is your responsibility to ensure your device meets all the necessary technical specifications to enable you to access and use the App. You are granted a personal, non-exclusive and non-transferable license to install and use the App on mobile devices you personally own or control pursuant to this Agreement. Apple Apps are only licensed for use on a device owned or controlled by you and using the Apple iOS Operating System, so you must make sure that you use an appropriate device to access and use any Apple App. Other Apps may only be used on a device owned or controlled by you running the Operating System for which the Other App concerned was designed. You may not install or use the App on a device you do not own or control. The App is provided for lawful purposes only and is protected by intellectual property laws and treaties. Modification or use of the App for any other purpose violates LiveFL’s intellectual property rights. The App is licensed, not sold. Any and all rights in the App are and shall remain the exclusive property of LiveFL and/or its licensors. Nothing in this Agreement intends to transfer any such rights to, or to vest any such rights in, you. You are only entitled to the limited use of the App granted to you in this Agreement.
You will not take any action to jeopardize, limit or interfere with LiveFL and/or its licensor’s rights. Any costs associated with downloading, installing, accessing, and using the App remains your responsibility and are dependent on your mobile device service provider. You must not use the App while sitting in the driver’s seat of a vehicle (or other form of transport) that is moving or otherwise stationary but not in "park". You must comply with all applicable rules and regulations before and while using the App. In the interest of safety at all times, you should only use the App when it is lawful and safe to do so.
You are responsible for maintaining the strict confidentiality of your account details and you are responsible for any activity under your account. You agree to immediately notify LiveFL of any unauthorized use of your account or password or any other breach of security. You agree and are responsible to provide accurate information when providing your account details and to ensure account details are updated. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and to notify LiveFL when you desire to cancel your Account or unsubscribe from any electronic communications. LiveFL will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

RESTRICTIONS ON USE

You may not use or access the App for any purpose that is unlawful or that is prohibited by this Agreement. You may only use or access the App to determine the availability of and to purchase goods and services or use services available within the App. Use of the App for any other purpose, including any commercial use or purpose, is expressly prohibited.
We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.
Without limiting the generality of the foregoing, you agree that, in using or accessing the App, you shall not, or allow anyone of your behalf or any third parties to commit or participate in any of the following acts or actions, each of which is expressly prohibited under this Agreement:
- directly or indirectly, use or access, or encourage, solicit, permit, facilitate, aid, assist or abet, including, but not limited to, the selling, licensing, distribution or provision to any person of any means that permit, the use or access, or agree to provide the use or access, of our App through manual process or any automatic, electronic or technical device, including but not limited to automated scripts, robots, crawls, screen scrapers, web "bots", deep-links, indexes, spiders, click-spams, macro programs, or any other device, program, software, system, algorithm, methodology or technology, now known or hereinafter discovered, that performs the same or a similar function, in order to, without limitation, data mine, screen scrape, data process, access, extract, copy, distribute, aggregate or acquire information, generate impressions or clicks, input or store information, search or generate searches or manipulate or monitor any portion or content of our App;
- unless expressly provided for within this Agreement, create derivative works from or otherwise copy, license, display, publish, perform, recreate, reproduce, sell, transfer, transmit or otherwise distribute, modify, edit, add to, mirror, frame, re-render, truncate, inject, filter or change the order of any information, products, services, and software contained or offered on, or obtainable by, through or from the App or attempt to derive the source code of the App. Without limiting the generality of the foregoing, you shall not cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisements, or anything else that minimizes, covers, or otherwise inhibits the full display of the App;
- use or access the App in such manner, or otherwise take any action, that taxes our infrastructure to an unreasonable and disproportionate extent, or reduces the speed of the App, that otherwise interferes with the normal functioning of the App or otherwise abuses or overuses the App;
- circumvent, or attempt to circumvent, any measures or precautions taken by us to prevent the use or access of the App, or any other action, in violation of this Agreement;
- access or use the App to make any speculative, fraudulent, or false reservation, or any reservation in anticipation of demand. We reserve the right to cancel any and all such prohibited reservations without notice and without liability;
- remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon, in connection with or contained in the App;
- use the App to develop any App or technology having the same primary function as the App including, but not limited to, using the App in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the App; or
- engage in any other conduct or activity that either conflicts with above terms and conditions or that we deem, in our sole, absolute and unfettered discretion, to be in conflict with these Terms.

RESTRICTION OF LIABILITY

LiveFL and its affiliates will not be liable for any damages or injury caused by the use of, or the inability to use, the App, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. LiveFL and its affiliates will not be liable for any damages or injury, including but not limited to, indirect, special, incidental, exemplary or consequential damages that result from the use of, or the inability to use, the App, even if there is negligence on LiveFL and its affiliates or whether an authorized LiveFL representative has been advised of the possibility of such damages, or both. The above limitations or exclusions may not apply to you to the extent that applicable law does allow the limitation(s) or exclusion(s) of liability. LiveFL’s total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will be the lesser of (i) the amount you paid to use the App, or (ii) if the App was free, an all-inclusive sum of $100.00 CAD. LiveFL’s legal rights to recover damages or other compensation under these Terms are reserved.

COLLECTION, USE AND DISCLOSURE OF YOUR INFORMATION

COLLECTION

You agree that LiveFL may collect and use technical data about your device, system and App software, and peripherals that are gathered periodically to facilitate the provision of software updates and support related to the App.
For LiveFL to better meet your preferences, by using the App, you agree and provide your consent that LiveFL and LiveFL’s third-party partners may collect, use, and transmit information you provide in using the App, and other personally identifiable information gathered from your use of the App or specifically provided by you in your use of the App through the registration of a LiveFL account or otherwise ("Personal Information"), to facilitate the improvement and provision of products, offers, promotions, other services or technologies, and advertising content.
You agree and consent to LiveFL and LiveFL’s third-party partners using your Personal Information to provide you with personalized products, offers, promotions, other services or technologies, and advertising content. Your Personal Information will be used solely in accordance with LiveFL’s Privacy Policy.
With your consent, we may collect location information through your use of the App including location information collected through your mobile phone or device’s geolocation, GPS, Bluetooth, or similar capabilities ("Location Information"). The purpose of collecting Location Information is to effectively utilize App features. We will only collect Location Information if you opt-in to receiving certain functionality of the App (either during your initial App download, login or later) and by enabling these capabilities on your mobile device. Once opted-in, the App will continue to collect Location Information until you close the App (it will gather Location Information if it is running in the background) or you use your phone’s or other device’s setting to disable your mobile device’s geolocation, GPS, Bluetooth, or similar capabilities, or you use your phone’s or other device’s setting to prevent the App from collecting Location Information. LiveFL considers Location Information to be Personal Information.
When using the App, information about how you are interacting and using the App may be collected automatically ("App Use Information"). To the extent that App Use Information identifies you as an individual, LiveFL will consider it to be Personal Information.
How you use our App is important to us. We may therefore aggregate and compile Personal Information with information about other purchases you make from LiveFL and any other Personal Information you have consented to provide to us ("Aggregated Personal Information").

USE

Personal Information, Location Information, App Use Information and Aggregated Personal Information (collectively referred to as "Authorized Information") is used for such purposes as enhancing our App’s functionality or features, responding to your requests and communications, conducting consumer research into consumer behaviours and/or interests, improving our services or products, providing you with information about special offers and promotions about our services.

DISCLOSURE

LiveFL may share Authorized Information with our affiliates, agents, business partners, franchisees and other third parties in the following ways:
LiveFL may disclose Authorized Information to perform certain business-related services and LiveFL will only provide the Authorized Information necessary for the business-related services to be completed.
LiveFL may disclose Authorized Information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend our rights or property, (iii) act in urgent circumstances to protect the personal safety of users of the App or the public, or (iv) protect against legal liability.

STORING AND TRANSFERRING INFORMATION

LiveFL may store any information that we collect (Authorized or otherwise) in databases owned and maintained by us, our affiliates, suppliers, franchisees, agents or service providers. Such databases may be stored in Canada or in any other international location. By using our App, you consent to the storage and transfer of your Authorized Information and any other information in the manner outlined above.

Limiting the Collection of Information

You can also restrict the Personal Information we collect by doing such things as logging out of or uninstalling the App or turning off or preventing the App from using your mobile device’s geolocation, Bluetooth, or similar capabilities. However, taking these actions may prevent you from using certain features or aspects of the App.

LINKS TO OTHER WEBSITE

The App may contain references, links or interactions with other websites not operated or controlled by us ("Third Party Sites"). The policies and procedures we describe here do not apply to Third Party Sites, and these Third Party Sites may independently collect information about you. LiveFL assumes no responsibility or liability for the privacy and information collection policies of these third parties and we suggest contacting the providers of those Third Party Sites directly for information on their privacy policies.

PRIVACY CONTACT

Any questions or concerns regarding your privacy should be directed to: Privacy@livefishingleague.com

PAYMENTS PROCESSING

LiveFL may make available various payment processing methods to facilitate purchasing. You must abide by any relevant Terms and conditions or other legal Agreement, whether with LiveFL or a third party, that governs your use of a given payment processing method. LiveFL may add or remove payment processing methods at its sole discretion and without notice to you. You agree to pay for any Products that you order and that LiveFL may charge your credit card or other form of payment that you indicate for any Products ordered, along with any additional amounts (including any taxes). You agree that you are solely responsible for all fees associated with purchases you make on LiveFL.

PRICING

For sales as both principal or agent, LiveFL displays the pricing for Products on the App. Pricing and availability of all Products are subject to change at any time.

TAXES

You are responsible for any Taxes, and must pay LiveFL for Products without any reduction for Taxes. If LiveFL is obligated to collect, or pay Taxes, the Taxes will be invoiced to you, unless you provide LiveFL with a valid tax exemption certificate authorized by the appropriate taxing authority. If you are required by law to withhold any Taxes from your payments to LiveFL, you must provide LiveFL with an official tax receipt or other appropriate documentation to support such payments. "Taxes" means any duties, customs fees, or taxes (other than LiveFL’s income tax) associated with the sale of Products, including any related penalties or interest.

INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

You understand and agree that the App and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by LiveFL, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
The LiveFL, Live Fishing League, LiveFL, CSE Live Fishing League, LiveFL and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You may only use the App for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the App, in any form or medium whatsoever except:
- your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
- a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever;
- one single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by our end user licence agreement for such downloads;
Users are not permitted to modify copies of any materials from the App nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the App. You must not access or use for any commercial purposes any part of the App or any services or materials available through the App.
If you print off, copy, or download any part of the App in breach of these Terms and Conditions, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the App or to any content on the App, and all rights not expressly granted are reserved by the Company. Any use of the App not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

EMAIL COMMUNICATIONS

If you register for a LiveFL account using the App, you will have an opportunity to opt-in to receive email communications from LiveFL that will provide you with special offers and/or promotions ("Email Communications"). In the event that you wish to opt-out from receiving Email Communications from LiveFL, you can either:
Press the "unsubscribe" link located in any LiveFL Email Communication and follow prompts; or
Contact LiveFL through the Site or by Mail:
Clearwater Sports & Entertainment Ltd.
PO Box 24046
Saskatoon RPO Midtown, SK
S7K 8B4
Opting-out of Email Communications will not affect your settings with respect to Push Notifications within the App.

PUSH NOTIFICATIONS

Upon download of the App, if you register and are signed-in to your account, you will be provided the option to opt-in to receive push notifications from LiveFL on your device and within the App and to your provided Location Information. This may include promotional communications, offers and system messages pushed to the device or within the App mailbox ("Push Notifications"). You may, at any time following the download of this App, prevent the App from collecting Location Information or you can opt-out of receiving Push Notifications by adjusting the LiveFL Notifications switch within your device’s settings. Preventing the App from collecting Location Information or opting-out of Push Notifications will not affect your settings with respect to Email Communications within the App.

JURISDICTION AND GOVERNING LAW

Unless described otherwise, the App is made available only to provide information about LiveFL. LiveFL controls and operates this App and makes no representation that these materials are appropriate or available for use in other locations. If you use this App from other locations, you are responsible for compliance with applicable local laws. Some software from this App may be subject to export controls imposed by Canada and/or the United States of America and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any country to which Canada or the United States of America has placed an embargo. If you download or use the App, you represent and warrant that you are not located in, or under the control of, or a national or any such country or on any such list.
The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. The Terms and use of the App are governed by the laws of the Province of Saskatchewan and the laws of Canada, and in respect of any conflict arising out of these Terms, the parties hereby irrevocably attorn to the jurisdiction of the courts of the Province of Saskatchewan located in Saskatoon, Saskatchewan.

INDEMNIFICATION

As a condition of your use of the App, you agree to indemnify, defend and hold us and any of our affiliates, related entities, and their respective directors, officers, employees and agents harmless from and against any and all liabilities, losses, damages, claims, suits, actions, proceedings, judgments, penalties, taxes, fines, costs and expenses (including reasonable legal fees) arising out of, or resulting from or otherwise connected to or in relation to your use of the App or your breach of this Agreement.

DISCLAIMER

The App may include technical inaccuracies or typographical errors. LiveFL may make changes or improvements at any time. The App and any materials therein are provided "as is", on an "as available basis", and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law. LiveFL disclaims all warranties of merchantability, non-infringement and fitness for a particular purpose. LiveFL does not warrant that the functions contained in the App will be uninterrupted or error-free, that defects will be corrected, or that the App, or the server that makes it available are free of viruses or other harmful components. LiveFL does not warrant or make any representations regarding the use of, or the result of the use of the App in terms of their correctness, accuracy, reliability, or otherwise. LiveFL disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the App. You (and not LiveFL) assume the entire cost of all necessary servicing, repair, or correction. The above exclusion may not apply to you, to the extent that applicable law may not allow the exclusion of implied warranties. You assume total responsibility for your use of the App and any linked sites. Your sole remedy against LiveFL for dissatisfaction with the App or any content is to stop using the App or any such content. This limitation of relief is a part of the bargain between the parties.

EXTERNAL LINKS

The App may contain downloadable materials as well as links to Third Party Sites. LiveFL is not responsible for, and has no control over, the content of such downloadable materials or external Sites. You understand and agree that LiveFL cannot, and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through this App, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.

APPLE APPS ONLY

These Terms incorporate and supplement the Apple, Inc. ("Apple") Terms and Conditions (available at http://www.apple.com/legal/itunes/us/Terms.html#service) including without limitation the Licensed App End User Terms therein ("Apple Terms"). If the App that you access and use is an Apple App:
- The Apple App may only be accessed and used on a device owned or controlled by you, and using the Apple iOS Operating System;
- You acknowledge and agree that:
  - Apple has no obligation at all to provide any support or maintenance services in relation to the Apple App. If you have any maintenance or support questions in relation to the Apple Apps, please contact LiveFL, not Apple, using the above Support Services details;
  - although these Terms are entered into between LiveFL and you (and not Apple), Apple, as a third-party beneficiary under these Terms, will have the right to enforce these Terms against you with respect to the Apple Terms;
  - except as otherwise expressly set out in these Terms, any claims relating to the possession or use of the Apple App are between you and LiveFL (and not between you, or anyone else, and Apple); and
  - in the event of any claim by a third party that your possession or use (in accordance with these Terms) of the Apple App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim;
  - You represent and warrant that:
    - you are not, and will not be, located in any country that is the subject of a United States of America government embargo or that has been designated by the United States of America government as a "terrorist supporting" country; and
    - you are not listed on any United States of America government list of prohibited or restricted parties.

If the Apple App that you have purchased does not conform to any warranty applying to it, you may notify Apple, which may refund the purchase price of the Apple App to you subject to then-current Apple Terms and Conditions. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the Apple App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Apple App or as a result of you or anyone else using the Apple App or relying on any of its content.

TERMINATION

LiveFL may terminate, at its sole discretion, these Terms at any time for any reason without notice to you by decommissioning the App. You may terminate these Terms at any time for any reason without notice to LiveFL by uninstalling the App from your device.

MODIFICATIONS

LiveFL may revise these Terms at any time and at its sole discretion by changing these Terms within the App from time to time. It is your responsibility to check these Terms periodically for changes. By continuing to access or use of the App following such changes to the Terms will constitute acceptance of such changes.
Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the App.
The information and material on this App may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the App is restricted to users or unavailable at any time or for any period.

SEVERABILITY

You and LiveFL agree that if any portion of this Agreement or of the LiveFL Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.

ASSIGNMENT

LiveFL may assign or delegate this Agreement and/or the LiveFL Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without LiveFL’s prior written consent, and any unauthorized assignment and delegation by you is ineffective

SUPPLEMENTAL POLICIES

LiveFL may publish additional policies related to specific services such as terms and conditions for participation, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and this Agreement.

ENTIRE AGREEMENT

These Terms, any Supplemental Policies and any documents expressly incorporated by reference herein (including the LiveFL Privacy Policy), contain the entire understanding of you and LiveFL, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

NO WAIVER

The failure of LiveFL to require or enforce strict performance by you of any provision of this Agreement or the LiveFL Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of LiveFL’s right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by LiveFL of any provision, condition, or requirement of this Agreement or the LiveFL Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in this this Agreement, no representations, statements, consents, waivers, or other acts or omissions by LiveFL shall be deemed a modification of this Agreement nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of LiveFL.

NOTICES

We may notify you via postings on Livefishingleague.com, and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under this Agreement or the LiveFL Privacy Policy shall be in writing and emailed/addressed to: Privacy@livefishingleague.com. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

EQUITABLE REMEDIES

You acknowledge that the rights granted and obligations made under this Agreement to LiveFL are of a unique and irreplaceable nature, the loss of which shall irreparably harm LiveFL and which cannot be replaced by monetary damages alone so that LiveFL shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the App, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the App or any content or other material used or displayed through the App and agree to limit your claims to claims for monetary damages.

FORCE MAJEURE

LiveFL shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of LiveFL, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond LiveFL’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

SUPPORT SERVICES

If you have any questions or comments regarding the App, please contact LiveFL at Privacy@livefishingleague.com

Welcome to Clearwater Sports & Entertainment Ltd. Your privacy is important to us.

Clearwater Sports & Entertainment Ltd. and its affiliates ("Live Fishing League" , “CSE Live Fishing League”, “LiveFL”, "us", "our" or "we") are dedicated to protecting the privacy rights of our users ("users" or "you"). This Privacy Policy (the "Policy") describes the ways we collect, store, use, and manage the information, including personal information, that you provide or we collect in connection through our mobile application, our websites, including Livefishingleague.com (the "Sites") or any LiveFL service provided on a mobile platform (for example, iOS and Android) (collectively, the "Service"). Please note that the scope of this Policy is limited to information collected or received by LiveFL through your use of the Service. LiveFL is not responsible for the actions of third-party people or companies, the content of their sites, the use of information you provide to them, or any products or services they may offer. Any link to those sites does not constitute our sponsorship of, or affiliation with, those people or companies.

By using the Service, you are expressing your agreement to this Policy and the processing of your data, including your personal information, in the manner provided in this Policy. If you do not agree to these terms, please do not use the Service.

Information Collection and Use

LiveFL collects information as described below. LiveFL’s primary goals in collecting and using information are to create your account, provide Services to you, improve our Service, contact you, conduct research and create reports for internal use. We store information on servers located in North America (United States of America and Canada) via Google LLC, a US company operating under US laws which may store information on servers and equipment in other countries.
We may also acquire information from you through (1) your access and participation in message boards on the Service, (2) your participation in surveys regarding the Service or (3) your participation in sweepstakes or contests through the Service.
We may provide you the opportunity to participate in sweepstakes or contests through our Service. If you participate, we will request certain personal information from you. Participation in these sweepstakes and contests are voluntary and you therefore have a choice whether to disclose this information. The requested information typically includes contact information (such as name and address), and demographic information (such as postal code).
We use this information to notify winners and award prizes, to monitor traffic or personalize the Service. We may use a third party service provider to conduct these sweepstakes or contests; that company is prohibited from using your personal information for any other purpose.
To use the community forum, you must register and provide a username, password and email address.
We collect and process personal data about users in the EU only when we have a legal basis for doing so under Article 6 of the GDPR. We rely on the following legal bases to collect and process the personal data of users in the EU:
1. Users have provided their consent to the processing of their data for one or more specific purposes; and
2. Processing of user personal data is necessary for us to take, at the request of a user, steps before entering a contract or for the performance of a contract to which a user is a party.
You can choose whether to allow the Sites to collect and use real-time information about your device's location through the device's privacy settings. If you block the use of location information, and do not provide the personal data necessary to perform the contract the consequences are as follows:
The individuals cannot participate in contests or have access to the service.

How Data is Collected

Data Collected Automatically: When you visit and use our Site, we may automatically collect and store the following information:
1. IP address;
2. Location;
3. Hardware and software details;
4. Clicked links; and
5. Content viewed.
Data Collected in a Non-Automatic Way: We may also collect the following data when you perform certain functions on our Site:
1. First and last name;
2. Age;
3. Date of birth;
4. Sex;
5. Email address;
6. Phone number;
7. Address; and
8. Payment information.
Data will also be collected when you create an account.

LiveFL's SITES

While you are browsing LiveFL’s Sites, your computer's operating system, Internet Protocol (IP) address, access times, browser type, browser configuration and language and referring Web site addresses may be logged automatically. We may use this information to monitor, develop and analyze your use of the Service. In addition, we may ask you to submit and we may process data that is personal to you, including but not limited to your name, profile photo, gender, age or birthday, links to your profiles on social networking websites and other third-party sites, user names and e-mail and mail addresses. We may use this information to create a user profile and provide you services. We may use your email address to contact you about your experience with LiveFL Sites and notify you about company news and promotions. Your gender and birthday may be used to analyze user trends and target certain promotions. Your mail address may be used if we have merchandise or other physical promotional materials that we want to send to you.
If you have opted in to receive certain emails from us but no longer wish for us to use your email address/contact information to promote our own or third parties' products or services, you can opt-out by emailing us at Privacy@livefishingleague.com. If we have sent you a promotional email, you may unsubscribe by clicking the unsubscribe link we have included in the email. This opt-out does not apply to information provided to the Company as part of a product purchase, warranty registration, product service experience, or other transactions. You can also always opt-out by logging into the Sites and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to Privacy@livefishingleague.com.

FORUMS/PRIVATE MESSAGES

Our Web site offers publicly accessible blogs, private messages, or community forums. 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 or community forum, contact us at Privacy@livefishingleague.com. 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.
If you choose to use Facebook authentication to use our blog or community forums, the information you provide is tied to your Facebook account. You will need to contact Facebook directly to request removal of personal information from our blog or community forum.

SOCIAL MEDIA (FEATURES) AND WIDGETS

Our Web site includes Social Media Features, such as the Facebook Like button and Widgets, such as the Share this button or interactive mini-programs that run on our site. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the third party company providing it.

IOS AND ANDROID PLATFORMS

When you use any of LiveFL applications on a mobile platform, we may collect and record certain information such as your unique device ID (persistent / non-persistent), hardware type, media access control ("MAC") address, international mobile equipment identity ("IMEI"), the version of your operating system ("OS"), your device name, your email address (if you have connected to Facebook or Google+), and your location (based on your Internet Protocol ("IP") address). This information is useful to us for troubleshooting and helps us understand usage trends. We also use this information to authenticate the identity of the winner.
We may collect your location-based information for the purpose of providing you with the correct version of the LiveFL App. We will not share this information with any third party without your permission. If you no longer wish to allow us to track or use this information, you may turn it off at the device level. Please note, the LiveFL App may not work properly if we are unable to tell where you are coming from (Country specific).
In addition, we create a unique user ID to track your use of our Service. This unique user ID is stored in connection with your profile information.

INVITE A FRIEND

LiveFL may offer you the opportunity to invite your contacts from a Social Media Service (such as your Facebook friends) so that those contacts can be located in LiveFL and/or you can invite them to join you in using LiveFL. Such contact information will be used only for the purpose of sending communications to the addressee. You or the third party may contact us at Privacy@livefishingleague.com to request the removal of this information from our database to the extent LiveFL stores any of this information.

CUSTOMER SERVICE

We may collect your email address when you contact our customer service group and we may use that email address to contact you about your experience with LiveFL and notify you about company news and promotions. If you no longer wish to receive certain email notifications, you may opt-out at any time by following the unsubscribe link located at the bottom of each communication or by emailing us at Privacy@livefishingleague.com.

PUSH NOTIFICATIONS

We may occasionally send you push notifications through our LiveFL App to send you updates and other service related notifications that may be of importance to you. You may at any time opt-out from receiving these types of communications by turning them off at the device level through your settings.

TRACKING TECHNOLOGIES

We and our marketing and outsourcing partners, affiliates, or analytics service providers use technologies such as cookies, beacons, scripts, and tags to identify a user's computer/device and to "remember" things about your visit, such as your preferences or a user name and password. Information contained in a cookie may be linked to your personal information, such as your user ID, for purposes such as improving the quality of our Services, tailoring recommendations to your interests, and making the Service easier to use. You can disable cookies at any time, although you may not be able to access or use features of the Service.
We may feature advertisements served by third parties that deliver cookies to your computer/device so the content you access and advertisements you see can be tracked. Since the third-party advertising companies associate your computer/device with a number, they will be able to recognize your computer/device each time they send you an advertisement. These advertisers may use information about your visits to our Service and third-party sites and applications to measure advertisement performance and to provide advertisements about goods and services of interest to you. This Policy does not apply to, and we are not responsible for the data collection practices of these third-party advertisers, and we encourage you to check their privacy policies to learn more about their use of cookies and other technology.
You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. You can choose whether to allow or refuse the Sites to collect information through other tracking technologies by emailing us at Privacy@livefishingleague.com. If you disable or refuse cookies or block the use of other tracking technologies some parts of the Sites may not be accessible or may not function properly. You can also always adjust your user advertising preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email at Privacy@livefishingleague.com.

MOBILE ANALYTICS

We use mobile analytics software to allow us to better understand the functionality of our Mobile Software on your device. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personal information you submit within the LiveFL App.

CONSENT

By using our Site users agree that they consent to the conditions set out in this Privacy Policy.
When the legal basis for us processing your personal data is that you have provided your consent to that processing, you may withdraw your consent at any time. If you withdraw your consent, it will not make processing which we completed before you withdrew your consent unlawful.
You can withdraw your consent by sending us an email at Privacy@livefishingleague.com.

THIRD PARTY SERVICES

Our services may contain third party tracking tools from our service providers, examples of which include Google Analytics. Such third parties may use cookies, APIs, and SDKs in our services to enable them to collect and analyze user information on our behalf. The third parties may have access to information such as your device identifier, MAC address, IMEI, locale (specific location where a given language is spoken), geo-location information, and IP address for the purpose of providing their services under their respective privacy policies. Our privacy policy does not cover the use of tracking tools from third parties. We do not have access or control over these third parties.
We do not control third parties' collection or use of your information to serve behavioural advertising. These third parties may provide you with additional choices about how they use your information or ways to choose not to have your information collected or used in this way. You can opt out of several third-party ad servers' and networks' cookies simultaneously by using an opt-out tool created by the Digital Advertising Alliance of Canada or an opt-out tool created by the Network Advertising Initiative. You can also access these websites to learn more about online behavioural advertising and how to stop websites from placing cookies on your device. Opting out of a network does not mean you will no longer receive advertising. It does mean that the network from which you opted out will no longer deliver ads tailored to your web preferences and usage patterns.

HOW WE USE INFORMATION

We use information collected through our Service for purposes described in this Policy or disclosed to you in connection with our Service. For example, we may use your information to:
- create accounts and allow users to use the mobile application;
- identify and suggest connections with other LiveFL users;
- operate and improve our Service;
- understand you and your preferences to enhance your experience and enjoyment using our Service;
- respond to your comments and questions and provide customer service;
- provide and deliver products and services you request;
- send you related information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
- communicate with you about promotions, rewards, upcoming events, and other news about products and services offered by LiveFL and our selected partners;
- enable you to communicate with other users; and
- link or combine it with other information we get from third parties, to help understand your preferences and provide you with better services.

DISCLOSURE OF YOUR INFORMATION

LiveFL does not share your personal information except as approved by you or as described below:
- With your consent, for example, when you agree to our sharing your information with other third parties for their own marketing purposes subject to their separate privacy policies. If you no longer wish to allow us to share your information with third parties, please contact us at Privacy@livefishingleague.com. If you no longer wish to receive such communications from third parties, please contact that third party directly.
- LiveFL may engage other companies and individuals to perform services on our behalf. Example of these services include analyzing data and providing customer support. These agents and service providers may have access to your personal information in connection with the performance of services for LiveFL.
- We may release your information as permitted by law, such as to comply with a subpoena, or when we believe that release is appropriate to comply with the law; investigate fraud, respond to a government request, enforce or apply our rights; or protect the rights, property, or safety of us or our users, or others. This includes exchanging information with other companies and organizations for fraud protection.
- LiveFL may share your information in connection with any merger, sale of our assets, or a financing or acquisition of all or a portion of our business to another company. You will be notified via email and/or notice on our site of any change in ownership or users of your personal information.
- We may share aggregate or anonymous information about you with advertisers, publishers, business partners, sponsors, and other third parties.

CHANGES TO THE POLICY

We may update this privacy policy to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

SECURITY

LiveFL takes reasonable measures to protect your information from unauthorized access or against loss, misuse or alteration by third parties.
Although we make good faith efforts to store the information collected on the Service in a secure operating environment that is not available to the public, we cannot guarantee the absolute security of that information during its transmission or its storage on our systems. Further, while we attempt to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining access to this information. We do not warrant or represent that your information will be protected against, loss, misuse, or alteration by third parties. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.

ACCESS TO PERSONAL INFORMATION

If your personal information changes, or if you no longer desire our service, you may correct, update, or delete inaccuracies by making the change within your account settings or by contacting us at Privacy@livefishingleague.com. We will aim to respond to your access request within thirty (30) days.

DATA RETENTION

We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, contact us at Privacy@livefishingleague.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

OUR POLICY REGARDING CHILDREN

The minimum age to use the Service is 18 years of age. LiveFL is not intended for children under 18 years of age. We do not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to use our Service. If you are under 18, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under the age of 18 may provide any personal information. If we learn that we have collected personal information from a child under age 18, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under the age of 18, please contact us at Privacy@livefishingleague.com.

OPTION OUT OF MARKETING

You may opt-out of receiving promotional emails from us by following the instructions in those emails or by emailing us at Privacy@livefishingleague.com. If you opt-out, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations.
You may also opt-out of receiving SMS notifications from us, either via SMS or by emailing us at Privacy@livefishingleague.com.
In addition to the method(s) described in the How to Access, Modify, Delete, or Challenge the Data Collected in section 24 of this policy, we provide the following specific opt-out methods for the forms of collection, use, or disclosure of your personal data specified below:
1. You can opt-out of the use of your personal data for marketing emails. You can opt-out by clicking "unsubscribe" on the bottom of any marketing email or updating your email preferences under "Your Account"

DO NOT TRACK NOTICE

Do Not Track ("DNT") is a privacy preference that you can set in certain web browsers. We respond to browser-initiated DNT signals. If we receive a DNT signal that indicates a user does not wish to be tracked, we will not track that user. Using DNT may impact the features of the Service or the quality of the user experience.

COOKIES

A cookie is a small file, stored on a user's device by a website. Its purpose is to collect data relating to the user's browsing habits. You can choose to be notified each time a cookie is transmitted. You can also choose to disable cookies entirely in your internet browser, but this may decrease the quality of your user experience.
We use the following types of cookies on our Site:
Functional cookies
- Functional cookies are used to remember the selections you make on our Site so that your selections are saved for your next visits;
Analytical cookies
- Analytical cookies allow us to improve the design and functionality of our Site by collecting data on how you access our Site, for example data on the content you access, how long you stay on our Site, etc;
Targeting cookies
- Targeting cookies collect data on how you use the Site and your preferences. This allows us to personalize the information you see on our Site for you; and
Third-Party Cookies
- Third-party cookies are created by a website other than ours. We may use third-party cookies to achieve the following purposes: Monitor user preferences to tailor advertisements around their interests.

INTERNATIONAL TRANSFER

We may transfer information that we collect about you to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. Please note that these countries and jurisdictions may not have the same data protection laws as your own jurisdiction, and we take steps to ensure adequate safeguards are in place to enable transfer of information to the U.S. and elsewhere and the use and disclosure of information about you, including personal information, as described in this Policy.
For users in the European Union, we adhere to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (the "GDPR"). For users in the United Kingdom, we adhere to the GDPR as enshrined in the Data Protection Act 2018.
Your Rights as a User under the GDPR, is as follows:
- Right to be informed;
- Right of access;
- Right to rectification;
- Right to erasure;
- Right to restrict processing;
- Right to data portability; and
- Right to object.

HOW TO ACCESS, MODIFY, DELETE, OR CHALLENGE THE DATA COLLECTED

If you would like to know if we have collected your personal data, how we have used your personal data, if we have disclosed your personal data and to who we disclosed your personal data, if you would like your data to be deleted or modified in any way, or if you would like to exercise any of your other rights under the GDPR, please contact LiveFL here:
Clearwater Sports & Entertainment Ltd.
PO Box 24046
Saskatoon RPO Midtown, SK
S7K 8B4
Privacy@livefishingleague.com

MODIFICATIONS

This Privacy Policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process. When we amend this Privacy Policy, we will update the "Effective Date" at the top of this Privacy Policy. We recommend that our users periodically review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify users by email of changes to this Privacy Policy.

COMPLAINTS

If you have any complaints about how we process your personal data, please contact us through the contact methods listed in the Contact Information section so that we can, where possible, resolve the issue. If you feel we have not addressed your concern in a satisfactory manner you may contact a supervisory authority. You also have the right to directly make a complaint to a supervisory authority.
You can lodge a complaint with a supervisory authority by contacting the any government regulatory body in charge of data protection in the specific country.

CONTACT INFORMATION

Clearwater Sports & Entertainment Ltd.
PO Box 24046
Saskatoon RPO Midtown, SK
S7K 8B4
Privacy@livefishingleague.com