Ryba Privacy Policy

The intent of the Services is to augment the wellbeing of fishermen – the motive being the safety and protection of the fisherman while at sea. The Services are essentially information based using web- enabled software platforms for the generation of the Services. Governmental agencies are key stakeholders engaged in a two-way exchange in their role of protecting the interests of fishermen at sea.

For the purpose of providing the Services, the Operator is required to collect, store, process, use and release information. This Privacy Statement is made and disclosed so that User is aware of methods of data collection and processing prior to consenting to the use of the Ryba Application. User can access, download and read the Privacy Statement at any time.

Privacy Statement sets out how Data and Information is collected, processed, used and retained as well as the rights of the Users with regard to Personally Identifiable Information of a User.

The Privacy Statement is legally binding document.

• The undertakings contained in this Privacy Statement is the part of the Terms and Conditions that a User must agree to and is binding upon the Operator and User.
• The Privacy Statement forms premise on which personal data is collected and used by the Operator as well released as part of the Services.
• When the User accepts and agrees to the User Terms and Conditions, the User is also accepting and agreeing to this Privacy Statement. User is not permitted to modify, amend or revise any part of the Privacy Statement. In the event that the User does not accept and disagrees with the Privacy Statement or part thereof User must refrain from availing of the Services on the RYBA application.
• User’s assent and acceptance of Privacy Statement will be in force so long as the User has access to RYBA Application either by User Account and or [dashboard provision of Services] , whether or not Services availed off by the User. A deletion of User Account does not terminate any undertaking which is stated to survive termination of the Terms and conditions.
• Scope of the Privacy Policy
1. This Privacy Policy relates to all categories of information, either collected and assimilated or developed by the Operator in the operation of the RYBA Application. Information is collected from a number of sources and used for the purpose of developing and providing information based services to the maritime fisheries industry in Sri Lanka.
2. The term “information” includes personally identifiable data (such as ….. and ….).
• Collection of Information

The Operator collects Information relating to Users by multiple methods and not necessarily from the User. The following methods are used by the Operator for collection of Information

• Information provided by the User

Information is provided by the User during User Registration and purchase of Services. There is no compulsion for User to disclose any such information, provided however the Services may not be availed of in the event that the registration process is not completed.

Information collected during User Registration include User’s mobile number, national identity Card (NIC) / business registration number, User name and a User profile picture.

User undertakes and represents that all information which is voluntarily provided, is true and correct and does not include any information that is false and or relates to any other person, natural or otherwise.

Further User must ensure to maintain consistency between information provided for User Registration and information provided to any Information Service Provider. In the event of any differences in the information provided, the User may not be able to receive the desired Services, notwithstanding payment. [For example, if the mobile number provided at User Registration is different to that provided to Information Service Providers, the User is not likely to obtain Voyage Location and Trip Information.]
Alternatives – if accurate information is not provided by the User, then User will not able to receive the full extent of the Services as anticipated.

The User acknowledges that Operator is under no obligation to verify or determine the accuracy of any information provided by the User. The User acknowledges that Operator bears no liability to the User or any other person for incorrect information supplied by the User.

RYBA Application will access information of other users stored in their devices via contact list, location data and pictures in the User’s device to upload user profile picture.

All information is voluntarily collected and with the consent of the User.

• Information provided by the User

Information is also collected from User behavior while navigating the RYBA Application and the manner in which the User avails of the Services. This will include method by which Services are obtained, duration, times of use, location and devices from which User logs to the RYBA application and how the User interacts with other users on the RYBA Application.

This information is important to the Operator to understand the needs and to manage User expectations and to enhance Services and User experiences.

• Deployment of Cookies

The Operator is deploys cookies on the device of the User. Cookies have the capability to recognize a User and User’s preferences when the User opens the RYBA application.

The use of the Cookies is not only for the collection of information but works to make the Services faster, convenient and more personalized and in doing allows RYBA Application to provide a better User experience. Certain cookies have the capability to recognize or User or User’s device that RYBA application is already familiar with.

The User will not have the discretion to limit or disable any operation of any cookies. The User may however terminate the use of the RYBA Application in the event that operation of the cookies are not acceptable to the User.

RYBA Application does not use any third party cookies.

• Payment Information

Payments made on the RYBA Application are processed by third party service providers. The Operator exercises no control over the applications used by these processors. Their applications will collect information to enable processing of User’s payment. Such information will include Users bank account, credit / debit card numbers, amount paid, auto renewals and top-up options charged to the card / bank account.

The Operator does not capture or retain any such information expect payment confirmation from the third party service provider.

RYBA Application will also collect information when payments made via a [merchant] or by credit transfers between Users.

• Data Collected from Other Users

When a User engages in certain activities such as messaging / chat communication with other Users or groups, sets assignees for vessel ownership or transfer of credits RYBA Application will collect information (such as a mobile number) of the other User.

Similarly the activities of by other Users will result in [your] information being collected by the RYBA Application.

• Information Service Providers

The Operator will collect information from data bases maintained by Information Service Providers. Information collected from Information Service Providers is lawfully acquired are consequent to data release agreements between the Operator and the Information Service Providers. Such Data and Information, once collected by RYBA Application is subject to this Privacy Statement. Operator will not obtain any information which has not been lawfully collected. However Operator makes no representation with regard Information Service Provider. Information Service Providers include DFAR on registry and VMS information and merchants relating to payments.

Data Collected by Third Parties

In addition to information collected by Operator, Users must be aware that certain services are provided by third party service providers. Interaction with such third party service provides will be subject to acceptance of terms and conditions of those service providers. User must be aware, that when User interacts with third party services providers on the RYBA Application […describe…] such service providers will collect information from the User. Such information will be subject to data policies of such service providers’, which the User must be aware of prior to disclosure of any information.

Operator does not take responsibility for information provided to any such third party service provider. RYBA Application shall provider the User with prompt / alert prior to the User being directed to a third party website.

• Use Information collected by the RYBA Application

Information collected by the RYBA application is used for the following purposes

• Provision of Services

The Services requested for or purchased by User on the RYBA application can only be provided by using the information collected by the RYBA Application. The Services are data driven by nature and cannot be provided unless information is collected and processed. In order to operate, maintain, provide the Services, information received from several sources must be processed to generate the outputs requested by the User.

Personally identifiable information, such as your mobile number, NIC or vessel registration number, location is used for the purpose directing the requested Services to the User.

• Information Service Providers for Broadcasts

In addition to the Services via the RYBA Application, the Users will subject to conditions receive broadcasts by Information Service Providers from time to time. Such broadcasts are sent via the RYBA Application.

For the purpose of the broadcasts, personal information and or location information may where necessary be released to the Information Service Provider. Broadcasts are made for the safety, well-being and protection of the User in situations where vessel and its crew are likely to be in peril and also for important announcements to boat owners .

Broadcasts is open only to Ministry of Defense, Department of Fisheries and Aquatic Resources (DFAR), coastguards and any other 3rd party approved by DFAR. All such broadcasts are archived on RYBA Application and not a storage platform of the respective Information Service Provider.

• Processing Payments and User Account Balances

Personally Identifiable Information of the User shall be used for processing of payments and for ascertaining User account balances depending on the Services obtained and selected mode of payment.

In the event User opts for auto renewal of payments, User’s information already contained within RYBA Application will be pushed to the payment service provider. Authorized merchants, at the time of receiving payment will also receive mobile phone number of User to whose credit payment is made.

• Application Enhancements / Upgrades

Data and information may be used to monitor the quality of the Services.

Information will include personally identifiable information and certain non-personally-identifiable information that can be tracked, monitored and analyzed in order to determine user preferences ands for the purpose of enhancements to the application as well as new features including security features and additional services.

• Third Party Visibility

Personally Identifiable information of a User is not available for any other User unless consented between the Users such as messaging between users, request and transfer of credits, creation peer groups and service requested from Information Service Providers. Such information is made available and visible only with the consent of the User.

Third party service providers [eg DFAR] may not be able to provide the requested services unless such information is made available to them. Location sharing is enabled, where any User is at sea and visible to any other User to whom consent has been provided as well as to Information Service Providers.

Contact number of the User as saved in the device of another User will be visible to such other User, as much the User will personally identifiable date of others Users saved on the User’s mobile device.

• Notifications

In addition to the requested Services, RYBA application will use mobile phone provided by the User to generate notifications, credit balance, customer support messages, system upgrades, policy revisions and other administrative functions. In the event that the mobile number is not functional, such communications will not be received by the User.

Operator will not use data stored for re-sale and or other form of commercial exploitation other than for the currently exiting Services and or any additional services to be provided to the Users in the future.

• User Rights and Obligations

Operator respects the rights of Users relating to the information collected, stored and used on the RYBA application. The RYBA contains User’s information including personally identifiable information received from all of the sources from which data is collected.

• Information provided by the User is provided voluntarily and at the time of provision is represented to be true and correct. User acknowledges that Operator will rely entirely on the information provided by the User (other than for those collected independently by Operator). For example some of the services may not be available if a boat owner provides a mobile number which is different for boat registration.
• The User may at any time during which the [User Account is active] view User Account information, such as profile picture, user profile, profile name, packages, usage data, credit etc. Where the User is also a Vessel Owner (or assignee of a Vessel Owner), the User may see list and names of vessels that are assigned against the User.
  

  However details such as [voyage, trip information] is available only as part of the paid Services.

• In the event of any change to the information provided or incorrect information being reflected in the [user account] the User is able to update, amend and correct all such information in the user account. [link to be provided].
• The User may and is responsible to update and maintain as current all such information upon change. Information stored as part of [User Registration Account] may be updated, revised and outdated information may be deleted. [state link]. This is at the sole discretion of User and User has absolute control over the information that is updated on RYBA application. User will also acknowledge that the Services are information-based services. In the absence of such information, the Services, may either be unavailable or be delivered at a standard less than the desired standard.
• The User may at any time ascertain and verify personal information stored on the RYBA application. User is directed to [link / place] for this purpose.
• User information as contained in the User Account or other information obtained from Information Services Providers cannot be changed by the Operator. RYBA Application only permits the processing of the data for the purpose of the Services.
• Retention and Ownership of Data
  All data collected by the RYBA Application is the property of the Operator(subject to any rights of a data subject with regard to any personally identifiable ). This includes information collected by RYBA application as well as any analyses and compilations resulting from the processing of such information. The Operator may deal with its database in a manner as lawfully permitted for the provision of the Services.

All information will be retained or archived on RYBA application for as long as it is considered to be necessary for the Services and future services and enhancements.

Information may also be retained for any legal purpose or under directive of a judicial, statutory or governmental order.

• Compelling Disclosures and Restrictions
  

  The Operator may be compelled to release data contained in its database in the event of an order by Court, directive by a statutory authority or government order. The extent of data released shall be as contained in such order or directive, over which the Operator will have no control .

  The Operator takes no legal liability for any information so released. The Operator is not under an obligation to notify the User and or obtain the consent of the User if and when it is directed to make a compelling disclosure. The Operator, where and if so, directed shall ‘freeze’ any User account and Service data and thereupon User will not be able to delete User Account or amend any information contained therein.

• Changes of Management / Ownership
  

The Operator shall be entitled to transfer the database (including server or platform) to any third party or entity In the event of any corporate change or restructure, change of operating and management rights of the RYBA Application and or change of control of the Operator or other similar occurrence. In the unlikely event of any liquidation of the Operator, the Operator may not be able to control how information database is treated, transferred or used.

• Security Risks
  

Operator will use all methods reasonably available to protect and lawfully process Information. However, in the context of risks associated with any web-based platform / internet enabled service, the Operator cannot give any guarantee against risks of spread of virus and malware, hacking, dos attacks d-dos attacks, malicious activity that prevents servers from regular operation. No guarantee or estimation of downtime for recovery can be made.

User will acknowledge and must be aware of security risks of such data.

• User Indemnity
  User will fully indemnify the Operator against all and any liability, claims, penalties and charges imposed upon the operator as a result of a User (a) uploading personal data of any person on the RYBA application and or (b) improper and unlawful use the of the personal data of any other User.
• Changes to Policy
  

Operator retains the right to change, revise, amend, delete and replace this Privacy Statement in total or part at any time. All such changes will be disclosed on the RYBA application. Users with an active account will received notification via to the mobile phone contained in the User Account.

Notification will also include the date on which such change, revision, amendment, deletion and replacement becomes effective.

Use of the RYBA application after the effective date shall constitute acceptance of the changed, revised, amended and or replaced Privacy Statement.

• Applicable Laws
  

The privacy statement is governed by the laws of Sri Lanka.