Terms and Conditions and Privacy Statement

This agreement is made between you, the User and Verifact International Ltd T/A Verifact having its registered office at The Rubicon Centre, MTU Campus, Bishopstown, Cork T12 Y275, Ireland, in relation to the use of the Vessel Details software platform.

By using our Services, you are agreeing to these terms. Please read them carefully.

Using our Services

In agreeing to use our services you to follow any policies relevant to your use of said services as have been provided to you.

Using our Services does not give you ownership of any intellectual property rights in our Services.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. By signing this agreement, you are consenting to receive such announcements etc. You may opt out of some of those communications by sending an email to support@vfact.com

Your Vessel Details Database Account

Once you have registered for the Vessel Details Database and accepted the within user agreement Verifact will create a unique Vessel Details Database account for you and will forward on details of same to the email address specified in your application.

To protect your Vessel Details Database Account, keep your password confidential. You are responsible for the activity that happens on or through your Vessel Details Database Account. If you believe there has been unauthorised access to your account, please send an email to support@vfact.com requesting your password be reset.

Privacy and Copyright Protection

Vessel Details Database privacy policy explains how we treat your personal data and protect your privacy when you use our Services. By accepting this agreement, you agree that Verifact can use such data in accordance with the privacy policy. From time to time it may be necessary to update the Privacy Policy, and a copy of the revised policy will be sent to the email address you provided when registering. If, as a result of same, you wish to withdraw from using our services, you can do so by forwarding an email stating same support@vfact.com

Your Data in our Services

Our Services allow you to upload, submit, store information relating to you and your fishing vessel.

You hereby confirm that the data you are uploading relates to the following:

Please note by selecting the entities above you are consenting to the use of the data submitted by you through the Vessel Details Database for the purposes and/or to be shared with the following entities:

As part of a publicly available register to evidence your membership of the FIP or FIPs specified.

If one of the FIP or FIPs specified are registered with the Fishery Progress website details of your membership including the data specified will be submitted to the website (https://fisheryprogress.org/). This data will solely be used for the purpose of confirming your membership of the FIP or FIPs or the communication of information relating to your membership.

The data may also be shared with BIM (Bord Iascaigh Mhara). This data will solely be used for the purpose of confirming your membership of the FIP or FIPs or communicating with you in relation to your FIP membership.

Data provided in relation to the gear type or types used by your vessel may also be included (on an anonymised basis) in reports in relation to gear usage at a fleet level.

You are responsible for ensuring that the data you upload to Verifact is true and accurate.

If at any time during the project lifetime you wish to withdraw your consent to the use of your data you can do so by emailing support@vfact.com

Policies and Procedures

By accepting this agreement you agree to adhere to and be bound by the FIP Membership Policies & Procedures as set out in Appendix One of the within document.

Human Rights and Social Responsibility Statement

By accepting this agreement you agree to adhere to and be bound by the Human Rights and Social Responsibility Statement as set out in Appendix Two of the within document.

About Software in our Services

Verifact gives you a personal, worldwide, non-assignable and non-exclusive license to use the software provided to you by Verifact as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Verifact, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

You can stop using our Services at any time using the process set out above. Verifact may also stop providing Services to you, or add or create new limits to our Services at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care, and we hope that you will enjoy using them. But there are certain things that we don't promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NO SPECIFIC PROMISES ABOUT THE SERVICES ARE MADE. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES AS IS.

TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for our Services

WHEN PERMITTED BY LAW, VERIFACT, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF VERIFACT FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES AND ONLY IF SAID LOSS IS REASONABLY FORESEEABLE.

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Verifact from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys fees.

About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. A copy of the revised terms will be sent to the email address you specified in your application. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service using the process set out above.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

If you do not comply with these terms, and Verifact do not take any immediate action this does not prohibit the taking of such action in the future.

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of Republic of Ireland will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in Irish Courts, and you and Verifact consent to personal jurisdiction in those courts.

Appendix One -

FIP Membership Policies & Procedures

Background and Rationale

Vessels who become members of the FIP agree to abide by the rules and procedures of FIP membership. On occasion, a vessel may have a legal infringement which falls under either the environmental or social criteria. If an indictable judgement is made against a vessel by the courts (or determination from WRC), the FIP needs to have in place a robust mechanism to sanction vessels proportionate to the offence, to protect the credibility of the FIP.

Having this procedure in place provides protection for members who operate in a fully legal and sustainable manner, gives buyers of FIP product confidence in the operations of the FIP while also protecting the credibility of the FIP. This approach to membership is in line with other certifications and standards such as BRC, Bord Bia schemes and the MSC Standard.

The necessity of this measure can be seen in recent international examples (e.g., UK) where sustainability initiatives came under scrutiny when negative media articles were published about a small number of vessels. These initiatives were left open to criticism due to a lack of a sanctioning mechanism for vessels when they were found not to have followed regulations.

The following details the particulars for FIP member management policies and procedures and outlines the steps of an appeals process.

FIP Member Management Policies and Procedures

1.Sanctions will be imposed in accordance with the procedure below if a vessel is convicted of an indictable criminal offence in court relating to sustainable fishing activity

2.Sanctions will be imposed in accordance with the procedure below If a vessel owner has a determination against them made by the WRC relevant to the Human Rights & Social Responsibility Policy​ as defined by Fishery Progress.

3.Sustainability related offences are breaches of quota or non-compliance with Technical Conservation Measures (TCMs) (e.g. gear-related or fishing in closed areas or seasons). ​

4.Only offences relating to species for Irish FIPs of which the vessel is a member will be covered under these rules.​

5.A member should notify the FIP of any relevant conviction as soon as possible. ​

6.Points 1-5 only apply to cases where the offence date occurs after the date of vessel owner registration with a FIP or for existing members after the date when this policy was adopted by the FIP.​

7.A sliding scale of consequences is in place: 1st offence – 3 months suspension; 2nd offence – 1 year suspension; 3rd offence – permanent expulsion.

8.Where a vessel owner appeals a conviction for a relevant offence, the FIP will not impose a sanction until the appeal has been ruled on.

9.A vessel owner may appeal against any sanctions imposed by the FIP. The appeal will be heard by an independent appeals officer. Further details on the appeals process are included in a separate section below.

10.Following an appeal process, or as part of an appeal, a vessel owner may submit a corrective action plan. If approved, the plan must be applied within a reasonable and practical timeframe.

11.Any subsequent sanction imposed while a prior sanction is in place will run concurrently.

12.In the case of a change of ownership, previous sanctions are not carried over to the new owner.

Appeals Process

If a vessel is being sanctioned, a Sanction Notification Letter will be issued to them by email.​

The letter will include a section setting out how to appeal against the sanction.​

Appeals should be made in writing (by email) to appeals@fip.ie within 30 days of the date of the Sanction Notification Letter​.

An appeal should include (if relevant) any corrective action plan and the proposed timeline for implementation​.

Appeals will be reviewed by an independent appeals officer within 60 days of receipt. ​

This appeals officer will be independently appointed and will be a practicing solicitor or barrister with no less than 5 years’ experience.

A decision will be made and communicated in writing (by email) to the vessel.

The decision of the appeals process will be final.

Appendix Two –

Human Rights and Social Responsibility Statement

December 2024

I.Introduction

Eliminating human rights violations and abuses in seafood supply chains is both a legal and moral imperative. Under the Universal Declaration of Human Rights, every individual has fundamental rights to decent and safe working conditions free of discrimination, harassment, abuse, and coercion, whether on land or at sea. In addition, several United Nations (UN) agencies, entities and programs have set international standards and developed guidance on human rights, labour standards, and decent working conditions applicable to fisheries. Notably, the International Labour Organization (ILO) has defined eight fundamental Conventions that are considered essential for protecting labour rights, as well as one specific to the fishing sector. The Work in Fishing Convention (2007, No. 188) updates older ILO instruments on fisheries¹ and aims to ensure decent conditions of work on board, conditions of service, accommodation and food, occupational safety and health protection, medical care, and social security.² At the time of writing, most nations have ratified the eight fundamental Conventions³, while 20 countries have ratified C188 although Ireland has not, as yet, done so. However, the FIP is cognisant of the requirements of C 188 and has drafted the within statement with these in mind.

In 2011, the UN Human Rights council endorsed the Guiding Principles on Business and Human Rights (UNGPs) to help guide States and companies to prevent, address and remedy human rights abuses committed in business operations. The UNGPs are the first global standard of its kind and establish businesses as responsible for respecting human rights and providing workers access to remedy should a human rights abuse occur.

The UNGPs have received widespread adoption and support from both the private and public sector and have impacted business practices. Within the seafood industry, seafood retailers, suppliers and foodservice providers are increasingly seeking products that commit to social responsibility and the protection of human rights in seafood supply chains. Addressing social issues and ensuring adequate working conditions for fishers is now viewed as a necessary precursor to a sustainable and long-term supply of seafood.⁴ Social and ecological aspects of fishing are often mutually reinforcing, demonstrated by the linkages between labour rights violations, such as forced labour and illegal, unreported and unregulated fishing.⁵ Accordingly, addressing risks to human and labour rights is increasingly recognized as essential for a thriving fishery and fishing community.

II.Purpose

The Irish FIP expects all FIP participants to share a commitment to protect human rights and promote social responsibility. The FIP and its participants are committed to a vision of a fishery free of human and labour rights abuses in which every fisher is assured dignity, decent working conditions, and the right to organize. The FIP and its participants recognize that efforts to protect the rights of fishers must be based on agreements that embody the principles detailed in Section VI below.

The purpose of this statement is to communicate to fishers and other stakeholders how the FIP prioritizes and addresses human rights and social responsibility. This statement is not designed to outline specific actions FIP participants will undertake to effect social change in the FIP, which are detailed in other FIP and FIP participant documentation.

III.Scope and Applicability

The commitments detailed in this policy statement apply to all vessels and fishers fishing and transporting catch within the FIP’s supply chain(s), whether fishing on shore or on a vessel, and whether the fishers or vessels are formal participants in the FIP.

IV.Roles and Responsibilities

The specific roles and responsibilities of signatories are outlined as follows:

Verifact serves as the FIP lead. Key responsibilities include:

Ensure that all current and future FIP participants are made aware of this statement, and the expectation to uphold the values and principles included therein. This includes sharing the statement in the language(s) participants understand.

Support FIP participants to report on FisheryProgress to demonstrate the actions they are taking to uphold their commitments herein.

V.Definitions

A fisher is defined as any person of any age or gender employed or engaged in any capacity or carrying out an occupation on board any fishing vessel, including persons working on board who are paid on the basis of a share of the catch but excluding pilots, naval personnel, other persons in the permanent service of a government, shore-based persons carrying out work aboard a fishing vessel and fisheries observers. (Source: ILO C188)

A fisheries observer is an independent specialist authorized by fishery regulatory authorities to collect data to assist in the monitoring of commercial exploitation of marine resources (e.g., species caught and discarded, area fished, gear used). At-sea observers join the vessel during fishing trips but do not normally engage in fishing activities; they observe fishing practices as a third party, and report scientific and regulatory enforcement information to the management authority.

FisheryProgress defines large vessels as those which weigh 10 gross tons or more, or measure 12 meters or longer.

FisheryProgress defines small vessels as those which weigh less than 10 gross tons and are shorter than 12 meters.

Definitions of other key terms can be found in the Social Responsibility Assessment (SRA) Tool for the Seafood Sector.

VI.Guiding Framework

The following categories identify the priority areas for addressing risks of human and labor rights abuses in the FIP. The statements listed under each category stipulate the provisions to prevent and mitigate risks to human and labor rights of all fishers harvesting or transporting FIP products. The statements do not claim to address the full scope of social and labor issues across the FIP, nor are they intended to prescribe practical actions to effectuate social change in the fishery.

VII.Best Practice Categories (Optional)

VIII.Acknowledgement and Endorsement

As signatories of this statement, we recognize the promotion and protection of human rights and social responsibility as a fundamental condition for sustainable fishing. We/I commit to improve understanding and mitigation of the human and labor rights risks in the FIP, as defined by the guiding framework detailed in Section VI and as applicable to the roles and responsibilities detailed in Section IV and the vessels and fishers in the FIP. This commitment is effective as of the date of signature and endures throughout the time the FIP is active.