Terms of service/Privacy Policy
Propagation Labs welcomes you to its community of snow professionals.
Our Terms of use (“Terms”) explains your rights and our obligations with regard to using our software (“Software”, also known as the “Propagation Labs: Scope App”) and service (both collectively referred to as the ” Service “) on the Internet or in cellular media. These Terms constitute a fully binding agreement between Propagation Labs (including its affiliates and subsidiaries, Propagation Labs or “We”) the proprietor of all rights in and to the Service, and you.
CAREFULLY READ THESE TERMS TO BE SURE YOU UNDERSTAND THEM.
By using the Service, YOU AGREE TO Propagation Labs' TERMS AND PRIVACY AND COPYRIGHT POLICIES. .
If you do not agree to these Terms or Policies or any of their parts, then you are prohibited from using our service.
Summary
This Document Outlines the data privacy expectations and agreements made between Propagation Labs and the users of the Propagation Labs Products, including the Snow Scope Digital Snow Penetrometer, Snow Scope Web app, and Snow Scope Mobile App.
Data Ownership and Privacy
All the data created by the user of the Snow Scope App and Probe is owned by the creators, and by default* will only be able to be accessed by the creator of the data, and other users within their organization. Organizational joining is password protected.
If the user decides to share their data publicly (by intentionally setting their “profile privacy setting” to “public”), their data will be displayed publicly and be able to be downloaded by any public user. Public users will still not be able to modify the creator’s profiles on the platform, and the creator can revert the data back to private at any time.
If the user sets their profile privacy to “private”, their profiles will only be visible to the creator and not users within their organization.
*default will be set to organizational sharing only if the user is signed up for a snow scope Pro account. Otherwise, all data created is shared publicly.
We may ask users to opt in at some point to make their data available to a research dataset (similar to snowpilot), but this will be fully voluntary.
The Propagation Labs software team has the ability to access snow profile data for customer service and warranty help only. If the user has issues with their device and they specifically authorize customer service support to look at their data, their data will be visible to the Propagation Labs team.
Disaggregated and anonymized location data for snow profiles will be shared with the Propagation Labs team and they reserve the right to share that data for marketing or scientific purposes (ex: showing a map of where all snow profiles for a season were collected). If you do not wish to have your anonymized location data shared, you can opt out in writing to the propagation labs team, and we will remove your anonymized profile location data from any shared map.
Data Removal
The user can download their data from the Propagation Labs service at any time, via an interface to download batches of profile data to human readable csv or CAAML files. This will allow you to access your data in perpetuity if Propagation Labs is ever sold or goes out of business -- in that case Propagation Labs will give a warning period of no less than 6 months in which you'd be able to download the data.
If the user ever wants their data deleted, they can manually delete data as a user, or can request that Propagation Labs batch deletes all their data at any time. Propagation Labs will complete a full batch delete of their data from all systems within 1 month of the request.
Location Data
Propagation Labs uses Location services on the user’s mobile device to geotag snow profile locations only.
Propagation Labs does not track or view any location data other than snow profile locations.
Propagation Labs will never sell any type of location data from users.
Security
Propagation Labs uses industry standard Google owned servers, security services, and login encryption to house our data and keep it secure
All standard encryption practices are used in the codebase for Android, iOS, and Web applications
Key Points
The following key points of the Terms are highlighted here for your convenience only. These key points are not made in lieu of the full Terms and their presence in this section does not mean that they are intended to supersede or override any other terms or conditions provided by Propagation Labs.
You assume the risks of your own decisions and judgment. The information provided by Propagation Labs is not intended to replace your own judgment in participating in snow and outdoor activities involving our Service. Safety in the outdoor environment in particular, has an unpredictable quality insofar as the risks can rapidly change due to weather, temperature and the aspect and angle of the slopes. Propagation Labs provides important information that you must factor into a variety of other considerations in evaluating risk.
Our information is provided by our users, not by us. We do not make any claims as to the accuracy or veracity of the information. It is crowdsourced and dependent on the provider, which is, again, not us. We facilitate only a forum to share this information and make no claims as to the integrity of the information provided, which intrinsically fluctuates, and may be inaccurate, incomplete or outdated. Please note again that the type of information provided is also time-dependent as environmental conditions can change due to weather and other factors. Simply, Propagation Labs does not provide any warranties to such information’s credibility or reliability and we make no such claims.
Some features of the Service make use of detailed location data and route information, for example in the form of GPS signals and other information sent by your mobile device on which the Propagation Labs application is installed and activated. These features cannot be provided without utilizing this technology. Please read the Privacy Policy with regard to the use of this information. We will never share, sell, or use your location data information without your knowledge. Propagation Labs uses such information to record location information about snow profiles created and edited by you, the user. This location data is stored with each profile, and is not used anywhere else.
The Internet connection required to use the Service, and any associated charges (e.g. mobile data expenses) incurred by your use of the Service are your exclusive responsibility and made solely at your expense . Transmitting and receiving real-time updates to and from the Service, requires an online (e.g. Wi-Fi, 3G, 4G) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.
The Service utilizes Software for mapping, data, updates and route information. The Service, its database, Propagation Labs’s trademarks, the design of the maps of the Service and the information integrated in the Software are the properties of Propagation Labs.
Your privacy is important to us. While using the Service, personal information may be provided by You or collected by Propagation Labs as detailed in our Privacy Policy. The Privacy Policy explains our practices pertaining to the use of Your personal information and we ask that You read such Privacy Policy carefully. By accepting these Terms, you hereby acknowledge and agree to the collection, storage and use of your personal information by Propagation Labs, subject to this section, the Privacy Policy and any applicable laws and regulation.
WHAT IS THE SERVICE
The Service allows snow professionals to share information such as snow profile information gathered by Propagation Labs products or created by other professionals. It allows users to assess this information and use their own judgment to participate in various outdoor activities in a safer manner. The Service is provided mainly through the Software.
THE LICENSE
Propagation Labs hereby grants you a free of charge, non-exclusive, time-limited, non-transferable, non-sub-licensable, revocable license to use the Service (including the Software) for non-commercial purposes, subject to these Terms. It does not apply to Propagation Labs trademarks, the design, look or feel of the Service or of the maps of the Service and the files integrated in the Software or to other intellectual property rights of Propagation Labs.
USING THE SERVICE
You may use the Service solely for private and personal purposes and the use of your particular organization. You may not use the Service for your commercial financial gain. For example, you may not: (i) offer to third parties a service of your own that uses the Service; (ii) resell the Service; (iii) offer to rent or lease the Service; or (iv) offer the Service to the public via communication or integrate it within a service of your own, without the prior written consent of Propagation Labs. For clarity, the examples listed are made for illustrative purposes only; they do not constitute an exhaustive list of restricted activities involving the Service.
You may not copy, print, save or otherwise use data other than your own from the Site or the Service’s database. This clause does not limit the use of the database as intended by the Software and for the purposes designated and approved by Propagation Labs with professional organizations.
When using the Service or the Site you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper or other automated means to access the Site or the Service’s database for any purpose without the express prior written permission of Propagation Labs.
The Software may not be used in any way that is not expressly permitted by these Terms.
USE RESTRICTIONS
There are certain types of conduct that are strictly prohibited on the Service. Please read the following restrictions carefully. Your failure to comply with the provisions set forth below may result (at Propagation Labs’s sole discretion) in the termination of your access to the Service and may also expose you to civil and/or criminal liability.
You may not, whether yourself or through any other means or person : (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content included in the Service and/or Site, or in any way or publicly display, perform, or distribute them; (ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without Propagation Labs’s prior written consent; (iii) create a browser or border environment around the Content (e.g. no frames or inline linking); (iv) interfere with or violate any third party or other user’s right to privacy or other rights, including copyrights and any other intellectual property rights of others, or harvest or collect personal information about visitors or users of the Service and/or Site without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ copyrights, and other intellectual property rights; (vi) transmit or otherwise make available in connection with the Service and/or Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vii) interfere with or disrupt the operation of the Service and/or Site, or the servers or networks that host the Service and/or Site or make the Service and/or Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (viii) sell, license, or exploit for any commercial purposes any use of or access to the Content and/or the Service and/or Site; (ix) frame or mirror any part of the Service and/or Site without Propagation Labs’s prior express written authorization; (x) create a database by systematically downloading and storing all or any of the Content from the Service and/or Site; (xi) forward any data generated from the Service and/or Site without the prior written consent of Propagation Labs; (xii) transfer or assign your Service accounts’ password, even temporarily, to a third party; (xiii) use the Service and/or Site for any illegal, immoral or unauthorized purpose; (xiv) use the Site, the Service, or the Content for non-personal or commercial purposes without Propagation Labs’s express prior written consent; or (xv) infringe or violate any of these Terms.
TERMINATION OF USE OF THE SERVICE
You may terminate your use of the Service at any time and for whatever reason. If you would like for Propagation Labs to delete your Propagation Labs account and your personal information contained in the account, please contact Propagation Labs accordingly. On receiving such a request, Propagation Labs will use reasonable efforts to delete such information, however please note that your information may be retained on our back-up systems for some time.
Propagation Labs retains the right to block your access to the Service and discontinue your use of the Service, at any time and for any reason Propagation Labs deems appropriate, at its sole and absolute discretion.
USER CONTENT
The Service allows all users of the Software to submit and post information and content to other users (“Content”). Content is separate from third party sponsored advertisements that may appear on the Service. Content can include, for example, snow profile date, route conditions etc. You assume sole responsibility for any Content you post and you alone are liable for the consequences when you post Content.
FORBIDDEN POSTS
It is forbidden to submit Content of a commercial nature (including advertising), unless such posts pertain to Propagation Labs, the Service, or Propagation Labs’s products or products approved by Propagation Labs, and such Content strictly complies with these Terms.
When you submit Content to be published by the Service, you must make sure it is lawful. For example, you may not submit Content that:
is diminishing or infringing proprietary rights of others, including but not limited to copyright and trade marks;
poses a risk to a person’s safety, security or health;
identifies other persons, including the likeness of others, without obtaining such person’s express written consent to the disclosure of their personal information or likeness, or pertains to minors and identifies minors or their personal information, including their full name, age, address or contact information;
is unlawful, defamatory, libelous or invades the privacy of others;
is harassing, offensive, threatening or vulgar;
is characterized by, or that encourages racism or unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economical class;
encourages criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit;
promotes pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law or under these Terms;
falsely expresses or implies that such content is sponsored or endorsed by Propagation Labs.
The foregoing examples of unlawful Content are made solely for illustrative purposes and do not constitute an exhaustive list of restricted Content.
Propagation Labs may decline to publish, or immediately delete any Content you submit if you or the Content have violated these Terms or if you engaged in a commission or omission that is harmful or may be harmful to the Service, its users, Propagation Labs or any of its agents or affiliates. In such cases, Propagation Labs may also terminate your access to the Service or prevent you from posting additional Content on the Service. The provisions of this clause are made in addition to any rights afforded to Propagation Labs by any law.
RIGHTS IN CONTENT
When you submit Content to be published on the Service, you represent and warrant that you own all intellectual property rights in the Content; that you are permitted to publish the Content and to permit Propagation Labs to publish the Content and exploit all intellectual property rights in and to the Content. While Propagation Labs receives no ownership rights in and to the Content that you submit, by submitting Content to Propagation Labs, you hereby grant Propagation Labs and the users of the Service an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sub-licenseable and transferable license to use, copy, distribute, prepare derivative works, aggregate for research and other purposes, display in public and publicly utilize the Content in any manner at Propagation Labs’s discretion. The license granted to Propagation Labs in and to the Content you submit is not limited to personal use, but also extends to any commercial use of Content, at Propagation Labs’s sole and absolute discretion. However, other users may only use your Content for non-commercial purposes, unless Propagation Labs provides them with a prior written consent to use your Content for commercial purposes (for the purpose of which you authorize Propagation Labs to be your agent).
EXAMINATION OF CONTENT
Propagation Labs may examine the Content before or after its publication, prevent publication of inappropriate or otherwise inadequate or erroneous Content, or remove such Content after its publication. Propagation Labs does not normally utilize its right to monitor Content and does so only in rare cases.
Propagation Labs retains sole discretion in determining which Content will be published, the duration of its publication, its location, how and when it appears on the Service, its design and any other matter pertaining to the publication of Content within the Service. Propagation Labs does not guarantee that all Content will be published, in general or for any limited time.
Content submitted by users for publication does not reflect the views of Propagation Labs. Publishing Content does not warrant its validity, reliability, accuracy, legality or it being up-to-date.
COPYRIGHT
All intellectual property rights in and to the Site, the Service and its database, including copyrights, trademarks, industrial designs, patents and trade secrets – are either the exclusive property of Propagation Labs or its affiliates or are exclusively licensed to Propagation Labs. The Service is protected, among others, by applicable copyright provisions prescribed by any law, in any nation and through any and all treaties.
“Propagation Labs”, the Propagation Labs logo, and other trade and/or service marks are the property of Propagation Labs or its affiliates and you may not use such logos or marks for any purpose that is not expressly authorized in these Terms without the prior written consent of Propagation Labs.
The design, trade dress, and the ‘look and feel’ of the maps of the Site and the Service are protected works under applicable copyright laws and Propagation Labs and its affiliates retain all intellectual property rights in them. The Software license granted to you in these Terms does not extend to or include a license to use the maps displayed on the Software or any mark, indicator, logo or notation embedded in the maps that are displayed on the Software. You may not copy or print more than one copy of any data or material appearing on the Site.
Propagation Labs may protect the Service by technological means intended to prevent unauthorized use of the Service. You undertake not to circumvent these means. Without derogating from Propagation Labs’s rights under these Terms or under any applicable law, you are advised that any attempted or actual infringement of this provision will result in the termination of all your rights under these Terms. If you circumvent any of the means taken by Propagation Labs to protect the Service from unauthorized use, you must immediately cease any and all use of the Service, and you undertake to do so.
Apple
If you use the Service on an Apple device, then you agree and acknowledge that:
Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with Service maintenance and support;
You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Service or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;
Apple and Apple’s subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
LIMITATION OF LIABILITY AND WARRANTY
Propagation Labs PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.
Additionally and without derogating from the above clause, Propagation Labs disclaims any warranties relating to the accuracy of the maps, Content, route conditions presented or displayed in or by the Service.
You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws, rules and regulation while using the Service.
THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE YOUR OWN JUDGMENT AND CONSIDERATIONS OF OTHER INFORMATION NOT PROVIDED BY THE SERVICE IN MAKING YOUR DECISIONS . IN THE EVENT THAT THE INFORMATION OR DATA YOU CONSIDER INSTRUCTS DIFFERENTLY THAN THE SERVICE MIGHT INDICATE, YOU MUST NOT RELY ON THE SERVICE.
Propagation Labs exerts efforts to provide you with a high quality and satisfactory service. However, We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to Propagation Labs’s computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures and Software communication failures, originating either in Propagation Labs or any of its providers.
Propagation Labs, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.
LINKS AND COMMERCIAL INFORMATION IN THE SOFTWARE
The Service may include commercial information or advertisements (“Ads”). The Ads may pop up or be displayed on the Service maps from time to time. Propagation Labs may post Ads on the Service BUT the source of such Ads may also be from third parties, and as such, Propagation Labs cannot and does not guarantee the reliability or accuracy of third party Ads. Propagation Labs does not endorse the content of third party Ads. Additionally and without derogating from the previous sentence, Propagation Labs will not be liable for any form of liability arising from your reliance on, or in connection with, the use of the content of Ads posted on the Service.
It is underscored that the advertising of commercial content by Propagation Labs does not constitute a recommendation or encouragement to procure the goods or services advertised.
Insofar as the Software may include links to services or applications not operated or managed by Propagation Labs, Propagation Labs will not be liable for any form of liability arising from your reliance on, or in connection with, the content of such services and applications or any information provided by them, including but not limited to its completeness, accuracy, correctness or it being up-to-date. Propagation Labs will not be liable for any direct or indirect damage, monetary or otherwise, arising from your use of or your reliance on the content of goods or services you have accessed via Ads or other links on the Software.
BREACH AND INDEMNITY
Without derogating from any applicable law, you agree to indemnify and hold harmless Propagation Labs and its employees, officers, directors and agents, as well as all third party advertisers of Ads from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms. This indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by Propagation Labs, its employees, officers, directors or agents as a result of your violation of the Terms, including but not limited to legal expenses and attorney fees.
PRIVACY
Propagation Labs respects your privacy during your use of the Software and the Service. Our privacy policy and is an integral part of these Terms of Use. Since the privacy policy is subject to periodic updates, it is recommended that you periodically review the policy for updates.
MODIFICATIONS TO THE SERVICE AND SOFTWARE
Propagation Labs may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Software, the Service’s features, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service. You will have no claim, complaint or demand against Propagation Labs for applying such changes or for failures incidental to such changes.
TERMINATION OF SERVICE
Propagation Labs may, at any time, terminate the provision of the Service in its entirety or any part thereof, temporarily or permanently, at its sole discretion.
MODIFICATIONS OF THESE TERMS
Propagation Labs may modify these Terms from time to time. If fundamental changes are introduced, a notice will be posted in the updated version of the Software as well as on the Service’s home page on the Site. Your continued use of the Service after the Terms have been modified signifies your assent to the updated Terms. If you dissent to the updated Terms or to any term within them, you must discontinue all further use of the Software.
GOVERNING LAW AND JURISDICTION
These Terms, the Software and the Service will be governed solely by the laws of the State of Utah, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these Terms, the Software and the Service, will be under the exclusive jurisdiction of the competent court in Summit County, Utah.
LIMITATIONS
Should you desire to file any cause of action against Propagation Labs, arising out of or related to the Propagation Labs Software or Service, you must do so within one (1) year of the day you become aware of the cause of action. Failure to file a lawsuit within the aforementioned timeframe will bring about the permanent barring of the cause of action, and will constitute your complete and final waiving of the lawsuit.
ASSIGNMENT OF RIGHTS
You may not assign or transfer your rights in and to the Service, without the prior written consent of Propagation Labs. Propagation Labs may assign its rights in and to the Service to a third party at its sole and absolute discretion, provided that the third party undertakes Propagation Labs’s obligations to you under these Terms.
COMPLETE TERMS
These Terms, together with the policies that are an integral part of these Terms, namely the Privacy Policy and the Copyright Policy, shall all constitute the entire and complete agreement between you and Propagation Labs concerning the Propagation Labs Service. In the event of an inconsistency between these Terms and the synopsis of terms presented to the user during Software installation, these Terms shall prevail.
NO LEGAL RELATIONSHIP
These Terms of Use and your use of the Service, including the submission of Content onto the Service, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Service is intended for your enjoyment and benefit and the provision of the Service to you (subject to your compliance with these Terms) constitutes the sole and sufficient consideration that you are entitled to receive for any Content or other contributions you have made to the Propagation Labs Service, its contents, maps and any other data.
CONTACT US
You may contact us concerning any question about the Service, through the channels listed on the “About” menu in the Software or through the “Contact Us” page on the Site (web address: www.Propagation Labs.com/support). We will make our best efforts to address your inquiry promptly.
Propagation Labs PRIVACY POLICY
Propagation Labs and its Propagation Labs (“Propagation Labs”) respects your privacy. It is important to us to do so.
This Privacy Policy describes:-
the information that Propagation Labs collects from users in the “Propagation Labs: Scope App”;
how that information is used by Propagation Labs; and
the rights and options available to users.
This Privacy Policy is incorporated as part of the Propagation Labs Terms of Use (the ” Terms of Use ” or the ” Terms “).
Your use of the Services is subject to the Terms of Use, Copyright Policy and this Privacy Policy and indicates your consent to them.
In this Privacy Policy, the term “personal information” means any information collected by us or provided by you that, with reasonable efforts, may be used to identify you, which may include first and last name, home address, email address and, in certain circumstances, your location and route information.
Contact Propagation Labs / Abuse reports
If you believe that your privacy has been compromised by any person, in the course of using the Services, then please contact Propagation Labs.
You may send Propagation Labs other requests, responses, questions and complaints by email to contact@Propagation Labs.com.
Information that is being collected
Propagation Labs allows you to use the Services after entering your given name (“user name”)
The categories of information collected by Propagation Labs will include all or just some of the following, depending on how you choose to use the Services.
Propagation Labs will collect:-
detailed location data and related information, for example in the form of GPS signals and other information sent by your mobile device on which the Application is installed and activated. Location will only be collected and saved when a snow profile is created intentionally by the user, and location data will only be associated with that specific snow profile. Location will also be collected in the background, but still only saved when a new snow profile is created. This is to allow collection of snow profiles with relevant location data using the connected snow scope, even when your phone app (Propagation Labs: Scope App) is in the background (typically stored in a pocket). This background functionality is necessary because it can be difficult to collect a snow profile with the snow scope while also holding your phone.
information about your use of the Services. See “Meta-data that we collect”, below;
If you choose to use the Services in a manner detailed below, Propagation Labs may also collect:-
information that you choose to share with Propagation Labs, including a username you have chosen, reports associated with your username, and information you upload. “home” or “work”, other “favorites”, destinations you may travel to, chat messages, search queries, calendar information .
information required when setting up a username you have chosen, such as your name and gender. Bear in mind that false, incorrect, or out-dated information may impair Propagation Labs’s ability to provide you with the Services and to contact you when necessary. Propagation Labs will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you may not be able to set up a username; and/ or
information shared from your social network accounts. See “Integration with social networks”, below.
Please note that when you first install the Application on your mobile device, Propagation Labs will set up an account associated with that mobile device (the “Account” ). Propagation Labs will collect and use your information, in accordance with this Privacy Policy, whenever you activate the Application on that mobile device. This use includes linking your information with your Account. This is the case irrespective of whether or not you choose to create an Propagation Labs username and password in the Application.
In order to access certain features of the Services (for example, posting snow profile data, mapping, route information etc.), you will need to set up a username.
If you do set up a Propagation Labs username and password in the Application:-
Propagation Labs will link all of your information with your Account and that username. This includes information received from all mobile devices running the Application on which you have chosen to sign in using your username and password;
with the exception described in the bullet below, your Account and information associated with your Account will be visible only to Propagation Labs; and
Uses of information
Propagation Labs may use information collected from or provided by you for the following purposes:
to provide you with the Services. For example, Propagation Labs may:-
to operate the Services and to improve and customize your experience with the Services. ;
to improve the experience of other users. For example, Propagation Labs may use your information to improve the accuracy of its snow assessment, mapping and route data;
to provide you with support and handle requests and complaints;
to send you updates, notices, announcements, and additional information related to the Services;
subject to your prior indication of consent, we may also use the email address that you provide when setting up a username to send you marketing material. At any time you may choose not to receive such material by:- (i) changing the email preferences in your Account accessed via the Website; or (ii) clicking on the “Unsubscribe” link in the e-mail messages that we may send to you. In any case, Propagation Labs will not knowingly share your personal information with any advertisers, without your explicit consent and as allowed for under this Privacy Policy;
to create aggregated and/ or anonymous data (where such data does not enable the identification of a specific user). See “How does Propagation Labs use aggregated information”, below;
to conduct surveys and questionnaires;
to share your submissions with other users of the Services and to facilitate communication between you, Propagation Labs and other users;
to enforce the Terms of Use;
to contact you when Propagation Labs believes it to be necessary;
to comply with any applicable law and assist law enforcement agencies under any applicable law, when Propagation Labs has a good faith belief that Propagation Labs’s cooperation with the law enforcement agencies is legally mandated or meets the applicable legal standards and procedures;
to prevent fraud, misappropriation, infringements, identity theft and other illegal activities and misuse of the Services;
to handle breakdowns and malfunctions;
to take any action in any case of dispute, or legal proceeding of any kind between you and the Service, or between you and other users or third parties with respect to, or in relation with the Service;
for purposes provided under this Privacy Policy and the Terms of Use.
Please note that the username you enter will be used to identify you when you use the Services. Your username will be included along with any information you submit for posting. It will therefore be visible to others and your location and information will continue to be collected by Propagation Labs for the purposes listed in this Privacy Policy.
You may also provide additional information that will be used to personalize the Services and enhance your experience with the Services.
Further information may be collected when Propagation Labs exchanges communications with you, for example, if you submit a request, contact Propagation Labs’s support team, or report a violation to the abuse team.
Personal information that you share
The Services are based on a community of users publicly sharing information with Propagation Labs and with other members of that community.
In particular, users may choose to share personal information such as name, age, gender, picture, their location information and reports. This information may be shared either directly to the Service and to all users, such as in the case of snow profile locations or route conditions, or just to communicate with others on Propagation Labs. This information may also be shared via third party services (such as social networks) which interact with the Service upon such users’ choice.
In general, with the exception of professional organizations or particular commercial entities, the content that you share to all users is neither private nor confidential and you should not have any expectation of privacy with respect to it. Particular organizations and entities may have reason to share their information only on a limited basis and accordingly, such organizations, which have special subscriptions to the Service, are exceptions to the public nature of the information shared. However, for all others, the information you upload will be posted along with other personal information. Therefore, you must exercise caution and common sense when submitting information. At the very least you should demonstrate the same degree of caution as when publishing personal information by means other than the Internet and cellular services.
You can decide whether or not to upload content to the Services. However any content that you submit for posting publicly, may be viewed by all users of the Services and by Propagation Labs.
In any event (but except as detailed below with respect to information shared from your social network accounts according to your privacy settings for such social network accounts), your email address will not be visible to others through any reports or user posts that you share or upload.
We, at Propagation Labs, take great measures to provide you with the best experience you can have while using the Service. However, Propagation Labs has no control over the conduct of any user and disclaims all liability in this regard. Users are advised to carefully and thoroughly consider whether or not to make public or available any information and carefully examine all necessary details related to any communication with other users prior to any engagement or communication being made.
Participating in any user’s activities as a result, directly or indirectly, from using Propagation Labs, is entirely at your own risk. Propagation Labs is not a party to any agreement entered into between the users in any circumstances. The user has the sole and ultimate responsibility regarding compliance with all laws, regulation or any other duty. We do not accept any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with your participation in any activity or event initiated, held or conducted by a user or a third party nor in connection to any agreement between the users or third parties, including any activity or event related in any way, directly or indirectly, the Services or the use thereof.
Integration with social networks
You may choose to share information between your Account and your social network account (such as Facebook). Through this option, you may choose to have personal information and other content about you available from social networks, transmitted and shared through the Services. Similarly, you may choose to have personal information and other content about you available from Propagation Labs, including your snowpit locations and route information, transmitted to and shared through your social network account.
By setting your Account to integrate with social networks including by signing onto Propagation Labs by using your social network account (such as your Facebook account), you agree to share information (including personal information) between Propagation Labs and such social networks, for the purposes provided under this Privacy Policy.
The social network’s use of information made available by Propagation Labs is governed by that social network’s privacy policy and controlled by the social network, not by this Privacy Policy or Propagation Labs.
When you connect to the social network account through the Services for the first time or otherwise make the Services interact with your social network account, you will be asked to permit the social network to share your personal information stored on such social network with the Services. We collect your information from your social network account only in accordance with your privacy settings you have set up under your social network accounts.
Accordingly we only collect such information which you allowed the social network(s) to share with third parties (such as your name, email address, list of friends, profile picture, other information you make publicly available via the applicable social network). You understand that the Services may access, make available and store (if applicable and as permitted by the third party social network and authorized by you) such information so that it is available on and through your Account.
Please note that certain information which you have defined as private on your third party social network accounts may become public to other Propagation Labs Users through the Services if you have defined such information to be public on the Services. For example, if you designate your social network username as “private”in your social network account (to the extent possible under said settings), but have elected to set your Propagation Labs account settings as public, then the username will become public on the Propagation Labs service.
Meta-data that we collect
Propagation Labs collects information about the use of the Services. For example, Propagation Labs may record the frequency and scope of your use of the Services, the duration of your sessions, information about the device on which you have installed the Application, the web pages that you visit via the Application, information that you read, content that you use or create, advertisements that you view or click on, your communications with other users and third parties, the Internet protocol (IP) address and the name of the domain that serve you to access the Services, your email address.
Accessing the Services
In order to access certain features of the Services you will need to set up a username.
Propagation Labs may also establish and require from time to time additional or different means of identification and authentication for logging in and accessing the Services or for accessing certain features or designated sections of the Services.
Your log-in details are your responsibility. You are fully accountable for any use or misuse of your Account and personal details as a result of conveying your details to someone else. You must maintain your log-in details in absolute confidentiality and avoid disclosing them to others. Make sure that you change your password frequently and at least once every six months.
Sharing information with others
Propagation Labs does not sell, rent or lease your personal information to third parties.
Propagation Labs will not share your personal information with others, without your consent, except for the following purposes and to the extent necessary in Propagation Labs' good-faith discretion:
Propagation Labs, at its sole discretion, may share the information it collects with particular entities which it believes advance its mission and that such sharing is accretive to advancing public safety.
as necessary for the operation of the Services. For example, making public avalanche incidents you report and which are associated with your username and your snowpit locations;
If Propagation Labs reasonably believes that you have breached the Terms of Use, or abused your rights to use the Services, or performed any act or omission that Propagation Labs reasonably believes to be violating any applicable law, rules, or regulations. Propagation Labs may share your information in these cases, with law enforcement agencies and other competent authorities and with any third party as may be required to handle any result of your wrongdoing;
If Propagation Labs is required, or reasonably believes that it is required by law to share or disclose your information;
In any case of dispute, or legal proceeding of any kind between you and Propagation Labs, or between you and other users with respect to, or in relation with the Services;
In any case where Propagation Labs reasonably believes that sharing information is necessary to prevent imminent physical damage or damage to property;
If Propagation Labs organizes the operation of the Services within a different framework, or through another legal structure or entity, or if Propagation Labs is acquired by, or merged into or with another entity, or if Propagation Labs enters bankruptcy, provided however, that those entities agree to be bound by the provisions of this Privacy Policy, with respective changes taken into consideration;
For facilitating the Service and to store your data on servers located in the U.S.A and the European Union.
To collect, hold and manage your personal information through cloud based or hosting services or a third party or a party affiliated or connected to Propagation Labs, as reasonable for business purposes, which may be located in countries outside of your jurisdiction, including but not limited to the United States of America.
Propagation Labs may also share personal information with companies or organizations connected or affiliated with Propagation Labs, such as subsidiaries, sister-companies and parent companies. Personal information may also be shared with Propagation Labs' other partners and service providers to process it for us, based on our instructions and in compliance with this policy and any other appropriate confidentiality and security measures.
Controlling your personal information
If you would like us to delete your Account, your username and your personal information, please contact us at contact@PropagationLabs.com.
On receiving such a request, Propagation Labs will use reasonable efforts to delete such information, however please note we may not delete information immediately from our back-up systems.
Your location and submission history is associated with your Account and your username.
This information is held by Propagation Labs associated with your Account and username/ unique identifier for such limited period of time as is necessary in order for Propagation Labs to be able to use the information for the purposes described in this Privacy Policy. At the end of this period of time, Propagation Labs will then anonymize or delete your snowpit location data and route information.
If you find that the information associated with your Account is not accurate, complete or updated, then you must make all necessary changes to correct it. Please keep in mind that false, incorrect, or outdated information may prevent you from setting up a username and impair the ability to provide you with Services.
How does Propagation Labs use aggregated information?
Propagation Labs may use anonymous, statistical or aggregated information (including anonymous location information), in a form that does not enable the identification of a specific user, for research purposes, to properly operate the Services, to improve the quality of the Services, to enhance your experience, to create new services and features, including customized services, to change or cancel existing content or service, and for further internal, commercial and statistical purposes.
Propagation Labs may also use anonymous, statistical or aggregated information collected on the Services, in a form that does not enable the identification of a specific user, by posting, disseminating, transmitting or otherwise communicating or making available such information to users of the Services, to the Services’ providers, partners and any other third party. For example, GPS information that we receive from your mobile device may be provided to map editors in an aggregated and/ or anonymous form to help improve the map and solve map problems.
Cookies
Propagation Labs may use cookies on the Services. Cookies are packets of information sent by the Website’s servers to your web browser and then sent back by the browser each time it accesses the Website’s servers.
Propagation Labs may use cookies for various purposes, such as to save you the need to re-enter your username and password each time you log-in, to facilitate the use of the Website, to collect statistical information, to verify information, and to customize the Website to your personal preferences and for information security purposes.
Some of the cookies may expire when the session ends and you exit your browser. Other cookies are saved on your computer’s hard drive. If you wish to block the Website’s cookies, then please use the help button in your browser and follow the necessary instructions. However, bear in mind that disabling cookies may complicate or even prevent your use of the Website, or certain features thereof.
Advertising campaigns
Propagation Labs may permit, solicit or contract certain other companies to conduct advertising campaigns on the Services.
The information and advertisements that you see when accessing the Services may be targeted on the basis of:
geographic or contextual information which we collect from you; as well as
your search query history.
You hereby agree that we may provide such information and advertisements targeted on the basis of your search query history..
When you visit a third party website from the Application, such third party may use cookies on your computer. The third party’s use of cookies is subject to their own privacy policies and not to this Privacy Policy. If you wish to study the privacy policies of those third parties you should visit their services, or contact them directly.
The Service includes an internal messaging system which provides you the ability to send and receive messages to and from other users, and to receive marketing messages from us. You hereby agree that we may use the internal messaging system for the purpose of informing you regarding products or services, which may interest you.
Please note however that other Propagation Labs users are not allowed to use your contact details or our internal messaging account for commercial advertising purposes. If you have encountered any user generated advertising material, please inform us through the channels listed on the “About” menu in the Software or through the “Contact Us” page on the Site. Propagation Labs does not accept any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with any user’s advertising material.
It is clarified that we are not responsible for the content of said advertisements and the products delivered or services rendered thereby by third parties and you irrevocably and unconditionally agree that we shall not be held responsible or liable in connection thereof.
Information Security
Propagation Labs considers information security to be a top priority. Propagation Labs implements systems, applications and procedures to secure your personal information, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information. However, these measures are unable to provide absolute assurance. Therefore, although Propagation Labs takes great efforts to protect your personal information, Propagation Labs cannot guarantee and you cannot reasonably expect that Propagation Labs's databases will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.
Changes to this Privacy Policy
Propagation Labs may from time to time change the terms of this Privacy Policy. Substantial changes will take effect 30 days after Propagation Labs has posted a:
system message to users notifying them of changes to the Privacy Policy; and
notification on the Website’s homepage or any other relevant web pages, explaining the changes to the Privacy Policy alongside a comparison of the “old” and “new” versions of the Privacy Policy.
Other changes will take effect 7 days after their initial posting on the Website. However, if Propagation Labs amends this Privacy Policy to comply with legal requirements, the amendments will become effective immediately upon their initial posting, or as required.
You agree to be bound by any of the changes made in the terms of this Privacy Policy. Continuing to use the Services will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, you must avoid any further use of the Services.