Snowbird App Terms &
Effective Date: November 1st, 2020
The Information We Collect
The following provides examples of the type of information that we collect from you:
- E-mail address;
- Telephone and/or cellphone number;
- Date of birth;
- Mailing address;
- Geolocation information;
- Login information such as username and password;
- Health tracker information;
- Group member information; and
- Uploaded content such as pictures and messages.
Much of the information we collect is directly provided by you when you communicate with us and upload information to the Application. However, we collect additional information directly through your device or your use of the Application, as discussed below. We may also receive information through our affiliates, service providers, and other third parties. For more specific privacy considerations relating to third party data sharing, please see the Sections “Linked Sites” and “Special Disclosure Considerations for Social Media and Public Portions of the Application”
Your Usage Information
We may collect certain information as a result of your use of, and interaction with, the Application (“Usage Information”). For example, the Application automatically collects information from the browser, mobile and/or wearable platform that you use to access the Application, including your location, device sensor data and health tracker application information.
Please note that location information is an especially important aspect of this Application. To determine your location information, we may use numerous technologies, including location services of the applicable operating system or browser, GPS, RFID, and sensor data from your devices, along with nearby Wi-Fi access points and cell towers. Subject to your device’s permissions, the Application may continue to use your device’s background location as well in order to provide our services, including notifying you of friends, events, or other relevant information near you. This means that we may have access to your location even if you are not directly interacting with the Application.
Please note that we also use third-party analytics service providers, including Google Analytics, to assist us with the collection and analysis of the usage information messaged above. For more information regarding how Google Analytics collects and processes data, please read the information provided by Google at its website.
Use of Information Collected
By providing your Information to us, you consent to our use of your Information in the following ways:
- To provide the Application (including messaging and location functionality);
- To provide services, products or classes that you request;
- To provide location-enabled tracking of your activity;
- To provide location-enabled tracking of a group member’s activity;
- To provide a chatting service among your friends.
- To combine with or enhance information provided by third parties;
- To contact you, respond to your inquiries, and send you information;
- To notify you of special offers and other services that we believe may be of interest to you;
- To improve ongoing services;
- To improve the resort experience;
- To analyze, manage and improve the Application;
- To notify you of important new changes to the Application;
- To enforce our agreements and rules; or
- To help us diagnose problems with our server or other technical issues relating to the performance of the Application.
It is our policy to require only the Personal Information necessary to complete the specific transaction that you request. We do not condition your participation in any specific activity on our Application, or the receipt of any products or services, on the disclosure of more Personal Information than is reasonably necessary.
Disclosure of your Information
- To third-party applications at your direction or otherwise with your consent (e.g., sharing with your mobile or wearable device health applications);
- To our contractors, service providers, and other third parties we use to support our business and Application;
- When we have reason to believe that such disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, customers or other users of the Application, or anyone else who could be harmed by such activities, or is appropriate or necessary to enforce any terms and conditions of our Application or other agreements, take precautions against liability, investigate and defend against any third-party claims or allegations, and/or protect the security or integrity of the Application;
- To respond to judicial process and provide Information to law enforcement agencies in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law, or in the good-faith belief that such action is necessary to comply with state and federal laws;
- To our business partners for research, analytical and marketing purposes, such as analyzing usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Application and/or to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such Information on our behalf; or
- Otherwise with your consent.
As noted above, the Application provides ways for you to share your Information with others. This may include ways to publicly make your Information available (e.g. on publicly-accessible part of the Application) as well as directly to other users (e.g., sharing your location with the groups that you join through the Application).
We may transfer or assign the Information we have collected as part of such merger, acquisition, sale, or other change of control. In such transactions, your Personal Information may be included in the transferred business assets. Also, in the event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your Personal Information is treated, transferred, or used and your Information may be included in the transferred assets. We may use your Information to identify and develop products and services that may be of interest to you and/or share Information with certain third parties for direct marketing purposes with respect to special offers, products, services, programs, promotions, surveys, publications, invitations or other opportunities that may be of interest to certain demographic groups. Under the laws of some jurisdictions, you may be entitled to request disclosure regarding how we share your Information with third parties for direct marketing purposes (“Information-Sharing Disclosure”). To the extent required by applicable law, we shall provide the Information-Sharing Disclosure to you upon request made in writing to 3165 East Millrock Drive, Suite 150, Holladay, Utah 84121, Attn: Legal Department/Privacy or firstname.lastname@example.org. Except as explained above, we will not share any of your Personal Information with any third party, unless we have received your express permission to do so.
Additionally, we may disclose aggregated or anonymized information that does not identify you without limitation.
- Access or Request a Copy of your Personal Information. You have the right to request a copy of any Personal Information that we hold about you. If you would like a copy of your personal information, please contact us using the contact information below. We may request proof of your identity before sharing such information. If you discover that the information we hold about you is incorrect or out of date, you may ask us to correct that information by contacting us using the contact information below. You may also access certain of the information that we maintain about you in the settings of your profile on the Application in the settings menu under “Privacy Settings”.
- Unsubscribe . If you receive marketing emails from us, you can unsubscribe to our emails by clicking “unsubscribe” within each email. You may not opt-out of service-related communications, which are not promotional in nature.
- Location Information. Please note that a key purpose of this Application is to provide location sharing services to you and your group members. If you access the Application using a mobile device, you may adjust the settings on your mobile device to allow or prevent the sharing of location information. For example, you can disable “Location” (or “Location Services” on iOS-based devices) on your mobile device to prevent sharing your location information with us. Please refer to instructions provided by your mobile service provider or the manufacturer of your mobile device to learn how to adjust your mobile device settings. Please note that if you disable the sharing of location information, you may be unable to access some features of our Application that are designed for mobile devices.
- Third-Party Application Information . Certain information that may be shared with the Application is only shared subject to the permissions you set on your device. For example, you may share health information (including active energy, downhill snow sports distance, and workout information) if you permit the Application to have access to that information. We encourage you to review your privacy settings and permissions on your mobile or wearable devices to make sure that you are only sharing the information that you would like to share. When you register your use of the Application, you will have the ability to control what information you share, and certain information may also be controlled through your mobile or wearable device settings.
Additionally, if you are located outside of the United States, you may also contact us using the contact information below with a request to stop processing the Personal Information we hold about you in certain circumstances or to withdraw your consent to the extent we are processing your Personal Information based upon your consent. It may not be possible for us to cease processing all of the Personal Information we hold about you where we are fulfilling a transaction or have a legal basis to retain the Personal Information, however please contact us using the contact information below to discuss how we can assist you with your request.
Special Disclosure Considerations for the Application
Our Application may permit you to participate in certain activities, such as leader boards and group messaging. You should be aware that if you voluntarily disclose any Information (e.g., name, email address, personal photographs) on this Application, such Information may be collected and used by others. For example, anyone on the Application will be able to view the leader boards, and everyone in your group as well as Snowbird, will have access to Information posted in group chats. We have no control over another user of the Application’s use of your Information and are not be responsible for it. You should only share your Information, including your location information, with people and/or groups that you know and trust.
How We Protect Personal Information
No method of transmission over the Internet, or method of electronic storage, is fully secure. While we use reasonable efforts to protect your Personal Information submitted via the Application from unauthorized access, use or disclosure, we cannot guarantee the security of your Personal Information. In the event that we are required by law to inform you of a breach to your Personal Information, we may notify you electronically, in writing, or by telephone, if permitted to do so by law.
We will retain your Personal Information for as long as needed to fulfill your requests, provide you services, comply with our legal obligations, resolve disputes and enforce our agreements.
Where We Store Your Personal Information
We are located, and the Application is hosted, in the United States of America. In order for us to provide our services to you, it will be necessary for us to process and store Personal Information you provide to us in the United States of America, which may have different data protection laws than those in the country in which you reside.
Attn: Legal Department/Privacy
3165 East Millrock Drive, Suite 150
Holladay, UT 84121
Terms & Conditions
Effective Date: November 1st, 2020
The Services are in some cases designed to permit others to visualize your location (your mobile device) on a map or by communicating your distance and general direction. They are also in some cases designed to provide you with the ability to know when you are broadcasting your location and with the ability to limit the duration of such broadcast. Nonetheless, use of the Services may involve special risks associated with other persons knowing your location. You should only share such information with those that you trust. You should not endanger yourself or others by viewing a portable mobile device while driving, operating dangerous mechanical devices, engaging in sports activities or in other situations in which you should be observing your surroundings.
3. Location-Based Services.
4. Scope of and Restrictions on Use.
- collect information from the Services using an automated software tool or manually on a mass basis;
- use automated means to access the Services, or gain unauthorized access to the Services or to any account or computer system connected to the Services;
- obtain, or attempt to obtain, access to areas of the Application or our systems that are not intended for access by you;
- “flood” the Services with requests or otherwise overburden, disrupt, or harm the Services or our systems;
- restrict or inhibit other users from accessing or using the Services;
- modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Application or in the Content; or
- access or use the Services or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein.
If you download the Application, you further agree not to:
- copy the Application (except to install it on your Mobile Devices);
- modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
- reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application or any features or functionality of the Application to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
- remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.
The Services (including the Content) are owned by Snowbird and its licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Application are registered and unregistered marks of Snowbird and its licensors. The Application is licensed, not sold, to you. You acknowledge and agree that, as between you and Snowbird, Snowbird is and shall remain the sole owner of the Services and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.
6. Account Registration and Security.
Access to and use of certain Services may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You may not share your account with anyone or allow anyone else to access or use your account. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify Snowbird of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.
7. User Content.
7.1. User Content and Restrictions.
The Services may enable users to submit, upload, post, share, display, or transmit to other users (hereinafter, “post”) ideas, information, materials, and other user-generated content (collectively, “User Content”) and interact with others through user comment areas, message boards, and similar user-to-user areas. You may not post any User Content that:
- is unlawful, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy rights or right of publicity, or otherwise objectionable;
- constitutes or promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- infringes upon, misappropriates, or otherwise violates any intellectual property rights or other rights of a third party;
- encourages criminal conduct;
- contains false, misleading, fraudulent, or deceptive claims or content;
- gives the impression that it emanates from or is endorsed by Snowbird or any other person or entity, if this is not the case; or
- contains any virus, malware, spyware, or other harmful content or code.
7.2. Rights You Grant to Us.
You hereby grant to Snowbird an irrevocable, perpetual, non-exclusive, transferable, sublicensable, royalty-free, worldwide right and license to use, reproduce, display, perform, distribute, and prepare derivative works of any User Content you post on or through the Services for any purpose and in all forms and all media, whether now known or that become known in the future, and you waive any and all claims that you may have now or may hereafter have in any jurisdiction to so-called “rental rights,” “moral rights,” and all rights of “droit moral” in that User Content, even if the User Content is altered or changed in a manner not agreeable to you. If you post User Content, you represent and warrant to Snowbird that you own or control all rights in and to such User Content and have the right to grant the rights above to us.
7.3. No Responsibility.
You agree that you are solely responsible for your User Content, and you acknowledge and agree that Snowbird is not responsible for, and does not endorse, any User Content.
7.4. No Obligation to Prescreen, Monitor or Use.
Snowbird does not have, and does not undertake, any obligation to prescreen, monitor, edit, or remove any User Content posted on or through the Services. However, Snowbird retains the right (but not the obligation), in its sole discretion and for any reason, to prescreen, monitor, edit, remove, or move User Content posted on or through the Services. You acknowledge and agree that we are not obligated to post, keep, or use your User Content.
7.5. Submitted Ideas.
8. Electronic Communications.
The communications between you and Snowbird via the Services use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
9. Other Terms and Conditions.
All purchases made through the Services or other transactions for the sale of products or services formed through the Services shall be governed by separate terms of sale.
11. Sweepstakes, Contests, and Games.
12. Application Updates.
13. Change and Suspension.
13.1. Changes to the Services.
Snowbird reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Services or any portion thereof (including any Content) at any time. You agree that Snowbird will not be liable to you or to any third party for any such change, suspension, or discontinuance.
13.2. Suspension/Termination of Access.
14. Disclaimer; Limitation of Liability.
14.1. Disclaimer of Warranties.
THE SERVICES, THE APPLICATION AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND SNOWBIRD HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER SNOWBIRD NOR ANY PERSON ASSOCIATED WITH SNOWBIRD MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES, THE APPLICATION OR ANY CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER SNOWBIRD NOR ANYONE ASSOCIATED WITH SNOWBIRD REPRESENTS OR WARRANTS THAT THE SERVICES, THE APPLICATION OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES, THE APPLICATION, CONTENT, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES, THE APPLICATION OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
14.2. Limitation of Liability.
14.3. Basis of Bargain.
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APPLICATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS, AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section 14 may not apply to you.
16. Copyright Infringement.
Snowbird take claims of copyright infringement seriously. It is Snowbird’s policy to disable and/or terminate the accounts of users who are repeat infringers. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any Content accessible on the Application infringes your copyright, you may request removal of such Content (or access thereto) by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), your written notice of alleged copyright infringement must include substantially the following:
- your physical or electronic signature;
- identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Application, a representative list of such works;
- identification of the Content you believe to be infringing in a sufficiently precise manner to allow us to locate that Content;
- adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address);
- a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
- a statement that the information in your written notice is accurate; and
- a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated agent to receive DMCA notices is:
Attn: Legal Department/Privacy
3165 East Millrock Drive, Suite 150
Holladay, UT 84121
*NOTE: This contact information is for inquiries regarding potential copyright infringement only.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective. Please be aware that if you knowingly materially misrepresent that Content on the Application is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
17. Third-party Materials.
The Services may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, “Third-party Materials”). You acknowledge and agree that Snowbird is not responsible for any Third-party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. Snowbird does not assume and will not have any liability to you or any other person or entity for any Third-party Materials. Third-party Materials and links thereto are provided solely as a convenience to you, and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.
18. Notice Regarding Apple.
19.1. Geographic Restrictions.
Snowbird is based in the State of Utah in the United States. We make no claims that the Services or the Content are accessible or appropriate outside of the United States. Access to and use of the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
19.2. Governing Law; Jurisdiction and Venue.
19.3. Waiver and Severability.
19.4. Entire Agreement.
Attn: Legal Department/Privacy
3165 East Millrock Drive, Suite 150
Holladay, UT 84121