SharkShout II Privacy Policy
About This Document and Other Links
This is the Privacy Policy specifically applicable to SharkShout II. SharkShout II is the iPhone version of the SharkShout Apple Watch App. The SharkShout Apple Watch App Manual can be found here. The SharkShout II iPhone App Manual can be found here.
Implied Consent
By using the SharkShout II iPhone application program, you acknowledge that you have read and understood, and that you agree and consent to be bound by, the contents of this entire document and web page (the “SharkShout II Privacy Policy”). This web page is part of the SharkShout II User Manual document and web page (variously referred to in this document and the Redwines Garage website as the “SharkShout II Documentation”, the “SharkShout II User Guide”, the “SharkShout II Instructions”, the “SharkShout II Manual”, or similar). By using the SharkShout II iPhone application program, you also agree and consent to be bound by the terms described in the SharkShout II Manual.
What is SharkShout? What is SharkShout II?
The SharkShout Apple Watch application program (“App”) and the SharkShout II iPhone application program (the “App” described in this document) are related but independent messaging programs (software). This is 3rd party software installable on an Apple Watch or iPhone via the Apple App Store.
The purpose of both SharkShout and SharkShout II Apps are to assist the user in sending and receiving simple messages, solely for entertainment purposes, while engaging in recreational SCUBA diving. They do this by interacting with the user to compose a message, and then displaying this message via a large scrolling banner for fellow drivers to read, as well as emitting the message as speech or as audio modem tones which might, under extremely favorable circumstances, and usually only with external hardware assistance, be receivable by another device also running the App.
The SharkShout II App (hereafter referred to as the “App”) is not a “Dive Computer”, as colloquially known, nor is it intended to be used in lieu of a “Dive Computer”, despite the fact that it might display, for purposes of convenience only, some information, such as the current compass heading, which an actual “Dive Computer” might also display.
The App is only intended to be used by certified SCUBA divers. You must provide an appropriate waterproof covering (case/pouch) for your iPhone which is adequately rated for the intended depth, and which preferably allows the use of the capacitive touch screen.
Who is Redwines Garage?
Redwines Garage (hereafter referred to as the “App Developer” or “we”) is and are a very small group of individuals who might, from time to time, publish small software and electronic solutions to problems that we find interesting.
We have no interest in collecting your (or anyone else’s) personal information. Any information collected is either necessary for App functioning or is purely incidental, due to our usage of standard Apple, Inc. (“Apple”) operating system services (“iOS”) Application Programming Interfaces (APIs), possible use of 3rd-party software libraries by Apple, Web tools such as WordPress and its plug-ins, plus any other software run locally or remotely in the course of your use of an Apple Watch or by the Internet Service Provider (ISP) firms or Web hosting firms that we use.
Does SharkShout II store any content permanently?
No.
Any collection, transmittal (other than as described below), or any permanent storage is unintended and purely coincidental. However, you are hereby advised that malfunctions in the Apple operating system(s) or the App might result in such unintended transmittal or storage.
The only means of message storage is a scrolling historical set of messages sent and messages received. This set of messages (the “Conversation”) is not saved to (is not stored in) mass storage and is not sent via the Internet (via WiFi, via the cellular network, or otherwise), via Bluetooth, or via any other networking protocol. Thus, if the maximum number of messages is exceeded, then the oldest messages are deleted; if the App is deleted, then all messages are deleted, where “deleted” refers to standard iOS deletion APIs and not to any heroic forensic post-hoc efforts which might be made, such as by law enforcement or other fourth parties. The maximum number of messages of all types (sent as well as received (from any party)) which is designed to be stored in the Conversation is 200.
Does SharkShout II transmit any content anywhere?
Nothing that you do not see or hear.
Messages (as visible on the Main Screen in the Conversation area) are the only content transmitted by the App. The only instance(s) that a message transmission is initiated is when you give a command to do so; the App will never do so autonomously “by itself”.
The only means of message transmission are: A one-time large scrolling (“Marquee”) visual display on the message-initiator’s (message author’s) iPhone, intended for direct display to other divers; and, a simultaneous, one-time, emission of a sequence of audio tones, intended for reception and decoding by other copies of the App running on other iPhones or other Apple Watches, or alternatively, spoken text-to-speech audio of the message.
The App requires the use of the iPhone’s speaker(s) in order to encode and play messages as audible tones. Correspondingly, the App also requires the use of the iPhone’s microphone to listen for tones which it can decode back into messages from copies of the App running on other iPhones or Apple Watches. This functionality is highly experimental. This functionality is provided for entertainment purposes only. The only media type supported by the App is text, whose alphabet consists of upper-case Latin letters, Arabic numerals, the space, a few basic symbols, and two emojis.
Nothing is sent via the Internet — not via WiFi, not via the cellular network, nor otherwise — nor via Bluetooth, nor via any other networking protocol. This is true even when SharkShout II is running while the iPhone is in air (not submerged).
Are my messages readable by anyone?
Yes. Messages that you send using SharkShout II are like things you say in public.
The messages, as transmitted by the audio tones, are not cryptographically scrambled — although they are encoded using a simple entropy and dictionary compression scheme, and may be sent using one of 2 semi-independent sets of tone frequencies (“channels”). The audio form of the messages are “broadcast” (or “party line”) in dispersal scope, and — although unlikely due to the highly experimental and technically difficult nature of underwater wireless communication — your message could theoretically be received by another party running the App or other compatible software.
In addition, the visible Marquee form of the messages can be seen by anyone who is in a position to view your iPhone.
There is explicitly no design nor expectation of privacy whatsoever in messages sent using the App. Indeed, a lack of privacy (that is, making your message manifest to as many as possible) is an explicit (safety) feature of, and reason for using, the App.
The Conversation, as stored in app memory, is also not encrypted. While not expected to be accessible by other apps, per standard Apple iOS inter-process security, this cannot be guaranteed by the App Developer. After 200 messages they will have scrolled beyond the top and they will then deleted, or they will all be deleted if you force-quit the App, uninstall the App, or reboot or reset your iPhone.
The Apple Watch and iPhone versions of the SharkShout audio communications tone protocols are compatible.
Does SharkShout II save or send my location anywhere?
No.
Although the App requires the use of the Location Services part of iOS in order to display the compass heading (continent-level location is needed for magnetic variation correction for True heading display), neither your heading nor your location is ever transmitted or saved.
Does SharkShout II save or send my motion activity anywhere?
No.
Although the App requires the use of the motion services part of iOS in order to detect the jerk-clockwise, jerk-counterclockwise, and thrust-down gestures which are interpreted by the App as alternative user interface browsing commands, none of this information is ever transmitted or saved.
Does SharkShout II save or send my biometrics anywhere?
No.
The App does not use any biometrics data (e.g. health records such as heart rate or pulse oximetry, or ID data such as fingerprints, Face ID, etc). None of this information is ever used, nor transmitted or saved.
Does SharkShout II save or send my identity anywhere?
Not really.
Your user identity, which is displayed on the Marquee and transmitted as part of the audio, is not your actual name; instead, it is one of 8 (7 names plus DiveMaster) fixed, ad-hoc, nicknames chosen by you in the SharkShout II settings screen.
Does SharkShout II share my data with anyone?
No.
Neither your settings nor your conversations are saved or stored or sent (transmitted) anywhere, other than in local application memory, cross-launch-storage, and visual and aural transmission upon user demand. No network or mass storage “write” iOS API calls are made anywhere in the SharkShout II iPhone App.
How long does SharkShout II retain my data?
Only the last 200 messages sent or received are stored (in restorable-across-launch application memory).
Deleting the SharkShout II iPhone App will thus delete all recent messages as well. However, no mitigations or guarantees are made regarding any forensic efforts by any parties to retrieve such data.
What rights do I have over my data?
Deleting the SharkShout II iPhone app should delete the entire Conversation, as seen from your end. However, any messages which you sent and which were successfully received by others, whether they are using the SharkShout Watch App or iPhone App, will remain on those others’ Conversations, and are no longer under your control. Only those others will be able to delete those messages (by deleting their App or by receiving more than 200 new messages). As stated earlier, note that the Channels offered by the App are to be considered “party lines”: they are public in nature. That is, any nearby SharkShout user will theoretically be able to receive all messages sent by any other SharkShout user on that Channel. In practice, this is expected to be rare, due to the difficult and highly experimental nature of underwater data transmission.
Hold Harmless
You acknowledge that any water sport, including but not limited to, power boating, row boating, sport fishing, spear fishing, abalone diving, jet skiing, sailing, surfing, windsurfing, kayaking, paddle boarding, kite surfing, high diving, SCUBA diving, “SNUBA” diving, free diving, technical diving, cave diving, snorkeling, or swimming is inherently dangerous and may lead to serious injury or death. You acknowledge that the App is highly experimental in nature, and may not perform as expected. You acknowledge that the Apple iPhone, even when encased in a proper waterproof and/or diving enclosure, is not necessarily considered a true diving device, and may not perform as expected. You understand that any failure of your iPhone enclosure while submerged will destroy your iPhone and void its warranty. You agree to hold harmless Ben A. Koning, Johan H. Koning, Shelly N. Koning, Redwines Garage, its principals, employees, contractors, associates, vendors, service providers, investors, and assigns, for any direct or incidental damages to yourself or others, including but not limited to death, injury, illness, lost wages, lost opportunities, property damage, emotional distress, or disappointment with respect to any expectations.