SharkShout Privacy Policy
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This is the SharkShout Privacy Policy. The SharkShout Manual can be found here (it may take a few moments; we recommend that you use a desktop or phone or pad to read the Manual).
Implied Consent
By using the SharkShout Apple Watch 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 Privacy Policy”). This web page is part of the SharkShout user manual document and web page (variously referred to in this document and the Redwines Garage website as the “SharkShout Documentation”, the “SharkShout User Guide”, the “SharkShout Instructions”, the “SharkShout Manual”, or similar). By using the SharkShout Apple Watch application program, you also agree and consent to be bound by the terms described in the SharkShout Manual.
What is SharkShout?
The SharkShout Apple Watch application program (the “App”) is a messaging program (software). The purpose of the App is to assist the user in sending and receiving simple messages for entertainment purposes while engaging in recreational SCUBA diving.
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, water temperature, or depth, which an actual “Dive Computer” might also display.
The App is only intended to be used by certified SCUBA divers and is currently only intended to be used on the Apple Watch Ultra.
Who is Redwines Garage?
Redwines Garage (the “App Developer”) (“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 and 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 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 watchOS operating system (the “watchOS”) 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 watchOS 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 100.
Does SharkShout transmit any content anywhere?
Nothing that you don’t see and 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 not do so “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) Apple Watch, 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 Apple Watches
The App requires the use of the Apple Watch speaker(s) in order to encode and play messages as audible tones.
Correspondingly, the App also requires the use of the Apple Watch microphone to listen for tones which it can decode back into messages from copies of the App running on other Apple Watches. This functionality is highly experimental. This functionality is not expected to work without external amplification hardware. 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 text, 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 is running while the Apple Watch is in air (not submerged).
Are my messages readable by anyone?
Yes. Messages that you send using SharkShout 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 3 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 Apple Watch.
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 watchOS inter-process security, this cannot be guaranteed by the App Developer. After 100 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 Apple Watch.
Does SharkShout save or send my location anywhere?
No.
Although the App requires the use of the Location Services part of the watchOS in order to periodically display the compass heading in the upper left hand corner, neither your heading nor your location is ever transmitted or saved.
Does SharkShout save or send my motion activity anywhere?
No.
Although the App requires the use of the motion services part of the watchOS in order to detect the wiggle-clockwise, wiggle-counterclockwise, and thrust-down gestures which are interpreted by the App as scrolling commands, none of this information is ever transmitted or saved.
Does SharkShout save or send my biometrics anywhere?
No.
The App does not use biometrics data (e.g. heart rate, pulse oximetry, etc). None of this information is ever used, nor transmitted or saved.
Does SharkShout 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 settings screen.
Does SharkShout 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 and visual and aural transmission upon user demand only. No network or mass storage “write” watchOS API calls are made anywhere in SharkShout.
How long does SharkShout retain my data?
Only the last 100 messages sent or received are stored (in application memory).
Deleting the SharkShout app will thus delete all recent messages as well. However, no mitigations or guarantees are made regarding any forensic efforts by third of fourth parties to retrieve such data.
What rights do I have over my data?
Deleting the SharkShout app should delete the entire Conversation, as seen from your end.
However, any messages which you sent and which were successfully received by others 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 100 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 SCUBA diving, “SNUBA” diving, “free” 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 Watch Ultra is not necessarily considered a true diving device, and may not perform as expected. 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.