Legal

Content License Agreement

The content available via our iOS and Android mobile apps, and at app.watchduty.org, is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

End User License Agreement

‍Last Modified: August 13, 2022

Welcome to Watch Duty! Please read these Terms of Use, our Website Privacy Policy available here, and our Platform Privacy Policy available here (collectively the “Terms”) carefully, as you agree that you consent to these Terms by your use of the website, app.watchduty.org, the mobile application, Watch Duty, and Sherwood Forestry Service, Inc.’s services, as described further below. 
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‍Acceptance of the Terms of Use
‍These terms of use are entered into by and between you and Sherwood Forestry Service, Inc. (“Charity,” “we,” “our,” or “us”), and they govern your access to and use of the app.watchduty.org website, Watch Duty mobile application, and/or Charity software (collectively the “Platform”), including any content, functionality, and services offered on or through the Platform, whether as a guest or a registered user.   

Please read the Terms carefully before you start to use the Platform. By downloading or using the Platform, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policies (referenced above), incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policies, do not download, access, or use the Platform (and if already downloaded, delete the Platform form your mobile device) or any Charity Services, but please get in touch with us so we can try to help.‍

‍Term
‍This agreement remains in full force and effect while you use the Platform or have the Platform downloaded on your mobile device. All provisions of the Terms shall survive termination by either party, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. 

‍Eligibility
‍The Platform is intended only for access and use by individuals at least eighteen (18) years old. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Platform.

‍Changes to the Terms of Use

‍We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all download and access to and use of the Platform thereafter. Your continued use of the Platform or our services following the posting of revised Terms means you accept and agree to the changes.

‍The Platform
‍The Platform is a downloadable mobile application, which can also be accessed via a web browser, that helps citizens and first responders recognize and track danger from extreme weather events as a means of attempting to keep everyone informed and safe. The Platform includes influence from skilled radio operators, firefighters, and citizen information officers who provide up-to-the-minute information to users of the Platform. The Platform may also include information and content pulled from public channels, including but not limited to, police and fire scanners, satellite data, fixed and aerial photography. When the Platform includes information and content pulled from public channels, the Charity will endeavor to ensure that the appropriate credit is given to the owner of the information and content as it appears on the Platform. 

‍User Contributions  
The Platform contains interactive features that allow users to submit and display to other users or other persons, including the general public, (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Platform. User Contributions submitted to the Platform undergo the Charity’s human-powered moderation process and if approved, are then published and displayed on the Platform.  

You retain your rights, including ownership rights, to any User Contribution you submit (or that is subsequently posted on the Platform); however, any User Contribution you submit and that are subsequently published or displayed on the Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a worldwide, perpetual, irrevocable, transferrable, sublicensable, royalty-free license to sublicense, use, reproduce, copy, modify, create derivative works of, publicly perform, publicly display, distribute, and otherwise disclose to third parties and/or exploit in any manner any such material for any purpose. 

This license authorizes the Charity      to make your User Contributions available to other companies, organizations, or individuals for the broadcast, publication, distribution, or promotion of such User Contributions on other media and services, including news publications and television     outlets. This license further allows such other media and services to make your User Contributions otherwise available in a similar fashion without first obtaining consent from you to do so. Any additional uses shall be made without additional compensation paid to you with respect to such User Contributions and you agree that your ability to use the Platform is sufficient compensation for the User Contributions and the grant of rights herein. 

If your User Contributions are used consistently with the license referenced in the previous paragraphs, you shall still retain your rights in the User Contributions, however, such third-party that utilizes your content will attribute such User Contributions to the Charity and the Platform. 

You represent and warrant that:
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- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us, our affiliates and service providers, and other such media or media services that may utilize the User Contributions from the Platform, and each of their and our respective licensees, successors, and assigns.
- All of your User Contributions do and will comply with these Terms of Use.
- Neither the User Contributions nor your submission or otherwise making available of such User Contributions, nor the Charity’s use of the User Contributions as permitted herein, will infringe, misappropriate, or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Charity, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions submitted by you or any other user of the Platform that is subsequently published or posted to the Platform.

‍Third-Party Use of User Contributions
‍If you are a user of the Platform associated with a media or media service, including but not limited to a news publication or television outlet, that wishes to utilize another user’s User Contributions     , you are granted permission to do so only to the extent provided in these Terms, however, you must always provide credit of such User Contribution by      crediting the Charity and the Watch Duty Platform with the use of the Charity Marks (as defined below).  If you are using a User Contribution, make sure the User Contribution is real, exists on the Platform, and that you have not altered the User Contribution. You are prohibited      from pulling aspects of the User Contribution out of context or using it in a manner that is editorialized or discriminates      based on the content.

The Charity reserves the right to cancel, modify, or change this policy with respect to User Contributions at any time and in its absolute and sole discretion. You may use the Charity Marks solely for the purpose outlined in these Terms. You further represent and warrant:
 
- You will not alter the Charity Marks, in any manner outside of how they appear on the Charity’s websites and/or Platform.
- You may only use the Charity Marks consistent with these Terms.
- You may not use the Charity Marks in any manner that implies the Charity sponsors or endorses you, your company, or your organization (without the express written permission and consent of the Charity).
- The Charity Marks are the exclusive property of the Charity, and all goodwill generated through your use of the Marks will insure to the sole benefit of the Charity. Further, you will not take any action that is in conflict with the Charity’s rights in, or ownership of, the Marks.

Any violation will automatically result in a termination of any permission granted related to your use of the Charity Marks and the User Contributions, and you shall immediately remove all Charity Marks and User Contributions and any reference to the Charity Marks and User Contributions from any platform, website, or media that you have previously used the Charity Marks and the User Contributions. 

‍Accessing the Platform and Account Security
‍We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users (including registered users) or to the general public.

You do not need an account to access or use the Platform, however, if you wish to submit a User Contribution, you will be asked to create an account and provide us with your email address (outside of the User Contribution, this is the only information we will collect from you). You may still access and use the Platform without creating an account and if you decline to provide your email address. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with the Platform, if you choose to create an account, or otherwise is governed by our Privacy Policies, and you consent to all actions we take with respect to your information consistent with our Privacy Policies.

If you create an account, you are solely responsible for maintaining the confidentiality of your account information, as well as any and all activities that occur under your account. You must immediately notify us of any unauthorized use of your account and any other such security breach. We will not be liable for any loss that may occur as a result of someone else using your account, with or without your knowledge. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, the username or other identifier associated with your account is crude or inappropriate or you have violated any provision of these Terms of Use.

‍Changes to the Platform
‍We may update the content on the Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.

‍Licensed Application
‍If you download the Charity’s mobile application, you agree and understand that the mobile application and all related products and software (collectively, the “Application”) are licensed, not sold, to you for use only under these Terms of Use. You do not acquire any ownership interest in the Application under these Terms of Use, and the Charity reserves all rights not expressly granted to you.

This license granted to you for the Application by the Charity is limited to a non-transferable license to download and use the Application on any device that you own or control and as permitted by these Terms of Use and any other terms that may apply when you download the Application. You may not rent, lease, lend, sell, redistribute, or sublicense the Application. You may not copy (except as expressly permitted herein), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, translate, adapt, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Application). Any attempt to do so is a violation of the rights of the Charity and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by the Charity that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

This license is in addition to any license terms required by Apple, Google, or any other source from which you may download the Application, and all are binding on you. In the event that this license conflicts with other license terms, these terms control.

‍Payments on the Platform; Donations
‍The Platform currently is free to all users. The Charity does not currently collect a fee for a user’s access and use of the Platform, however, the Charity does offer the opportunity for users to make donations through the Platform via Apply Pay or credit card payment processing. To be clear, you are able to access and use the Platform at all times (subject to availability and these Terms) without paying or donating any amounts. If you wish to make a voluntary donation via check, wire, or ACH payment, please contact      donations@watchduty.org. If you complete a Donation, your payment may be processed by and be subject to the processing terms of a third party the Charity uses to process such payment, such as those applicable to Apple Pay, which can be found here. The Terms will be updated to provide you with the applicable terms for any such additional credit card/payment processor.

‍Feedback
‍In the event that you provide us any ideas, thoughts, criticisms, suggested improvements, or other feedback related to Platform (collectively “Feedback”), you agree we may use the Feedback to: (a) improve our Platform and (b) promote the Platform, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Platform or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.

‍Intellectual Property Rights
‍The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Charity, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Platform for your personal, non-commercial use only, subject to the following restrictions: 
- You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Platform, except as it is created and owned by you.
- You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Charity. 


‍Trademarks  

The Charity name and logo, and all related names, logos, product and service names, designs, and slogans (collectively, the “Charity Marks”) are the property of the Charity or its affiliates or licensors. Except as expressly provided in these Terms, you must not use such marks without the prior written permission of the Charity. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.

‍Reporting Claims of Copyright Infringement
‍We take claims of copyright infringement seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using the Platform, you may request removal of those materials from the Platform by submitting written notification to our Copyright Agent at legal@watchduty.org. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

- Your name.
- The name and description of the work that is being infringed. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- 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. 
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of these requirements, your DMCA Notice may not be effective. Additionally, if you knowingly misrepresent that material or activity on the Platform is infringing your copyright, you may be held liable for damages under Section 512(f) of the DMCA.It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

‍Prohibited Uses
‍You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Charity, a Charity employee, another user, or any other person or entity. 
- In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm or offend the Charity or users of the Platform or expose them to liability.

Additionally, you agree not to:
- Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
- Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
- Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Platform.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Take any action that may damage or falsify the Charity or Platform rating.
- Otherwise attempt to interfere with the proper working of the Platform.

‍Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason at our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for the Charity.
- Disclose your identity or other information that we have about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
- Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE CHARITY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

‍Reliance on Information Posted
We do not warrant the accuracy, completeness, or usefulness of any information on the Platform. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

The Platform includes content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Charity, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Charity. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

‍Links from the Platform  
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

‍Users Outside the U.S.
‍The Platform is controlled and operated from the United States and is subject to its laws. If you choose to access the Platform outside of the United States, you do so at your own risk and are responsible for complying with all applicable laws, rules, and regulations. 

‍Disclaimer of Warranties
‍YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE CHARITY NOR ANY PERSON ASSOCIATED WITH THE CHARITY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE CHARITY NOR ANYONE ASSOCIATED WITH THE CHARITY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS, EXPECTATIONS, OR BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES.

THE CHARITY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

‍Limitation on Liability
‍IN NO EVENT WILL THE CHARITY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE CHARITY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE CHARITY FOR THE APPLICATION OR APPLICABLE SERVICES IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.  

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

‍Indemnification  
You agree to defend, indemnify, and hold harmless the Charity, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Platform.

‍Governing Law
‍All matters relating to the Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provisions or rules.

‍Arbitration
‍At the Charity’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.  '

‍Waiver and Severability
No waiver by the Charity of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Charity to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

‍Entire Agreement  
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Charity with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform. Your Comments and Concerns  The Platform is operated by Sherwood Forestry Service, Inc.  All feedback, comments, requests for technical support and other communications relating to the Platform should be directed to: legal@watchduty.org. 

Privacy Policy

Last modified: August 13, 2022

‍Introduction  
Sherwood Forestry Service, Inc. (“Charity,” “our,” “we”) respects your privacy and is committed to protecting it through our compliance with this Privacy Policy. This Privacy Policy is part of and incorporated into our Terms of Use available here and our Website Privacy Policy available here.

In this policy we describe the types of information we may collect from you or that you may provide when you use our website, app.watchduty.org, and/or when you download, register with, access, or use the Watch Duty mobile application (collectively, the “Platform”) and our practices for collecting, using, protecting, and disclosing that information.

This policy applies to information we, and not third parties, collect:

- On the Platform;
- In email and other electronic messages between you and the Platform;
- Through mobile and desktop resources you download from the Platform;
- When you interact with our advertising and the Platform on third-party applications and services, if those services or advertising include links to this policy.

It does not apply to information collected by:
- Us offline or through any other means, including on any other website operated by Charity or any third party; or
- Any third party including through any application or content (including advertising) that may link to or be accessible from or on the Platform.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it, as you agree to this Privacy Policy by using the Platform. If you do not agree with our policies and practices, do not download or use the Platform.  

‍Children Under the Age of 13  
The Platform is not intended for children under 13 years of age and you are not allowed to use the Platform or provide information on it if you are under 13 years of age. If we learn we have received personal information from or about a child under 13 without verification of parental consent, we will delete that information immediately. If you believe we might have any information from or about a child under 13, please contact us immediately at legal@watchduty.org.

If you are based in the European Economic Area (“EEA”) you may only use the Platform if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of the Platform has been provided to us.

‍Information We Collect And How We Collect It
‍We collect several types of information from and about users of the Platform, including:

- by which you may be personally identified, such as your e-mail address (“personal information”);
-that you voluntarily enter, such as your email address;
-Information and other content that you provide when you use the Platform, such as photographs or videos, and the information in the content that you provide, such as the location of a photo or video or the date a file was created;
- Content and other information provided by or obtained through (i) other users of the Platform and/or (ii) public resources, including but not limited to radio scanners and public wildfire cameras, that may include information about you, such as when (x) other users share or (y) public resources share, upload, host, or display, a photograph or video that may include you, be about you, or originally be sourced by you (in which case if such content and other information is obtained through public resources, Charity will provide appropriate attribution to the rightful owner if such content is posted or hosted on the Platform;
- Information about your internet connection, the equipment you use to access the Platform, and Platform usage details.

We collect this information:

-First, directly from you when you provide it to us, such as providing us your email address.
-Second, we collect generic information about your usage and equipment automatically as you navigate through the Platform, such as usage details, IP addresses, and web browser preferences if you access the Platform via your desktop or device information, such as your mobile device information and internet connection, your device’s unique device identifier, operating system, mobile network information, and metadata and other information associated with other files stored on your device, if you access the Platform via the mobile application you download to your mobile device. Such information may be collected using Google Analytics. Although we do not correlate tracking information to individuals, some information collected, such as IP addresses and device identifier, will be unique.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Platform, or transmitted to other users of the Platform or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to the Platform at your own risk. Additionally, we cannot control the actions of other users of the Platform with whom you may choose to share your User Contributions outside of the Platform. The Platform is available to the general public and Platform users do not need to be signed in or have an account to view or access much of the content on the Platform and it may be the case that your User Contributions may end up in the news publications or television outlets. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons or other members of the general public.

Before User Contributions are posted to the Platform, such User Contributions shall undergo Charity’s moderation process. When you submit a User Contribution for review and posting, you are consenting to us disclosing this information as broadly as possible. If posted to the Platform, we reserve the right, at Charity’s sole discretion, to remove, either temporarily or permanently, any User Contribution for any reason whatsoever.

Charity’s right to remove any User Contribution and Charity’s moderation process does not obligate Charity to police, review or verify User Contributions in any way.  At all times, Charity is not liable for any User Contributions.

The information we collect is used by the Charity to identify users and provide them with services, support, sales and marketing action, and to meet contractual obligations. You may choose not to provide personal information to the Platform.

In some countries, including countries in the EEA, the information referenced above in this Privacy Policy may be considered personal information under applicable data protection laws. If you do not want us to collect this information, do not use the Platform.

‍Do Not Track Settings
‍The Charity does not track its customers over time and across third party websites to provide targeted advertising, and therefore does not respond to Do Not Track (DNT) signals. However, some third-party websites track your browsing activities when you use their websites so that they can tailor their content to your preferences. If you are visiting such sites, your web browser may allow you to set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked.

‍Automated Decision-Making
‍We do not intend to use automated decision-making in relation to the information and data that you provide through the Platform.

‍First-Party Use of Cookies
‍In some cases, Charity may use cookies for technical reasons in order for the Platform to operate. Cookies are small data files that may be placed on your computer or mobile device when you visit a website or use your mobile device. Cookies are widely used by website and application owners to make the website and application work more efficiently and to provide reporting information. Charity employs the use of cookies for internal purposes to ensure that the Platform can function and is available for your use and access, however, Charity does not employ any other cookies or tracking technology, including but not limited for the purpose of targeted ads.  The cookies are managed by Charity and not a third-party. You can set your browser or mobile device to refuse all or some cookies, however, the cookies that Charity employs are essential and if you set your browser or mobile device to refuse such cookies, the Platform may not be available to you.

‍Third-Party Use of Cookies and Other Tracking Technologies
‍Except as outlined under “First Party Use of Cookies,” we do not intend to employ the use of other cookies or other tracking technologies to provide the content available on the Platform. We do, however, use Google Analytics to collect aggregate generic information about our users and their usage of the Platform, including information about your internet connection and device information and usage while on the Platform. We also use third-party embeds, such that those through YouTube and/or Twitter, as may be applicable. Such third-parties may employ the use of cookies. Please read Google Analytics’ Privacy Policy here, YouTube’s Privacy Policy here, and Twitter’s Privacy Policy here, and get in contact with Google Analytics, YouTube, and/or YouTube if you have questions or concerns about their privacy practices.

‍How We Use Your Information  
We use information that we collect about you or that you provide to us, including any personal information:
- To develop, provide, and improve the Platform and its services to you.
- To provide you with information, products, or services that you request from us.
- To provide you with notices about your account (if applicable).
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
- To notify you about changes to the Platform or any products or services we offer or provide through it.
- In any other way we may describe when you provide the information.

‍Sharing and Disclosure of Your Information  
We do not intend to share or disclose personal information that we collect or that you provide through the Platform to any outside third-party.

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose information that we collect or that you provide:
- To our subsidiaries and affiliates.
- To contractors, service providers, and other third parties we use to support our business.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Charity’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Charity about the Platform users is among the assets transferred.
- To fulfill the purpose for which you provide it. For example, if you give us a User Contribution to upload to the Platform, such content will undergo our moderation process and if approved, we will upload the content to the Platform.
- To other users on Platform to the extent that you include such information in a User Contribution.
- To other users to the extent that information about you is shared by someone else on the Platform.
- With your consent.
- For any other purpose disclosed by us when you provide the information.To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Charity, our customers, or others.

‍Data Retention
‍We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax, or accounting requirements).

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

‍Choices About How We Use and Disclose Your Personal InformationWe strive to provide you with choices regarding the personal information you provide to us. Currently, we do not intend to share or disclose the personal information you provide to us, however, if that does change, we will provide you with the mechanisms we’ve put into place to control the means and manner that we may share or disclose your personal information at that time. In the meantime, please get in contact with us via email at legal@watchduty.org if you have questions or concerns.

Here are additional mechanisms that provide you with control over your information:
‍
- Tracking Technologies. The Charity does not employ the use of cookies, however, it does employ the use of Google Analytics, and YouTube and Twitter (as provided in this Privacy Policy) to provide you with the Platform, which may employ the use of Cookies. You are encouraged to read Google Analytics Cookie Policy here, YouTube’s Privacy Policy here, and Twitter’s Privacy Policy here. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent.
- Location Information. You can choose whether or not to allow the Platform to collect and use real-time information about your device's location through the device's privacy settings. Such device location information will only be collected if you submit a User Contribution to be posted on the Platform. If you block the use of location information, some parts of the Platform may become inaccessible or not function properly. For instance, you will not be able to submit a User Contribution, such as a photo or video, if you block the use of location information.

We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

‍Accessing and Correcting Your Information
You can review and change your personal information by sending us an email at legal@watchduty.org to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Platform, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied, stored, displayed, or republished by other Platform users, including by not limited to general public members and news and television outlets.

‍Your California Privacy Rights  
California Civil Code Section § 1798.83 permits users of the Platform that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to legal@watchduty.org.

‍Transferring your information
‍The Charity is a worldwide service. By using the Platform, you authorize us to transfer and store your information outside your home country, including in the United States, for the purposes described in this policy. The privacy protections and the rights of authorities to access your information in these countries may not be the same as in your home country. We take additional measures when information is transferred from the European Economic Area (EEA). This includes having standard clauses approved by the European Commission in our contracts with parties that receive information outside the EEA. We also rely on European Commission adequacy decisions about certain countries, as applicable, for data transfers to countries outside the EEA.

‍Data Security  
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access. For example, we perform regular malware and security scanning of the Platform and all servers and computers used by us to support the Platform. All Charity employees and personnel are required to adhere to our security and confidentiality procedures and undergo training and adhere to best practices related to maintaining the security of user personal information.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.

‍EEA Users
‍You have options in relation to the information and data that we have about you.  To exercise any of the options discussed below, please contact us at legal@watchduty.org. If you’re an EEA user, you may:
- Access the information we have about you. We will make an effort to share this information with you within a reasonable time.
- Have your information corrected or deleted.
- Object to us processing your information. You can ask us to stop using your information, including when we use your information to send you marketing emails or push notifications. We only send you marketing material if you've agreed to it, but if you'd rather we don't, you can easily unsubscribe at any time by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you, or by emailing us at the email address above.
- Withdraw your consent for us to collect and process your personal information at any time.  Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
- Have the information you provided to us sent to another organization, where we hold this information with your consent or for the performance of a contract with you, where it's technically feasible.
- Complain to a regulator. If you're based in the EEA and think that we haven't complied with data protection laws, you have a right to lodge a complaint with the Data Protection Commission in Ireland or with your local supervisory authority.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

‍Legal Basis for Processing Personal Information
‍Our legal basis for collecting and using the personal information described in this Privacy Policy will depend on the personal information concerned and the specific context in which we collect it. However, we will normally collect personal information from you only (i) where we need the personal information to perform a contract with you (if any); (ii) where the processing is in our legitimate interests and not overridden by your rights; or (iii) where we have your consent to do so.  We have a legitimate interest in operating our Platform and communicating with you as necessary to provide this Platform, for example when responding to your queries, improving our website, undertaking marketing, or for the purposes of detecting or preventing illegal activities.

In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person. If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).

‍Third Party Links
‍The Platform may contain links that lead to other websites, and the Charity is not responsible for the privacy practices, content, and/or activities of these linked websites. Nonetheless, we seek to protect the integrity of the Platform and welcome any feedback about these external websites.

‍Changes to Our Privacy Policy  
We will post any changes we make to our privacy policy on this page, and you will be notified of any material changes in an email to the most recent email address that you provided to us, if any.

‍Contact Information
‍To ask questions or comment about this Privacy Policy and our privacy practices, contact us at legal@watchduty.org.