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TERMS OF USE AND PRIVACY STATEMENT (click to expand) ▿

EMPLOYEE TERMS OF USE AND PRIVACY STATEMENT


EpicEmployee is a mobile application and web platform (referred to herein jointly as “EpicEmployee”) designed to provide Vail Resorts employees with efficient access to information regarding the company, its policies, their company-provided benefits, and other subjects of interest. Installing or accessing EpicEmployee on your mobile device is for your own personal convenience, is completely voluntary, and is not an expectation or condition of employment. As described below, all information provided by the application can also be accessed through company-provided devices.

Before installing or accessing EpicEmployee, please read the following Terms of Use and Privacy Statement carefully. By accessing or using this application, you agree to be bound by the Terms of Use and Privacy Statement shown here and all terms, policies, guidelines, and disclosures incorporated by reference.

TERMS OF USE

 

  • EpicEmployee is offered exclusively as an informational resource for Vail Resorts employees. You may uninstall the EpicEmployee app from your mobile device at any time.

 

  • The Terms of Use and Privacy Statement shown here do not alter in any way the terms or conditions of any other agreements you may have with Vail Resorts or any of its corporate affiliates.

 

  • Use of EpicEmployee is subject to all terms, policies, and guidelines for the use of Vail Resorts Information Technology, which are incorporated here by reference and are available for review Direct Connect or NavEx.

 

  • Use of EpicEmployee is subject to all Vail Resorts personnel terms, policies, and guidelines, including but not limited to Vail Resorts’ Employee Guides, which are incorporated here by reference and are available for review on Direct Connect or NavEx. In particular, use of the EpicEmployee is subject to Vail Resorts’ policies regarding Computer Use, Social Media, Third Party Inquiries (Including Media) and Confidential Information, Employee Data and Files, Use of Personal Mobile Devices for Work, Motorized Equipment, Radios and Personal Electronic Devices, Non-Exempt Employees and Timekeeping, Travel and Entertainment, Mobile Device Policy, Driver Program, Driver Policy, and all other work rules related to computer and/or cell phone use while on duty. While these policies are called out for your particular attention, they are not an exhaustive list of the personnel terms, policies, and guidelines that are incorporated here by reference.

 

  • Employees are prohibited from using EpicEmployee to perform any work while “off-the-clock.” This includes, but is not limited to, a prohibition on performing any work during meal and rest breaks. Non-exempt employees may only use EpicEmployee while clocked in during their scheduled shifts or to complete required work-related activities. If you are classified as a non-exempt employee, you must maintain an accurate and complete employee time records (or the electronic equivalent) of any and all hours worked each day without exception. Depending on your work location, time may be recorded on a paper time card, as a web punch via your computer or by swiping your badge at Company time clock. Time records for all non-exempt employees must reflect the time the employee began working, stopped working for an unpaid meal break, returned from an unpaid meal break, and stopped working for the day. It is recognized that in certain situations it may be necessary to correct or enter missing time records. You are responsible for reporting any adjustments, inaccuracies or omissions to your Supervisor so that the Company can investigate the discrepancy and, as necessary, correct it and timely issue pay.  If your supervisor is not available, you must notify Human Resources via Get Help | DirectConnect. You may be subject to disciplinary action up to and including termination for submitting any inaccurate information on your time record. Supervisors are strictly prohibited from requiring employee use of EpicEmployee in violation of this policy. Supervisors requiring employee use of EpicEmployee in violation of this policy may face disciplinary action up to and including termination. Employee review and use of “Push Notifications” is strictly voluntary. Under no circumstances are employees ever required or obligated to review any “Push Notifications” transmitted to them through use of the EpicEmployee app.

 

  • Use of EpicEmployee is subject to the terms of your employment with Vail Resorts (employees working in the U.S. are subject to “at-will” employment; non-U.S. based employees’ employment is subject to an offer letter or employment agreement as applicable, as well as all applicable laws). These Terms of Use do not constitute a contract for employment or a guarantee of continuing employment with Vail Resorts. Use of EpicEmployee is not a condition of your employment with Vail Resorts and nothing herein changes the status of your at-will employment.

 

  • Vail Resorts is offering EpicEmployee as a convenience to its employees for their voluntary use during working hours. Information and functions accessible by EpicEmployee remain available through other means, including but not limited to: SuccessFactors, Lift/Saba, Concur, PeopleSoft, Service Now/Direct Connect, Coupa, Conga, Navex, InsideEpic, local transportation and community websites and resort specific websites. You may contact Human Resources through Direct Connect or People Connect if you have any questions regarding use of EpicEmployee.

 

  • Through EpicEmployee you may access other Vail Resorts services, such as the Emma Digital Mountain Assistant. Your use of these services is subject to the specific terms for those services.

 

  • You may use EpicEmployee to access information from third-party sites, such as information from third parties who administer benefits programs offered to Vail Resorts employees. Use of these third-party sites is subject to the terms and policies of those sites. You should independently verify the accuracy of any information you obtain from third-party sites through EpicEmployee. You agree to be solely responsible for your use of the third-party content found on or through the application. Vail Resorts does not have any control over any third-party content or sites, does not endorse or adopt any third-party content or sites, can make no guarantee as to the accuracy or completeness of any information provided by third parties, and undertakes no responsibility to update or review any third-party content or sites. Users of the application access and use third-party content and sites at their own risk.

 

  • Vail Resorts does not charge for wireless services or related cost of data usage for EpicEmployee. However, your mobile service provider may charge you for the services it provides that give you access to the application. You should check with your mobile carrier to learn about such charges. You are under no obligation to use the application, but bychoosing to use the application, you agree that Vail Resorts and its affiliates may communicate with you regarding the application by SMS, text message, email, or other electronic means but you are under no obligation to review these communications or respond to them except during working hours. Please refer to Vail Resort’s Travel and Entertainment policy and Mobile Device Policy for additional information.

 

  1. EpicEmployee is the property of Vail Resorts and is protected by U.S. and international copyright laws.

 

  1. You are granted a limited, non-exclusive, non-assignable, non-sub-licensable license to access and use the application for your own non-commercial purposes. Such license is subject to these terms and does not include or authorize: (a) any resale or commercialization of EpicEmployee, the company materials accessible through the application, or the content forwarded or displayed to you by the application; (b) the distribution, public performance or public display of any company materials; (c) modifying or otherwise making any derivative uses of the application or company materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading any portion of the application, company materials, or any information contained therein, except as expressly permitted by Vail Resorts; or (f) any use of the application or company materials other than for its intended purpose. Any use of EpicEmployee or company materials other than as specifically authorized herein, without the prior written permission of Vail Resorts, is strictly prohibited and will terminate your license. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

 

  1. EPICEMPLOYEE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. VAIL RESORTS DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VAIL RESORTS IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY THIRD-PARTY INFORMATION OR MATERIALS CONTAINED ON OR ACCESSED THROUGH THE APPLICATION. WHILE VAIL RESORTS ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE APPLICATION SAFE, VAIL RESORTS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION, OR ANY CONTENT OR MATERIALS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

  1. IN NO EVENT SHALL VAIL RESORTS OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF EPICEMPLOYEE OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE APPLICATION, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED THROUGH THE APPLICATION, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY'S RECORDS, PROGRAMS OR SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

 

  1. Vail Resorts reserves the right to change any and all content contained on or accessible through EpicEmployee at any time without notice.

 

  1. Vail Resorts reserves the right to change or modify the Terms of Use and Privacy Statement provided here at any time and in its sole discretion. For any material changes, Vail Resorts will provide an appropriate notice, including potentially posting a clear and prominent announcement or providing a direct communication. Any changes or modification will be effective immediately upon posting of the revisions. Your continued use of EpicEmployee following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should periodically review the Terms of Use, Privacy Statement, and the terms, policies, guidelines, and disclosures incorporated by reference. If you do not agree to updated terms, please stop using the application.

 

  1. These Terms of Use and your use of the application shall be governed by and construed in accordance with the laws of Colorado applicable to agreements made and to be entirely performed in Colorado, without resort to its conflict of law provisions.

 

  1. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

 

  1. Questions or comments about EpicEmployee may be directed VailResortsEmpComm@vailresorts.com.

 

PRIVACY STATEMENT


EpicEmployee is administered by a third-party service provider, Modo Labs. Modo Labs stores users’ login credentials and other attributes to provide secure access to EpicEmployee. Modo Labs also collects – from Vail Resorts, the user, or a user’s mobile device – but stores only on the application (except as noted below) the following information to personalize the user’s experience with the application: geolocation information, IP address, affiliated resort, employee ID, country of employment, managerial status, active/inactive status, year-round/seasonal status, first name, last name, job code, grade, department, location, job family, job function, work state, part-time/full-time status, employee class, time zone, visa status, seniority date, seniority years, division, multi-job status, and payroll calendar.

EpicEmployee, Vail Resorts, and Modo Labs do not collect or access any other personal information on your mobile device, such as your phone number, text messages, personal email accounts, photos, or other installed personal applications.

For performance purposes, Modo Labs may store data that users or their mobile devices provide to or access through the application for up to 8 hours. Modo Labs also collects anonymized and aggregated data regarding the use of the application, and makes such information available to Vail Resorts, to administer the application; perform security and fraud prevention functions; improve the application’s performance; and to make other improvements to the application’s offerings, function, or design.

Vail Resorts and Modo Labs only process the personal information necessary to fulfil the purposes and obligations for which such information is provided. Vail Resorts and Modo Labs do not sell or rent information that reasonably identifies you to unaffiliated third parties for their independent use.

Vail Resorts may share your information with companies that provide support services to us, in addition to Modo Labs. These companies may need information about you in order to perform their functions. These companies are only authorized to use the personal information we share with them for the purpose of delivering the service we hire them to provide. In addition, we only disclose the information they need to provide the specific service or function.

The manufacturer of your mobile device, the provider of the operating system for your device, and/or the operator of the app “store” from which you download the application also may obtain information on your downloading and/or use of the application, but such information is not provided by Modo Labs or Vail Resorts.

In certain special cases, we may disclose your information when we have reason to believe that disclosing this information is necessary to identify or contact you, or to provide you with emergency medical services, or bring legal action against someone who may be causing injury to you, Vail Resorts or someone else. We may disclose your information to a person who is seeking the information as your agent. We may disclose your information when we believe the law requires it; in response to any demand by law enforcement authorities in connection with a criminal investigation; in response to civil or administrative authorities in connection with a civil case, a governmental or administrative investigation, or in connection with an investigation conducted by Vail Resorts.

Modo Labs and Vail Resorts have implemented administrative, physical, and technical safeguards to protect EpicEmployee. Information is processed and stored on secured systems protected through a combination of encryption, electronic and physical access controls and other industry accepted security measures. While these measures are designed to minimize the risk of the loss, misuse, or alteration of information, no security system is perfect, and Modo Labs and Vail Resorts cannot guarantee the security of EpicEmployee.

By installing or accessing EpicEmployee, you consent and understand that your information may be transferred to countries outside of your country of residence, including but not limited to the United States, which may have data protection rules that are different from those of your country.

For more information regarding Vail Resorts’ processing of your personal information and use of cookies, as well as your data subject rights, and how to contact Vail Resorts regarding privacy issues or questions, please review the Vail Resorts Global Privacy and Cookie Policy 
https://www.snow.com/footer/privacy.aspx.

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By proceeding with the installation process, you acknowledge that you have read and understand all of the above, and wish to install the EpicEmployee app on your device.

If you do not wish to install or access EpicEmployee on your mobile device, do not proceed further and exit the application.