Privacy Policy

1. Introduction


This Platform is owned and operated by Smashmaker, Inc. (“Smashmaker”). By accessing or viewing this Platform, uploading content to this Platform, and/or participating in or using any service offered on this Platform (collectively and individually the “Services”), you agree to this Privacy Policy. Please review this Privacy Policy carefully as it forms a contract between you and Smashmaker. From time to time, Smashmaker may decide to modify, add, or delete portions of this Privacy Policy. If it does so, your continued use of the Services after any such changes have been made means you agree to such changes.
This Privacy Policy is incorporated into, and is part of, Smashmaker’s General Terms – All Users (“TERMS OF USE”), which also govern your use of the Services. Capitalized terms not defined in this Privacy Policy have the definitions provided in the Terms of Use.


2. Personal Information


Smashmaker collects and stores information that you enter in connection with the Services. To use some services, Smashmaker may collect limited personal information that can identify you or that can be used with other sources of information to identify you (“Personal Information”). For example, the creation of a User Profile requires you to submit your email address and opting in for SmashShare requires you provide your email, name, address, zip code and PayPal account address.
 

3. Anonymous Information
 

When you use the Platform, Smashmaker may also collect certain information that does not identify you individually (“Anonymous Information”). For example, Smashmaker may collect your IP address, browser information and Platform domain name every time you use the Services. Smashmaker may also collect information regarding user-traffic patterns and Platform usage.
 

4. Use of Cookies and Spyware
 

Smashmaker does not use or install spyware on your computer. Smashmaker does not use spyware to retrieve information from your computer. Like many websites or Platforms, Smashmaker uses “cookies,” which are files stored on your computer’s hard drive by your browser. Cookies help Smashmaker identify users and optimize their website experience. Most browsers accept cookies automatically but allow you to disable them. Smashmaker recommends that you leave cookies enabled so it can offer you a better website or Platform experience.
 

5. Use of Your Information
 
5.1.  Use of Anonymous Information
 

Smashmaker may use Anonymous Information to help it determine how its users interact with parts of the Services so it can improve the Services and make them more useful. Smashmaker may also use or share with others Anonymous Information in any other manner that Smashmaker deems appropriate or necessary.
 

5.2.  Use of Personal Information
 

Smashmaker’s Use of Your Personal Information.
 

Smashmaker may use your Personal Information to contact you about programs and opportunities related to the mission of Smashmaker. For example, Smashmaker may use your Personal Information to contact you about new offers, newsletters, action alerts, press releases, and information about Smashmaker programs or business.
 

Sharing of Personal Information with Third Parties 
 

Smashmaker may share your Personal Information with non-affiliated third parties that are trusted, like-minded businesses or organizations. Smashmaker may also exchange its support contact list for other organizations’ or businesses’ lists for targeted uses. 
You may opt out from having Smashmaker share your Personal Information to non-affiliated third parties by sending Smashmaker an email with “Opt Out of Third Party Sharing” in the subject line to legal@smashmaker.com

 

Third Party Agents
 

Smashmaker occasionally has third party agents that perform functions on its behalf, such as marketing, website development or hosting, web analytics, credit card processing, and fraud protection. These entities have access to the Personal Information needed to perform their functions and are contractually obligated to maintain the confidentiality and security of Personal Information. They are contractually restricted from using, selling, distributing or altering this data in any way other than to provide the requested services to the Platform.
 

5.3.  Public Forums
 

When you contribute to a public area of this Platform, such as when you upload Modified Recordings or other User Content, the content that you submit will be made available to the general public and will not be considered “Personal Information” for purposes of this Privacy Policy. Accordingly, Smashmaker recommends that you use caution when submitting any sensitive information such as your full name, home address, phone number, or other information that would enable users to locate you or information about you. Smashmaker also recommends that you preview all Modified Recordings or other User Content prior to submitting such content to ensure it contains no information that you are not comfortable sharing. Smashmaker does not make Personal Information publicly available in connection with your User Submissions.
 

5.4.  Legally Compelled Disclosures


Smashmaker may disclose Personal Information to government authorities, and to other third parties when compelled to do so under law (and/or under a reasonable interpretation of the law), including, without limitation, in response to court orders and subpoenas.
 

5.5.  Emergency Situations


Smashmaker may also use or disclose Personal Information if required to do so by law or in the good faith belief that such action is necessary to: (i) conform to applicable law; (ii) protect and defend its rights or property, the Platform or its users, and (iii) act under emergency circumstances to protect the personal safety of Smashmaker, its users, and others.
 

6. Links and Other Websites


This Privacy Policy only applies to the information collected while you are on the Smashmaker Platform. The Smashmaker Platform may contain links to other websites. This Privacy Policy does not apply to any information that may be collected on those other websites. For example, if you upload or share a video via the Platform, it may appear in the Smashfeed via YouTube. Accordingly, all user video content that appears in the Smashfeed is subject to YouTube’s privacy policy. Smashmaker has no responsibility for the information that may be collected on YouTube or other websites. Accordingly, you should use common sense as you navigate the web, be aware when you leave this Platform, and read the applicable legal documents for each website or service you visit.
 

7. Transfer in the Event of Reorganization


In the event that Smashmaker, any affiliate of Smashmaker, or substantially all of its assets, are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, Personal Information may be one of the transferred assets. For purposes of this policy, an “affiliate” of Smashmaker is an entity that is under the control of, or under common control with, Smashmaker.
 

8. Security
 

Smashmaker implements and maintains reasonable security procedures and practices appropriate to the nature of the information, to protect the personal information from unauthorized access, destruction, use, modification, or disclosure. You understand and agree, however, that no transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under the control of Smashmaker to intercept or access transmissions or private communications unlawfully, including in the case of your contacting Smashmaker by email or a “contact us” or similar feature on this Platform. Accordingly, though Smashmaker may take reasonable steps to protect the security and integrity of all Personal Information provided to the Services, due to the nature of the internet, Smashmaker cannot guarantee that information, during transmission through the internet or while stored on its system or otherwise in its care, will be absolutely safe from intrusion by others, such as hackers. Any such transmission is done at your own risk. Storage and security of video User Content and any metadata associated therewith, is pursuant to YouTube’s privacy policy.
 

If you receive an email or other correspondence requesting that you provide any sensitive information that seems suspicious to you, please do not provide such information, and report such request to us at feedback@smashmaker.com.
 

9. Users


This Platform is not intended for use by children under the age of 13. Smashmaker does not knowingly collect Personal Information from children under the age of 13. If you are under the age of 13, you must immediately discontinue use of this Platform. 
 

10. Jurisdiction.
 

This Privacy Policy will be interpreted under the laws of the United States of America. To the extent you are accessing this Platform from outside of the United States of America, you do so at your own risk. If you are located outside the United States of America, you should be aware that your Personal Information will be transferred to the United States of America, the laws of which may be deemed by the other countries to have inadequate data protection. If you are located in a country outside the United States of America and voluntarily submit Personal Information to Smashmaker, you consent to the general use of such information as provided in this Privacy Policy and to the transfer of that information to, and/or storage of that information in, the United States of America.
 

11. Your California Privacy Rights.
 

As of January 1, 2005, California Civil Code Section 1798.83 permits end users who are California residents to request certain information regarding disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to legal@smashmaker.com and include the phrase “1798.83 Privacy Request” in the email subject line.
 

12. Contact Us
 

If you have any questions or comments regarding SmashMaker’s privacy practices, you may contact us at feedback@smashmaker.com.

© 2019 by SmashMaker Entertainment Inc.