Below is a guide and relevant information about how we collect, use, disclose, and protect information that applies to our Service, and your choices about the collection and use of your information.
Consumer Privacy at Smash.com INC. Updated: June 6th 2014
4. How Your Information is Used
b. Order and Payment Processing, Customer Service, Credit Card Issuers and Quality Assurance: We use contact information to help us efficiently perform transactions, to deliver the services you have requested, to perform quality assurance, sales analysis and other business analysis, and to contact you in connection with any orders that you have placed with us. We may also provide your contact information to your credit card issuer or to credit card processors for their purposes. No other use of your financial information will be made except to satisfy any law, regulation, governmental request, or judicial order. When you make a purchase through the Services, or register with the Services, you will provide us with an email address where we, or these service providers, may contact you for the purposes described in this paragraph.
c. Contacting You for Offers and Promotions: You agree, in consideration for the use of the Services provided by Smash.com, to allow Smash.com to use your PII to send you marketing and promotional materials. Company may also send you marketing and promotional materials that promote third party products. Company will not rent or sell your personal information for use by third parties. These materials may include, but are not limited to: newsletters providing you with additional information on how to use the Services, and promotional offers for goods and services from Company or third parties.
d. Use of Demographic Information: Smash.com may use your demographic information to perform business analyses or to tailor the Services and communications to your interests.
5. Sharing Information
Third parties providing services on our behalf: We may engage third parties to perform services in connection with the operation of our business. Examples of these services include: (a) product customization, (b) marketing and promotional material distribution, (c) website evaluation, (d) data collection, storage, management, analysis and, where applicable, cleansing, and (e) any other services designed to assist us in maximizing our business potential. These third parties may have access the Services’ user information, including PII, to the extent it is needed to perform their duties and functions.
Company Security: We may release information about our users, including PII, when legally required to do so, at the request of governmental authorities conducting an investigation or to verify or enforce compliance with the policies governing our Services and applicable laws. We may also disclose such user information whenever we believe disclosure is necessary to protect the rights, property or safety of Company, or any of our respective affiliates, business partners, customers or others.
Aggregate Information: We may disclose non-identifying, aggregated user statistics to third parties for a variety of purposes, including describing our Services to prospective partners and other third parties. Examples of such non-personal information include the number of users who visited the Services during a specific time period or purchased a specific product through the Services.
Promotions: If you choose to enter a contest, sweepstakes or promotion, your PII may be disclosed to third parties in connection with such promotion, including without limitation for purposes of posting your entry with attribution or otherwise as permitted in the official rules for the promotion in question, fulfilling your prize or including your name on a winners list. Also, by entering a promotion, we may require you to consent to the use of your PII or other information, such as name, voice or likeness, in advertising, promotional and marketing materials. In addition, we may offer certain promotional content, such as a sweepstakes, sponsored by or co-branded with a third party, who may obtain the PII that you submit.
Flash Cookies: The Services enable the use of the Adobe Flash Player. Adobe’s Flash Player is used by the vast majority of websites that offer video and other interactive content. By default, your use of the Adobe Flash Player generates “flash cookies” (also known as “persistent identification elements” or “local shared objects”). Adobe provides a short disclosure about Flash Cookies in its End User License Agreement, stating “Use of the web players, specifically the Flash Player, will enable the Software to store certain user settings as a local shared object on your computer. These settings are not associated with you, but allow you to configure certain settings within the Flash Player.” The Adobe Flash Player (and similar applications) use flash cookies to remember user settings, preferences and usage similar to the browser cookies referenced above, but flash cookies can store more information than browser cookies and are managed through a different interface than the one provided by your web browser. You can control the degree to which you accept flash cookies by accessing your Adobe Flash Player management tools directly through the settings manager for Adobe Flash, located at http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. If you do not allow flash cookies to take any disc space on your computer, you may not be able to take advantage of or participate in certain features on the Services. Users with a computer running the Windows operating system can view flash cookie files in this folder: Documents and Settings[username]Application DataMacromediaFlash Player. Users with a computer running the Apple operating system can view flash cookie files in this folder: /users/[username]/Library/Preferences/macromedia/Flash Player. Flash cookies, or LSO files are stored typically with an “.SOL” extension.
Although the Adobe Flash Player is used by the vast majority of websites that offer video content and/or games, it is not the only technology being used in the ever-shifting online and mobile content environment. HTML5 is an increasingly popular web standard used for presenting content, especially content delivered to mobile devices. HTML is the mark-up language used for the World Wide Web. Almost all web pages you visit on the internet are based around HTML code. HTML5 is simply the fifth and latest iteration of this mark-up language that allows for more interactive web pages. One of the real benefits of HTML5 is its potential to standardize the highly fragmented rich-media universe. Some HTML5 code may allow your response to advertising and other activities to be monitored across websites and such information to be stored on your computer or mobile device. Technology solutions that allow users to opt-out of or block this sort of tracking are being developed through browser add-ons and other tools.
Session IDs: “Session IDs” allow us to identify a particular user across multiple web page requests. This Session ID is maintained within your cookie file, where possible. If cookies are not enabled, or if the user’s internet browser program does not support cookies then Smash.com will place the Session ID in the requested web page. This allows the end user to avoid having to continually re-enter Certain information such as account name and password for every web page request. This Session ID expires whenever the user closes their internet browser.
IP Address: Each time you visit the Services, we automatically collect your IP address and the web page from which you came. In order to administer and optimize the Services for you and to diagnose problems with the Services, we use your IP address to help identify you and to gather broad demographic information about you.
Banner Ads: The Services may include the use of ad banner partners for the serving and/or targeting of ads, promotions, and other marketing messages. These ads may be provided, in some cases, by a third party ad service provider. The ad service provider may place or utilize their own unique cookie on your browser, and may use non-personally identifiable information about your visit to our Services, such as the number of times you have viewed the ad. Smash.com is not responsible for the collection of these cookies and is not responsible for the actions of the ad service providers. Smash.com does not sponsor, endorse or guarantee any products or services advertised by third parties on its site.
Direct Linking URLs or Hotlinking: In order to provide more relevant advertising and monitor user bandwidth usage (as governed by the Smash.com Terms of Service), Smash.com may gather data from the referer logs that identify where and how frequently user images being hosted by the Services are being displayed on third party sites.
7. Information from Other Sites
8. Ad Serving Technology
In addition, Smash.com may use pixels, or transparent GIF files, to help manage online advertising. These GIF files are provided by our ad management partners (each, a “Management Partner”). These files enable our Management Partners to recognize a unique cookie on your Web browser. The cookie was placed by us, or by another advertiser who works with the applicable Management Partner. The Management Partner may set and access its own cookies on your Web browser in order to serve ads it believes may be of interest to you based on the profile information you provided to us at registration (e.g., demographic information) as well as information collected about you by the applicable Management Partner elsewhere on the Web. Management Partners may use information about you gathered from the Services (including your demographic information provided to us upon registration as well as your browsing behavior on the Website) to serve third party ads to you elsewhere on the Internet. For more information about how cookies work, please visit the Network Advertising Initiative’s homepage.
9. Social Networking
Smash.com may offer you the possibility to connect your accounts from third party social networking sites, such as Facebook and Twitter (each, a “Social Networking Site”), with the Services by an application programming interface (API) or other software. By allowing Smash.com to connect with your accounts on such Social Networking Sites, you consent to Smash.com’s accessing the information in those accounts, which information may include PII. You likewise consent to Smash.com’s publishing on the Services any such information or actions you take on other such Social Networking Sites. Any information accessed or published from your account on a Social Networking Site on the Services is subject to Smash.com’s Terms of Service. It is your choice whether to use any such Social Networking Site, and you understand that in some instances such Social Networking Sites may request to access and publish information about you or your friends that is included in your Smash.com Account.
10. Non-US Users
If you are not a resident of the United States, you understand and agree that Smash.com collects, stores and processes your information on computers located in the United States, and by providing any data to Smash.com, you agree and unconditionally consent to the transfer of such information to the United States.
11. Security Precautions
Smash.com has security measures in place to help protect against the loss, misuse and alteration of the information under our control. We use secure socket layer (SSL) technology to help protect the security of commerce transactions. We encrypt your contact information and financial information as it travels over the Internet and we store your financial information on our servers in encrypted form. Your information may be transferred to and maintained in whole or in part on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and may be stored on equipment or in facilities leased or licensed from third parties. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information and make all commercially reasonable efforts to do so, Smash.com cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. However, once we receive your transmission, we make our best effort to ensure its security on our systems.
12. How to Contact Us
13. Your choices/unsubscribe
You will have an opportunity to unsubscribe from receiving promotional material from the Services by clicking on an “unsubscribe” hyperlink contained in promotional emails we send you. Additionally you may send us a message using our “Contact Us” page. Because customer lists often are prepared well in advance of an offering (sometimes a few months before the offer is made), you may continue to receive some offers after you send us a request not to use your information for specified marketing purposes. Please be aware that we will process your request as quickly as we reasonably can, but it may not be possible to update our systems immediately. We appreciate your patience and understanding in giving us time to carry out your request.
In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.
Finally, if you do not exercise your opt-out choices upon registration or otherwise at the time the PII is provided, it may take some time to process your opt-out choices. Our systems require time to update, and promotional mailings using PII shared before your opt-out may already be in process. Thus, your PII might continue to be shared with third parties for promotional purposes for some time after you make your request, For similar reasons, if your PII is shared with a third party, Company largely or completely loses control over how that information is used. Thus, even after you have opted out of allowing us to share your PII, you might continue to receive promotional materials from third parties unless and until you duly register your opt-out request with each third party in question.
14. Notice to California Residents/Your California Privacy Rights
15. Choice of Law
By using the Services in any way, you unconditionally consent and agree that:
(1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the officers, directors and employees of Company and its parent, subsidiaries, affiliates (all such individuals and entities collectively referred to herein as the “Company Entities”) arising out of, relating to, or connected in any way with the Services or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS;
(2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16;
(3) the arbitration shall be held in Miami, Florida;
(5) the arbitrator shall apply Florida law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law;
(6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable Company Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated;
(7) the arbitrator shall not have the power to award punitive damages against you or any Company Entity;
(8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Company Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Company agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and
(9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Company shall be entitled to arbitrate their dispute.
For more information on JAMS and/or the rules of JAMS, visit their website at http://www.jamsadr.com.