1.Personally Identifiable Information
“Personally Identifiable Information” means any information that may be used to identify an individual, such as, without limitation, a first and last name, home or other physical address, an email address, phone number or other contact information, whether at work or at home. This Site may contain features that require registration. If registration is required to use this Site or portions of this Site, Smash Chat may collect Personally Identifiable Information from you when you register such as the following: first and last name, address (including zip code), email address, telephone number, authentication data, age, company, country, and such other information. Smash Chat also automatically receives and records information on our server logs from your browser, including your internet protocol (IP) address, cookie information and the page you request. We may collect and store Personally Identifiable Information when you register to use our Site, ask a question, complete a form, access certain areas of our site, or send us an email. You can choose not to provide us with certain information, but then you might not be able to take advantage of many of our features and we may not be able to provide you with certain services.
For Personally Identifiable Information provided if and when applying for a job with us, we will use that information only to contact you regarding job opportunities that may be of interest. This information may also be used to contact you about announcements, administration, requests or inquires, your account, changes to our Site or policies, promotional offerings and other marketing activities, and requesting feedback through surveys and questionnaires.
We may from time to time send you promotional emails relating to our product, promotional, and services offerings. You are given the opportunity to opt-out of receiving promotional e-mails by simply following the “unsubscribe” instructions that appear in every email from us.
2.Non-Personally Identifiable Information
We, or our third party service providers, collect and store certain other information automatically whenever you interact with the Site. For example, we collect your internet protocol (IP) address, URL, browser information and reference site domain name every time you visit the Site. We also collect information regarding customer traffic patterns, site usage, hits to our server, Site, page views, date and time of your query, and navigational patterns. The information that is collected in this manner does not provide us with any Personally Identifiable Information about users. This non-personally identifiable information assists us in tracking the location of our users, helps determine high traffic areas and facilitates analysis of the most effective ways to communicate with our users. As part of that ongoing analysis, we may also use devices called “web beacons” to help us identify when emails sent to you have been received and read.
The non-personally identifiable information we collect is also used to analyze and improve the Site and to help us provide our customers with a fulfilling and pleasant online experience. We may also use the non-personally identifiable information for trouble shooting, performing administrative tasks, managing the Site, complying with laws and regulations, and to cooperate with law enforcement activities. We also may use this information in the aggregate to analyze Site usage and to gather broad demographic information.
3.Is The Information Shared, Stored or Disclosed?
Smash Chat does not rent or sell the Personally Identifiable Information it collects about you to or with third parties. Since there is no expectation of privacy Smash Chat may disclose Personally Identifiable Information if required to do so by law or in the belief that such action is necessary to: (a) comply with law or legal process, court order or a subpoena served on Smash Chat or the Site to cooperate with law enforcement authorities; (b) to work with law enforcement to investigate, prevent or take action regarding suspected or actual illegal activity or fraud on the Site; (c) protect and defend the rights, property or safety of us or Service Providers (defined below), licensees, business partners, agents, customers, users, or others; or (d) act in situations involving actual or potential threats to the physical safety of any person, violations of our agreements, abuse of this Site, security breaches of this Site, or as necessary to protect our systems, business, users or others. We may disclose the information obtained from you through the Site, including Personally Identifiable Information, to a successor entity as part of a merger, acquisition, or other sale of our assets or business or should we file for bankruptcy.
In addition, we may disclose aggregated information to advertisers. In these situations, we do not disclose to these entities any information that could be used to personally identify you. We may disclose volume or usage statistical information as a representative audience to advertisers.
We may contract with third-party providers, business partners or persons to provide certain products and services, including without limitation, operating, administering, maintaining or hosting the Site, payment processing, and authorization, distribution, data management, marketing and promotional support, trouble shooting, customer support, goods and services, or companies that offer affinity, frequent-user, and reward programs, etc., (“Service Providers”). We provide the Service Providers with the information needed for them to perform these services with the requirement that they use the information only in connection with their performance of these services for us. Our Service Providers may enlist third parties to perform services related to the operation of our business. Examples of these services include payment processing and authorization, order fulfillment and shipping, and Site hosting, marketing or evaluation. Our Service Providers may provide Personally Identifiable Information to these third parties, but we authorize them to use this information only in connection with the services the Service Providers perform for us. We disclaim all responsibility or liability for, and you hereby agree to hold us harmless from, the actions of such Service Providers. The use of your Personally Identifiable Information is subject to the privacy practices of such Service Providers, and their third parties, and the actions of such Service Providers, and their third parties, are outside of our control.
Webcam images may be captured from Smash Chat video chats, uploaded to Smash Chat’s servers, and monitored for misbehavior. Captured images may also be stored and used to improve Smash Chat’s monitoring process. Monitoring is not perfect, and you may still encounter users in video chat that are violating our terms of service, you are using the service at your own risk.
The records Smash Chat keeps about your chats may be shared with third parties for the purpose of law enforcement; to monitor and enforce compliance with Smash Chat’s terms of service; or to improve Smash Chat’s monitoring and enforcement processes.
Smash Chat uses Google Analytics to track non-personally-identifying statistical information about site usage. Google provides a browser add-on to opt out of Google Analytics.
4.How You Can Access or Change Your Information
If we offer an account registration process and you have signed up for an account with us on the Site, you can access or change your Personally Identifiable Information by logging into your account and editing your profile. You are responsible for maintaining the secrecy of your password and account information at all times.
If you do not have an account with us accessible on the Site, you can access or change your Personally Identifiable Information that we collect online and maintain by emailing us at info at Smash Chat dot com
We may retain original and updated information for reasons such as technical constraints, dispute resolution, troubleshooting, record retention, and enforcement of our agreements. For security purposes, we may request information to help verify your identity before granting access or making changes to your information.
5.Notice of Privacy Rights of California Residents
California Civil Code Section 1798.83 (“Code”) permits users of our Site who are California residents from whom we have received Personally Identifiable Information to request from us certain information regarding our disclosure of Personally Identifiable Information to third parties for their direct marketing purposes.
As required by the Code, at your request we will provide you with the categories of Personally Identifiable Information that we collect through the Site and the categories of third party persons or entities with whom such Personally Identifiable Information may be shared for direct marketing purposes. California law requires us to inform you, at your request, of (a) the categories of Personally Identifiable Information we collect and the third parties with whom we share that information; (b) the names and addresses of those third parties; and (c) examples of the products marketed by those third parties. To make such a request, please send an e-mail to info at Smash Chat dot com or write us at: 244 5th Ave. #1835, New York, NY 10001, United States.
The Code allows you to control the parties with whom we share Personally Identifiable Information and the specific Personally Identifiable Information which you do not wish to be shared with those third parties. When contacting us, please indicate your name, address, email address, and what Personally Identifiable Information you do not want us to share with third parties for direct marketing purposes. The request should be emailed to the attention of our Legal Department, info at Smash Chat.com and labeled “California Customer Choice Notice.” Please allow 30 days for a response. Please note that there is no charge for controlling the sharing of your Personally Identifiable Information or for processing this request.
We are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through the above email address.]
6.The Security of Your Information.
To help protect the privacy of the personal information you transmit through use of the Site, we use commercially reasonable security practices that are technically feasible for us to protect the user data we collect against unauthorized access, including without limitation, physical, technical, and administrative safeguards.
7.What Happens When You Link To or From Another Site.
Personally Identifiable Information collected on the Site may be stored and processed in the United States or any other country in which Smash Chat or its affiliates, subsidiaries or agents maintain facilities, and by using the Site, you consent to any such transfer of information outside of your country.
You agree to comply with all local laws, rules and regulations regarding online conduct and acceptable content. Without limiting the generality of the foregoing, you agree to comply with all applicable laws, rules and regulations regarding the transmission of data exported from the United States or the country in which you reside.
This Site is directed to persons 18 years of age or older (or for jurisdictions in which 18 years old is not the age of majority, at least the age of majority for such jurisdiction). This Site and Smash Chat do not knowingly collect Personal Information from persons under age 18 (or for jurisdictions in which 18 years old is not the age of majority, at least the age of majority for such jurisdiction) or children under age 13. Any person who provides their information to Smash Chat through the Site or any other part of the Site represents to Smash Chat that they are 18 years of age or older (or for jurisdictions in which 18 years old is not the age of majority, at least the age of majority for your jurisdiction). If you are under the age of 18 (or for jurisdictions in which 18 years old is not the age of majority, under the age of majority for your jurisdiction) you may not use, view, or access this Site and you must leave this Web site immediately by clicking here. If you are under age 13, you are not permitted to use this Site or to submit any Personal Information to the Site and you must leave this Web site immediately by clicking here.
11.Contacting Smash Chat.