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Customers use our simple camera app to communicate their needs
so you can craft experiences that keep them coming back.

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Need to speak with us? Call 231-715-1861

PRIVACY POLICY

Last Modified: September 29th, 2019

SmashHound provides a simple way for you to share feedback with any business owner. You can share photo, video, and written feedback to any business you patronize.

When you use these services, along with any others we roll out in the future, you’ll inevitably share some information with us. Your privacy is important, so we want to clearly outline the information we collect, how we use it, whom we share it with, and the choices we give you to control, access, and update your information.
 
INFORMATION WE COLLECT

Information You Choose to Give Us
By interacting with our services, you choose to share certain information with us.  We collect information that you share with us.  For example, when you send information through services, such as photo or video feedback that you post to a business, we receive that information. Business owners and authorized users are able to save that information or copy it outside the app, so you should think critically about the content you share. If you wouldn’t want someone to save or share a piece of content, you should not post it.  

Information We Get When You Use Our Services
As you use our services, we collect information about which of those services you’ve used and how you’ve used them.

Usage Information. We collect information about your activity through our services. For example, we may collect information about:
how you interact with the services, such as which businesses you share feedback with.
Content Information. We collect information about the content you provide, such as hashtags on photo or video feedback, or the metadata that is provided with the content.
Device Information. We collect device-specific information, such as the hardware model, operating system version, advertising identifier, unique application identifiers, unique device identifiers, browser type, language, wireless network, and mobile network information (including the mobile phone number).
Camera. Many of our services require us to collect images and other information from your device’s camera. We’ll access your camera when you use SmashHound services, only after you have given us permission to do so.
Location Information.When you use our services we may collect information about your location. We may also collect information about your precise location using methods that include GPS, wireless networks, cell towers, Wi-Fi access points, and other sensors, such as gyroscopes, accelerometers, and compasses, only after you have given us permission to do so.

Information We Collect from Third Parties
We may obtain information from other companies that are owned or operated by us, or any other third-party sources, and combine that with the information we collect through our services.
We use the Google Places API for iOS. You may view the Google privacy policy at:  http://www.google.com/privacy.html.

HOW WE USE INFORMATION

SmashHound uses information to continually improve the products and services we make available for you to use. We do other things as well, such as:

develop, operate, improve, deliver, maintain, and protect our products and services and communicate with you
monitor and analyze trends and usage
enhance the safety and security of our products and services
use information we’ve collected from cookies and other technology to enhance the services and your experience with them
enforce our Terms of Service and other usage polices

We may also store some information locally on your device. For example, we may store information as local cache so that you can open the app and view content faster.

HOW WE SHARE INFORMATION

We may share information about you in the following ways:

With other users. We may share the following information with other users:
information about how you have interacted with the services, such as your smashcoin “total” and feedback “score.”
any additional information you have consented for us to share.
content you post will be accessible by other users. For example, feedback for a restaurant would be accessible to the owner of the restaurant and authorized users.
With all users and the general public. We may share the following information with all users as well as the general public:
any photo or video feedback that you submit to any business. If photo or video feedback is streamed on the web or broadcast in some other media, it may be viewed by the public at large.
With our affiliates. We may share information with entities within the SmashHound family of companies.
With third parties. We may share your information with the following third parties:
With service providers, sellers, and partners. We may share information about you with service providers who perform services on our behalf, sellers that provide goods through our services, and business partners that provide services and functionality.
With third parties for legal reasons. We may share information about you if we reasonably believe that disclosing the information is needed to:
comply with any valid legal process, government request, or applicable law, rule, or regulation;
investigate, remedy, or enforce potential Terms of Service violations;
protect the rights, property, and safety of us, our users, or others; or
detect and resolve any fraud or security concerns.
With third parties as part of a merger or acquisition. If SmashHound gets involved in a merger, asset sale, financing, liquidation or bankruptcy, or acquisition of all or some portion of our business to another company, we may share your information with that company before and after the transaction closes.
In the aggregate or after de-identification. We may also share with third parties, such as advertisers, aggregated or de-identified information that cannot reasonably be used to identify you.

INFORMATION YOU CHOOSE TO SHARE WITH THIRD PARTIES

The services may also contain third-party links and search results, include third-party integrations, or be a co-branded or third-party-branded service that’s being provided jointly with or by another company. By going to those links, using the third-party integration, or using a co-branded or third-party-branded service, you may be providing information (including personal information) directly to the third party, us, or both. You acknowledge and agree that we are not responsible for how those third parties collect or use your information. As always, we encourage you to review the privacy policies of every third-party website or service that you visit or use, including those third parties you interact with through our services.

HOW LONG WE KEEP YOUR CONTENT

SmashHound is a service, accessible by the public at large, that aggregates user generated photo and video feedback. Because a business can find value in feedback in the aggregate, we keep photo and video feedback you submit indefinitely.  
Finally, you should understand that users who see the content you provide can always save it using any number of techniques: screenshots, in-app functionality, or any other image-capture technology. It’s also possible, as with any digital information, that someone might be able to access content forensically or find them in a device’s temporary storage. And we may also retain certain information in backup for a limited period of time or as required by law.

CONTROL OVER YOUR INFORMATION

We want you to be in control of your information, so we provide you with the following tools.
Access and Updates. We strive to let you access and update most of the personal information that we have about you. There are limits though to the requests we’ll accommodate. We may reject a request for a number of reasons, including, for example, that the request risks the privacy of other users, requires technical efforts that are disproportionate to the request, is repetitive, or is unlawful.
Revoking Permissions. If you change your mind about our ongoing ability to collect information from certain sources that you have already consented to, such as your camera or location services, you can simply revoke your consent by changing the settings on your device if your device offers those options. Of course, if you do that, certain services may lose full functionality.

USERS OUTSIDE THE UNITED STATES

Although we welcome users from all over the world, keep in mind that no matter where you live or where you happen to use our services, we operate our services from the United States. This means that we may collect your personal information from, transfer it to, and store and process it in the United States and other countries whose local data-protection and privacy laws may offer fewer protections than those in your country of residence or from any country where you use or access the services.

CHILDREN

Our services are not intended for—and we don’t direct them to—anyone under 13. And that’s why we do not knowingly collect personal information from anyone under 13.

REVISIONS TO THE PRIVACY POLICY

We may change this privacy policy from time to time. But when we do, we’ll let you know one way or another. Sometimes, we’ll let you know by revising the date at the top of the privacy policy that’s available on our website. Other times, we may provide you with additional notice (such as adding a statement to our websites’ homepages or providing you with an in-app notification).

TERMS OF SERVICE

Effective: September 29, 2019

Thank you for deciding to use our products and services, all of which we refer to simply as the "Services." These Terms form a legally binding contract between you and SmashHound, Inc. Please read them carefully.

By using the Services, you agree to the Terms. If you don’t agree to the Terms, then don't use the Services.
 
1. Who Can Use the Services

No one under 13 is allowed to create an account or use the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully.

By using the Services, you state that:

You can form a binding contract with SmashHound;
You are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department's list of Specially Designated Nationals or face any other similar prohibition; and
You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.
 
2. Rights We Grant You

SmashHound grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Service's benefits in a way that these Terms and our usage policies allow.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.
 
3. Rights You Grant Us

Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content.

For all Services, you grant SmashHound a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.

You also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display content submitted to any crowd-sourced Services in any form and in any and all media or distribution methods (now known or later developed). To the extent it's necessary, you also grant SmashHound and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice solely in any crowd-sourced content that you appear in, create, upload, post, or send. This means, among other things, that you will not be entitled to any compensation from SmashHound or our business partners if your name, likeness, or voice is conveyed through any crowd-sourced Services.

While we're not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. You alone though remain responsible for the content you create, upload, post, send, or store through the Service.

The Services may contain advertisements. In consideration for SmashHound letting you access and use the Services, you agree that SmashHound, its affiliates, and third-party partners may place advertising on the Services.

We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.
 
4. The Content of Others

Much of the content on our Services is produced by users, publishers, and other third parties. That content is the sole responsibility of the person or organization that submitted it. Although SmashHound reserves the right to review all content that appears on the Services and to remove any content that violates these Terms, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services.

Through these Terms, we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services will always conform to our Terms or Guidelines.
 
5. Privacy

Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our privacy policy. We encourage you to give the privacy policy a careful look because, by using our Services, you agree that SmashHound can collect, use, and transfer your information consistent with that policy.
 
6. Respecting Other People's Rights

SmashHound respects the rights of others. And so should you. You therefore may not upload, post, send, or store content that:

violates or infringes someone else's rights of publicity, privacy, copyright, trademark, or other intellectual-property right;
bullies, harasses, or intimidates;
defames; or
spams or solicits SmashHound’s users.

You must also respect SmashHound’s rights. These Terms do not grant you any right to:

use branding, logos, designs, photographs, videos, or any other materials used in our Services;
copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms;
use the Services or any content on the Services for any commercial purposes without our consent.

In short: You may not use the Services or the content on the Services in ways that are not authorized by these Terms. Nor may you help or enable anyone else in doing so.
 

7. Respecting Copyright

SmashHound honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if SmashHound becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s ability to access Services.

We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please file a notice with our designated agent:
SmashHound, Inc. / Attn: Copyright Agent / email: support@smashhound.com

If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:

contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
identify the copyrighted work claimed to have been infringed;
identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
provide your contact information, including your address, telephone number, and an email address;
provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
 
8. Safety

We try hard to keep our Services a safe place for all users. But we can't guarantee it. That's where you come in. By using the Services, you agree that:

You will not use the Services for any purpose that is illegal or prohibited in these Terms.
You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user's information.
You will not use or develop any third-party applications that interact with the Services or other users' content or information without our written consent.
You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
You will not use or attempt to use another user's account without their permission.
You will not solicit login credentials from another user.
You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.
You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
You will not probe, scan, or test the vulnerability of our Services or any system or network.
You will not encourage or promote any activity that violates these Terms.

We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. And never put yourself or others in harm's way just to capture photo or video feedback.
 
9. Your Account

You are responsible for any activity that occurs in your account. So it's important that you keep your account secure.
By using the Services, you agree that, in addition to exercising common sense:

You will not create more than one account for yourself.
You will not create another account if we have already disabled your account, unless you have our written permission to do so.
You will not log in or attempt to access the Services through unauthorized third-party applications or clients.
 
10. Data Charges and Mobile Phones

You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you're unsure what those charges may be, you should ask your service provider before using the Services.
 
11. Third-Party Services

If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party's terms will govern the respective party's relationship with you. SmashHound is not responsible or liable for those third party's terms or actions taken under the third party's terms.
 
12. Modifying the Services and Termination

We're relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.

While we hope you remain a life long SmashHound user, you can terminate these Terms at any time and for any reason by deleting the SmashHound app.

SmashHound may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services.

Regardless of who terminates these Terms, both you and SmashHound continue to be bound by Sections 3, 6, 10, 13-22 of the Terms.
 
13. Indemnity

You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless SmashHound, our directors, officers, employees, and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.
 
14. Disclaimers

We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE SMASHHOUND ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY SMASHHOUND CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.

SMASHHOUND TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH SMASHHOUND WILL BE RESPONSIBLE FOR.
 
15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMASHHOUND AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF SMASHHOUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SMASHHOUND’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID SMASHHOUND, IF ANY, IN THE LAST 12 MONTHS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
 
16. Choice of Law

Except to the extent they are preempted by U.S. federal law, the laws of Michigan, other than its conflict-of-laws principles, govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims.
 
17. Severability

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
 
18. Final Terms

These Terms make up the entire agreement between you and SmashHound, and supersede any prior agreements.
These Terms do no create or confer any third-party beneficiary rights.
If we do not enforce a provision in these Terms, it will not be considered a waiver.
We reserve all rights not expressly granted to you.
You may not transfer any of your rights or obligations under these Terms without our consent.
These Terms were written in English and to the extent the translated version of these Terms conflict with the English version, the English version will control.
 
Contact Us

SmashHound welcomes comments, questions, concerns, or suggestions. Please send feedback to us using the form at www.smashhound.com/#contact

SmashHound, Inc. is located in the United States, with headquarters at 1077 Forest Park Rd, Norton Shores, MI 49441.