Smash Privacy Policy

Effective Date: May 1, 2024

Welcome to Smash!

Smash is a platform that helps connect fans with artists they love. “Smash,” “we,” “us,” and “our” refer to Smash AB, this platform, and the services offered by Smash, including the Smash iOS app, and www.smash.fan. This Privacy Policy is part of our Terms of Use, and describes how we collect, use, and share information.

Information You Provide Smash

This is information that you provide to us through text fields, such as your name, payment information, and benefits. The information of this type that we require you to provide differs depending on whether you create an account, become a fan, purchase a subscription or become an artist, and typically includes at least:

You may also have the option to sign up for Smash using a Facebook, Google, or Apple account. We will ask for permission to access basic information from your Facebook, Google, or Apple account, such as your userID, full name, email address, and profile picture. You can choose to stop sharing that information with us at any time by going to Facebook, Google, or Apple to remove Smash’s access to that account and your ability to use it to log in to Smash. In order to use an account with one of these companies to sign up for Smash, these companies may require you to share personal data with them, including information about your usage of Smash. As applicable to you, please consult the Facebook, Google, and Apple privacy policies to learn more about that.

Fans

A fan is someone who subscribes and/or makes a purchase on Smash, which may come with special benefits from artists they love. As a fan, you must provide your payment information to our payment partners. You can see the Privacy Policy for these payment partners on the Adyen, Venmo, Apple, PayPal, Stripe, and Checkout sites. Smash stores the expiry and postal code associated with your payment card, but does not store your full payment card number. Instead, Smash uses a service provider to create a token that represents your card’s primary account number, which Smash then stores. If you choose to pay using a payment partner that requires you to provide to them your personal data like name and email address, such as PayPal, then that payment partner may provide that information to Smash.

We collect and process information about the artists you subscribe to and/or support, the memberships and other offerings you purchase, and what benefits you receive. We may also derive your location from your self-disclosed country, your IP address, and/or your payment card.

Artists

An artist is someone who creates a page on Smash to engage with fans who purchase memberships on Smash to support the artist’s creations. To become an artist, you must create a page that describes what you are creating and any benefits you are offering. To receive payouts,you are required to provide your bank account information to process payouts. You must also provide us with additional information for tax purposes. Depending on your location and the type of creations that you create, you may have to provide Smash some combination of the following:

Additional Information We Collect

Automatically Collected Information

We automatically receive information when you view creations on or otherwise interact with Smash, even if you have not created an account. For example, when you visit smash.fan, view or interact with a Smash embed on another website or mobile app, use Smash’s mobile apps, sign into Smash’s services, or view or interact with an email from Smash, we may automatically receive information about you, including:

Messages and Comments on Smash

When you send or receive messages or when you post or are mentioned in comments or messages on Smash, we collect the contents of those messages and comments as well as information about related activity, including the timestamp of those messages and comments and who has viewed those messages or comments.

User Research Studies & Surveys

We conduct research about current, former, and prospective artists and fans. From time to time, we may solicit your participation in such a research study and, if you choose to participate, then we may observe how you use Smash and may record video, audio, and images of you using Smash and your interview with Smash researchers. As part of these research studies we may also ask you to answer survey questions, including about how you use Smash and how you perceive Smash’s services and brand. When you answer these questions, we will store your responses.

Event Information & Surveys

From time to time, we may solicit your participation in surveys related to Smash events. In order to better understand and serve artists and fans, we may ask you for demographic information, including information related to your gender identity, ethnicity, race, age, sexual orientation, earnings, and accessibility, which you may optionally choose to provide. We collect such information to help us better understand the overall population of artists and fans that use Smash, to develop and market events for artists and fans, and to showcase artists for greater discoverability, including at such events. When you complete these surveys, we store your survey responses, including any such demographic information you choose to provide.

We may also request information from you at in-person and online events. This information may include your name, email address, mobile phone number, details about the types of creations you create, and survey or feedback responses.

Blogs & Artist Education Sites

We may collect and store your email address, your comments, and your profile information from our blog and artist education sites.

Information from Third-Party Accounts

After creating a Smash account, you may be able to connect your social media account(s) (e.g. Twitter, Facebook, YouTube, TikTok, and Twitch) with Smash and we may collect and store some information related to those accounts, including:

You may also grant Smash access to these third-party accounts in order for some Smash features to operate. When you connect such a third-party account to your Smash account, that third-party service will typically present a page that describes the information that Smash can access and/or permissions you are granting to Smash to take actions on your behalf. At any time, you may be able to revoke Smash’s access to those accounts using the respective third party’s settings page (e.g. here for Google).

Smash uses YouTube API services. By using Smash in connection with YouTube API Services, you agree to be bound by the YouTube Terms of Service.

Promotions

Smash may operate certain promotions from Smash-operated accounts on third party platforms such as Instagram, Twitter, and Facebook. Personal data collected by Smash as part of such promotions will be used in accordance with this Privacy Policy.

Information Collected by Third Parties

Cookies

Third parties may use cookies on our website. A cookie is a small text file that a website stores on your computer or mobile device when you visit the site.

Social Media Features and Widgets

We may use social media and related products and features, including a Discord server, the Facebook Like button, and widgets, such as the Share button or similar interactive mini-programs that run on Smash. These features may collect your IP address and other personal data, including which page you are visiting on our site, and may set and/or read cookies. Social media features and widgets are either hosted by a third party or directly on Smash. For more information on the technologies used by these third parties, the information they collect, and how that information is used, please refer to their respective privacy policies. Below are links to the privacy policies of the most used such services for easy reference:

How We Use Information

As applicable, we use the information we collect to:

Information Shared with artists

By subscribing and/or purchasing a membership on Smash that is offered by an artist, or otherwise engaging with or becoming a fan of an artist, you agree to share personal data with that artist that may include:

We may solicit your participation in surveys related to particular artists on Smash. For example, when you subscribe and/or make a purchase on Smash or when you cancel a subscription, you may be asked to optionally take a survey about that choice. If you choose to participate in that survey, then you agree that your responses, which may include your personal data like full name and email address, will be shared with the associated artist.

When you use Smash to send a message to another user, including an artist, the contents of that message will be shared with the recipients you select.

As part of offering and operating an artist page and/or membership on Smash, an artist may use one or more third-party services. These third parties may, for example, host creations or help deliver benefits. Accordingly, artists may share fan personal data with such third-party services and/or enable fans to elect to share personal data with such third-party services in order to receive offerings or membership benefits or otherwise participate in a membership or related event. You should review the privacy policies of these third-party services in order to understand how they collect, use, and share personal data.

Information Shared with Communities on Smash

By subscribing, purchasing a membership on Smash that is offered by an artist, otherwise engaging with or becoming a fan of an artist, or by creating a artist page yourself, you are joining a Smash community associated with that artist. This community is comprised of the artist and people who have subscribed to, purchased a membership or offering on Smash that is offered by, or otherwise engaged with or become a fan of that artist, including those who subscribed to that artist for free. You agree to share personal data with that community that may include:

This personal data may be displayed in your community profile, which may have more information than your public profile and is visible to fellow community members.

When you comment on a post, like a post or message, react to a post or message, join a chat room, send a chat message, express interest in an event, join an event experience, and take other community actions you are visible to the associated sections of those Smash communities. When you are typing a message in a chat room or other community space, this may be displayed to the other people in that chat room or community space. Comments, messages, likes, and reactions in community spaces are visible to the associated Smash community and community members who later join the associated community space may be able to see the full history of comments, messages, likes, and reactions. For example, chat messages sent to a community chat room or community event experience are visible to the sections of that community associated with the chat room or event. Similarly, comments, likes, and reactions related to a post visible to a community are visible to the sections of that associated community that can see that post. If the visibility of a post or community space later changes, then the visibility of the associated comments, messages, likes, and reactions may also change along with it. For example, if a post is later made available to a larger section of a Smash community, then the comments, likes, and reactions on that post may also become available to that section of that Smash community.

Information Shared with the Public

The following information may be publicly accessible or otherwise shared with members of the public;

For fans:

For artists:

Information Shared with Third Parties

We never sell your information to third parties. Other than information that is shared with artists, shared with communities on Smash, or shared with members of the public, we will only share data with third parties under the following circumstances:

Smash’s service providers

these are companies that are contractually engaged with us to provide us with services, including cloud hosting, content distribution, security, order fulfillment, email and document management, internal communication/chat, analytics, credit card processing, multi-currency settlement solutions, and fraud detection and prevention. We may share your personal data with such service providers subject to obligations consistent with this Privacy Policy and any other appropriate confidentiality and security measures, and on the condition that these third parties use your personal data only on Smash’s behalf and pursuant to our instructions (service providers may use other non-personal data for their own benefit).

Government and law enforcement agencies

Tax reporting: to satisfy obligations to report information to tax authorities, including reporting information about artists’ earnings on Smash, tax identification information, and information related to transactional taxes such as Valued Added Tax, Goods and Services Tax, other local service or sales taxes in non-US locations, and state sales tax in the United States.

Legal process and law enforcement: to protect the security or integrity of Smash, as well as to protect the rights, property, and safety of Smash, its employees, fans, artists, or others, or if we believe that disclosure is reasonably necessary to comply with a law, regulation, or other valid legal process (e.g. subpoenas or warrants served on Smash). When legally permitted to do so, and under appropriate circumstances, Smash will endeavor to notify you (typically by email) when we intend to release your data pursuant to a valid government request, law-enforcement request, or other legal process.

Other third parties

Any third parties connected with the sale, merger, bankruptcy, sale of assets, or reorganization of our company: in such a circumstance the promises in this Privacy Policy apply to any data transferred to a new entity.

Third-party services to which you’ve connected your Smash account: when you connect your Smash account to other websites, apps, or services, you may be asked to give those websites, apps, or services access to information about your Smash account and/or permission to perform actions within your Smash account on your behalf. If you choose to take such an authorization action, then Smash will follow your instructions and grant the access or permission that you’ve selected.

Your Preferences and Control over Your Data

Choosing Your Preferences

On Smash’s mobile apps, you may find your settings by clicking on your avatar or profile. Settings let you see and adjust your account preferences, including privacy preferences.

Opting out of Marketing

You may opt out of marketing at any time in every marketing communication as applicable. You may also adjust your preferences in your settings.

Opting out will stop marketing emails and SMS/MMS as applicable. Please allow up to 30 days for your opt-out request to be processed. If you have an account with Smash, you will continue to receive service-related emails and texts if you have opted into receiving texts. You will also continue to receive service-related shipments of benefits to the designated delivery address.

We may work with third-party advertising partners to market our services. You can opt your current browser out of interest-based advertising from partners that adhere to the Digital Advertising Alliance’s Principles for Online Behavioral Advertising at https://optout.aboutads.info. On Android, depending on your version of Android, you can delete the advertising ID for your current device in your Android phone’s settings or you can opt your current device out of interest-based advertising by enabling “Opt out of Ads Personalization” in your Android phone’s settings (precise directions and setting name may be different on different Android versions). On iOS 13 and previous versions only, you can opt your current device out of interest-based advertising by enabling the “Limit Ad Tracking” setting in your iOS phone’s settings (precise directions may be different on different iOS versions). On iOS 14 and later versions only, if you don't want to allow apps to access your current device’s iOS Identifier for Advertising, you can disable the “Allow Apps to Request to Track” setting in your iOS settings (precise directions may be different on different iOS versions).

Turning Off Email Notifications

You can change your email notifications in your About Page. While this allows you to stop many notification emails, we will still send other service-related emails.

Turning Off Mobile Push Notifications

If you download the Smash iOS or Android app you may also receive notifications on your mobile device. These can be disabled in the App settings.

Controlling Your Data

We enable individuals to:

You can do this on Smash in the following ways:

If you are unable to log in to your account, and are unable to recover your account with a password reset in order to lodge your privacy request, then you may reach out to contact@smash.com. We reserve the right to refuse access to or recovery of an account, at our sole discretion, in order to prevent an unauthorized takeover of your account or unauthorized access to your personal data.

Verification of Requests

Users typically maintain password-protected accounts with Smash. If you submit a request to exercise your privacy rights, you will be asked to verify the request by logging in to your Smash account, or to verify your identity in another manner.

If we are unable to adequately verify your request at our sole discretion then, in order to protect against unauthorized access to personal data, we reserve the right to deny the request.

Do Not Track Signals

Your browser may be configured to transmit a “Do Not Track” signal to websites that you visit. There is no industry-standard approach to what this signal means. Accordingly, Smash does not monitor or otherwise respond to these “Do Not Track” signals.

EU Privacy Laws and Data Transfers

Smash is a global company. By using Smash, you agree that your personal data may be transferred to and stored in the United States or Sweden, and handled as described in this Policy. Smash acts as a data controller, as defined under applicable law. Smash AB acts as a controller of your personal data.

Smash processes personal data based on different legal grounds depending on the circumstances. This includes performance of a contract, legitimate interest, legal obligation, and consent where appropriate. Where we rely on consent, you may withdraw such consent at any time.

Contacting our Data Protection Officer

If you have privacy concerns or questions, you can contact us via email at privacy@smash.fan

Complaints

We take your privacy queries seriously, and are committed to resolving any complaints that may arise about our collection or use of your data. If you believe your privacy rights have been infringed, we encourage you to contact us at privacy@smash.fan. You may also have the right to complain to the appropriate data protection supervisory authority.

Establishing an Authorized Agent

You may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government ID, and the authorized agent’s valid government ID. Please contact privacy@smash.fan with your request. In order to prevent an unauthorized takeover of your account or unauthorized access to your personal data, we may decline access to or recovery of your account at our sole discretion.

Our Data Retention Period

Smash stores your personal data until it is no longer necessary to provide our services, or until you ask us to delete it. We may continue to retain some information even after you delete your account if we are required to do so in order to comply with applicable laws.

Security

The security of your personal data is important to us and we follow industry standards to protect it.

Children

Smash is not directed to children, and you may not use Smash if you are under the age of 13. You must also be old enough to consent to the processing of your personal data in your country (in some countries we may allow your parent or legal guardian to do so on your behalf). You must be at least 18 years old or have your parent’s or legal guardian’s permission to have an artist page on Smash or to purchase an offering or subscription on Smash.

Changes

We may sometimes make changes to this Privacy Policy. If we make a change to this Policy that, in Smash’s sole discretion, is material, then we will let you know before the changes come into effect. Continuing to use Smash after a change to this policy means you accept the new policy. If you have any questions, please email privacy@smash.fan