Smash Franchise Partners Privacy Policy

 

EFFECTIVE DATE: July 11, 2023

Smash Franchise Partners LLC (“Smash,” “we,” “us,” or “our”) is the franchisor of Smash My Trash, the proprietary mobile waste compacting service.  This Privacy Policy (“Policy”) describes how Smash collects, uses, discloses and otherwise processes the personal data described in this Policy, as well as the rights and choices individuals have regarding such personal data. This Policy does not apply to a Smash My Trash franchisee’s collection, use, and disclosure of your personal data, except as described in this policy with regard to our data sharing and change of a franchisee.

Your use of our Services (defined below), and any dispute over privacy, is subject to this Policy and our Terms of Use, including their applicable limitations on damages and the resolution of disputes. 

1. Scope

Except as otherwise noted below, this Policy applies to the personal data that we processes related to:   

  • users of our websites where this Policy is posted, including on https://smashmytrash.com/ and https://smashfranchise.com/ and the services we provide through these websites (collectively, the “Services”).
  • individuals who are subscribed to receive news, information and marketing communications from us or who respond to our marketing communications or advertising campaigns; 
  • individuals who participate in contests, sweepstakes, surveys and research conducted by us; and
  • individuals that communicate with us or otherwise engage with us related to our Services.

This Policy does not apply to information collected by us offline or through any other means not listed in this Section 1. Scope, including on any other website or application operated by us where we have not posted this Policy or any third party, or information collected by any third party through any application or content (including advertising) that may link to or be accessible from the Services.

2. Personal Data Collected 

As further described below, we collect personal data directly from individuals, from third parties, and automatically when such data relates to the use of our Services or other interactions with us.

Personal Data Collected Directly.  The personal data we collect from you depends upon how you use our Services or otherwise interact or engage with us, but generally includes: 

  • Request a Quote or Otherwise Contact Us.  When you use the Services to request a quote or to otherwise contact us, we collect your name, company information, your business contact information, information about the facilities where you need waste compacting services, and any other additional information you choose to provide us.   
  • Franchise Opportunities. If you contact us to request information about owning a Smash My Trash franchise, we will collect your name, contact information, street address, information about the markets where you would like to operate a franchise, and information about your available investment capital for operating a franchise.
  • Communications and interactions.  When you email, call, or otherwise communicate with us and with members of our team, we collect and maintain a record of your contact details, communications and our responses. 
  • Sweepstakes, contests and promotions. If you participate in sweepstakes, contests and promotions that we offer, we will collect your name, age, email address, and other registration information related to the contests, sweepstakes and promotions you participate in. 

Personal Data from Third Parties. We may collect personal information about you from third party sources, such as public databases, joint marketing partners, social media platforms or other third parties. 

  • We may receive lead and prospect information from third parties, about prospective customers that may be interested in our Services.  We may also engage with third parties to enhance or update our customer information.

Personal Data Collected Automatically.  We automatically collect personal data related to your use of our Services and interactions with us and others, including information we collect automatically (e.g., using cookies and pixel tags), as well as information we derive about you and your use of the Services. Such information includes: 

  • Device and browsing information. We use cookies, log files, pixel tags and other tracking technologies to automatically collect information when users access or use our Services, such as IP address, general location information, domain name, page views, a date/time stamp, browser type, device type, device ID, Internet service provider, referring and exiting URLs, operating system, language, clickstream data, and similar device and usage information. For more information, see Section 6. Cookies, Targeting and Analytics, below.
  • Activities and usage. We also collect activity information related to your use of the Services, such as information about the links clicked, searches, features used, items viewed, time spent within the Services.
  • Location information. We may collect or derive location information about you, such as through your IP address. 

3. Purposes of Use and Processing

Generally, we collect, use, disclose and otherwise process the personal data we collect for the following purposes:

  • Services and support. To provide and operate our Services, communicate with you about your use of the Services or our other products or offerings, provide troubleshooting and technical support, respond to your inquiries, to process and fulfill your orders and requests, communicate with you about the Services or your use of our products and offerings, and for similar service and support purposes. 
  • Analytics and improvement. To better understand how users access and use the Services, and our other products and offerings, and for other research and analytical purposes, such as to evaluate and improve our Services and business operations, to develop services and features, and for internal quality control and training purposes. 
  • Customization and personalization. To tailor content we may send or display on the Services, including to offer location customization and personalized help and instructions, and to otherwise personalize your experiences.
  • Marketing and advertising. For marketing and advertising purposes.  For example, to send you information about our Services, such as offers, promotions, newsletters and other marketing content, including about third-party products and services we think may interest you, as well as any other information that you sign up to receive. We also may use certain information we collect to manage and improve our advertising campaigns so that we can better reach people with relevant content.
  • Planning and managing events. For event planning and management, including registration, attendance, connecting you with other event attendees, and contacting you about relevant events and Services. 
  • Research and surveys. To administer surveys and questionnaires, such as for market research or customer satisfaction purposes.
  • Franchise Development and Administration. To assess franchisee applicants’ suitability to own one of our franchises; to administer our franchise program and to oversee our franchisees’ compliance with our franchise agreement and operating standards. 
  • Security and protection of rights. To protect the Services and our business operations; to protect our rights or those of our stakeholders; to prevent and detect fraud, unauthorized activities and access, and other misuse; where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety or legal rights of any person or third party, or violations of our Terms of Use. 
  • Compliance and legal process. To comply with the law and our legal obligations, to respond to legal process and related to legal proceedings.  
  • General business and operational support. To consider and implement mergers, acquisitions, reorganizations, bankruptcies, and other business transactions such as financings, and related to the administration of our general business, accounting, auditing, compliance, record keeping, and legal functions. 

4. Disclosures of Personal Data

We may disclose the personal data that we collect for the purposes described above, in order to provide our Services to you, to respond to and fulfill your orders and requests, as otherwise directed or consented to by you, and as follows:  

    • Vendors and service providers. We may disclose personal data we collect to our service providers, processors and others who perform functions on our behalf. These may include, for example, IT service providers, help desk, payment processors, analytics providers, consultants, auditors and legal counsel. 
    • Our affiliates. We may disclose personal data we collect to our affiliates or subsidiaries, who will use and disclose this personal information in accordance with the principles of this Policy. 
    • Our franchisees. If we collect information from you requesting a quote or a demonstration of our waste compacting services, we will provide that information to the local franchisee to respond to your request or schedule a demonstration. If you contact us about a customer service issue or respond to a customer satisfaction survey, we may share this information with the franchisee who provided services to you. If a franchisee sells or otherwise transfers its franchise, we will transfer customer and prospective customer information controlled by the outgoing franchisee to the successor franchisee. 
    • Third party platforms, providers and networks.  We may make certain information that includes personal data available to third parties in support of our marketing, analytics, advertising and campaign management (see Section 6. Cookies, Targeting and Analytics for more information).
    • In support of business transfers. If we or our affiliates are or may be acquired by, merged with, or invested in by another company, or if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected about you to the other company.  We may also share certain personal data as necessary prior to the completion of such a transaction or corporate transactions such as financings or restructuring, to lenders, auditors, and third-party advisors, including attorneys and consultants, as part of due diligence or as necessary to plan for a transaction.
  • Compliance and legal obligations. We also may disclose personal data to third parties to comply with our legal and compliance obligations and to respond to legal process. For example, we may disclose information in response to subpoenas, court orders, and other lawful requests by regulators and law enforcement, including responding to national security or law enforcement disclosure requirements.  This may include regulators, government entities, and law enforcement as required by law or legal process.  In addition, it may include certain disclosures that we are required to make under applicable laws, such as the names of sweepstakes and contest winners.
  • Security and protection of rights. We may disclose personal data where we believe doing so is necessary to protect the Services, our rights and property, or the rights, property and safety of others.  For example, we may disclose personal information in order to (i) prevent, detect, investigate and respond to fraud, unauthorized activities and access, illegal activities, and misuse of the Services, (ii) situations involving potential threats to the health, safety or legal rights of any person or third party, or (iii) enforce, and detect, investigate and take action in response to violations of our Terms of Use. We may also disclose information, including personal data, related to litigation and other legal claims or proceedings in which we are involved, as well as for our internal accounting, auditing, compliance, recordkeeping, and legal functions.

5. Aggregate Data and Non-identifiable Data

We may also use and disclose aggregate, de-identified, and other non-identifiable data related to our business and the Services for quality control, analytics, research, development and other purposes. 

6. Cookies, Targeting and Analytics 

We and our service providers use cookies, pixels, local storage objects, log files, APIs, and other mechanisms to automatically collect information, including browsing activity, device and similar information within our Services and to target advertising and content across our Services and third party sites and services. We use this information to, for example, analyze and understand how users access, use and interact with our Services, as well to identify and resolve bugs and errors in our Services and to assess secure, protect, optimize and improve the performance of our Services. You have certain choices about our use of cookies and tracking within the Services, as described in this section.  For more information on the types of personal data we collect via cookies and similar mechanisms, please see Section 2. Personal Data Collected.  

Cookies. Cookies are alphanumeric identifiers that we transfer to your device’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Services, while others are used to enable a faster log-in process, support the security and performance of the Services, or allow us to track activity and usage data within Service.  

Pixel tags. Pixel tags (sometime called web beacons or clear GIFs) are tiny graphics with a unique identifier, similar in function to cookies. While cookies are stored locally on your device, pixel tags are embedded invisibly within web pages and online content. We may use these, in connection with our Services to, among other things, track the activities of users, help us manage content and compile usage statistics. We may also use these in HTML e-mails we send, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.

Local storage objects. Local storage is a web storage mechanism that allows us to store data on a browser that persists even after the browser window is closed. Local storage may be used by our web servers to cache certain information in order enable faster loading of pages and content when you return to our websites. You can clear data stored in local storage through your browser.  Please consult your browser help menu for more information. 

Third-Party Analytics and Tools. We use third party tools, such as Google Analytics, which are operated by third party companies. These third-party analytics companies may collect usage data (using cookies, pixels and similar tools) about our Services in order to provide us with reports and metrics that help us to evaluate usage of our Services and improve performance and user experiences. You can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.

Targeted Advertising. We work with third parties, such as ad networks, channel partners, mobile ad networks, analytics and measurement services and others (“third-party ad companies”) to personalize to manage our advertising on third-party sites, mobile apps and online services. We may share certain information with these third-party ad companies, and we and them may use cookies, pixels tags, and other tools to collect usage and browsing information within our Services, as well as on third-party sites, apps and services, such as IP address, location information, device ID, cookie and advertising IDs, and other identifiers, as well as browsing information.  We and these third-party ad companies use this information to provide you more relevant ads and content within our Services and on third-party sites and apps, and to evaluate the success of such ads and content.  

Custom Lists and Matching. We may share or make available certain customer list information (such as your name, email address and other contact information) with third parties (i) so that we can better target ads and content to you across third party sites, platforms and services, and (ii) in some cases, these third parties may help us to enhance our customer lists with additional demographic or other information, so we can better target our advertising and marketing campaigns.  

Managing Your Preferences. There are several ways that you may manage your preferences regarding targeted advertising and cookies within our Services.  Many of these are browser and device specific, which means that you need to set the preference for each browser and device you use to access our Services; in addition, if you delete or block cookies, you may need to reapply these preferences.  Further, opting out of cookies and advertising as discussed below does not mean that you will no longer receive advertising content from us. You may continue to receive generic or “contextual” ads from us. Our websites do not recognize or respond to browser “do not track” signals.      

  • Industry ad choice programs. You can also control how participating third-party ad companies use the information that they collect about your visits to our websites and use of our mobile applications, and those of third parties, in order to display more relevant targeted advertising to you. If you are in the U.S., you can obtain more information and opt out of receiving targeted ads from participating third-party ad networks at aboutads.info/choices (Digital Advertising Alliance).  You may also download the DAA AppChoices (https://youradchoices.com/appchoices) tool in order to help control interest-based advertising on apps on your mobile device). 

    Please note that opting out of participating ad networks does not opt you out of being served advertising. You may continue to receive generic or ‘contextual’ ads on our Services. You may also continue to receive targeted ads on other websites, from companies that do not participate in the above programs.

  • Browser settings. If you wish to prevent cookies from tracking your activity on our website or visits across multiple websites, you can set your browser to block certain cookies or notify you when a cookie is set; you can also delete cookies. The Help portion of the toolbar on most browsers will tell you how to prevent your device from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to delete cookies. Visitors to our Services who disable cookies will be able to browse the Site, but some features may not function. 

7. Your Privacy Choices

We make available a number of ways that you can manage your privacy choices and submit privacy requests related to your personal data.  These include:

  • Targeted advertising/cookie preferences.  As described in Section 6. Cookies, Targeting and Analytics there are several ways that you can manage your preferences for targeting cookies and advertising by us and on our website. You can review or change your preferences for many cookies and tags on our website, other than those that are necessary to operation and functionality.  These preferences are browser and devices specific.  So, you will need to set your preferences for each browser and device you use, and if you subsequently delete or block cookies you may need to reapply these settings.   
  • Marketing communications. You can opt out of receive marketing emails from us by using the unsubscribe link in the footer of each marketing email we send to you. 
  • Rights Under California Shine the Light Law. Under California’s “Shine the Light” law (Cal. Civ. Code § 1798.83), California residents who provide us certain personal information are entitled to request and obtain from us, free of charge, information about the personal information (if any) we have shared with third parties for their own direct marketing use.  Such requests may be made once per calendar year for information about any relevant third-party sharing in the prior calendar year. To submit a “Shine the Light” request, email us at [email protected], and include in your request a current California address and your attestation that you are a California resident.

For more information about our privacy practices, you may contact us as set forth in the ‘Contact Us’ section below.

8. Children/Minors

Our Services are not designed for minors and we do not knowingly collect personal data from children under 13. If we discover that a child under 13 has provided us with personal data in violation of applicable law, we will delete such information from our systems. If you’re a parent and you believe we have collected your child’s information in violation of applicable law, please contact us as set forth below, in Section 11. Contact Us. 

9. Security

We have implemented safeguards that are intended to protect the personal data we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee security.

10. Changes to this Policy

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any updates to Policy on our websites.  If we make material changes to how we collect, use and disclose the personal data we have previously collected about you, we will endeavor to provide you prior notice, such as by posting prominent notice through on our websites.

11. Contact Us

If you have questions about this Policy or our privacy practices, you may contact us at [email protected].