Privacy Policy
YOUR PRIVACY IS IMPORTANT TO US
PLEASE READ CAREFULLY BEFORE AGREEING TO UTILIZE SMARTEST SERVICES
About the “Smartest Person in the Room”
Smartest LLC (“Smartest”) creates unique and exciting entertainment services in the nature of live and on-demand quizzes, trivia, competitions in the field of trivia and games, audio-video productions, and other innovative audience engagement experiences, that are comprised of unique audio-visual content, trivia questions, short-form factual content, polling and questions, surveys and questionnaires, and other entertainment experiences that may be offered, distributed, exhibited and displayed across multiple screens, platforms, websites, social media, and other digital and streaming services, live in-person, and asynchronously, to be viewed, played, and engaged with by YOU, a participant (“you”, “your”, “Participant”, or “User”) either passively, or actively via one or more unique devices (e.g., smartphone, tablet, computer), and under unique derivative titles / names, including, but not limited to, “The Smartest Person in the Room”, “The Smartest Person in the Stadium”, “The Smartest Person in Late Night”, “The Smartest Person in the Arena”, “The Smartest Person at Chase Center [OR OTHER VENUE NAMES]”, “The Smartest Person on Broadway”, “The Smartest Person on the Plane”, “The Smartest Person at the US Open”, “The Smartest Person at the Park”, “The Smartest Person at the Globetrotters”, “The Smartest Person at the Pump”, “The Smartest Person at the Bowl”, and other logical or similar deviations thereto (the “Smartest Services”).
Acceptance of this Privacy Policy
(a) You / Your use of Smartest Services, including any associated software and experiences of Smartest is conditioned upon your acceptance, eligibility and compliance with the following principal terms and conditions (collectively, “Privacy Policy”). By using Smartest Services, you agree to be bound by the Privacy Policy.
(b) By viewing and/or voluntarily electing and agreeing to “opt in” and participate in Smartest Services you become a non-exclusive, non-transferrable “user” of such Smartest Service, and you expressly agree in good faith to accept, to be bound by, and comply with (i) Privacy Policy (described herein), and (ii) the Terms of Service.
(c) Smartest, at its sole discretion, reserves the right at any time to amend, change, modify, add or delete the terms and conditions of the Privacy Policy.
(d) The Privacy Policy shall NOT create any agency, partnership, joint venture, association, or any other relationship between User and Smartest or its partners.
(e) If any provision of the Privacy Policy is found by a court of competent jurisdiction to be void or otherwise unenforceable, the remainder of the Privacy Policy will remain valid, in effect, and enforceable as though such void or unenforceable provision were absent.
About this Privacy Policy
(a) This Privacy Policy describes how Smartest collects, uses, stores, shares and protects your personal information in connection with your use of the Smartest Services. The following information is intended to provide transparency and information related to Smartest’s data collection policies, use cases, and to be compliant in protecting the rights of children under the age of thirteen (13), as required by the The Children’s Online Privacy Protection Act (COPPA), and the California Online Privacy Protection Act (CalCOPPA), as may be applicable.
(b) As a User of Smartest Services, you expressly agree to the terms of Smartest’s Privacy Policy. User acknowledges that User’s participation in Smartest Services shall be User’s own risk.
(c) The Children’s Online Privacy Protection Act (COPPA) restricts the collection, use, or disclosure of personal information from and about children under the age of 13. For more information about COPPA, go to FTC.gov.
(d) The California Online Privacy Protection Act (CalCOPPA) applies to any person or company whose website collects personally identifiable information from California consumers. For more information about the California Online Privacy Protection Act, go to the Consumer Federation of California.
(e) As a User, or viewer, of Smartest Services and content, you may be additionally subject to Smartest’s confidentiality and related non-disclosure terms, as described in the Terms of Service.
Age Representation
(a) Age Representation: Pursuant to the Terms of Service, User represents and warrants that User has the authority, right, and power to comply with the terms and conditions described herein, and to be eligible to participate as a User of Smartest Services, that User is at least thirteen (13) years old. Children under the age of thirteen (13) are not eligible or permitted to use the Smartest Services without express content of a parent or legal guardian. User expressly acknowledges and agrees to indemnify and hold harmless Smartest against all third-party and governmental claims, damages, liabilities, penalties, and costs (including any reasonable attorney’s fees or expenses associated thereto) awarded against Smartest as a result of such User’s representation of User’s legal age. At all times, Smartest reserves the right, at its sole discretion, to require Users to submit further proof of eligibility as may be required by Smartest.
(b) Smartest does not specifically market to, collect, store, or provide data from children under thirteen (13) years of age. Smartest Services are not expressly intended for Users or audiences under the age of thirteen (13); however, Smartest acknowledges that in some instances, (X) a person under the age of thirteen (13), at their sole discretion, or with the consent of a parent / legal guardian (express or not), may voluntarily attempt to elect to participate as a User (i.e., without Smartest’s express knowledge or consent), and (Y) such Users may, at their sole discretion, voluntarily elect to provide certain personally identifiable information (defined below) to Smartest as a “one time contact”.
(c) For all Users, Smartest shall at all times rely on the age information as provided voluntarily by each User, even if such information is not accurate. In the event that a User incorrectly identifies, or misleads Smartest (intentionally or not), about User’s actual legal age, such User hereby expressly acknowledges and agrees to indemnify and hold harmless Smartest against all third-party and governmental claims, damages, liabilities, penalties, and costs (including any reasonable attorney’s fees or expenses associated thereto) awarded against Smartest as a result of such User’s misrepresentation of User’s actual legal age.
(d) In order to qualify as a User, to actively participate and functionally run the Smartest Services, such Users (X) shall be expressly prompted and required to voluntarily represent and provide their actual legal age (i.e., User is at least legally thirteen (13) years of age), and (Y) must “Opt-In” (i.e., agree) to participate as a User by agreeing to Smartest Terms of Service and Privacy Policy.
(e) If such User voluntarily represents that they are NOT at least thirteen (13) years of age), Smartest shall (X) use commercially reasonable efforts to promptly remove and delete any Personal Information (defined below) that may have been collected by such User for such Smartest Services, (Y) Smartest shall have no further collection or use for such information, and (Z) Smartest shall not actively or passively track such personal information thereafter, nor make any personal information publicly available. For purposes of this Section, Smartest will remove and delete non-compliant Personal Information from its records as described herein, and such Personal Information will not be used to re-contact or be disclosed for any other purpose.
(f) FOR CLARITY, Smartest expressly recommends that (X) children under the legal age of thirteen (13) years old do not participate as a User, and (Y) parents or guardians do not consent or permit a child’s participation in Smartest Services, except as “passive viewing” at the time that such Smartest services may be being displayed, exhibited, or broadcast generally in a public setting.
Personally Identifiable Information
(a) Personally identifiable information (“Personal Information”) that may be collected by Smartest may include identifiers, such as a username, nickname, email, phone number, or other information that may be held in a cookie, an IP address, a processor or device serial number, or a unique device identifier that can be used to recognize a user over time and across Smartest websites or third-party online services utilized by Smartest for the purposes of providing support for the “internal operations” of the Smartest Services and follow up marketing or other communications.
Removing Personally Identifiable Information
(a) Pursuant to the terms and conditions described herein, in the event that a User has voluntarily self-identified as less than thirteen (13) years of age, Smartest shall use commercially reasonable efforts to remove and delete any such information in a timely manner.
(b) If, in the event, a User seeks to voluntarily remove his / her / their User Data, such User has the option to do so - to review, export, and/or permanently remove such data and account, and all participant data, at any time - by following the guidelines set forth via the Crowdpurr gameplay application. For more information, go to https://www.crowdpurr.com/privacy.
(c) If, in the event, that a User seeks to understand if and to what extent the Smartest gameplay application (operated by Crowdpurr) responds to “Do Not Track” signals from Web browsers, go to https://www.crowdpurr.com/privacy.
(d) Each of Smartest and its third-party partners and Sponsors emails and/or other messages will shall at all times have an "Unsubscribe", “Opt Out” or “STOP” link that will allow Users to remove email and other information from Smartest and/or Sponsor mailing list(s).
Third Party Providers / Operators
(a) The collection of such Personal Information may include third-party providers or operators that may collect information on behalf of Smartest for the purposes of providing support for the “internal operations” of the Smartest Services and related communications. As of the Effective Date, such third-party providers or operators include:
Connected Crowd Co. a California Corporation d/b/a Crowdpurr.com
1050 Lakes Dr. STE 225, West Covina, CA 91790
Website: www.crowdpurr.com
Privacy Policy: https://www.crowdpurr.com/privacy
TYPEFORM, S.L.
Calle de Pallars 108 (Aticco), 08018 – Barcelona (Spain)
Contact Form: https://www.videoask.com
Contact details for our Data Protection Officer: gdpr@typeform.com
Use of Information Collected
(a) Smartest uses Personal Information voluntarily collected from Users to participate in Smartest Services, which may include, but not be limited to:
To functionally run the Smartest Services, including for internal operations (e.g., display and run a trivia game for Users, display User Personal Information and User Data to the host / operator, third-party partners and sponsors.
To personalize a User's experience (e.g., display user name, nickname, announce winners).
To improve Smartest Services and experiences generally.
To communicate and administer a contest, promotion, prizing, giveaways, product redemption coupons or discounts, or follow up surveys.
To send periodic marketing and communications emails or text messages regarding Smartest, its third-party partners, sponsors, and other directly-related third parties.
To share with its third-party partners, sponsors for purposes of marketing and communications.
To export game results, game scores, rankings, poll results, data, and User information (aka “Lead Capture”) to a spreadsheet or CSV file
To export Smartest games for backup and archival purposes.
To export data for CRM.
To share certain data and information or User Data for Public Relations and marketing purposes
Contacting Smartest
(a) Any questions or inquiries regarding Smartest’s Privacy Policies, contact:
SMARTEST LLC
16192 Coastal Highway
Lewes, Delaware 19958
United States of America
Miscellaneous
(a) Reservation of Rights. Company expressly reserves all rights not specifically granted, agreed to, or contemplated herein.
(b) Smartest, at its sole discretion, reserves the right at any time to amend, change, modify, add or delete the terms and conditions described herein.
(c) At all times, Smartest shall use commercially reasonable efforts to ensure the security of the any and all Personal Information and other data that may be collected
(d) At no time shall Users be permitted to disclose or offer any incremental or additional personal information to Smartest or its third-party partners or sponsors, other than what may be collected by Smartest for purposes of viewing or engaging with the Smartest Services, nor shall Users have the right to share or disclose to any third-party any User Data from any other Users of the Smartest Services.
(e) Applicable Law. A User’s acceptance of this Privacy Policy shall be interpreted in accordance with the laws of the State of Delaware.
(f) Assignment. Smartest shall have the right to assign this Privacy Policy as may be determined by Smartest in its sole discretion. At no time shall User have the right to assign this Privacy Policy in whole or part.
(g) Indemnity. User expressly releases and indemnifies Smartest, its designees and its officers, employees, agents, sponsors and representatives from and against any and all liabilities, costs, loss, claims, damages or expenses, known and unknown, arising out of acceptance of any participation as a User of one or more Smartest Services, acceptance of this Privacy Policy, any prizes, or in any way connected with the granted uses and representations herein, including (but not limited to) personal injury, and damage to property and whether or not direct, consequential or foreseeable.
(e) USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USER SHALL NOT HAVE THE AUTHORITY TO ENTER INTO ANY ORAL OR WRITTEN AGREEMENTS OR COMMITMENTS OF ANY KIND ON BEHALF OF SMARTEST.