Our guidelines were developed to help make every experience feel safe, respectful, and positive. They apply to everyone who uses Smiler’s platform (“Smiler Marketplace Platform”), including but not limited to photographers, videographers and businesses. It also includes interactions you may have with Smiler employees and contractors, including third party support organizations, through online support systems, or over the phone. And, in some instances, our guidelines apply to conduct outside the Smiler Marketplace Platform that we become aware of, including but not limited to information from other platforms, when such conduct may threaten the safety of the Smiler Marketplace Platform.
Thank you for joining us in supporting and safeguarding a welcoming environment.
The guidelines below help explain some of the specific kinds of positive community engagement on the Smiler Marketplace Platform, as well as the behaviors or circumstances that may cause you to lose access to the Smiler Marketplace Platform. There will always be unforeseen events that may ultimately lead to your losing access to using the Smiler Marketplace Platform and services, but the following guidelines—which we’ll update regularly—provide the basis for behavior we expect from all in the Smiler community. Not following any one of our guidelines can constitute a material breach or violation of the terms of use of your agreement with Smiler and may result in the loss of access to part or all of the Smiler Marketplace Platform.
We update our guidelines regularly to address relevant behavior and risks. Our goal is to ensure that everybody in the Smiler community always feels safe and welcome.
Please take a moment to read them.
Everyone who signs up for an Smiler account is required to follow Smiler’s Community Guidelines. They reflect the following 3 pillars and the standards in each of these sections.
Treat everyone with respect
Our community is remarkably diverse and, chances are, you may meet people who may look different from you, think differently than you, or come from different backgrounds. The guidelines in this section help to foster positive interactions during every experience.
Help keep one another safe
We’re hard at work every day to help create safer experiences for everyone. Your safety drives us. That’s why these standards were written.
Follow the law
We’re committed to following all applicable laws and earning your trust, and we expect everyone who uses the Smiler Marketplace Platform to do their part and adhere to relevant laws and regulations, as well as airport rules and regulations where applicable.
Your feedback matters
If something happens, whether it’s good or bad, we make it easy for you to tell us directly in the app or by contacting the Smiler Support team. Our team is continually improving our standards and policies, and your feedback is important so that we can take appropriate action to keep our standards relevant as our technology evolves.
Treat everyone in the Smiler community as you would like to be treated yourself: with respect. The actions you take while using the Smiler Marketplace Platform can have a big impact on the safety and comfort of others. Courtesy matters. That’s why you are expected to exercise good judgment and behave decently toward other people when using the Smiler Marketplace Platform and interacting with others in the Smiler community—just as you would in any public place. This includes behavior toward the Smiler Support team.
Smiler is an anti-racist company. We are committed to creating a safe and welcoming space for everyone, regardless of background. Remember that when you interact with others in the Smiler community, you may meet people who may look different from you, think differently than you, or come from different backgrounds. Please respect those differences. Discrimination based on race or any other characteristic protected by law will not be tolerated on the Smiler Marketplace Platform and can result in loss of access to the apps. Additionally, if you witness discrimination taking place, you can report the situation to Smiler and we will address any report in accordance with our policies.
We believe that everyone should feel supported and welcomed when interacting with others in the Smiler community. That’s why we’ve created standards and policies on physical contact, sexual assault and misconduct, threatening and rude behavior, post-photoshoot contact, discrimination, and property damage.
Respect isn’t always tied to what you say; it is also about how you act. For example, always try to be on time for the booking or photoshoot. It’s also common courtesy not to shout, swear, and so on. And by tidying up after yourself—whether it’s after a meal or a break—you’ll help ensure that everyone has a photoshoot experience.
Physical contact
No one on the Smiler Marketplace Platform should be touched without their consent, period. Don’t touch strangers or anyone you just met while using the Smiler Marketplace Platform. Limited exceptions are permitted for people needing or requesting physical assistance (for example, customers who may need help getting out of a wheelchair). Hurting or intending to hurt anyone is never allowed.
Sexual assault and misconduct
We all value our personal space and privacy. It’s OK to chat with other people while remaining respectful. But please don’t comment on someone’s appearance or ask whether they are single. Sexual assault and sexual misconduct of any kind is prohibited. Sexual assault and misconduct refers to sexual contact or behavior without explicit consent of the other person.
Personal space and privacy should be respected. The following list provides examples of inappropriate conduct but is not exhaustive.
Threatening and rude behavior
Aggressive, confrontational, or harassing behavior is not allowed. Don’t use language, make gestures, or take actions that could be disrespectful, discriminatory, threatening, or inappropriate. The following list provides examples of threatening or rude behavior but is not exhaustive.
If you are the recipient of or witness to any threatening or rude behavior, you can report the situation to Smiler and we will address any report in accordance with our policies.
Post-photoshoot contact
Contact should end when the photoshoot or booking is complete, unless it’s to return a lost item. Unwanted contact can be seen as harassment and includes, for example, texting, calling, social media contact, visiting, or trying to visit someone in person after a booking or photoshoot has been completed. Do not share any unnecessary contact information.
Discrimination
You should always feel safe and welcome. That’s why we don’t tolerate racist or discriminatory conduct and behavior, including toward the Smiler Support team. We encourage you to engage in all interactions with empathy, inclusivity, and intent to provide an anti-racist, anti-discriminatory space for everyone. Do not discriminate against someone or engage in a disparaging manner toward someone based on traits such as their race, ethnicity, skin color, age, disability, gender identity, marital status, pregnancy, national origin, religion, sex, sexual orientation, language, geographical location, or any other characteristic protected under relevant law.
The following list provides examples of discriminatory behavior but is not exhaustive.
If you are subject to discrimination or witness discriminatory behavior, you can report the incident to Smiler by tapping Help in the Smiler Photographer app so that our Support team can follow up and take the appropriate action. Call the local emergency number (for example 112 for UK) for immediate assistance if you feel like your safety is in danger. Smiler takes reports of discriminatory behavior very seriously. Any users found to have engaged in discriminatory behavior or used discriminatory language may lose access to the Smiler Marketplace Platform.
Property damage
Damaging property is never allowed. Some examples include damaging the camera or other mode of photography equipment requested through the Smiler Marketplace Platform, breaking or vandalizing a phone or tablet, intentionally spilling food or drink, damaging a venue’s premises, or vomiting due to excessive alcohol consumption or otherwise. If you damage property, you’re responsible for the cost of cleaning and repair fees, outside of normal wear and tear.
Everyone has a role to play in helping to create a safe environment. That’s why we have standards on account sharing, account holder age, and more.
Account sharing
Account sharing is not allowed. To use the Smiler Marketplace Platform, you need to register and maintain an active account. Don’t let another person use your account, and never share your personal information used in connection with your account, including but not limited to username, password, or photos of yourself, with anyone else to access the Smiler Marketplace Platform. For example, photographers must complete the whole duration and deliverables of the booking themselves—including greeting, scanning, photoshoots, travel between multiple locations (where relevant) and any final Q&A after the booking is confirmed—with no exception.
People under the age of 18
You must be 18 years or older to have an Smiler account. This means that you must be at least 18 years old to take photographs commercially. Account holders can’t request a booking or photoshoot for someone under the age of 18 who will not be accompanied by either the account holder or another adult during the photoshoot or booking. When scheduling a booking or on the spot photoshoots, children are also not allowed to use an adult’s Smiler account by themselves. These age limitations apply unless our local guidelines, terms, or other policies say otherwise.
Extra photographers and non-account photographers
When doing photoshoots with Smiler, no one other than the photographer, the requesting or booked consumer, and the consumer’s guests should be part of the experience unless the consumer's consent is granted and a paired up training is taking place. These guidelines apply unless our local guidelines, terms, or other policies say otherwise. When using Smiler, the account holder is responsible for the behavior of their entire party. If you request a booking or a photoshoot for another adult, you’re held responsible for their behavior during their booking or photoshoot.
Be alert
Being out on the location means doing your part to help keep yourself and others safe. This means keeping your eyes on your surrounding and being well rested, so you can react to any situation where needed. We review reports of incidents and potentially unsafe situations.
Proper maintenance and upkeep
Pursuant to the terms of their agreement with Smiler, photographers are expected to keep their cameras maintained and in good operating condition, including but not limited to lenses, grip, mirror, flash, and memory device. This means maintaining their camera according to industry safety and maintenance standards, and monitoring for and repairing any parts that are recalled by the camera manufacturer.
Share the public space
Safe locations and sites require photographers to practice safe behavior, which includes looking out for all travelers, regardless of how and where they are present.
Public emergencies
Smiler may take additional measures to try to preserve the safety of our platform during public emergencies, including but not limited to natural disasters, public health emergencies, and public crisis situations.
For example, if Smiler receives notice from a public health authority that someone using the Smiler Marketplace Platform may present a potential for public harm, we may temporarily block the individual’s access until it is reasonably safe to allow the individual to resume using the Smiler Marketplace Platform. Similarly, we may prevent individuals in an entire city or region from using part or all of the Smiler Marketplace Platform or impose other requirements to comply with guidance from authorities during a time of public health emergency, natural disaster, or other public crisis situation, or when the continued availability of the Smiler Marketplace Platform might present a danger.
We have standards based on applicable laws and regulations that everyone must follow. For example, using the Smiler Marketplace Platform to commit any crime—such as transporting drugs, money laundering, committing drug or human trafficking, or sexually exploiting children—or to violate any other law is strictly prohibited.
Follow all laws
Everyone is responsible for knowing and obeying all applicable laws, and the rules of the public locations—including complying with public safety and disturbance laws, signs, and other applicable rules—at all times when using the Smiler Marketplace Platform.
All relevant licenses, permits, and any other legal documents required of photographers must be kept up to date. For example, all photographers are required by law to maintain a valid work and residence permit. Local rules about usage of public and private spaces may limit where photographers and videographers can operate or be present in. For example, stopping in bike lanes or blocking accessibility passages may violate the law.
For customers, let your photographer handle the photoshoot or the booking. For example for customers, don’t touch the camera, and don’t tamper with the equipment or other components that are used to operate a camera. For customers, don’t ask a photographer to take explicit pictures or operate at an unlawful location
Drugs and alcohol
Drug use and open containers of alcohol are never allowed while using the Smiler Marketplace Platform.
If you’re a photographer, by law you cannot be present in public spaces while intoxicated. If you encounter a customer who is too drunk or rowdy, you have the right to decline the trip for your own safety.
If you’re a customer and you have reason to believe your photographer may be under the influence of drugs or alcohol, ask the photographer to end the booking or photoshoot immediately. Once you have left the premises, please also report your experience to Smiler.
Firearms ban
Customers and their group, as well as photographers, are prohibited from carrying firearms while using the Smiler Marketplace Platform, to the extent permitted by applicable law.
Fraud
Deception can weaken trust and also be dangerous. Intentionally falsifying information or assuming someone else’s identity, for example when signing in or undergoing a security check, isn’t allowed. It is important to provide accurate information when reporting incidents, creating and accessing your Smiler accounts, disputing charges or fees, and requesting credits. Only request fees or refunds that you’re entitled to, and use offers and promotions only as intended. Don’t knowingly complete invalid transactions.
Fraudulent activity may also include, but not be limited to: accepting a booking, or photoshoot requests without the intention to complete, including provoking customers to cancel for fraudulent purposes; creating dummy accounts for fraudulent purposes; claiming fraudulent fees or charges, like false editing fees; intentionally requesting, accepting, or completing fraudulent or falsified bookings or photoshoots; claiming to complete a booking without delivering the contents of the booking; accepting a booking and after the photoshoot takes place not delivering the entire booking on purpose; actions intended to disrupt or manipulate the normal functioning of the Smiler Marketplace Platform, including manipulating the settings on a phone to prevent the proper functioning of the platform and the GPS system; abusing promotions and/or not using them for their intended purpose; disputing charges for fraudulent or illegitimate reasons; creating improper duplicate accounts; or falsifying documents, records, or other data for fraudulent purposes.
Other unacceptable activities
Never use Smiler’s trademark or intellectual property without permission. If it’s required under local law to display Smiler-branded items, photographers should only use Smiler-branded items that are obtained from Smiler. Photographers should not display Smiler-branded items when they are not accessing the platform. photographers should also return Smiler-branded items to Smiler if they lose access to the platform. The use of unauthorized or third-party items—such as t-shirts, hats, placards, signs, or similar items bearing Smiler’s name or trademark—may confuse customers.
Losing access to the Smiler Marketplace Platform may be disruptive to your life or to your business. That’s why we believe it is important to have clear standards that explain the circumstances in which you may lose access to the Smiler Marketplace Platform. If you violate any terms of your contractual agreement with Smiler, or any applicable terms or policies, including any one of these Community Guidelines or any additional policies and standards that are communicated by Smiler to you from time to time, you can lose access to all or part of the Smiler Marketplace Platform. If you have more than one Smiler account, violating the Community Guidelines could also lead you to lose access to all Smiler accounts. If you believe an error caused you to lose access to your account, you may contact the Smiler Support team.
Smiler receives feedback through a variety of channels, reviews reports submitted to our Support team that may violate our Community Guidelines, and may investigate through a specialized team. If we are made aware of potentially problematic behavior, we may contact you so we can look into it. We may, at our sole discretion, put a hold on your account or turn your account inactive until our review is complete.
Not following any one of our guidelines may result in the loss of access to all or part of the Smiler Marketplace Platform. This can include reported violations of our Community Guidelines and certain actions you may take outside of the Smiler Marketplace Platform, including but not limited to information from other platforms, if we determine that those actions threaten the safety of the Smiler community, our employees, and contractors, or cause harm to Smiler’s brand, reputation, or business. And if the issues raised are serious or a repeat report, or you refuse to cooperate, you may lose access to the Smiler Marketplace Platform. Any behavior involving discrimination, violence, sexual misconduct, harassment, fraud, or deceptive, illegal, or unsafe activity, while using the Smiler Marketplace Platform can result in the immediate loss of access to the Smiler Marketplace Platform. Additionally, when law enforcement is involved, we will cooperate with their investigation in accordance with our Guidelines for Law Enforcement Authorities for the jurisdictions that we operate in.
Many states, cities, and airports regulate the provision of certain services, including photography services, on the Smiler Marketplace Platform. If we determine that your photographer account is not in compliance with applicable regulatory requirements, we may be required to remove your access to the Smiler Marketplace Platform.
You can read further about our terms of use here
*Note: Photographers are not agents (actual, ostensible, or otherwise) or employees of Smiler. Photographers do not act pursuant to any authority (actual, apparent, or otherwise). They are independent third-party providers.
