Effective Date: October 12, 2020
This Privacy Notice ("Notice") applies to those who visit, download, or use, as applicable, the websites, mobile applications, online services, or other services of Herschend Family Entertainment Corporation, and its subsidiaries and affiliates (collectively, “Herschend”), that provide this Notice (collectively, the "Services"). The Online Services include, without limitation, any publicly accessible Internet access system available at Herschend properties. This Notice does not apply to data that does not allow us or third parties to identify or contact you.
This Notice is organized according to the Sections set forth below:
Summary: We collect personal information that you provide to us such as name, address, contact information, device information, passwords and security data, payment information, and social media login data.
Information You Give Us
We may collect and retain any information provided by you or gathered from your devices in connection with your online activity. For example, we collect information you give us when you:
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you individually or your device or devices. For example, we may collect information such as your first and last name, home or other physical address, email address, telephone number, date of birth and other information that permits you to be contacted physically or online, and other information, including information about your interactions with us or others. You may also provide us information about others, e.g., when purchasing tickets or registering for an event. We may also collect payment information when you conduct a transaction with us. You may choose not to provide certain information to us but doing so may restrict your ability to use our Services or conduct certain business with Herschend.
For clarity, personal information does not include de-identified or aggregated information about a consumer or device.
We may collect information through our presence on social media and networking platforms. You may have the options to use social networks (such as Facebook and Instagram) or other third party online services (each, a “Social Network”) to access our Services. If you do so, information from those Social Networks may be made available to us. By associating a Social Network account with our Services, you agree that we may access and retain information relating to that account in accordance with the policies of such Social Network and this Notice. For example, we may be able to access account or profile information that you have provided to the Social Network or information about your interactions with the Social Network.
Keep in mind that any information shared with or on a third party platform such as a Social Network site is not subject to this Notice, rather it is subject to the policies of such third party. This is true even if such information is shared on a page, channel, area, or portion of such third party platform that contains any Herschend marks, or brands or that is dedicated to any Herschend property, marks, or brands.
In addition, we may offer social networking features through our Services. Through participation in these features, you may choose to share information with us regarding your interests, hobbies, activities, geographic location, and likes and dislikes. We may also collect information about you that we receive from other users or from third party applications or websites, such as data that is generated when another user tags you in a photo, video, or place, provides details about you, or indicates a relationship with you. Through ourselves or with third parties, we may keep track of transactions and connections that you make, applications that you use, feedback that you give to others, content that you provide or upload, how you respond to ads, and other actions that you take on the Services. We may also collect email addresses of people you know (e.g., so that you can add them to your contacts).
Device and Web Browsing Information
We may collect information from your devices and about your web browsing when you visit or use our Services. We may collect information such as:
We may allow third parties to use Data Technologies on our Services. The information collected by Data Technologies may be shared with, and used by, us, by others acting on our behalf, or by third parties subject to their own privacy policies. Information collected by Data Technologies may be used on the Services or on other websites or services, including those that may not be operated by us.
We may collect information regarding the effectiveness of our email and other communications with you. For example, we may know if you follow a link in an email we send to you.
We may collect session and geolocation information from your device. Geolocation information includes data such as your device’s precise physical location and may include GPS-based, WiFi-based, or cell-based location information.
Information from Other Sources
We may obtain information about you from other third parties. These may be public databases, Social Networks, third parties that interact with us in connection with the services we offer, or that interact with us to understand the success of our marketing strategies. This information may include social media profile information (name, gender, birthday, email current city, state, and country, user identification numbers for your contacts, profile picture and any other information that you choose to make public), information about your use of our Services, your use of other websites, your interests and preferences, and other information about you or your household. We and others may combine information about you.
In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
|A. Identifiers.||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.||YES|
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.||YES|
|C. Protected classification characteristics under California or federal law.||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).||YES|
|D. Commercial information.||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||YES|
|E. Biometric information.||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.||NO|
|F. Internet or other similar network activity.||Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.||YES|
|G. Geolocation data.||Physical location or movements.||YES|
|H. Sensory data.||Audio, electronic, visual, thermal, olfactory, or similar information.||NO|
|I. Professional or employment-related information.||Current or past job history or performance evaluations.||NO|
|J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||NO|
|K. Inferences drawn from other personal information.||Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||YES|
Summary: We process your information for purposes based on legitimate business interests, the fulfillment of contracts or transactions with you, compliance with our legal operations, and/ or with your consent.
We, and others acting on our behalf, may use the information that we gather to operate our businesses through a variety of business purposes described below.
Facilitate Account Creation and Support
If you establish an account with us, we may use information about you to manage or support your account. We may identify your use of our Services from different devices, and we may use information we collect from you and receive from others to optimize your use of the Services and our services as you use different devices. If you choose to link your account with us to a third party account (such as your Google, Apple, or Social Network accounts), we use the information you allowed us to collect from those third parties to facilitate account creation, the logon process, and to provide account related support.
Advertise and Promote Products and Services
We may use the information we gather to market, advertise, offer, provide, or personalize products and services from us. For example, we may customize content, advertising, communications, and promotions to reflect your preferences, interests, or prior interactions with us and others.
Deliver Targeting Advertising
We may use your information to develop and display content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.
Fulfill and Manage Orders
We may use the information that we gather in order to provide our services to you, including fulfilling and managing orders, payments, returns, and exchanges and to otherwise carry out our contractual obligations.
Administer Prize Draws and Competitions
We may use your information to administer prize draws and competitions when you elect to participate in competitions.
Make Other Contacts
We may use the information we gather to contact you through telephone, text, email, chat, or other means as permitted by law.
Improve and Evolve Our Services
We may use the information that we gather in order to evaluate and improve our services, including improving our Services and researching, analyzing, and developing new products and services. We may also use your information to request feedback and to contact you about your use of our Services.
Protection of Ourselves and Others
We may use the information that we gather to protect our own and others’ rights and property, including protection of our affiliates, customers, and members of the public. We may use and share the information we gather to comply with law (including cooperation with regulators or officials), legal process or legal advice, and for the safety and security of our Services including preventing fraud, theft, and injury to you, us, or others. Enforcement and Legal Requests. We may use the information that we gather to enforce terms, conditions, and policies of our Services or other agreement with you. If we receive a subpoena or other legal request, we may need to inspect the information we hold to determine how to respond.
Operate and Support our Services
We may use the information that we gather for other business purposes. For example, we may use the information that we collect or receive to analyze and identify usage trends, determine the effectiveness of our promotional campaigns, provide you with information and notices concerning services you have requested, to send you new feature information, to send you information about changes to our terms, conditions, and policies, to provide support and assistance that you request, to evaluate and improve our Services, products, services, marketing and your experience, or to diagnose or address technical problems in the operation of our Services or other services.
Summary: This Notice only addresses our own information practices. It does not apply to third party websites.
This Notice does not apply to information you share with third parties even if we link to those third parties on our websites or other online Services. These third parties may have their own privacy policies governing their use of information which policies you can access from their websites. Please note that other parties may collect personally identifiable information about your online activities over time and across different websites when you use our Services. We are not responsible for the safety of any information that you share with third parties, including those who may advertise on our Services but are otherwise unaffiliated with us.
Summary: Summary: We may share your information with your consent, to comply with laws, to protect or enforce legal rights, or for business purposes.
Compliance with Laws
We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person, illegal activities, or as evidence in litigation in which we are involved.
We may share the information we gather, including your personal information for business purposes as further described below.
We may share information with third party vendors, service providers, contractors, or agents who help us operate our business or provide services on our behalf and who require access to such information to do so. These service providers include those who may provide payment processing services, email delivery services, help us verify identities and backgrounds, those who help us handle your account or provide customer service, analytics companies, advertising networks and others, such as those that provide Data Technologies on our Services.
We may share information with our corporate affiliates (meaning our parent company and any subsidiaries, or other companies that we control or that are under common control with us) for their business purposes, to provide services, or to perform marketing. We may also participate in joint ventures with others, and we may share information as part of such joint ventures. We may share information with other selected third parties, including those who may use the information we provide to send you offers that may be of interest to you.
We may disclose your personal information for any other purpose with your consent.
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
|Category A: Identifiers.||Maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business.|
|Category B: California Customer Records personal information categories.||Processing payments.|
|Category D: Commercial information.||Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.|
|Category F: Internet or other similar network activity.||Website analytics services for maintenance, monitoring, and planning operations. Also used for debugging to identify and repair errors that impair existing intended functionality.|
|Category G: Geolocation data.||Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.|
|Category K: Inferences drawn from other personal information.||Marketing services.|
In the preceding twelve (12) months we have sold the following categories of personal information:
Summary: Users of our Services have certain access, deletion, portability, and non-discrimination rights with respect to their personal information.
Right to Access Personal Information
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your Verifiable Consumer Request (as defined below), we will disclose to you:
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your Verifiable Consumer Request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
Do Not Sell Rights
Our websites have a link labeled “Do Not Sell My Personal Information”. When you select this option, our website sends a signal to third parties associated with our site telling them not collect data associated with you. For more information see https://docs.osano.com/article/95-iab-ccpa-framework.
Any further requests must be performed by contacting us directly using the contact information provided below.
Exercising Access, Data Portability, and Deletion Rights – Verifiable Consumer Request
To exercise the access, data portability, and deletion rights described above, please submit a Verifiable Consumer Request to us by either:
Only you or an authorized agent (designated by a written authorization signed by you) may make a Verifiable Consumer Request related to your personal information. You may also make a Verifiable Consumer Request on behalf of your minor child.
You may only make a Verifiable Consumer Request for access or data portability twice within a 12-month period. The Verifiable Consumer Request must:
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a Verifiable Consumer Request does not require you to create an account with us. We will only use personal information provided in a Verifiable Consumer Request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We endeavor to respond to Verifiable Consumer Requests within 30 days of their receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the date of receipt of the Verifiable Consumer Request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your Verifiable Consumer Request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your privacy choices or rights listed above. We will not do any of the following due to your decisions with respect to your data privacy choices:
Additional Rights Applying Only to Residents of the European Economic Area
Residents of the European Economic Area may:
Additionally, no personal information of a resident of the European Economic Area will be used by Herschend to make a decision regarding such resident solely by automated means without any human involvement or in connection with automated processing of personal data to evaluate certain things about an individual.
In addition to the rights and choices described above, you may limit and control the information provided to us in a number of ways. However, please keep in mind that you may not be able to use all features of our Services if you limit the information you share with us.
Please review the choices and rights described in Section 4 above which, along with the rest of this Notice, are intended to comply with the California Consumer Privacy Act of 2018 (the “CCPA”). Any terms defined in the CCPA shall have the same meaning when used in this Notice.
We honor them and do not track, place cookies, or use advertising when a Do Not Track browser mechanism is in place.
What is a Cookie?
Cookie is a term for a packet of data that a computer receives from a website to help the website keep track of visits and activity. There are many different types of cookies that perform different activities.
The Services may place cookies on your browser for a variety of reasons detailed below. Unfortunately, in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to our Services. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.
You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the Services. Therefore, it is recommended that you do not disable cookies.
The Cookies We Set
We reserve the right to amend this Notice at our discretion and at any time. When we make material changes to this Notice, we will update this website and change the Effective Date listed above.
You can contact us with questions or comments about our privacy practices or this Notice by contacting us at:
Herschend Family Entertainment Corporation,
Attn: Online Services – Bryan Hardman
5445 Triangle Parkway
Peachtree Corners, GA, 30092
Summary: Summary: We protect personal information through organizational procedures and technical safety measures.
We maintain administrative, technical, and physical safeguards designed to protect the personal information you provide us through our Services. However, you should understand that no safeguards guarantee 100% security and that any use of our Services and transmission of personal information to our Services is at your own risk.