Herschend Enterprises Consolidated Global Online Privacy Notice
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 Live Holdings, Inc., and its subsidiaries and affiliates (collectively, “Herschend”), that provide this Notice (collectively, the "Services"). 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.
Social Media. 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.
Email. 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.
Geolocation. 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.
In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
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. We process your personal information for these purposes in reliance on our legitimate business interests ("Business Purposes"), in order to enter into or perform a contract with you ("Contractual"), with your consent ("Consent"), and/or for compliance with our legal obligations ("Legal Reasons"). We indicate the specific lawful basis for processing your information which we rely on next to each purpose listed below.
Facilitate Account Creation and Support. (Consent) 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. (Business Purpose and/ or Consent) 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. (Business Purpose and/ or Consent) 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. (Contractual) 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. (Business Purposes and/or Consent) We may use your information to administer prize draws and competitions when you elect to participate in competitions.
Make Other Contacts. (Business Purposes and/or Consent) 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. (Business Purposes and/or Consent) 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. (Business Purposes and/or Legal Reasons)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. (Business Purposes, Legal Reasons, and/ or Contractual) 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. (Business Purposes) 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: We keep your information for as long as necessary to fulfill the purposes outlined in this Notice, unless otherwise required by law.
We will keep your information for as long as it is necessary to allow us to perform the purposes set forth in this Notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). When we have no further need for your information for the purposes set forth herein, we will either delete it or anonymize it, or, if neither of those options are possible (for example, if your information has been stored in backup archives), we will securely store your information until deletion is possible.
Summary: We may transfer, store, and process your information in countries other than your own.
Our business and our servers for our websites and other online Services are located in Peachtree Corners, Georgia, United States. If you are accessing any of our Services from outside of the United States, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by the third parties that we share your information with, in the United States and other countries. If you are a resident in the European Economic Area, then these countries may not have data protection laws as comprehensive as those in your country. We will however, take all necessary measures to protect your personal information in accordance with this Notice and applicable law.
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: 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).
Legal Rights. 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.
Business Purposes. 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.
Consent. 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:
In the preceding twelve (12) months we have sold the following categories of personal information.
Category A: Identifiers
Summary: Residents of some regions such as the United States and the European Economic Area have certain rights relating to access to and control of their personal information. We also provide means by which users of our Services who are not residents of the United States or the European Economic Area can control certain uses of 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.
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 General Data Protection Regulation (the “GDPR”). Any terms defined in the GDPR 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,
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.