This Privacy Notice (“Notice”) applies to those who visit, download, or use, as applicable, the websites, mobile applications, properties, online services, or other services of Herschend Family Entertainment Corporation, and its subsidiaries and affiliates (collectively, “Herschend”, “we”, or “us”), any website that links to this Notice, or if you visit any of our physical properties (collectively, the “Services”). The Services include, without limitation, any publicly accessible Internet access system available at Herschend properties. This Notice also applies to those we may interact with in our business-to-business relationships.
This Notice is organized according to the Sections set forth below:
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 (“personal information”). For clarity, personal information does not include de-identified or aggregated information about a consumer or device.
Information You Give Us.We may collect personal information directly from you when you use our Services. For example, we may collect personal information such as your first and last name, home or other physical address, email address, telephone number, or information about your interactions with us or others. We (or a vendor on our behalf) may also collect payment information when you conduct a transaction with us. We may collect your personal information when you:
Information We Collect Automatically. We, and our vendors, may use tracking technologies to collect personal information about your online activities through the use of cookies, clear GIFs or web beacons, local shared objects or pixels (“tracking technologies). These tracking technologies may collect your IP address, device identifiers, user preferences, approximate geolocation, the pages you click on, the website you visited immediately beforehand, and details about how you interact with our websites (including clicks, cursor movement, scrolls, and keystroke activity).
We may use these tracking technologies for various purposes, including to provide functionality on our online Services, help us route traffic between servers, understand how our online Services are performing, how visitors use our online Services, improve features and content on our online Services, and for advertising purposes. For example, we may use the following technologies for the following purposes:
We or other parties may collect personal information about your online activities over time and across different websites when you use our online Services. Your web browser may have settings that allow you to transmit a “Do Not Track” signal when you visit various websites or use online services. Like many websites, our online Services are not designed to respond to “Do Not Track” signals received from browsers. Certain analytics and advertising vendors may participate in the Digital Advertising Alliance (“DAA”) AdChoices Program and may display an Advertising Option Icon for Interest-based Ads that links to an opt-out tool which allows you to exercise certain choices regarding targeting. You can learn more about the DAA AdChoices Program at https://youradchoices.com/control. Please be aware that, even if you are able to opt out of certain kinds of interest-based ads, you may continue to receive non-personalized ads.
Personal Information from Other Sources. We may obtain personal information about you from other parties. These may include public databases, social networks, other 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.
We, and others acting on our behalf, may use personal information for a variety of business purposes as described below.
Operate and Support our Services. We may use your personal information for other business purposes. For example, we may use personal information to provide you with information and notices concerning services you have requested, to send you information on new features, to notify you about changes to our terms, conditions, and policies, to provide support and assistance that you request, or to diagnose or address technical problems in the operation of our Services or other services.
Facilitate Account Creation and Support. If you establish an account with us, we may use personal information about you to manage or support your account. 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 parties to facilitate account creation, the logon process, and to provide account related support.
Advertise and Promote Products and Services. We may use your personal information 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 personal information to develop and display content and advertising (and work with other parties who do so) tailored to your interests and/or location and to measure its effectiveness.
Fulfill and Manage Orders. We may use personal information to provide our Services to you, including fulfilling and managing orders, payments, returns, and exchanges and to otherwise carry out our contractual obligations.
Communication. We may use your personal information to contact you through telephone, text, email, chat, or other means as permitted by law.
Improve and Evolve our Services. We may use personal information to evaluate and improve our Services, including researching, analyzing, and developing new products and services. We may also use your personal information to request feedback and to contact you about your use of our Services.
Protect Ourselves and Others. We may use your personal information to protect our own and others’ rights and property, including protection of our affiliates, customers, and members of the public, and for the safety and security of our Services including preventing fraud, theft, and injury to you, us, or others. We may also use your personal information to enforce the terms, conditions, and policies of our Services or other agreement with you.
Compliance with Laws. We may use your personal information to comply with law (including cooperation with regulators or officials), to obtain legal advice, and respond to subpoenas or other legal requests.
In Connection with a Business Transaction. We may use your personal information as part of a business transaction including in the event we sell or transfer all or a portion of our business assets (e.g., further to a merger, reorganization, liquidation, or any other business transaction), including negotiations of such transactions.
With your Consent. We may also use your personal information for any other purpose with your consent.
Affiliates and Subsidiaries. We may disclose personal 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.
With our Vendors. We may disclose personal information with vendors who help us operate our business or provide services on our behalf and who require access to such information to do so. For example, our vendors may 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, and others.
With our Business Partners. We may disclose personal information with our business partners including to provide you with other products and services that may interest you. We may also participate in joint ventures with others, and we may disclose information as part of such joint ventures.
Advertising and Analytics. We may disclose personal information to analytics companies and advertising networks for the purposes of ad targeting, remarketing, and customized advertising content.
Compliance with Laws. We may disclose your personal 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 personal 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.
In Connection with a Business Transaction. We may disclose personal information collected via the Services in connection with, or during the negotiations of, the financing, sale, or merger of our business or the transfer of all or any of our assets.
To the extent we grant external parties access to information collected via our mobile applications, they are expected to follow privacy practices no less protective than our practices. We do not share information you provide to enroll in our text messaging services or programs with third parties for those third parties’ own marketing purposes. We may share your text messaging opt-in information or consent status with service providers that help us administer our text messaging services, including but not limited to platform providers, phone companies, and other vendors who assist us in the delivery of text messages.
This Notice does not apply to websites operated by external parties. These other parties may have their own privacy policies governing their use of information. We recommend reviewing the privacy policy of these third-party websites. We are not responsible for the privacy practices of these third-party websites, including those who may advertise on our online Services but are otherwise unaffiliated with us.
Keep in mind that any personal information that you choose to disclose 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 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.
Social Networks. We may collect your personal information when you interact with us on social networks (such as Facebook and Instagram) or other third-party online services (each, a “Social Network”). If you choose to use a Social Network, personal information from those Social Networks may be made available to us. By connecting a Social Network account with our Services, you understand that we may access and retain personal information relating to that account.
We may operate sweepstakes, contests, raffles, and similar promotions (each, a promotion), including promotions that are jointly sponsored or offered by other parties. Participating in a promotion may require submitting personal information. If you choose to participate in a promotion, your personal information may be disclosed to these parties as described in the terms applicable to that promotion.
We maintain reasonable 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.
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 disclose to us.
This section supplements the other parts of our Notice and provides additional disclosures for consumers who reside in California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, and Virginia (each, a “Covered State”). Unless otherwise noted, the disclosures described in this Section 8 cover our practices for the prior 12 months as well as our current practices.
We may collect the categories of personal information that are indicated in the chart below. The chart also indicates our purposes for collecting, using, and disclosing each category of personal information. Please note that the specific pieces of personal information we collect, use, and disclose may vary depending on your relationship with us and how you interact with us and may not include all the examples listed.
| Category of Personal Information | Purposes for Collection, Use, and Disclosure |
| Identifiers, such as name, email address, postal address, or other similar identifiers | |
| Characteristics of protected classifications under state or federal law, such as age, gender, and disability status |
|
| Commercial information, such as products or services you have purchased |
|
| Personal records such as a phone number, signature, or health-related information |
|
| Internet or other electronic network activity, such as IP address, and other network related information |
|
| Geolocation information, such as your IP address |
|
| Inferences, such as preferences |
|
| Sensory data, including audio and visual data such as audio recordings of customer calls and CCTV footage |
|
| Professional or other employment-related information, such as your employer |
|
Some of the personal information we collect is considered sensitive personal information under state privacy laws, including health-related information (for accessibility purposes). We do not use or disclose sensitive personal information for purposes to which the right to limit use and disclosure applies under the CCPA.
Under certain state privacy laws, we may “sell”/“share” personal information for targeted or cross-contextual behavioral advertising, including the following categories of personal information.
We sell and/or share this personal information to third-party advertisers, marketing companies, and analytics companies. The purposes for which we sell and/or share this information for targeted advertising include: showing you relevant ads while you browse the internet or use social media, marketing, providing us analytics, or similar purposes. We do not have actual knowledge that we sell or share the personal information of consumers under 18 years of age.
Consumers that reside in a Covered State may have certain rights relating to your personal information as described below. To exercise any of these rights, please submit a request through our webform or by calling us at 844-310-0100. Please note that we will need to authenticate your identity before your request can be processed. For authentication, you will be asked to verify your identity in accordance with the law. 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.
You may designate an authorized agent to make certain requests on your behalf, but you may still need to authenticate your identity directly with us before your request can be processed.
We do not profile in a manner that would result in legal or similarly significant effects and as such do not offer this right. We will not discriminate against you for choosing to exercise any of your privacy rights.
Right to Know: If you reside in California, you may have the right to know what personal information we have collected about you, which includes:
(1) The categories of personal information we have collected about you, including:
a. The categories of sources from which the personal information was collected.
b. Our business or commercial purposes for collecting, selling, sharing, or disclosing personal information.
c. The categories of recipients to which we disclose personal information.
d. The categories of personal information that we sold, and for each category identified, the categories of third parties to which we sold that particular category of personal information.
e. The categories of personal information that we disclosed for a business purpose, and for each category identified, the categories of recipients to which we disclosed that particular category of personal information.
(2) The specific pieces of personal information we have collected about you.
Right to Confirm, Know, or Access Personal Information: You may confirm whether we are processing your personal information, access your personal information, and obtain a copy of the personal information you provided to us in a portable format.
Right to Delete: You may have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions.
Right to Correct: If you believe that personal information we maintain about you is inaccurate, you may have the right to request that we correct that information.
Right to Opt Out of Sales, Sharing, and Targeted Advertising: You may have the right to opt out of the sale of your personal information, and to request that we do not share your personal information for targeted or cross-context behavioral advertising. To opt-out of non-tracking technology based sales, sharing, and targeted advertising, please use our webform. To opt-out of tracking technology based sales, sharing and targeted advertising, please click the “Do Not Sell or Share My Personal Information” link in the footer of our websites. You may also exercise your right to opt of sales, sharing, and targeted advertising via an opt out preference signal such as the Global Privacy Control (GPC). If you choose to use the GPC browser signal you will need to turn it on for each browser you use.
Right to Appeal: Sometimes we are unable to process requests relating to your personal information, in which case, your request will be denied. If you believe we denied your privacy rights request in error, you may appeal for reconsideration of your request using our webform or toll-free phone number.
Please note that if you make a privacy rights request, we will retain the personal information submitted in connection with your request for recordkeeping purposes.
Shine the Light. California's "Shine the Light" law permits California customers to request certain information regarding our disclosure of certain personal information to third parties for their own direct marketing purposes. If you are a California resident, you may request information about our compliance with the Shine the Light law by contacting us at info@hfecorp.com or by sending a letter to Herschend Family Entertainment Corporation, Attn: Online Services 157 Technology Parkway, Suite 100, Peachtree Corners, GA, 30092. Any such request must include "California Shine the Light Request" in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we do not disclose personal information to third parties for their direct marketing purposes.
We keep the categories of personal information described in this Notice for as long as is necessary for the purposes described in this Notice or otherwise authorized by law.
This generally means holding each category of personal information for as long as one of the following criteria apply:
Where personal information is used for more than one purpose, we may retain it until the purpose with the latest period expires. For more information about our retention policies, please contact us using the contact details below.
Our Services are not intended for children under 13. If we learn that we have received information directly from a child who is under the age of 13, we will delete the information in accordance with applicable law.
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 Last Updated Date listed above, or as otherwise notify you as required by applicable law.
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
157 Technology Parkway
Suite 100
Peachtree Corners, GA, 30092
Fax: 770-441-3266
info@hfecorp.com
