Privacy Policy

 

At Cherry Hill Programs (“CHP,” “we,” “our,” or “us”), we appreciate the trust our prospective or existing customers (“you” or “your”) place in us when you choose to communicate or interact with us – and we take that responsibility seriously. 

 This Privacy Policy (the "Policy") describes how CHP, including its affiliates and subsidiaries, collects and uses personal information when you visit one of Cherry Hill Programs websites, including but not limited to createholidaymagic.com, createphotomagic.com, cherryhillprograms.com, whereissanta.com, whereisbunny.com, pgiphotos.com (the “Sites”), use CHP mobile applications (the “Apps”), or visit our Souvenir and/or Holiday photography experience locations (collectively, the “Services”). 

 By accessing our Services on any computer, mobile phone, tablet, or another device (collectively, “Device”), making a purchase from CHP, or otherwise communicating or interacting with CHP, you agree to the terms of this Policy.  If you do not agree to the terms of this Policy, please do not use our Services.  We may modify this Policy at any time and will post the current version on the Sites as further detailed in the “Updates to this Policy” section below.  We encourage you to periodically review this Policy to stay informed about how we are using the information that we collect. 

 

1. WHAT CATEGORIES OF INFORMATION WE COLLECT

 

We may collect certain information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, with a consumer (“Personal Information”).  Personal Information does not include de-identified or aggregated consumer information that cannot be reasonably linked to you, and we may use such data for any purpose.  The following types of Personal Information have been collected from consumers in the preceding 12 months:  
  1. Identifiers and contact information, such as your name, address, phone number, or email address;
  2. Commercial information, such as the products and services you purchased, obtained, or considered, other purchasing or consuming histories or tendencies, marketing preferences, and account settings;
  3. Payment information, such as your payment method, payment information (e.g., debit or credit card number and information), and billing address;
  4. Communications and interactions, such as information provided in email messages, chat sessions, text messages, and phone calls with you;
  5. Demographic information, such as age or birthdate, gender, ZIP code, and other information about you;
  6. Photographs and videos, such as the photos, videos, or audio recordings that are prepared when you utilize one of our Services;
  7. Geolocation information, such as location information that is provided when you access our Sites, utilize our Services at retail locations, or from the device that you use with our Apps if your settings allow us to collect location information;
  8. Internet or other electronic network activity information, such as your IP address, internet provider, operating system and browser used, type of device (such as laptop or smartphone), Device cooking settings, and other Device details (such as MAC address and geolocation) when you visit our Sites or use our App.  The collected information also may include information about when and how you access and use our Sites or App, such as the date and time of your visit or use, the websites you visit before coming and after leaving one of our Sites, how you navigate, and what you search for using our Sites and App, the website pages and items you view using our Sites and App and the items you purchase;
  9. Inferences, such as any inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, or attitudes;
 
 

2. HOW WE COLLECT INFORMATION

 

CHP collects information on our Sites, through our Apps, during calls with you, and at our Holiday and Souvenir field locations. We also obtain information from you and from third parties. Examples of our data collection practices include: 

  1. You provide the information to CHP, such as by making a purchase, interacting with our personnel at a Bunny or a Santa set, visiting or contacting us, participating in one of our events, responding to a survey, engaging in promotional activity, utilizing a Device on our Sites or App, registering to attend an event or appointment, applying for employment, or signing up for emails or marketing
  2. From CHP’s  affiliated companies
  3. From mission-aligned partners and licensees, such as malls and retail partners that host locations for our Services or that provide us with leads to market our Services, or third parties that license or sell information to us
  4. From service providers, such as payment processors, technology providers, or companies that assist with marketing services to assist us to provide you with our Services
  5. From social media platforms and networks, including platforms your use in connection with CHP Sites and App, or that share or allow you to share information with us, such as Facebook, Twitter, Pinterest, and Instagram.
 

3. OUR BUSINESS OR COMMERCIAL PURPOSE FOR USING YOUR PERSONAL INFORMATION

 

CHP uses all categories of information collected to conduct business and provide you with the best possible products, services, and experiences.  Examples of how may use your information include:

  1. To provide you with products and services, such as by improving the quality, safety and security of the Services, customizing our Services, facilitating your interactions with CHP Holiday and Souvenir photography locations, fulfilling orders, administering your account, responding to inquiries, and processing payments
  2. For marketing and advertising, such as by sending marketing and advertising communications and customizing the marketing and advertising provided to you
  3. For our internal business purposes, such as to improve processes and experiences of our Services, including the Sites and App; maintain programs, accounts, and records; for research; to determine your satisfaction with our Services; to detect and prevent fraud or misuse of CHP services; to seek advice and consultation from lawyers, auditors, insurance companies, and other professional advisors; and to engage in other internal business purposes that are permitted by law
  4. For legal and safety purposes, such as defending or protecting CHP, our customers, you, and/or third parties from harm or in legal proceedings; protecting CHP rights; protecting CHP’s security and the security of our customers, employees, and property; responding to court orders, lawsuits, subpoenas, and government inquiries if requested; and addressing legal and regulatory compliance
  

4. HOW WE SHARE INFORMATION

 

CHP may disclose Personal Information to the following categories of entities:

  1. The Cherry Hill Programs family of brands and companies and our other affiliates and subsidiaries
  2. Service providers that assist us to provide our Services to you, market or advertise to you and perform any other actions or activities allowed under this Policy.  These service providers include credit card processors, mailing houses, website hosting companies, email vendors, and providers of online reservation services.
  3. Social media platforms and networks, such as Facebook, Twitter, Pinterest, and Instagram that offer functionalities, plugins, widgets, or tools in connection with CHP Sites or App
  4. Mission-aligned business partners, such as management companies and owners of retail locations where our Services are provided.
  5. Joint promotion or other marketing partners who may provide gifts, offers or promotions with purchases of our Services for the purpose of delivering the product or service, or may arrange to send you marketing and promotional information of other reputable companies that may be of interest to you.
  6. Parties to business transactions, such as those we deal with in mergers, acquisitions, joint ventures, sales of assets, reorganizations, divestitures, dissolutions, bankruptcies, liquidations, or other types of business transactions. In these types of transactions, Personal Information may be shared, sold, or transferred, and it may be used subsequently by a third party
  7. Additional third parties such as law enforcement, government entities, courts, or other third parties as required or allowed by applicable law, such as for the legal and safety purposes, or otherwise to help prevent harm or fraud to us, you, our customers, or other third parties. We may also share personal information with third parties upon your request or with your approval, though we may not be able to accommodate all requests

5. COLLECTION AND USE OF PERSONAL INFORMATION IN THE CONTEXT OF ONLINE ADVERTISING 

 

Cookie Policy

Like most commercial websites, we analyze how visitors use the Sites with "cookie" technology. A cookie is a small text file that is placed on your computer when you access the Sites and allows us to recognize you each time you visit the Sites. We may use cookies to (1) allow you to use the Sites without having to reenter your username; (2) enhance or personalize your Sites usage and shopping experience; (3) monitor Site usage; (4) manage the Sites; and (5) improve the Sites and our Services, including providing you with interest-based ads. For more information on our advertising, see the “Interest-Based Advertising" section below. If you choose, you can set your browser to reject cookies or you can manually delete individual cookies or all of the cookies on your computer by following your browser’s help file directions. However, if your browser is set to reject cookies or you manually delete cookies, you may have some trouble accessing and using some of the pages and features on the Sites. Please note that browser-management tools for cookies are outside of our control, and we cannot guarantee their effectiveness.

We may also use web beacons on the Sites, in our emails, and in our advertisements on other websites. Web beacons are tiny graphic images that are used to collect information about your visit to the Sites, such as the pages you view and the features you use, as well as information about whether you open and/or act upon one of our emails or advertisements. We may also collect the URL of the website you visited immediately before coming to the Sites. Web beacons help us analyze the Sites’ visitor behavior and measure the effectiveness of the Sites and our advertising. We may work with service providers that help us track, collect and analyze this information.

We may combine the information we collect through cookies and web beacons with other information we have collected from you or information from other sources.

 

Internet-Based Advertising

We may partner with third-party advertising companies on the Sites, such as Google and Facebook, that use tracking technologies to serve our advertisements across the Internet. These advertising companies may collect information about your visits to the Sites and other websites and your interaction with our advertising and other communications. These advertising companies serve ads on behalf of us and others on nonaffiliated sites, and some of those ads may be personalized, meaning that they are intended to be relevant to you based on information collected about your visits to the Sites and elsewhere over time. Other companies may also use such technology to advertise on the Sites.

You have the choice to tell us not to collect and use this information, and in some jurisdictions we will only engage in interest-based advertising if you opt-in. If you would like more information about this practice and to know your choices concerning interest-based ads, visit https://optout.networkadvertising.org/ or https://youradchoices.com/control .

  1. In Canada, please visit http://youradchoices.ca/choices/
  2. In the EU, please visit http://www.youronlinechoices.eu/
     

6. SECURITY

CHP uses commercial reasonably physical, technical and administrative security measures to reduce the risk of loss, misuse, unauthorized access, and disclosure.  Please be aware, however, that no security measures are perfectly secure, and we are unable to guarantee the security of your personal information. We encourage you to take steps to help protect the confidentiality and security of your account and personal information. 

 

7. CHILDREN'S PRIVACY 

CHP’s Services are not directed to children under 13 years of age, and CHP does not knowingly collect personal or other information from anyone it knows is under the age of 13.  If you believe that your child under the age of 13 has submitted Personal Information to CHP in connection with our Sites or App, and without prior verifiable parental consent, please contact us at the information below so that we can take steps to delete the Personal Information.

 
 

8. YOUR PRIVACY RIGHTS

CHP uses information to improve your experience on our Sites, our App, and at Holiday and Souvenir photography experience locations. Because your experience matters most, we give you certain choices regarding our use and disclosure of your Personal Information for promotional purposes.  You may opt-out from receiving electronic communications from us by contacting us at marketing@cherryhillprograms.com.  If you no longer want to receive promotional-related emails from us, you may opt-out according to instructions in such communications.  Please note that if you opt-out of receiving marketing-related messages, we may still send you important administrative messages.

 
 

9. RIGHTS FOR CALIFORNIA CONSUMERS

In addition to the rights described in the section above entitled “Your Privacy Rights,” if you are a California resident, you may request information about our disclosure of personal information to third parties or affiliated companies for their direct marketing purposes. To make such a request, please contact us as set forth in the “Contact Us” section below.

 If you are a California resident, California law also provides you with the following rights with respect to your personal information:

  1. The right to know what personal information we have collected, used, disclosed and sold about you. To submit a request to know, you may call us at or email us at marketing@cherryhillprograms.com. You also may designate an authorized agent to make a request for access on your behalf.
  2. The right to request that we delete any personal information we have collected about you. To submit a request for deletion, you may call us at 1.800.969.2440 or email us at marketing@cherryhillprograms.com.  You also may designate an authorized agent to make a request for deletion on your behalf.
  3. The right to opt-out of the sale of your personal information by visiting our web form. You also may designate an authorized agent to make a request to opt-out of the sale of your personal information on your behalf. Please see below for the categories of personal information we have sold about you in the preceding 12 months.

When you exercise these rights and submit a request to us, we will verify your identity, which may include asking you to log in to your account if you have one with us. If you do not have an account with us, we may ask for your email address, order numbers of previous orders of our products and services, the last four digits of a credit or debit card or a bank account number used to make a purchase, the date of your last purchase from us, or other information that we believe you will know that will allow us to verify that the request is coming from the person named in the request.

Your exercise of these rights will have no adverse effect on the price and quality of our goods or services.

 For the 12-month period prior to the date of this Policy, we have sold the following categories of personal information:

  1. Identifiers such as a real name, alias, postal address, unique personal identifier (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; customer number, unique pseudonym, or user alias; telephone number and other forms of persistent or probabilistic identifiers), online identifier, IP address, email address, account name, and other similar identifiers;
  2. Commercial information, including records of personal property, products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies;
  3. Internet and other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications or advertisements; and
  4. Inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
 
 

10. RIGHTS OF EU DATA SUBJECTS

In addition to the rights described in the “Your Privacy Rights” section above, if you are a European data subject, you have certain rights in relation to your Personal Information under the applicable European data privacy laws.

 

Use of Personal Information

CHP generally acts as a data controller of your Personal Information submitted to us.  We rely on your Personal Information for the legitimate commercial purposes of providing our products and services to you.  Where we need to collect Personal Information by law or under the terms of a contract we have with you, and you fail to provide that Personal Information when requested, we may not be able to provide you with our products or services. We make sure we consider and balance any potential impact on you and your rights before we process your Personal Information.  We do not use your Personal Information for activities where our interests are overridden by the impact on you unless we have your consent or are otherwise required or permitted to by law.

We also may rely on your consent to collect, use or disclose your Personal Information.  If we are relying on your consent to process your Personal Information, you have the right to withdraw your consent at any time by contacting us at the information below.

We will only use your personal information for the purposes for which we collected it unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.  If we need to use your Personal Information for an unrelated purpose, we will notify you and explain the legal basis that allows us to do so.

If you are located in the EU and have any complaints regarding our privacy practices as a data controller, you have the right to make a complaint at any time to your local Supervisory Authority.  However, we would appreciate the chance to address your concerns before you approach your Supervisory Authority, so please contact us first at the information below.

 

Your Rights

Applicable European data privacy laws give certain visitors the right to access their personal information. Your right of access can be exercised in accordance with the European data privacy laws. If you would like to request a copy of your personal information being held by us or request that it be deleted, or to update and/or correct your personal information or request that we provide a copy to another data controller of your personal information that you have provided to us, please contact us as detailed in the “Contact Us” section below. We will need enough information to ascertain your identity as well as the nature of your request. We will aim to respond to your request within one (1) calendar month of receipt of the request. Where we were unable to do so within the calendar month, we will notify you of the soonest practicable time within which we can respond to your request (and within three (3) months from the date of your request).

 There are certain exemptions and restrictions of these rights under the European data privacy laws that enable personal information to be retained, processed or withheld from access and we will inform you of these exemptions and restrictions, if applicable. If you would like to exercise any of these rights, please contact us as detailed in the “Contact Us” section below.

 
 

11. RIGHTS FOR CANADA CONSUMERS

CHP must comply with the Canadian Privacy Act and CASL regulations.

If you are a Canadian Citizen, then, pursuant to Principle 9 of the Model Code for the Protection of Personal Information, you have the right to request the existence, use and disclosure of your Personal Data and be given access to that information. You are further able to challenge the accuracy and completeness of the information and have it amended as appropriate. Specifically, you are entitled to obtain free of charge, information from us regarding whether we have any of your Personal Data, an account of the use that has been made of that information, and an account of the third parties to which it has been disclosed. Please submit any such request (“Canada Privacy Rights Request”) to any one of the following marketing@cherryhillprograms.com with the subject: Your Canada Privacy Rights. 

We will not accept a Canada Rights Request via telephone or fax; and are not responsible for a Canada Privacy Rights Request that is incomplete, incorrectly labeled or incorrectly sent. Finally, as explained further above, we do not authorize third parties to collect your personal information when you use the Site, except as expressly stated in this Privacy Policy. To the fullest extent permitted by law, we are not responsible for, and you hereby release us from, all liability which may arise from, such third parties’ unauthorized collection of your personal information.

 
 

12. DATA STORAGE IN THE UNITED STATES

Our Sites and App are intended for use of residents of the United States. If you utilize our Services from outside the United States, you understand and agree that your Personal Information may be transferred to, stored, and processed in the United States or other countries in accordance with this Policy. The data protection and other applicable laws of the United States or other countries may not be as comprehensive as those laws or regulations in your country or may otherwise differ from the data protection or consumer protection laws in your country. Your information may be available to government authorities under lawful orders and law applicable in such jurisdictions. By using our Services and/or providing Personal Information to us, you consent to the transfer of your information to the United States or other countries as described in this Policy.  

 
 

13. UPDATES TO THIS POLICY

We reserve the right to amend this Policy at any time. We will post all changes to this Policy on the Sites, so you should review this Policy periodically. Any such amendments to this Policy may apply to information we collect in the future as well as any information we obtained prior to such amendment. If we make a material change to this Policy, we will provide appropriate notice as required by law.

 
 

14. CONTACT US

If you have any questions or comments regarding the Policy or how we collect and use your information, please contact us at:

 

4 E. Stow Road | Suite 101
Marlton, NJ 08053
Phone: 1.800.969.2440
E-mail: marketing@cherryhillprograms.com 

If we need or are required, to contact you concerning any event that involves your information, we may do so by email, telephone, or mail. If you make a purchase, we will send you a confirmation email.

Last Updated January 2024