TERMS AND CONDITIONS & PRIVACY POLICY

TERMS AND CONDITIONS & PRIVACY POLICY

Last revised: February 2020

Effective: February 2020

TERMS AND CONDITIONS

These Terms and Conditions (“Terms”) set forth the terms and conditions that govern your use of the website and application and any delivered content (the “Services”) as well as your account. To become a subscriber to the App, you must use your app store account, and comply with the requirements of the app store. To become a subscriber on the website, you must create an account at hiddenpictures.highlights.com, and comply with the requirements herein.

By using the Services and accessing the Highlights for Children, Inc. (“Highlights”) content, you agree to these Terms. We reserve the right to change these Terms at any time by making such updated Terms available through the Website and App. We may, at any time, modify or discontinue the Services or content delivered through the Website and/or App, subject to providing you a refund for any prepaid, but yet unfilled subscription deliveries. We may also, at any time, modify or waive fees relating to the Website or App and subscriptions, or offer promotional opportunities to only some users of the Website or App.

Satisfaction Guaranteed
Your satisfaction is guaranteed, and you may cancel your subscription at any time. Canceling your subscription would end both your subscription and the automatic renewal of your subscription. If you cancel your subscription, it will expire at the end of the current subscription month.

Your Account
By opening an account, you do not acquire any proprietary interest in the account, which shall be owned, and under the control of, Highlights. You agree to take reasonable measures to protect the security of your account and any password you use to access the account. You will be responsible for all charges and activity taking place under your account unless and until you notify Highlights of a breach in the security of the account.

By creating an account, you agree to receive promotional emails from Highlights containing exclusive offers, kid-friendly activities, helpful tips and more! If you no longer wish to receive these emails, you can opt out by clicking the “unsubscribe” at the bottom of an email.

Intellectual Property
All content distributed by Highlights is the exclusive intellectual property of Highlights and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever, other than through your use of the Website or App for your or your child’s or children’s personal enjoyment.

Subscription Terms
Each Website subscription will allow you to create and provide access to the Website and App. Each mobile subscription will allow you to create and provide access to the App. In order to gain access to the Website, App subscribers must create an account when prompted.

Your subscription may start with a free trial period. The promotional period is as specified. Unless you opt out and cancel prior to the end of your promotional trial, at the end of the free trial period, your credit card on file will be charged. For App subscribers, please see Apple App Store or Google Play Store guidelines for more information on how subscriptions work. For Website subscribers, please see our FAQs. Any free trial offer may only be redeemed once per user.

When you sign up for a subscription, you may be offered a choice of subscription plan and period, which will begin at the end of your trial period. Your subscription will renew automatically on this same day.

You agree that we may start your subscription immediately upon completion of your Free Trial and that you will automatically be charged the specified rate per term. This means that you are not entitled to a refund if you change your mind after we have provided you with access to your subscription. If you do not cancel your App subscription, you will continue to be charged based on the payment information you submitted and will be charged automatically at the subscription service rate for the subscription period. We will continue to bill your payment method each subscription period, as the subscription will automatically renew until you cancel your subscription.

Updating Payment Information
In the event Highlights cannot charge the payment card listed in your account, we reserve the right to end your subscription at the end of the payment term. If you are enrolled in an auto-renewing subscription, you must update your payment card information promptly to keep your account current, complete and accurate (e.g., for changes in your payment card number, billing address or expiration date). Changes to such information can be made through your device’s app store if you subscribed through the App. If you subscribed through the Website, changes to this information can be updated in your account on the Website. If your payment card information is not current, complete and accurate, and you do not notify us promptly when such information changes or we are not able to update such information through our vendors, your subscription may be suspended or ended at the end of the payment term.

Canceling Automatic Renewal
After the purchase of a subscription, you may discontinue the automatic renewal feature at any time during that subscription period by adjusting your subscription settings in accordance with the app store procedures for App subscribers and in accordance to Website procedures for Website subscribers.

Updates and Maintenance
Highlights may, at any time, but is under no obligation to, update the App and/or Website to provide for different functionality, fix glitches or provide for compatibility with new or updated operating systems. In such event, you may need to download the update to ensure continued use.

DISCLAIMER OF WARRANTIES
HIGHLIGHTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE DELIVERY AND FUNCTIONALITY OF THE SERVICES USE OF THE DELIVERED CONTENT, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO OBTAIN, PAY FOR AND MAINTAIN ANY DEVICES, INTERNET ACCESS, HARDWARE OR SOFTWARE NECESSARY TO OPERATE THE SERVICES.

LIMITATION OF LIABILITY
IN NO EVENT SHALL HIGHLIGHTS’ TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF THESE TERMS OR YOUR USE OF THE APP EXCEED ANY AMOUNTS THAT YOU HAVE PAID FOR THE APP AND ANY SUBSCRIPTION.

Governing Law
These Terms shall be governed and construed in accordance with the substantive laws of the State of Ohio, without reference to any conflicts of law provisions. All disputes arising hereunder that cannot be resolved between the parties shall be tried before the State Courts of Ohio or the United States District Courts located in Columbus, Ohio, and their respective appellate courts. Each party hereby irrevocably submits to the jurisdiction and acknowledges the propriety of the venue of such courts, and any final and non-appealable determination reached by such courts.

PRIVACY POLICY

Your privacy is important to us.

This Privacy Policy (the “Privacy Policy”) governs the use of your Personal Information (as defined below) by Highlights for Children, Inc. and/or its affiliates (“Highlights” or collectively, “we,” “us,” or “our”). This Privacy Policy explains what information we collect about you, how we use or share such information, how to exercise any rights you may have with respect to your Personal Information, and the safeguards we have in place to reduce the risk of unauthorized access and use.

Table of Contents

1. What does this Privacy Notice cover?

This Privacy Policy applies to the following:

The website: HiddenPictures.Highlights.com (collectively, the “Website(s)”);
The mobile applications Hidden Pictures Puzzle Play (collectively, the “Mobile Apps); and
Any other products, services, interactive features, widgets and resources offered by us and/or our affiliates, distributors or licensees, and all other content included within the Website(s) and/or Mobile Apps (all of which are collectively referred to as the “Services”).

Highlights is a valid licensee, and participating member in good standing, of the Children's Advertising Review Unit's (“CARU”) COPPA Safe Harbor Program (“CARU Safe Harbor”). CARU conducts independent audits of our Services and uses other enforcement and accountability mechanisms in its certification process. Services bearing the CARU Safe Harbor icon meet established online information collection, use, and disclosure practices in compliance with applicable privacy laws and best practices.

DISCLAIMER: Although CARU does not monitor non-U.S. based Services, Highlights takes steps to confirm that non-U.S. based Services follow the applicable data collection guidance and principles of CARU Safe Harbor, including adherence to regulations in the European Union (“EU”) and other territories outside of the United States (“U.S.”).

2. What personal information is collected about you?

We collect information that you choose to provide us or that we collect from third-parties to provide a service and that personally identifies you. We may ask you to provide us with Personal Information when you register with the Website(s) and/or Mobile App(s), make a purchase, and at other times. The decision to provide this information is optional. To perform the Services offered, we may need to collect and distribute your Personal Information to our trusted business partners who fulfill the services you request. However, if you choose not to provide the requested information, you may not be able to use some or all of the features of the Website(s), Mobile Apps or Services or we may not be able to fulfill your purchase.

Information you provide to us

The types of personal information we collect directly from you include your contact information, such as your first and last name, email address, zip code, device identifier, IP address. In addition, and always with your prior consent, the Services may access precise data on your mobile device, such as photos, media, and files to enable features and deliver content as part of your Service. We may also collect demographic information tied to your personal information, such as your birth year or country of residence.

The Services do not allow users (including children) to disclose personal information publicly.

Information we collect automatically

We automatically collect certain non-personal information when you use our Services. For example, we may collect device information, such as your device type, operating system type, and/or browser type. We may also collect usage data, such as what website you were on that brought you to our website, when you used our Services and for how long, what pages and content you accessed, and features you used on our Services. We also monitor cross-device activity as it pertains to HiddenPictures.Highlights.com and Hidden Pictures Puzzle Play, so we can deliver a consistent, multi-platform experience. Users can access their service by authenticating and logging in. We may combine this device and usage information with other personal information.

Cookies and Tracking

Our Website uses a variety of technical methods for collecting and tracking device information and usage data, including cookies, pixels, and device IDs.

Cookies and pixels are small pieces of text that may be saved on your device when you view our website. We and other companies use unique identifiers in cookies to distinguish your device for a variety of purposes, including helping you navigate our Website, remembering your preferences and interests, and tracking your online activities over time and across our Mobile App and Website experiences.

Device IDs are unique identifiers for your devices. We and others may collect and use device IDs for tracking activities and usage of our Services, such as how you use our Services, to operate, maintain, optimize and improve.

Third-party cookies and other technical methods used for analytics and advertising.

We use third parties that may use cookies, device IDs, and other tracking data to assist us with analytics and advertising. Some third parties, including advertisers and ad-related services, may also help us associate your activities across your browsers and mobile devices for the purpose of adult-targeted advertising, and ad measurement purposes. We may also use email tracking technologies to monitor the success of email marketing campaigns (for example, recording how many emails in a campaign were opened).

Please see our Cookies & Trackers page for link to consult the respective privacy policies and statements of these third parties for more information about how they use your data.

3. How does Highlights handle children’s information?

NOTE TO PARENTS

Highlights has developed its Services with the goal of creating a challenging and fun experience for all users. Building on our Privacy Policy, we recognize the need to provide additional privacy protections when children visit the Website(s) or Mobile App(s). Children are defined as under the age of 13 and we do not knowingly collect Personal Information (as defined below in “Information We Collect”) from children. If we become aware that we have inadvertently received Personal Information from a child under the age of 13, we will delete such information from our records.

Our intention is to only collect personal information from parents or guardians on behalf of their kids to create an account to provide the Services, and we do not collect any child’s personal information, therefore we there is no opportunity for children to make their information public. Even if parents choose to not create an account, guests can use some of the Services, such as viewing content and enjoying some features, without registering for an account.

Once a parent or guardian subscribes to the Services, a child can use our Services much like any other user. We may collect, use and share that parent or guardian’s information for the same purposes, as described in this Privacy Policy with the exception that Highlights does not, nor does it allow third parties to, collect kids' personal data (including persistent identifiers) for behavioral advertising, amassing a profile, or any purpose other than to support its internal operations unless we have obtained explicit prior parental consent.

Highlights believes that providing its visitors with accurate and adequate notice about the Services will inform choices and decisions about how to use the Services and will better protect its users' privacy. If you have any questions or comments about this Privacy Policy, please contact us using the contact information provided at the end of this document.

4. How is your personal information used?

Generally

We use Personal Information for internal purposes, such as to:

Provide you with and operate, maintain, optimize and improve the Website(s), Mobile Apps and Services;
Provide personalized content and experiences through our Website(s), Mobile App(s) or Services, including offers and content;
Deliver personalized communications, notification, advertisements, offers and promotions for products and services based on what you’ve opted-in to receive;
Perform operational tasks such as billing, accounting, communication and fulfilling your transactions for Services;
Detect, investigate and prevent activities that are unauthorized, may violate our terms and policies, or may be illegal, such as fraudulent activity or security violations; and
For the purposes listed above, we may also link or combine information about you with other personal information we receive from third parties. We also use personal information in settings and for the purposes described below.

We may store and process personal information in the United States, the United Kingdom, and other countries that may not have the same types of data protection laws as those in your country.

Our Privacy Policy does not cover any use of information that an Advertiser may collect from you. Advertisements may be shown via the Website(s), the Services or on third-party websites. You can visit the Network Advertising Initiative website, which offers information about Internet advertising companies and how to opt out of their information collection.

5. How is your personal information shared?

From time to time, we may establish a relationship with other businesses whom we believe are trustworthy and whom we believe have privacy practices that are consistent with ours (“Third-Party Providers”). We do not share your personal information with third parties other than as follows:

With your consent and only with the information necessary for them to perform the Services on our behalf; for example, when you agree to our sharing your information with other third parties for their own purposes, subject to their separate privacy policies;
With third-party vendors, consultants, and other service providers who work for us and need to access your personal information to do that work;
We may share Personal Information and Usage Data with businesses controlling, controlled by, or under common control with us;
In connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction, or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets for use in accordance with applicable law. You will have the opportunity to opt out of any such transfer if, in our reasonable judgement, the new entity plans to handle your information in a way that differs materially from this policy; and
If appropriate to (a) comply with laws or to respond to lawful requests and legal processes, including, for example, to comply with a court order or subpoena; (b) protect the rights and property of Highlights for Children, our agents, our customers, and others, including to enforce our terms, policies, rules, and agreements; (c) protect the safety and security of any person; (d) protect the safety and security of Highlights for Children and our partners' Services, websites, and applications; and/or (e) prevent or stop any illegal unethical, or legally actionable activity, or to comply with law.
Each Third-Party Provider is expected to use reasonable security measures appropriate to the nature of the information involved to protect your Personal Information from unauthorized access, use or disclosure. Third-Party Providers are prohibited from using Personal Information other than as specified by us.

Your California Privacy Rights

Since 2005, California Civil Code Section 1798.83 permits to view, correct, or remove certain information provided by you or publicly posted by you, by accessing your Hidden Pictures Digital Play account through hiddenpictures.highlights.com, and editing/removing your information. You will need your password to access your personal account. You may also send us an email asking us to remove your posted information or content at privacyteam@highlights.com. Alternatively, you may write to us at: Highlights for Children, Inc., Attn: Privacy Team, 1800 Watermark Drive, Columbus, Ohio 43215. Please be specific in your request. We will be happy to review, update, or remove your posted information and/or content as appropriate. Residual copies of your posted information and/or content that have been removed from your account may remain in our backup systems for approximately one month. We may still retain your posted information or content to resolve disputes, enforce our agreements with you, or comply with legal requirements; however, we will take steps to limit use of the removed information and/or content to only these purposes.

6. How long do we keep your personal information?

We retain your Personal Information for as long appropriate to maintain your accounts, provide services, to fulfill your requests, for resolving disputes and for legal compliance and enforcement purposes. We may retain your Personal Information for a period of time after our relationship with you has ended where there is an ongoing business need to retain it. This includes retention to comply with our legal, regulatory, tax and/or accounting obligations. We do so in accordance with our data retention policies and applicable law. As a result, copies of content or information previously shared may remain on servers, even after removal requests have been honored.

7. What choices do you have about processing your personal information?

We provide you with various controls over your personal information, for example:

You may update your information by logging into your Hidden Pictures Digital Play account through hiddenpictures.highlights.com, and editing/removing your information
If you would like to receive access to your information and/or request the deletion or correction of inaccurate information, you may do so by sending an email to privacyteam@highlights.com or sending a written request to:

Highlights for Children
Attn: Privacy Team
1800 Watermark Drive
Columbus, Ohio 43215
Phone: 614-486-0631

You can opt out of our promotional emails by clicking “unsubscribe” in the footer of all non-transactional emails.
You can opt out of push notifications by logging into your App Store or Google Play account and opting out.
You can choose to block and/or remove all cookies and local storage in your browser settings. You can also opt-out of many third-party analytics and advertising cookies. Please visit http://www.aboutads.info/choices/ and http://www.networkadvertising.org/choices/ for more information.

For information on our cookies, please visit our Cookies & Trackers page.

Please note that your information may still be shared with certain third parties for transactional purposes such as providing the services you have requested.

“DO NOT TRACK” SIGNALS

Do Not Track is a web browser privacy preference that causes the web browser to broadcast a signal to websites requesting that a user’s activity not be tracked. At this time, our systems do not respond to “do not track” signals.

8. What steps do we take to safeguard your personal information?

We recognize the importance of safeguarding the confidentiality of your Personal Information and therefore we only collect what’s needed for business operations. Accordingly, we employ reasonable administrative, technical and physical safeguards to protect such personal information from unauthorized access, disclosure and use, including but not limited to encryption, firewalls, password-protected access, etc.

However, no data transmission over the Internet or other network can be guaranteed 100% secure. As a result, while we strive to protect information transmitted on or through our Website(s) and/or Mobile Apps we cannot and do not guarantee the security of any information you transmit on our Website(s) and/or Mobile Apps, and you do so at your own risk.

9. Product-specific data processing details

The following are product-specific details to supplement the information in this Privacy Notice.

hiddenpictures.highlights.com (the “Website”)
If the parent or guardian provides information to create an account or as part of a transaction, payment, or other account action, Highlights may provide the intended Services and deliver marketing communications to you about similar goods or services if you have not opted out of such marketing when given the chance to do so. We may also use third parties, such as Mixpanel Analytics, Google Analytics, Amazon Web Services, and Stripe to deliver the Services, process payment transactions, authenticate users, deliver personalized experiences, understand where traffic is coming from, monitor and/or improve the Services. The data collection and usage of these third parties is done in a COPPA-compliant manner. Each Third-Party Provider is expected to use reasonable security measures appropriate to the nature of the information involved to protect your Personal Information from unauthorized access, use or disclosure. Third Party Providers are prohibited from using Personal Information other than as specified by us. For more information, please review these third parties' respective privacy notices. You can find links to these notices within our Cookies and Trackers page.

Hidden Pictures Puzzle Play (the “Mobile Application”)
Highlights does not track any personal information within the App, unless the parent or guardian shares this data. For example, opting into email or creating an account—all of which are protected behind a Parent Gate to prevent children from submitting personal information. We may also use third parties, such as Mixpanel Analytics, AppsFlyer Mobile Attribution and Amazon Web Services to deliver the Services, authenticate users, deliver personalized experiences, understand where traffic is coming from, monitor and/or improve the Services. The data collection and usage of these third parties is done in a COPPA-compliant manner. Each Third-Party Provider is expected to use reasonable security measures appropriate to the nature of the information involved to protect your Personal Information from unauthorized access, use or disclosure. Third Party Providers are prohibited from using Personal Information other than as specified by us. For more information, please review these third parties' respective privacy notices. You can find links to these notices within our Cookies and Trackers page.

You can turn push notifications on or off and/or manage certain tracking by logging into your App Store or Google Play account.

10. How to contact us about your personal information and this Privacy Policy

If you have questions or comments about our data practices or this Privacy Policy, you can contact us by emailing us at privacyteam@highlights.com or sending a letter to:

Highlights for Children
Attn: Privacy Team
1800 Watermark Drive
Columbus, Ohio 43215
Phone: 614-486-0631

11. CARU's COPPA Safe Harbor Program

Highlights is a licensee of CARU's COPPA Safe Harbor Program. If you believe that we have not responded to your privacy-related inquiry or your inquiry has not been satisfactorily addressed, please contact CARU at infocaru@bbbnp.org or by mail at CARU, Attn.: COPPA Safe Harbor Program, 112 Madison Avenue, New York, NY 10016 USA.

Please note that CARU is not affiliated with Highlights and cannot help you with non-privacy-related issues.

12. How will you know if we amend this Privacy Notice?

This Privacy Policy is subject to change without prior notice. We may amend this Privacy Policy by changing the last updated date. We encourage you to review this Privacy Policy frequently for any revisions or amendments. If we make material changes to how we collect, use, or share your personal information, we will describe the changes, and, if required by law, seek your consent for such changes.