TERMS AND CONDITIONS & PRIVACY POLICY

Last revised: May 1, 2019

Effective: May 1, 2019

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.

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 or device.

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. 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.

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

Last revised: May 1, 2019

Effective: May 1, 2019

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 (collectively, “we,” “us,” or “our”), including, without limitation:

  • the website currently located at hiddenpictures.highlights.com (collectively, the “Website(s)”);
  • the mobile applications Hidden Pictures Puzzle Play (collectively, the “Mobile Applications); 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 Applications (all of which are collectively referred to as the “Services”).

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.

Please carefully read this Privacy Policy, which is part of our Terms of Use, before using our Website(s), Mobile Applications, and/or Services.  If you do not agree with the Terms of Use and/or the Privacy Policy, please refrain from using our Website(s), Mobile Applications, and/or Services.  By accessing or using our Website(s) and/or Mobile Applications you agree to our use of your information consistent with the Terms of Use and this Privacy Policy.

PRIVACY POLICY CHANGES

This Privacy Policy is subject to change without prior notice. We encourage you to review this Privacy Policy frequently for any revisions or amendments.  Such changes to this Privacy Policy will be posted on the Website(s) and within the Mobile Applications and will be effective immediately upon posting.  You will be deemed to have been made aware of and have accepted the changes by your continued use of the Website(s), Mobile Applications, or Services. Should any such changes constitute a material change to our data collection practices, we will indicate that at the top of the privacy policy.

 

CONTACT US

If you have any questions about our Services or this Privacy Policy, please email us at privacyteam@highlights.com. You may also send us a letter to the following address:

Highlights for Children

Attn: Privacy Team

1800 Watermark Drive

Columbus, Ohio 43215
Phone: 614-486-0631

CHILDREN’S PRIVACY
Highlights for Children has developed its Services with the goal of creating a challenging and fun experience for all users. Building on our Privacy Notice, outlined below, we recognize the need to provide additional privacy protections when children visit the Website(s) or Mobile Application(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 guests can use some of the Services, such as viewing content and enjoying some features, without registering for an account or our collection of any personal information subject to COPPA.

We 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 do not allow children to make their information public. 

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 Notice with the exception that Highlights for Children 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. 

YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident under the age of 18, you have the right under California Business and Professions Code Section 22581 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.

 

INFORMATION WE COLLECT

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 Application(s), make a purchase, and at other times.  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.  The decision to provide this information is optional.  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 Applications 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 contact information, such as your first and last name, email address, zip code and payment information (for example, credit card numbers or financial account information) if you purchase a product or service from us. We may also collect demographic information tied to your personal information, such as your birth year or country of residence.

 

Information we collect automatically

We automatically collect certain information when you use our Services. For example, we may collect device information, such as your device type, operating system type, browser type, device ID, and IP address. 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 the Hidden Pictures Puzzle Play Mobile Application, so we can deliver a consistent, multi-platform experience. In addition, with your 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 combine this device and usage information with other personal information.

 

Cookies and Tracking

Our websites use 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 the application 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 you use for retargeting, 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 consult the respective privacy policies and statements of these third parties for more information about how they use your data.

 

HOW WE USE INFORMATION

Generally

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

  • Provide you with and operate, maintain, optimize and improve the Website(s), Mobile Applications, and Services;
  • Provide personalized content and experiences through our Website(s), Mobile Application(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-into.  
  • 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
  • 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.

 

HOW WE SHARE INFORMATION: THIRD PARTIES

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
  • 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; and/or (d) protect the safety and security of Highlights for Children and our partners' Services, websites, and applications
  • 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

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. 

 

CHOICES YOU HAVE FOR PROCESSING YOUR PERSONAL INFORMATION

If you would like to opt-out of having your Personal Information shared with Highlights for Children or Third Parties, you may do so by:

  • Logging into your Hidden Pictures Digital Play account through hiddenpictures.highlights.com, and editing/removing your information
  • Blocking and/or removing all cookies and local storage in your browser settings
  • Opting out of third-party analytics and advertising cookies by visiting http://www.aboutads.info/choices/ and http://www.networkadvertising.org/choices/
  • Logging into your App Store or Google Play account and opting-out of tracking and/or push notifications 
  • Opting-out of email communications via the “unsubscribe” link in the footer of all non-transactional emails
  • Emailing the Privacy Team at Highlights, privacyteam@highlights.com, and ask for your information to be removed

 

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

 

SECURITY

We recognize the importance of safeguarding the confidentiality of your Personal Information.  Accordingly, we employ reasonable administrative, technical and physical safeguards to protect such personal information from unauthorized access, disclosure and use.  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 Applications we cannot and do not guarantee the security of any information you transmit on our Website(s) and/or Mobile Applications, and you do so at your own risk.

 

Hidden Pictures Digital Play 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, Piano Subscription Management Platform, Stripe Payment, to deliver the Services, process payment transactions, authenticate users, deliver personalized experiences, understand where traffic is coming from, monitor and/or improve the Services. 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.

 

  • Hidden Pictures Puzzle Play (the “Mobile Application”)
    Highlights does not track any personal information within the Mobile Application, 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, Piano Subscription Management Platform, to deliver the Services, authenticate users, deliver personalized experiences, understand where traffic is coming from, monitor and/or improve the Services. You can turn push notifications on or off and/or manage certain tracking by logging into your App Store or Google Play account. 

 

“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.

 

OTHER WEBSITES

Please be aware that our affiliated institutions, promotional partners, advertisers, sponsors, and other third-party websites accessible through the Website(s) may have their own privacy and data collection policies and practices.  We are not responsible for any actions, content of websites or privacy policies of such third parties.  You should check the applicable privacy policies of those third parties when providing information through linked websites.

 

COMPLIANCE WITH LAWS AND LAW ENFORCEMENT

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law.  We may disclose Personal Information and any other information about you to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate to respond to legal requests (including court orders and subpoenas), to protect the safety, property, or rights of ourselves, users, or any other third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with law.

 

OTHER TRANSFERS

We may share Personal Information and Usage Data with businesses controlling, controlled by, or under common control with us.  If we are merged, acquired or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Personal Information and Usage Data in connection with such transaction.  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. 

 

HOW LONG WE RETAIN YOUR DATA

We retain your Personal Information for as long as we have a relationship with you.  We also 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. 

 

ACCESS & CORRECTION

If you would like to receive access to your transaction information and/or request the correction of inaccurate information, you may do so by sending an email to privacyteam@highlights.com or sending a written request to the following postal address:

Highlights for Children

Attn: Privacy Team

1800 Watermark Drive

Columbus, Ohio 43215