Privacy Policy

At Cherry Hill Programs (“CHP,” “we,” “our,” or “us”), we appreciate the trust that 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, and pixiepostgreetings.com (the “Sites”), use CHP mobile applications (the “Apps”), or visit our Souvenir and/or Holiday photography experience locations (collectively, the “Services”).

By using our Services on any computer, mobile phone, tablet or other device (collectively, “Device”), making a purchase from CHP, or otherwise interacting with CHP, you acknowledge that you have read and understand 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. When we do, we will post the updated version on our Sites and update the “Last Updated” date at the top of this Policy. We encourage you to periodically review this Policy to stay informed about how we are using the information that we collect.

What Categories of Information We Collect

We may collect 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, aggregated, or publicly available information (for example information lawfully made available from federal, state, or local government records). We may use de-identified, aggregated, or publicly available data, for any purpose. We do not attempt to re-identify de-identified data, unless permitted or required by law, or where we have obtained consent to do so. The following types of Personal Information may be collected from consumers:

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 your 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 cookie settings, and other Device details (such as MAC address and geolocation) when you visit our Sites or use our App. 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

How We Collect Information

CHP collects Personal Information in a variety of ways, including when you interact with our Sites and Apps, during phone calls with you, and at our Holiday and Souvenir field locations. We also obtain information from affiliated entities and third-party sources. Examples of how we collect information include:

1. Directly from You, such as when you make a purchase, interact with our personnel at a Bunny or a Santa set, visit or contact us, participate in an event, survey, or promotional activity, use a Device to access our Sites or App, register for an event or appointment, apply for employment, or sign up to receive communications or marketing offers.
2. From CHP’s affiliated companies
3. From business and marketing partners, such as mission-aligned partners, licensees, malls or retail hosts of our Services, and other third parties that provide us with leads or permit us to marketing our Services.
4. From service providers, such as payment processors, technology vendors, analytics providers, and marketing partners that support us in delivering our Services
5. From social media platforms and networks, such as when you interact with us through or link your account from services like Facebook, Twitter, Pinterest, and Instagram, or when those platforms share information with us in accordance with their own privacy settings and policies.

Our Business or Commercial Purpose for Using Your Personal Information

CHP uses all categories of Personal Information described above to operate our business, provide and improve our Services, and offer you an exceptional experience. We use this information for various business and commercial purposes, including:

1. To provide and maintain our products and services, such as by improving the quality, safety, and security of the Services, customizing your experience, facilitating your interactions with CHP Holiday and Souvenir photography locations, fulfilling orders, administering your account, responding to inquiries, and processing transactions and payments.
2. For marketing and advertising, such as by sending marketing communications, advertising our Services, and customizing the marketing and advertising provided to you based on your preferences and interactions.
3. To communicate with you, such as by responding to communications, contacting you about your transactions, providing other relevant information, and requesting information or feedback.
4. To personalize your experience, such as by using Personal Information about your use of our Services to personalize and enhance your experiences.
5. For our internal business purposes, such as to improving the performance and functionality of our Sites, App and Services; maintaining programs, accounts, and records; developing, improving or repairing our products, services, or technology; assessing customer satisfaction; preventing, detecting, protecting against, or responding to security incidents, fraud or malicious or deceptive practices, or other illegal activity. We also process Personal Information to obtain professional advice (for example, from lawyers, auditors, and insurers), to establish or defend legal claims, and to conduct other internal operations as permitted by law
6. For legal, compliance and safety purposes, such as protecting CHP, our customers, and others from harm; enforcing our rights; safeguarding property and information systems; responding to court orders, subpoenas, or regulatory inquiries; and complying with applicable legal obligations.

We do not use or disclose Sensitive Personal Information, as defined by the California Consumer Privacy Act (“CCPA”), for purposes that would require a consumer to exercise a right to limit under the CCPA.

How We Share Information

CHP may disclose Personal Information to the following categories of entities for business and commercial purposes described in this policy:

1. The Cherry Hill Programs family of brands and affiliates and our other affiliates and subsidiaries
2. Service providers and vendors, that support our operations, such as credit card processors, mailing houses, website hosting services, email or marketing vendors, and reservation or scheduling platforms. These entities are authorized to use Personal Information only as needed to perform their contractual functions on our behalf.
3. Social media platforms and networks, such as Facebook, Twitter, Pinterest, and Instagram, when you interact with features, plugins, or tools integrated into our Sites or App, or otherwise engage with CHP through those platforms.
4. Mission-aligned business partners, such as management companies and owners of retail locations where our Services are provided, to facilitate your experience and support local event operations.
5. Joint promotion or marketing partners who may collaborate with us to provide gifts, offers, or promotions related to your purchase, or who may send you marketing communications consistent with your marketing preferences and applicable law.
6. Parties involved in business transactions, such as counterparties in mergers, acquisitions, joint ventures, sales of assets, reorganizations, divestitures, dissolutions, bankruptcies, liquidations, or other strategic transactions. In such cases, Personal Information may be shared, transferred or used by a successor entity consistent with this Policy.
7. Legal, regulatory, and safety-related recipients, including law enforcement agencies, government authorities, or courts, where disclosure is required or permitted by law – for example, to comply with legal obligations, protect against fraud, ensure safety, or prevent harm. We may also share your Personal Information when you specifically request or consent to such sharing, subject to applicable law and any operational limitations that may apply

Collection and Use of Personal Information in the Context of Online Advertising

Like most commercial websites, we use cookies and similar technologies to understand how visitors use our Sites and to improve the quality of your experience. A cookie is a small text file that is stored on your Device when you visit the Sites, allowing us to recognize your Device and remember your preferences. We may use cookies to (1) allow you to use the Sites without reentering your credentials; (2) enhance or personalize your use of the Sites and shopping experience; (3) monitor and analyze Site performance and usage; (4) manage and improve operation of the Sites; and (5) provide you with more relevant and personalized advertising, including interest-based ads (see the “Interest-Based Advertising” section below). You can set your browser to reject cookies or delete existing cookies by following your browser’s help instructions. Please note that if you disable or delete cookies, some features of the Sites may not function as intended. Cookie-management tools are controlled by your browser provider, and we cannot guarantee their effectiveness.

We may also use web beacons (also known as pixel tags or clear GIFs) on the Sites, in emails, and in online advertisements. Web beacons help us understand how you interact with the Sites and our communications – for example, whether you open or act on an email, which pages you visit, or from which website you arrived. We may work with analytics or advertising service providers to 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, consistent with this Policy.

We may partner with third-party advertising networks (such as Google and Meta) that use cookies, web beacons and other tracking technologies to deliver our advertisements across the Internet. These companies may collect information about your visits to the Sites and other websites, as well as your interactions with our advertising and other communications. Some of those ads may be personalized, meaning that they are based on your browsing histories or interests over time.

You have choices regarding interest-based advertising. In some jurisdictions, we will only engage in interest-based advertising if you opt in. In others, you can opt out of targeted advertising at any time. To learn more and manage your preferences, you can visit the following resources:

• Network Advertising Initiative: https://optout.networkadvertising.org/
• Your Ad Choices: https://youradchoices.com/control
• In Canada, Your AdChoices Canada: http://youradchoices.ca/choices/
• In the EU, Your Online Choices: http://www.youronlinechoices.eu/

Please note that opting out of interest-based advertising does not mean you will stop receiving ads. You may still see ads that are generic or based on factors such as your region or general interests.

Security

CHP implements commercially reasonable physical, technical, and administrative safeguards designed to protect Personal Information from loss, misuse, unauthorized access, and disclosure. These features are intended to reduce the risk of harm to you and help maintain the integrity and confidentiality of your information. However, no security program is infallible. We cannot guarantee the security of information transmitted or stored by us. We encourage you to take steps to protect your account credentials, devices, and personal information, including by using strong passwords and limiting access to your Devices.

Our Sites and Apps may contain links to websites, apps, and platforms owned or hosted by third parties. This Privacy Policy only applies to websites and applications within our control and does not apply to third-party websites or applications. Any data collected through third-party websites or applications is subject to the privacy practices of the third party, and you should review the privacy policies of these third parties prior to sharing any data.

Children’s Privacy

CHP’s Services are not directed to children under 13 years of age, and CHP does not knowingly collect Personal Information from children under the age of 13. If you believe that your child under the age of 13 has submitted Personal Information to CHP without your consent in connection with our Sites or App, please contact us at the information below so that we can promptly investigate and take appropriate action.

We retain your Personal Information for as long as reasonably necessary to fulfill the purposes for which the Personal Information was collected, including to comply with our legal obligations, resolve disputes, and enforce our agreements. The criteria used to determine our retention periods include the length of our relationship with you, your requests, ongoing obligations such as contracts and services, and our legal obligations.

Your Privacy Rights

CHP uses Personal Information to improve your experience on our Sites, our App, and at Holiday and Souvenir photography experience locations. Because your experience matters most, we offer you choices regarding how we use and disclose your Personal Information for promotional purposes. You may opt out of receiving marketing-related emails by following the unsubscribe instructions in those communications or by contacting us at marketing@cherryhillprograms.com. Please note that if you opt out of promotional messages, we may still send you non-marketing communications such as service updates, account notices, or important administrative alerts.

Depending on your jurisdiction, you may have specific rights regarding your Personal Information. These rights may include the following:

You may request that we disclose details about our collection, use and disclosure of your Personal Information. Once we verify your identity, we will provide: (1) the categories of Personal Information collected about you; (2) the categories of sources from which it was collected; (3) our business or commercial purpose for collecting or disclosing that Personal Information; (4) the categories of third parties with whom we shared that Personal Information; and (5) the specific pieces of Personal Information we collected about you in the preceding 12 months.

You may request that we delete your Personal Information that we collected from you, subject to certain exceptions. Once we verify your identity, we will delete (and direct our service providers to delete) your Personal Information from our records unless retention is legally required or otherwise permitted.

You may request that we correct inaccurate Personal Information that we maintain about you.

You have the right to opt out of the sharing of your Personal Information for targeted or cross-context behavioral advertising. As noted above, we may use third-party cookies or pixels for personalized advertising and may share the following categories of Personal Information with marketing partners: (a) device information and identifiers, such as unique advertising identifiers and cookies, and IP address; (b) usage information, such as browsing history; (c) location information, such as city-level location; and (d) inference data drawn from your interactions.

We do not sell your Personal Information for monetary consideration, and we have no actual knowledge of selling or sharing Personal Information of minors under 16 years of age to non-affiliated third parties without affirmative consent.

Additionally, if you enable a browser-based opt-out preference signal, such as Global Privacy Control, in certain jurisdictions, upon receipt or detection, we will make reasonable efforts to treat the signal as a valid request to opt out of the sharing of Personal Information for targeted advertising pursuant to applicable law.

You may exercise these rights by submitting a verifiable consumer request to us by the following methods:

• Calling us at 1.800.969.2440
• Emailing us at marketing@cherryhillprograms.com.

You may designate an authorized agent to submit your consumer request on your behalf, so long as the authorized agent has your written permission to do so and you have taken steps to verify your identity directly with us.

We may need to verify your identity before fulfilling your request. Verification methods may include logging into your account (if applicable) or providing information such as your email address, recent order details, or partial payment information. We use this information solely to confirm your identity and process your request.

If we deny your request, you may have the right to appeal our decision, and we will provide you with instructions for doing so where applicable.

We will not discriminate against you for exercising any of your privacy rights.

Rights of EU and UK Data Subjects

In addition to the rights described in the “Your Privacy Rights” section above, individuals located in the European Economic Area (EEA) or the United Kingdom have specific rights under applicable data protection laws such as the General Data Protection Regulation (GDPR) and the UK GDPR.

CHP generally acts as a data controller of your Personal Information submitted to us. We process your Personal Information for legitimate business purposes necessary to provide our products and services to you and to fulfill our contractual and legal obligations. Where applicable, we may rely on one or more of the following lawful bases to process your Personal Information:

• Performance of a contract, when processing is necessary to provide products or services you request.
• Compliance with a legal obligation, when required by applicable law.
• Legitimate interests, where our interests are not overridden by your fundamental rights and freedoms.
• Consent, where you have given clear and voluntary permission for a specific purpose (you may withdraw consent at any time by contacting us as described below).

We will only use your Personal Information for the purpose for which it was collected unless we reasonably determine that use for another compatible purpose is necessary. If we need to use your Personal Information for an unrelated purpose, we will notify you and identify the legal basis permitting that use.

Under applicable European privacy laws, you may have the right to:

• Access your Personal Information and obtain a copy of the data we hold about you.
• Request correction of inaccurate or incomplete Personal Information.
• Request deletion of your Personal Information (“right to be forgotten”).
• Request restriction of processing of your Personal Information.
• Object to our use of your Personal Information where processing is based on legitimate interests or for direct marketing.
• Request that your Personal Information be provided in a structured, commonly used, and machine-readable format and transferred to another controller (“data portability”).
• Withdraw your consent at any time where processing is based on consent.

To exercise these rights, please contact us using the details provided in the Contact Us section below. We will confirm your identity before processing your request and respond within one (1) calendar month of receipt. If we need additional time, we will notify you and explain why an extended period (up to three months) is required. Certain legal exemptions or restrictions may apply, which we will communicate where relevant.

Rights of Canada Consumers

CHP complies with applicable Canadian privacy laws. If you are a resident of Canada, you have the right to request information regarding the existence, use and disclosure of your Personal Information and to access that information. You may also challenge the accuracy or completeness of the information and request that it be amended as appropriate. Specifically, you are entitled to obtain free of charge: (1) confirmation of whether we hold your Personal Information, (2) an explanation of how we use that information, and (3) a list of any third parties to whom your information has been disclosed. Please submit any such request (“Canada Privacy Rights Request”) by emailing marketing@cherryhillprograms.com with the subject: Your Canada Privacy Rights. We do not accept these requests by telephone or fax and are not responsible for incomplete, incorrectly labeled, or misdirected requests. As explained in this Policy, we do not authorize unaffiliated third parties to collect your Personal Information through our Sites, except as expressly stated in this Privacy Policy. To the fullest extent permitted by law, CHP disclaims any responsibility for, and you release us from, liability arising from any unauthorized collection of your Personal Information by such third parties.

Data Storage and International Transfers

Our Sites and Apps are intended for use by residents of the United States. Personal Information collected through our Services is stored and processed in the United States. If you access our Services from outside the United States, your Personal Information may be transferred to, stored, and processed in the United States and potential other countries. Data protection laws in these jurisdictions may differ from the laws in your country. By using our Services and providing Personal Information to us, you acknowledge and consent to the transfer, storage, and processing of your information in the United States and other countries where we or our service providers maintain facilities, in accordance with this Policy. Where required by applicable law (such as GDPR), we use appropriate safeguards for international transfers, including Standard Contractual Clauses approved by the European Commission. Information transferred to the United States may be accessible to U.S. government authorities under lawful orders applicable in that jurisdiction.

Updates to This Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, legal requirements, or business operations. We will post the revised Policy on our Sites, and update the “Last Updated” date in the Policy. If we make material changes to how we collect, use, or disclose Personal Information, we will provide prior notice through appropriate channels, such as email notification to registered users, prominent notice on our Sites and Apps, or other methods required by applicable law. Your continued use of our Services after the revised Policy takes effect signifies your acceptance of the updated terms. We encourage you to review this Policy periodically to stay informed about our information practices.

Contact Us

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