California Consumer Privacy
Effective Date: July 1, 2023
This California Privacy Notice ("Notice") is a supplement to Spirit Halloween Superstores LLC’s ("Spirit" "us" "we" "our") other privacy policies or notices. In the event of a conflict between any other Spirit policy, statement, or notice and this Notice, this Notice will prevail as to California residents and their rights under California law.
"Personal Information" or "PI" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you. Personal Information does not include information that is publicly available, de-identified, or aggregated.
Unless otherwise noted, the disclosures contained within this Notice cover our activities in the prior 12 months from the Effective Date as well as our current practices.
COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION
We collect, use, and disclose PI about California consumers as described in the table below. Note that the Personal Information we collect about you may vary depending on the nature of your interactions with us and may not include all of the examples listed below.
Certain disclosures in this section may apply to Colorado residents.
| Category of PI Collected | Purposes for Collection, Use, and Disclosure |
|---|---|
| Identifiers, including name, postal address, telephone number, Internet Protocol address, and email address |
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| Customer Records (described in Cal. Civ. Code § 1798.80(e)), including name, address, telephone number, email address, tokenized instances of payment card details |
|
| Commercial Information / Purchase Details, including account holder purchase history or tendencies |
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| Internet Usage Information, including browsing history, search history, information regarding interactions with our website or advertisements |
|
| Geolocation Data |
|
| Sensory Data, including audio recordings of customer service calls, CCTV footage |
|
We also collect some Personal Information that does not directly fit within one of the categories defined by the CCPA. For example, the information you provide when you send us an email or contact us through Live Chat Offline.
We Collect PI directly from the Consumer (including when telephone calls are made to Guest Services), through our Website, through our store payment terminals, and through in-store CCTV cameras.
In addition, we may collect, use, and disclose your PI as required or permitted by applicable law. We do not treat deidentified data or aggregate Consumer Information as PI, and we reserve the right to convert, or permit others to convert, your PI into deidentified data or aggregate consumer information.
Subject to the CCPA's restrictions and obligations, we may disclose your PI for some or all of the above-listed business purposes to certain recipients who help us to run our business.
HOW LONG WE KEEP YOUR PERSONAL INFORMATION
We keep the categories of Personal Information described above for as long as is necessary for the purposes described in this Notice or otherwise authorized by law. This generally means holding the information for as long as one of the following apply:
- Your Personal Information is reasonably necessary to manage our operations, to manage your relationship with us, or to satisfy another purpose for which we collected the information;
- Your Personal Information is reasonably necessary to carry out a disclosed purpose that is reasonably compatible with the context in which the Personal Information was collected;
- The information is reasonably required to protect or defend our rights or property (which will generally relate to applicable laws that limit actions in a particular case); or
- We are otherwise required or permitted to keep your information by applicable laws or regulations.
Where information is used for more than one purpose, we will retain it until the purpose with the latest period expires. For more information about our retention policies, please contact us using the contact details below.
SALES AND SHARING OF PERSONAL INFORMATION
We do not sell or share for cross-context behavioral advertising the personal information of California consumers. We do not have actual knowledge that we sell or share the Personal Information of consumers under 16 years of age.
For more information on our disclosures of Personal Information to our service providers for a business purpose, please review the above section titled "Collection, Use, and Disclosure of Personal Information."
SUBMITTING REQUESTS RELATING TO YOUR PERSONAL INFORMATION
If you are a resident of California, you have the right to submit certain requests relating to your Personal Information as described below. To exercise any of these rights, you may click here to submit a request through our webform, or call us at 1-844-976-1706. Please note that, if you submit a request to know, request to delete, or request to correct, you will be asked to verify your identity in accordance with the law. Please follow the instructions on our website and promptly respond to any follow-up inquires so that we may confirm your identity. You may designate an authorized agent to make a request on your behalf; however, you will still need to verify your identity directly with us before your request can be processed. An authorized agent may submit a request on your behalf using the webform or toll-free number listed above.
An authorized agent may submit a request on behalf of a consumer if the consumer has provided the authorized agent with power of attorney in accordance with California law; alternatively, Spirit will (1) require the authorized agent to present verifiable written authorization from the consumer that the authorized agent has the consumer’s permission to submit the request; and (2) independently verify the consumer’s own identity with Spirit.
We may collect, use, and disclose your PI as required or permitted by applicable law. Please note we are not obligated to comply with consumer requests to the extent that doing so would infringe on our, or any other person's or party's rights or conflict with applicable law.
Disclosure Rights
You have the right to send us a request, no more than twice in a twelve-month period, for the following information for the period that is 12 months prior to the request date (please note that PI is retained for various time periods so we may not have PI in all categories going back 12 month):
- The categories of PI we have collected about you.
- The categories of sources from which we collected your PI.
- The business or commercial purposes for collecting or disclosing your PI.
- The categories of recipients to whom we have disclosed your PI.
- The specific pieces of PI we have collected about you.
- A list of the categories of PI disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.
Right to Opt Out of Sales and Sharing of Personal Information
We do not sell or share PI that we collect from you, in accordance with the definitions of "sales" and "sharing" under the CCPA.
Right to Limit Use and Disclosure of Sensitive Personal Information
We do not use or disclose sensitive PI for purposes to which the right to limit use and disclosure applies under the CCPA.
Deletion Rights
Except to the extent we have a basis for retention under CCPA, you may request that we delete your PI that we have collected directly from you and are maintaining. Our retention rights include, without limitation, to complete transactions and services you have requested or that are reasonably anticipated, for security purposes, for legitimate internal business purposes, including maintaining business records, to comply with law, to exercise or defend legal claims, and to cooperate with law enforcement.
Right to Correct Inaccurate Information
If you believe that Personal Information we maintain about you is inaccurate, you have the right to request that we correct that information.
Non-Discrimination Rights
We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights.
California's "Shine the Light" Law
California's "Shine the Light" law permits California residents to request certain information regarding our disclosure of PI to third parties for their own direct marketing purposes. We do not share personal information with third parties for their direct marketing purposes. If you are a California resident, you may request information about our compliance with the Shine the Light law by contacting us at cashinethelight@spirithalloween.com or by sending a letter to 6826 Black Horse Pike, Egg Harbor Township, NJ 08234 ATTN: Legal Department/California Privacy Inquiry. Any such request must include "California Shine the Light Request" in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each calendar year.
As these rights and your CCPA rights exist under different legal regimes, you must exercise your rights under each law separately.
CALIFORNIA MINORS
Although our online service(s) are intended for an audience over the age of majority, any California residents under the age of eighteen (18) who have registered to use our online services, and who posted content or information on the online service, can request removal by contacting us at legaldept@spirithalloween.com detailing where the content or information is posted and attesting that you posted it. We will then make reasonably good faith efforts to remove the post from prospective public view or anonymize it, so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished or archived content by search engines and others that we do not control.
CONTACT US
For more information regarding your California privacy rights, you may contact us at 1-844-976-1706 or email us at CCPArequests@spirithalloween.com. You may also write to us at: