TERMS AND CONDITIONS & PRIVACY POLICY
Last revised: November 2020
Effective: November 2020
TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) set forth the terms and conditions that govern your use of the application and any delivered content (the “Services”) as well as your account.
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 App. We may, at any time, modify or discontinue the Services or content delivered through the App.
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 App for your or your child’s or children’s personal enjoyment.
Updates and Maintenance
Highlights may, at any time, but is under no obligation to, update the App 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 USE OF THE APP.
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?
2. What personal information is collected about you?
3. How does Highlights handle children’s information?
4. How is your personal information used?
5. How is your personal information shared?
6. What choices do you have about processing your personal information?
7. What steps do we take to safeguard your personal information?
8. How to contact us about your personal information and this Privacy Notice
9. How will you know if we amend this Privacy Notice?
1. What does this Privacy Notice cover?
This Privacy Policy applies to the following:
• The mobile application Hidden Pictures Puzzle Games (the “Mobile App”); 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 Mobile App (all of which are collectively referred to as the “Services”).
2. What personal information is collected about you?
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 App, when you used our Services and for how long, what pages and content you accessed, and features you used on our Services.
Cookies and Tracking
Our App uses a variety of technical methods for collecting and tracking device information and usage data, including device IDs.
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.
Device IDs and other technical methods are used for analytics and advertising.
We use third parties that may use 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 the browsers and mobile devices for the purposes of adult-targeted advertising and ad measurement purposes.
We use advertising to enable us to offer our puzzles and other content and services for free. When you play our mobile games, we or our advertising partners may use one or more of several different identifiers for your mobile device, including Apple Identifier For Advertising (IDFA) or Android Advertising ID (AAID), to target and deliver ads to you in our games or on other apps. This means that your device identifier may be accessed by third-party ad networks and used to (a) help manage the number and types of ads you see; (b) track the source of installs related to ads seen in other apps; and (c) identify your interests and behavior and target advertising to you based on those interests and behavior.
If you do not want to receive interest-based in-application advertisements on your mobile device, you may adjust the ad tracking settings on your device (such as turning on “Limit Ad Tracking”). You can also reset the “Advertising Identifier” (such as an IDFA) from your mobile device’s settings page, which will prevent continued use of existing behavioral data tied to your previous “Advertising Identifier.” Further, depending on the platform provider (such as Apple or Google), you may be able to download apps, such as the Digital Advertising Alliance’s “AppChoices” app, that offer to provide you with controls regarding the collection and use of cross-app data for behavioral advertising.
Privacy policies of third-party services and linked advertisers
Please consult the respective privacy policies and statements of these third parties for more information about how they use your data. Links to their privacy policies can be found below:
Third Party | Purpose | Privacy Notice |
App Store (Apple) Google Play Amazon Appstore |
App Distribution | https://www.apple.com/legal/privacy/en-ww/
https://policies.google.com/privacy https://www.amazon.com/gp/help/customer/display.html?nodeId=468496 |
Unity Analytics | Analytics | https://unity3d.com/legal/privacy-policy |
AdMob | In-App Advertising | http://www.google.com/policies/privacy/ |
Ad Colony | In-App Advertising | https://www.adcolony.com/privacy-policy/ |
Amazon Web Services | Account, Subscription Management | https://aws.amazon.com/compliance/data-privacy-faq/ |
Our App and games may contain advertisements from “Third-Party Services,” meaning companies other than Highlights, that may link to their own websites, online services, or mobile applications. We are not responsible for the privacy practices or the content of these Third-Party Services. If you have any questions about how these Third-Party Services use your information, you should review their policies and contact them directly.
You can also opt out of many of the third-party analytics and advertising cookies by visiting http://www.aboutads.info/choices/ and http://www.networkadvertising.org/choices/.
Opt out of targeted advertising
You can opt-out of interest-based advertising on mobile applications by checking the privacy settings of your Android or iOS device.
Apple devices:
1. Open Settings
2. Select Privacy
3. Select Advertising and enable “Limit Ad Tracking”
Android devices:
1. Open Settings
2. Select Google
3. Select Ads and enable “Opt out of Ads Personalization”
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. We recognize the need to provide additional privacy protections when children visit the Mobile App. 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 adults 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.
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 Mobile App and Services;
• Deliver personalized advertisements;
• 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 Mobile App, the Services or on third-party websites. You can visit the Network Advertising Initiative website (https://www.networkadvertising.org/), 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 ad networks to serve you with more relevant ads;
• 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.
6. What choices do you have about processing your personal information?
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.
If you have additional questions on what personal information is collected and/or how your information is being used, please email privacyteam@highlights.com or send a written request to:
Highlights for Children
Attn: Privacy Team
1800 Watermark Drive
Columbus, Ohio 43215
Phone: 614-486-0631
Please note that your information may still be shared with certain third parties for transactional purposes such as providing the services you have requested.
7. 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 Mobile App we cannot and do not guarantee the security of any information you transmit on our and/or Mobile App, and you do so at your own risk.
8. 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
9. 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.