Privacy Policy

The purpose of this privacy policy (this “Policy”) is to disclose what information (including personal information) we may collect, how we may collect, use or otherwise process it, and with whom we may share it. Additionally, it describes certain other matters related to such information, including the rights and choices you have regarding our collection and/or retention of your personal information and our use and disclosure to other parties of information we may have collected from you. The website located at hersheysupersweetadventure.com is operated by Original X Productions, LLC and its affiliates (hereinafter collectively referred to as “OGX”). This Policy describes OGX’s current policies and practices with regard to personal information collected by OGX through the Services and otherwise. This Policy also applies to OGX’s offline personal information collection practices.

When we use the term “Personal Data” in this Privacy Policy, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to you, such as your name, physical address, telephone number, email address, Internet Protocol (“IP”) address, or other online identifiers.  The information we collect about you helps facilitate commercial transactions and seeks to provide you with a more personalized experience. We have created this privacy policy statement to demonstrate our commitment to protecting the privacy of all of our customers and visitors.  

By interacting with us, including through our websites, products, and the Services, you agree that your personal information will be handled as described in this Policy. This Policy does not apply to websites, products and services of third parties, including those of our partners, which are subject to their own privacy policies.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Services or interact with our website.

CHANGES TO THIS POLICY

This Policy may change from time to time. OGX is continually improving and adding new functionality and features to its Services and improving and adding to its existing products, services, and programs. Because of these ongoing changes, changes in the law, and the changing nature of technology, OGX’s data practices will change from time to time. We will update this Policy from time to time to address such changes and will endeavor to notify you of any material changes. Your continued use of our Services, products, or website after we make changes is deemed to be acceptance of those changes. Accordingly, we encourage you to check this page frequently. This policy was last updated on 07/XX/2024.

PERSONAL INFORMATION COLLECTED THROUGH THE SERVICES

Information You Provide To Us

When you use our Services (for example, when you access our websites, create an account to access certain of our Services, populate your profile, contact our customer service or participate in any sweepstakes, contests or promotion), we collect and store any information that you give us. Below are the categories of personal information (meaning any information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you) that you may voluntarily give us when you use our Services:

We collect Information You Post on OGX Services. When you provide or post information to our Services, including your user name, comments, likes, interests, status, pictures and references to your online presence, we make this information available to others, as you request.

We collect Correspondence Information. When you use the Services to contact OGX with questions and comments, we collect the information you provide as part of your correspondence to us.

We collect Contact Information. When you create an account or fill out a form on the Services, you may provide your name and other contact information, including your company’s name, your e-mail address, and your mailing address or the mailing address of your company or other personal information. If you do not wish to create an account or fill out all of the information on a form you are not required to do so. You are providing any and all such information voluntarily.

We collect Demographic Information, including your birthdate, gender, and age. 

We collect Transaction Information. If you request any information from our Services, buy any of our products or subscribe to any of the services offered on our Services, we will ask you to complete an order form that will request certain information from you, including your name, e-mail address, financial information such as a credit card number and expiration date and general contact, billing and shipping information.

We collect Visual Information, including your likeness as captured in photographs or video recordings if you visit any of our physical locations.

Information Collected From Cookies & Other Technologies

In addition to the information you provide when you use the Services, OGX uses technology to collect information about the use of our Services.

We collect Internet activity information, such as your IP address, cookie information, pixel tag information, and click-stream data (all of which are described below).

We collect Geolocation Information, including your approximate location derived from your device’s IP address.

“Cookies” are small data files that are transferred to your computer when you allow your browser to accept cookies. Cookies automatically identify your Web browser to the Services whenever you visit the Services, and make using the Services easier for you by saving your passwords, purchases, and preferences. By tracking how and when you use the Services, cookies help us determine which areas are popular and which are not. Many improvements and updates to the Services are based on data obtained from cookies. Accepting cookies allows you, among other things, to personalize your experience of the Services. Cookies may also allow the Services and companies such as Facebook and Google to present to you advertising which may be of interest to you.

“Pixel Tags” (including web beacons and clear GIFs) are electronic images, often a single pixel, that are ordinarily not visible to site visitors and may be associated with cookies on the visitors’ hard drives. Pixel Tags allow us to count users who have visited certain pages of our websites, to deliver branded services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted e-mail messages, Pixel Tags can tell the sender whether and when an e-mail has been opened.

IP Addresses and Click-Stream Data. There may be a collection of IP addresses and/or click-stream data for purposes of system administration and to report aggregate information to our advertisers and sponsors. An IP address is a number that is automatically assigned to your computer whenever you access the Internet. Our computers identify your computer by its IP address. When you request Web pages from the Services, our computers log your IP address. Click-stream data is information collected by our computers when you request Web pages from the Services. Click-stream data may include such information as the page served, the time, the source of the request, the type of browser making the request, and the preceding page view. When analyzed, this data helps us analyze how visitors arrive at the Services, what type of content is most popular, what type of visitors in the aggregate are interested in particular kinds of content and advertising, and the like.

Information Collected From Third Parties

We may also receive information about you from our partners and other third parties.

We may receive or engage third-party service providers to collect on our behalf, the categories of personal information described above, including those parties that host our websites, facilitate our ticket sales, process our credit card transactions, fulfilling your orders, and engage in other activities needed to help us provide our Services to you. We only permit our service providers to use your personal information in connection with the services they provide us.

If you choose to interact with our Services through a Social Networking Site (“SNS”), such as when you post content to or login through Facebook, they may provide us with information, in accordance with your elections. We may also provide information to the SNS as well, as discussed below.

We do not control third parties’ collection or use of your information to serve interest-based advertising.

USE OF PERSONAL INFORMATION COLLECTED THROUGH THE SERVICES

We use the categories of personal information described above for the following purposes:

OGX uses the personal information you provide to answer your questions, including to investigate your concerns, or resolve your problems.

OGX and our partners use the personal information you provide to facilitate sales, process transactions and fulfill your orders. We may also use the information provided by you to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection and our terms and conditions.

OGX uses personal information as necessary to protect our company, our customers, and our business partners. We also may use this personal information to protect our Services, including to maintain the safety, security, and integrity of our systems, services, databases and other assets, as well as to detect and investigate activities that may be illegal or prohibited (such as cyber-attacks or fraudulent activities).

OGX and our partners use certain information provided by you to respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

OGX will use certain pieces of personal information to verify your identity if you make requests pursuant to this Policy. The verification steps and the pieces of personal information that we request may vary depending on the sensitivity and nature of your request.

OGX and our partners use information to help us improve the content and functionality of our Services, to better understand our customers and markets, to improve our products and services, to enhance our marketing practices, and to serve you with relevant advertisements.

OGX, our partners, and companies such as Facebook and Google may use this information to contact you or present you with marketing messages in the future to tell you about products or services we believe will be of interest to you. If we do contact you through email, each email we send you will contain instructions permitting you to “unsubscribe” from receiving future emails.

In addition to the above, we may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

Similarly, we may provide “subscription” e-mail services, either directly or through affiliates, which enable you to receive current news and updates about OGX. For all such services, we will provide an opportunity to “unsubscribe” from, or cancel, the subscription.

We may also use information as otherwise disclosed or permitted by law, or as we may notify you.

DISCLOSURE OF YOUR PERSONAL INFORMATION

We share these categories of personal information under the following circumstances:

OGX may share personal information with third-party service providers who perform services on our behalf. We may share each category of personal information with service providers who send emails for us, help us manage and operate our sites, process and fulfill purchases, provide advertising or marketing services, provide analytics and search engine support, track advertising impressions, investigate and prevent data security incidents, audit our business and financial statements, provide legal advice, and place our advertisements on other platforms.

OGX may share some or all of the personal information collected through the Services with our partners and companies such as Facebook and Google, who use this data to serve relevant advertisements to you and in accordance with this privacy policy.

OGX may allow a variety of parties to access the personal information we collect, depending upon the project for which the information was originally collected, the terms of that engagement, and the policies into or out of which the consumer has opted.

From time to time, we may send you offers from OGX, its affiliated entities, and our promotional partners based on the information you have provided us. In addition, we may provide information we collect about you with third party companies regarding promotions, sweepstakes and other opportunities and/or offers. These third parties are subject to stringent data security and confidentiality requirements.

OGX may take part in or be involved with a corporate business transaction, such as a merger, sale, joint venture, or any other type of acquisition or business combination of all or a portion of our assets. If another entity acquires us or any of our assets, Personal Data that we have collected may be transferred to such entity and its advisors leading up to and/or following the transaction. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, Personal Data that we hold may be considered an asset of ours and may be sold or transferred to third parties.

OGX may disclose your Personal Data with other parties at your direction or with your consent.  If you are the winner of a sweepstakes or other contest, we may also disclose your Personal Data to anyone who requests a winner’s list.  We may also release personal information to law enforcement, government agencies or others when we believe release is appropriate to comply with the law, enforce or apply our conditions of use and other agreements, or protect the rights, property, or safety of our Services, our users, or others. We will also release information if we are acquired by or merged with another company, or if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding.

YOUR CHOICES ABOUT OGX COLLECTING, USING, & SHARING INFORMATION

Opt Out of Marketing Communications. It is possible for you to use many of our Services without giving us any personally identifiable information. When you do register with us or give us personally identifiable information, you will have an opportunity at the time we collect your information to limit e-mail communications from OGX and from our third-party partners. You can request at any time that OGX not send future e-mails to you either by unsubscribing from the communication or by contacting us by clicking here.

Opt Out of Cookies & Other Technologies. If you do not want information collected through the use of cookies, you generally can opt-out of providing this information by turning the cookies off in your browser; however, some areas of the Services may not provide you with a personalized experience if you have disabled the use of cookies.

Opt Out of Third-Party Information Sharing. As mentioned above, we share information with third parties under certain circumstances. While we believe this disclosure of your information will result in opportunities that may be of interest to you, you have the right to tell us not to give your information to any third party. If you want OGX to keep all of the information collected about you confidential and not share it with any third party, please either submit your request here. Or mail your written request to:

OGX Media Experiences, LLC

130 East 23rd Street

New York, NY 10016

Your request must include your name, email address, mailing address and must be signed (signature only required for a written request sent by regular mail). Please allow six weeks to process your request. After your request has been fulfilled, disclosures will only be made in the limited circumstance in which OGX or our partners must share or transfer the personal information in our databases, to comply with a legal requirement, for the administration of justice, to protect your vital interests, or in the event of a corporate sale, merger, reorganization, dissolution, or similar event.

You can also opt-out of tracking on our website or others for online behavioral advertising by visiting the DAA’s Consumer Choice page at http://www.aboutads.info/choices/ or the Network Advertising Initiative’s page at http://www.networkadvertising.org/choices/.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

Cross-Border Transfers

As a global organization, we will transfer and/or store Personal Data under our control in the United States and/or other countries where we have facilities or in which we engage service providers. As a result, your Personal Data may be transferred to other countries or regions.

If you live outside of the United States, you understand and agree that we may transfer your Personal Data to the United States. When we transfer your Personal Data outside of your country of residence, we do so in accordance with applicable law and take appropriate steps to ensure your data is protected. However, please note that while outside of the jurisdiction in which you reside, your Personal Data will be subject to applicable laws (including those in the United States), which may not provide the same level of protections for Personal Data as those in your country of residence.

If you are located in the EEA, UK, or Switzerland, please note that we may need to transfer your Personal Data to countries that have not been recognized as providing an adequate level of data protection. We generally use EU Standard Contractual Clauses (or other government-approved contracts) or other lawful data transfer mechanisms that provide appropriate safeguards for Personal Data that is transferred to countries that have not been recognized as providing an adequate level of protection. To learn more about the cross-border transfer of your Personal Data and the transfer mechanism(s) we use to lawfully carry out such transfers, please contact us online.

11. Additional Information for non-US Residents

In certain countries, OGX acts as the “Controller” (as defined in applicable data protection law) of your Personal Data, and the following disclosures are provided in accordance with applicable law. 

Our Legal Basis for Processing Your Personal Data

Below are the legal bases that we rely on to process your Personal Data:

Consent. We may rely on the consent that you provide us at the point of data collection or disclosure to process your Personal Data. You have the right to withdraw the consent you have provided us at any time and may do so by contacting us using the contact information below. Additionally, if you have consented to our use of cookies, you can review and change your preferences and opt out of our use of cookies (other than those that are “strictly necessary”) through the cookie management tool available at the link on the bottom of the webpage.

Contractual Necessity. We may process your Personal Data where it is either necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract. This may include Personal Data used to provide you with our products and related services and related transaction information.

Compliance with a Legal Obligation. We are subject to various legal requirements in the jurisdictions in which we operate, and we may process your Personal Data if necessary for us to comply with a legal or regulatory obligation to which we are subject. In particular, we may be required to retain your Personal Data for extended periods of time and to provide copies of such data to law enforcement, governmental, or other regulatory authorities and/or third parties.

Exercise of Our Rights. We may need to process your Personal Data to exercise our legal rights in judicial, administrative, or arbitration procedures. 

Legitimate Interests. We may rely on one or more of our legitimate interests to process your Personal Data, provided that our interests are not overridden by your interests or fundamental rights and freedoms. For example, we may collect and use your Personal Data in reliance on a legitimate interest in managing our relationship with you; conducting and managing our business; providing you with customer support; conducting market research; developing and enhancing the Website and the Services; detecting and preventing fraud and other harmful activities; and monitoring and maintaining the security of our data, systems, and networks.  

YOUR CALIFORNIA RIGHTS

If you reside in California, you have the right to make the following requests with respect to your personal information:

Access – You have the right to request that we disclose to you the categories of personal information collected about you, the categories of sources from which the personal information is collected, the categories of personal information sold or disclosed, the business or commercial purpose for collecting and selling the personal information, the categories of third parties with whom we share the personal information, and the specific pieces of personal information collected about you over the past 12 months.

Deletion – You can request that we delete your personal information that we maintain about you, subject to certain exceptions.

Correct – You can request that we correct any inaccurate personal information about you that we may hold. We will use commercially reasonable efforts to correct inaccurate personal information, taking into account the nature of the personal information and the purpose for our processing.

Opt-out – You can request to opt-out of the sale of your personal information to a third party. For purposes of this privacy policy, “sell” means the sale, rental, release, disclosure, dissemination, availability, transfer, or other oral, written, or electronic communication of your personal information to an outside party for monetary or other valuable consideration.

Right to be free from discrimination – You have the right not to be discriminated against for exercising these rights.

In addition to the foregoing, California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations. For example, we may retain personal information as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, and to process transactions and facilitate customer requests.

We will take reasonable steps to verify your identity prior to responding to your requests. The verification steps will vary depending on the sensitivity of the personal information and whether you have an account with us.

You may designate an authorized agent to make a request on your behalf. When submitting the request, please ensure the authorized agent identifies himself/herself/itself as an authorized agent.

You may exercise the above rights by submitting the request online here. Or by mailing us directly here:

OGX Media Experiences, LLC,

130 East 23rd Street, New York, NY 10016

ADDITIONAL PRIVACY INFORMATION

Social Networking Sites. The Services may enable you to post content to or log in through an SNS (e.g., Facebook). If you choose to do this, we will provide information to such SNS and they may provide us with information, in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of any SNS and that it is your responsibility to review the terms of use and privacy policy of the third party provider of such SNS. We will not be responsible or liable for: (i) the availability or accuracy of such SNS; (ii) the content, products or services on or availability of such SNS; or (iii) your use of any such SNS. You can revoke our access to SNS information at any time by updating the appropriate settings from within your account settings on the applicable SNS or disabling your SNS account access through the Services.

Public Forums. OGX may make chat rooms, forums, message boards, and/or news groups (collectively, “Public Areas”) available to its users. Please remember that any information that is posted to and/or disclosed in these Public Areas becomes public information. Accordingly, you should exercise caution when deciding to disclose your personal information in any Public Areas. By posting in the Public Areas, you grant OGX, and all of its related, affiliated, parent and subsidiary entities, and all of the officers, directors, employees, consultants, agents, and representatives of the foregoing, a license to use the materials you post to the Services or any related service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Services or related service, you are granting OGX, its related, affiliated, parent and subsidiary entities, and all of the officers, directors, employees, consultants, agents, and representatives of the foregoing, a license to use User Content, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, compile, analyze and reformat User Content. You will not be compensated for any User Content. You agree that OGX may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Services or any related service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute such User Content.

Links to Other Sites. This privacy policy applies only to the Services. OGX and our partners operate other websites for different purposes and in different countries where different laws may apply. If you visit any OGX website or application, please take a moment to review the privacy policy posted on that website or application to learn what personal information may be collected through that website and how it is processed.

OGX websites contain hyperlinks to websites that are not operated by OGX. These hyperlinks are provided for your reference and convenience only, and do not imply any endorsement of the activities of these third-party websites or any association with their operators. OGX does not control these websites and is not responsible for their data practices. We urge you to review the privacy policy posted on any website you visit before using the website or providing any personal information about yourself.

CHILDREN

OGX does not knowingly collect personal information from children under the age of sixteen (or the age of majority in your jurisdiction of residence), nor do we knowingly allow children to use our Service. If you are under the age of thirteen (or the age of majority in your jurisdiction of residence), please do not transmit any information about yourself to us, including your name, address, telephone number, or email address. If you have reason to believe that a child has provided personal information to OGX, please contact us, and we will use our best efforts to delete that information from our databases as soon as commercially practicable.

RETENTION PERIODS

OGX will generally retain information about you for so long as we have a legal or business purpose for it or a legal requirement to maintain it. The criteria used to determine our retention periods include:

the length of time we have an ongoing relationship with you (for example, for as long as you are a current or prospective customer) and the length of time thereafter during which we may have a legitimate need to reference your personal information to address issues that may arise;

whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records for a certain period of time before we can delete them); or

whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

SECURITY

While no method of data transmission is guaranteed against unlawful third party interception or other misuse, OGX uses commercially reasonable efforts to ensure protection of your data, including use of industry-standard encryption and offline security methods in our physical facilities.

Although we make good faith efforts to store the information collected through the Services and otherwise in a secure operating environment that is not available to the public, we cannot guarantee the absolute security of that information during its transmission or its storage on our systems. Further, while we attempt to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third parties from illegally obtaining access to this information. We do not warrant or represent that your information will be protected against, loss, misuse, or alteration by third parties. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.

GOVERNING LAW

This privacy policy forms part of our Web Site Terms and Conditions and as such shall be governed by and construed in accordance with the laws of the State of New York.

QUESTIONS ABOUT OUR PRIVACY POLICY

Again, if you have any questions about this privacy policy or concerns about the way OGX processes your personal information, please contact us at info@hersheysupersweetadventure.com.