California Consumer Privacy

Effective Date: April 1, 2022

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.

THE CALIFORNIA CONSUMER PRIVACY ACT (CCPA)

In accordance with the California Consumer Privacy Act’s (together with related regulations the “CCPA”) requirements, this Notice covers the prior 12 months and describes our Collection, use, and disclosure of California Consumers' Personal Information ("PI"), as well as the rights California Consumers have under the CCPA. Terms defined in the CCPA that are capitalized in this Notice have the same meanings as in the CCPA unless otherwise stated.

Consistent with the CCPA, job applicants, current and former employees and contractors, and subjects of certain business-to-business communications acting solely in their capacity as representatives of another business, are not considered Consumers for purposes of this Notice or the rights described herein.

COLLECTION AND USE OF PERSONAL INFORMATION

We collect PI about California Consumers as described in the table below.

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.

We Collect PI for the following Business Purposes:

• Providing our services, including maintaining and servicing your accounts, verifying your information, processing payments, marketing, and similar functions and services;
• Detecting security incidents and protecting against malicious, deceptive, or illegal activity;
• Troubleshooting our services to identify and repair issues;
• Internal research and development;
• Quality and safety assurance, and improving, upgrading, and enhancing our products and services; and
• Processing and managing interactions and transactions for our products and services.

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, our Service Providers also may use your PI for some or all of the above-listed Business Purposes.

We may share your PI with our Service Providers as described in the table above.

CCPA PRIVACY RIGHTS

Under the CCPA, California Consumers have certain rights which they may exercise independently or through an Authorized Agent. CCPA rights requests are subject to an identification and verification process. We will not fulfill a CCPA request unless we have been provided sufficient information for us to reasonably verify that the requestor is the Consumer about whom we collected PI.

Some PI we maintain about Consumers (e.g., clickstream data) is not sufficiently associated with enough PI about the Consumer for us to be able to verify that it is a particular Consumer's PI. Accordingly, we will not include such information in response to Consumer requests. If we cannot comply with a request, we will explain the reasons in our response. You are not required to create an account with us to make a verifiable request, but you may use your account to do so. We will use PI provided in your request only to verify your identity or authority to make the request and to track and document request responses, unless you also provided the PI to us for another purpose.

Your California Consumer privacy rights are described below. To make a request, you may click here or call us at 1-844-976-1706. In making a request, you will need to verify that you are the authorized user of the subject email address/account and that you are a current resident of the State of California. Please follow the instructions on our website and promptly respond to any follow-up inquires so that we may confirm your identity. If you request that we provide you with specific pieces of information about you, we will apply heightened verification standards. 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 Selling your PI.
• The categories of Third Parties with whom we have shared 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.
• A list of the categories of PI Sold about you in the prior 12 months, or that no Sale occurred.
• If we Sold your PI, we will also list the categories of third parties to which we Sold PI, by categories of PI Sold for each Third Party.

You have the right to request a portable copy of your PI that we have Collected in the period that is 12 months prior to the request date and are maintaining.

"Do Not Sell" Rights

We do not "Sell" PI that we Collect from you, in accordance with the definition of a "Sale" under the CCPA.

You may exercise control over browser-based cookies by adjusting the settings on your browser, and mobile devices may offer ad limitation choices. In addition, third-party tools may enable you to search for and opt out of some of these trackers (for example, the Ghostery browser plug-in available at https://www.ghostery.com/). Further, you can learn more about your choices regarding certain kinds of online interest-based advertising here. Some of these companies may also be members of the Network Advertising Initiative; to learn more about the NAI and your opt-out options for their members, click here. We do not represent that these third-party tools, programs or statements are complete or accurate. Clearing cookies or changing settings may affect your choices and you may have to opt-out separately via each browser and other device you use.

Some browsers have signals that may be characterized as "do not track" signals, but we do not understand them to operate in that manner or to constitute a "do not Sell" request. Currently we do not recognize "do not track" signals, nor do we interpret them as a "do not Sell" request. We understand that various parties are developing "do not Sell" signals and we may recognize certain signals if we conclude such a program is appropriate.

Some browsers have signals that may be characterized as "do not track" signals, but we do not understand them to operate in that manner or to constitute a "do not Sell" request. Currently we do not recognize "do not track" signals, nor do we interpret them as a "do not Sell" request. We understand that various parties are developing "do not Sell" signals and we may recognize certain signals if we conclude such a program is appropriate.

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.

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 cashinthelight@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: