PRIVACY NOTICE

This Privacy Notice (“Privacy Notice”) was last modified as of May 24, 2022.

1. Introduction

This Privacy Notice is provided by Five Star Parks & Attractions (referred to in this Privacy Notice as “Five Star,” “we”, “us” and “our”). Five Star Parks & Attractions is based in Branson, Missouri.

This Privacy Notice describes how Five Star Parks & Attractions collects, uses, shares, and retains personal information that you provide to us, or that we collect, when you use the Five Star Parks & Attractions website located at www.fivestarparks.com and any website operated by Five Star Parks & Attractions or its affiliates or subsidiaries on which this Privacy Notice is posted (collectively, the “Site”), when you use or purchase any of our products or services, or when you interact with our content, social media pages, or mobile applications made available on the Site (the Site, services, content and applications are collectively defined in this Privacy Notice as the “Service”).

2. What Data Does Five Star Parks & Attractions Collect?

2.1 - General Description

We collect personal information and non-personal user data from the Service, as further described in this Privacy Notice. The specific data Five Star Parks & Attractions collects, stores and processes depends on which of our products and service you use and how you use them.

For purposes of this Privacy Notice, personal information means information that identifies, describes, and/or is reasonably capable of being associated with a particular consumer, and includes, without limitation, identifiers such as first and last name, home or other physical address, telephone number, online identifiers such as device ID, and email address, any payment or financial data, or any other identifier that permits us to contact a natural human person, like you, and/or any information that we maintain that could be used to identify you in combination with any of the identifying information described above.

Personal information does not include “aggregate” information, which is data we collect automatically about the use of the Site that cannot be reasonably linked to an individual. The Privacy Policy does not restrict or limit our collection and use of aggregate information, and we reserve the right to share such aggregate information within our organization, Licensor/Franchisor (defined below), potential partners, or other third parties without restriction.

2.2 - Data You Voluntarily Provide through the Service

We collect personal information that you voluntarily provide to us when you use our Service. For example, we collect information in the following ways:

• Information You Give Us: We receive and store any personal information you post on or provide through the Site or through any other means, including, without limitation, information you provide to us when you sign up for the newsletter, reserve tickets or reservations through the Site, enjoy a day at Five Star Parks & Attractions or one of its locations, or reserve other services at Five Star Parks & Attractions (including birthday parties or group bookings), or request information from us regarding any of the above. You can choose not to provide such personal information, in which case you may not be able to access or use portions of the Site or some of their features. We may, but are not obligated to, retain the content of any electronic messages (“emails”) you send or personal information you provide by any other means.

• Reservations: If you use the Site to reserve lodging via our booking partners Xola, Core Cashless and Square and its affiliates (“Ticketing Company”), additional Privacy Policy and terms will apply. Please be sure to review them on our booking platform. If you use another online booking website to reserve lodging with us, you do so at your own risk and you should carefully review the privacy policy and terms of any such websites.

2.3 - Information Automatically Collected Through the Service Including Location Information

We may automatically collect information about you when you use the Service. For example, we will automatically collect information, which may or may not be personal information, such as your browser type and version, computer and connection information and standard web log information. If you access the Service through a mobile device, we may also be able to identify the location of your mobile device. You may choose not to share your location details with us by adjusting your mobile device’s location services settings. For instructions on changing the relevant settings, please contact your service provider or device manufacturer.

2.4 – Information That You Post

If you post information on public areas of the Service, that information will be collected and used by Five Star Parks & Attractions, other users of the Service, and the public generally. We strongly recommend that you do not post any information through the Service that allows strangers to identify or locate you or that you otherwise do not want to share with the public.

3. What Data Do Third Parties Collect through the Service?

3.1 –Google Analytics

We may use Google Analytics, a web analysis service provided by Google, in order to better understand your use of our Site and how we can improve it. Google Analytics collects information such as how often users visit a website, what pages you visit when you do so, and what other websites you used prior to coming to such website. These services collect only the IP address assigned to you on the date you visit a website, rather than your name or other identifying information. We do not combine the information collected through Google Analytics with your personal information. Although these services place a permanent cookie on your web browser to identify you as a unique user the next time you visit a website, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the the Google Analytics Terms of Use and the Google Privacy Policy. Google utilizes the data collected to track and examine the use of the Site, to prepare reports on its activities and share them with other Google services. Google may use the data collected on the Site to contextualize and personalize the ads of its own advertising network. To more fully understand how Google may use the data it collects on the Site, please review “How Google uses information from sites or apps that use our services” (located here or any successor URL).

3.2 - Information Collected by Third Parties through Third Party Links and Content

The Service includes links to other websites and other content from third party businesses. These third party businesses may collect information about you. Five Star Parks & Attractions does not have access to or control over these third parties or the cookies, web beacons or other technology that these third parties may use. We are not responsible for the privacy practices of these third parties or the content on any third party website. You are encouraged to review the privacy policies of the different websites you visit and of the advertisers whose ads you may choose to click while on our Service. For more general information on cookies, please read “What are Cookies.”

4. Cookies

We and our partners may use various technologies to collect and store information when you use our Services, and this may include using cookies and similar tracking technologies, such as pixels and web beacons. They also allow us to collect information such as the IP address, browser, email client type and other similar details. We use this information to measure the performance of our email campaigns, and to provide analytics information and enhance the effectiveness of our Services. Reports are also available to us when we send emails to you, so we may collect and review that information. We, and/or our third party service providers, may use the information collected from cookies or similar files on your computer for security purposes (such as authentication), to facilitate site navigation and to personalize your experience. This data helps us and our third party service providers improve our respective products and services. For more general information on cookies, please read “What are Cookies.”

5. How Do We Use Your Information?

We will only use your personal information where we have a lawful purpose to do so. We may use your personal information as follows:

5.1 - Fulfilling Requests

If you provide your information to us for a particular purpose, we will use the information you provide for the applicable purpose. For example, we use your personal information to complete and manage your online reservation, fulfill your requests, and respond to your inquiries.

5.2 – Operating the Service

We use the information we gather through the Service to help us better understand how the Service and our products and services are being used. By identifying patterns and trends in usage, we are able to better design the Service to improve your experience. We may record and use your IP address, browser type and Internet Service Provider (ISP) for behavioral targeting. Your information helps us to better respond to your individual needs. We use answers to survey questions and/or browsing behavior to fine tune and personalize your experience with our family entertainment centers.

5.3 – Direct Marketing Communications

If you sign up for our mailing list, participate in a sweepstakes or contest, sign up for our newsletter, purchase goods or services, visit an affiliated property, or create an account through the website, we will use the personal information and other information you provide to send you marketing communications relating to the Service, of our parent company, and the similar products and services of our subsidiaries and corporate affiliates, joint venturers and licensees. If you no longer wish to receive these marketing materials, please follow the instructions contained in our marketing materials that allow users to unsubscribe from receiving these types of communications from us. If you unsubscribe from our direct marketing communications, we will remove your email information from our marketing list.

5.4 - Administering Sweepstakes and Contests

If you sign up to participate in a contest or sweepstakes offered through the Service, we will use the personal information you provide when you enter the contest or sweepstakes to run the contest or sweepstakes, and notify you if you are the winner. In addition, if you win the contest or sweepstakes, we will request information necessary to send you the applicable prize such as your name, address, relevant tax ID and payment details required to make payment and comply with applicable financial and tax regulations. To the extent permitted by applicable law, we will also use the personal information and other information you provide to send you marketing communications for us and our affiliate companies, joint ventures and licensees. If you no longer wish to receive these marketing materials, please follow the instructions contained in our marketing materials that allow users to unsubscribe from receiving these types of communications from us. If you unsubscribe from our direct marketing communications, we will remove your email information from our direct marketing list, but we may still send you emails for other purposes, such as to complete a transaction.

5.5 – Legal Purposes

In certain cases, we may need to use your information to handle and resolve legal disputes, for regulatory investigations and compliance, and for fraud, misuse, and criminal investigation purposes.

6. How Do We Share Your Information?

We share your personal information and other information with third parties in some circumstances as follows:

6.1 - Third-Party Processors and Third-Party Service Providers

Five Star Parks & Attractions engages other companies to perform functions on our behalf (collectively, “Service Providers”), such as operating and supporting the Service, analyzing data, or performing marketing or consulting services. These Service Providers will only have access to the information needed to perform these limited functions on our behalf but are prohibited by contract from using the information for other purposes, except as permitted by law or upon your consent.

We also act as a service provider to parties such as our business partners. For example, we use personal information to run a loyalty program, customer relations management services, and customer reservation services.

6.2 - Response to Subpoenas or Court Orders or to Protect Rights and to Comply with Our Policies

To the extent permitted by law, we will disclose your information to government authorities or third parties if: (a) required to do so by law, or in response to a subpoena or court order; (b) we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; (c) we believe that you have abused the Service by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws; (d) in response to a request from law enforcement authorities or other government officials, including to meet national security requirements; or (e) when we believe disclosure is reasonably necessary or appropriate to prevent physical harm or financial loss in connection with an investigation of suspected or illegal activity.

6.3 - Business Transfers; Bankruptcy

In the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets, any user information owned or controlled by us may be one of the assets transferred to third parties. We reserve the right, as part of this type of transaction, to transfer or assign your information and other information we have collected to third parties.

6.4 – Aggregate & Deidentified Information

We may share aggregate information relating to users of the Service with affiliated or unaffiliated third parties. We also may use and share some information that has been deidentified in accordance with applicable legal standards.

6.5 - Marketing Partners

As permitted by applicable law or based on your consent, we may share your personal information with our business partners for marketing purposes such as reservation management, customer relations management, or administering a customer loyalty program. If you would like us to stop providing your personal information as described above, you may opt-out by emailing us at info@fivestarparks.com.

6.6 - To Protect You, Us, or Others

We may share your personal information if we believe, in good faith, that such disclosure would protect your interests or rights, safety, or the interests or rights of others, including Five Star Parks & Attractions and its personnel.

7. Where is the Data Processed & Stored?

Personal information processed by Five Star Parks & Attractions is processed and stored by Five Star Parks & Attractions in the United States. In accordance with applicable data protection laws, Five Star Parks & Attractions implements and maintains reasonable security procedures and practices such as physical, technical and administrative measures to safeguard all personal information that Five Star Parks & Attractions processes. Please be aware that no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee or warrant the security of any personal information that we process.

8. Responding to Concerns

We take your privacy concerns seriously. If you believe that Five Star Parks & Attractions has not adhered to this Privacy Notice, please contact us by sending an email to info@fivestarparks.com with the subject line: “Privacy Concern”. In your email, please describe the ways in which you believe that this Privacy Notice has not been complied with or does not comply with applicable law. We will respond to you within forty-five (45) days of receipt of your email.

9. Children

Our Services are not directed to children under the age of 13. We adhere to the Children’s Online Privacy Protection Act (“COPPA”) and will not knowingly collect personal information from any child under the age of 13, unless a parent or guardian consents to our collection and use of this information. If a parent or guardian becomes aware that his or her child has provided us with personal information without his or her consent, he or she should contact us at info@fivestarparks.com If we become aware that a child under 13 has provided us with personal information, we will take steps to delete the information from our files.

10. Data Retention

We will retain your personal information only for as long as reasonably necessary for the purposes described in this Privacy Notice. Please be aware that we may also be required to retain your personal information for legal and accounting reasons, to comply with applicable laws (including those regarding document retention), resolve disputes with any parties, and otherwise as necessary to allow us to conduct our business.

11. Changes to this Privacy Notice

We reserve the right, in our sole discretion, to amend this Privacy Notice at any time without notice and, unless otherwise indicated, such changes will become effective immediately upon posting; therefore, please check this Privacy Notice periodically for changes. We will display the effective date of this Privacy Notice at the top of this page. If you do not agree with the changes and if you are a registered user, you may cancel your account with us by contacting us at info@fivestarparks.com. The version of this Privacy Notice posted here on each respective date you visit the System shall be the Privacy Notice applicable to your access and use of the System on that date. Our electronically or otherwise properly stored copy of this Privacy Notice shall be deemed to be the true, complete, valid, authentic, and enforceable copy of the version of this Privacy Notice which was in force on each respective date you visited the System. This Privacy Notice is not a contract and does not create any legal rights or obligations. Use of the Site signifies your consent, as well as the consent of the company or business for whom you use the Website and whose information you submit, to this Privacy Policy.

12. How to Contact Us

If you have any questions or concerns about this Privacy Notice or would like to make a request for access or deletion, please contact us by sending an email to info@fivestarparks.com or by using the page at https://www.fivestarparks.com/contact