Privacy Policy

Privacy Policy

Introduction: The web site located at  www.winchestermysteryhouse.com (the “Site”) is operated by Winchester Mystery House, LLC (“Winchester Mystery House®” or “we” or “our” or “us”). This Privacy Policy describes the types of information collected from you, including Personal Data, what we do with it, with whom we share it, and how you can correct or change such information. It is your responsibility to review this Privacy Policy carefully, especially before providing any personal data through the Site. This Privacy Policy does not alter the terms of any other agreement that you may have with us. This Site is operated in and controlled from the United States of America. If you have any questions about this Privacy Policy or Site, or if you wish to unsubscribe from Site services for which you have previously registered, please contact us at marketing@winchestermysteryhouse.com or at the address at the end of this Privacy Policy.

PLEASE REVIEW THIS PRIVACY POLICY AND THE TERMS OF SERVICE FOR THE SITE CAREFULLY. YOUR USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THIS PRIVACY POLICY AND TERMS OF SERVICE.

Specifically, this Privacy Policy covers:

  1. Types of Information Collected
    • Personal Data
    • Aggregate and Anonymous Data
  2. Use of Cookies and Other Technologies
  3. Our Use of Your Information
  4. Disclosure of Personal Data to Third Parties
    • Disclosure to Affiliates
    • Disclosure to Third Parties
    • Disclosure to Others
  5. Third Party Advertising and Links to Other Sites
  6. Your Choices
  7. Access and Correction
  8. Children and Privacy
  9. Blogs and Other User Forums
  10. Data Security Disclaimer
  11. Exclusions
  12. Other Terms and Conditions
  13. Notice to California Residents
  14. Do-Not-Track Disclosures; Third-Party Tracking
  15. Notice to Residents Outside the United States
  16. Changes to this Privacy Policy
  17. Contacting Winchester Mystery House, LLC Regarding Your Privacy
  18. Types of Information Collected:
    Personal Data:

Personally Identifiable Information (“Personal Data”) is any information that can be used to identify a specific individual.  We, or our service providers, collect Personal Data when you interact with the Site; for example when you subscribe for newsletters, register for membership services (e.g., the Skeleton Key Club), participate in blogs or other user forums, respond to polls or surveys, purchase merchandise or purchase tickets or seasonal tours via the Site, book an event, register for sweepstakes, contests and other promotional opportunities, seek help from our customer service departments request a donation from us, or if you apply for a job with us.  For information collected by our service providers and shared with us, we will treat that information, including Personal Data, consistent with this Privacy Policy.

On the Site, we, or our service providers, may collect the following types of Personal Data from you when you make a purchase: your name, email address, home address, phone number and credit card information.

When you make a purchase (such as buying tickets, merchandise, or sign-up up for club membership) on the Site, our third-party service provider, VBO Tickets, collects payment information and account information on our behalf.  The VBO Tickets’ privacy policy and terms of service apply to information you provide and purchasing activities.  These policies will be provided to you at point of purchase, and are also available for you to review here:  http://www.vbotickets.com/privacypolicy and https://www.vbotickets.com/site/terms.

If you are interested in applying for a job with Winchester Mystery House®, you will be re-directed to our third-party service provider, ADP’s, website.  ADP collects hiring information on our behalf.  ADP’s Privacy Policy (https://www.adp.com/privacy.aspx?langCode=en_US&ln=en_US) and Terms and Conditions (https://www.adp.com/legal.aspx) apply to any information you submit via those application forms.

If you request a donation from us, our third-party service provider, FrontStream, collects information you provide about you and your organization, including organization name, website, EIN, organization contact information, including contact person, role at the organization, address, phone number, email address, information about your cause, your event, including event date, how many people will attend and fundraising goals, and what you would like us to donate.  The FrontStream privacy policy applies to information you provide. This policy should be provided to you in the donation request form and is also available here: https://www.frontstream.com/privacy-policy/.

If you choose to connect to your account on another service, such as Facebook® via our Site (such as to respond to our blog posts), we may receive information from the other service.  For example, if you connect to Facebook, Instagram or Twitter, we may receive information like your name, profile picture, and email address.  You can stop sharing the information from the other service with us by removing access to that other service.  You may also have the opportunity to interact with us via social media, such as through our Facebook page, Instagram feed or Twitter feed.  When you interact with us through various social media, for example, by liking or messaging us on Facebook, we may collect information that you provide to us.  When you post on our social media platforms, remember that your post is public to other users of the platform.  Please do not post sensitive information on our social media pages.  The information we receive from your social network depends on your privacy settings.  You should always review, and, if you prefer, adjust your privacy settings on third-party websites and services.

Aggregate and Anonymous Data:

Aggregate and anonymous data is information that is not intended to identify you specifically including data collected automatically through the operation of the Site (“AA Data”). We may collect AA Data such as site usage data (which Site pages you visit and in what sequence) through the use of various technologies. For example, we collect IP addresses from individuals who visit the Site. An IP address is a number that is automatically assigned to your computer whenever you’re surfing the Web. Web servers, the computers that “serve up” Web pages, automatically identify your device (e.g., computer or mobile device used to access the Site) by its IP address, and when you request a page from a website, its servers log your IP address. We do not link IP addresses to any Personal Data, so although your session will be logged, you will remain anonymous to us and the Site. We may also collect password information from you when you log in, as well as information such as browser type or version, device type used to access the Site. During some visits, we may use software tools, such as Javascript, to measure and collect session information, including page response times, download errors, time spent on certain pages, page interaction information, and methods used to browse away from the page.

  1. Use of Cookies and Similar Technologies:
    Like many sites, we use “cookies” or other similar technologies to collect AA Data. A cookie is a small data file that writes to your hard drive for record keeping purposes when you visit the Site. Cookies allow the Site to measure traffic activity on the Site and to improve your user experience, for example, by remembering your passwords and viewing preferences, allowing you to visit “member only” portions of the Site without re-registering, and tracking the progress and number of entries in activities that require registration or entry, such as sweepstakes. Similarly, if you have asked us to send you information about upcoming products and promotions, using cookies we collect information about which Site pages you have visited and in what order (“Clickstream Data”) that may allow us to narrow or limit the materials provided to you based on your prior online activities or preferences. Most browsers are initially set to accept cookies. If you prefer, you can set your browser to refuse cookies or to alert you when cookies are being sent, but it is possible that some parts of the Site will not function properly if you do so. To learn how you may be able to reduce the number of cookies you receive from us, or delete cookies that have already been installed in your browser’s cookie folder, please refer to your browser’s help menu or other instructions related to your browser or via browser app settings on your mobile device.

In addition, we may use a service that collects data remotely by using so-called “pixel tags,” “web beacons,” “clear GIFs” or similar means (collectively, “Pixel Tags”) embedded in the Site’s content. A Pixel Tag is an electronic image, often a single pixel (1×1), that is ordinarily not visible to Site visitors and may be associated with cookies on a visitor’s hard drives. This information is AA data.

  1. Our Use of Your Data:
    Personal Data:

We, or our service providers, will use your Personal Data for the purposes for which it was provided. For example, if you provide Personal Data to register for a newsletter, to enter a contest or a sweepstake, or to purchase goods or services, we will use it to register you for or provide you with those goods or services. We may also use your Personal Data to provide you with information about features, services and other offerings that may be of interest to you. We also may send information or offers to selected groups of Site users on behalf of other businesses. When we do this, we do not give those businesses your name or address. Under certain circumstances (for example, if you win a contest) we may post your Personal Data on the Site. We will notify you of this possibility when you provide the Personal Data and, if possible, when the Personal Data is posted. Cookies and similar tools may be used to relate your use of the Site and AA Data to Personal Data obtained from you. If any AA Data is linked with Personal Data, the linked AA Data will then be treated as Personal Data.

AA Data:

We may also use Personal Data in aggregate form for purposes of research or analysis. In order to better understand and serve the users of the Site and Other Services, Winchester Mystery House® often conducts research on its customer demographics, interests and behavior based on Personal Data we gather. Although this aggregated data may be based in part on Personal Data, it does not identify you personally and is treated as AA Data. Winchester Mystery House® may share this type of AA Data with a variety of third parties, including its affiliates, agents, and current and prospective business partners. We may use AA Data collected from the Site for site administration, advertising and promotional purposes, and we may share such information with various affiliated and unaffiliated entities for such purposes. For example, IP addresses are used for the purposes of system administration and to provide AA Data to advertisers about the volume of use on the Site, and Clickstream Data and demographic AA Data may be shared with our advertisers and business partners. We may also enter into agreements with outside companies that possess technology that allows the Site to customize the advertising and marketing messages you receive on the Site. This data (including Clickstream Data about your activities on our Site) may be shared with these companies for this purpose.

  1. Disclosure of Personal Data:

Disclosure to Third Parties:

We reserve the right to share Personal Data with our affiliates. If you do not want us to share your Personal Data with our affiliated companies for their marketing purposes, you may opt-out of such sharing by contacting us at marketing@winchestermysteryhouse.com (see “Your Choices” below).

Disclosure to Third Parties:

Winchester Mystery House®, like many businesses, sometimes hires other companies to perform certain business-related functions on our behalf such as hosting specific portions of the Site, maintaining databases, administering contests, mailing information and processing payments. When we employ a third party to perform these functions, that third party will only collect, or be provided with, as the case may be, the particular Personal Data it needs to perform its function. For third-party sponsored sweepstakes, contests or promotions, we may request Personal Data from you that may be shared with the sponsor upon request.

Disclosure to Others:

In addition, we may disclose Personal Data without providing you with a choice under the following limited circumstances to: (1) protect the legal rights, privacy or safety of Winchester Mystery House, LLC or its subsidiaries, affiliates or its or their employees, agents and contractors; (2) protect the safety and security of visitors to our web sites or other properties; (3) protect against fraud or other illegal activity or for risk management purposes; (4) respond to inquiries or requests from public authorities; (5) permit us to pursue available remedies or limit the damages that we may sustain; (6) enforce our Terms of Service; or (7) comply with the law or legal process.

If Winchester Mystery House® sells all or part of this Site or makes a sale or transfer of assets or is otherwise involved in a merger or business transfer, we may, in our sole discretion, transfer, sell or assign your Personal Data to a third party as part of or in connection with that transaction. Upon such transfer, the privacy policy of the acquiring entity may govern the further use of your Personal Data.

  1. Third-Party Advertising and Links to Other Sites:

This Site may include third-party advertising (for example, to help you plan your visit to San Jose). These third parties, websites and advertisers, or the Internet advertising companies that work on their behalf, may use technology to send (or “serve”) the advertisements that appear on our Site directly to your browser. They automatically receive your IP address when this happens. They may also use cookies, Javascript, Pixel Tags and other technologies to deliver advertisements, collect information about the effectiveness of their advertisements, and to collect anonymous information about your visits to the Site, such as the number of times you have viewed an ad (but not your name, address, or other Personal Data). For more information about these specialized cookies and other technologies, and how to “opt out” of information collection by these companies, we suggest you visit http://networkadvertising.org/optout_nonppii.asp.

Please note that this Site contains links to other sites that will not follow the same privacy policy as our Site. For instance, clicking on an advertisement or on links or other elements on the Site may take you to an entirely different site (for example, we include links to other attractions in San Jose and to hotels in San Jose to help you plan your visit). Links to other sites may use our Site logo or style as a result of a co-branding agreement. These sites may send their own cookies to you and may collect data and make use of that data in ways that this Site would not. Once you’ve left this Site, this Privacy Policy will no longer apply to Personal Data or any other data collected from or provided by you. You should check the applicable privacy policy to determine how that site will handle such data.

  1. Your Choices:

You can use the Site and certain Other Services without providing any Personal Data, but if you decline to provide Personal Data, you may not be able to use certain services or features. If you have previously provided Personal Data to the Site and have subscribed to one or more email newsletters or are receiving emails or other marketing communications from the Site and you do not want to receive such emails, please discontinue your subscriptions by selecting the “unsubscribe” link at the bottom of any such message or by contacting us at marketing@winchestermysteryhouse.com. Your option not to receive promotional and marketing material will not preclude us from corresponding with you, by email or otherwise, regarding your existing or past business relationships with us, and will not preclude us from accessing and viewing your Personal Data in the course of maintaining and improving the Site and our services.  We will retain records of your Personal Data as needed in order to comply with applicable federal, state, or local law.

  1. Access and Correction:

If you would like to review, correct or change the Personal Data that you have previously provided us, please contact us at marketing@winchestermysteryhouse.com. We will take reasonable steps to update or correct Personal Data in our possession.

  1. Children and Privacy:

We encourage parents and guardians to spend time with their children online and to be fully familiar with the sites visited by their children. At various places on the Site or Other Services, we may ask users for their age. By using the Site or Other Services you agree to respond truthfully and accurately about your age. Children under the age of 13 years of age are expressly prohibited from submitting or posting any Personal Data on the Site or Other Services.

  1. Blogs and Other User Forums:

Please remember that information posted to blogs and other user forums becomes public information. Use caution when posting. Individuals under the age of 18 should be especially careful not to provide any Personal Data when participating in any area of the Site where postings might become public. Please see our Terms of Service for the standards of behavior that must be followed when using these portions of the Site or Other Services.

  1. Data Security Disclaimer:
    Winchester Mystery House® takes reasonable security precautions to secure the Personal Data that you choose to provide against the loss, misuse, alteration or unauthorized access of such information. Unfortunately, no transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of Winchester Mystery House® to intercept or access transmissions or private communications unlawfully. While we strive to protect your Personal Data, we cannot ensure or warrant the security of any Personal Data you transmit to us. Any such transmission is done at your own risk. If you believe that your interaction with us is no longer secure, please notify us of the problem by contacting us at marketing@winchestermysteryhouse.com.
  2. Exclusions:

This Privacy Policy shall not apply to any information outside of Personal Data, for example, to unsolicited information you provide to Winchester Mystery House® on or through this Site or Other Services. Please see our Terms of Service for our policies regarding such unsolicited information. All such unsolicited information shall be deemed to be non-confidential, and Winchester Mystery House® shall be free to reproduce, use, disclose and distribute such unsolicited information to others without limitation or attribution.

  1. Other Terms and Conditions:
    Your access to and use of this Site or Other Services is subject to the Terms of Service.
  2. NOTICE TO CALIFORNIA RESIDENTS:
    California law permits California residents who provide us with Personal Data to request certain information regarding our disclosure of such information to third parties for their direct marketing purposes. We do not, at this time, disclose such information to third parties for their direct marketing purposes. If we change this policy, we will update this provision and provide instructions on how you may make a request for details.  If any other state enacts a similar law as the California law, then this provision will also apply to such state.
  3. DO-NOT-Track Disclosure; Third-party Tracking:

Certain mechanisms may allow you to send web browser signals, known as “Do Not Track” (“DNT”) signals, indicating your choice to disable tracking on the Site.  We do not respond to browser do not track signals at this time.  We may not be aware of or able to honor and respond to every such mechanism. More information about “do not track” is available at www.allaboutdnt.org.

Third parties, other than our vendors (such as our website analytics provider), do not have authorization from us to track which websites you visited prior to and after visiting the Site.  That said, we cannot control third party tracking and there may be some third party tracking that occurs without our knowledge or consent.

  1. NOTICE TO RESIDENTS of Countries outside the united states:
    We control and operate this Site from the United States. The Site is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Please note that we do not represent or warrant that the Site is appropriate for use in any particular jurisdiction. Those who choose to access the Site do so at their own initiative and are responsible for complying with all local laws, rules and regulations.
  2. Changes to this Privacy Policy:
    From time to time, we may revise this Privacy Policy to reflect industry initiatives, changes in the law or technology, or changes in our practices regarding information collection and use. If we make revisions to the way we collect or use Personal Data, we may provide notice of those changes by either: (1) announcing the change on the home page of the Site or (2) taking such other action as we deem appropriate under the circumstances, including without limitation, posting the revised draft of this Privacy Policy on the Site. You can determine when this Privacy Policy was last revised by referring to the “Last Updated” legend at the bottom of this page. Any changes to this Privacy Policy will become effective upon posting of the revised Privacy Policy on the Internet, accessible through the Site. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Privacy Policy, as it may be amended from time to time, in whole or in part, please do not continue using this Site.
  3. Contacting Winchester Mystery House, LLC Regarding Your Privacy:

If you have any questions about this Privacy Policy, Personal Data gathered by this Site or Other Services, or about the operation of this Site or Other Services, or if you wish to unsubscribe from the Site or Other Services, please contact us at marketing@winchestermysteryhouse.com, or at the address listed below.

Winchester Mystery House®
525 S. Winchester Blvd.
San Jose, CA 95128

Last Modified and effective on 10/1/2018

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