Last Updated: April 18, 2018
This Policy outlines the types of information that Simon gathers about you while you are using the Platform, and the ways in which Simon uses and shares this information. This Policy does not apply to any information you may provide to Simon, or that Simon may collect, offline and/or through other means (for example, at a live event or through the mail). As used herein, the words “user,” “you” and “your” mean users of the Platform and the words “we,” “us" and "our" mean Simon.
Because the web is an evolving medium, this Policy may be updated from time-to-time, in which case we will post the revised Policy on the Platform and update the "Last Updated" date to reflect the date of the changes.
Personally Identifiable Information (PII)
We do not collect any PII about you through the Platform (such as your name, address, mobile phone number or e-mail address) unless you provide it.
When you complete forms online or otherwise provide us information in connection with a program, you agree to provide accurate, complete and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If we, in our sole discretion, believe that any information you provide is untrue, inaccurate or incomplete, we may prohibit you from further participation in the applicable program and pursue any appropriate legal remedies.
We may share PII, such as your telephone or e-mail contact information, with social media outlets, like Facebook and Instagram, in connection with our agreement to share such information with them, in order to provide more targeted advertisements about goods and services from us or mall retailers that may be of interest to you.
Except as set out in this Policy, or as disclosed when you sign up for, or otherwise provide information to use, or participate in, an optional feature on the Platform, we will not disclose any PII to a third party without your express prior authorization, nor will we use such PII for any purpose other than as set out in this Policy or to provide the applicable feature.
Non-Personally Identifiable Information (Non-PII)
In some cases, when you use the Platform, we and/or specific third parties authorized by Simon may collect and store non-PII about you which is generated automatically through your use of the Platform, such as, but not limited to your IP address (a unique number that is automatically assigned to your computer whenever you are surfing the web), your network MAC address (a unique number that is assigned to your network card by the manufacture), your Bluetooth MAC address (a unique number that is assigned to your bluetooth radio by the manufacturer) your Identifier for Advertising (IDFA) on iOS devices, your Google Advertising ID (AAID) on Android devices, your network operator, your browser type, your browser version, your operating system, your operating system version, your type of mobile device, your device’s preferred language, your country, your IP-determined location, a randomly assigned, unique user identification number (UID), and other characteristics relating to your device, its software and the mode of communication with us. This information, by itself, cannot be used to identify you. We may also collect and store information that you chose to upload to the Platform, such as feedback, reviews and comments.
We use this information for various purposes, such as to create aggregated data reports that we may disclose to third parties, including entities with whom we have entered into an agreement to provide such information. We may also study aggregate data in order to enhance our existing services or develop new services and use non-PII to enable Simon or a third party to provide you with information about products and services while you are using the Platform.
Use of Browser Based Cookies, HTML 5 Storage, Web Beacons and Do Not Track
Simon uses browser-based, HTTP and/or HTTPS web cookies, which are small text files placed on your computer's hard drive or mobile device’s on board storage and subsequently read as you visit a website, as well as web beacons (also known as pixel tags), which are electronic images embedded into a webpage, and HTML5 storage on the Sites. We may also engage third party vendors to use these technologies on our behalf.
Web cookies and web beacons are commonly used for record keeping, to track your movements when you visit the Sites and to help Simon and our authorized third party advertising and/or analytics vendors determine what type of information to present to you. The use of web cookies and web beacons is an industry standard practice used at most websites and can enhance a user’s experience on a website. Simon’s web cookies and web beacons do not contain PII, and do not damage or alter your system files. Simon’s web cookies and/or third party vendor web cookies are persistent web cookies, which are web cookies that remain within your computer or mobile device over a period of time. Information from a web cookie may be collected and used in aggregate form or, alternatively, data may be collected into an individual profile or record. That individual record may either be unique or anonymous. Simon and/or its third party vendors may use these profiles in a way for them to be linked with information that identifies you as an individual, typically for fraud detection purposes within gift card portions of the Platform. The information gathered from web cookies, web beacons and HTML5 storage may also be used to provide advertisements about goods and services from us or our mall retailers that may be of interest to you.
Do Not Track is a voluntary program among Internet advertisers that is intended to give users the ability to opt-out of behavioral targeting and advertising. There are a few ways in which your computer may transmit a “do not track” signal to certain websites and online services you visit. Simon does not honor Do Not Track settings. We may, however, as described above, use the information we collect to present you with content we believe may be of interest to you. If you do not agree with our policy not to honor Do Not Track, your only remedy is to stop using the Sites.
We may use the location and Wi-Fi information gathered to generate reports, such as foot traffic at our malls, which we may share with retailers and third parties to improve the consumer experience at our malls. We may also use this information to send you news about the mall, such as promotions from mall retailers, and to provide advertisements about goods and services that may be of interest to you.
We employ advertising agencies to engage in advertising on our behalf and on behalf of mall retailers, including contextual advertising and interest-based advertising. Those agencies are instructed to follow industry guidelines with regard to interest-based advertising, such as the Digital Advertising Alliance's principles for online behavioral advertising. Among other things, the ads that are displayed to you should have the AdChoices icon or a similar mechanism which you may click to direct you to a website where you may opt-out of interest-based advertising. If you would like more information about this practice and how to opt-out of receiving communications from these third-party advertising companies, please visit this link.
Simon also participates in a program administered by Evidon Inc. (“Evidon”, with a former D/B/A name of Ghostery, Inc.) that enables users to see if cookies are placed on the Sites by Simon or third party vendors, and a means to opt-out of data collection through those cookies as permitted by the vendor. You may access Evidon’s program for the Sites here for Simon Malls and Simon Mills locations and here for Simon Premium Outlets locations. Simon offers this as a benefit to users and believes the information and program provided by Evidon is accurate, but Simon does not assume any responsibility or liability for Evidon’s program. You may learn more about Evidon here.
Retention of Information
Any information we collect may be retained for an indeterminate period of time.
Confidentiality and Security
Simon is committed to protecting the security of the information collected from users of the Platform and has implemented generally accepted standards of technology security in order to protect information from loss, misuse and unauthorized access, disclosure, alteration or destruction. It is not possible, however, to guarantee the security or integrity of such information, particularly when transmitted through the Internet. Simon may use a third party service provider or providers to process credit card transactions and fulfill online gift card orders, which service provider(s) may share information and credit card numbers with a ticket agent, a credit card processing company, a fraud detection service, an issuing bank, the card network issuer, a shipping/fulfillment company and/or other parties in order to complete an order. Simon does not have control over the information processed by such third parties.
We urge you to take every precaution to protect your PII when you are on the Internet. If a password is used to help protect that information, it is your responsibility to keep your password confidential. If you are sharing a computer with anyone, we suggest you log out before leaving a site or service in order to protect subsequent users from gaining access to your information and decline to have your Internet browser remember your password.
Because no physical or electronic security is impenetrable, by using the Platform or e-mailing information to Simon, you agree to assume all risk in connection with the security and integrity of that information.
Links to Other Sites
Children's Privacy Statement
This section explains our practices with respect to the online collection and use of PII from children under the age of 13, and provides important information regarding their rights under federal law (i.e., COPPA) with respect to such information.
- The Platform is not directed to children under the age of 13 and we do not knowingly collect PII from children under the age of 13 via the Platform, nor do we knowingly distribute such information to third parties.
- We do not knowingly allow children under the age of 13 to publicly post or otherwise distribute PII through the Platform.
- In many areas of the Platform, we attempt to screen users who wish to provide PII in order to prevent users under the age of 18 from providing such information, by having them confirm that they are at least 18 years of age or older. If we become aware that we have inadvertently received PII from a user under the age of 18, we will take the appropriate steps to inactivate and/or delete such information from our records.
All versions of the Policy are dated with the effective date of that version of the Policy (i.e., the date on which the applicable version of the Policy was posted to the Platform). Simon’s use of information it learns about you will be governed by the most recent Policy in effect. Your use of the Platform signifies your assent to the most recent Policy in effect.
Disclosures to Third Party Providers
Simon may share with its contractors, consultants, vendors, service providers or business partners PII for the purpose of operating the Platform or providing you with a feature or service via the Platform (including providers to process credit card transactions as noted above). For example, Simon may engage third parties to host the Platform or to support certain components of the Platform. Those third parties may have access to PII, but only for purposes of providing a contracted service to Simon. Simon may also engage third parties to fulfill your requests, such as to process your request for a gift card. The third party will be provided PII necessary to fulfill that request.
Disclosures Required By Law or to Protect Interests
Disclosures for Corporate Activity
If Simon sells assets (or the assets of a division or subsidiary) to another entity or if Simon is acquired by or merged with another entity, you agree that, without obtaining your consent, Simon may provide and transfer to such entity information about users of the Platform, including, without limitation, PII, that is related to that part of our business that is sold to or merged with the other entity. However, we will take steps to assure that any PII is used in a manner consistent with the Policy under which it was collected.