Last Updated: June 25, 2020
- What We Collect and How
- How We Use Information
- How We Share Information
- Do Not Sell My Personal Information; Opt-out; Children; State-specific Rights (e.g., California, Nevada, etc.)
- Information Security
- Non-US Residents
- Changes to this Privacy Notice
Purpose and Applicability
The Simon-affiliated entity that operates a Site or App is identified within that Site or App. The words “user,” “you” and “your” mean users of any part of the Platform, and the words “we,” “our”, and “us” mean the Simon-affiliated entity that operates the applicable portion of the Platform.
This Notice explains the information that we gather about you while you use the Platform, the ways in which we use, secure, and share that information, and your rights regarding your personal information. Also, this Notice sets forth state specific rights you may have, including, for example, if you are a California “consumer” as set forth in the California Consumer Privacy Act (“CCPA”). This Notice does not apply to any information you may provide us, or that we may collect by other means not covered in this Notice.
1. What We Collect and How
We collect information through the Platform, including personal information about you. Some information you may enter or provide to us yourself, while other information, like cookie, location, and device data, we gather or derive through various means. We will retain that information for so long as you have an account or we have a legal or business purpose for it, unless otherwise stated herein. Your personal information may be collected, processed, and stored on servers in the United States and in other countries. The following explains what we collect and how we collect it.
1.1 Information You Enter or Provide to Us Directly
You may provide us with information in order to use, or participate in, certain features of the Platform, including, without limitation: registering for an account; for Simon Giftcard®, Simon Rewardcard Visa Prepaid Card or American Express Simon Rewardcard purchases; retailer gift card purchases; gift card registrations; gift card activations; creating a gift card account; gift card balance checks; requesting an eReciept for a gift card purchase, using one of many "Contact Us" forms; applying for a job; registering for or using the Simon retailer showcase program; using the in-Property Simon Wi-Fi network; signing up for Simon press release news alerts; submitting a survey response; requesting support or assistance; signing up and/or using the Simon Family program; leaving a comment within a Simon SAID story; creating a Premium Outlets VIP Shopper Club account; signing up for e-mail newsletters (a/k/a the Simon Mall Insider® program); contacting the Simon Ventures team; signing up for the Simon School Rewards loyalty program, signing up for Simon Muse e-mail newsletters; direct messaging us via Instagram or Twitter; starting a conversation with us on Facebook Messenger; posting to Simon-affiliated social media sites or participating in Simon-sponsored social media contests or sweepstakes; joining or using the Simon Travel Trade community; signing up for mobile SMS alerts (a/k/a the Mobile Shopper Club®); making a donation or applying for a scholarship with the Simon Youth Foundation; RSVP'ing to an event; sharing a picture to be featured within a Simon SAID image gallery; or playing any instant win game or sweepstakes online.
Accounts. If you register for an account at one of the Sites, Apps, or the Simon Wi-Fi Network, you will need to provide certain information, such as your first and last name, password, and e-mail address. You may also have the option to provide additional information for a user profile, such as your photo, demographic information, and birthdate. You may log into your account to access and edit certain information associated with your account, such as your contact information.
Online Purchases. If you make a purchase on the Platform, you will need to provide the following information:
- Financial Information. To pay for your Simon Giftcard® purchase you will either be redirected to the retailer's website where you will pay the retailer directly, or we will collect your credit card number and associated information, which we process in order to fulfill your purchase. In order to provide information for your receipts and past orders and to facilitate future orders you may make, at your request, we may store your credit card information. If you are making a purchase of a Simon Giftcard® or other merchandise from a Simon Guest Services or Property Management Office location in one of our shopping centers and opt to receive an eReceipt, a permanent token of your credit or debit card that is being used to pay for your gift card purchase will be stored in a secure manner.
- Purchase & Shipping Information. We collect the information in your Cart, such as the specific Simon Giftcard® or other type of products that you wish to order and the billing and shipping information for those Giftcards or products, including the recipient's first name, last name, mailing address, e-mail address and telephone number.
- Communications with us. If you provide feedback through a form or contact us via e-mail, we will collect your name and e-mail address, as well as any other content or information you provide.
- Surveys, promotions, etc. We collect information you provide by participating in surveys, sweepstakes, contests, promotions or other solicitations.
- Public postings. We may also collect information you post at other areas of the Platform, such as public areas of the Platform including message boards, blogs, social media sites, and reviews.
- Augmented Reality. You may provide us with information in order to use, or participate in, certain features of the Platform, such as taking a selfie photograph, interacting with an augmented reality (“AR”) application that creates an image of some or all parts of your face, or texting a web link to your mobile phone number in one of our Shopping Properties. Any selfie photograph(s) you take and/or AR images that you create (does not include photograph(s) that are over-written with re-takes) are publicly stored and hosted on a cloud image server indefinitely. We also store privately and securely any mobile phone numbers shared with us in order to maintain a required contact history and opt-in / opt-out status.
- Offline Bulk Gift Card Purchases. If you qualify for buying gift cards in bulk from us in-center, you may need to provide certain information, such as your first and last name, billing address, email address, phone number, date of birth, federal tax ID, a U.S. government or state issued ID (ex. military ID, passport number, state driver’s license or state identification card number) and/or your social security number in order for us to be able to verify and sell you certain denominations of gift cards and/or volume of gift cards. We will then securely store this information as required by law or our financial partners.
1.2 Information We May Gather from You; Cookies, Device, Location, and Other Site Visit Information
Information collected on Mobile Apps. When you access any of the Apps using your mobile device, we collect the unique device ID number of the mobile device; the unique identifier assigned to your mobile device for advertising purposes, such as your Identifier for Advertising (IDFA) on iOS devices or your Google Advertising ID (AAID) on Android devices; your Bluetooth MAC address (a unique number that is assigned to your Bluetooth radio by the manufacturer); as well as information about your mobile device model, operating system and version, and/or mobile communications carrier. When you access any App using your mobile device, we collect the location data (such as your current latitude/longitude coordinates) that is provided by your mobile device (if you enable that feature on your device and choose to share your location with us).
Information collected over Wi-Fi. We use Wi-Fi technologies and, at times, Bluetooth (BLE) Beacons within our Properties that may communicate with your device and identify your device's location, if your device is Bluetooth and/or Wi-Fi enabled and you have these radio(s) on. The information collected includes the following: your device’s MAC Address, your device manufacturer (such as Apple or Samsung), signal strength and, if your device is connected to a Wi-Fi network, the name of the network.
When you are near a Simon Wi-Fi network with a Wi-Fi enabled mobile device, our Wi-Fi access points (i.e., the hardware devices that allow a Wi-Fi enabled mobile device to connect to our Wi-Fi network) may automatically detect the presence of your mobile device and capture its “MAC Address” (meaning the number that your mobile device automatically broadcasts if the Wi-Fi feature is turned on to help it connect to Wi-Fi Access points). We refer to this information as “General Visit Information.” General Visit Information is collected that identifies the location of your mobile device as it moves across different locations within the Properties that use this technology. For clarity, this information is automatically collected if your device’s Wi-Fi is enabled, even if you do not actually “connect” to a Simon Wi-Fi network.
Wi-Fi data collection is done by both Simon directly and via various third-party vendors which have agreed to keep your information confidential and only help us process your data for the purposes stated in this Notice.
Information Collected Off-line for Security Purposes. Simon maintains photographic and video (which may include audio) surveillance as part of the Security System at the Properties for the protection of shoppers, tenants, employees, the Center, and, in each case, their property. Simon may take and store images or video of you, including thermal scans, any merchandise you have with you, and your vehicle (including license plate information) when you visit the Properties or drive through the parking lot at one of the Properties as part of the Security System. Simon may review such images or video taken by the Security System and take appropriate action, including providing copies of any such images or video to governmental authorities, including, without limitation, law enforcement and public health officials, for the personal safety of or to protect or recover the property of our shoppers, tenants, employees, or the Center. Simon may retain any images or video taken by the Security System for a reasonable amount of time to fulfill the purposes stated in this paragraph of the Notice.
2. How We Use Information
We may create de-identified information records and "aggregate data" reports about how users use the Platform, such as the number and frequency of visitors to the Sites or the Apps, which may be derived from technical and/or personal information. This information cannot be readily tied back to you, your account, your web browser, your image, or your mobile device. We may use this de-identified information for business purposes, such as to enhance the content of and improve the Platform, for example by allowing us and third-parties authorized by us to ascertain how often individuals use areas of the Platform so that we may focus on and improve those areas.
We may use technical data we gather to enable us or a third-party to provide you with information about products and services while you are using the Platform.
Location Information. We may use the location and Wi-Fi information gathered to generate reports, which we may share with retailers and other third-parties to improve the consumer experience at our Properties, and in order to provide specific services, such as locating a nearby Property when you make such a request. We may also use this information to send you news about the Center, such as promotions from Property retailers, and to provide advertisements about goods and services that may be of interest to you. Third-parties may process location data as service providers to us, such as to facilitate marketing campaigns or to perform fraud detection and analysis on our behalf. Please see additional information in Section 1.2, above, regarding third party use of information collected in connection with location-based information.
Advertising. We use analytics services, advertising companies, advertising networks, and advertising exchanges to help analyze how users use and navigate the Platform and to engage in advertising on our behalf and on behalf of Property retailers, including contextual advertising, mobile geo-fence based advertising, re-targeting based advertising and interest-based advertising. These companies may use data about your visits to the Platform and other websites or mobile applications in order to provide advertisements outside of the Platform about goods and services that may be of interest to you which are offered by us or by our retailers. Those third-party advertising companies 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. However, those third-party advertising companies maintain their own privacy policies and those companies are responsible for all activities outside of the Platform. 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 .
3. How We Share Information
We share your information with others as follows.
Other Users. If you create an account, information such as your username, photo, birthday, and other information you enter may be displayed to other users of the Platform to facilitate user interaction within the Platform. We will not reveal your contact information to other users without your permission.
Some of your activity on and through the Platform is public by default. This may include, but is not limited to, content you post publicly through message boards, blogs, social media, or reviews on the Platform. If you choose to provide information using certain public features of the Platform, that information may be governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information.
Promotions. If we sponsor surveys, sweepstakes, contests, promotions, or other solicitations for third-parties, we may share the information you provide with those third-parties. We may also share such information with third-parties that provide marketing and advertising on our behalf, as well as with our retailers.
Your Transactions. We may share your information to fulfill the purpose for which you provide it, such as to purchase merchandise or Simon Gift Cards and have it shipped to you, or for any other purpose disclosed by us when you provide the information, or with your consent, or to third-parties designated by you. We may share financial information with our third-party payment processing company, our credit card gateway and fraud detection company, our remote checkout bot company and any applicable retailers.
We use various third-parties that may do one or more of the following activities in regard to credit card transactions: (a) validate, screen for fraud, facilitate, and process credit card transactions, (b) charge and settle credit card transactions, and/or (c) tokenize, vault and store credit card data. We require those third parties to use your information only to process the credit card transactions for us.
To fulfill a Simon Corporate Sales Gift Card purchase, we will share your purchase and shipping information with our third-party e-commerce vendors. Generally, they will use the information for customer service, fulfillment, shipping and returns. We may also share your purchase and contact information with third-parties that provide marketing and advertising services on our behalf.
Social Media. We may share certain data, such as your mobile 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 Property retailers that may be of interest to you.
Location Data. We may share location data collected from your ISP, Sites, and/or the Apps via your mobile device with third parties that provide marketing, advertising, and analytics services on our behalf, as well as for our retailers. Please see additional information in Section 1.2, above, regarding third-parties who may receive location-based information.
Our Affiliates. We may share any and all of your information you have provided or we have collected, purchased, derived or produced with our subsidiaries and entities in which we have an ownership interest or are under common control with us, including but not limited to the Shop PO, LLC, which includes the website ShopPremiumOutlets.com, (please visit this site or any other site of an affiliate of Simon from which you receive a promotion and review their separate privacy policies, which may differ from those policies in this Notice) for purposes of providing you with better service or content, or to communicate with you regarding promotions, upcoming events, and other products and services offered by us and/or those affiliates, including through the use of contextual and interest-based advertising.
Third Parties. We may share your information with third-party service providers that assist us in operating the Platform, for and on our behalf, such as a hosting company or e-mail provider. They are instructed to use the information only to assist us in operating the Platform. We may also share your information with third-party service providers other than for their assistance, such as sharing your feedback with our vendors to improve the Platform. We may also share your information with third-parties that provide marketing and advertising on our behalf, as well as with our retailers.
We may share de-identified data concerning retail consumer behavior with third-parties, including entities with whom we have entered into an agreement to provide such de-identified data for analytics or marketing purposes.
We may also share with our retailers de-identified segment information, which is information that does not identify you personally, but allows the retailers to know more generally the products being purchased through, and the consumers who are using, the Platform.
Corporate Activity. If we sell assets, a subsidiary (or the assets of a division or subsidiary) to another entity or if we are acquired by or merged with another entity, we may share with such entity information about users of the Platform that is related to that part of our business that is sold to or acquired by or merged with the other entity.
Financial Information. We do collect financial information only if you make a Simon Corporate Sales Gift Card purchase. This financial information you provide is securely stored and collected in order to process your order which involves securely providing this payment data to our payment gateway, fraud detection service, and payment processor to verify and conduct the payment transaction. For gift card balance lookups / inquiries, gift card registrations and gift card activations, we do not store the provided financial information beyond the temporal moments required to perform the requested action.
4. Do Not Sell My Personal Information; Opt-out; Children; State Rights
4.1 In General
Children. The Platform is not directed to children under the age of 18. We do not knowingly collect personal information from children under the age of 18, nor do we knowingly distribute such information to third-parties. If we become aware that we received personal information from someone under the age of 18, we will take steps to delete such information from our records. If you believe we have personal information from someone under 18, please contact us at firstname.lastname@example.org.
We use and disclose the information collected as explained in this Notice. How we use and disclose that information may be supplemented in the area where you provide the information.
Terminating Your Account. You may terminate an account you set-up on any of the Sites, the Simon Wi-Fi network, the Apps, etc. by e-mailing email@example.com. If you terminate your account, any association between your account and information we store will no longer be accessible through your account. We may retain the information collected prior to termination for archival and/or legal purposes, except as otherwise set forth in this Notice. Any information you shared in public areas of the Platform will remain in those areas until it is deleted in accordance with our data retention policy.
You may adjust the settings on most devices to allow the Sites or App to gather, or to disable it from gathering, location positioning data. Certain features, such as a Property locator, may not work as effectively if you disable location positioning data.
Do Not Track. Do not track is a voluntary program among Internet advertisers that is intended to give users the ability to opt-out of interest-based 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, and currently no standard has been established. We do not respond to do not track signals, and the settings in your browser will have no effect on the Sites.
Interest-based Advertising Opt-out. Among other things, the ads that are displayed to you may 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.
4.2 State Specific Rights
4.2.1 California Privacy Rights
The following are rights specific to consumers and shoppers who are residents of the State of California only (we may require proof of California residency in advance or in response to a request invoking CCPA rights):
California Privacy Protection Act (CCPA). Consumers (as defined in the CCPA) that use the Platform and who are residents of the state of California have the right to, no more than twice in any 12 month period, for activities on the Platform in the 12 months prior to such consumer’s request:
- Know what personal information is being collected by Simon about them, for what business purpose, and from what types of sources;
- Access the personal information that has been collected by Simon about them;
- Know if this personal information that is being collected by Simon about them is being disclosed to a third-party or sold to a third-party, and if being sold, whom it’s being sold to *;
- Opt-out of the sales of any personal information that is being collected by Simon about them *; and
- Request any personal information about you that has been collected by Simon already be deleted.
* NOTE: Simon does not sell any personal information that it collects. For full details on how we may share information on you, please see our How we share your information section of this Notice.
To request one or more of these CCPA rights regarding the Platform, please do one of the following:
- Send a formal written request to firstname.lastname@example.org with your name, email address, and if applicable, your mobile phone number (if you receive text messages from Simon) and which CCPA right(s) you wish to invoke.
- As an alternate method, you can also contact us via our toll-free phone number at +1 (855) 960-3928 and leave a voice mail with your name, email address, and if applicable, your mobile phone number (if you receive text messages from Simon) and which CCPA right(s) you wish to invoke.
- Mail us a request including a photo or scanned copy of your state ID or driver’s license, your name, email address, and if applicable, your mobile phone number (if you receive text messages from Simon) and which CCPA right(s) you wish to invoke to the following address:
Simon Property Group
C/O Patrick Flanagan - DPO
225 W Washington St
Indianapolis, IN 46204-3435 USA
Shine the Light. California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our shoppers who are California residents to request and obtain from Simon once a year, free of charge, information about the personally identifiable information (if any) we disclosed to third-parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to:
Simon Property Group
Digital Marketing - 10th Floor
Laura Hale - Online Privacy Coordinator
225 West Washington Street
Indianapolis, IN 46204 USA
Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response. Also note that under California law, businesses are only required to respond to a shopper’s request once during any calendar year.
Eraser Law Notice to Minor Users. Registered users of an online service directed towards minors who are under 18 years of age and live in California (“Minor Users”), under California SB 568 (“Eraser Law”), have the right to request removal of content that such Minor Users post on a website (“Minor Posted Content”). As stated above, the Platform is not directed to children under the age of 18, so the Eraser Law may not be applicable to the Platform. Although, the Platform is not directed towards minors, upon receipt of a fully completed removal request form, Simon will use commercially reasonable efforts to remove Minor Posted Content from the portion of the Platform referenced in the request form, as long as your eligibility has been reasonably established. Any such request to remove Minor Posted Content does not ensure complete or comprehensive removal of the Minor Posted Content. Minor Users must complete the removal request form accurately and in its entirety in order for the request to be processed.
4.2.2 Other State Privacy Rights
Nevada Residents. If you are a resident in the state of Nevada, please note that we do not sell your information to third-parties for any monetary compensation. Thus, any request from a resident of Nevada directing us not to sell the information we collect from you is inapplicable, and we will not respond to such requests. If you have any questions about our third-party disclosure practices, please contact us at email@example.com.
5. Information Security
We endeavor to protect the security of the information collected through the Platform and implement generally accepted standards of information technology security designed to protect information from loss, misuse, unauthorized access, disclosure, alteration, or destruction. It is not possible, however, to guarantee the security or integrity of information disclosed online due to, among other things, technological limitations and the fact that no data accessible through or transmitted via the Internet is completely secure. Simon Gift Card orders involve processing of data by third-parties, such as online gift card providers, credit card processing companies, fraud detection service providers, issuing banks, card network issuers, shipping/fulfillment companies, and other parties in order to complete an order. Those parties with which we contract are required to maintain reasonable measures designed to safeguard the security of the data they process; however, we do not otherwise have control over and are not responsible for their handling of such data.
Links to other sites. The Platform may have links to third-party websites, services, and applications, such as websites hosted by third-party retailers (collectively, “Third Party Sites”). When you click on such a link, you will leave the Platform and be directed to the Third Party Site and when you leave the Platform, you and are no longer subject to the terms of this Notice. This Notice does not apply to Third Party Sites, and we do not review or endorse, and are not responsible for, any Third Party Sites, the content therein, or their privacy practices. This Notice also does not extend to anything that is inherent in the operation of the Internet, and therefore beyond Simon's control, and is not to be applied in any manner contrary to applicable law or governmental regulation.
6. Non-U.S. Residents
By accessing the Platform, establishing an account or making a purchase, you consent to the processing of your personal information as provided in this Notice. You may withdraw that consent by contacting us at firstname.lastname@example.org. You are required to provide certain personal information in order to open and maintain an account. Your failure to provide such information may preclude you from establishing an account or may subject your account to termination. An account may be required to make certain types of online purchases, as a guest style checkout option is not always available across all of our Sites and Apps.
If at any point you believe the personal information we process about you is incorrect, you may access your account and modify it there, or otherwise request to see the information and to have it corrected or deleted by contacting us at email@example.com. If you wish to object to or raise a complaint on how we have handled your personal information, you may contact our Data Protection Officer who will investigate the matter. You may also be able to have your personal information transferred by contacting us at firstname.lastname@example.org.
If you are not satisfied with our response or believe we are processing your personal information not in accordance with law, you may complain to the data protection authority in your jurisdiction.
General Data Protection Regulation (GDPR)
If you are a resident of the European Union (EU), believe your information has been stored on the Platform, and wish to exercise one or more of your GDPR rights regarding your personal data on the Platform (which may include Personal Data Access, Rectification, or Erasure), please do one of the following:
- Complete our online GDPR identity verification form directly (you will be required to upload a photo or scan of a valid photo ID (e.g., driving license, national identity card, or passport), which we will only use to verify your eligibility. You must complete this form accurately and completely in order to have your request processed. Once your eligibility is verified, Simon will use commercially reasonable efforts to complete all applicable portions of the request; or
- Mail us a request including a photo or scanned copy of your valid photo ID, your name, email address, and if applicable, your mobile phone number (if you receive text messages from Simon) and which GDPR right(s) you wish to invoke to the following address:
Simon Property Group
C/O Patrick Flanagan - DPO
225 W Washington St
Indianapolis, IN 46204-3435 USA
The data controller for personal information collected pursuant to this Notice for:
- syf.org is Simon Youth Foundation, Inc.
- simonventures.co is Simon Ventures, LLC
- all other Sites and Apps is Simon Property Group, L.P.
Our Data Protection Officer (DPO) is Patrick M. Flanagan and you may contact him at email@example.com.
7. Changes to this Privacy Notice
We may amend this Notice from time to time. All versions of the Notice are dated with the effective date of that version of the Notice (i.e., the date on which the applicable version of the Notice was posted to the Platform). Our use of information we learn about you will be governed by the most recent Notice in effect. Your use of the Platform signifies your acceptance of the most recent Notice in effect.