Simon Rewards Program Privacy Policy

Lasted updated June 3, 2014
Simon Rewards Website, Kiosk and App Privacy Policy

This Privacy Policy describes our treatment of your personally identifiable information when registering for Simon Rewards (“Personal Information”) and other data that we collect from you when you are using or accessing simonrewards.com, a Simon Rewards kiosk or app (“Website, Kiosk or App”). Please read this Privacy policy carefully. By using the Website, Kiosk or App and entering any Personal Information you agree that your information may be used and disclosed as described below and any dispute over Simon’s Website, Kiosk or App privacy practices, is governed by this Privacy Policy and our Terms of Use.

This Privacy Policy sets out the privacy practices of the Simon Property Group, L.P. (“Simon”) in offering the Simon Rewards program by Website, Kiosk or App. Specifically, it outlines the types of information that Simon gathers about you while you are using the Simon Rewards Website, Kiosk or App, and the ways in which Simon uses and shares this information. This Privacy 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 Website, Kiosk or App and the words “we” and “our” means Simon.

Because the web is an evolving medium, Simon may need to change the Privacy Policy from time to time, in which case we will post the revised Privacy Policy on the Website, Kiosk or App and update the “Last Updated” date to reflect the date of the changes. By continuing to use the Website, Kiosk or App after we post any such changes, you accept the Terms of Use & Privacy Policy as modified. If you do not agree to such changes, you should discontinue using the Website, Kiosk or App.

SPECIAL NOTE TO PARENTS:

We take the privacy of children seriously. The Website, Kiosk or App are not directed at children, we do not knowingly collect personal information from children under the age of 13 through the Website, Kiosk or App and we request that children under the age of 13 not submit any personal information through the Website, Kiosk or App. Notwithstanding the foregoing, parents and guardians are solely responsible for use of the Website, Kiosk or App by children under the age of eighteen (or the age of majority in the state in which such children reside). Minors should not use the Website, Kiosk or App without actual parental supervision.

WHAT TYPES OF PERSONAL INFORMATION DO WE GATHER?

We do not collect any personally identifiable information about you (such as your name, address, mobile phone number or email address) unless you provide it.

All information that you provide when you register and/or use the Website, Kiosk or App is subject to collection and storage by Simon and its “Program Administrator,” Compco Amercias, LLC. Such information may include, but is not limited to, your name, birth date, email and physical address, mobile phone number, credit card information, and preferences. Some features of the Website, Kiosk or App may not be available unless you register.

Some optional features within the Website, Kiosk or App require you to securely log into third party social networking platforms such as Facebook®, Twitter® and Foursquare® and we may retrieve and access personal data from you such as your Facebook® friends’ activities and Foursquare® friends’ check-ins.

We may also automatically collect information regarding your interaction with, and use of, the Website, Kiosk or App such as the type of mobile device you use; that mobile device’s unique device ID; the IP address of your mobile device; your mobile operating system (OS) (including the version number); the version number of the Website, Kiosk or App; your cellular carrier’s name; the type and version of the mobile Internet browsers you use; and information about the way you use the Website, Kiosk or App. We may use a variety of methods to collect this information, including, but not limited to, cookies, pixel tags, Web beacons, embedded Web links and other commonly used information gathering tools (“Automatic Data Collection Tools”).

You must provide personally identifiable information in order to use, or participate in, certain optional features, including, but not limited to, Simon Giftcard® purchases, retailer gift card purchases, gift card registrations, gift card balance checks, finding a nearby mall with the use of your latitude/longitude geo-coordinates that your mobile device or browser provides, using the free in-mall Wi-Fi network, e-mail alerts (aka the Mall Insider® program), mobile SMS alerts (aka the Mobile Shopper Club®), coupons, instant wins and sweepstakes. The manner in which we will use this information, if any, will be disclosed on the page through which you sign up for, or otherwise provide information to use, or participate in, the applicable feature. For the avoidance of doubt, we will not share or use your mobile number for any other purpose than to send you mobile SMS alerts, in accordance with carrier and Mobile Marketing Association (MMA) guidelines.

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 such information is untrue, inaccurate or incomplete, we may prohibit you from further participation in the applicable program and pursue any appropriate legal remedies.

Except as expressly set out in this Privacy Policy, or as disclosed when you sign up for, or otherwise provide information to use, or participate in, an optional feature, we will not disclose any personally identifiable information to a third party without your express prior authorization, nor will we use that information for any purpose other than to provide the applicable feature. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property.

Geolocation Information. The Website, Kiosk or App may collect precise information about the location of your mobile device if you allow the Website, Kiosk or App to use your location.

Keeping Your Account Information Private

You are solely responsible for maintaining the confidentiality and security of your account and password and for all activities that occur on or through your account, and you agree to immediately notify us of any security breach of your account.

User-Initiated Sharing

You may, in your sole discretion, share your preferences and purchases with others through third party platforms such as Facebook® and Twitter®. Your activity published on those platforms is at your sole discretion and risk and will be governed by the terms and privacy policies in effect for such third party platforms.

HOW DO WE USE PERSONAL INFORMATION?

Simon and Program Administrator may collect and use Personal Information collected through the Website, Kiosk or App, to do the following:

Assist with your Account

  • Activate your account
  • Respond to your questions and instructions
  • Contact you in the event you win a contest or sweepstakes
  • Investigate or take action regarding violations or suspected violations of law or these Terms
  • Maintain the integrity of our network and address security issues

Enhance, Operate, Improve and Analyze

  • Enhance, customize, and personalize your experiences and communications
  • Operate, provide, improve and maintain the Website, Kiosk or App, including analyzing user behavior and trends
  • Send you administrative messages and other information about us and our offerings
  • Communicate with you about our product(s), account information or customer service

Marketing and Promotion

  • Communicate with you about products, services and events, and for other promotional purposes
  • Administer contests, promotions, events, surveys or other features
  • Display relevant marketing to you

WITH WHOM DO WE SHARE PERSONAL INFORMATION?

Personal Information about our customers is an important part of our business and we are not in the business of selling it to others. We share Personal Information only as described herein.

Simon and the Program Administrator employ other companies (including our affiliates) and individuals to perform functions on our behalf. We work with support companies who assist with the administration of the Website, Kiosk or App, including, but not limited to, hosting the Website, Kiosk or App on their servers, and assisting with your questions and technical issues. Our service companies are contractually required to use any data they can access only for the above purposes and to not disclose such data to third parties.

We may work with analytics companies to help us understand how the Website, Kiosk or App is being used. We also may work with advertisers and third party advertising networks, who need to know how you interact with advertising provided in the Website, Kiosk or App. In order to help analyze and serve anonymous targeted advertising on the Website, Kiosk or App and elsewhere, advertisers and advertising networks use some of the information collected by the Website, Kiosk or App, including the unique identification ID of your mobile device, and may obtain anonymous information about other applications you’ve downloaded to your mobile device, the mobile websites you visit and non-precise location information (e.g., your zip code).

International and California Users

Our digital operations are conducted, in whole or in part, in the United States. Regardless of where you live, you consent to have your personal data transferred, processed and stored in the United States, and allow us to use and collect your personal information in accordance with this Privacy Policy.

International Users: If you access the Website, Kiosk or App outside the United States, your connection may be through and to servers located in your country or the United States. Any Personal Information you provide may be processed and maintained in the United States on servers and/or other network systems operated by or for our benefit. IF THE JURISDICTION IN WHICH YOU ARE LOCATED OR YOUR COUNTRY OF ORIGIN HAS LAWS OR REGULATIONS WHICH REQUIRE THAT YOUR PERSONAL INFORMATION BE RECEIVED, USED, SAVED, TRANSFERRED AND/OR OTHERWISE HANDLED IN A MANNER DIFFERENT THAN AS STATED IN THESE THIS PRIVACY POLICY, THEN YOU ARE NOT AUTHORIZED TO UTILIZE THE WEBSITE, KIOSK OR APP. If you access the Website, Kiosk or App from and/or reside outside of the United States, your information may be stored, transmitted and shared in accordance with U.S. data privacy laws which may not be equivalent to those in effect in your country. YOU EXPRESSLY AGREE THAT YOU WILL NOT USE THE WEBSITE, KIOSK OR APP WITH ANY EXPECTATION OF GREATER PRIVACY RIGHTS THAN THOSE TO WHICH YOU HAVE EXPRESSLY AGREED AS STATED IN THIS PRIVACY POLICY.

Collection and Use of Personally Identifiable Information

Except as expressly set out in this Privacy Policy, or as disclosed when you sign up for, or otherwise provide information to use, or participate in, an optional feature on the Website, Kiosk or App, we will not disclose any personally identifiable information to a third party without your express prior authorization, nor will we use that information for any purpose other than to provide the applicable feature. However, we reserve the right at all times to disclose any Personal Information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property.

Collection and Use of Non-Personally Identifiable Information

In some cases, when you visit the Website, Kiosk or App, we and/or specific third parties authorized by Simon may collect and store non-personally identifiable (anonymous or “non-PII”) information about you which is generated automatically through your use of the Website, 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 MAC address (a unique number that is assigned to your network card by the manufacture), your browser type or your operating system and a randomly assigned, unique user identification number (UID). This information, by itself, cannot be used to identify you.

We use this information to create “aggregate 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-personally identifiable information to enable Simon or a third party to provide you with information about products and services while you are using the Website, Kiosk or App.

Additionally, we may occasionally use third-party advertising companies and advertising networks to serve ads to you on our behalf when you visit the Website, Kiosk or App. These companies may use non-personally identifiable information about your visits to a Website, Kiosk or App and other web sites in order to provide advertisements about goods and services that may be of interest to you. 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 http://www.networkadvertising.org/choices/

We can and will use IP addresses and/or MAC address to identify a user when we feel it is necessary to enforce compliance with our Terms of Use or to protect the Website, customers, or other individuals. We also reserve the right to use or disclose non-personally identifiable information in any manner we see fit in order to improve the Website.

Use of Browser Based Cookies and Web Beacons

Simon uses browser-based cookies, which are small text files placed on your computer’s hard drive, as well as web beacons (also known as pixel tags), which are electronic images embedded into a web page, on the Website, Kiosk or App.

Cookies and web beacons are used for record keeping, to track your movements when you visit the Website, Kiosk or App and to help Simon and our authorized third party analytics vendors to determine what type of information to present to you. The use of 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 cookies and web beacons do not contain personally identifiable information, and do not damage or alter your system files.

The first time you visit the Website, Kiosk or App, Simon assigns you a unique, anonymous ID, which is stored in the cookie file on your device. Although you can choose not to accept cookies through a setting on most browsers (which can also be set to notify you each time a cookie is set), if you choose to refuse cookies, you may not be able to use all of the features of the Website, Kiosk or App, as applicable.

Links to Other Sites

The Website, Kiosk or App may contain links to third party websites. Please be aware that, Simon is not responsible for the privacy practices of other websites or third party service providers, and does not control, or endorse, the third party website or its privacy policy. This Privacy Policy 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.

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 Website, Kiosk or App and has implemented generally accepted standards of technology security in order to protect information from loss, misuse and unauthorized access, disclosure, alteration or destruction. However, it is not possible to guarantee the security or integrity of information disclosed online because no data transmission over the Internet is completely secure. In addition, Simon may use a third party service provider or providers to process credit card transactions and fulfill online orders, which service provider(s) may share information and credit card number with a ticket agent, a credit card processing company, an issuing bank, the card network issuer and/or a shipping/fulfillment company in order to complete an order.

We urge you to take every precaution to protect your personally identifiable information 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 Website, Kiosk or App or emailing information to Simon, you agree to assume all risk in connection with that information.

Children’s Privacy Statement

This section explains our practices with respect to the online collection and use of personally identifiable information from children under the age of 13, and provides important information regarding their rights under federal law with respect to such information.

  • The Website, Kiosk or App is not directed to children under the age of 13 and we do NOT knowingly collect personally identifiable information from children under the age of 13 as part of the Website, nor do we knowingly distribute such information to third parties.
  • We screen users who wish to provide personally identifiable information in order to prevent users under the age of 13 from providing such information. If we become aware that we have inadvertently received personally identifiable information from a user under the age of 13, we will take the appropriate steps to delete such information from our records.
  • We do NOT knowingly allow children under the age of 13 to publicly post or otherwise distribute personally identifiable information through the Website, Kiosk or App.
  • Because we do not collect any personally identifiable information from children under the age of 13 via the Website, Kiosk or App, we do NOT condition the participation of a child under 13 in the Website, Kiosk or App’s online activities on providing personally identifiable information.

Changes to this Privacy Policy

All versions of the Privacy Policy are dated with the effective date of that version of the Privacy Policy (i.e., the date on which the applicable version of the Privacy Policy was posted to the Website, Kiosk or App). Simon’s use of information it learns about you will be governed by the most recent Privacy Policy in effect.

Disclosure Required By Law

Though we make every effort to preserve user privacy, we may need to disclose information, including, without limitation, personally identifiable information, as required by law, rule or regulation, and/or to comply with a judicial proceeding, court order, request by a governmental or law enforcement authority or other legal process. This disclosure may also include exchanging information with other companies and organizations for fraud protection and credit risk reduction, to report any suspected illegal activity to law enforcement for investigation or prosecution and/or in connection with legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) rights or property of Simon and/or the rights or property of any third party. We reserve the right to release information concerning any user of the Website, Kiosk or App when that user is in violation of our Terms of Use or other published guidelines or partakes (or is reasonably suspected of partaking) in any illegal 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 Website, Kiosk or App, including your personal and non-personal information, that is related to that part of our business that was sold to or merged with the other entity. However, we will take steps to assure that any personally identifiable information is used in a manner consistent with the Privacy Policy under which it was collected.

Contact Us

If you have any questions regarding privacy while using the Website, Kiosk or App, or otherwise need to contact us about anything related to this Privacy Policy, please contact:

Laura Hale, Online Privacy Coordinator

Simon Property Group, Digital Marketing Group – 10th Floor

225 West Washington Street

Indianapolis, IN 46204 USA

privacy@simon.com