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Website Terms of Use

Last modified: 19 November 2015

mallofamerica.com

Website Terms of Use

  1. Introduction

Welcome to the Mall of America website.  MOAC Mall Holdings LLC (“MOA”) is pleased to make the website located at mallofamerica.com available for your use and benefit.  These Website Terms of Use (the “Terms of Use”) govern your use of the mallofamerica.com website and other sites on which these Terms of Use are posted (collectively, the “Site”).  By using the Site you agree to be bound by these Terms of Use as set forth below.  Use of the Site is strictly voluntary.  PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE.

  1. Contract between You and MOA

These Terms of Use are a contract between you and MOA and set forth the duties and responsibilities associated with use of the Site.  If you do not agree to these Terms of Use, you must immediately log off the Site and you may not use the Site.  If you breach any portion of these Terms of Use, your authorization to use the Site automatically terminates and you must immediately discontinue use of the Site.

These Terms of Use describe the limited basis on which the Site is available and supersede prior agreements or arrangements on your use of the Site.  Otherwise, these Terms of Use do not alter in any way the terms and conditions of any other agreement you may have with MOA. 

  1. Collection of Visitor Information on this Site

Any information collected at the Site is governed by our Privacy Policy, unless otherwise stated.  To access and use certain services available through the Site, you may be required to register with MOA through a login/registration page and you must agree to be bound by any additional applicable terms and conditions contained there.

  1. Copyright

All content, software, and technology included on the Site or used in the operation of the Site is the owned or licensed property of MOA or its content, software, and technology suppliers, and is protected by U.S. and international copyright laws.  The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of MOA and protected by U.S. and international copyright laws. MOA grants you permission to view and use content, software, and technology made available to you on the Site in connection with your own personal, noncommercial use of the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on the Site is strictly prohibited without written permission from MOA.

  1. Trademarks

The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks”) used and displayed on the Site are registered and unregistered Trademarks of MOA and others.  Nothing on the Site shall be construed as granting any license or right to use any Trademark displayed on the Site without the prior written permission of the Trademark owner.  Other product and company names mentioned in the Site may be the Trademarks of their respective owners.

  1. Other Intellectual Property

All other intellectual property rights related to the content, software, and technology included on the Site or used in the operation of the Site, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of MOA.  Any use of these rights without the prior written permission of MOA is strictly prohibited without written permission from MOA.

You may not: circumvent or disable any content protection system or digital rights management technology used with any portion of the Site; decompile, reverse engineer, disassemble or otherwise reduce any portion of the Site to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any portion of the Site in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands.  You may not access or use any portion of the Site in violation of United States export control and economic sanctions requirements or any other law. 

  1. Accuracy

Information on the Site may contain typographical errors, inaccuracies, or omissions in relation to products, services, pricing, tenants, locations, descriptions, information, and other matters.  MOA reserves the right to correct any errors, inaccuracies, or omissions and to discontinue, change or update information at any time without prior notice. 

  1. Disclaimer of Warranties

THE SITE AND ALL CONTENT, materials, PRODUCTS and services available through THE SITE ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.  MOA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.  MOA MAKES NO REPRESENTATION THAT THE SITE OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.  MOA MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.  NOTHING IN THESE TERMS OF USE OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THE SITE WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THE SITE. 

YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT SUCH USE IS AT YOUR SOLE RISK.

  1. Limitation of Liability

IN NO EVENT SHALL EITHER MOA, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR THE MATERIALS, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

Under no circumstances whatsoever shall MOA’s aggregate liability resulting from or relating to your use of this Site exceed Five Dollars ($5.00).

  1. Prohibited Activities and Visitor Obligations

As a visitor or user of the Site you shall not:

  • Violate any applicable law or regulation;
  • Upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;
  • Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or content that could otherwise be considered to be objectionable;
  • Impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
  • Engage in any activities or manipulate identifying material to misrepresent the origin of content;
  • Post any content that is subject to any disclosure restrictions;
  • Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
  • Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • Use the Site to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or information or content that could otherwise be considered to be objectionable;
  • Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
  • Interfere with or otherwise limit the use of the Site by other users, or collect, compile, or store personal information about other users of the Site;
  • Disrupt or interfere with the operation of the Site by overloading or exceeding the capacity of the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Site or any affiliated or linked sites; 
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Site or any affiliated or linked sites;
  • Use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site or the content contained therein without MOA’s prior, express, and written permission; or
  • Use the Site for commercial purposes.
  1. User Content

You agree that you are solely responsible for the Post of any content that you make available on or send through the Site (“User Content”).  In addition to the rights granted to MOA elsewhere in these Terms of Use, you grant MOA a non-exclusive, sublicensable, irrevocable, perpetual and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Site and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.

Although MOA has no obligation to screen, edit or monitor any of the User Content or user conduct on the Site, MOA reserves the right, and has absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on the Site at any time and for any reason without notice. Your User Content may be available on the Site for a limited period of time, as determined by MOA in its sole discretion.  You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.

By the Post of User Content to the Site, you represent and warrant that: (a) the User Content is non-confidential and is not subject to disclosure restrictions under any applicable data privacy laws or regulations; (b) you have all necessary rights to Post the User Content to the Site and to grant the rights to MOA you grant in these Terms of Use; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use and the Post thereof in connection with the Site, does not and will not violate these Terms of Use or any applicable local, state, national or international statute, regulation, or law.  You agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Content against us or our Affiliates, licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.  As used in these Terms of Use, “Affiliate” shall mean any entity that controls MOA, is controlled by MOA or is under common control with MOA.

  1. Indemnification

You agree to indemnify, defend, and hold MOA and its Affiliates, agents, and its and their successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that MOA incurs or suffers which relate to your use of the Site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.

  1. Links to Other Web Site

The Site may contain links to other websites.  Additionally, other websites may contain links to the Site. MOA does not review or monitor the websites linked to the Site and MOA is not responsible for the content or policies of any other websites.  Any link established by MOA does not constitute an endorsement of the other websites or create a relationship between MOA and the operators of other web sites.  MOA disclaims any liability with respect to your use of any other website, and you release MOA from any liability related to your use of any link to another website or your use of any other website.  Where the Site contains a link to another web site owned and/or operated by MOA, such website use may be subject to different and additional terms of use and privacy policy terms and conditions. 

  1. Changes to Terms of Use

MOA may revise these Terms of Use at any time without notice.  Any use of the Site following the date on which changes to these Terms of Use or the Privacy Policy are published on the Site shall constitute your acceptance of all such changes. You expressly agree that MOA shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.

  1. Continued Operation, Accessibility, and Maintenance of this Site

MOA may modify, change, suspend, terminate or discontinue the operation of the Site or the provision of any services without notice and MOA reserves the right to refuse service to anyone at any time, with or without cause.

  1. Third Party Providers of Functionality on the Site

MOA may have functionality on this Site that is provided, in whole or in part, by a third party service provider.  You can usually identify such third party functionality by the use of a trademark not owned by MOA on or near the functionality.  For such third party functionality, you will need to review the terms of use and privacy policy for that third party, which in some cases may require you to visit that party’s web site and locate the terms of use and privacy policy.  Your review should include determining whether such terms and policy are acceptable to you.  If they are not, do not use the associated functionality on our Site.

  1. Web Chat

MOA may provide functionality on the Site that allows you to chat with MOA representatives via our Site (“Web Chat”).  The Web Chat functionality may be provided, in whole or in part, by a third party service provider.  Your Web Chat with MOA shall not in any respect whatsoever modify any warranties, disclaimers, limitations, or obligations of MOA.  You agree that you are solely responsible for your use of Web Chat, and that you use Web Chat at your own risk.

  1. Your Account

If you are a registered user of the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.  You agree to accept responsibility for all activities that occur under your account or password, including taking reasonable steps to maintain the confidentiality of your username and password.  You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or any portion of the Site.  MOA reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content.

  1. Payment

You authorize MOA and any payment processing service provider it may engage to charge your credit card, or to debit or process payment through any other offered means, for any products or services you purchase through your use of the Site. You represent and warrant that you are the only one who will make payments in connection with the Site, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name.  Unless otherwise specified, any amounts paid to MOA are nonrefundable.

  1. General Provisions

English has been used in the preparation of these Terms of Use, and English shall be the controlling language with respect to these Terms of Use and their interpretation. 

Any failure by MOA to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same.

These Terms of Use shall be governed by the laws of the State of Minnesota USA without giving effect to any principles or conflicts of laws.  For the purpose of resolving conflicts relating to or arising out of these Terms of Use, or arising out of any other dispute or claim associated with MOA, you irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the State of Minnesota (the “Minnesota Courts”) for any litigation or dispute arising out of or relating to these Terms of Use; (ii) agree not to commence any litigation arising out of or relating to these Terms of Use except in the Minnesota Courts; (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; and (iv) agree the Minnesota courts represent the exclusive jurisdiction for all disputes relating to these Terms of Use.

If any portion of these Terms of Use is held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use.

Use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above.  Use of the Site is unauthorized in any jurisdiction where all or any portion of the Site may violate any legal requirements and you agree not to access the Site in any such jurisdiction.

You are responsible for compliance with applicable laws.

  1. Submissions

Any and all questions, comments, ideas, suggestions, and other materials or information that you send or submit to MOA or a third party provider on the Site, by a Post or otherwise (collectively, “Submissions”), shall become MOA’s property; and you hereby transfer, sell, and assign to MOA all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights.  To the extent the preceding assignment and transfer is ineffective, you hereby grant MOA an ‎exclusive, irrevocable, fully-paid and royalty-free, perpetual, and fully sublicensable and transferable right ‎to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly ‎display and publicly perform such Submission throughout the universe in any media, now known or ‎hereafter devised. ‎You agree that all Submissions, whether or not solicited by us, are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.  MOA shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.

  1. Contact

For questions or comments related to the Site or these Terms of Use, please email us at privacy@mallofamerica.com.

4826-0809-8602, v.  5

Mall of America Privacy Policy

Last Modified: 19 November 2015

Mall of America Privacy Policy

MOAC Mall Holdings LLC  (“MOA”), including any entity that controls MOA, is controlled by MOA or is under common control with MOA (each an “Affiliate”) are committed to protecting your privacy and demonstrating care and respect with regard to our treatment of any ‎Personal Information that we may obtain from you.  This privacy policy (the “Privacy Policy”) is designed to provide transparency into our privacy practices and principles, in a format that our guests can navigate, read and understand. We are dedicated to treating your Personal Information with care and respect.

BY SUBMITTING YOUR PERSONAL INFORMATION TO US, YOU ARE CONSENTING TO THE PROCESSING OF YOUR PERSONAL INFORMATION IN THE UNITED STATES OR IN ANY OTHER COUNTRY IN THE WORLD AND TO OUR USE OF YOUR PERSONAL INFORMATION AS SET FORTH IN THIS PRIVACY POLICY. IF YOU ARE SUBMITTING PERSONAL INFORMATION OF THIRD PARTIES TO US, YOU WARRANT AND REPRESENT YOU HAVE THEIR CONSENT TO PROVIDE THEIR PERSONAL INFORMATION TO US AND WILL HOLD US HARMLESS FROM AND AGAINST CLAIMS BY SUCH INDIVIDUALS RELATING TO OUR PROCESSING AND USE OF SUCH PERSONAL INFORMATION WITHIN THE TERMS OF THIS PRIVACY POLICY.

This Privacy Policy describes the treatment of information provided to or collected on the mallofamerica.com website, other websites where this Privacy Policy (or the Children's Online Privacy Policy) is posted, or in instances as otherwise indicated by MOA (each a “Site”).  It also explains the treatment of information provided or collected on software applications (each an “App”) we make available on third-party sites or platforms if disclosed to you in connection with use of the application.

When you use or access the Site or Apps, or use a service provided by MOA incorporating this Privacy Policy, you agree to the terms of this Privacy Policy.  Your visit to the Site and any dispute over privacy is subject to the Terms of Use, including limitations on damages and application of the law of the State of Minnesota. 

Use of the Site and Apps is strictly voluntary.  You may not use the Site or Apps if you do not agree to the Privacy Policy.  This Privacy Policy contains the following sections:

  1. Definitions
  2. Types of Information MOA Collects
  3. Children’s Online Privacy Protection
  4. How MOA Uses Your Information
  5. Use of Your Information by MOA
  6. Online Tracking and Advertising
  7. Sharing Your Information with Other Companies
  8. Other Sites and Functionalities
  9. Your Controls and Choices
  10. Data Security
  11. Changes to Privacy Policy
  12. Comments / Questions

 

  1. Definitions

For purposes of this Privacy Policy:

  • Aggregate Information” means information about groups or categories of data, which does not identify and cannot reasonably be used to identify an individual.
  • Anonymous Information” means information that does not directly or indirectly identify, and cannot reasonably be used to identify, an individual.
  • Cookies” means anonymous, unique identifiers that a website places on the hard drive of your computer or mobile device when you visit the website.  Cookies may involve the transmission of information from us to you and from you directly to us, to another party on our behalf, or to another party in accordance with its privacy policy.
  • Flash Cookies” means local shared objects that are used to store personalized information based on visits to websites.
  • Personal Information” means information that identifies (whether directly or indirectly) a particular individual, such as the individual’s name, postal address, email address or telephone number. When Anonymous Information is directly or indirectly associated with Personal Information, this Anonymous Information also is treated as Personal Information.
  • Location” means the premises of Mall of America.
  • Web Beacons” means small pieces of data that are embedded in images on the pages of Sites. Web beacons may involve the transmission of information directly to us, to another party on our behalf, or to another party in accordance with its privacy policy.
  1. Types of Information MOA Collects

We collect two basic types of information – Personal Information and Anonymous Information – and we may use personal and anonymous information to create a third type of information, Aggregate Information.

Personal Information. There are several places where MOA gives you an opportunity to provide MOA your Personal Information. MOA may ask you to provide Personal Information when you engage in certain activities on a Site or App, such as: utilizing the MOA WiFi services; signing up to receive emails; participating in social media activities involving third-party providers such as Facebook, Twitter, YouTube, Instagram, Snapchat, Pinterest, Swarm, or Yelp, whether at this Site, Mall of America-related websites, or the social media websites; filling out a survey; sending feedback; downloading, installing or using an App; or registering for sweepstakes or contests.

If you choose to share any Personal Information with MOA, you will see that the amount and type of Personal Information MOA requests depends on how you use the corresponding Site. It is completely optional for you to engage in these activities. Depending upon the activity, the information MOA asks you to provide will be identified as mandatory or voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.

While you can generally browse a Site without informing MOA about who you are or revealing Personal Information about yourself, MOA is, however, able to determine your IP address, which will reveal your location to MOA.  MOA may use your IP address, together with other Personal Information that you may provide to us, such as your email address, to communicate with you directly about products and services that MOA believes may be of interest based on your activity on a Site.

Anonymous Information.  In general, you can browse the Site without telling MOA who you are or revealing any Personal Information about yourself.  MOA, however, collects your computer’s and/or mobile device’s IP address, which you necessarily disclose when you visit a Site or download or use an App so that data (such as the web pages you request) can be sent to your computer or mobile device.  The Sites and/or Apps may utilize Cookies.  MOA may use Cookie data to recognize you when you visit a Site or use an App in the future, to troubleshoot how a Site or an App operates, and for internal analysis of how people use a Site or an App.  Should you decide not to accept Cookies from a Site or an App, you will limit the functionality MOA can provide you. 

Aggregate Information. We may occasionally use Google Analytics and/or other third-party data analytics tools to (i) monitor traffic on our Sites or Apps, (ii) use of Mall of America’s WiFi service, and (iii) use of Mall of America App and other software applications. Such tools help us to provide the kind of ‎user-friendly, up-to-date information that online users expect to find. Personal Information is not monitored or collected through this process.

Participation in Activities.  When you engage in certain activities on a Site or an App, such as by registering or logging in as a user of an App or sending MOA a message using a Site, MOA may ask you to provide Personal Information and other information.  In order to engage in such activities, you will be required to provide information that allows MOA know the specifics of who you are or where you are, and may include, without limitation, your name, email address, and whether you are a guest at the Location.  If you choose to share any Personal Information with MOA, you will see that the amount and type of Personal Information MOA requests depends on how you use a Site or an App.  It is optional for you to engage in these activities.  Depending upon the activity, some of the information MOA asks you to provide is identified as mandatory and some is voluntary.  If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.

Examples. Examples of the type of information MOA and Provider may collect and store include are: first and last name; age and birthday; gender; mailing and email addresses, including zip code; and telephone number(s); device profile created and modified dates, shared device ‎preferences, lists of social networks associated with a user, Facebook ID, Google Plus ID, ‎Twitter Profile URL, LinkedIn Plus ID, Cookies, native device and applications unique ‎identifiers (UIDs), custom identifiers, and application identifiers.‎ 

  1. Children’s Online Privacy Protection

We recognize the need to provide further privacy protections with respect to Personal Information we may collect from children under 13 years of age (“Children”) on Sites and Apps and in certain other instances. Some of the features on Sites and Apps are age-gated, which means that access and/or use by children is restricted or prohibited.  We do not knowingly collect Personal Information from children under the age of 13 in connection with those features.  Of course, MOA cannot prevent certain users, including children, from fraudulently representing their age in order to gain access to the Site or an App.

In the event MOA knowingly collects Personal Information from Children, MOA will take additional steps to protect Children’s privacy, including:

  • Notifying parents about our information practices with regard to Children, including the types of Personal Information we may collect from Children, the uses to which we may put that information, and whether and with whom we may share that information;
  • In accordance with applicable law, obtaining consent from parents for the collection of Personal Information from their children, or for sending information about our products and services directly to their Children;
  • Limiting our collection of Personal Information from Children to no more than is reasonably necessary to participate in an online activity; and
  • Giving parents access or the ability to request access to Personal Information we have collected from their Children and the ability to request that the Personal Information be changed or deleted

For additional information about our practices regarding children’s Personal Information, please read our Children's Privacy Policy.

  1. How MOA Collects Your Information

MOA may use your IP address to, among other things: (a) help diagnose problems with Sites or ‎Apps, administer and improve Sites or Apps, and measure the use of Sites or Apps; (b) identify the ‎type of web browsers used, the pages viewed, the web sites from which a visitor found Sites or ‎Apps, and the search terms and search engines used to find the Site or Apps; and (c) gather other ‎web analytics information relating to visitors’ uses and navigations of Sites or Apps.  This ‎information does not identify you personally. On occasion MOA may aggregate this data with data ‎from other users to track overall visitor traffic patterns and provide this Aggregate Information to ‎vendors, business partners, or other parties to demonstrate the amount of interest in Sites and Apps,  help MOA plan for technical infrastructure requirements, and for other reasons.‎

  1. Use of Your Information by MOA

MOA may use your information, including Personal Information, for particular activities, including, without limitation, verifying your identity, customer service, customer relationship management (CRM), marketing and research, providing promotional and other information to you (such as through email marketing), responding to your request; sending you text messages, push notifications, and other notifications through the ‎App and/or your mobile device; ‎and to contact you regarding administrative notices.  MOA may share this information with its Affiliates or business partners in connection with any of the foregoing activities.  Each of these parties’ privacy policies will govern how they use your Personal Information. While we try to be selective in working with third parties, we are not responsible for their use of your Personal Information.

If payments are involved, we must release your credit card information to credit card ‎authorization service providers and associated banks to process your payment for purchases, returns ‎or refunds.‎

From time to time, MOA may provide you the opportunity to participate in contests, sweepstakes, or surveys on our Sites or Apps. ‎If you participate, we will request certain Personal Information from you. Participation in these ‎surveys, sweepstakes or contests is completely voluntary and you therefore have a choice whether or not to disclose this ‎information. The requested information may include name, address, date of birth and email address.  We may share in this information with our service provider or co-sponsors for the contest, sweepstakes, or survey.

  1. Online Tracking and Advertising

We, and certain service providers operating on our behalf, collect information about your activity on our Sites and Apps using tracking technologies such as Cookies, Flash Cookies and Web Beacons. We may also use cookies, pixel tags, action tags and similar tags to collect information. Cookies and tags allow us to compile statistics and other information about how you use our site. We may use this data for a variety of purposes, such as to:

  • Analyze trends and improve the usability of Sites and Apps;
  • Administer the site and gather broad demographic statistics;
  • Share such non-personally identifiable information with third parties on an aggregate basis;
  • Provide useful features to simplify your experience when you return to our Sites and Apps;
  • Deliver relevant content based on your preferences, usage patterns and location;
  • Monitor and evaluate the use and operation of our Sites and Apps; and
  • Analyze traffic on our Sites and on the sites of third parties.

If you have a registration or other type of account with MOA, we may associate this tracking data with your account, in which case we will treat it as Personal Information.  Specifically:

  • We may use Cookies to bring together information we collect about you.
  • We, our advertisers and third-party service providers, may use Flash Cookies to collect and store to store your preferences or display content based upon Sites that you view and to personalize your visit.
  • We may use Web Beacons to bring together information we collect about you.

Service providers that collect tracking data on our behalf may provide an opportunity for you to choose not to be tracked online.

In addition, we may use third-party service providers to serve ads on our behalf across the Internet. They may collect anonymous information about your visits to our Site, and your interaction with our products and services. They may use cookies and other online tools such as pixel tags, action tags and similar tags to serve ads and personalize your Web shopping experience based on your prior visits to our Site. They may also use information about your visits to our Site and other Sites to target advertisements for products and services. This anonymous information is collected through the use of a cookie. No personally identifiable information is collected or used in this process. These third-party service providers do not know your name, phone number, address, e-mail address, or any other personally identifying information about you. If you would like more information about this practice and to opt out of having this anonymous information used by our third party service providers, visit the Network Advertising Initiative's consumer opt-out page by clicking here.

  1. Sharing Your Information with Other Companies

MOA retains the right to share (including by selling) Anonymous Information and Aggregate Information with third parties for any reason.  We will generally not share your Personal Information outside of MOA or MOA Affiliates except in limited circumstances, including:

  • MOA may share or otherwise disclose your Personal Information with third-parties service providers contracted by MOA to assist with internal MOA marketing efforts. Please note that once we share your Personal Information with another company, the information received by the other company becomes subject to the other company’s privacy practices.
  • MOA may use and share Aggregate Information with vendors, potential advertisers, business partners, or other third parties.
  • MOA may disclose Personal Information in any of the following circumstances: (a) in response to a subpoena, search warrant, court order, or other legal process or request, or as may otherwise be required by applicable law or regulation; (b) to protect and defend MOA’s rights or property or those of its Affiliates or business partners, or others; or (c) as MOA, in its sole discretion, believes is appropriate under exigent circumstances in response to a perceived threat to the personal safety, property, or rights of any person or organization.
  • Since MOA’s database is a business asset, in the event MOA is reorganized or becomes part of another organization, you consent to the sale, assignment, or transfer of your Personal Information to a successor that acquires substantially all of the business assets of MOA, or to an MOA Affiliate, as applicable.
  1. Other Sites

A Site or App may contain links to other websites. Additionally, other web sites may contain links to a Site. We do not review or monitor the websites linked to a Site and are not responsible for the contents or privacy policies related to any other websites. If you visit one of these other websites, you may want to review the privacy policy on that website. Where a Site or App contains a link to another website owned and/or operated by us, such website use may be subject to different and additional terms of service and privacy policy terms and conditions.

We may have functionality on our Site that is provided, in whole or in part, by a third party service provider. You can usually identify such third party functionality by the use of a trademark not owned by MOA on or near the functionality. In that case, when you use the functionality, you become subject to the terms of use and privacy policy of this third party in addition to the Privacy Policy and Terms of Use of our Site. In some cases, you may need to visit that party’s website and locate the terms of use and privacy policy. For example, we may use a third party to provide you with the opportunity to chat with MOA representatives.

  1. Your Controls and Choices

We provide you the ability to exercise certain controls and choices regarding our collection, use and sharing of your information. Your controls and choices may include:

  • You may correct, update and delete your registration account by contacting us at privacy@mallofamerica.com.
  • You may change your choices for subscriptions, emails and alerts through tools available in the communication we provide to you.
  • You may unsubscribe from receiving offers and promotions for our products and services, or products and services that we think may be of interest to you.

You may exercise your controls and choices, or request access to your Personal Information, by visiting MOA’s subscription and account management center, contacting privacy@mallofamerica.com, or following instructions provided in communications sent to you. Please be aware that, if you do not allow us to collect Personal Information from you, we may not be able to deliver certain products and services to you, and some of our services may not be able to take account of your interests and preferences. If you have questions regarding the specific Personal Information about you that we process or retain, please contact privacy@mallofamerica.com.

  1. Data Security

The security, integrity and confidentiality of your information are extremely important to us.  We have implemented what we believe to be reasonable precautions and safeguards to protect the security of data and information.  However, MOA cannot guarantee against any loss, misuse, unauthorized disclosure, alteration or destruction of data or Personal Information. While MOA strives to protect your Personal Information, MOA cannot guarantee the security of any information you transmit to or from a Site or an App, by email or otherwise, and you provide such information at your own risk.

You acknowledge that: (a) there are security and privacy limitations in computer systems and on the Internet which are beyond the control of MOA; (b) the security, integrity, and privacy of any and all information and data exchanged between you and MOA through Site or Apps, including Personal Information, cannot be guaranteed; and (c) any such information and data may be viewed or tampered with by a third party while such information or data is being used, transmitted, processed, or stored.

  1. Changes to Privacy Policy

From time to time, we may change this Privacy Policy, in whole or in part, without notice to you.  You expressly waive any right to receive notice of any changes to this Privacy Policy.  We will obtain your consent where required by applicable law.   MOA encourages you to review this Privacy Policy regularly in your use of a Site or an App to ensure that you are aware of current practices.  Any use of a Site or an App following the date on which MOA implements changes to this Privacy Policy shall constitute your acceptance of all such changes.

  1. Comments and Questions

Please contact privacy@mallofamerica.com if you have a comment or question about this Privacy Policy. 

Notice to California Residents: If you are a California resident, you may have certain additional rights. California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your Personal Information by certain subsidiaries or affiliated entities to third parties for the third parties’ direct marketing purposes. California Business and Professions Code Section 22581 permits registered users who are minors to request and obtain deletion of certain posted content. Visit our Your California Privacy Rights page for more information.

If you have questions or comments about this Privacy Policy, please email us at privacy@mallofamerica.com.

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