Last Modified: 29 June 2020
- Types of Information MOA Collects
- Children's Online Privacy Protection
- How MOA Uses Your Information
- Use of Your Information by MOA
- Online Tracking and Advertising
- Sharing Your Information with Other Companies
- Other Sites and Functionalities
- Your Controls and Choices
- Data Security
- Comments and Questions
- “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.
- “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.
Types of Information MOA Collects
We collect two basic types of information – Personal Information and Anonymous Information. 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 an App, such as: utilizing the MOA WiFi services; signing up for the Mall of America newsletter; participating in social media activities involving third-party providers such as Facebook, Twitter, YouTube, Instagram, Snapchat, Pinterest, Swarm, or Yelp, whether at this Site or the social media websites; filling out a survey; sending feedback; downloading, installing or using an App; registering for sweepstakes or contests; or using a cell phone send text messages to or call MOA.
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 still 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 a 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 use Google Analytics, third-party data analytics tools, and/or third party licensors 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 are for MOA’s business purposes and 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 and Aggregate Information does not include (directly or by inference) any information identifying you or any identifiable individual.
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, an application identifiers.
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
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. If you choose to use a mobile device with our Apps, WiFi or other services your location information may be shared. When visiting Mall of America, cameras are used in and around our Location for operational and security purposes. 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.
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) on behalf of MOA, Affiliates of MOA and MOA business partners; responding to your requests; sending you text messages, push notifications, and other notifications through the App and/or your mobile device; contacting you regarding administrative notices; providing you with products and services that you request; communicating with you about your account; detecting, investigating and preventing activities that may violate our policies or be illegal. MOA may share your information with its Affiliates or business partners in connection with any of the foregoing activities. In addition, MOA’s Affiliates may have access to your information to perform services on behalf of MOA or for use on their own behalf, such as in connection with the aforementioned activities. The privacy policies of MOA’s Affiliates and business partners 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.
Online Tracking and Advertising
- 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, 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.
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 or Affiliates to assist with internal MOA marketing efforts for MOA, Affiliates and/or MOA’s business partners. 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.
Your Controls and Choices
If you request to receive information from us, we presume that you have given us permission to communicate with you about that information, either by postal mail, e-mail, text message, social media, telephone or other form of communication. Further, if you choose to use e-mail, text messaging or telephone for communications about MOA, such as a current condition or past experience, we will presume again that you have given us permission to communicate with you about your communication.
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 email@example.com.
- You may change your choices for subscriptions, newsletters and alerts.
- 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 firstname.lastname@example.org, 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 email@example.com.
The security, integrity and confidentiality of your information are extremely important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. We have implemented what we believe to be reasonable precautions and safeguards to protect the security of data and information. For example, we may encrypt information using secure socket layer technology (SSL), whereby your information is converted into tiny bits of encrypted code that cannot be read by others during transmission. Our servers use this SSL technology to protect your information. However, MOA cannot guarantee against any loss, misuse, unauthorized disclosure, alteration or destruction of data or Personal Information, including credit card information that is provided to us. 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.
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 page for more information.
Last modified: 29 June 2020
- Contract between You and MOA
- Collection of Visitor Information on the Sites
All content, software, and technology included on the Sites or used in the operation of the Sites 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 Sites 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 Sites in connection with your own personal, noncommercial use of the Sites. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on the Sites is strictly prohibited without written permission from MOA.
The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks”) used and displayed on the Sites are registered and unregistered Trademarks of MOA and others. Nothing on the Sites shall be construed as granting any license or right to use any Trademark displayed on the Sites without the prior written permission of the owner of the Trademark. Other product and company names mentioned in the Sites may be the Trademarks of their respective owners.
- Other Intellectual Property
All other intellectual property rights related to the content, software, and technology included on the Sites or used in the operation of the Sites, 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 Sites; decompile, reverse engineer, disassemble or otherwise reduce any portion of the Sites to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any portion of the Sites 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 Sites in violation of United States export control and economic sanctions requirements or any other law.
Information on the Sites 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.
- Disclaimer of Warranties
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITES, THAT SUCH USE IS AT YOUR SOLE RISK.
- 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 SITES 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 a Site exceed Five Dollars ($5.00).
- Prohibited Activities and Visitor Obligations
As a visitor or user of a 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 Sites 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 a Site by other users, or collect, compile, or store personal information about other users of a 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 a Site or any affiliated or linked sites;
- Disrupt or interfere with the security of, or otherwise cause harm to, a Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through a 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 a Site or the content contained therein without MOA’s prior, express, and written permission; or
- Use a Site for commercial purposes.
- User Content
Although MOA has no obligation to screen, edit or monitor any of the User Content or user conduct on the Sites, MOA reserves the right, and has absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on the Sites at any time and for any reason without notice. Your User Content may be available on the Sites 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.
- Links to Other Web Sites
- Continued Operation, Accessibility, and Maintenance of the Sites
MOA may modify, change, suspend, terminate or discontinue the operation of the Sites 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.
- Third Party Providers of Functionality on the Sites
- Web Chat
MOA may provide functionality on a 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.
- Your Account
If you are a registered user of a 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.
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 a Sites. 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.
- General Provisions
You are responsible for compliance with applicable laws.
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 a 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.
22. Aggregated Data
The End User grant MOA and its licensor a non-exclusive, perpetual, irrevocable, fully-paid-up, royalty free license to use data derived from the End Users use of the Services (the "Aggregated Data") for MOA’s business purposes and the business purposes of MOA’s licensor. Aggregated Data does not include (directly or by inference) any information identifying the End User or any identifiable individual. The End User further grant MOA and its licensor the right to (i) use the Aggregated Data in any aggregate or statistical products or reports, (ii) disclose Aggregated Data in a summary report that does not show, display or indicate customer specific or customer identifying information, and (iii) use the Aggregated Data (without personally identifiable information) to compare with other organizations within the same industry or group. The Aggregated Data will not be considered the End User’s Confidential Information. "