The types of Personal Information we may collect could include, among other things (collectively, "Personal Information"): (1) contact information (e.g., name, address, phone number, email address); (2) demographic information (e.g., date of birth, gender, marital status); (3) Internet protocol (or IP) address or device ID/UDID; (4) mother's maiden name (parent's name prior to marriage); (5) health information; (6) asset and income information; (7) bank account and credit/debit card numbers; (8) racial or ethnic origin; and (9) your physical location while at one of our properties.
We may collect Personal Information about you from the following sources:
We may sponsor competitions and/or promotions through the Web Properties. Your participation is entirely voluntary. You may be asked to provide personally identifiable information including, but not limited to, your name, email address or home address or to answer questions in order to participate. We may also transfer Personal Information to certain advertising or marketing partners from whom you have requested to receive information.
Browser Log Files: Our servers automatically log each visitor to the Web Properties and collect and record certain information about each visitor. This information includes or may include your Internet Protocol ("IP") address, browser language, browser type, operating system, domain names, browsing history (including time spent at a domain, time and date of your visit), referring/exit web pages and URLs, and number of clicks. The domain name and IP address reveal nothing personal about the user other than the IP address from which the visitor has accessed the Web Properties.
Web Beacons: Some of our web pages and electronic communications may contain images, which may or may not be visible to you, known as Web Beacons (sometimes referred to as "clear gifs"). Web Beacons collect only limited information that includes a cookie number; time and date of a page view; and a description of the page on which the Web Beacon resides. We may also carry Web Beacons placed by third party advertisers. These Web Beacons do not carry any Personal Information and are only used to track usage of the Web Properties and activities associated with the Web Properties. See the Third Party Opt Out section below.
Unique Identifier: We may assign you a unique internal identifier to help keep track of your future visits. We use this information to gather aggregate demographic information about our visitors, and we use it to personalize the information you see on the Web Properties and some of the electronic communications you receive from us. We keep this information for our internal use, and this information is not shared with others.
Third Party Opt Out: Although we do not presently do so, in the future we may allow third-party companies to serve advertisements and/or collect certain anonymous information when you visit the Web Properties. These companies may use non-personally identifiable information (including, but not limited to, click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Web Properties in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party Web Beacon to collect this information, as further described above. Through these technologies, the third party may have access to and use non-personalized information about your online usage activity.
You can opt out of certain online behavioral services through any one of the ways described below (you do not need to go to each opt-out site, one is sufficient). After you opt out, you will continue to receive advertisements, but those advertisements will no longer be as relevant to you.
Note: If you opt out as described above, you should not delete your cookies. If you delete your cookies, you will need to opt out again.
The Personal Information that we collect is used for four main purposes:
We may share non-personally identifiable information (such as anonymous user usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with third parties to demonstrate the usage patterns for advertisements, content, functionality, promotions, competitions, games and/or services on the Web Properties and/or on third party websites.
We also reserve the right to disclose Personal Information and/or non-personally identifiable information in connection with the enforcement of our Terms, to take precautions against liability, to investigate and defend against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Web Properties, and to protect our rights, property, or personal safety and that of our users or others.
We reserve the right to transfer your Personal Information, as well as any other information, in connection with the sale or other disposition of all or part of our business and/or assets. We also cannot make any representations regarding the use or transfer of your Personal Information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors, and you expressly agree and consent to the use and/or transfer of your Personal Information or other information in connection with a sale or transfer of some or all of our assets in any of the above described proceedings. Furthermore, we cannot and will not be responsible for any breach of security by any third parties or for any actions of any third parties that receive any of the information that is disclosed to us.
The Web Properties may also link to other websites and contain advertisements of third parties. We are not and cannot be responsible for the privacy policies of those websites of third parties or for how they treat information (including, but not limited to personally identifiable information) about their users.
For certain features available through the Web Properties, we may require the use of encryption technologies provided for your protection and/or account. We use reasonable precautions to protect the privacy of your username, password and account information.
You, however, are ultimately responsible for protecting your username, password and account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to: (a) immediately notify us of any unauthorized use of your username, password and/or any other breach of security; and (b) ensure that you log out from your account at the end of each session. While we may provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that any information transmitted through the internet is secure, or that such transmissions are free from delay, interruption, interception or error.
For individuals interested in job opportunities with us, the Web Properties currently or may in the future allow prospective employees to request additional job opportunity information. The Web Properties may be used to collect Personal Information from prospective employees for human resources recruitment purposes. By submitting any of the foregoing information, you consent to its dissemination to, and use by, us and our affiliates. The foregoing also applies to job application inquiries that you may transmit to us other than through the Web Properties.
Whether you submit any Personal Information to us is entirely up to you. You are under no obligation to provide Personal Information. However, this information is essential for the provision and quality of some of the services we offer to you (for example, enabling you to receive free Wi-Fi at one of our mall properties, if available) so we cannot provide you with certain services if you choose to withhold requested information.
Please note that opting out of the disclosure and use of your Personal Information as a prospective employee may prevent you from being hired as an employee to the extent you are using this Web Properties to apply for an open position.
If we collect Personal Information from you, such information will not be disclosed or used by us for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization unless you affirmatively consent to such disclosure and use.
You may opt out of online behavioral advertising by following the instructions set forth above under the above section "Additional Ways That Information Is Collected Through the Web Properties," subsection "Third Party Opt Out."
Under California's "Shine the Light" law, California residents who provide certain personally identifiable information in connection with obtaining products or services for personal, family or household use are entitled to request and obtain from us (once a calendar year) information about the customer information we shared (if any) with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2018 will receive information regarding 2017 sharing activities).
To obtain this information, please send an email message to firstname.lastname@example.org with "Request for California Privacy Information" in the subject line and in the body of your message. We will provide the requested information to you at your email address in response.
Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response.
Additionally, because we may collect your Personal Information from time to time, California's Online Privacy Protection Act requires us to disclose how we respond to "do not track" requests and other similar mechanisms. Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices.
If you have additional questions or comments of any kind, or if you see anything on the Web Properties that you think is inappropriate or incorrect, please let us know by email or by sending your comments or requests to:
Pennsylvania Real Estate Investment Trust
200 South Broad Street, 3rd Floor
Philadelphia, PA 19102
Attn: General Counsel
Copyright © 2018. Pennsylvania Real Estate Investment Trust. All Rights Reserved.
Effective as of: November 27, 2013
Last updated: October 27, 2018
1. Agreement to Conduct Transactions Electronically.
You understand and agree that all of your transactions, registration, credit card and gift certificate purchases, etc. with or through the Site may, at our option, be conducted electronically. You further agree that we may determine (from time to time) to provide all or any part of our services non-electronically, and that those services will still be governed by this Agreement unless you enter into a different agreement on a form provided by us. You agree that we may communicate with you through electronic ("email") messages, and if you forget or lose your password, you agree that we may send it to you by email. You are always free to visit one of our Pennsylvania Real Estate Investment Trust mall locations to shop, if you do not wish to have your transactions with or through the Site conducted electronically. If this is the case, you should not enter into this Agreement and you should only access the non-registered, non-transactional areas of the Site.
In order to purchase mall gift certificates on this Site, you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address, credit card information and shipping address. Your ability to purchase gift certificates is subject to limits established by Pennsylvania Real Estate Investment Trust or by your credit card issuer. The bank may bill your credit card at the time gift certificates are ordered, in its discretion. You must pay all amounts accrued in your account, including any shipping and handling charges, when due. Pennsylvania Real Estate Investment Trust may in its sole discretion decline service to or terminate any account. Pennsylvania Real Estate Investment Trust will not be responsible for, nor will they be held liable for any breaches in transaction security by any third party.
This web Site utilizes Secure Sockets Layer (SSL) encryption when ordering mall gift certificates, an advanced encryption technology that protects the information you send us against unauthorized access. This safeguard has helped to make shopping on the Internet significantly safer than using your credit card at a restaurant or department store.
2. License to Use the Site; Restrictions.
We hereby grant you a non-exclusive, personal, non-transferable, revocable license to use the Site in accordance with this Agreement; we reserve the right to suspend or revoke this license in our sole discretion without notice. You may download and print Content, including this Agreement, to your personal computing device solely for your own personal non-commercial use. "Content" means any data accessible on the Site, including without limitation text, images, video, graphics, audio files, software, and any combination thereof. You may not otherwise use, reproduce, alter, or modify Content in any way, nor may you transmit, distribute, or display Content to third parties. User may not alter, modify or change the Licensed Property in any way. We recommend that you download and print this Agreement for your records.
4. Protect Your Password.
You agree that you are responsible for maintaining the confidentiality of the password you choose at the time of registration ("Password"). To the extent permitted by law, you agree to be liable for all use of your Password on the Site, whether or not you actually authorized such use. Accordingly, you should not supply or allow access to your Password to anyone who is not authorized to take actions on your behalf. If you want to change your Password, you may do so at any time by accessing your account and selecting a new Password. It is recommended to change your Password on a regular basis.
6. No Payment for Submission of Comments, Ideas, and Other Information.
7. Links to Third-Party Web Sites.
As a convenience to you, the Site may provide links to other Internet web sites or banner advertisements that are not under our control ("Third-Party Web sites"). The products on such Third Party Web sites are promoted and sold by the relevant third party and not by us. If you click on a link or banner ad for more information about a product offered by one of these Third-Party Web sites, a new browser window will open, and you will be transported to one of these Third-party Web sites and away from this Site. Your visit to these Third-Party Web sites, and any purchases you make from such web sites, are subject to the terms and conditions of such Third-Party Web sites, not the terms and conditions of this Site. Any links on the Site to Third-Party Web sites do not imply an endorsement of such sites by us, and no such Third-Party Web site is authorized to make any representation or warranty on our behalf.
8. NO WARRANTIES; AS IS.
THE SITE, INCLUDING WITHOUT LIMITATION ALL CONTENT AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED TO YOU "AS IS" AND "WITH ALL FAULTS", AND YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND THE PERFORMANCE OF THE SITE. WE HEREBY DISCLAIM AND YOU AGREE TO WAIVE ALL WARRANTIES OF ANY KIND WITH REGARD TO THE SITE OR ANY CONTENT OR SERVICES PROVIDED ON THE SITE, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE, INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE OR AGAINST INFRINGEMENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED ON THE SITE, THE SITE ITSELF, OR OUR EFFORTS, WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. WE DO NOT GIVE ANY WARRANTIES OR UNDERTAKE ANY DUTIES WITH REGARD TO: THE AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME, FUNCTIONALITY, TIMELINES OF SERVICES, ACCURACY OR CURRENCY OF CONTENT, LACK OF VIRUSES OR OTHERWISE.
9. NO INCIDENTAL, CONSEQUENTIAL, OR OTHER SPECIAL DAMAGES.
To the fullest extent permitted by law and regardless of the form or cause of action or the alleged basis of the claim, you agree that we will not be liable for any direct, incidental, consequential, indirect, punitive, special, or other damages whatsoever, including without limitation damages for loss of profits, business interruption, or loss of information, and the like, arising out of or relating to this Agreement, even if we have been advised of the possibility of such damages and even if the remedies otherwise provided under this agreement, at law, or in equity, fail of their essential purpose.
10. LIMITATION OF LIABILITY.
Under no circumstances shall Pennsylvania Real Estate Investment Trust be liable to User or any other person for any indirect, incidental, consequential, special or punitive damages for any matter arising from or relating to this Agreement, the service of the Internet generally, including, without limitation, User's use or inability to use the service, any changes to or inaccessibility or the service, delay, failure, unauthorized access to or alteration of any transmission or data, any material or data sent or received or not sent or received, any transaction or agreement entered into through the service, or any data or material for a third person accessed on or through the service, whether such liability is asserted on the basis of contract, tort or otherwise. In no event shall Company's total liability for direct damages exceed the total fees paid by User to Company hereunder. Some states prohibit the exclusion or limitation of incidental or consequential damages, thus this limitation of liability may not apply to User. If User is dissatisfied with the service, User's sole and exclusive remedy shall be for User to discontinue use of the service and terminate this Agreement. In the event a court of competent jurisdiction determines that we are liable for Site-related damages of any kind, you agree that such damages shall not exceed Two Hundred Fifty Dollars (US$250).
11. Your Representations & Warranties.
User represents and warrants to Pennsylvania Real Estate Investment Trust that (a) User is over 18 years of age and has the power and authority to enter into and perform User's obligations under this Agreement; (b) All registration and other information provided by User is truthful, accurate and complete, including User's legal name, home address, e-mail address and telephone number; (c) User is the authorized signatory of any credit, debt or other charge card used to pay fees or charges at this site; (d) User shall comply with all terms and conditions of this Agreement, including, without limitations, the provisions of Section 12, Prohibited Uses and Section16, Indemnification.
12. Prohibited Uses.
User is solely responsible for any and all acts and omissions that occur under User's account or password, and User agrees not to engage in unacceptable use of the Service, which includes, without limitation, use of the Service to: (a) disseminate, store or transmit unsolicited messages, chain letters or unsolicited commercial e-mail; (b) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) disseminate, store or transmit files, graphics, software or other materials that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) create a false identity or to otherwise attempt to mislead any person or Pennsylvania Real Estate Investment Trust as to the identity or origin of any communication; (e) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Service or any other computer network; (f) disseminate, store or transmit viruses, trojan horses or any other malicious code or program; or (g) engage in any other activity deemed by Pennsylvania Real Estate Investment Trust to be in conflict with the spirit or intent of this Agreement.
13. PENNSYLVANIA LAW GOVERNS; EXCLUSIVE CAMBRIA COUNTY JURISDICTION.
This Agreement will be governed and construed in accordance wit the laws of the State of Pennsylvania, U.S.A., without giving effect to the principles of its conflict of law provisions. The parties to this Agreement agree and consent to the jurisdiction of and venue in the state or federal courts in Cambria County, Pennsylvania, U.S.A. in all disputes arising out of or relating to this Agreement.
14. Claims of Copyright Infringement.
We rely on our users to bring copyright infringement to our attention. Anyone who believes that his or her work has been reproduced in such a way that constitutes copyright infringement may contact our Agent for Copyright Infringement. Claims of copyright infringement or other alleged violation of intellectual property rights and documentary proof thereof should be sent by registered or overnight mail to Pennsylvania Real Estate Investment Trust, Attention: General Counsel, 200 South Broad Street, The Bellevue, Third Floor, Philadelphia, Pennsylvania 19102. Claimant's documentary proof must contain proof of claimant's ownership rights, details of the alleged misuse of such property, contact information of such claimant and/or their legal representative, including full name, address, e-mail address (if available), telephone and fax numbers.
15. Severability; No Waiver; Entire Agreement.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the remaining provisions of the Agreement shall remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches. This Agreement, including any notices and disclosures in the Site, constitutes the entire agreement between you and us.
User agrees to indemnify, hold harmless and defend Pennsylvania Real Estate Investment Trust, its parent, affiliates, subsidiaries, shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person arising out of or relating to: (a) this Agreement; (b) User's use of the Service, including any data or work transmitted or received by User; and any unacceptable use of the Service, including, without limitation, any statement, data or content made, transmitted or republished by User which is prohibited as unacceptable at Section 11.
This Agreement is effective upon User's acceptance as set forth herein and shall continue in full force until terminated. All temporary usage licenses granted to User expire on termination. User may terminate this Agreement for any reason upon notice to Company. Company reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Service; (b) suspend User's access to or use of all or any portion of the Service; and terminate this Agreement.
The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.
19. Force Majure.
If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, acts of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such excuses.
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