NewMark Merrill Companies, Inc. takes your privacy very seriously. Our goal in using technology both at our properties and when you visit our websites or access data from your phone is to enhance your shopping experience, ensure your safety, and help our businesses be more responsive to your needs. The key element overlaying ALL our technology is that, with rare exceptions, we do not seek to capture individual information on you or on your identity unless, of course, you specifically provide your information to us. Our on-site security cameras allow us to maintain security, maintain facial information locally, collect information from a data collection perspective, and group information without any personally identifying information. For instance, we might collect the time and the number of guests who visit a certain part of the center, but we do not seek identifying information such as the guest’s name or date of birth.
Our policy, as delineated below, is while we want to share with you specific offers, opportunities, and events that you might find interesting, that is an OPT IN opportunity. Except in general mailings, we will not seek to do this without you choosing to receive information and you providing us with contact information.
Our goal is to let you choose how you engage with us – virtually or in person, and to customize the shopping process in the way YOU choose.
This philosophy is better outlined below as part of our detailed policy, but of course we are always happy to address any questions, concerns, or comments you may have.
Sanford D. Sigal
President & Chief Executive Officer
NewMark Merrill Companies, Inc.
This Privacy Notice governs you and your household’s (collectively, “You” and “Your”) relationship with NewMark Merrill Companies, Inc. its parents, subsidiaries, and affiliates, and its managed properties (collectively, “NewMark Merrill”). By entering or shopping on the premises of one of our shopping centers or accessing our web site, you agree to the terms described in this Notice.
This Notice governs only the activities controlled and carried out by NewMark Merrill’s personnel, agents, and electronic infrastructure. NewMark Merrill is the owner or manager of shopping center properties. Our retail tenants (meaning the stores you visit) may have additional or different privacy policies and may collect information that we do not describe here. Under relevant law, on their premises, it is their responsibility to inform you of their activities and your rights. NewMark Merrill takes no responsibility for the independent actions or omissions of tenants, who have exclusive control over what happens on their premises.
Except as we discuss it in this Notice, NewMark Merrill collects and uses personal information for its own purposes and does not sell to third parties (or transfer to third parties for their own use) any information that is reasonably capable of being identified with You.
Data We Collect
Web server log information. When you visit our websites, our web hosting service providers collect basic web log information when you visit our web site. We also collect basic log information when you connect using any mobile apps we publish. Server log information includes the dates and times of your visit, which pages you visited, your computer’s operating system, your IP address, where and how you entered our site (page and any search engines/terms), and where you went when you exited our site. This information does not identify you personally, and any personal information that we collect would be the result of your voluntarily inputting data on a form. We only retain it for as long as it is necessary to assure the functionality, integrity, and security of our website.
Also, Google Analytics has a browser plug-in that prevents its analytics service from recognizing your return visits.
Links to other sites. Where one of our web pages contains links to sites that are not controlled by NewMark Merrill (such as sites of retail tenants), please see the privacy notices or policies of those sites. NewMark Merrill assumes no responsibility for the content, security, or data privacy compliance of these linked sites.
Information you provide voluntarily. If you register for an online account with us, submit messages, or make comments via our web sites, we collect personal information of the type shown on the form you are filling out. You can also use this account to verify your identity for certain types of requests for disclosure (see below).
Public (Guest) WiFi activity. If you use our public (guest) WiFi system, additional terms, conditions, and disclosures will apply. These will be provided by our wireless portal provider. You will see these when you connect. You will be able to request from the portal provider an accounting of personal information collected and your rights to understand, correct, or delete it. We receive your email address from our portal provider, and we use it for promotional communications. You can unsubscribe from these promotional communications as described below.
Guest physical location information. We may collect information on your whereabouts in one of our retail complexes via your handheld device’s Bluetooth ID, its connections to our guest WiFi system, and when location data is collected by our mobile website or mobile apps. We use this information to improve our service and tenant mix by understanding how You circulate through our shopping centers and finding out whether You have visited before. Guest physical information is encrypted (either a MAC address or a substitute for a MAC address) and not able to be re-associated with You. Your mobile device may provide settings to control the collection of location information by your handheld device (information linked here for Android or Apple), and you can prevent other tracking by turning off Bluetooth and WiFi.
If you have an account with us, we may combine location information with some of the information received from activity on our public WiFi (like your email address when you register) to alert you to promotions and special offers. As noted below, you can unsubscribe from email campaigns.
Video Recordings. We may record video (and/or audio) in the common areas of our properties (including but not limited to parking lots, sidewalks, and corridors). We use this information directly to help assure the security of our visitors, our tenants, and our property. We retain this footage only as long as necessary; we do not have the capability of identifying You solely from video data or other data we would normally collect. We may share this information with our security services. We may also share it with applicable law enforcement.
Information Derived from Video Recordings. We may use information derived from security video footage, including face-detection and license-plate recognition, to understand:
- Whether you have visited a center before,
- Your demographics (age, gender), and
- Your mood/affect.
Where this data is shared with our service providers for analysis, it is either already in a de-identified (anonymous) form (such as numerical computations from video images or counts of visitors crossing a virtual boundary) or held by a provider for only so long as required to convert it into de-identified data. Where our service providers determine whether you are a repeat visitor, they do it with an anonymous numeric identifier that cannot be decoded to the source data or your identity.
Information you intentionally provide to us. We collect consumer information that you voluntarily provide, such as your name, address, telephone, email, and preferences. This may be done, for example, through our website or handwritten forms. We use this contact information for promotions, contests, and mailing lists. We do not sell your contact information to third parties; we do provide it to our marketing companies to carry out our marketing campaigns. If you receive unwanted email, please follow the “unsubscribe” or “manage your preferences” link at the bottom of the email to remove yourself from the relevant campaigns.
Demographic information. We may note and record your language (spoken or selected), gender (stated or apparent), age, ethnicity, where you live, and the size of your household, and annual household income. This information is not correlated to your activity or personal identity, and we use aggregated (summed and averaged) forms of this information to guide our marketing and retail tenant mix.
Financial information. If you purchase something from a tenant’s store at one of our locations, we do not receive any specific information related to your purchases or your payment method. If you buy a gift card from the shopping center or pay to park in one of our garages, we may record payment information and other information you provide in connection with obtaining services. This is transmitted only to our payment processors and/or bank to complete your transaction. Our payment processors capture and retain information relevant to processing your purchases.
Employment information. If you apply for employment with NewMark Merrill, we collect whatever personal information you provide in response to a form, in an email, or on your resume. This may include your name, address, telephone, email address, gender, ethnicity, other protected status, past work history, and educational history. We use this information internally and may provide it to outside consultants where they help us make hiring decisions. We may also provide de-identified or aggregated demographic information to state and federal agencies. We only retain your employment information for the period needed to make an employment decision, plus one year.
Third-Party Information. We may obtain information about you from third parties, including business partners and service providers. Although we take reasonable steps to make sure that this information is sourced in accordance with applicable law, we can only address how we handle it once it is in our possession (as described in this Notice). NewMark Merrill is not responsible for the collection, storage, or transmission of Your personal information.
Your Rights (California residents)
Under the California Consumer Privacy Act (“CCPA”), as a California resident, You have certain rights concerning information that could reasonably be used to identify You. The following information is provided so that You can understand at or before the point of collection what we are collecting and why.
Right to Access (“Right to Know”) and Data Portability. You have the right to understand what personal information we have collected and retained about you in the preceding 12 months, where it came from, why we collected it, and with whom we have shared it. You are also entitled to a copy of the information in a reasonably usable format.
Right to Deletion. Concerning the right of erasure of your personal information, we will erase your personal information when requested except when it is necessary to:
- Complete a transaction for which the personal information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
- Debug to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent.
- Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
- Comply with a legal obligation.
- Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
We may achieve deletion by removing it from our systems, by de-identifying it, or by aggregating it with other consumers’ data. Exercising your right to delete requires verification on your first request and then before the personal information is deleted.
If personal information about you has been de-identified prior to your verifiable request, we are not obligated to identify it or provide it in response to your verified request.
Disclosures and Use. In the past 12 months, NewMark Merrill (or its properties) have disclosed the following personal information to service providers for business purposes. Not all of these constitute personal information as collected; items marked “deidentified” have been converted to non-personal information by hashing or encryption.
|Category||Business Purpose||To Whom Disclosed|
|Foot traffic information derived from video or light beam sensors(de-identified)||Customer travel and attention patterns||Analytics vendors|
|License plate recognition||Enhancing security||Analytics and security vendors|
|Face detection(de-identified)||Estimating, age. gender, affect, and whether a return customer||Analytics vendors|
|RFID/WiFi Tag-derived data(de-identified)||Learning customer travel and attention patterns||Analytics vendors|
|Email and contact information||Conducting marketing||Email and postal campaign vendors|
Do Not Sell My Information. NewMark Merrill does not sell your personal information to third parties.
Right to non-discrimination. As provided by California law, we do not discriminate against customers based on their decision to exercise any of their rights under the CCPA.
Requests and verification. If You wish to exercise your rights under the CCPA, You (or an authorized agent with appropriate written documentation who can authenticate their own identity and their authority to obtain Your information) can contact us in three ways:
Via web form (click this link).
Via email: [email protected]. Please describe the nature of your request (right to know, right to delete, copy of your data).
Attn: Privacy Requests
NEWMARK MERRILL COMPANIES, INC.
5850 Canoga Avenue, Suite 650
Woodland Hills, CA 91367
Toll Free Number: (888) 725-9444
We may request that You take reasonable steps to verify Your identity before acting on your request. If Your request is on behalf of Your household, we must have a request that can be verified as to all members of the household. You will be required to provide one or more pieces of information that will allow us to substantiate your identity.
If you have an online account with us, that may serve as one means of verifying your request.
We also keep all requests You make on file, along with their responses, for twenty-four (24) months after their resolution. We do not use personal information provided in connection with requests for any other purpose, but we must retain some personal information for purposes of verifying that we complied with Your request
Email Lists. In the event You receive unwanted marketing email from us, You can use the self-service link at the bottom of the email to remove yourself from the relevant mailing list(s) or campaign(s).
Opting Out of the Sale of Your Personal Information. NewMark Merrill does not at this time sell personal information that it collects to third parties. It has not done so in the past twelve (12) months. If NewMark Merrill begins to sell personal information in the future, it will update this policy and provide a web link and contact information for opting out of the sale of personal information.
Minors under 13 years of age. NewMark Merrill’s web site is not intended to be used by children under thirteen (13) years of age. If you are the parent or guardian of such a minor, and you believe that the minor’s personal information has been collected or submitted, please contact us so that we can delete it.
No web site or system is 100% immune from attack or compromise. We use reasonable security measures to protect any stored Personal Information that could be associated with You depending on the nature of the information and how sensitive it is.
This Policy was last updated on November 16th, 2020.