Privacy Policy

Effective Date:  May 29, 2018

  1. Introduction

Since our foundation in 1991, DLC has been one of the nation’s preeminent owners, operators and managers of shopping centers. Our portfolio includes millions of square feet of attractive retail space and continues to expand as we complete additional acquisitions.

This Privacy Policy (“Policy”) applies to the websites, mobile applications (“Apps”) and Internet-based activities, such as websites and other sites ( the “Platform”) operated by DLC Management Corp. and its affiliates and agents (collectively, “DLC”).  The Platform includes, but are not limited to,   The Platform, together with the Apps and Web Services, are the “Platform”.

This Policy outlines the types of information that DLC gathers about you while you are using the Platform, and the ways in which DLC uses and shares this information. This Policy does not apply to any information you may provide to DLC, or that DLC may collect, offline and/or through other means (for example, at a live event or through the mail). As used herein, the words “user,” “you” and “your” mean users of the Platform and the words “we,” “us” and “our” mean DLC.

Because the web is an evolving medium, this Policy may be updated from time-to-time, in which case we will post the revised Policy on the Platform and update the “Last Updated” date to reflect the date of the changes.

Please note the arbitration provision set forth below requiring you to arbitrate any claims you may have against DLC on an individual basis.

EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

  1. This Privacy Policy explains the following:
  • What information DLC collects about you
  • How DLC Collects Personal Information
  • How DLC uses the information you collect about me
  • Will I be contacted for marketing purposes
  • Will DLC share my personal information with anyone else
  • Collection and Use of Information from Children
  • Cookies Policy and Do Not Track – information DLC collects from your computer or mobile device
  • Updates to DLC’s Privacy Policy
  • Security and Retention
  • Dispute Resolution
  • Choice of Law
  • Your California Privacy Rights
  • Assignment
  • Links to external websites
  • How to Contact Us
  1. What information does DLC collect about me?

DLC collects (i) personal information voluntarily supplied by you when you use the Platform and/or provide personal information to DLC through the Platforms; and (ii) tracking information collected as you navigate the Platform. We note that over time, non-personal information could become personal information through regulatory developments, technological advancements, or co-mingling with personal information. The types of personal information we collect from you depends on the features you use on the Platform.

In particular, DLC collects the following information from and about you:

  • User Registration information – User Registration Information is information you submit to DLC when using either the Platform. This information can include, but is not limited to, first name, last name, email address, and mailing address and other information you provided to us.  We may also collect personal information from you when you sign up on our Platform to receive information from DLC or to contact us.
  • Repair Information. We may collect information when responding to a repair request including, but not limited to, business name, tenant name, property type, tenant’s email address, tenant’s phone number, and a description of the repair or maintenance issue that is being requested and submitted through the Platform.
  • Sales Report Information. We may collect information pertaining to retail sales, including, but not limited to, business name, tenant name, property location, tenant’s email address, tenant’s phone number, sales per month, and any other addition information that you may provide and submit through the Platform.
  • Job Application Information. We will collect information you submit to us when applying for an available position online, including but not limited to, first name, last name, email address, mailing address, phone number, and any additional information that you may provide through the Platform.
  • Tenancy Application Information. We may collect information you submit to us in the course of applying for a tenancy at one of our properties and submit to us through the Platform.  This information may include, but is not limited to, your name, social security number, driver’s license number, home phone, cell phone, date of birth, your spouse’s name, your spouse’s social security number, your spouse’s date of birth, personal references, financial information, your most recent year’s tax return, and any additional information that you may provide.
  • Demographic Information. We may collect your demographic information, such as your age, gender, city, state and country.
  • Usage Information. We may collect data information about how you and your devices interact with the Platform. This could include features you use, the web pages you visit and the search terms you enter. This could also include data information about your devices and the network you use to connect to our services, including IP addresses, device identifiers and data information about the performance of the services you use on the Platform and any problems you experience with them.
  • Location Information. We may collect your location information when using the Platform. This information may help us provide recommendations to you based on your location, serve you with advertisements or direct you to a product or service that we believe may be of interest to you. Content and Other Information You Provide to Us. We may collect additional content and information that you voluntarily provide us, such as when you post a comment, submit a complaint or send us feedback on the Platform.
  • Adobe Analytics – We also use web analytic tools provided by Adobe. These tools provide similar reporting and analytics functions. To learn more about privacy and the Adobe Analytics products and to exercise your privacy choices with Adobe, please visit the Adobe Privacy Center here.
  • Audience Based Data – We also receive audience based data (such as pixel traffic and conversion data) from social media platform providers, including Facebook, LinkedIn and Twitter and others based on non-identifiable information such as IP addresses. We use this information to serve targeted ads to you and perform marketing tracking. To block or limit this activity, please visit the sites below:
  1. How DLC Collects Personal Information

(1) Active Collection

As noted above, we collect and store the personal information from you directly, at the time you supply information to us via the Platform. For instance, if you contact us with a question, we may store your communications, including any personal information you include in them, so we can effectively respond to you. If you do not want us to collect your personal information, please do not provide it to us.

(2) Passive Collection

We may collect information passively while you are visiting or interacting with the Platform. We call this “passive” collection because you may not know that this information is being collected. Here are some examples of the information that is collected via the Platform and a description of how this information is used:

  • Internet Protocol (IP) addresses – Your IP address is a number that lets computers attached to the Internet know where to send your information, such as the webpages you view. We use this information to deliver our webpages to you upon request, tailor our Platform to the interests of our users and measure traffic within our Platform.
  • Cookies, web beacons, and other similar technologies – A cookie is a small text file that may be used to collect information about your activity on the Platform. For example, when someone visits a page within the Platform, a cookie is placed on the user’s machine (if the user accepts cookies) or is read if the user has visited the Platform previously. Web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to allow us to count users who have visited certain pages of the Platform and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, web beacons can tell the sender whether and when the email has been opened. Web beacons are embedded invisibly on webpages. For more information, please see the Cookies and Similar Technologies section below.
  1. How DLC uses the information you collect about me?

DLC uses your personal information for a number of purposes including the following:

  • to provide the DLC services, features, products and other services to you;
  • to administer services to our current and potential clients and customers such as those applying to lease space;
  • to study aggregate data in order to enhance our existing services or develop new services and use non-personal information to enable DLC or a third party to provide you with information about products and services while you are using the Platform;
  • to enforce compliance with our Terms of Use or to protect the Platform, customers, or other individuals. We can and will also use IP addresses and/or device names and/or MAC addresses and other non-personal information to identify a user when we feel it is necessary to enforce compliance with our Terms of Use or to protect the Platform.
  • to perform a credit background check on current and potential lessees and tenants;
  • to provide you with support and to respond to inquiries;
  • to measure and improve those services and features;
  • for internal record keeping;
  • to alert you to special offers, updated information from DLC or other third parties, or to forward promotional materials and targeted advertisements.
  • to inform you of upcoming events;
  • to use IP addresses to identify the location of users, to block disruptive use, to establish the number of visits from different countries;
  • to analyze and improve the activities and content offered by the DLC website to provide you with the most user-friendly navigation experience. We may also use and disclose information in aggregate (so that no individuals are identified) for marketing and strategic development purposes.
  1. Will I be contacted for marketing purposes?

DLC will contact you for marketing purposes where you have provided us with consent to do so in accordance with applicable law.  Please see below for information on how to change your communication preferences, including opting out of future marketing communications.

  1. Will DLC share my personal information with anyone else?

We will use your information within DLC for the purposes for which it was obtained.

DLC may share your personal information to trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.  Non-personal information may be provided to other parties for marketing, advertising, or other uses – see the Cookies and Ads section below.  This information may be used by third parties to target advertising on sites and apps based on users’ online activity – see the Cookies and Ads section below for more details.

  • Service providers, helping to administer the services, products, services educational programs and events. We may share your personal information with companies that perform services on our behalf, for example, companies that help process credit card payments and perform credit checks. Our service providers are required by contract to protect the confidentiality of the personal information we share with them and to use it only to provide specific services on our behalf.
  • Subsidiaries and affiliates to better serve DLC and its evolving needs;
  • Third parties, we may use non personal information for various purposes, such as to create aggregated data reports that we may disclose to third parties, including entities with whom we have entered into an agreement to provide such information;
  • Mergers and Acquisitions: We may share personal information with companies which may be the result of any mergers, acquisitions, asset sales, or joint ventures.;
  • Social Media Companies. We may share PII, such as your telephone or e-mail contact information, with social media outlets, like Facebook and Instagram, in connection with our agreement to share such information with them, in order to provide more targeted advertisements about goods and services from us or mall retailers that may be of interest to you.
  • Advertising technology companies, such as Google Analytics, to compile statistics and perform analysis intended to improve our services and to engage in advertising on our behalf. You may opt out of advertising by visiting one of these sites:  the DAA opt-out site at info or the NAI opt-out site at networkadvertising.org/choices. 
  • Audience Data Providers, we may also work with, such as Facebook, Twitter, LinkedIn and others, to receive audience based data (such as pixel traffic and conversion data) from them based on non-identifiable information such as IP addresses;
  • Retailors and Tenants. We may use the location and Wi-Fi information gathered to generate reports, such as foot traffic at our malls, which we may share with retailers and third parties to improve the consumer experience at our malls. We may also use this information to send you news about the mall, such as promotions from mall retailers, and to provide advertisements about goods and services that may be of interest to you.
  • Competent authorities, including law enforcement, in order to comply with applicable laws or court orders.
  1. Collection and Use of Information from Children

The Platforms are not intended for use by persons under the age 13.  DLC does not knowingly collect information from visitors under the age of 13, and, in the event that we learn that a person under the age of 13 has provided us with personal information, we will delete such personal information.

  1. Cookies Policy and Do Not Track – information DLC collects from your computer or mobile device

Cookies are small text files on your device. They are made by your web-browser when you visit a website. Every time you go back to that website, your browser will send the cookie file back to the website’s server. Cookies are useful because they allow a website to recognize a user’s device. You can find more information about cookies at:

www.allaboutcookies.org

and

www.youronlinechoices.eu.

 

Why does DLC use cookies?

We use, and allow certain third parties to use, cookies and other similar technologies to operate our Platform, provide any of our services or other functions and to help collect information. We, or third parties, may use session cookies or persistent cookies. Session cookies only last for the specific duration of your visit and are deleted when you close your browser. Persistent cookies remain on your device’s hard drive until you delete them or they expire. Different cookies are used to perform different functions, which we explain below:

  • Essential. Some cookies are essential in order to enable you to move around our Platform and use their features, such as accessing secure areas of the Platform. Without these cookies, we cannot enable appropriate content based on the type of device you are using.
  • Browsing and functionality. These cookies allow us to remember choices you make on the Platform, such as your preferred language and the country from which you are visiting, and provide enhanced, more personalized features.
  • Performance and analytics. We use our own cookies and third-party cookies to see how you use our Platform and services in order to enhance their performance and develop them according to your preferences. In particular, we use:
    • Google Analytics: To help facilitate the delivery of relevant content, we use Google Analytics and have implemented the following Google Advertising Features:  Remarketing, Impression Reporting and Demographics and/or Interest Reporting. Google Analytics uses cookies to report on user interactions on our and others’ websites. We use the information collected for optimizing marketing, refining advertising and/or programming strategies and generally making advertising more effective. You can opt-out of the Google Analytics Advertising Features we use by indicating your preference using the interest-based opt-out link here. Google also provides a complete privacy policy and instructions on opting-out of Google Analytics here. Note that Google’s opt-out mechanism is specific to Google activities and does not affect the activities of other ad networks or analytics providers that we may use.
    • Targeted advertising: We receive audience based data (such as pixel traffic and conversion data) from social media platform providers, including  Facebook, LinkedIn and Twitter and others based on non-identifiable information such as IP addresses.  We use this information to serve ads to you and marketing tracking. To block or limit this activity, please visit the sites below:
    • Third party advertising and social media. There are several ways to manage cookies. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. If you block certain cookies, you may not be able to take advantage of the personalized features enjoyed by other users of our Platform. We also note that by blocking or deleting cookies which are “strictly necessary,” you will not be able to access certain features of our Platform.
    • To inform you of promotions. Cookies are commonly used for record keeping, to track your movements when you visit the Platform and to help DLC and our authorized third party advertising and/or analytics vendors determine what type of information to present to you. The information gathered from web cookies, may also be used to provide advertisements about goods and services from us or our mall retailers that may be of interest to you.

There are several ways to manage cookies. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. If you block certain cookies, you may not be able to take advantage of the personalized features enjoyed by other users of our Site. We also note that by blocking or deleting cookies which are “strictly necessary,” you will not be able to access certain features of our Site.

In the United States (US), the Network Advertising Initiative also offers a means to opt-out of a number of advertising cookies. Please visit www.networkadvertising.org to learn more.  Note that opting-out does not mean you will no longer receive online advertising. It does mean that the company or companies from which you opted-out will no longer deliver ads tailored to your preferences and usage patterns.

Do Not Track is a voluntary program among Internet advertisers that is intended to give users the ability to opt-out of behavioral targeting and advertising. There are a few ways in which your computer may transmit a “do not track” signal to certain websites and online services you visit. DLC does not honor Do Not Track settings. We may, however, as described above, use the information we collect to present you with content we believe may be of interest to you. If you do not agree with our policy not to honor Do Not Track, please do not use the Platform. See below also for more information.

  1. Updates to DLC’s Privacy Policy

This Privacy Policy may be updated from time to time so you may wish to check it each time you submit personal information to DLC. The date of the most recent revisions will appear on this page. If you do not agree to these changes, please do not continue to use the DLC Platform to submit personal information to DLC. If material changes are made to the Privacy Policy, we will notify you by placing a prominent notice on the Platform.  We encourage you to periodically review this Privacy Policy to keep it up to date on how we are handling your personal information.

  1. Security and Retention

We take commercially reasonable precautions to protect your information. No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information you transfer to DLC is done at your own risk.

Once we receive your transmission, we make commercially reasonable efforts to ensure security on our systems. If we learn of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Platform or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Platform. We may post a notice on our Platform if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

  1. Dispute Resolution

By using the Platform, you and DLC agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Platform, or the breach, enforcement, interpretation, or validity of this Privacy Policy or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 7 days in which to respond to or settle the Dispute.

Notice shall be sent to:

DLC MANAGEMENT CORP.

ATTN: LEGAL DEPARTMENT

565 TAXTER ROAD
ELMSFORD, NY 10523

Both you and DLC agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. WHERE PERMITTED BY APPLICABLE LAW, IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. Any such Dispute shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Privacy Policy, including any claim that all or any part of this Privacy Policy is void or voidable with the exception of disputes related to or involving DLC’s intellectual property.

  1. Choice of Law

This Privacy Policy has been made in, and shall be governed, construed and enforced in accordance with the laws of New York, without giving effect to any conflict of law principles. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Privacy Policy shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

  1. Your California Privacy Rights

California Civil Code Section 1798.83 permits visitors to the Platform who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at 914-631-3131 or marketing@dlcmgmt.com.

We do not share personal information with third parties for their direct marketing purposes unless you consent to such disclosure. If you do agree to our sharing your personal information with a third party for its marketing purposes, we will only share information in connection with that marketing.

At this time our Platform does not recognize automated browser signals regarding tracking mechanisms, which may include “Do Not Track” instructions.

  1. Assignment

In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personal information we have collected from you.

  1. Links to External Sites

DLC takes no responsibility for the content of external Internet sites. Other websites that we may link to are owned and operated by third parties, and DLC has no control over them. The fact that we include links to other websites does not mean that DLC approves of or endorses any other third party website or the content of that website. We accept no liability for any statements, information, products, or services that are published on or are accessible through any websites owned or operated by third parties.

  1. How to Contact Us

Your visit to the Platform is subject to this Privacy Policy and Terms of Use. If you have any questions, comments or concerns regarding our privacy practices or this Privacy Policy or practices, please contact us at the postal and email addresses below.