PRIVACY POLICY

Revised August 29, 2016

This Privacy Policy sets out the privacy practices of www.rpai.com (the “Website’) which is owned by Retail Properties of America, Inc. (“RPAI” or “we”). This Privacy Policy applies only to information we collect at and through our Website. It summarizes the types of information that RPAI gathers and how that information is used while you are using our Website. Your use of the Website constitutes your unconditional agreement to the terms of our Privacy Policy and our Terms of Use. This Privacy Policy does not apply to information you may provide to RPAI or that RPAI may collect offline and/or through other means such as a through mail, telephone or personal conversation.

Please read our Privacy Policy carefully.

Information Collection & Use
RPAI collects personally identifiable information from our users through various means.

Tenants/Potential Tenants/Potential Buyers or Sellers
In the Property Management section of our Website, tenants can report center operational issues, report sales, update insurance and contact information in connection with their lease. In the Leasing section of our Website, potential tenants can submit their contact and business details when submitting a leasing inquiry. In the Acquisitions and Dispositions section of our Website, potential transaction counterparties can submit their contact and property details. In all cases, the information submitted may contain personally identifiable information, such as your name, email address and telephone number. Information that you submit will be used to provide services to you and/or used by RPAI as is permitted by applicable law and your lease, as applicable. We may also use this information to contact you if we have questions regarding the information submitted or your lease, as applicable.

Investors
In the Investor Relations section of our Website, users can request information and request email notifications. As such, users are required to submit personally identifiable information such as your name, telephone, email address and mailing address. This investor portion of the website is currently managed and operated by a third party service provider for RPAI identified at the bottom of the main investors relations page (“IR Provider”). We and/or the IR Provider use this information to provide the information requested. You can learn more about IR Provider and its terms and conditions by clicking the relevant links at the bottom of the Investor Relations page and on the IR Provider’s website.

Information Collected Automatically
We gather certain information automatically when you use our Website. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, and pages viewed. We use this information, which does not identify individual users, to analyze trends, to administer the Website, to track users’ movements around the Website and to gather analytic information about our user base as a whole. We do not link this automatically-collected data to personally identifiable information.

Google Analytics
The information collected automatically, as described above, is collected primarily through our use of Google Analytics to help analyze how users use the Website. The Google Analytics tool uses “cookies,” which are text files placed on your computer, to collect standard internet log information and visitor behavior information in an anonymous form. The information generated by the cookie about your use of the Website (including IP address) is transmitted to Google. This information is then used to evaluate visitors’ us of the Website and to compile statistical reports on website activity for RPAI. For more information regarding Google Analytics please visit Google’s website, and pages that describe Google Analytics, such as www.google.com/analytics/learn/privacy.html.

Cookies
When you visit our Website we send one or more “cookies” to your computer or other device. A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. Cookies may store unique identifiers, user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies.

Information Sharing and Disclosure/Links to Other Sites
The Website may contain links to third party websites. When you click on such links, you will leave RPAI’s Website. RPAI is not responsible for the privacy practices of other websites or third party service providers. Please read the privacy policies and terms and conditions of these other websites before providing any personally identifiable information.

Legal Proceedings
We will share personal information with third party companies, organizations or individuals outside of RPAI if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:

  • Meet any applicable law, regulation, subpoena, legal process or enforceable governmental request.
  • Enforce applicable Terms of Use, including investigation of potential violations.
  • Detect, prevent, or otherwise address fraud, security or technical issues.
  • Protect against harm to the rights, property or safety of RPAI, our users, customers or the public as required or permitted by law.

Transfer in the Event of Sale or Change of Control
If the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business of the Website to a third party, we may transfer your personal information to the new owner to be used consistent with this Policy. In such a case, unless permitted otherwise by applicable law, your information would remain subject to the terms hereof. 

Security
Although we endeavor to protect your personally identifiable information, the internet is not a 100% secure environment, so we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Please note that e-mails and other submissions and communications you send to us through our Website are not encrypted, and we strongly advise you not to communicate any confidential information through these means. We will not be responsible or liable for any damages, losses or causes of action arising out of or in connection with the disclosure of your personally identifiable information.  

Children
Our Website is not intended or designed to attract children who are under the age of 13. We do not knowingly solicit, collect, use or retain personally identifiable information for any purpose from visitors under the age of 13. We will delete any records of such personally identifiable information that is brought to our attention.

Changes to Our Privacy Policy
Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your consent in accordance with applicable law. We will post any privacy policy changes on this page.

LIMITATION OF LIABILITY AND DISCLAIMERS

IN NO EVENT SHALL RPAI, ITS SUBSIDIARIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS OR BUSINESS INTERRUPTION, AND INCLUDING DAMAGES CAUSED BY ANY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR COMPUTER VIRUS) THAT ARE RELATED TO THE USE OF OR THE INABILITY TO USE THE CONTENT, MATERIALS AND FUNCTION OF THE RPAI WEBSITE OR ANY LINKED WEBSITE, EVEN IF RPAI IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS. 

Applicable Laws

The Privacy Policy shall be governed by and construed under the laws of the State of Illinois without regard to conflicts of laws principles. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS PRIVACY POLICY, THE RPAI WEBSITE OR THE USE OR ACCESS THEREOF SHALL BE IN THE STATE OR FEDERAL COURT LOCATED IN COOK COUNTY, ILLINOIS.