Privacy Policy

Last updated: [December 23, 2019]

Your privacy is important to us. NEWMARK KNIGHT FRANK – BIG FULLERTON TOWN CENTER I, LLC (“Fullerton Town Center,” “we,” or “us”), understand your concerns with regard to how information about you is used and shared, and we appreciate your trust that we will use and share information about you carefully and sensibly.

This Privacy Policy describes what information we collect about you, how we collect it, how we use it, with whom we may share it, and what choices you have regarding it. This Privacy Policy applies to your use of our website (the “Site”) to which this policy links and any other means by which we may collect information about you, including information you may provide to us other than on the Site. We encourage you to become familiar with this Privacy Policy. By accessing and using the Site, you agree that you have read and understand this Privacy Policy and that you accept and consent to the privacy practices (and any uses and disclosures of information about you) that are described in this Privacy Policy.

This Privacy Policy does not apply to any websites operated by third parties. We are not responsible for, and this Privacy Policy does not apply to, the privacy practices of other companies or other websites. We encourage you to seek out and read the privacy policy of each website that you visit.

When do we collect your information?

Fullerton Town Center collects information relating to you and your use of the Site in order to provide services and features that are responsive to your needs. Fullerton Town Center collects personal information in the following ways:

  • From you when you communicate with us. We collect information from you when you request information, send us email, send us postal mail, or speak with us on the telephone.
  • Automatically as you navigate the Site. Information collected automatically may include usage details, email address, IP addresses, and information collected through cookies and other tracking technologies.


What information do we collect?

Information You Manually Provide. Fullerton Town Center collects the information you manually provide (using your keyboard, mouse, or touchpad) when you use this Site. For example, we collect the information you submit when you send us an inquiry on our Site or contact us with questions. Some of the information you manually provide may be personal information, such as your name, e-mail address, and phone number. Information From Third-Party Social Media Platforms. You may be able to register with, log on to, or enhance your profile on this Site by choosing to automatically populate the requested data 2 fields with information you previously provided to a third-party social media platform (such as Facebook or Twitter). By doing this, you are asking the third-party platform to send us information, including personal information, from your profile on that platform. 

We treat that information as we do any other information you give to us when you register, log on, or enhance your profile. Information Sent to Us by Your Web Browser. We collect information that is sent to us automatically by your web browser or mobile device. This information typically includes your IP address, the identity of your Internet service provider, the name and version of your operating system, the name and version of your browser, the date and time of your visit, and the pages you visit. The information we receive may depend on your browser or device settings. The information we receive from your web browser and/or device is not, in and of itself, personally identifiable. Generally, we use this information in the aggregate to help us improve this Site and make it more compatible with the technology used by our visitors. However, we may combine it with other information in an attempt to identify you or we may combine it with information that does identify you. We may also review our server logs for security purposes-for example, to detect intrusions into our network-and we might share our server logs, which contain visitors’ IP addresses, with the appropriate investigative authorities who could use that information to trace and identify you. 

Information Collected by Cookies and Other Technologies. We use “cookies” and other technologies to collect information and support certain features of this Site. For example, we may use these technologies to:

• collect information about the ways visitors use this Site—which pages they visit, which links they use, and how long they stay on each page;

• support the features and functionality of this Site—for example, to save you the trouble of re-entering information already in our database or to prompt the settings you established on previous visits;

• personalize your experience when you use this Site; and • improve our marketing efforts, including through use of targeted advertising. The information we collect using cookies and similar technologies is not, in and of itself, personally identifiable, but we may link it to personal information that you provide. If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. Although you are not required to accept cookies when you visit this Site, you may be unable to use all of the functionality of this Site if your browser rejects our cookies. Your Location. Using GPS technology, and with your opt-in consent, we may also collect precise, real-time location information from your mobile device and use that information to deliver tailored content through this Site. For example, if we recognize that you are near a particular shopping center, we may send a message to your mobile device letting you know about a sale taking place at that shopping center. We may also share information about your location with your friends and other contacts, to the extent you interact with them using the social networking tools available on 3 this Site. Assuming you have consented to our collection of location information from your mobile device, our mobile website may collect such information even if you are not logged into it. How do we use your personal information? Generally, we use the personal information we collect through this Site:

• to provide the information, products and services you request;

• to better understand your needs and interests;

• to provide you with a personalized experience when you use this Site;

• to provide you with effective customer service;

• to improve the content, functionality and usability of this Site;

• to contact you with information and notices related to your use of this Site;

• to contact you with special offers and other information we believe will be of interest to you (in accordance with any preferences you have expressed to us);

• to invite you to participate in surveys and provide feedback to us (in accordance with any preferences you have expressed to us);

• to improve our products and services; • to improve our marketing and promotional efforts;

• for security, credit or fraud prevention purposes; and

• for any other purpose identified in any other agreement between you and us. Please see below for information about the choices you have about the ways we use your personal information. Do we disclose any information to outside parties? We do not sell, trade, or transfer your personal information to third parties, except in the circumstances described below. Within M & J Wilkow. We may share your personal information with other M & J Wilkow entities, divisions, and subsidiaries to serve you, including for the activities listed above. Other Third-Party Vendors. We may share information collected through this Site with other third-party vendors who act for or on behalf of The Waterfront. These third-party vendors may need information about you to perform their functions.

4 Other Users of this Site. You may be able to submit User-Generated Content (“UGC”) on or through this Site. Any personal information contained in UGC can be read, collected, or used by others. In addition, we may use UGC you submit for advertising campaigns and other promotions. We may or may not use your name in connection with such use, and we may or may not seek your consent before using the content for such purposes. Therefore, you should have no expectation of privacy with respect to UGC you submit on or through this Site. Third-Party Social Media Platforms. We may provide functionality on this Site that allows you to automatically post information about the actions you take on this Site to a third-party social media platform (such as Facebook or Twitter). If you choose to take advantage of this functionality, people with access to your profile on the third-party platform may be able to see the actions you have taken-for example, the items you have purchased. Thus, you should have no expectation of privacy in those actions. Further, if you choose to link your profile on this Site with an account on a third-party social media platform, we may share the information in your profile with that third-party platform.

Other, Carefully Selected Business Partners. From time to time, we may share your information with selected third parties for their own marketing purposes. For example, we may partner with third parties to sponsor contests or other promotions, and we may share with these third parties the information you submit to us to participate in the contest or take advantage of the promotion. Before doing so, however, we may offer you the opportunity to “opt out” or “opt in,” as required by applicable law. Business Transactions. We may decide, for strategic or other reasons, to sell, buy, merge or otherwise reorganize one or more of our businesses. A transaction of this type may involve the disclosure of personal information to prospective purchasers. In such cases, we will take reasonable measures to protect the personal information we disclose, for example, by requiring the prospective purchaser to sign a non-disclosure agreement limiting the use and protecting the confidentiality of the personal information. Business Transfers. Your personal information may be transferred to successor organization if, for example, we transfer the ownership or operation of this Site to another organization or if we merge with another organization. If such a transfer occurs, the successor organization’s use of your personal information will still be subject to this Privacy Policy and the privacy preferences you have expressed to us.

Compliance with Laws and Protection of Our Rights and the Rights of Others. We may disclose your personal information when we, in good faith, believe disclosure is appropriate to comply with the law, a court order, or a subpoena. We may also disclose your personal information to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of this Site; to enforce or apply our online Terms of Use or other agreements; or to protect our own rights or property or the rights, property or safety of our users or others. As Described in a Privacy Policy. We reserve the right to disclose your personal information as described in any Privacy Policy posted on the web page where you provide that information.

By providing your personal information on that web page you will be consenting to the disclosure of your personal information as described in that Privacy Policy. What choices do you have about your personal information? We offer certain choices about how we communicate with you and what personal information we obtain about you and share with others. In General. We respect your right to make choices about the ways we collect, use, and disclose your information. Discussed above are choices you have about delivery of cookies to your computer through this Site. In addition, we may ask you to indicate your choices at the time and on the page where you provide your information. For example, we may give you choice about the types of email communications you receive from us and/or our business partners. Likewise, before we collect location information from your mobile device, we will ask for your affirmative consent to do so. Email preferences. You cannot opt out of transactional emails related to your membership/registration with the Site. However, you can opt out of promotional emails we send you. If you wish to stop receiving promotional emails, simply select “unsubscribe” located at the bottom of each communication. Do Not Track. Because there currently is not an industry or legal standard for recognizing or honoring Do Not Track (“DNT”) signals, we do not respond to them at this time. Previously Expressed Preferences. You may change previously expressed preferences regarding how we use your information. If you have registered with this Site or downloaded our mobile app, you may be able to change certain privacy preferences through your account settings.

Otherwise, if at any time you wish to be taken off our mailing lists, please contact us using the information provided above. Please provide your full name, postal address, and e-mail address so that we can find you on our mailing lists. Once we have the information we need, we will remove you from our mailing lists as you have requested. Please give us a reasonable amount of time to honor your request. Location Tracking. Your mobile device may allow you to adjust your settings so that location information is not available to any mobile website or application. If you have questions about the security and privacy settings of your mobile or tablet device, please refer to instructions from your mobile service provider or the manufacturer of your device. Third-Party Cookies. In addition to the cookies The Waterfront delivers to your computer through this Site, certain third parties may deliver cookies to your computer for a variety of reasons. For example, we use Google Analytics, a web analytics tool that helps us understand how visitors engage with this Site.

To learn more about Google Analytics, click here. Other third parties may deliver cookies to your computer for the purpose of tracking your online behaviors across nonaffiliated Web sites and delivering targeted advertisements either on this Site or on other Web sites. 6 You have choices about the collection of information by third parties on this Site. For example, if you don’t want information about your visit to this Site sent to Google Analytics, you may download an Opt-out Browser Add-on by clicking here. Please note that the Add-on does not prevent information from being sent to The Waterfront. In addition, if you would like to opt-out of having interest-based information collected during your visits to this or other sites, please click here. You will be directed to an industry-developed Web site that contains mechanisms for choosing whether each participating entity may collect and use data for online behavioral advertising purposes. It may be that some of the third parties that collect interest-based information on this Site do not participate in the industry-developed opt-out website, in which case the best way to avoid third-party tracking of your online behaviors may be through your browser settings and deletion of cookies.

Location of this Site This website is hosted and operated in the United States. However, we and our service providers may store information about individuals in the United States, or we may transfer it to, and store it within, other countries. Visitors from jurisdictions outside the United States visit us at their own choice and risk. If you are not a resident of the United States, you acknowledge and agree that we may collect and use your personal information outside your home jurisdiction, and that we may store your personal information in the United States or elsewhere. Please note that the level of legal protection provided in the United States or other non-European countries from which you may access our website may not be as stringent as that under European Union privacy standards or the privacy laws of other countries, possibly including your home jurisdiction. How long do we retain your personal information? We will keep your personal information for the period necessary to fulfil the purposes described in this Privacy Policy, unless a longer retention period is permitted or required by law. Third party links Occasionally, at our discretion, we may include or offer third party products or services on our Site. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. We urge you to read the privacy policies of other websites before submitting any information to those websites.

How do we protect your information?

M & J – BIG WATERFRONT TOWN CENTER I, LLC has implemented reasonable physical, technical, and administrative security standards to protect personal information from loss, misuse, alteration, or destruction. We strive to protect your personal information against unauthorized access, use or disclosure, using security technologies and procedures, such as encryption and 7 limited access. However, the storage and communication of personal information can never be completely secure. We do not guarantee that information that you transmit or otherwise supply to us, or any communications conducted on or through the Site, is or will be totally secure. If you become aware of any breach of Site security or this Privacy Policy, please notify us. We and our service providers may store information for as long as needed for the purposes indicated in this Privacy Policy. Your California privacy rights California Civil Code Section § 1798.83 permits users of our Apps that 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 send an email to Tamar Feinson at tfeinson@bigcentersusa.com

In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by these California privacy rights requirements and only information on covered sharing will be included in our response. This request may be made no more than once per calendar year. Do we collect information from children? Our Site is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on the Site or on or through any of its features, including your name, address, telephone number, or e-mail address. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at wordpress@waterfrontpgh.com. Contacting us For any questions, or to request further information regarding this Privacy Policy, please contact us at wordpress@waterfrontpgh.com.

Changes to our privacy policy It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by e-mail and/or possibly through a notice on our Site’s home page. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and 8 deliverable e-mail address for you, and for periodically visiting our Site and this Privacy Policy to check for any changes.