DEFINITION OF PERSONAL INFORMATION
Non-Identifiable Information. Personal data that is de-identified and/or aggregated and cannot be associated with an identifiable individual is not considered to be personal information. Ivanhoé Cambridge reserves the right to conduct statistical analyses through the use of personal information and/or data collected, including the data collected from individuals who enter our properties, through our websites, mobile apps and/or Wi-Fi on an anonymous and/or aggregated basis in order to understand users’ interests, improve our services and measure interest in and use of our websites and/or mobile apps. Ivanhoé Cambridge reserves the right to provide its analyses based on such anonymous and/or aggregated data to third parties.
WHAT PERSONAL INFORMATION DO WE COLLECT?
Information Collected From or About You. In many cases, we collect personal information directly from you when you visit our premises, rent our premises or use our services, websites, mobile apps and/or Wi-Fi. You will therefore know when we collect this information. In some other cases, we may collect personal information from third parties (for example, from credit score companies or when conducting a background check) but always with your prior consent and/or as authorized by law. More specifically, we may collect personal information from you in the following situations:
- Guests. We may collect your name, contact information, email address and other similar type of information when you are interacting with us, for instance when you make an inquiry or contact us in person or through our websites, when you register to receive our newsletter, when you enter a contest or promotion, when you use our websites or Wi-Fi (if you chose to provide your information) or when you download and/or use our mobile apps or any of our applications. When you use our chat services, we will also collect your messaging content. When you use our guest services desks, for example when you are renting chariots or equipment from us, booking stylist services or purchasing gift cards, payment information may also be collected, although your credit card will not be stored on our systems.
- Tenants, as individuals: We may collect our tenants’ names, addresses, telephone numbers (office, home, cell), email addresses, credit reports, government issued identification, banking information, insurance policy numbers and other insurance information, access card photographs, as well as information about any any dispute between a consumer and a merchant;
- Suppliers and other business partners, as individuals. We may collect the names, addresses, telephone numbers (office, cell), email addresses, and in certain circumstances, personal information collected in the context of a background check (such as employment records, credit records and criminal records) of our suppliers or business partners;
- Employment Applications. We may collect the information which you have included in your resume when you submit a job application or when you apply for employment with Ivanhoé Cambridge.
Information Collected Automatically. In some cases, we may collect information automatically which may not necessarily identify you as an individual. For instance, we may collect the following type of information:
- Google Analytics: We use Google Analytics which allows us to see information on user online activities including, but not limited to, page views, source and time spent on our websites and/or mobile apps. This information is depersonalized and is displayed as numbers, meaning that it cannot be tracked back to individuals. You may opt out of our use of Google Analytics by visiting the Google Analytics opt-out page.
- Google AdWords: We use Google AdWords Remarketing to advertise Ivanhoé Cambridge across the Internet and to advertise on third party websites (including Google) to previous visitors to our websites. AdWords remarketing will display ads to you based on what parts of the Ivanhoé Cambridge websites you have viewed by placing a cookie on your web browser. It could mean that we advertise to previous visitors who haven’t completed a task on our site or this could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. This cookie does not in any way identify you or give access to your computer or mobile device. The cookie is only used to indicate to other websites that you have visited a particular page on our websites, so that they may show you ads relating to that page. If you do not wish to participate in our Google AdWords Remarketing, you can opt out by visiting Google’s Ads Preferences Manager.
- Geolocation Information. If you chose to use our mobile apps, some functionality or service (for example the “Never Get Lost” or “Live Mall Stream” services) may depend on the use of your geolocation information. We will only collect such information if you chose to use such functionality. We may send you notifications that you chose to receive, such as reminder alerts, deals, recommendations, weekly digests and parking prompt notifications. You may manage your notification preferences directly in the mobile apps. When you use our Wi-Fi, we may gather position data. You should note that your use of our Wi-Fi is also subject to our Wi-Fi Terms and Conditions of Use.
- Traffic, Anonymous Video Analytics and Device Count. In some cases, we may use cameras and other technologies in our malls to conduct anonymous video analytics (“AVA”) and anonymous traffic analysis. This allows us to track the number of individuals in our properties but does not allow us to identify any guests. We do not take or store any photo or video records of our guests. These technologies allow us to consider certain demographic information about our guests (such as gender and age) and their location within our properties, on an anonymous basis for the purpose of improving the mall experience of our guests. We may also track devices which have accessed and/or visited our properties or used our services, websites, mobile apps and/or Wi-Fi, on an anonymous basis, for similar purposes. We may use statistical data about traffic in our properties to help us manage our properties, including choosing the most appropriate tenants, and we may share this statistical information with our business partners, including our tenants.
- SMS and Webchat. When you use our chat services, we may collect meta data, such as your mobile phone number and date time stamps, linked to your interactions. We may also gather certain information automatically from electronic communications with you and store it in log files. This information may include IP addresses as well as browser, internet service provider, referring/exit pages, operating system, date/time stamp and click stream data.
- Social Media. If you sign into one of our websites, mobile apps or Wi-Fi using a social media account such as Facebook, we will collect information that you have added in your registration profile from those accounts and which is made available to us by default by Facebook. We may also collect personal information about you from social media networks that you participate in (“Social Media Channels”), but always in compliance with applicable privacy laws. You may also choose to participate in a third party application or feature (such as one of our Facebook or Twitter applications or a similar application or feature on a third-party website) through which you allow us to collect (or the third party to share) information about you, (including personal information) such as details of your friends/connections, “likes,” comments you have shared, groups and location. In addition, we may receive information about you (including your personal information) if other users of a third-party website give us access to their profiles and you are one of their friends/connections or information about you is otherwise accessible through your friends’/connections’ web page, profile page, or similar page on a Social Media Channel or other third-party website or interactive service. We may supplement the information we collect about you directly with the information we receive from third parties in order to enhance our ability to serve you, to tailor our content to you and send you details of promotions and/or offers which we believe may be of interest to you, always in compliance with applicable privacy laws.
- Vehicle Information. If you park on one of our properties, we may collect information about your vehicle for the purposes of managing our parking facilities, providing parking services, and enforcing our parking regulations.
WHY DO WE COLLECT PERSONAL INFORMATION?
Ivanhoé Cambridge collects personal information for general business-related purposes such as to help prevent fraud, unauthorized activities, claims and other liabilities and to ensure the security of our properties. We may also use personal information to authenticate the identity of individuals contacting us by telephone, electronic means or otherwise, for internal training and quality assurance, and to manage our business and ensure the efficiency, reliability and security of our systems and networks. We may also collect personal information for the following purposes:
- Guests: We collect personal information from guests to provide you with the information requested or to contact you in order to answer your questions, requests or inquiries, to administer the contest or promotion which you have entered, or to send you our newsletter if you have registered to receive a newsletter through one of our websites or our mobile apps, or if we have your implied consent to send you such communications. If you visit our websites, use our mobile apps and/or Wi-Fi, we will use the technical information collected to measure and monitor traffic to the websites and/or the mobile apps, improve the effectiveness of our websites and/or apps, or enhance the experience for our guests. Moreover, we may use the personal information collected from our guests to understand and assess their interests and changing needs with a view to improving our products and services and developing new ones, as well as to evaluate potential improvements or other modifications to the functionality of our websites and mobile apps.
- Tenants: We collect personal information from tenants to evaluate their creditworthiness, evaluate and process applications for tenancy, prepare leases and to provide tenants with relevant information and services throughout the term of the lease (including specialized services and memberships, such as for parking and fitness facilities). We may also use tenants’ personal information for emergency, security or incident reporting involving video, swipe card and other surveillance methods, for insurance, security and risk management purposes, and generally speaking, to establish, manage and terminate our business relationship.
- Suppliers and other business partners: We collect personal information from suppliers and other business partners to evaluate and select them, to initiate orders, process payments, maintain our business relationship, establish and maintain responsible business relations with clients and partners, provide ongoing service and manage risks.
- Applicants: We collect personal information from applicants for recruitment and other customary human resources purposes. For example, we may send you information about new job opportunities within Ivanhoé Cambridge, as well as other career development resources.
ELECTRONIC COMMUNICATIONS AND NOTIFICATIONS
You may receive the following type of electronic communications and notifications from Ivanhoé Cambridge:
- Electronic Notifications. You may receive electronic notifications for various purposes including to facilitate or confirm a transaction such as your subscription to our services, to provide you with information about your ongoing use of our services or your ongoing subscription or accounts, to inform you of any incident regarding the security of your information or in order to enforce a legal right or obligation.
- Commercial Electronic Messages. You may receive commercial electronic messages (CEMs) from Ivanhoé Cambridge if we have your consent to send you CEMs:
- Express Consent: You can verify that you have provided consent to Ivanhoé Cambridge (or verify the status of your consent) by reviewing your preferences in the Preference Centre. To access your profile in the Preference Centre, you must click on the link provided in the Ivanhoé Cambridge communications which you receive.
- Implied Consent: Ivanhoé Cambridge may infer your implied consent if: (i) we have an existing business relationship with you or had a business relationship with you which terminated less than two years ago (for instance, you have purchased our services, you have entered into a lease with us, you have registered to use our Wi-Fi, etc.); (ii) we have received an inquiry from you within the last 6 months; and/or (iii) you have provided your electronic address to Ivanhoé Cambridge and the CEM sent by Ivanhoe Cambridge complies with the Canadian Anti-Spam Legislation.
Exceptions to consent requirement. In certain circumstances, your personal information may be collected, used or disclosed without consent. These exceptional circumstances may include:
- where it is clearly in the interest of the individual and consent cannot be obtained in a timely way, such as in emergencies, where the life, health or safety of the individual is threatened, or where legal, medical or security reasons make it impossible or impractical to obtain consent;
- when information is being collected, used or shared for the detection, prevention of or remediation to, the breach of an agreement, fraud or other illegal activity, and the collection of consent might defeat the purpose of collecting the information; and
- to comply with a subpoena, warrant or other court order, requests received from law enforcement authorities, or as may be otherwise required or authorized by law or by any regulatory bodies having jurisdiction.
RIGHT TO WITHDRAW CONSENT
Consent may be withdrawn at any time, subject to legal or contractual restrictions and reasonable notice; however, without such consent, Ivanhoé Cambridge may in some cases limit the services it is able to provide you and/or Ivanhoé Cambridge may be prevented from entering into a business relationship, maintaining such relationship and/or interacting with you. You may also withdraw your consent as follows:
- Mail marketing, telephone marketing and quality control communications. You may decide that you prefer Ivanhoé Cambridge not to use your personal information to promote new and/or additional products and/or services which may be of interest to you, not to share your information with our affiliates, subsidiaries and retailers from our properties and refuse that we contact you by mail or telephone for marketing purposes or by email or telephone for quality control purposes. If this is the case, you may advise us by emailing us at [email protected].
- Commercial Electronic Messages. You can always limit the commercial electronic communications that Ivanhoé Cambridge sends to you. To opt out of commercial communications, simply click the “unsubscribe” or “opt-out” link at the bottom of any commercial electronic communication we send you. Please note that even if you opt out of promotional communications, we may still contact you when authorized by law, for instance with important information about our services, your information or account.
SHARING OF PERSONAL INFORMATION
Personal information about our users will not be sold or otherwise transferred to unaffiliated third parties without your approval. However, Ivanhoé Cambridge reserves the right to disclose personal information when authorized by law or as follows:
- Third-party service providers. We may hire service providers, which may be affiliates, to perform services on our behalf. This may include, without limitation, a person or an organization retained by Ivanhoé Cambridge to perform work on its behalf. We provide them with a limited amount of information which is necessary in order for them to provide the services required. They are prohibited from using the information for purposes other than to facilitate and carry out the services they have been engaged to provide. These service providers are not permitted to disclose this information to others.
- As permitted or required by law. From time to time, Ivanhoé Cambridge may disclose your personal information if such disclosure is necessary for the establishment, exercise or defense of legal claims, as part of the administration of our loss prevention program, or as otherwise permitted by law, for instance if Ivanhoé Cambridge is compelled to disclose personal information in response to a law, regulation, court order, subpoena, valid demand, search warrant, government investigation, other legally valid request or enquiry or if reasonably necessary to protect the rights, property and safety of others and ourselves. We may also disclose information to our accountants, auditors, agents and lawyers in connection with the enforcement or protection of our legal rights. We also reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful or to law enforcement and emergency service providers, in an emergency or where required or permitted by law.
- Business transaction. We may disclose personal information to a third party in connection with a corporate merger, acquisition, consolidation, the sale of a portion of our business, business unit or property, or other fundamental corporate change, whatever form it may take. However, in the event the transaction is completed, your personal information will remain protected by applicable privacy laws. In the event the transaction is not completed, we will require the other party not to use or disclose your personal information in any manner whatsoever and to completely delete such information.
- Applicants. If you complete and submit an employment application (including an online application found on our websites), you hereby consent to the disclosure of your completed on-line employment application to: (a) Ivanhoé Cambridge personnel; and to (b) the retailer who is a tenant of our properties and to whom such application is being made.
Only those Ivanhoé Cambridge employees or trusted third-party contractors who need access for business reasons or whose duties reasonably so require, will be granted access to personal information about our users.
RETENTION OF PERSONAL INFORMATION
LOCATION, STORAGE AND CROSS-BORDER TRANSFER
Your personal information is stored in secured locations and on servers controlled by Ivanhoé Cambridge or its service providers, located either at our facilities or at the facilities of our service providers. Notwithstanding the foregoing, Ivanhoé Cambridge and its third-party service providers may process or store your personal information outside of Canada. In accordance with the laws of those countries, in certain circumstances your personal information may be accessible by foreign law enforcement, regulatory bodies or other authorities. For more information about our practices and policies regarding the use of foreign service providers, please contact us as described below.
Ivanhoé Cambridge recognizes the importance of safeguarding the privacy of children and encourage parents to check and monitor their children’s use of online activities regularly. Our services (including our websites, mobile apps and/or Wi-Fi) are not aimed at nor intended for children under the age of thirteen (13). If you are under the age of thirteen (13), please do not use our services (including our websites, mobile apps and/or Wi-Fi), and if you are over the age of thirteen (13) but under the age of majority in the province in which you reside, you should use our services (including our websites, mobile apps and/or Wi-Fi) only with the involvement and permission of a parent or legal guardian. No personal information is purposefully or knowingly collected from children under the age of thirteen (13) by Ivanhoé Cambridge without parental consent.
UPDATING AND ACCESSING YOUR INFORMATION
CONTACTING IVANHOÉ CAMBRIDGE
ADDITIONAL PROVISIONS FOR THIS MOBILE APP
When you download and use the Mobile App to interact with us through the App Services, we collect personal information and other information from you, as further described below:
- Administering Your Mobile App Account: When you download our Mobile App and set up an account, we, and HqO acting on our behalf, will collect certain personal information from you such as, your email address and password, in order to create and administer your account. Additionally, we, and HqO acting on our behalf, will collect personal information you provide as a part of any support requests submitted via the “Help” sections of the Mobile App, including your name, email address, and the content of your request.
- Information Automatically Collected via the Mobile App: When you interact with Ivanhoé Cambridge through the Mobile App, we, and HqO acting on our behalf, automatically receive and store certain information regarding your actions taken within the Mobile App. Such information, which is collected using first-party tracking technologies known as JSON Web Tokens (JWT), cannot presently be used to specifically identify you and includes, but is not limited to, pages of the Mobile App used, content with which you interact, and events which you attended or in which you have expressed interest. This information may be pooled with other information to track, for example, the total number of users of our Mobile App and the number of users who visit and interact with each page of our Mobile App for the purposes of product development and improvement and to notify you about events and features that may be of interest to you. It is important to note that no personal information is available or used in this process.
- Aggregated Data: In an ongoing effort to better understand and serve the users of the App Services, Ivanhoé Cambridge may conduct research on customer and user demographics, interests and behavior based on the personal information and other information provided to us on the Mobile App. This research may be compiled and analyzed on an aggregate basis. Ivanhoé Cambridge may share this aggregate data, as well as anonymized and aggregated statistical and usage data, and data related to the functionality of the Mobile App, with its affiliates, agents and service providers, including HqO, to use and disclose for their own purposes, as permitted by applicable law, including for improving HqO’s existing products and services, developing new HqO products and services and for marketing purposes (e.g., indicating the number of customers using HqO products and services). This aggregate information does not identify you personally, nor can it reasonably be associated with you.
- provide you with information, products and services that you request from us;
- respond to an enquiry or other request you make when you contact us via the Mobile App, including for customer support;
- identify a user for authentication to the Mobile App;
- notify you about any changes to App Services;
- carry out our obligations arising from any contracts;
- issue a notice or corrective action to you in relation to any of the App Services, if required;
- help us improve the content, functionality, and security of the Mobile App and App Services, and to better understand how you use the App Services;
- provide you with information about events, promotions, features, or other services which we believe will be of interest to you similar to those that you have already attended, enquired about, or purchased; and
- share your personal information with third party providers of amenities offered through the App Services, if you chose to use such amenities, for example dry cleaning, chair massages, fitness classes, and salon appointments, in order to fulfill your requests, reservations, and contracts with these third party amenities providers.