California Privacy Protection Act (CCPA)
Last updated: September 30, 2020
MOAC Mall Holdings LLC, MOA Entertainment Company LLC, and MOAC Mall Holdings LLC, MOA Entertainment Company LLC, and North Pad Development, LLC (“MOA”) shall mean any of the foregoing entities), including any entity that controls Mall of America®, is controlled by Mall of America or is under common control with Mall of America (each an “Affiliate”) (collectively, “MOA,” “we,” “us,” or “our”), are committed to protecting your privacy and demonstrating care and respect with regard to our treatment of any Personal Information we may obtain from you.
Information We Collect
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or device (“personal information”). In particular, we have collected the following categories of personal information from individuals within the last twelve (12) months:
Category Examples Collected
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
C. Protected classification characteristics under California or federal law.
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
D. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
E. Biometric information.
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
F. Internet or other similar network activity.
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
G. Geolocation data.
Physical location or movements.
H. Sensory data.
Audio, electronic, visual, thermal, olfactory, or similar information.
I. Professional or employment-related information.
Current or past job history or performance evaluations.
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
K. Inferences drawn from other personal information.
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
For the purposes of assessing information under the CCPA, personal information does not include:
- Publicly available information obtained from government records;
- De-identified or aggregated consumer information;
- Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; or
- certain personal or financial information covered under certain sector-specific privacy laws.
We obtain the categories of personal information listed above from the following categories of sources:
- Directly from our customers/consumers of goods and services through the use of our online store, visitors to our entertainment parks and visitors to our retail sites. For example, from documents that our customer/visitors provide to us related to the services that they engage us to provide;
- Directly and indirectly from activity on our websites or through our services including our online stores, ticket sales to our entertainment parks/attractions and consumer participation in promotions, events, and contests. For example, details regarding submissions through our website or via website usage details may be collected automatically.
- From third parties that interact with us in connection with the services we perform.
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
- To fulfill the services or provide the products for which the information is provided.
- To provide you with information, products, or services that you request from us;
- To provide you with email alerts, event registrations and other notices concerning our products, services, events, or news that may be of interest to you;
- To carry out our obligations and enforce our rights arising from any contracts entered into between consumers/visitors and MOA;
- To improve our website and present its contents to you;
- To improve our products, services and to present our offerings to you;
- As necessary or appropriate to protect the rights, property or safety of us, our consumers/visitors or others;
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
- As described to you when collecting your personal information or as otherwise set forth in the CCPA; and
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we utilize a contract that describes the purpose and requires the recipient to both keep that personal information confidential and to not use it for any purpose except as required to perform the contract.
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
California Customer Records personal information categories.
Protected classification characteristics under California or federal law.
Professional or employment-related information.
We disclose your personal information for a business purpose to the following categories of third parties:
- Service providers; and
- Third parties to whom you or your agents authorize us to disclose your personal information in connection with the products or Services we provide to you.
In the preceding twelve (12) months, we have not sold any personal information.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of personal information we collected about you;
- The categories of sources for the personal information we collected about you;
- Our business or commercial purpose for collecting or selling that personal information;
- The categories of third parties with whom we share that personal information;
- The specific pieces of personal information we collected about you (also called a data portability request); and
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- Sales, identifying the personal information categories that each category of recipient purchased; and
- Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
- Complete the transaction for which we collected the personal information, to provide the service or products that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
- Debug products to identify and repair errors that impair existing intended functionality;
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.);
- 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 the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent for the use of your personal information in such research;
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
- Comply with a legal obligation; and
- Make other internal and lawful uses of that information that are compatible with the context in which you provided the personal information.
Exercising Access, Data Portability, and Deletion Rights
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
- Calling MOA at PROVIDE CONTACT NUMBER 952-883-8800 or
- Emailing MOA at email@example.com.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative of that person and
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to the request.
We cannot respond to your request or provide you with personal information if we cannot verify your identity, or validate the authority and identity of the person registered with the California Secretary of State to authorized to act on your behalf, and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver the results of your request by your selected method, either mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without undue difficulty.
We do not charge a fee to process or respond to your verifiable consumer request unless such request is determined to be excessive, repetitive, or manifestly unfounded. If we determine that the request warrants such a fee, we will provide the basis for the decision to charge a fee and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your rights under the CCPA. Unless permitted by the CCPA, we will not:
- Deny you services;
- Charge you different prices or rates for products or services, including through granting discounts or other benefits, or by imposing penalties;
- Provide you a different level or quality of product or services; or
- Suggest that you may receive a different price or rate for products or services or a different level or quality of products or services.
Changes to Our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage.
Phone: (952) 883-8800
Mall of America
Attn: Privacy Officer
2131 Lindau Lane, Suite 500
Bloomington, MN 55425