Site and Privacy Policies

Last Updated: [August 25, 2022]

This Privacy Policy applies to Ayres Commercial Properties (collectively “Ayres Commercial”, “We”, “Our”, “Us”). This Privacy Policy explains how we collect, use and share the personal information that we gather on our websites at www.ayrescommercial.com and at our physical commercial property locations (the “Sites”) from commercial tenants. By continuing to use our Sites, you agree to the terms of this Privacy Policy.

In this Privacy Policy, the terms “Ayres Commercial,” “we,” and “us” refers to Ayres Commercial and its respective subsidiaries and affiliated companies. Please note that websites that are owned and operated by Ayres Commercial may contain links to digital properties that are owned and operated by other companies. This Privacy Policy does not apply to websites and services that are owned and operated by unaffiliated third parties.

Please note that our commercial tenants (e.g., stores, restaurants, and other retailers at our Ayres Commercial locations) may collect information from their customers directly and use it for their own purposes. If you are a customer of one of our commercial tenants, we encourage you to contact the relevant tenants directly for information regarding how they use and share your personal information.

Please click the following links to learn more about our Privacy Policy:

1. Privacy Policy Updates
2. Information Collection
3. Information Use
4. How We Share Your Information
5. Children’s Privacy
6. Cookies
7. Your Choices
8. How We Protect Your Information
9. Retention and Disposal of Your Information
10. Additional Disclosures for California Residents
11. Notice to Users Located Outside of the United States
12. Contact Us

1. Privacy Policy Updates

This Privacy Policy went into effect on the “Last Updated” date noted near the top of this page. We may update this Privacy Policy from time to time. We encourage you to periodically review this Privacy Policy to ensure you are familiar with the most current version.

2. Information Collection

As you use our websites, lease our commercial properties, or visit one of our commercial properties, we collect information about you and the services you use. The information we collect falls into two main categories: (1) information you voluntarily provide us; and (2) information we collect from you automatically.

The categories of information include:

• Contact information, such as name, address, zip code or location, email, telephone number and date of birth.
• Other identifiers, such as driver’s license or similar identification, for lease applications.
• Online identifiers, such as IP address, log data, cookies, and username and password, when you access our website or online commercial leasing platforms.
• Visual information, such as closed-circuit video surveillance cameras (“CCTV”) at our physical locations.
• Financial and commercial information, such as ACH, check, and other banking information for rental payments, and transaction histories for your commercial leases.
• Inferences drawn from the information above to create a profile about a commercial tenant’s preferences and characteristics.

3. Information Use

We use your personal information as follows:

• To provide you with our services, which involves leasing commercial properties to commercial tenants.
• To market our products and/or services to you.
• To analyze usage on our Sites and improve the services offered.
• For market research, project planning, troubleshooting problems.
• To enforce our terms, agreements, and policies.
• For detecting and protecting against error, fraud or other criminal activity.
• To comply with applicable laws.

4. How We Share Your Information

We share your information as needed to fulfill the purposes described in this Privacy Policy and as permitted by applicable law. This includes sharing with service providers to help perform business functions at our direction, sharing with your consent, sharing for marketing purposes, sharing as part of corporate transactions, and sharing to protect lawful interests.

We may share your information in the following circumstances:

(a) When We Work with Service Providers. We may share your information with service providers that provide us with support services, such as ACH, check and other bank processing, website hosting, email delivery, product and service delivery, or marketing and analytics services. We strive to contractually prohibit these service providers from retaining, using, or disclosing your confidential personal information for any purpose other than performing agreed upon services for us.

(b) When We Work on Business Transactions. If we become involved with a merger, corporate transaction or another situation involving the transfer of some or all of our business assets, we may share your information with business entities or people involved in the negotiation or transfer.

(c) When Sharing Is Necessary to Protect Safety and Lawful Interests. We may disclose your data in response to lawful requests by public authorities, including to meet law enforcement requirements. We may be under a duty to disclose or share your personal information in order to comply with any legal obligation, to enforce or apply our terms and conditions and other agreements, to protect our rights, property, or safety, or to protect the rights, property, or safety of others. This includes exchanging information with other companies and organizations for the purposes of fraud protection.

(d) When We Work with Marketing Service Providers. We may share your information with marketing service providers to assess, develop and provide you with promotions and special offers that may interest you, administer contests, sweepstakes, and events or for other promotional purposes.

(e) When You Give Consent. We may share information about you with other companies if you give us permission or direct us to share the information.

(f) When the Information Does Not Identify You. We may share your information in a way that does not directly identify you. For example, we may share information about your use of our websites and services in a manner that does not identify you, or we may combine information about the nature or frequency of your visits or purchases with similar information about other people and share the aggregated information for statistical analysis and other business purposes.

(g) When You Post on Our Websites or Social Media Pages. If you post information on a blog, social media page, or another part of our websites, the information that you post may be seen by other visitors to our websites, including your username.

5. Children’s Privacy

We recognize the privacy interests of children, and we encourage parents and guardians to take an active role in their children’s online activities and interests. Neither the Sites nor our services are intended for children under the age of 16. We do not target our services or these Sites to children under 16. We do not knowingly collect personally identifiable information from children under the age of 16. If we become aware that a child under 16 has provided us with personal information, we will take steps to delete such information.

6. Cookies

To make our Sites and services work properly, we sometimes place small data files called cookies on your device. A cookie is a small text file that a website saves on your computer or mobile device when you visit the site. It enables the website to remember your actions and preferences (such as login, shopping cart, or other preferences) over a period of time, so you do not have to keep re-entering them whenever you come back to the site or browse from one page to another. You may wish to restrict the use of cookies. Please be aware that some of the features of our website may not function correctly if you disable cookies.

Most modern browsers allow you to change your cookie settings. You can usually find these settings in the options or preferences menu of your browser. To understand these settings, the following links for commonly used browsers may be helpful:

• Cookie settings in Chrome
• Cookie settings in Firefox
• Cookie settings in Internet Explorer
• Cookie settings in Safari web and iOS

7. Your Choices

You have control over your promotional communications preferences, cookie settings, and more.

Promotional Communication Choices

We may use your personal information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all of these communications from us by following the unsubscribe instructions provided in any email we send, or you can contact us using the contact details provided in the “Contact Us” section below. You will continue to receive service-related messages concerning products and services you have purchased (unless we have indicated otherwise).

Privacy Rights

We believe in putting you in control of your personal information. Upon request we will provide you with information about whether we hold any of your personal information and how it is used. You may access, correct, or remove your personal information by contacting us as described in the “Contact Us” section below. As required by law for taxes and other record keeping purposes, we are unable to completely delete an account from our internal records.

“Do Not Track” Technology

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. We do not recognize or respond to browser-initiated DNT signals, as the Internet industry is currently still working toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT.

8. How We Protect Your Information

We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information. However, no website, application, or transmission can guarantee security. Thus, while we have established and maintain what we believe to be reasonable procedures to protect the confidentiality, security, and integrity of personal information obtained through the websites, we cannot ensure or warrant the security of any information you transmit to us. You are responsible for protecting your password(s) and maintaining the security of your devices.

9. Retention and Disposal of Your Information

We store personal information as needed to accomplish the purposes identified in this Privacy Policy and to meet legal requirements, including record retention, resolving disputes, and enforcing our agreements. Our retention of your personal information is governed by applicable law. When the information is no longer necessary for any of these purposes, we delete it or keep it in a form that does not identify you, unless we are required by law to keep this information for a longer period. This storage period may extend beyond the term of your relationship with Ayres Commercial.

10. Additional Disclosures for California Residents

We have listed the privacy rights for several U.S. state jurisdictions below, but we understand you may have additional rights in your jurisdiction. You may contact us directly at any time about exercising your data protection rights. We will consider your request in accordance with applicable laws.

Categories of Personal Information

In the preceding twelve months we may have disclosed these categories of personal information for a business purpose:

• Identifiers:
  • Sources of Information – We collect identifiers from the information you voluntarily provide to us; and from the information we automatically collect, as outlined in this Privacy Policy.
  • Purpose of Information Collected – We collect identifiers to provide our services; to communicate with you; for development and services improvement; and to comply with applicable laws, and as otherwise outlined in this Privacy Policy.
  • How we share it – We share identifiers with our service providers; to protect lawful interests; and for any other purpose with your consent, as otherwise outlined in this Privacy Policy.
• Personal information under California Civil Code section 1798.80:
  • Sources of Information – We collect Section 1798.80 information from the information you voluntarily provide to us; and from the information we automatically collect, as outlined in this Privacy Policy.
  • Purpose of Information Collected – We collect Section 1798.80 information for the purposes outlined in this Privacy Policy.
  • How we share it – We share Section 1798.80 information with our service providers; to protect lawful interests; and for any other purpose with your consent, as otherwise outlined in this Privacy Policy above.
• Commercial information:
  • Sources of Information – We collect commercial information from the information you voluntarily provide to us; and from the information we automatically collect, as outlined in this Privacy Policy.
  • Purpose of Information Collected – We collect commercial information to provide our services; to communicate with you; for development and services improvement; to comply with applicable laws, and as otherwise outlined in this Privacy Policy.
  • How we share it – We share commercial information with our service providers and our affiliates, as outlined in this Privacy Policy.
• Electronic network activity information:
  • Sources of Information – We collect network information through the information you voluntarily provide to us; and from the information we automatically collect, as outlined in this Privacy Policy.
  • Purpose of Information Collected – We collect network information to provide our services; to communicate with you; for development and services improvement; and to comply with applicable laws, and as otherwise outlined in this Privacy Policy.
  • How we share it – We share network information with our service providers; to protect lawful interests; and for any other purpose with your consent, as outlined in this Privacy Policy.
• Visual information:
  • Sources of Information – We may automatically collect visual information such as CCTV information, as outlined in this Privacy Policy.
  • Purpose of Information Collected – We collect visual information to enforce our terms, agreements, or policies; and with your consent, as otherwise outlined in this Privacy Policy.
  • How we share it – We share visual information to protect lawful interests, as outlined in this Privacy Policy.
• Inferences:
  • Sources of Information – We develop inference data through the information you voluntarily provide to us; and from the information we automatically collect, as outlined in this Privacy Policy.
  • Purpose of Information Collected – We develop inference data to provide our services; to communicate with you; for development and services improvement; and as otherwise outlined in this Privacy Policy.
  • How we share it – We share inference data with our service providers and to protect lawful interests, as outlined in this Privacy Policy.

Sensitive Categories of Personal Information

• Financial account data:
  • Sources of Information – We collect financial account information from the information you voluntarily provide to us, as outlined in this Privacy Policy.
  • Purpose of Information Collected – We collect financial information to provide our services; and as otherwise outlined in this Privacy Policy.
  • How we share it – We share financial account information with our payment service providers, as outlined in this Privacy Policy.
• Account log-in data:
  • Sources of Information – We collect account log-in information from the information you voluntarily provide to us; and from the information we automatically collect, as outlined in this Privacy Policy.
  • Purpose of Information Collected – We collect account log-in information to provide our services; to communicate with you; for development and services improvement; and to comply with applicable laws, and as otherwise outlined in this Privacy Policy.
  • How we share it – We share account log-in information with our service providers and to protect lawful interests, as outlined in this Privacy Policy.

How We Sell Your Information – In the preceding twelve months we have not sold personal information. We do not sell your personal information.

Your Rights

Access to Specific Information and Data Portability Rights – Subject to certain exceptions, you have the right to request a copy of the personal information that we collected about you during the 12 months before your request. Once we receive your request and verify your identity, we will disclose to you:

• The categories of personal information we have collected about you;
• The categories of sources for the personal information we have collected about you;
• Our business or commercial purpose for the information collection;
• The categories of third parties with whom we share that personal information;
• The specific pieces of personal information we collected about you.

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 (e.g., information we need to maintain on file for our commercial leases).

Correction Rights – You have the right to request that we correct any of your personal information that we collected from you and retained, subject to certain exceptions.

Opting Out – As described in “How We Sell Your Information” above, residents of certain states have the right to opt-out of having their personal information sold.

Non-Discrimination – Residents of certain states may not receive discriminatory treatment by the business for exercising your privacy rights.

Exercising Access, Correction, Data Portability, and Deletion Rights – To exercise the access, correction, data portability, and deletion rights described above as a California resident, please submit a verifiable consumer request to us by either calling us at 888-342-9737; or by contacting us at [email protected]. Please note that to verify your request, we may require you to verify personal information that we already have on file for you or to provide additional information.

Use of an Authorized Agent to Submit a Request – Only you or a person you formally authorize to act on your behalf, may make a verifiable consumer request related to your personal information. If you use an authorized agent to submit such a request, we will require written proof that the authorized agent has been authorized to act on your behalf or a copy of the power-of-attorney document granting that right.

Direct Marketing – If you are one of our customers in California, you can request a notice disclosing the categories of personal information we have shared with third parties for the third parties’ direct marketing purposes. We do not share your information with third parties for their direct marketing purposes.

11.Notice to Users Located Outside of the United States

These Sites and the services on these Sites are targeted for users in the United States of America only. Any information you enter on these Sites may be transferred outside of your home country to the United States of America, which may not offer an equivalent level of protection to that required of your home country’s data protection laws.

12.Contact Us

If you wish to contact us or have any questions about or complaints in relation to this Privacy Policy, please contact us at the following contact details: 888-342-9737 or [email protected].