Updated Privacy Policy

This Privacy Policy (“Policy”) applies to this website https://www.derbystshops.com/ (the “Website”) and the Derby Street Insider App (collectively, the “Services”) owned and/or operated by WS Asset Management, Inc. and its affiliates (collectively, “WS Development,” “we,” “us,” or “our).

We know that your privacy is important to you, and we work hard to earn and keep your trust. We have created this Policy to let you know what information, including Personal Information, we collect when you use the Services, how we use and share the information we collect, and how we protect your privacy. For purposes of this Policy, “Personal Information” means 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, and as otherwise defined in applicable laws.

DERBY STREET SHOPS
92 – 98 Derby Street
Hingham, MA 02043
781-749-7800
derbystshops@wsdevelopment.com

Effective Date
September 30, 2024

This Policy is Part of Our Terms of Use
This Policy is part of the Terms of Use that govern your use of the Services. A link to our Terms of Use is provided at the bottom of each page of the Services.

Privacy Notices
This Policy may be supplemented or amended from time to time by “Privacy Notices” posted on the Services. These Privacy Notices provide a level of detail that we cannot provide in this more general description of our privacy practices. For example, certain pages of the Services may contain Privacy Notices providing details about the information we collect on those pages, why we need that information, and choices you may have about the ways we use that information.

If you are a California resident, you have additional rights as described here.

Types of Information We Collect
Information You Manually Provide. Derby Street Shops collects the information you manually provide (using your keyboard, mouse, or touchpad) when you use the Services. For example, we collect the information you submit when you register with the Services, participate in a contest, sign up for our newsletters, comment on a news item, or contact us with questions. Some of the information you manually provide may be Personal Information, such as your name and contact information.

Information From Third-Party Social Media Platforms. You may be able to register with, log on to, or enhance your profile on the Services by choosing to automatically populate the requested data 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 the Services 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 the Services. For example, we may use these technologies to:

collect information about the ways visitors use the Services, such as which pages they visit, which links they use, and how long they stay on each page;
support the features and functionality of the Services, 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 the Services; 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 the Services, you may be unable to use all of the functionality of the Services 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 the Services. 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 the Services. 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.

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.

The information we receive from your mobile device is not personally identifiable, but we may link it to information that identifies you.

Information about your Participation in the Insider Program. Information about which participating merchants you have earned rewards, and the values of those rewards as calculated from your Transaction Data will be collected.

Transaction Data

When you choose to participate in our Derby Street Insider program by enrolling an eligible payment card (i.e., Visa or Mastercard) (an “Enrolled Card”), the corresponding card network with your consent will monitor transactions on your Enrolled Card and share with us and with Olive Group Ltd. (“Olive”) transaction data and a token representing your Enrolled Card. Notwithstanding anything to the contrary in our Terms of Use, or this Privacy Policy, WS Development and Olive will use this transaction data solely to:

enable card linked offers;
identify offers that may be of interest to you based on location;
provide program notifications to you;
investigating any discrepancies in redemptions within the app; and
report in aggregate to merchants the success of their own offers in Derby Street Insider program.

Third-Party Cookies
In addition to the cookies Derby Street Shops delivers to your computer through the Services, 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 the Services. To learn more about how Google uses information from sites or apps that use its services, 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 the Services or on other Web sites.

You have choices about the collection of information by third parties on the Services. For example, if you don’t want information about your visit to the Services 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 Street. 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 the Services 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.

To read more about our cookie policy, click here.

How We Use Personal Information Collected Through This Services

Generally, we use the Personal Information we collect through the Services:

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 the Services;
to provide you with effective customer service;
to improve the content, functionality and usability of the Services;
to contact you with information and notices related to your use of the Services;
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.

We also use data from your participation in the program for the enumerated purposes set forth above. Please see below for information about the choices you have about the ways we use your Personal Information.

Your Choices
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 the Services. 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 can opt out of promotional emails we send you at any point. If you wish to stop receiving promotional emails, simply select “unsubscribe” located at the bottom of each communication.

Do Not Track Mechanisms. Because of the changing state of technology and indecision within the industry regarding the meaning of Do Not Track signals, we currently do not recognize such signals.

Previously Expressed Preferences. You may change previously expressed preferences regarding how we use your information. If you have registered with the Services 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.

How to Access, Update or Correct Your Personal Information
If you have registered with the Services or downloaded our mobile app, you may be able to access, update, or correct your information through your account settings. Otherwise, you may need our help. If you wish to access, update, or correct your information, please contact us using the information provided above. We will respond to you within a reasonable time and, in any case, within the time limits established by applicable law. We may ask you for additional information to verify your identity where legally permitted. In most cases, we will provide access and correct or delete any inaccurate information you discover. In some cases, however, we may limit or deny your request as permitted by applicable law.

Steps We Take to Safeguard your Personal Information
We maintain reasonable administrative, physical, and technological measures to protect the confidentiality and security of Personal Information you submit on or through the Services. Unfortunately, no website, server or database is completely secure hacker proof. We therefore cannot guarantee the absolute security of your Personal Information.

How We Share Your Personal Information With Others

Other Users of the Services. You may be able to submit User-Generated Content (“UGC”) on or through the Services. 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 the Services.

With Affiliated and Third-Party Service Providers. This includes companies such as those that provide us technical support, data hosting, and other services. We may share your information with our service providers and other third parties who perform services on our behalf, such as infrastructure, analytics, marketing, and email services, and to provide support and connectivity when you choose to download one of our mobile apps from an official app store.

With Our Professional Advisors. We may disclose your information to our professional advisors such as legal counsel and accountants.

Third-Party Social Media Platforms. We may provide functionality on the Services that allows you to automatically post information about the actions you take on the Services 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 the Services 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 the Services 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 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, regulatory request, 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 the Services; 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 Notice. We reserve the right to disclose your Personal Information as described in any Privacy Notice posted on the Services page where you provide that information. By providing your Personal Information on that Services page you will be consenting to the disclosure of your Personal Information as described in that Privacy Notice.

Transaction Data. When you participate in the Derby Street Insider program with an Enrolled Card you will be asked to provide consent to have your transactions on that Enrolled Card monitored by the respective card network and for that card network to share certain details of the monitored transactions with us and Olive. Each party will access this transaction data from your monitored transactions. When your card is enrolled with the network, it is done so securely and directly with the card network. A unique identifier, a token, representing your Enrolled Card is used by the technology partners. We, Olive, and our partners, never see your Enrolled Card’s credit card number or related details. After enrollment, your transaction data and the unique identifier will be shared between us, Olive, and the card network associated with your Enrolled Card. No additional Personal Information is shared with these third parties about your account without your consent. You may choose to revoke your consent and opt-out of transaction monitoring on your Enrolled Cards at any time by going to your settings and disabling or removing the Enrolled Card from the Derby Street Insider program.

Children Under the Age of Eighteen
Please note that the Services are not intended for children or minors under the age of eighteen years without the permission of a parent or guardian. If you believe that a child has submitted Personal Information on or through the Services without the consent and supervision of a parent or guardian, please contact us using the information provided above.

Links to Other Services
The Services contain links to websites operated by other organizations, including websites operated by our third-party service providers and other third parties. This Policy does not apply to Personal Information collected on any of these third-party websites. When you access third-party websites through a link on the Services, please take a few minutes to review the privacy policy posted on that site.

This Policy May Change
This Policy describes Derby Street Shopping Center’s current policies and practices with regard to the information we collect through the Services.

We are continually improving and adding to the features and functionality of the Services. As a result of these changes (or changes in the law), we may need to update or revise this Policy. Accordingly, we reserve the right to update or modify this Policy at any time, without prior notice, by posting the revised version of this Policy behind the link marked “Privacy Policy” at the bottom of each page of the Services. The Policy updates will become effective as of the date of publication identified above. However, we will honor the terms that were in effect when we gathered data from you.

We will update the “effective date” at the top of this page whenever this Policy is changed. Be sure you check the effective date to see if this Policy has been revised since your last visit.

You may access the current version of this Policy at any time by clicking the link marked “Privacy Policy” at the bottom of each page of the Services.

Definitions
The terms Derby Street Shops, “Derby Street” “we,” “us,” and “our” refer to WS Development.

The term “Content” refers to all of the software and code comprising or used to operate the Services, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on the Services, including User-Generated Content.

The term “Feedback” refers to the Content you post on or through the Services that is specifically about how we can improve the Services and the products and services we make available through the Services.

The term “User-Generated Content” refers to all of the text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other Content that you post on or through the Services using the social networking tools we make available to you and that does not constitute Feedback. One way that User-Generated Content differs from other information you provide to us is that, once submitted, User-Generated Content is made available instantaneously to others. Examples of User-Generated Content include comments posted to discussion boards or beneath stories available on the Services.

PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

Effective Date: July 2020

This Privacy Notice for California Residents applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights act and accompanying regulations (collectively, the “CCPA”) and any terms defined in the CCPA have the same meaning when used in this Notice.

If you have any questions or comments about this notice, the ways in which we collect and use your information described here and otherwise in this Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

DERBY STREET SHOPS
92 – 98 Derby Street
Hingham, MA 02043
(781) – 749-7800
derbystshops@wsdevelopment.com

INFORMATION WE COLLECT

We collect the information described in the Information Collection section available to us through your use of the Services. We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“Personal Information”). Personal information does not include publicly available information from government records or deidentified or aggregated consumer information.

We may have collected the following categories of Personal Information from our consumers over the past 12 months in addition to those set forth in the Information Collection section above:

Identifiers: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name
Commercial Information: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
Internet or other similar network activity: Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement

Please visit Information Collection section for information on our sources for collection of Personal Information.

The precise geolocation data that we collect qualifies as Sensitive Personal Information under the CCPA. However, we do not use such information for purposes beyond those set forth in Cal. Code Regs. tit. 11 §7027(m).

USE AND DISCLOSURE OF PERSONAL INFORMATION

We do not sell your Personal Information as the term “sell” is defined by the CCPA however, we may disclose or share your Personal Information in certain circumstances.

Sharing Personal Information

From time to time, we may “share” certain Personal Information as the term is defined by the CCPA. In the previous 12 months, we have shared our list of contacts (including personal Identifiers) with third parties who are providing, sponsoring, or co-sponsoring events on our behalf or for their own purposes in order to

Deliver services, such as account maintenance, customer support, customer information verification, payment processing, analytics, and other related services.
Provide advertising and marketing services.
Ensure security and maintain system integrity.
Investigate app usage to identify and fix errors that affect the intended functionality.
Carry out internal research for technological development.

Disclosing Personal Information for a Business Purpose

Additionally, in the preceding 12 months, we have disclosed the following categories of Personal Information about our consumers to the following categories of third parties for a business purpose.

Category: Identifiers
Examples:A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name
Category of Third Party to whom Personal Information is Disclosed: May be shared with event organizers, sponsors or co-sponsors to promote WS Development, the organizer or sponsor, or any third party
Business Purpose for Disclosure:
- Deliver services, such as account maintenance, customer support, customer information verification, payment processing, analytics, and other related services.
- Provide advertising and marketing services.
- Ensure security and maintain system integrity.
- Investigate app usage to identify and fix errors that affect the intended functionality.
- Carry out internal research for technological development.

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 requested information, which may include:

The categories of Personal Information we collected about you in the past 12 months.
The categories of sources for the Personal Information we collected about you in the past 12 months.
Our business or commercial purpose for collecting that Personal Information
The categories of third parties to whom we disclose 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. 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.

The Right to Opt-out of the Sale or Sharing of your Personal Information

You have a right to opt-out of the sale or sharing of your Personal Information as such terms are defined by the CCPA. While we do not sell your Personal Information, you may opt out of the Sharing of your Personal Information by clicking on the “Do Not Share My Personal Information Link” located in the footer of our webpage or by contacting us as outlined below.

The Right to Non-Discrimination

You have a right not to receive discriminatory treatment for exercising your California privacy rights.

Right to Correct Inaccurate Information

You have the right to request that we correct any inaccurate Personal Information about you, considering the nature of the personal information and the purposes of the processing of the Personal Information. Upon a receiving such a request, we will use commercially reasonable efforts to correct the inaccurate Personal Information.

Exercising Access, Data Portability, and Deletion Rights

You have certain rights to access, update or correct your Personal Information as provided in Your Choices. In addition, to exercise the access, data portability, and deletion rights described in this Privacy Notice, please submit a verifiable consumer request by emailing us at derbystshops@wsdevelopment.com, filling out our webform, or writing to us at:

DERBY STREET SHOPS
92 – 98 Derby Street
Hingham, MA 02043
(781) – 749-7800
derbystshops@wsdevelopment.com

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may designate an authorized agent to make requests on your behalf. You must provide an authorized agent written permission to submit a request on your behalf, and we may require that you verify your identity directly with us. Alternatively, an authorized agent that has been provided power of attorney pursuant to Probate Code sections 4000-4465 may submit a request on your behalf.

You may make a verifiable consumer request for access or data portability only twice within a 12-month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify that you are the person about whom we collected Personal Information and confirm that you are a California resident. We may request additional information to verify your identity to the extent permitted by applicable law. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.

Financial Incentives

We do not assign a monetary value to the personal information we collect from Insider members in exchange for the benefits the Insider program offers, however, we do receive value in the form of customer loyalty and increased engagement with our tenants. In determining the value to Derby Street Shops, we considered the revenue and other benefits generated from activities related to the collection and retention of Insider members’ personal information, minus the expenses related to providing the Insider program and the benefits offered. This value will vary by member depending on purchases made, where those purchases are made which offers a member takes advantage of, and many other factors.

Opt-out Preference Signals

In addition to the privacy controls described above, we recognize Global Privacy Control signals where legally required. A Global Privacy Control (“GPC”) is a browser setting that a user can set in order to send a signal to each website visited regarding the user’s privacy preferences, such as not to share or sell user’s Personal Information. If your browser or browser extension has GPC enabled, we will automatically recognize that signal and opt you out of the sale of your personal information. For more information about GPC and how to implement GPC opt-out preference signals, please visit Global Privacy Control.

OTHER CALIFORNIA PRIVACY RIGHTS

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website 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 or write to us using the Contact Information section.

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 post the updated notice on the Website and update the notice’s effective date. Your continued use of our Services following the posting of changes constitutes your acceptance of such changes.

Last updated: September 30, 2024