PRIVACY POLICY

Revised August 29, 2016

This Privacy Policy sets out the privacy practices of www.rpai.com (the “Website’) which is owned by Retail Properties of America, Inc. (“RPAI” or “we”). This Privacy Policy applies only to information we collect at and through our Website. It summarizes the types of information that RPAI gathers and how that information is used while you are using our Website. Your use of the Website constitutes your unconditional agreement to the terms of our Privacy Policy and our Terms of Use. This Privacy Policy does not apply to information you may provide to RPAI or that RPAI may collect offline and/or through other means such as a through mail, telephone or personal conversation.

Please read our Privacy Policy carefully.

Information Collection & Use
RPAI collects personally identifiable information from our users through various means.

Tenants/Potential Tenants/Potential Buyers or Sellers
In the Property Management section of our Website, tenants can report center operational issues, report sales, update insurance and contact information in connection with their lease. In the Leasing section of our Website, potential tenants can submit their contact and business details when submitting a leasing inquiry. In the Acquisitions and Dispositions section of our Website, potential transaction counterparties can submit their contact and property details. In all cases, the information submitted may contain personally identifiable information, such as your name, email address and telephone number. Information that you submit will be used to provide services to you and/or used by RPAI as is permitted by applicable law and your lease, as applicable. We may also use this information to contact you if we have questions regarding the information submitted or your lease, as applicable.

Investors
In the Investor Relations section of our Website, users can request information and request email notifications. As such, users are required to submit personally identifiable information such as your name, telephone, email address and mailing address. This investor portion of the website is currently managed and operated by a third party service provider for RPAI identified at the bottom of the main investors relations page ("IR Provider"). We and/or the IR Provider use this information to provide the information requested. You can learn more about IR Provider and its terms and conditions by clicking the relevant links at the bottom of the Investor Relations page and on the IR Provider’s website.

Information Collected Automatically
We gather certain information automatically when you use our Website. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, and pages viewed. We use this information, which does not identify individual users, to analyze trends, to administer the Website, to track users’ movements around the Website and to gather analytic information about our user base as a whole. We do not link this automatically-collected data to personally identifiable information.

Google Analytics
The information collected automatically, as described above, is collected primarily through our use of Google Analytics to help analyze how users use the Website. The Google Analytics tool uses "cookies," which are text files placed on your computer, to collect standard internet log information and visitor behavior information in an anonymous form. The information generated by the cookie about your use of the Website (including IP address) is transmitted to Google. This information is then used to evaluate visitors' us of the Website and to compile statistical reports on website activity for RPAI. For more information regarding Google Analytics please visit Google's website, and pages that describe Google Analytics, such as www.google.com/analytics/learn/privacy.html.

Cookies
When you visit our Website we send one or more “cookies” to your computer or other device. A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. Cookies may store unique identifiers, user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies.

Information Sharing and Disclosure/Links to Other Sites
The Website may contain links to third party websites. When you click on such links, you will leave RPAI’s Website. RPAI is not responsible for the privacy practices of other websites or third party service providers. Please read the privacy policies and terms and conditions of these other websites before providing any personally identifiable information.

Legal Proceedings
We will share personal information with third party companies, organizations or individuals outside of RPAI if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:

• Meet any applicable law, regulation, subpoena, legal process or enforceable governmental request.
• Enforce applicable Terms of Use, including investigation of potential violations.
• Detect, prevent, or otherwise address fraud, security or technical issues.
• Protect against harm to the rights, property or safety of RPAI, our users, customers or the public as required or permitted by law.

Transfer in the Event of Sale or Change of Control
If the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business of the Website to a third party, we may transfer your personal information to the new owner to be used consistent with this Policy. In such a case, unless permitted otherwise by applicable law, your information would remain subject to the terms hereof. 

Security
Although we endeavor to protect your personally identifiable information, the internet is not a 100% secure environment, so we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Please note that e-mails and other submissions and communications you send to us through our Website are not encrypted, and we strongly advise you not to communicate any confidential information through these means. We will not be responsible or liable for any damages, losses or causes of action arising out of or in connection with the disclosure of your personally identifiable information.  

Children
Our Website is not intended or designed to attract children who are under the age of 13. We do not knowingly solicit, collect, use or retain personally identifiable information for any purpose from visitors under the age of 13. We will delete any records of such personally identifiable information that is brought to our attention.

Changes to Our Privacy Policy
Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your consent in accordance with applicable law. We will post any privacy policy changes on this page.

LIMITATION OF LIABILITY AND DISCLAIMERS

IN NO EVENT SHALL RPAI, ITS SUBSIDIARIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS OR BUSINESS INTERRUPTION, AND INCLUDING DAMAGES CAUSED BY ANY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR COMPUTER VIRUS) THAT ARE RELATED TO THE USE OF OR THE INABILITY TO USE THE CONTENT, MATERIALS AND FUNCTION OF THE RPAI WEBSITE OR ANY LINKED WEBSITE, EVEN IF RPAI IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS. 

Applicable Laws

The Privacy Policy shall be governed by and construed under the laws of the State of Illinois without regard to conflicts of laws principles. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS PRIVACY POLICY, THE RPAI WEBSITE OR THE USE OR ACCESS THEREOF SHALL BE IN THE STATE OR FEDERAL COURT LOCATED IN COOK COUNTY, ILLINOIS.

TERMS AND CONDITIONS OF USE

Modified August 29, 2016

Welcome to the website of Retail Properties of America, Inc. (“RPAI”, “we” or “us”).  

Your visit to this website is subject to these terms and conditions of use (“Terms of Use”), the Privacy Policy set forth on our website (“Privacy Policy”), and any other terms and conditions on the website that may govern particular offers or features (“Additional Terms and Conditions,” together with these Terms of Use and the Privacy Policy, form the “Agreement”). Your use of this website constitutes your unconditional agreement to follow and be bound by this Agreement, as may be amended or supplemented from time to time, without prior notice. Your use of this website following any such amendments or supplements constitutes your agreement to be bound by this Agreement, as amended or supplemented. You are responsible for reviewing this Agreement each time you use or access our website. If you do not agree to this Agreement, you are not permitted to use or access this website. 

Use

RPAI’s website and its contents are intended solely for personal use. Unless otherwise explicitly specified, all content on the RPAI website is protected by copyrights, trademarks, service marks and/or other intellectual property rights owned, controlled or licensed by RPAI or by third parties who have licensed their materials to RPAI and are protected by U.S. and international intellectual property laws. The compilation of all materials on this RPAI website is the exclusive property of RPAI or its licensors and is protected by U.S. and international copyright laws.  RPAI grants you permission to view, download, reproduce, and retransmit information posed on RPAI’s website (“RPAI Information”), subject to the following terms and conditions: 

• You may download, reproduce and retransmit RPAI Information solely for your personal use or for non-commercial purposes within your organization.
• You do not use the RPAI Information in a manner that suggests an association with us.
• You must retain and reproduce each and every copyright notice or other proprietary rights notice contained in RPAI Information you download, reproduce or retransmit.
• You may not transfer RPAI Information to any other person unless you give them notice of, and they agree to accept, the obligations arising under this Agreement.
• RPAI Information may contain or reference trademarks, service marks or other proprietary rights of RPAI and/or other parties, including without limitation, the tenants of our properties. No license to or right in any such trademarks or other proprietary rights of RPAI, its tenants and or other parties is granted to or conferred upon you. 
• You shall not use or access the RPAI website (i) for any purposes that is unlawful or prohibited by this Agreement, (ii) in a manner that could damage, disable, overburden or impair any RPAI server or the networks connected to any RPAI server, (iii) in a manner that could interfere with any third party’s use and enjoyment of the RPAI website, or (iv) in an attempt to gain unauthorized access to accounts, computer systems or networks connected to any RPAI server through hacking, password mining or other means.

With the exception of the foregoing limited authorization and subject to the terms thereof, RPAI has not granted or conferred to you (i) any license or permission to view, download, reproduce or retransmit information or (ii) any right in any copyright, trademarks, services marks and/or other intellectual property rights of RPAI or of any other party.

Submissions and other Communications
The RPAI website permits submission of information from our investors, tenants, potential tenants and potential transaction counterparts.  The terms of this Agreement and the RPAI website govern all submissions.  Notwithstanding, in the event you are a tenant and you submit information to RPAI through the RPAI website, all such submissions shall be governed under the terms of and conditions of your lease, as supplemented by this Agreement.  In the event of a conflict between your lease and this Agreement, the terms of your lease shall prevail.

In connection with your use of the RPAI website, you consent to RPAI recording any communication, electronic or otherwise, between you and RPAI and retaining any information and data you submit while using the RPAI website.

In using the RPAI website, you may be permitted to communicate electronically with RPAI by sending electronic mail to RPAI; however, you acknowledge and agree that only general information or inquiries may be submitted to RPAI and any other submissions or communications on or through the RPAI website may be submitted only in accordance with the express instructions set forth on the RPAI website for such submissions or communications. Do not send any time-sensitive communications to RPAI through the RPAI website as RPAI cannot be responsible for responding to any such communications.

By transmitting information through the RPAI website, you accept the risk that such information, as well as any information that we transmit to you, may be intercepted by third parties. In addition, messages that you send to us by email may not be secure.  Do not send any confidential information to us by email. If you choose to send any confidential information to us via email, you accept the risk that this information may be intercepted by a third party.

User IDs/Passwords
Use of certain features on the RPAI website may be limited and/or require registration, including a user name and password.  RPAI shall have the right, in its sole discretion, to refuse or restrict anyone from access to the RPAI website, or any features thereof, at any time for any reason. You agree to notify RPAI immediately about any unauthorized use of your password or any breach of security.  You further agree that RPAI shall not be responsible for your failure to comply with the terms hereof or any loss or damage arising out of, or related to, the use of your password by you or anyone other than RPAI.

Links

Links to the RPAI website are not permitted without the prior written consent of RPAI.  Additionally, RPAI is not affiliated or associated with the sponsors, owners or producers of any third-party web sites linked to or from the RPAI website. These linked sites are provided for your convenience only and are not under the control of RPAI.  RPAI explicitly disclaims any responsibility for the accuracy, content or availability of such third-party sites. RPAI does not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any third party site. In no event shall RPAI be liable, directly or indirectly, to anyone for any damages or losses arising from or relating to the use of or reliance on any linked third-party site or any link contained on such site.  If you decide to access any third party website linked to RPAI’s website, you do so entirely at your own risk and subject to the terms and conditions of use for such website. 

Solely Intended for United States Users

The RPAI website is controlled, operated and administered by RPAI, which is based within the United States.  RPAI makes no representation that materials on the website are appropriate or available for use outside of the United States and access to them from territories or countries where their contents are illegal is prohibited.  You may not use this website or export RPAI Information in violation of United States regulations and laws.  If you access this website from a location outside of the United States, you are responsible for compliance with all local laws.

Termination
RPAI shall have the right to terminate your access to, and use of, the RPAI website and its services, if, in its sole discretion, RPAI believes that your conduct fails to conform with the terms of this Agreement. RPAI also reserves the right to investigate suspected violations of this Agreement. 

Disclaimer
THE RPAI WEBSITE IS PROVIDED BY RPAI ON AN “AS IS” AND “AS AVAILABLE” BASIS. RPAI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE RPAI WEBSITE OR THE INFORMATION INCLUDED ON THE RPAI WEBSITE. RPAI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. RPAI DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE RPAI WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE RPAI WEBSITE OR THE SERVER THAT MAKES THE RPAI WEBSITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. RPAI DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THIS RPAI WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS RPAI WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK.

Limitation of Liability
IN NO EVENT SHALL RPAI, ITS SUBSIDIARIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS OR BUSINESS INTERRUPTION, AND INCLUDING DAMAGES CAUSED BY ANY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR COMPUTER VIRUS) THAT ARE RELATED TO THE USE OF OR THE INABILITY TO USE THE CONTENT, MATERIALS AND FUNCTION OF THE RPAI WEBSITE OR ANY LINKED WEBSITE, EVEN IF RPAI IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS.

Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD RPAI, ITS SUBSIDIARIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, ACTIONS, CAUSES OF ACTION, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO (I) YOUR USE OF THE RPAI WEBSITE AND/OR (II) YOUR BREACH OF ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT.

Applicable Laws
This Agreement shall be governed by and construed under the laws of the State of Illinois, without regard to conflicts of laws principles. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE AGREEMENT, THE RPAI WEBSITE OR THE USE OR ACCESS THEREOF SHALL BE IN THE STATE OR FEDERAL COURTS LOCATED IN COOK COUNTY, ILLINOIS.

Commencement of Actions
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE RPAI WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.

Miscellaneous
The failure of RPAI to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit RPAI’s rights with respect to such breach or any subsequent breaches. Neither the course of conduct between the parties nor trade practice shall act to modify this Agreement. RPAI may assign its rights and duties hereunder to any party at any time without any notice to you. This Agreement may not be assigned by you without RPAI’s prior written consent. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.