The Forbes Company - Privacy Policy

PRIVACY POLICY

Last Updated and Effective as of: March 22, 2023

INTRODUCTION

Welcome to The Forbes Company. This website is owned by The Forbes Company LLC and its affiliates listed in the “Affiliated Companies” section below (collectively, “we”, “us,” “our” or “Company”). The following statements explain the policies we adhere to regarding the collection of data on our site https://www.theforbescompany.com (“Website”), as well as our information security and privacy standards. In addition, use of this Website is governed by, and subject to, the legal notices contained in the Terms and Conditions. Please note that this privacy policy does not apply to any other website unless it appears on that website.

IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU SHOULD NOT ACCESS OR OTHERWISE USE THE WEBSITE.

INFORMATION WE COLLECT

Our Website uses cookies and other trackers to collect certain data about you when you visit our site. “Cookies” are pieces of information that may be placed on your computer by a website for the purpose of collecting data to facilitate and enhance your communication and interaction with that website. The website may use cookies, a type of technology that installs a small amount of information on a website user’s computer or other device to permit a website to, for example, recognize future visits using that computer or device. The website may use other similar technologies (including, without limitation, tracking pixels, as described further below, and other anonymous identifiers) to gather information about you, such as IP addresses, to customize your visit, to enable us to enhance our service, or for other purposes. To stop, restrict or disable the placement of cookies, please see the “Opt-Out” section below.

We may work with third-party vendors who use the technologies described in this section to conduct website analytics to help us track and understand how visitors use the Website. One such provider is Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help analyze how users use the Website. The information generated by these cookies about your use (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Website, compiling reports on activity for its staff, and providing other services relating to web page activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. You may refuse the use of cookies by selecting the appropriate settings in your browser. By using the Website and accepting cookies, you consent to the processing of data about you by Google in the manner and for the purposes set out above. Please refer to the currently available opt-outs for Google Analytics by visiting https://tools.google.com/dlpage/gaoptout/.

As you use the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes referred to as “clickstream data,” can be collected and stored by a website’s server. Clickstream data can tell us the type of device and browsing software you use and the address of the website from which you linked to the service. We may collect and use clickstream data to anonymously determine how much time visitors spend on websites, how visitors navigate throughout websites and how we may tailor our service to better meet consumer needs. This information will be used to improve our services.

We also collect personal information that you voluntarily submit to us. Our Website allows you to contact us for leasing inquiries. We will only have the information you provide when you contact us, such as your name, address, email address, phone number, and anything else that you choose to share.

INFORMATION USAGE AND DISCLOSURE

We use your personal information for the following purposes:

• to provide you with our services;

• to respond to your direct inquiries;

• to add you to our mailing lists and send you emails from time to time;

• for security and fraud prevention;

• to comply with legal obligations; and

• to support core business functions.

Besides using your personal information ourselves for the reasons stated above, we may disclose your information to other companies, affiliates and third parties to help us process your information for the purposes set out in this privacy policy.

We may share your information with third parties such as website hosting, data analysis, e-mail delivery and other similar services. These third parties may have access to your information necessary to perform their functions, but may not use it for other purposes except as otherwise set forth in this privacy policy or as may be described to you. We may share your information with unaffiliated third parties, such as business partners. We may also share your personal information and other information with third parties in connection with a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the assets of the Company, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which the assets transferred may include information about the users of the Website.

Unless specifically described in this privacy policy or otherwise described to you, we will not sell your information to any third party not affiliated with Company without your consent.

Additionally, we may disclose your personal information as we believe necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; (g) to allow us to pursue available remedies or limit the damages that we may sustain; and (h) for legitimate business interests.

Please note that if you specifically consent to additional uses of your information, we may use your information in a manner consistent with that consent.

SECURITY

The security of your information is very important to us. We have put in place commercially reasonable physical, electronic, and managerial procedures designed to safeguard the information we collect. However, due to the inherent open nature of the Internet, we cannot guarantee that communications between you and Company, or information stored on the Website or our servers, will be free from unauthorized access by third parties such as hackers and your use of the Website demonstrates your assumption of this risk. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the Contact section below.

DATA RETENTION

We will retain your information for as long as needed to provide you with the services you requested and the Website and for a reasonable time thereafter in accordance with our standard procedures or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your information, we may continue to retain and use anonymous or aggregated data previously collected. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.

OPT-OUT

Opting Out Of Messages From Us

To opt-out of any future promotional messages from us, you should use the unsubscribe link included in an email or send an unsubscribe request to us at info@theforbescompany.com. We will process your request within a reasonable time after receipt.

Opting Out Of Cookies

If you want to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our Website or some of its functionality may be affected. Cookies and similar items are not used by us to automatically retrieve personally identifiable information from your device without your knowledge.

Note that cookie-based opt-outs must be performed on each device and browser that you wish to have opted out. For example, if you have opted out on your device browser, that opt-out will not be effective on your mobile device. Additionally, if you opt out on one of your devices, that opt out may not be effective on all of your devices. However, please be advised that cookie-based opt-outs are not effective on some mobile services.

INFORMATION RELATING TO CHILDREN

Our Website is intended for ages 18 and over. We do not knowingly collect Personal Information from children. When we become aware that such information (or other information that is protected under applicable law) from a child under 13 has been collected, we will use all reasonable efforts to delete such information from our database.

CROSS-BORDER DATA TRANSFERS

The Company is not presently subject to the U.S. state privacy laws that are currently in effect.

Similarly, the Company is not subject to the European Union’s (EU) General Data Protection Regulation (GDPR). Our Website is maintained in and only intended for users situated in the United States.. If you submit personal information to us, that information may be processed in a jurisdiction where privacy laws may be less stringent than those in your country of residence. By submitting your personal information to us, you agree to the transfer, storage, and processing of such information in foreign jurisdictions including, but not limited to, the United States. Please note that personal information transferred to the United States is subject to access by law enforcement.

MISCELLANEOUS

Accessibility

If you are having any trouble accessing this privacy policy, please review our Accessibility Guidelines and/or contact us by email at info@theforbescompany.com or by telephone at 248-827-4600 and ask for Linda McIntosh, identifying the website in question. Our hours of operations are Monday – Friday, 9AM to 5PM Eastern.

Changes To This Policy

We reserve the right, at our discretion, to change, modify, add, or remove portions from this privacy policy at any time. However, if at any time in the future we plan to use your personal information in a way that materially differs from this privacy policy, we will post such changes here or email you. We encourage you to periodically review the Website for the latest information on our privacy practices.

Contact Us

For questions or concerns relating to this privacy policy, we can be contacted at: info@theforbescompany.com.

AFFILIATED COMPANIES

The following companies are affiliates of The Forbes Company LLC:

• Forbes – Cohen Florida Properties LP dba The Gardens Mall

• Forbes Family-Waterside LLC

• Forbes Properties – Orlando LLC

• Forbes Taubman Orlando, LLC dba Mall at Millenia

• Forbes Waterside Associates, LLC

• Forbes-Cohen Development Co., LLC

• Frankel/Forbes-Cohen Associates, A MI Co-Partnership

• Somerset Collection Charitable Foundation

• Somerset Collection GP, Inc.

• Somerset Collection Limited Partnership dba Somerset Collection – Mall

• Somerset Mall Merchants Association, Inc.

• The Garden Promotional Fund, Inc.

• The Gardens Venture, LLC

• The Mall at Millenia Promotional Fund, Inc.

• Waterside at Pelican Bay, LLC

• Waterside Shops LLC dba Waterside Shops at Pelican Bay

• Waterside Shops Promotional Fund, Inc.

• F-T Waterside, LLC

• Forbes Group Waterside, LLC

• MWC HS Retail LLC

• Forbes Family HSR LLC