Terms of Use and Privacy Policy

(Effective January 1, 2020)

PLEASE READ THE FOLLOWING TERMS OF USE AND PRIVACY POLICY CAREFULLY:

You have reached a website owned and operated by American Assets Trust, Inc. (collectively, including its affiliates and subsidiaries, “AAT”, or “we”, or “us”, or “our”). By accessing and using our website and related links (“Website”), you agree to be bound to the following terms of use and privacy policy (“Terms of Use”).

For details on what personal information we collect and for what purposes, and your privacy right and how to exercise them, please scroll down to “California Privacy Notice”.

Securities of American Assets Trust, Inc.

AAT is not providing investment advice through this Website. The material on this Website should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of AAT. If you decide to use any material available on this Website in assessing whether to buy or sell securities of AAT, please be aware that the material on this Website reflects past performance and historical information only and that such performance and information is not necessarily an indication of future performance.

Forward Looking Statements

AAT cautions you that this Website may contain forward-looking statements within the meaning of the federal securities laws, which are based on current expectations, forecasts and assumptions that involve risks and uncertainties that could cause actual outcomes and results to differ materially.  Forward-looking statements relate to expectations, beliefs, projections, future plans and strategies, anticipated events or trends and similar expressions concerning matters that are not historical facts.  In some cases, you can identify forward-looking statements by the use of forward-looking terminology such as “may,” “will,” “should,” “"expects,” “intends,” “plans,” “anticipates,” “believes,” “estimates,” “predicts,” or “potential” or the negative of these words and phrases or similar words or phrases which are predictions of or indicate future events or trends and which do not relate solely to historical matters.  While forward-looking statements reflect AAT’s good faith beliefs, assumptions and expectations, they are not guarantees of future performance.  For a further discussion of these and other factors that could cause the AAT's future results to differ materially from any forward-looking statements, see the section entitled “Risk Factors” in the AAT’s annual report and other risks described in documents subsequently filed by the AAT from time to time with the Securities and Exchange Commission.  AAT disclaims any obligation to publicly update or revise any forward-looking statement to reflect changes in underlying assumptions or factors, of new information, data or methods, future events or other changes.

Intellectual Property

This Website is owned and operated by AAT. Unless otherwise specified, all materials appearing on this Website are the property of AAT, our content providers or our business partners. Except as otherwise expressly permitted on this Website, you may only view, download, print and retain a copy of pages of this Website provided that (1) your use of such information from this Website is for your informational, personal and non- commercial use only, (2) such information will not be copied, transferred or transmitted to another person or entity, posted on any network computer or broadcast in any media, (3) any copy of this information which you make shall retain all legal notices, disclaimers, copyright and trademark notices contained therein, and (4) no modifications of such information shall be made. Except as otherwise expressly permitted on this Website, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, modify, transmit or distribute any information from this Website in whole or in part without our prior written permission. The presence of any content on this Website does not constitute a waiver of any right in such content. You do not acquire ownership rights to any such content viewed through this Website. All rights not expressly granted herein are reserved.

Copyright

AAT does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.

If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Website or has been otherwise copied and made available on this Website in a manner that constitute copyright infringement, please notify us immediately at the address provided below. Your notice must be in writing and must include:

                an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;

                a description of the copyrighted work that you claim has been infringed;

                a description of where the material that you claim is infringing is located on this Website (including the URL, title and/or item number if applicable, or other identifying characteristics);

                your name, address, telephone number, and e-mail address, and, if you are not the owner of the copyright, the name of the owner; and

                a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

                a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.

Trademarks

The names and logos found within this Website, all product and service names, all custom graphics, all button icons, and all trademarks, service marks and logos appearing within this Website, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of AAT. All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Website are the property of their respective owners. You are not authorized to display or use any of AAT’s marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Website without the prior written permission of such owners. The use or misuse of any AAT or any other owners marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

Third Party Content and Links

This Website may contain links to other sites on the Internet that are owned and operated by our business partners, third party vendors or other third parties. Clicking on such a link to a third party site will cause you to leave this Website. The third party sites are not controlled by us and we are not responsible for the content of any third party site or any link contained in any third party site. This content is believed to be reliable, but AAT does not endorse or guarantee the accuracy or completeness of such content.  We do not represent or warrant that the content of these sites is accurate, legal, inoffensive, or free from viruses or other features that may adversely affect your computer. We are not responsible for any Webcasting or any other form of transmission received from any third party linked site. All third party links are provided to you as a convenience and the inclusion of any third party link does not imply endorsement by us of the third party site. By using this Website to link to another site, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of this Website to link to a third party site.

User-Generated Content

AAT does not control the user-generated content posted on or through this Website, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that user-generated content. You also agree and understand that by accessing this Website, you may encounter user-generated content that you may consider to be objectionable. We have no responsibility for any user-generated content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you claim was incurred as a result of the use of any user-generated content posted, e-mailed, transmitted or otherwise made available on or through this Website. The user-generated content posted on or through this Website expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views or opinions of AAT.  You are responsible for user-generated content that you post. Under no circumstances will we be liable in any way for any user-generated content.

AAT reserves the right (but does not assume the obligation) to monitor all user-generated content. We reserve the right to require that you avoid certain subjects, if we believe that doing so will help ensure compliance with applicable laws. We reserve the right (but do not assume the obligation) to remove or block any user-generated content at any time without notice at our sole and absolute discretion. We reserve the right to disclose any user-generated content and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of AAT or others, or to enforce these Terms of Use. In addition, we reserve the right (but do not assume the obligation) to terminate your access to and use of this Website, or to censor, edit or block your transmissions thereto in our sole discretion. You agree that our exercise of such discretion shall not render us the owners of user-generated content you post, and that you will retain ownership thereof as described above.

It is a condition of these Terms of Use that you do not:

                upload, post, transmit or otherwise make available

o   any user-generated content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another's privacy;

o   any user-generated content that constitutes or promotes any illegal activity, including, without limitation, any user-generated content constituting or encouraging conduct that would be a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;

o   any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Website;

o   any user-generated content that is false, misleading, or fraudulent;

o   any user-generated content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

o   any user-generated content that violates or infringes upon the rights of others, including user-generated content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;

o   any user-generated content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her/their express written authorization or (ii) that person is under eighteen years old but you are his/her/their parent or legal guardian;

o   any request for or solicitation of any personal or private information from any individual;

o   any request for or solicitation of money, goods, or services;

o   any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or

o   any user-generated content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;

                impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or

                violate any local, state, national or international law, rule or regulation.

By posting user-generated content, you represent and warrant that (i) you own or otherwise control all of the rights to the user-generated content and have the right to grant the license set forth in these Terms of Use; (ii) the user-generated content is accurate, and (iii) you are at least eighteen years old and you have read and understood and your user-generated content fully complies with these Terms of Use and applicable laws and will not cause injury to any person or entity.

User Responsibilities, Communications, Feedback, and Submissions

You agree not to use this Website or any content contained in it for any illegal or inappropriate activities. We welcome your comments and feedback regarding this Website, but under no circumstances should you send us any financial or sensitive personal information. In addition, we do not want and cannot accept any ideas, materials or suggestions you consider to be confidential or proprietary. Accordingly, all comments, feedback, ideas, suggestions and other similar submissions disclosed, submitted or offered to us using this Website or otherwise (collectively, “Submissions”) are not confidential and will become and remain our property. We shall be entitled to use, display, publish, reproduce, modify, transmit, sublicense, translate and create derivative works from and distribute Submissions in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, now known or created in the future, without compensation or any other obligation to the provider of the Submission. 

Information We Collect

We collect anonymous information about the use of this Website, such as the number of visitors, the length and time of their visits, the pages they view, the web browsers they use, and other similar information. Such anonymous data may be used by us and disclosed by us to third parties to improve this Website and to better understand your needs.

AAT collects certain personally identifiable information about visitors to this Website (including, among other things, your name, address and email address) only when provided by you to request information.

We may also require you to follow additional rules, guidelines or other conditions to sign up to use various special features or password-protected areas of this Website, to participate in certain promotions or activities available through this Website, or for other reasons. In such cases, you may be asked to expressly consent to these additional terms, for example, by checking a box or clicking on a button marked "I agree." This type of agreement is known as a "click-through" agreement. If any of the terms of a click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the "click-through agreement."

AAT does not intentionally collect information about children under the age of thirteen. If you are under the age of thirteen, please do not give us any personal information about yourself.

This Website does not currently use cookies to collect information about you or to identify you to our servers.

Personally Identifiable Information

To the extent you create an account through this Website, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided below. Until we are so notified you will remain liable for any unauthorized use of your account.  We reserve all rights and remedies available to us.

You agree to use this Website in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Website any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.

The personally identifiable information provided to us by visitors is used to respond to their inquires and/or requests for information.

AAT does not disclose any personally identifiable information provide by visitors to any third parties except under the following circumstances:

                Visitors specifically agree that we may provide their information to a third party.

                The employment of a third-party service provider to assist with sending information by email, mail or other means. In our contracts with these providers, they agree not to retain, share, store or use the disclosed personally identifiable information for any purpose other than as stated in the contract.

                The required disclosure of visitors personally identifiable information when required by law or if we have a good-faith belief that such action is necessary to protect our rights or property, to comply with a court order or subpoena, to cooperate with investigations by law enforcement or regulatory authorities or to participate in or cooperate with a judicial proceeding.

                In a merger, acquisition by another company, a sale of all or a portion of our assets, or other similar transaction, visitors personal identifiable information will, in most instances, be transferred to the control of a third party.

                In connection with public filings and/or public presentations or as may be required by any court or authority of competent jurisdiction, and/or deemed by AAT to be required or appropriate under any applicable law, including, without limitation, federal and state securities laws.

Security

We will take reasonable measures to protect the information provided to us by visitors of this Website. We do not currently encrypt your personally identifiable information.

Termination of Usage

We may terminate or suspend your access to all or part of this Website, without notice, for any conduct that we, in our sole discretion, believe is disruptive to this Website or is in violation of any applicable law or these Terms of Use.

Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Website. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or other appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms of Use, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend your access to this Website and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of these Terms of Use could subject you to criminal or civil penalties.

Applicable Law

The laws applicable to the interpretation of these Terms of Use shall be the Federal Law of the United States of America and the laws of the State of California, without regard to any conflict of law provisions. We make no representation that the content in this Website is appropriate for access outside of the United States of America. Those who choose to access this Website from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.

Disputes

You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state or federal courts of San Diego County, California, USA, and that you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms of Use may be brought by either party more than one year after the cause of action has occurred.

Please feel free to contact us regarding this Website or to resolve a complaint regarding any aspect of content or service relating to this Website as set forth below.

Privacy Policy

AAT respects the privacy of information that we obtain from visitors to this Website. It is our intention to balance our legitimate business interests in collecting and using information received from and about our visitors with their reasonable expectations of privacy.

California Privacy Notice

This notice reflects our good faith understanding of the law and our data practices as of the effective date posted (set forth above), but the California Consumer Privacy Act (“CCPA”) implementing regulations are not yet final and there remain differing interpretations of the law.  Accordingly, we may from time-to-time update information in this and other notices regarding our data practices and your rights, modify our methods for responding to your requests, and/or supplement our response to your requests, as we continue to develop our compliance program to reflect the evolution of the law and our understanding of how it relates to our data practices.

 

This California Privacy Notice (“Notice”) applies to “Consumers” as defined by the CCPA as a supplement to American Assets Trust, Inc.’s (collectively, including its affiliates and subsidiaries, “AAT”, or “Company” or “we”, or “us”, or “our”) other privacy policies or notices.  In the event of a conflict between any other Company policy, statement or notice including, without limitation, the Terms of Use, and this Notice, this Notice will prevail as to California Consumers and their rights under the CCPA.  Please see also any privacy policy or notice of general applicability posted or referenced on our websites, leases, community handbooks and properties including, without limitation, www.americanassetstrust.com.

 

This Notice covers the collection, use, disclosure, and sale of California Consumers’ “Personal Information” (or “PI”) as defined by the CCPA, except to the extent such PI is exempt from the notice obligations of the CCPA.  This Notice also covers rights California Consumers have under the CCPA, as well other notices to Californians required by other laws.  The description of our data practices in this Notice, as required by the CCPA, covers calendar year 2020 and will be updated at least annually.  Our practices in calendar year 2020 and beyond may change, however, if materially different such that we think a Consumer would reasonably expect notice we will provide notice in connection with the applicable collection, which may include reference to other applicable privacy policies and notices.

 

Consistent with the CCPA, job applicants, current and former employees and independent contractors (“Personnel”), and subjects of certain business-to-business communications acting solely in their capacity as representatives of another business, are not considered “Consumers” for purposes of this California Privacy Notice or the rights described herein. Publicly available information is also not treated as PI under the CCPA, so this notice is not intended to apply to that data and your Consumer privacy rights do not apply to that data.

 

Terms defined in the CCPA that are used in this Notice shall have the same meaning as in the CCPA.

PI We Collect

 

We collect PI about California Consumers, including the following, which reflects our 2019 data practices:

Category of PI

Examples of PI

Sources of PI

Business or Commercial Purposes for PI Collection

Identifiers

This may include but is not limited to: name, driver’s license or state ID number, postal address, Internet Protocol address, Social Security number or national identification number and details, passport number, email address, prior address, signature, or other similar identifiers.

 

·       You

·       Your email and social media accounts;

·       Your devices;

·       From other individuals, such as friends or family;

·       Publicly-available information;

·       Consumer reporting agencies;

·       Third parties (e.g., data brokers, background check services);

·       Vendors.

·       Delivering products or services;

·       Analytics;

·       Marketing;

·       Security and fraud prevention;

·       Debugging;

·       Research and development;

·       Quality assurance.

 

 

 

Personal Records

This may include information such as: account number and password, application and claims history, financial account information, resident names, contact information, payment card number, credit history, criminal history, date of birth, driving citations, emergency contact details, insurance policy information, or social media account details, status as victim of domestic violence, assault, or stalking.

 

·       You;

·       Business partners;

·       Your email and social media accounts;

·       Chat logs;

·       From other individuals, such as friends or family;

·       Publicly-available information;

·       Consumer reporting agencies; Contractors or consultants;

·       Third parties (e.g., data brokers, background check services);

·       Vendors.

·       Delivering products or services;

·       Analytics;

·       Marketing;

·       Security and fraud prevention;

·       Debugging.

Consumer Characteristics

This may include, but is not limited to: age, citizenship status, disability or medical condition, gender, gender identity and gender expression, marital status, military or veteran status.

·       You;

·       Business partners (non-vendors);

·       Contractors or consultants;

·       Publicly-available government data;

·       Third parties (e.g., data brokers, background check services);

·       Vendors.

·       Delivering products or services;

·       Analytics;

·       Marketing;

·       Security and fraud prevention;

·       Legal Compliance;

·       Debugging.

Customer Account Details / Commercial Information

This may include, but is not limited to: account profiles, records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

·       You.

·       Delivering products or services;

·       Analytics;

·       Marketing;

·       Research and development.

Internet Usage Information

This may include, but is not limited to: website history, browsing time, and information regarding your interaction with an Internet Web site, application, or advertisement.

·       You;

·       Your email and social media accounts;

·       Chat logs;

·       Vendors.

·       Delivering products or services;

·       Debugging;

·       Security and fraud prevention;

·       Analytics;

·       Marketing.

 

Geolocation Data

This may include, but is not limited to: precise physical location

·       You;

·       Your devices;

·       Your email or social media accounts.

·       Delivering products or services;

·       Analytics;

·       Marketing.

Sensory Data

This may include, but is not limited to: voice or video recordings.

·       You;

·       Created by us;

·       Your email account or social media accounts;

·       Chat logs;

·       From other individuals, such as friends or family

·       Delivering products or services;

·       Quality assurance.

Professional or Employment Information

 

This may include, but is not limited to: benefits and entitlements data, bonus payments, business unit / division, company / entity, compensation data, contract type - fixed term / temporary / permanent etc., corporate credit or debit card numbers, hours of work, job application details (e.g. application form, interview notes, references), job title / role, line / reporting manager, office location, personnel number, previous work history, qualifications / certifications, reference or background checks, salary / wage, salary / wage expectation, start date.

·       You;

·       Consumer reporting agencies;

·       Your email or social media accounts;

·       Chat logs;

·       Publicly-available government data;

·       Third parties (e.g., data brokers, background check services)

·       Delivering products or services;

·       Analytics;

·       Advertising;

·       Quality assurance.

Inferences from PI Collected

 

This may include, but is not limited to: inferences about abilities, attitudes, behavior, characteristics, predispositions, preferences.

·       You;

·       Your email and social media accounts;

·       Chat logs;

·       From other individuals, such as friends or family.

·       Delivering products or services;

·       Analytics;

·       Marketing;

·       Quality assurance;

·       Research and development.

 

As permitted by applicable law, we do not treat deidentified data or aggregate consumer information as PI and we reserve the right to convert, or permit others to convert, your PI into deidentified data or aggregate consumer information.  We have no obligation to re-identify such information or keep it longer than we need it to respond to your requests.

Sources of PI

We may collect your PI directly from you, your devices, your email or social media accounts, or from business partners (non-vendors), consumer reporting agencies, contractors or consultants, other individuals, such as friends or family, third parties (e.g., data brokers, background check services), and vendors, as well as public sources of data such as government databases. For more specifics tied to each category of PI, see the chart above.

Collection and Use of PI

Generally, we collect, use and disclose your PI to provide you services and as otherwise related to the operation of our business.  For more specific detail on our disclosures of PI, see the next section, Sharing of PI. We may collect, use and disclose the PI we collect for one or more of the following business purposes:

·       Providing Products or Services;

·       Processing Interactions and Transactions;

·       Managing Interactions and Transactions;

·       Research and Development;

·       Quality Assurance;

·       Security; and

·       Debugging.

 

Subject to restrictions and obligations of the CCPA, our vendors may also use your PI for some or all of the above listed business purposes.

We may collect, use and disclose your PI for additional purposes such as for interest-based advertising. In addition, we may collect, use and disclose your PI as required or permitted by applicable law. For more specifics tied to each category of PI, see the chart above.

 

Sharing of PI

We may share PI with our service providers, and others, including without limitation during calendar year 2019 as follows:

Category of PI

Categories of Third Parties

Business or Commercial Purpose for Disclosure

Identifiers

·       Legal counsel;

·       Public authorities / government bodies;

·       Service Providers

·       Delivering products or services (to perform services on behalf of AAT);

·       Marketing;

·       Analytics;

·       Legal compliance;

·       Quality assurance.

Personal Records

·       Legal counsel;

·       Public authorities / government bodies;

·       Service Providers

·       Delivering products or services (to perform services on behalf of AAT);

·       Marketing;

·       Analytics;

·       Legal compliance;

·       Quality assurance.

Consumer Characteristics

·       Legal counsel;

·       Public authorities / government bodies;

·       Service Providers

·       Delivering products or services (to perform services on behalf of AAT);

·       Marketing;

·       Analytics;

·       Legal compliance.

Internet Usage Information

·       Service Providers

·       Delivering products or services (to perform services on behalf of AAT);

·       Marketing;

·       Analytics.

Geolocation Data

 

·       Service Providers

·       Delivering products or services (to perform services on behalf of AAT);

·       Marketing;

·       Analytics;

·       Quality assurance.

Sensory Data

·       Legal counsel;

·       Service Providers

·       Delivering products or services (to perform services on behalf of AAT);

·       Marketing;

·       Analytics;

·       Legal compliance;

·       Quality assurance.

Professional or Employment Information

·       Public authorities / government bodies;

·       Legal counsel;

·       Service Providers

·       Delivering products or services (to perform services on behalf of AAT);

·       Quality assurance

·       Research and Development;

·       Marketing.

·        

Inferences from PI Collected

·       Legal Counsel

·       Service Providers

·       Delivering products or services (to perform services on behalf of AAT);

·       Marketing;

·       Analytics;

·       Quality assurance.

 

Notwithstanding anything to the contrary in our other privacy notices, we typically restrict use of your PI that is governed by the CCPA’s Consumer rights provisions and is shared with our vendors for business purposes.

Sale

 

We do not believe that in 2019 we sold PI and we do not intend to sell PI in 2020, as defined under the CCPA.  However, there is not yet a consensus on what the term “sell” means under the CCPA and we may revisit this conclusion as the law evolves.  If you direct us to share PI we may, and that is not a sale.  We do not treat disclosures required by applicable law to be made, such as to the government, to be sales.  Also, disclosures amongst the entities that constitute Company as defined above are not a sale.  For more information on how we interpret the term “sale” under the CCPA, including regarding cookies on our web site, see the Do Not Sell section in the California Privacy Rights notice below.  In addition, for more information about cookies and ways you can exercise preferences with respect to cookies, including certain types of interest-based advertising, see the Cookies section of our Privacy Policy above.

California Privacy Rights

 

We provide California Consumers the privacy rights described in this section.  You have the right to exercise these rights via an authorized agent who meets the agency requirements of the CCPA and related regulations.  As permitted by the CCPA, any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”), which will be further explained as part of the request process.  We will not fulfill your CCPA request unless you have provided sufficient information for us to reasonably verify you are the Consumer about whom we collected PI.  Please follow the instructions on Appendix I “Consumer Rights Request Form” attached hereto and respond to any follow up inquires we may make.  You may also obtain information on how to make, and may submit, a request by asking a manager at any of our multifamily leasing offices.

 

Some PI we maintain about Consumers is not sufficiently associated with enough PI about the Consumer for us to be able to verify that it is a particular Consumer’s PI when a Consumer request that requires verification pursuant to the CCPA’s verification standards is made (e.g., clickstream data tied only to a pseudonymous browser ID).  As required by the CCPA we do not include that PI in response to those requests. If we cannot comply with a request, we will explain the reasons in our response.  You are not required to create an account with us to make a Verifiable Consumer Request, but you may use your account to do so.  We will use PI provided in a Verifiable Consumer Request only to verify your identity or authority to make the request and to track and document request responses, unless you also gave it to us for another purpose.

We will make commercially reasonable efforts to identify Consumer PI that we collect, process, store, disclose and otherwise use and to respond to your California Consumer privacy rights requests.  In some cases, particularly with voluminous and/or typically irrelevant data, we may suggest that you receive the most recent or a summary of your PI and give you the opportunity to elect whether you want the rest or not.  We reserve the right to direct you to where you may access and copy responsive PI yourself.  We will typically not charge a fee to fully respond to your requests; provided, however, that we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded or overly burdensome.  If we determine that the request warrants a fee, or that we may refuse it, we will give you notice explaining why we made that decision.  You will be provided a cost estimate and the opportunity to accept such fees before we will charge you for responding to your request.

Consistent with the CCPA and our interest in the security of your PI, we will not deliver to you your Social Security number, driver’s license number or other government-issued ID number, financial account number, an account password, or security questions or answers in response to a CCPA request; however, you may be able to access some of this information yourself through your account if you have an active account with us.

Your California Consumer privacy rights are as follows:

The Right to Know

Information Rights 

You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date:

·       The categories of PI we have collected about you.

·       The categories of sources from which we collected your PI.

·       The business or commercial purposes for our collecting or selling your PI.

·       The categories of third parties to whom we have shared your PI.

·       The specific pieces of PI we have collected about you.

·       A list of the categories of PI disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.

·       A list of the categories of PI sold about you in the prior 12 months, or that no sale occurred.  If we sold your PI, we will explain:

o   The categories of your PI we have sold.

o   The categories of third parties to which we sold PI, by categories of PI sold for each third party.

To make a request, please follow the instructions on Appendix I “Consumer Rights Request Form” attached hereto or call us at (858) 350-2600. If you are disabled and need reasonable accommodations to facilitate your request, please let us know.  As permitted by the CCPA, any request you submit to us is subject to an identification and verification process.  We will verify your identity based on matching information you provided with data we have maintained on you in our systems.  This data could include, but is not limited to, email address, mailing address, phone number, date of birth, address of an AAT apartment in which you live or address of an AAT office or retail space leased to you, had lived or desired to live, apartment number, lease start date, and date on which you first contacted us.  If we are not satisfied that we have sufficiently verified your identity, we may direct you to this Notice for information on our PI practices generally. For your specific pieces of information, as required by the CCPA, we will apply the heightened verification standards set forth in subsection (ii) below.

 

Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request date.

Obtaining Copies of PI

You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have collected and are maintaining in the period that is 12 months prior to the request date.  To make a request, please follow the instructions on Appendix I “Consumer Rights Request Form” attached hereto or call us at (858) 350-2600.  If you are disabled and need reasonable accommodations to facilitate your request, please let us know.  As permitted by the CCPA, any request you submit to us is subject to an identification and verification process.  We will verify identity based on matching information you provided with data we have maintained on you in our systems and we require that at least three of the data elements you provide match to data we already maintain on you.  This data could include, but is not limited to, email address, mailing address, phone number, date of birth, address of an AAT apartment for which you live, had lived or desired to live, apartment number, or address of an AAT office or retail space leased to you, lease start date, and date for which you first contacted us.  If we are not satisfied that we have sufficiently verified your identity, we may direct you to this Notice for information on our PI practices generally.

Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.

Do Not Sell

We do not believe that we sell your PI as defined under the CCPA, and until such time as we change this policy by updating this Privacy Notice, will treat PI collected under that policy as subject to a do not sell request. How we do so will depend on how the law evolves regarding what is and is not a “sale” under the CCPA.  For instance, while there is not yet a consensus and although we think otherwise, data practices of third-party cookies and tracking devices associated with our websites and mobile apps may potentially be determined to constitute a “sale” of your PI as defined by the CCPA.

We do not currently provide a “do not sell” optout for cookies, but you can exercise control over browser-based cookies by adjusting the settings on your browser.  In addition, third party tools enable you to search for and opt-out of some of these devices.  Further, you can learn more about your choices regarding certain kinds of online interest-based advertising in our Terms of Use.  We do not represent that these third-party tools, programs or statements are complete or accurate.  For more information on cookies and other tracking technologies that may be associated with our web sites, and ways you may exercise preferences regarding them, see our Terms of Use.

 

We may disclose your PI for the following purposes, which are not a sale: (i) if you direct us to share your PI; (ii) to comply with your requests under the CCPA; (iii) disclosures amongst the entities that constitute Company as defined above, or as part of a merger or asset sale; and (iv) as otherwise required or permitted by applicable law.

Delete

Except to the extent we have a basis for retention under CCPA, you may request that we delete your PI that we have collected directly from you and are maintaining. Our retention rights include, without limitation, to complete transactions and service you have requested or that are reasonably anticipated, for security purposes, for legitimate internal business purposes, including maintaining business records, to comply with law, to exercise or defend legal claims, and to cooperate with law enforcement.  Note also that we are not required to delete your PI that we did not collect directly from you.  To make a request, please follow the instructions on Appendix I “Consumer Rights Request Form” attached hereto or call us at (858) 350-2600. If you are disabled and need reasonable accommodations to facilitate your request, please let us know.  As permitted by the CCPA, any request you submit to us is subject to an identification and verification process.  We will verify identity based on matching information you provided with data we have maintained on you in our systems and we require that at least three of the data elements you provide match to data we already maintain on you.  This data could include, but is not limited to, email address, mailing address, phone number, date of birth, address of an AAT apartment in which you live, had lived or desired to live, apartment number, or address of an AAT office or retail space leased to you, lease start date, and date on which you first contacted AAT.  If we are not satisfied that we have sufficiently verified your identity, we may direct you to this Notice for information on our PI practices generally.

 

However, you may alternatively exercise more limited control of your PI by instead exercising one of the following more limited opt-outs: opting out of marketing communications, editing your personal information associated with your AAT prospect account or deleting that account, or by follow the instructions on Appendix I “Consumer Rights Request Form” attached hereto.

 

Non-Discrimination and Financial Incentive Programs

 

We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights.  We do not currently offer financial incentive programs or charge a different price or rate, or offer a different level or quality of good or service that relates to your data.  If this policy changes, the material aspects of that policy will be explained and described in its program terms in accordance with the CCPA.

Authorized Agents

            You may designate an agent to exercise your CCPA rights on your behalf.  To exercise your rights via an agent, your agent must (1) show proof of power of attorney; or (2) submit a written authorization of his or her authority to act on your behalf.  Once such authorization is submitted, you will receive an email at your email address asking you to verify the agent’s authority to submit a Consumer Rights Request on your behalf, and, unless your agent has power of attorney, to verify yourself.  If you are an authorized agent making a request, please follow the instructions on Appendix II “Consumer Rights Request Form for Agents” attached hereto.

 

Limitation on Rights

 

Notwithstanding anything to the contrary, we may collect, use and disclose your PI as required or permitted by applicable law and this may override your CCPA rights.  In addition, we need not honor any of your requests to the extent that doing so would infringe upon our or any other person or party’s rights or conflict with applicable law.

Additional California Notices

In addition to CCPA rights, certain Californians are entitled to certain other notices, including:

Third Party Marketing and Your California Privacy Rights

Separate from your CCPA “Do Not Sell” rights you have the following additional rights regarding disclosure of your information to third parties for their own direct marketing purposes:

We provide qualifying California residents with the option to opt-in or opt-out to sharing of “personal information” as defined by California’s “Shine the Light” law with third parties, for such third parties’ own direct marketing purposes.  California residents may exercise that opt-out, and/or request information about our compliance with the Shine the Light law, and obtain a disclosure of third parties we have shared information with in accordance with the law for their direct marketing purposes absent your choice and the categories of information shared, by contacting us This email address is being protected from spambots. You need JavaScript enabled to view it. or by sending a letter to us at American Assets Trust, Inc., Attention Legal Department, 11455 El Camino Real, Suite 200, San Diego, CA, 92130.  Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code.  Please note that we are only required to respond to one request per customer each year.

            As these rights and your CCPA rights are not the same and exist under different laws, you must exercise your rights under each law separately.

Online Privacy Practices

For more information on our online practices and your California rights specific to our online services see our Terms of Use.  Without limitation, Californians that visit our online services and seek or acquire goods, services, money or credit for personal, family or household purposes are entitled to the following notices of their rights:

Tracking and Targeting

When you visit our online services, we and third parties may use tracking technologies to collect usage information based on your device for a variety of purposes, including serving you advertising, based on your having visited our services or your activities across time and third-party locations.  Some browsers may enable you to turn on or off a so-called “Do Not Track” signal.  Because there is no industry consensus on what these signals should mean and how they should operate, we do not look for or respond to “Do Not Track” signals.  For more information on tracking and targeting and your choices regarding these practices, see our online Privacy Policy, above.

California Minors

Any California residents under the age of eighteen (18) who have registered to use our online services and who posted information on the service can request removal by contacting us This email address is being protected from spambots. You need JavaScript enabled to view it., detailing where the information is posted and attesting that you posted it.  We will then make reasonably good faith efforts to remove the information or anonymize it, so the minor cannot be individually identified to the extent required by applicable law.  This removal process cannot ensure complete or comprehensive removal.

Contact Us on Your California Privacy Rights

For more information on your California privacy rights contact us at (858) 350-2600 or email us This email address is being protected from spambots. You need JavaScript enabled to view it. or by following the instructions on Appendix I “Consumer Rights Request Form” attached hereto.

 

Disclaimers

WHILE WE ENDEAVOR TO PROVIDE ACCURATE AND UP TO DATE INFORMATION, THE INFORMATION CONTAINED IN THIS WEBSITE MAY, AT TIMES, CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE. WE DO NOT GUARANTEE THAT THE INFORMATION PROVIDED THROUGH THIS WEBSITE WILL BE ACCURATE OR UP-TO-DATE. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS WEBSITE, WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT ERRORS OR DEFECTS WILL BE CORRECTED OR THAT THIS WEBSITE OR THE SERVER MAKING IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR PROTECTING YOURSELF BY USING ANTI-VIRUS PROGRAMS AND BACKING UP IMPORTANT APPLICATIONS AND DATA.

THIS WEBSITE AND THE CONTENT ON THIS WEBSITE ARE PROVIDED BY US ON AN “AS-IS” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, AAT AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS WebSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AAT AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS WEBSITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.  BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES AS SET FORTH ABOVE, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

AAT DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED AAT SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF AAT OR ANY OF ITS AFFILIATES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR Affiliates, SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

Limitation of Liability

THE USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AAT AND THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON UNDER ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY FOR ANY DAMAGES OF ANY KIND RELATING TO THE CONTENTS OF THIS WEBSITE, THE USE OF THIS WEBSITE OR THE RELIANCE ON INFORMATION CONTAINED ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OF LIABILITY AS SET FORTH ABOVE, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER GENERATED CONTENT. ALTHOUGH WE INCLUDE STRICT PROVISIONS REGARDING USER-GENERATED CONTENT IN THESE TERMS OF USE, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST USING THIS WEBSITE AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING OR OTHERWISE OBJECTIONABLE OR ILLEGAL USER-GENERATED CONTENT YOU MAY ENCOUNTER IN CONNECTION WITH YOUR USE OF THIS WEBSITE.

Indemnity

By accessing this Website, and to the fullest extent permitted by law, you agree to indemnify and hold AAT, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Website in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Website causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

Third Party Privacy Policies

Our privacy policy does not apply to any third party web sites that may be reached through links provided on this Website for your convenience, and visitors are encouraged to contact such third party sites directly for information regarding their privacy policies.

Modifications to Terms of Use and Privacy Policy

At anytime, we reserve the right to add to, modify or remove portions of these Terms of Use. Please check back to this page from time to time to determine if any revisions have been made. Your continued use of this Website after any revisions have been made will constitute acceptance of the new Terms of Use.

How to Contact Us About this Terms of Use and Privacy Policy

If you have any questions regarding this Terms of Use and Privacy Policy, would like to obtain a copy of, make changes to the personal identifiable information provided by you, or would like to have your personal identifiable information removed from our database, please send an email to the address below. For additional correspondence, please send to:

American Assets Trust, Inc.

11455 El Camino Real, Suite 200

San Diego CA 92130

Phone: 858-350-2600

Facsimile: 858-350-2620

Email:  This email address is being protected from spambots. You need JavaScript enabled to view it.

 

© 2020 American Assets Trust, Inc. All rights reserved.

Use of this Website constitutes your acceptance of our Terms of Use and Privacy Policy.


 

Appendix I

Consumer Rights Request Form

Please use this form if you wish to submit a request related to your personal information stored and managed by American Assets Trust, Inc., (including its affiliates and subsidiaries) in accordance with your privacy rights as a California resident. This form can be used to exercise Right to Know (requesting the personal information that we store about you) or Right to Delete (requesting that we delete personal information which we collected from you) as defined in the California Consumer Privacy Act (CCPA). If you are an Agent or Legal Representative submitting on behalf of a consumer, please use our Agent/Legal Representative (Appendix II).

Are you a California resident? (Required)

 Yes /  No

 

I am a (Required)

 Current resident at an American Assets Trust apartment

 Former resident at an American Assets Trust apartment

 Prospect who expressed interest in leasing an American Assets Trust apartment

 Current tenant at an American Assets Trust office or retail property

 Former tenant at an American Assets Trust office or retail property

 Prospect who expressed interest in leasing an American Assets Trust property

 Requester, who is not a resident or tenant or a prospect, but has or had another kind of relationship with American Assets Trust

 

Select request type(s) (Required)

 I want to know the categories of personal information you have about me.

 I want to receive a copy of the specific personal information you have about me.

 I want you to delete any personal information that you have about me.

 

Contact Information (Required)

First and Last Name:      

Personal Email Address:      

Phone Number:      

Work Email Address:      

Any other information you want to provide us:

     

 

 

 

For additional information about this process, see the Notice included within our Terms of Use and Private Policy at www.americanassetstrust.com.


 

Appendix II

Consumer Rights Request for Agents Form

This form is for an agent or a legal representative who is submitting the request on behalf of a consumer. If you are a consumer and want to make a request for yourself, use the Appendix I form.

Are you an agent or a legal representative acting on behalf of a consumer? (Required)

 I am an agent

 I am a legal representative

 

Is the Customer you are representing a California resident? (Required)

 Yes /  No

 

Agent or legal representative’s information (All Required)

Agent or legal representative’s first and last Name:      

Agent or legal representative’s email address:      

Agent or legal representative’s phone number:      

 

Consumer’s Information (All Required):

The consumer is a

 Current resident at an American Assets Trust apartment

 Former resident at an American Assets Trust apartment

 Prospect who expressed interest in leasing an American Assets Trust apartment

 Current tenant at an American Assets Trust office or retail property

 Former tenant at an American Assets Trust office or retail property

 Prospect who expressed interest in leasing an American Assets Trust property

 Requester, who is not a resident or tenant or a prospect, but has or had another kind of relationship with American Assets Trust

 

The consumer wants to

 Know the categories of personal information that American Assets Trust has about him/her.

 Receive a copy of the specific personal information that American Assets Trust has about him/her.

 Wants American Assets Trust to delete any personal information that they have about him/her.

 

Contact Information (Required)

First and Last Name:      

Personal Email Address:      

Phone Number:      

Work Email Address:      

Date when the consumer first contacted American Assets Trust:      

Any other information you want to provide us:

     

 

 

For additional information about this process, see the Notice included within our Terms of Use and Private Policy at www.americanassetstrust.com