Simon Property Group
Real Estate
62
out of 100. Number 107 of 512, counting from the worst.
Where Simon Property Group does well
- Renewals 3 of 20. Few problems found.
- Small-claims court is explicitly carved out of the arbitration clause, and shoppers keep the right to complain to government agencies.
- The arbitration rules apply JAMS consumer minimum standards of procedural fairness, and the arbitrator may still award punitive damages, injunctive relief, and attorneys' fees.
- The privacy policy is unusually candid about surveillance tech — it discloses ALPR license-plate readers, precise geolocation via mall Wi-Fi beacons, and audio/video capture from mall displays rather than hiding them.
- Simon offers a 'Do Not Sell or Share My Personal Information and Opt Out of Targeted Advertising' link, honors GPC browser signals, and provides a state-by-state privacy-rights section (access, delete, correct, appeal) with a 45-day response commitment.
- The policy states Simon does not knowingly collect personal information from anyone under 18, and explicitly says it currently collects no biometric information.
Just browsing simon.com or using a Simon gift card means you give up the right to sue Simon in court or join a class action.
The fine print
6 clauses and findings from the draft archive, dated 1 October 2026. The plain English comes first; the small print is the company's own words. None of these has been checked yet.
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Just browsing simon.com or using a Simon gift card means you give up the right to sue Simon in court or join a class action. Any dispute goes to private binding arbitration on an individual basis, decided by a single JAMS arbitrator — and no arbitration opt-out is offered anywhere in the terms.
EXCEPT FOR DISPUTES THAT QUALIFY FOR AND ARE FILED IN SMALL CLAIMS COURT IN A COURT OF COMPETENT JURISDICTION, YOU AGREE THAT ALL DISPUTES OR CLAIMS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO (i) YOUR PURCHASE OF ANY PRODUCTS OR SERVICES OFFERED OR SOLD BY SIMON, VENDORS, OR THE SIMON ENTITIES, (ii) YOUR USE OF SIMON GIFT CARDS, (iii) YOUR REGISTRATION FOR OR USE OF ANY ACCOUNT-BASED SERVICES ON THE SITES... WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A SINGLE, NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. ... You and Simon each agree to waive the right to have any Dispute brought, heard, administered, resolved, or arbitrated as a class Arbitration, class action, collective action, or representative action to the maximum extent permitted by Governing Law.
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Even the arbitration process itself is deliberately burdensome: to file a claim you must send a physical demand by certified mail or FedEx to Simon's general counsel in Indianapolis, with a wet-ink original signature (no electronic signatures) and a sworn statement under penalty of perjury — a stiff procedural hurdle for an ordinary shopper.
Any Arbitration required by the Arbitration Agreement shall be initiated by you or Simon by sending the other a written demand for Arbitration ("Demand") only via Certified mail, FedEx, or UPS... your Demand must be delivered to Simon Media Properties, LLC, Attention: General Counsel, 225 W. Washington Street, Indianapolis, IN 46204... To be valid, any Demand must include ... (iv) the original personal signature of the Party seeking Arbitration... "original personal signature" does not include any digital, scanned, electronic, copied, or facsimile signature.
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Simon can rewrite the rules whenever it wants, with no email or direct notice required — simply posting new terms on its website counts as 'reasonable notice,' and the new terms apply to any dispute arising after posting.
We may update these Terms of Use at any time at our discretion and you agree to be bound by any such updates effective upon publication. We will notify you of such updates by posting the most up-to-date version of these Terms of Use on Simon.com. You agree that posting updates to these Terms of Use on Simon.com is reasonable notice of such updates.
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When you walk through a Simon mall with Wi-Fi on (or use the Simon app), your precise location is fed to advertising and identity-tracking vendors for targeted ads — and Simon openly admits it gets paid for the compiled shopper reports ('Insights') it hands to merchants and vendors.
We may use our Radios to gather and disclose your precise geolocation to our Advertising and Data Technology Vendors to allow us or them to show you Products that may interest you based on your location and preferences or other data we have collected about you. ... We provide personal information to Ad Tech providers including, without limitation, data activation, curation, and identity platform providers ... such as Adentro. These Ad Tech providers may employ cookies, pixels, beacons, device geolocation and MAC and IP address identifiers over Wi-Fi... We also provide insights and other related aggregated non-identifiable data and reports ("Insights") to the categories of Vendors listed below and potential or existing retail merchants at our Sites or Simon Properties. ... We may receive payment for these Insights.
Site Privacy Policy & Your Privacy Rights, 'Who We Disclose Personal Information to and Why'
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A routine mall visit means Simon can log your license plate in the parking lot, capture your photo/audio from mall kiosks and displays, and feed it all into AI profiling systems that build targeted-marketing audience segments about you.
For instance, we may collect your vehicle license plate information when you park your vehicle at one of our retail shopping destinations parking lots through ALPRs or other video capture devices ... Interacting with or using services on our Sites such as interactive screens, promotional displays, mobile applications, or other devices, services, or Promotions in our common areas, which may feature and utilize cameras or microphones (or both) to capture audio, video, or still photographs ... Utilizing analysis, machine learning, algorithms, business intelligence and analytics software, and artificial intelligence to make or compile inferences, analyses, targeted-marketing audience segments, and reports based on identifiable and aggregated non-identifiable personal information.
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If you were harmed through a free Simon service, Simon's liability is capped at $50. Meanwhile you must indemnify and pay Simon's legal fees — including for injuries at a mall caused by you or your kids.
TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO SIMON ENTITY OR VENDOR SELLING ON OR LINKED FROM THE SITES WILL BE LIABLE FOR ANY CLAIMS IN EXCESS OF ... (ii) $50 (USD) IF NO FEES WERE PAID BY YOU IN CONNECTION WITH THE RELEVANT SERVICE(S) OR MATERIALS... You agree to indemnify, defend, and hold harmless the Simon Entities and our Vendors ... from and against any and all damages, harm, loss, liability, claims, actions, demands, costs and expenses, including reasonable attorneys' fees and costs of settlement ... arising out of or related to ... (iii) personal property damage or loss, or personal injury to or caused by you (including any minor children accompanying you) at any Simon Property.
How these were found
Documents read via browser_open on Oct 1, 2026: (1) 'Site Privacy Policy & Your Privacy Rights' at https://www.simon.com/legal/privacy, marked 'Last Updated: February 2, 2026'; (2) 'Terms of Use' at https://www.simon.com/legal — the fetched page did not display a 'Last Updated' date, so its revision date could not be verified. Retention quote supporting the retention score: 'We will retain your Personal Information for as long as necessary to provide our services... We will not retain your personal information longer than reasonably necessary for the purposes for which the information was collected except where required by law' — no fixed deletion period stated. Access limitations: the Simon+ Rewards Program Terms (https://plus.simon.com/rewardsterms, referenced in sweepstakes rules and the privacy policy) returned HTTP 500 on three fetch attempts and could not be read, so no loyalty-program clauses are included. The official Simon gift card Cardholder Agreement (simongiftcard.com) was also not verifiable from an official source; historical note: Simon's gift-card fees/expiration practices drew state lawsuits in the early 2000s (Connecticut, Massachusetts, Georgia per globest.com, 2004). Quotes are verbatim excerpts of the fetched documents, with formatting adapted. All URLs were used verbatim from search results or the fetched pages.
These notes come from the original draft and are not independent verification.