Last Updated: August 30, 2023
2. INFORMATION COLLECTED
We (and the vendors and other parties we use to perform services on our behalf), collect, receive, and develop several categories of personal information about you:
Contact Information Registration and Verification Information, and Other Identifiers. For instance, to access the Services, you will be asked to create an account (an “Account”). To create an Account and to allow us to provide our Services to you, we will ask you to provide us with certain personal information, which may include, but is not limited to, your name, date of birth, gender, marital status, user credentials such as username, unique member ID, password, social security number, postal address, telephone number, and email address. We also collect a certification that you are at least 21 years old or older in jurisdictions in which the minimum age for use of the Services is 21 or greater. We may also request or require that you provide biographical information such as household data, demographic information, a copy of your driving license including your drivers’ license number, passport, birth certificate, social security card, or other government issued ID; bank and credit card account information; and a photograph.
Customer Records. For instance, we may collect information you provide in connection with self-exclusion programs.
Commercial and Preference Information. For example, we may collect information about which types of services you are interested in, your purchase history, your betting and gaming activities, your participation in promotional events or other programs, and your preferences. We also collect your comments, reviews, questions, and suggestions that you post or submit to us, including responses to marketing activities.
Demographic Information/Protected Classifications. For example, we may collect your date of birth or gender that you submit when interacting with our Platform.
Device, Internet and Network Activity Information. When you use or access the Services or the Platform, we may collect information about the Device and operating system you are using, including, device identifiers, MAC address, and your IP address. We might collect information about the site you visit when you leave us. We may collect and record Platform interaction information and other electronic communications and content from your use of the Platform (such as where the mobile app was downloaded, the date, time, and location of your use of the Platform, what features of Platform you visit or use, what search terms or other data you enter or in-game actions and achievements, and what Services, features, content, and links you view and click on). We may also embed technologies (which may include, for example, cookies, web beacons, tags, and pixels) in the Platform, emails and other communications we or our vendors send to you to help us understand how you interact with those messages, such as whether and when you opened a message or clicked on any content within the message. We may engage or otherwise permit other parties to also collect information on our Platform in these ways.
Payment Information. We, or our vendors, may collect your credit or debit card information, banking information, or other payment details in connection with your use of the Services. For instance, in the course of making a monetary deposit to use the Services, an Account holder will need to provide deposit method information including bank or credit card details as applicable. For example, we or our vendors may process payment information to clear or carry out financial transactions executed by you on the Platform or otherwise in connection with the Services.
Employment-Related Information. We may collect the name of your employer and information about your profession that you submit in connection with surveys or questionnaires on the Platform.
Social Media Information. We may collect your social media profile details including your name, profile photo and other information you choose to make available to us when you connect with or contact us through your social media account or use our products and services through your social media account. You should read the relevant social media platform’s privacy notice and other terms and conditions to understand how you share your information when using their services.
Audio/Visual Information. For example, we may record audio during customer service calls. We may also request that you provide a photograph.
Information You Submit, Provide, or Post. For example, we collect wagers, speculations, messages (such as, chat communications, email communications), general feedback and any other information you provide when you submit such data through our Services or Platform.
Inferences. Using the other pieces of personal information collected about you, we may draw inferences about you, reflecting what we believe to be your preferences, characteristics, predispositions, and attitudes.
Sensitive Personal Information. We may also collect information that may be considered sensitive personal information under certain state laws such as details about your health, government-issued IDs, access credentials for any account you create with us, information about criminal convictions and offences, and precise geolocation. This information is processed by us or our vendors, for example, to comply with legal or regulatory obligations and responsibilities or where you have otherwise provided this information to us.
3. DATA RETENTION
We retain your personal information for as long as necessary for our legal and business purposes, which includes, but is not limited to, any period of historic retention that may be required for regulatory purposes. Should you close (or if we shut down) your Account with us, we may retain your personal data for such necessary period of time to allow us to meet our regulatory, business, and legal obligations, enforce our agreements, and defend ourselves against any claims. To determine the retention period for personal information, we generally consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of the personal information, the purposes for which we process the personal information and whether we can achieve those purposes through other means, and what the law or regulations require us to do.
4. OUR PURPOSES FOR USING YOUR INFORMATION
We, together with our affiliates and vendors providing services to us or to you on our behalf, will use the above categories of personal information for the purpose of conducting our business and providing the Services and Platform to you as well as for the following purposes:
5. SOURCES OF PERSONAL INFORMATION
We and our vendors collect personal information about you from various sources, directly and indirectly, including from the following sources:
We collect personal information directly from you. For example, we collect information if you create an Account, participate in a promotion or other program, contact us, sign up for our communications, post a comment or send feedback, make a request, or complete a survey. We also collect and receive information when you make a deposit or pay for Services.
We receive personal information from vendors we hire to work on our behalf. For example, vendors that host or maintain our Platform, process payments, or send emails for us may give us information. Our credit and fraud risk vendors give us information, and our marketing agencies, advertising technology vendors, and analytics providers may also provide us with information.
We receive information about you from other sources. Other parties may give us personal information about you. These other parties might also include our affiliates, business and marketing partners (including our sports betting technology provider - Kambi), and social media platforms that give us information they have collected either directly or indirectly from you.
Combined Personal Information. We may combine your information collected in connection with your use of the Services or the Platform with other information collected offline or that we receive from others (including our affiliates and mobile and social networking services).
6. INFORMATION SHARING, DISCLOSURES AND RECIPIENTS
We may share certain of the above-listed categories of personal information:
In addition to the specific examples of disclosures listed above, we may disclose your personal information to our employees, employees of other companies of or affiliated with Bally’s Interactive, our agents and to third party service providers or business partners who use your personal information to provide products and services to us in relation to you being a user of our Platform or Services.
Legal and Other Disclosures. Due to the legal, regulatory and security environment in which we operate, we may be required, under certain circumstances, to disclose personal information connected with your Account and we may not be permitted to inform you that we have done so. Further, we can, and you authorize us to, disclose your Account information, including Account identification and your contact information, Account activity, transactions, transfers to and communications with other accounts and details of financial instruments used to deposit and withdraw, to our other agents or official government and self-regulatory bodies as we, in our sole discretion, believe necessary or appropriate in connection with an investigation of money-laundering, fraud, intellectual property infringement, piracy or other unlawful or prohibited activity or activity that may expose us or others to legal liability.
Disclosures with Others for Marketing Purposes. We might share information with partners and other third parties who co-sponsor a promotion or promote our Services. Some of these partners may send you information about products or services by mail or email. They may share your information with other third parties. We may also share information with companies that help us with our marketing efforts, including social media platforms, advertising networks, and ad tech companies. For example, we may share email addresses or other contact information with social media platforms so they can serve our advertising to you on their platform. We may share information with other parties so that they can provide you with information and marketing messages about products or services that may interest you. For instance, we may allow the use of advertising identifiers that enable our third-party advertising partners to recognize your Device when you interact with our Services or Platform, and to provide you with advertisements that match your interests. These parties may use the information for their own marketing purposes or the marketing purposes of others. Personal information received by our partners and other parties may also be subject to their privacy policies.
7. YOU HAVE CHOICES ABOUT HOW WE USE YOUR PERSONAL INFORMATION
You can opt out of receiving our marketing messages. In accordance with applicable law, we may use your email address and phone number for the purpose of sending you news, promotions and other marketing offers from us in relation to our products and services, the Platform, and/or third party products and services. If you no longer wish to receive marketing communications from us, you can unsubscribe by following the opt-out instructions included in the marketing communication that you receive or by contacting customer service for assistance at email@example.com or (888) 824-0650. Even if you opt out of getting marketing messages, we will still send you transactional and relationship messages. These include responses to your questions and communications relating to the management and operation of your Account.
You can control certain location tracking tools. To control the collection of your precise location on your Device, you can adjust the settings on your mobile device, such as by disabling location services.
Please see: https://allaboutcookies.org/ for information about what cookies are and what they do. You may be able to disable certain cookies by adjusting the permissions on your Device. You can also visit www.aboutads.info/choices and https://optout.privacyrights.info/ to opt out of certain uses of cookies for advertising purposes. Cookie settings vary depending on the type of device and operating system you use, so refer to instructions related to your particular device to learn more about cookie-related and other privacy and security settings that may be available. Note that if you reject certain cookies, you may still use the Platform, but your ability to use some features or areas may be limited.
Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. We do not currently respond to those signals.
We and our third-party advertising partners may use various in-app technologies which allow us and our third-party advertising partners to recognize your Device when you interact with our Services and to provide you with advertisements that match your interests. You can configure your mobile device privacy or advertising settings via your iOS or Android device to limit how apps track certain activity for advertising purposes.
Options you select and choices you make are browser, website and device specific. If you clear your cookies or your browser’s cache, you will need to set your preferences again.
Nevada. If you are a Nevada resident, you can request that we not “Sell” your “Covered Information” (as defined in applicable Nevada law). To make a request, email us at firstname.lastname@example.org. Please use “Nevada Do Not Sell” in the subject line.
8. YOUR CALIFORNIA PRIVACY RIGHTS – APPLICABLE ONLY TO CALIFORNIA RESIDENTS
This Section 8 applies only to residents of California. Notwithstanding the inclusion of this Section 8 herein, the Platform is intended only for individuals located in jurisdictions that allow our Services at the time of access. If you are a resident of California, you have the right to ask us one time each year if we have shared personal information with other parties for their direct marketing purposes. To make a request, please submit your request in writing by email to email@example.com with “Shine the Light: Request for California Privacy Information” in the subject line and in the body of your message. If you are a resident of California, you can make the following more specific requests with respect to your personal information:
· Access – You can request that we disclose to you the categories of personal information we collected about you, the categories of sources from which we collected the personal information, the categories of personal information we sold, shared, or disclosed, our business or commercial purpose for collecting, selling, or sharing the personal information, the categories of third parties with whom we shared the personal information, and the specific pieces of personal information we collected about you over the past 12 months.
· Deletion – You can request that we delete your personal information that we maintain about you, subject to certain exceptions.
· Correct Inaccurate Personal Information – You can request that we correct your inaccurate personal information that we maintain about you, subject to certain exceptions.
Notice of Financial Incentives. Based on your commercial activity, use of the Platform, and other factors, we may offer you various financial incentives (as defined by California law) such as discounts, comped services, and other special offers in connection with the collection or use of personal information. You can join (opt-in to) financial incentives and find program details, and terms and conditions at the time you sign up and register. You may withdraw (opt-out) from receiving such financial incentives at any time by contacting us at firstname.lastname@example.org or (888) 824-0650 or otherwise by following the instructions provided to you at the time you sign up. Such financial incentives offered are reasonably related to the value of a consumer’s data including your commercial activities. We calculate the value of a member’s data based on various factors, including the member’s commercial activities and the expenses related to the offer, provision, or imposition of the financial incentives (benefits) to such member.
We will not discriminate against you because you made any of these requests.
California residents can make these requests by contacting us at email@example.com or (888) 824-0650 We may deny certain requests, or fulfil a request only in part, based on our legal rights and obligations. For example, we may retain personal information as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, to process transactions and facilitate customer requests or as may be required for regulatory purposes, including to meet our regulatory and legal obligations and to defend ourselves against any claims.
We will take reasonable steps to verify your identity prior to responding to certain of your requests. The verification steps may vary depending on the sensitivity of the personal information and whether you have an Account with us.
California residents may designate an authorized agent to make a request on their behalf. When submitting the request, please ensure the authorized agent is identified as an authorized agent.
· We may collect, use, and disclose, for our business and commercial purposes, categories of personal information as set forth in applicable California law, including: Identifiers; payment and customer records information; characteristics of protected classifications under California or federal law (such as demographic information like age); commercial information; professional or employment-related information; internet or other electronic network activity information; location data; audio, electronic, and visual information; inferences; and sensitive personal information. See Section 2 above for additional details.
· We collect these categories of personal information from the sources described in Section 5 above.
9. YOUR COLORADO & VIRGINIA PRIVACY RIGHTS – APPLICABLE ONLY TO COLORADO AND VIRGINIA RESIDENTS
If you are a resident of Colorado or Virginia, to the extent required by applicable law, you can make the following specific requests with respect to your personal information in accordance with applicable law:
· Requests to Access/Know about Your Personal Information - You may request that we confirm whether or not we are processing your personal information and to access and obtain a copy of such personal information, subject to certain exceptions.
· Requests to Correct Inaccurate Personal Information – You may request that we correct your inaccurate personal information we maintain about you, subject to certain exceptions.
· Requests to Delete Your Personal Information – You may request that we delete the personal information you provided to us or that we obtained about you, subject to certain exceptions.
· Right to Appeal Our Decisions Regarding Your Requests - You may appeal our decision with respect to a request you have submitted.Colorado and Virginia residents can make these requests by contacting us by email at firstname.lastname@example.org or (888) 824-0650. We may deny certain requests, or fulfil a request only in part, based on our legal rights and obligations. If we deny your request, we will explain why your request was denied and how to appeal our decision, as required by applicable law. After receiving our explanation, if you would like to appeal our decision, you may do so as further detailed in our communication back to you. For questions, you may also contact us by calling or emailing the contact information above.
Except as otherwise provided by applicable law, note that for purposes of these requests under this Section 9, “personal information” does not include information about Bally’s Interactive’s employees, or about employees and other representatives of other entities we may interact with in a business capacity.
We will take reasonable steps to verify your identity and authenticate your request prior to responding to certain of your requests. The verification and authentication steps may vary depending on the sensitivity of the personal information and whether you have an Account with us.
YOUR RIGHTS IN RELATION TO YOUR INFORMATION
Please note that if we close or if you request us to close your Account for any reason, your personal information will be retained as set forth in Section 3, including for such period as may be required under applicable anti-money laundering regulations or other license and/or regulatory requirements. Additionally, you acknowledge and agree that if you request to close your Account, that your access and use of the Platform and Services may be limited, blocked and/or terminated.
We employ various controls to protect the confidentiality of personal information we collect through your use of the Platform. While the intention of these controls is to protect your personal information, there are inherent risks associated with the use of the Internet. Although we employ our security measures, transmission of data could be subject to risks, including risks beyond our control, and, as such, we cannot guarantee the safety of data transmitted to or by the Platform.What Else Can You Do? You have an important part to play in the protection of your personal information. Your login credentials identify you on the Platform and you must ensure that these details are kept confidential.
11. Data Transfers
The Platform is intended only for individuals located in jurisdictions that allow our Services. However, your personal information may be processed in or transferred to jurisdictions inside and outside of the United States of America. Our Platform is subject to United States laws, which may not afford the same level protection as those in your country. By using the Platform or the Services, you hereby consent to your personal information being transferred to our, outside of the United States of America.
12. OUR PLATFORM IS NOT INTENDED FOR MINORS
The Platform is meant for adults. We do not knowingly collect personal information from individuals under 21. If you are a parent or legal guardian and think your minor has given us information, you can contact us at email@example.com or (888) 824-0650.
13. THIRD PARTY GOODS AND SERVICES
14. CONTACT INFORMATION