PRIVACY POLICY

Privacy Policy BCPA

Last Updated: May 13, 2024


1. OVERVIEW

This privacy policy (the “Privacy Policy”) sets forth the policies and related practices of Bally’s Pennsylvania L.L.C. (“Bally’s”, “we”, “us”, or “our”) with respect to the collection, storage, use, and disclosure of personal information through the platforms where this Privacy Policy appears or is referenced (the “Platform”).

The Platform is operated in Pennsylvania by Bally's Pennsylvania LLC as licensed and regulated by the Pennsylvania Gaming Control Board in accordance with Title 58, Recreation Part VII, as an approved event wagering operator [License No. 142829-4]. By using the Platform, you agree to be bound by the terms of this Privacy Policy, as may be amended from time to time, and to the collection, storage, use and disclosure of personal information described in this Privacy Policy.

We reserve the right to amend this Privacy Policy from time to time in our sole discretion. We will notify you of any material change by placing notice of the revised Privacy Policy on the Platform or as otherwise required by law. Any changes to the Privacy Policy will be effective immediately upon such notification, unless otherwise stated. Your continued use and access of the Platform and/or the Services subsequent to such change going into effect shall be deemed to be your acceptance of such change. We therefore encourage you to visit this Privacy Policy from time to time to make sure that you are aware of the current version and any changes that we may make.

The Platform is intended only for individuals located in Pennsylvania at the time of access. 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 outside of the United States of America.

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, including, but not limited to, your name, date of birth, 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, and demographic information; a copy of your driving license including your drivers’ license number, passport, birth certificate, social security card, or other government issued ID; a photograph; 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 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.

Location Data. We collect information about your location and location coordinates, such as IP address, when you visit the Platform or otherwise use the Services. We also collect location data for legal and regulatory purposes. Federal Law, including 18 U.S.C. 1084 et seq. (“The Wire Act”) and 31 U.S.C. 3163 through 3167 (“UIEGA”), sets forth certain prohibitions with respect to internet wagering, including the Services. Any person who is not currently physically located within the State of Pennsylvania may not use the Services. You will be required to consent to the collection and use of certain information about your location, including the use of location-based services by us (or through our vendors acting on our behalf) and other operating software information that can be derived from a phone, tablet, any other mobile device, computer, or any other device or equipment (“Device”). Location data may include, but is not limited to, your IP address, zip code, Wi-Fi connection, or GPS data. You may choose to limit the information we collect about your location by disabling or turning off certain features through the settings on your Device. For more information about your choices, see Section 7 of this Privacy Policy. If you limit our collection of location data, certain functionality of the Services or Platform may become impaired, disabled or inaccessible and your access and use of the Services may be limited, blocked and/or terminated. By disabling the collection of certain Location Data, you will not be able to use the Services.

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, web beacons, tags, and pixels) in the 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.

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.

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, 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.

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 described below:

  • to fulfil and process financial transactions, debts and obligations.
  • to analyze your credit and fraud risk and verify your credentials using our vendors, including financial institutions, identification verification agencies and credit reference agencies.
  • to assess your wagering activity for responsible gaming purposes and any other licensing, regulatory or industry compliance purposes.
  • to verify whether you have registered with any self-exclusion bodies or programs, for responsible gaming reasons.
  • to provide the Services and Platform, including the software and any support to you.
  • to administer the Platform, such as troubleshooting, data analysis, testing, and prohibiting incompatible software or tools.
  • for identification, verification and vetting purposes.
  • for statistical analysis and research.
  • to monitor use of the Platform and record information regarding the use of the Platform.
  • research and development.
  • to improve the functionality or operation of our Platform, and to customize your experience with us.
  • for marketing, market research, advertising, customer surveys and customer analysis; these may be for our own offers or for third-party offers we think you might find interesting; we may also use your information to serve you content and ads we think you may be interested in.
  • data analysis.
  • to comply with our or our affiliates’ licensing and regulatory requirements and any other obligations.
  • to secure and maintain the integrity of the Services, Platform and the data derived from either, and to help combat against security or privacy risks and fraudulent or harmful activity.
  • to confirm your geographic location.
  • To communicate with you about our relationship, including to respond to your questions or requests.
  • for safety and due diligence purposes, including to protect our company, customers and others; to detect or investigate illegal or otherwise prohibited conduct or attempts.
  • as otherwise required or permitted by law, or as we may notify you.
  • to create deidentified or aggregated data.
  • To provide loyalty and/or rewards programs. If you sign up to participate in the loyalty program, further terms and conditions will apply to your participation and you will be required to affirmatively acknowledge your acceptance of such terms and conditions in connection with completing your loyalty program registration. You are not required to become a loyalty program member, however, you will not be able to access all of the information, offers and promotions provided in connection with the loyalty program unless you become a registered member. If a loyalty program is made available by us, we will provide further guidance on how you can sign up to it (whether in person at one of our locations or online via the Platform). If you sign up to become a member of the loyalty program, you agree: (i) to provide true, accurate, current and complete information about yourself (“Loyalty Registration Data”); and (ii) to maintain and promptly update the Loyalty Registration Data to keep it true, accurate, current and complete.

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 collect personal information from your Devices. We use tracking tools like geolocation trackers to passively collect information about you and your Devices. We collect information using these tracking tools when you interact with our Services or Platform, or the emails that we or our vendors send to you. To learn about your choices for these tracking tools, read Section 7 of this Privacy Policy.

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, 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 the above-listed categories of personal information:

  • to any recipient if required to do so by law or by regulatory authority.
  • to any regulatory, licensing or self-regulated body or authority.
  • to payment vendors for the purposes of settling or making payment in connection with any wager or any other transaction.
  • to our vendors for marketing, advertising or analytics purposes.
  • to any payment management or debt collection company engaged by us, on our behalf or in connection with the Services to handle payment and collection processes to and from our users or others in connection with the Services.
  • to our professional advisors, which include lawyers, auditors, bankers, or other professional consultants for business purposes.
  • to any successor to all or part of our business.
  • to credit reference agencies, government agencies or investigatory bodies.
  • to any other party if we believe in good faith that such action is necessary, to comply with any law, regulation or any other requirement or comply with legal processes imposed on us or our affiliates (such as to respond to a court order, subpoena or warrant) and/or to protect and defend our rights or property or the rights or property of others.
  • to our parent, affiliates, subsidiaries, and related entities and other companies within the Bally’s Corporation family of companies.
  • for the purposes of disaster recovery.
  • to other parties or vendors who provide products or services to us or on our behalf, including, without limitation, platform, hosting, and infrastructure services, customer support services, and identity verification services.
  • to any other party with your consent.
  • for other reasons we may describe to you from time to time or as permitted by applicable law.

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, our agents and to third party service providers 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 support@pa.ballycasino.com. 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.

Cookies and other trackers. Cookies are text-only strings of information that are downloaded to a device when you visit a website or mobile app. Cookies are then sent back to the originating website or used on each subsequent visit or to another website that recognizes those cookies. Cookies are used for many different purposes including allowing you to navigate between pages more efficiently, remembering your preferences and generally improving user experience. Sometimes cookies are used to help ensure that advertisements you see online are relevant to you and your interests. We may also use cookies in order to track referrals to our website or services, to remember your preferences, and to generate statistical data, which we use to improve the user experience. We may also use cookies to measure the effectiveness of our advertising campaigns, to limit the number of times you see an advertisement, to remember that you have visited a website, and to provide advertisements that are more relevant to your interests.

Please see: www.allaboutcookies.org for information about what cookies are and what they do. You may be able to disable 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 support@pa.ballycasino.com. Please use “Nevada Do Not Sell” in the subject line.

8. YOUR CALIFORNIA PRIVACY RIGHTS

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 Pennsylvania 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 support@pa.ballycasino.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 or disclosed, our business or commercial purpose for collecting and selling 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.
  • Do Not Sell My Personal Information – You can request that we not sell your personal information. For purposes of this Section of the Privacy Policy, “sell” means the sale of your personal information to an outside party for monetary or other valuable consideration, subject to certain exceptions set forth in applicable California law. Note that if you make a request to opt-out of the sale of your personal information, if you would like to opt-out of cookie-based or app-based tracking for advertising purposes, you will need to set your preferences as described in Section 7. Your opt-out of cookie-based tracking for advertising purposes is specific to the device, website, and browser you are using, and is deleted whenever you clear your browser’s cache or cookies. Your opt-out of mobile app tracking is specific to the device you are using.

We will not discriminate against you because you made any of these requests.

California residents can make these requests by contacting us by email at support@pa.ballycasino.com. We may deny certain requests, or fulfill 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. Except as otherwise provided by applicable California law, note that for purposes of these requests under this Section, “personal information” does not include information about Bally’s Pennsylvania’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 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.

For purposes of California residents making these requests, please also note the following regarding how we collect, use, and share your personal information as described in this Privacy Policy, including in the previous 12 months:

  • 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; geolocation data; audio, electronic, and visual information; and inferences. See Section 2 above for additional details.
  • We collect and use these categories of personal information for the business and commercial purposes described in Section 4 of this Privacy Policy.
  • We collect these categories of personal information from the sources described in Section 5 above.
  • We may disclose each of the foregoing categories of personal information for the business and commercial purposes described in this Privacy Policy to the extent permitted by applicable law to the categories of third parties as described in Section 6 of this Privacy Policy.
  • We may “sell” certain categories of personal information to third parties to those other categories of third parties described in Section 6 of this Privacy Policy. The categories of personal information we sell or disclose to these third parties may include personal identifiers, user account information, information regarding the products or services used, purchased, obtained, or considered, internet and Platform usage information, customer records information, demographic information, commercial information, geolocation data, inferences, and other information you provide when you interact with the Platform. Like many organizations, we engage services that deliver or assist in delivering interest-based advertisements to you and, in connection with such advertising, we may make available or transfer such personal information to our marketing partners and other parties including entities that perform advertising or analytics services.

Notice of Financial Incentives

From time to time, we may collect personal information in connection with a promotion, offer or discount, or we may offer financial incentives in connection with the collection or use of personal information related to our loyalty programs. Our offers and incentives generally reflect the value of the relationships that we have with the individuals who participate in these programs. The material terms of the financial incentive will generally be presented to you at the time you sign up for our loyalty program. Participation in these programs is voluntary and you may withdraw at any time by emailing us at support@pa.ballycasino.com.

9. YOUR RIGHTS IN RELATION TO YOUR INFORMATION

Right to Request Information About You. You can contact us to request to review, change, obtain a copy of your information or to request to have your details altered or corrected in accordance with your rights under applicable law. In this event, we may require evidence of and be satisfied as to your identity before we take any requested action. You can contact us to update your information by contacting Customer Service for assistance at support@pa.ballycasino.com.

In relation to your personal information collected under this Privacy Policy you may:

    1. request that we cease processing that is likely to cause or is causing damage or distress;

    2. object to decisions being taken by automated means; and

    3. request, in certain circumstances, to have inaccurate personal data rectified, blocked, erased or destroyed.

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.

10. SECURITY

We have undertaken efforts to protect the confidentiality of the information we have collected through the Platform. However, the Internet is not 100% secure. We cannot promise that your use of our Platform will be completely safe. Any transmission of your data to our Platform is at your own risk. We encourage you to use caution when using the Internet.

What Else Can You Do? You should also play your part in protecting your personal information. Your login credentials are confidential and you are obliged to keep your login credentials secret and confidential at all times and to use your best efforts to protect their security, secrecy and confidentiality.

11. 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 support@pa.ballycasino.com.

12. THIRD PARTY GOODS AND SERVICES

If you click on a link to a third-party app or website, you will be taken to another platform we do not control. This Privacy Policy does not apply to the privacy practices of that app, website or services, which may collect information from you. Read the privacy policy of other platforms carefully. We are not responsible for these third-party apps, websites or services or their policies.

13. CONTACT INFORMATION

If you have any comments, concerns, complaints, or questions regarding our Privacy Policy or the Platform, or for more information, please contact support@pa.ballycasino.com.