Privacy Policy

BALLY PLAY

PRIVACY POLICY

Last Updated: April 27, 2022

Overview
Information Collected
Data Retention
Our Purpose for Using Your Information
Sources of Personal Information
Information Sharing, Disclosures and Recipients
You Have Choices About How We Use Your Personal Information
Your California Privacy Rights
Canadian Residents
Your Rights in Relation to Your Information
Security
The Platform Is Not Intended for Minors
Third Party Goods and Services
Contact Information

OVERVIEW

This privacy policy (the “Privacy Policy”) sets forth the policies and related practices of Bally’s Interactive, L.L.C. (“Bally’s Interactive”, “we”, “us”, or “our”) with respect to the collection, storage, use, and disclosure of personal information from or about you on the websites, apps, and services where this Privacy Policy appears or is referenced in connection with the operation of Bally Play (the “Platform”) and offline where this Privacy Policy is referenced. Certain of our services may be subject to different privacy policies; this Privacy Policy does not apply to websites, services, platforms or applications that do not directly reference or incorporate this Privacy Policy.

By using the Platform, you acknowledge that you have read and understand the terms of this Privacy Policy, and you consent to the collection, storage, use and disclosure of personal information described in this Privacy Policy.

Bally’s Interactive reserves the right to amend this Privacy Policy from time to time in Bally’s Interactive’s sole discretion. We will notify you of any change in how we use or disclose personal information 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 when the revised Privacy Policy is posted to the Platform, unless otherwise stated. Your continued use of, and access to, the Platform and/or the services made available through the Platform (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. Our Data Protection Officer is responsible for maintaining this Privacy Policy and overseeing our compliance with it.

The Platform is subject to United States laws, which may not afford the same level of protection as those in your country. By using the Platform, you hereby consent to your personal information being transferred to jurisdictions inside and outside of the United States of America.

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 certain Services, you may be asked to create an account (an “Account”). To create an Account and to allow us to provide the Services to you, we may ask you to provide us with certain personal information, including, but not limited to, your name, date of birth, postal address, telephone number, and email address. We also collect other identifiers you submit, such as social media handles, in connection with registering for programs or services. We may 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.

Customer Records. For instance, we may collect information provided 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 activities on our Platform, 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 or otherwise use the Platform. To access certain of the Services, you may 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 or as otherwise described in more detail in 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 and/or Platform may be limited, blocked and/or terminated.

Demographic Information/Protected Classifications. For example, we may collect your age, date of birth, or gender that you submit when interacting with the Platform.

Device, Internet and Network Activity Information. When you use or access 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 a mobile app was downloaded, the date, time, and location of your use of the Platform, what features of Platform you visit or use, 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 that you provide in connection with your use of 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 speculations, messages, feedback and any other information you provide when you submit such data through our 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.

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. 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.

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 as well as for the following purposes described below:

to fulfil and process financial transactions.
to verify whether you have registered with or enrolled in 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, authentication, 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 the 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 them , 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.

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 that we sponsor or co-promote, contact us, sign up for our communications, post a comment or send feedback, make a request, or complete a survey.

We collect personal information from your Devices. We may 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 the Services or Platform, or the emails that we or our vendors or affiliates may 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 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, promotional and marketing partners, and social media platforms that give us information they have collected either directly or indirectly from you. For instance, our promotional partners may give us personal information about you in connection with our program sponsorship. We may offer device- or operating system-based authentication such as fingerprint or face unlock as a log-in method of accessing the Platform or certain services. We are notified as to whether the authentication was successful, but we do not have access to the fingerprint or facial data.

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 marketing and promotional partners).

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 transaction.

to our vendors and business partners for marketing, promotional, advertising or analytics purposes.
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 (and potential successors to all or part of our business in connection with the diligence process).
to any other party 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 Interactive, our agents and to third party service providers who use your personal information to provide products and services to us in relation to your use of the Platform.

Disclosures with Others for Marketing Purposes. We might share information with partners and other third parties for advertising, marketing and promotional purposes, including parties who co-sponsor a promotion or promote the Platform and/or the 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. 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. We may permit the use of advertising identifiers that enable our advertising partners to recognize your Device when you interact with the Services or Platform, and to provide you with advertisements that match your interests.

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 ContactUs@ballys.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 your relationship with us.

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 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 certain cookies by adjusting the permissions on your Device. 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. You can also visit www.aboutads.info/choices and https://optout.privacyrights.info/ to opt out of certain uses of cookies for advertising purposes. 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 the 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 ContactUs@ballys.com. Please use “Nevada Do Not Sell” in the subject line.

YOUR CALIFORNIA PRIVACY RIGHTS

This Section 8 applies only to residents of California. 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 others parties for their direct marketing purposes. To make a request, please submit your request in writing by email to 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 also 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 ContactUs@ballys.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 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 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 and gender); 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.

From time to time, we may collect personal information in connection with a promotion, offer or discount. Our offers and incentives generally reflect the value of the relationships that we have with the individuals who participate in these programs. Participation in these programs is voluntary and you may withdraw at any time by emailing us at ContactUs@ballys.com.

CANADIAN RESIDENTS

Use of Foreign Service Providers

We may collect, process, and store your personal information through the use of service providers located in countries with different privacy laws that may or may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of those countries may be able to obtain access to your personal information through the laws of the applicable foreign country. Whenever we engage a service provider, we ensure their privacy and security standards adhere to this policy and applicable Canadian privacy legislation.

Please contact us at the address listed below if you would like to receive more information about our policies and practices regarding the use of service providers located outside of Canada.

Accessing and Correcting Your Personal Information

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes. By law you have the right to request access to and to supplement or correct any personal information that we hold about you that you can demonstrate is incomplete or incorrect.

If you want to review, verify, supplement, or correct your personal information you may also send us an email at the address listed below to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. We may charge you a reasonable fee to access your personal information, however, we will notify you of any fee in advance.

We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

We will provide access to your personal information, subject to exceptions set out in applicable Canadian privacy legislation. Examples of such exceptions include:

Information protected by solicitor-client privilege.

Information that is part of a formal dispute resolution process.

Information that is about another individual that would reveal their personal information or confidential commercial information.

If you are concerned about our response or would like to correct the information provided, you may contact us at the address listed below.

Withdrawing Your Consent

Where you have provided your consent to the collection, use, and transfer of your personal information, you have the legal right to withdraw your consent on reasonable notice under certain circumstances. To withdraw your consent, if applicable, contact us at the address listed below. Please note that if you withdraw your consent we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you with your decision.

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 ContactUs@ballys.com.

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

request that we cease processing that is likely to cause or is causing damage or distress; and
request, in certain circumstances, to have inaccurate personal data rectified, blocked, erased or destroyed.

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.

THE 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 ContactUs@ballys.com.

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 service, which may collect information from you. Read the privacy policies of other platforms carefully. We are not responsible for these third-party apps, websites or services or their policies.

CONTACT INFORMATION

If you have any comments, concerns, complaints, or questions regarding our Privacy Policy or the Platform, or for more information, please contact us at ContactUs@ballys.com.

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