This Privacy Policy explains how personal information about you is collected, used and disclosed by Wind Creek and its affiliated entities (“Wind Creek”, “we”, or “us”). This Privacy Policy applies to all Personal Information we collect in connection with or otherwise a result of Wind Creek’s operation and offering of, and your access to and use of, its interactive casino and related services, whether the games are accessed via computer, tablet or mobile device at play.windcreekcasino.com, or via a mobile application or any other technology (collectively, the “Services”).

By using the Services, you acknowledge that you have read and agree to be bound by the terms of this Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of the Services, Account registration, and any other Personal Information provided by you (as further defined in the Privacy Policy) in accordance with this Privacy Policy. This is our entire and exclusive Privacy Policy, and it supersedes any earlier version. This Privacy Policy should be read in conjunction with the Terms of Services Agreement and any additional applicable rules and policies referenced herein or posted on the Sites.

By clicking ‘Submit’ or ‘I agree’ during the registration process or by your continued use of the Services following the posting of this Privacy Policy (as applicable), you agree to this Privacy Policy. We encourage you to review the Privacy Policy whenever you access our Services to stay informed about our information practices and about ways you can help protect your privacy. Additionally, we may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the “Last Updated” date at the top of the policy, and, in some cases, we may provide you with more prominent notice (such as by adding a statement to our homepage or sending you an email notification).

Any disputes related to this Privacy Policy, including any breaches in security or privacy, will be subject to the limitations on liability and dispute resolution provisions contained in the Agreement.

Collection of Information

Information You Provide to Us

Personal information is information that can be used to identify you, such as your name, physical address, email address, phone number, date of birth, gender, driver’s license number, passport credit card information, financial account/deposit/billing information, driver’s license number, and social security number or the first 4 digits thereof.

We will collect certain personal information we request at our discretion and you voluntarily provide to us as various times such as, for example, when you: (i) apply for the Account required to use the Services; (ii)u se the Services to engage in wagering; (iii) participate in promotions or loyalty programs; (iv) complete a survey; (v) fund an Account or withdrawal from an account ; or (vi) otherwise communicate with us. We may ask for supporting documentation to confirm the information you have provided to us.

You hereby expressly consent to our verification (including through third-party verification services) of all information you provide during the account registration process or thereafter during your use of the Services.

Information We Automatically Collect
When you access or use our Services, we may also automatically collect information about you, including:

Log Information: Our servers keep an activity log unique to you that collects certain administrative and traffic information including: source IP address, time of access, date of access, web page(s) visited, web page you visited before navigating to our Services, language use, software crash reports and type of browser used. This information helps us improve the provision and quality of the Services by detecting patterns of use and preferences, as well as assisting in fraud prevention. See “Cookies” as they assist in collecting this information.

Device Information: We collect information about the computer or mobile device you use to access our Services, including the device functionality, hardware model, browser type, operating system and version, unique device identifiers and mobile network information.

Wagering Information: In addition, when you are using the Services in any way, we monitor and record wagering communications and geographic location information as is required by the Regulations. In connection with your use of the Services, we record and maintain the following information: (a) the date and time your Account is opened or terminated; (b) the date and time your Account is logged in to or is logged out of; and (c) your physical location when logged in to your Account. The PGCB may also monitor and record wagering communications and geographic location information.

Location Services: We may use a third-party cell phone based subscription method to ensure that you are physically located in Pennsylvania, as required by the PGCB in order to engage in interactive wagering (the ‘Location Services’). Certain service providers, including but not limited to GeoComply, will make use of your location data.

a. You hereby opt-in and consent to Wind Creek, Pala, third party geo-location providers and Third Party Providers performing or assisting in performing the geo-location services (all except Wind Creek collectively the “Geolocation Providers”) and transmitting, collecting, maintaining, processing and using your location data to provide and improve location-based services. You understand that by consenting and opting in to use the Location Services, you also hereby consent and permit your wireless carrier to share your location with us and/ or the Geolocation Providers, and for us and the Geolocation Providers to physically locate your cell phone periodically while you are logged into the Services. If you would like to opt out or cancel your use of the Location Services, you may do so by advising us in writing or sending an email to support@play.windcreekcasino.com, or turning off your location services on your device.

b. Please note however that if you opt-out or turn-off your Location Services you will then not be able to engage in real money interactive wagering on the Sites.

c. Your location information is retained for up to ten years as required by the PGCB and applicable state and federal regulations. It is accessible by your wireless carrier, us and the Geolocation Providers for the purpose of providing and/or assisting in the provision of the Location Services. Location coordinate data is transmitted via Secure Socket Layer (SSL) technology and stored in password protected servers managed by us and the Geolocation Providers.

Cookies: We may store some information on your computer, laptop, tablet or mobile device when you look at our sites, mobile sites or mobile apps.

a. We use cookies, which are small text files that are stored on your computer or equipment when you visit certain online pages that record your preferences. We also use Local Shared Objects or “flash cookies.” “Flash cookies” are similar to browser cookies. They allow us to remember things about your visits across our sites but cannot access or use other information on your computer. We do not use flash cookies to remember or use directly identifying Personal Information about you such as your name or email address. We use only flash cookies across our own sites and no others. We use cookies and flash cookies to track use of our sites. We also may use cookies and third party cookies to monitor traffic to the Sites, improve the Services and make it easier and/or more relevant for your use. We use flash cookies and third party cookies to help us to show you advertisements that are relevant to your interests based on your use of our sites.

b. Cookies will hold information collected during your registration and will allow us to recognize you as a customer and provide you with the services you require. We may also use this data to better understand your interests while online and to enhance your visits to the Sites. For visitors to our websites, we use cookies to collect information. Our servers use several different types of cookies:

• • A “session-based” cookie: This type of cookie is only allocated to your computer for the duration of your visit to our Sites. A session-based cookie helps you move around our website faster and, if you’re a registered customer, it allows us to give you information that is more relevant to you. This cookie automatically expires when you close your browser.
  • A “persistent” cookie: This type of cookie will remain on your computer for a period of time set for each cookie. Flash cookies are also persistent.
  • “Analytical” cookies allow us to recognize and count the number of visitors and to see how visitors move around the site when they are using it. This helps us to improve the way our sites works, for example, by ensuring you can find what you are looking for easily.

c. Cookies allow Wind Creek to:

• • Better understand your preferences and offer you more relevant promotional offers.
  • Distinguish you from other users of our Sites, which help us to provide you with a good experience when you browse our Sites and provides us with tools to improve our Sites.
  • Identify your preferences when customizing content or functionality for you.
  • Confirm you are a registered user and save your log-in details when accessing certain Services on our website.
  • Show you advertisements which are relevant to your interests based on your use of our sites
  • Collect statistics on the use of our Services.
  • We may also use cookies and web beacons to ensure that our mailing tools are working properly.

d. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but, if you prefer, you can usually modify your browser setting to decline cookies. The Help menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. You can also modify your Flash Player settings to prevent the use of flash cookies. The Settings Manager of your Flash Player allows you manage your preferences.

e. If you choose to decline cookies, you may not be able to experience all of the interactive features on our sites. You can visit http://www.aboutcookies.org/ in order to obtain more information on deleting or controlling cookies. Please note that by deleting our cookies or disabling future cookies, you may not be able to access certain areas or features of our sites.

f. To the extent we are able to do so, we may link your Personal Information with information that is not personally identifiable. We may also link information collected online with information we collect offline or that is collected online by third parties.

Information Third Parties Provide about You – Information We Requested

We may request and receive information about you from other sources and combine or link that information with information we have about you. For example, we (directly or through our third-party service providers) may perform background checks on you in order to verify your identity, history, or any other information you have provided to us. These background checks may vary on a case-to-case basis, but could include credit checks and/or general background investigations. You hereby expressly consent to such background checks, and acknowledge that we are not obligated to advise you when we perform a background check or the nature of any particular investigation.

In addition, we may engage the services of Third Party Providers to provide technical support, process your online transactions and maintain your Account. We will have access to any information you provide to such Third Party Providers and we will use the Personal Information as set out in this Privacy Policy. This information will be disclosed only to third parties in accordance with this Privacy Policy. We take reasonable steps to ensure that our arrangements with Third Party Providers and online vendors protect your privacy.

In no other circumstances do our statements under this Privacy Policy apply to information we receive about you from third parties, even if they have used our technology to collect it and share it with us.

Information You Provided to Third Parties

The Services may include functionality that allows certain kinds of interactions between the Services and a third-party website or application, including your sending a communication from the Services such as facilitating emails, tweets or Facebook postings.

These third parties may share information you provide to them with us, and they may also retain any information used or provided in any such communications or other activities. These third parties’ practices are not subject to our Privacy Policy. We may not control or have access to your communications through these third parties. Further, when you use third-party sites or services, you are using their services and not our services and they, not we, are responsible for their practices. We cannot ensure the protection of any information or images that you provide to a third-party online site that links to or from the Services or any information collected by any third party administering our affiliate program (if applicable) or any other program, since these third-party online sites are owned and operated independently of us. You should review the applicable third-party privacy policies, if any, before using such third-party tools on our Services, as any information collected by these third parties is not governed by this Privacy Policy but by the privacy policy, if any, of such third party. If you have questions about a third party’s information practices, please read its Privacy Policy. We assume no responsibility or liability whatsoever for the practices, actions or policies of such third parties, and we are not responsible for the content or privacy practices of such online sites.

See also opt-out separately needed for such third-party online sites.

Information You Provide About a Third Party/Your Content

You may send someone else a communication from the Services, such as sending an invitation to a friend. If so, the information you provide (names, email addresses, etc.) is used to facilitate the communication and is not used by us for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend functionality on our Services, your contact information, name or username and message may be included in the communication sent to your addressee(s). Some of these tools may be third-party tools subject to third-party privacy policies.

If you use the message boards, chat rooms, comment tools, or other public forums of the Services, you will be publicly identified by your screen name you use and other Player Content you submit. Additionally, when you participate in certain promotions offered through the Services we may also identify you by your screen name. Your screen name and all information you provide on these public forums will be viewable by the general public. We cannot be responsible for any personal or sensitive information in your screen name or that you otherwise choose to post on public forums and we recommend careful consideration before you include any personal or sensitive information in your screen name or otherwise post such information. You agree that you will not disclose personal or sensitive information relating to any other person in a public forum of the Services without that person’s prior, express consent. Please see Terms and Conditions for full policy regarding Player Content and related matters.

Information Use

Our Use

• • We use the Personal Information we collect from you to:
  • Deliver, maintain and improve our Services
  • Provide customer support
  • Undertake necessary security and identify verification checks
  • Process and administer payments and account deposit and withdrawal requests
  • Process any of your online transactions and send you related information and confirmations
  • Assist your participation in third-party promotions
  • Monitor and analyze trends, usage and activities in connection with our Services
  • Personalize and improve your experience on the Services and provide ads, content, or features that match user profiles or interests
  • For any other purpose related to the operation or improvement of the Services.

Our Sharing of Personal Information

As such, we may share your Personal Information with our affiliates and our Third Party Providers and other carefully selected partners (which will include any other parties with whom such partners have entered into data sharing arrangements). From time to time, we may partner with other organizations or companies to provide co-sponsored or co-branded promotions, services or events and unless you have opted not to receive promotional communications as described below, we may share your Personal Information with our co-sponsor(s) and partners. Again, unless you have opted out as described below, your Personal Information may also be used by us to provide you with: (a) promotional offers and information regarding our products and services and those of our affiliates; and (b) promotional offers and information regarding the products and services of our carefully selected partners, in order to better provide you with a range of products and services and improved customer service.

From time-to-time, we may request information from you via surveys or contests. Participation in these surveys or contests is completely voluntary, and therefore, you have the choice of whether or not to disclose such information. Information requested may include contact information (such as name, correspondence address and telephone number), and demographic information (such as zip or postal code or age).

By accepting any contest prize or winnings from us, you consent to use of your name and likeness for advertising and promotional purposes without additional compensation, except where prohibited by law.

Advertising and Analytics Services Provided by Others

Targeted Advertising

We and third parties such as network advertisers and ad exchanges may serve advertisements on the Services or across the Internet and may use third party analytics service providers to evaluate and provide us and/or third parties with information about the use of these ads on third party sites and viewing of ads and of our content. Network advertisers are third parties that display advertisements, which may be based on your activities across the Internet and mobile media (“Behavioral Ads”). Behavioral Ads enable us to target advertisements to you for products and services in which we believe you might be interested.

We do not share personally identifiable information with these third parties. However, network providers, the advertisers, the sponsors, and/or analytics service providers may set and access their own cookies, pixel tags and similar technologies on your device and they may otherwise collect or have access to information about you, including your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information, in sum, usage information. his information may be used by Wind Creek and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other website , and to better understand your online activity. We may use a variety of companies to serve advertisements. If you object to receiving Behavioral Ads from us on third party sites, you can learn more about your ability to limit Behavioral Ads below.

Opt-In and Opt-Out

You may have the right to opt in to or opt out of certain of our uses and disclosures of your Personal Information (defined below).

Our Communications – How to Opt-In and Out

You expressly agree that as part of the Services you may receive communications by text message, push notification, and/or email, such as, for example, game-related information, service updates, promotional communications and other related messages. Including promotional communications from time to time.

However, you can deactivate these notifications at any time, including when opening an Account, by changing the notification settings applied to our mobile application on your device, or you can opt out of receiving these notifications through your My Account page. You also may stop receiving promotional alerts via email by clicking the unsubscribe link contained in such emails or by emailing your opt out request to support@play.windcreekcasino.com. You may stop receiving push notifications by disabling push notifications on your mobile device. You may stop receiving promotional alerts via text message by responding “stop” to any promotional text received.

Additionally, you may tell us that you do not want us to share your Personal Information with third parties for their marketing and other purposes. You can do this as follows:

• • If you have an account with us, logging into your My Account page and changing your communications preferences in Settings;
  • By following instructions in emails or text messages, where it is available on the Site which may include clicking on the opt-out link, if provided, of the e-mail or text; or
  • By sending us your name, address, email and phone number to support@play.windcreekcasino.com. In such communication, please indicate whether you are asking us to: (a) stop sharing your information with third parties for their marketing and other purposes; (b) stop sending you a particular media notification, or (c) stop sending you promotional messages.

Please understand that it may take us a few days to process any opt-out request. Also, even if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us.

Targeted Advertising: How To Opt-Out

If you prefer to not receive targeted advertising, you can opt-out of certain network advertising programs that use your information. You cannot do so through our methods. Instead, to do so you must directly contact the third party. Additionally, tools are available to assist such opt out. For more information about Internet-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit: Please visit the NAI Opt-Out Page: http://www.networkadvertising.org/choices; www.networkadvertising.org/managing/opt_out.asp and www.aboutads.info/choices. You may download the AppChoices app at www.aboutads.info/appchoices to opt out in mobile apps.

Limits to Opt-Out and Otherwise

We are not responsible for effectiveness of or compliance with any third parties’ opt-out options or programs. Please note that even if you choose to remove your information (opt-out), you will still see advertisements while you are browsing online. However, the advertisements you see may be less relevant to you and your interests. Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The NAI Opt-Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies.

While we take reasonable steps to protect the privacy of our online users, we cannot promise that the current limitations of our online applications or programming will address every browser setting or honor every personal browser preference.

Your browser and other mechanisms may permit you to send do-not-track signals or other similar signals to express your preferences regarding online tracking. However, our Sites do not respond to your browser’s do-not-track request. As noted above, third parties, such as our advertising partners, may collect data that relates to you. We cannot control third parties’ responses to do-not-track signals or other such mechanisms. Third parties’ use of data relating to you and responsiveness to do-not-track signals is governed by their respective privacy policies.
As noted, you can usually choose to set your browser to remove or reject cookies and web beacons. Please note that our Services may not function properly if you do so.

Flash Cookies – Opt-Out

You may opt-out of Flash Cookie placement at http://helpx.adobe.com/flash-player/kb/disable-third-party-local-shared.html.

Certain Excluded Disclosures

We may disclose your Personal Information if required to do so by law, or to: (1) comply with any legal process served on us, any of our sites or the Services or in circumstances where we are under a substantially similar legal obligation; (2) protect and defend our rights or property; (3) if, in our reasonable judgment, it is necessary enforce compliance with our internal policies or the Terms and Conditions or to protect ourselves or our affiliates, the Services, our Third Party Providers and our users; (4) to a person who, in our reasonable judgment, is seeking the information as your agent; (5) where sharing or disclosing your information is required to offer you products or services you request; (6) to a third party or parties, where disclosure is required or permitted by law; or (7) to any other entity that acquires all or a portion of Wind Creek or its affiliate by merger, reorganization, operation of law, or a sale of some or all of our assets.

If, in our sole determination, you are found to have attempted to defraud us or our affiliates , any Third Party Provider or their affiliates, or any other user of the Services including but not limited to by game manipulation, payment fraud( including any chargeback or other reversal of a payment, stolen credit cards, a prohibited transaction (including money laundering),or any other wrongful act or omission listed in the Terms and Conditions Agreement, we reserve the right to also share this information (together with your identity and any relevant Personal Information) with other online gaming sites, banks, and credit card companies.

For the purpose of research on the prevention of addiction, your Personal Information may be made anonymous and passed on to the respective institutions and appropriate agencies.

Location Information – Agreement

It is a Federal offense and a violation of the PGCB Regulations for persons physically located outside of the Commonwealth of Pennsylvania to engage in interactive wagering through a casino in the Commonwealth of Pennsylvania. In order to participate in wagering games offered through the Services (but not otherwise access or use your Account), you must be physically located in the Commonwealth of Pennsylvania. You may choose to disable certain Geolocation Technologies through the location settings applied to our mobile application on your device. You may also disable certain Geolocation Technologies by deleting our mobile application from your device or otherwise ceasing use of the Services. However, if you disable or attempt to disable our use of Geolocation Technologies at any time you may not participate in interactive gaming available through the Services, but may continue to access or otherwise use the Services.

Consent To Use Of Electronic Service Providers

You will be required to send money to and receive money from us in order to use the Services to wager. We will using Payment Providers to process such financial transactions. By accepting this Privacy Policy, you expressly consent to Personal Information being shared with Payment Providers and their third party providers in order to provide such processing.

Consent To Use Of Anti-Cheating Software

Our software package – used to access and use the Services – contains certain features designed to detect use of automated programs that enable artificial (non-human) intelligence to play on our site. Use of such “bot” software programs violates the PGCB Regulations and thus breaches this Agreement. By installing our software and using the Services, You consent to our software performing the functions described in this Section.

Our software may perform any or all of the following functions in order to detect the use of illicit automated programs and ensure that we maintain a “cheat free” environment for all users: (1) scan your list of active software applications while you are using the Services; (2) scan your list of active processes while you are using the Services; and (3) scan the files in your Services and site-related program folders to ensure that only “non-hacked” versions of our software are being used. If any of the foregoing processes reveals a suspect application or process, our software may scan the files associated with the suspect application or process and compile a composite mesh (i.e., a profile that characterizes the files associated with the application or process) to be matched against profiles for known illicit automated programs. our software will not perform any random search of large portions of your hard drive, equipment or files, and it will not transmit any information to us or to any third party other than the information necessary to identify use of illicit automated programs as described above. Our software will not alter any files or information on your computer or other equipment and will not interfere with the operation of any of your applications.

You may terminate use of our software at any time by uninstalling our software package.

Security

We understand the importance of information security and the techniques needed to secure information. We endeavor to incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Service and provide us with your information at your own risk. We utilize the industry standard, Secure Socket Layer (SSL)-capable web browsers support encryption technology that helps prevent unauthorized users from viewing or manipulating your Personal Information as it travels over the Internet.

Protection Of Children

The Services are not intended for or directed at persons under twenty-one (21) years of age. Any person who provides their information to us in connection with the Services represents that they are twenty-one (21) or older. It is our policy to prevent underage gaming by accessing and verifying your Personal Information. If we become aware that someone under 21 has attempted to or has submitted Personal Information we will not accept this information and will take reasonable steps to remove it from our records.

Privacy Rights in Certain States

California

If you are a California resident, in addition to the rights set forth in this Privacy Policy, under the California “Shine the Light Law” you have the right to request information from us regarding the manner in which we share certain categories of Personal Information with third parties for their direct marketing purposes, by sending us a request at the designated address listed below for opt-out to receive: (1) the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year; (2) the names and addresses of the third parties that received the information; and (3) if the nature of the third party’s business cannot be determined, examples of the products or services marketed. This information may be provided in a standardized format that is not specific to you. However, please note that under the law, Services such as ours that permit California residents to opt in to, or opt out of, this type of information sharing are not required to do so after receiving a request, but may instead respond by notifying the requestor of his or her right to prevent the disclosure.

To opt out of having information about you shared with third parties for direct marketing, please send your opt-out request to support@play.windcreekcasino.com. See also the “Opt In and Opt Out” section above.

Nevada
Under Nevada law, certain Nevada consumers may opt out of the sale of “covered information” for monetary consideration to a person for that person to license or sell such information to additional persons. “Covered information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.

We do not engage in such activity; however, if you are a Nevada resident who has purchased services from us, you may submit a request to opt out of any potential future sales under Nevada law by contacting support@play.windcreekcasino.com. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.

Contact Us

Contact Us If you have any questions about this Privacy Policy, please contact us at support@play.windcreekcasino.com.