Seminole Social Casino Terms of Service
NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU HAVE AGAINST THE TRIBE ARE RESOLVED (SEE SECTION VII (DISCLAIMER; LIMITATION OF LIABILITY) AND SECTION XII (APPLICABLE LAW; JURISDICTION; DISPUTE RESOLUTION).
The Social Casino Games (“Games”) made available via the Seminole Social Casino are intended for use only by those 18 or older (and have the legal capacity to enter contracts), and only for amusement purposes. No actual money or anything of value can be won playing these Games. Practice or success at social casino gaming does not imply future success at real-money gambling.
These Terms of Service (“Terms”) is an agreement between you (“you” or “user”) and The Seminole Tribe of Florida, a federally recognized Indian tribe doing business as Seminole Gaming, and its respective parents, subsidiaries, and affiliates (collectively, “the Tribe”, “we”, or “us”). These Terms govern your access and use of the Games available through and/or developed by Greentube, interactive features, applications, widgets, blogs and mobile applications, and their respective contents, the acquisition and use of virtual goods and virtual currency, communications (including e-mails) and User Content (defined below) whether accessed via computer, mobile device or other technology, and which are available through various websites (including without limitation seminolesocialcasino.com, and other websites or web pages on which these Terms are posted, unless other or additional terms and conditions are posted or otherwise apply or are agreed upon in individual cases) (collectively, the “Services”). By using the Services, you agree to be bound by the terms and conditions contained in these Terms. If you do not agree to the terms and conditions contained in these Terms, you may not access or otherwise use the Services.
In addition, when using particular services or features or making purchases on the Services, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into these Terms.
In addition, you will have the option of selecting and registering an account with a home casino (“Home Casino”), which may offer other services (“HC Services”). All use of the Games and the Tribe’s Services is subject to these Terms regardless of the Home Casino you use and any terms and conditions it may present.
By using the Services or Games, you certify that you are at least 18 years of age or older (or the age of majority in your jurisdiction, if applicable, but in no event younger than 18 years old) and have the legal capacity to enter contracts. We reserve the right to verify age at any time. In addition, you are not permitted to access and play the Games or use the Services in Belgium, China, Hong Kong, Macau, Russia, Singapore and Turkey and any other jurisdiction where such access and use is illegal or prohibited, or if you reside in a country that is on the United States embargo countries list (collectively, “Excluded Jurisdictions”). Persons on the US Department of Treasury Specially Designated Nationals or Blocked Persons Lists are also not permitted to use the Services. We further reserve the right to terminate the Services in whole or in part, or to terminate or deny access to the Services by any individual, at any time in our discretion.
NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU HAVE AGAINST THE TRIBE ARE RESOLVED (SEE SECTION XII BELOW
You are responsible for obtaining and maintaining all equipment and mobile, cellular and data services needed for access to and use of the Services as well as paying related charges such as data usage, message fees and other charges from your wireless or internet provider. You must have an internet-enabled cell phone or device using either the iOS or Android operating system in order to access the Tribe’s mobile applications. Normal carrier charges and taxes may apply to any content you obtain from the Services. The Tribe is not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the Services.
You expressly agree that, as part of the Services, you may receive communications by push notification and/or email using automated technology, including promotional communications from time to time. A purchase is not required to opt in to receiving such promotional communications. You may stop receiving promotional alerts via email by clicking the unsubscribe links contained in such emails or by disabling push notifications on your mobile device. You may not opt out of service-related emails.
You acknowledge that the Services and all content and other materials on the Services, including the Services’ design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of the Tribe or its licensors, and are subject to and protected by applicable United States and international copyright and other intellectual property laws and rights. You will not obtain any ownership interest in the Materials or the Services through these Terms or otherwise. All rights to Materials not expressly granted in these Terms are reserved to their respective copyright owners. Except as expressly authorized by these Terms or on the Services, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means without the prior written authorization of the Tribe or the respective copyright owner. The Tribe authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on the Services are the sole property of the Tribe and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of the Tribe and/or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of the Tribe and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of the Tribe.
The Tribe will enforce its intellectual property rights to the fullest extent of the law.
In addition, the Tribe may offer a mobile application (“App”) for use in connection with the Services. The App is the property of the Tribe or its licensors, and is subject to and protected by applicable United States and international copyright and other intellectual property laws and rights. You will not obtain any ownership interest in the Materials or the Services through these Terms or otherwise. All rights to the App not expressly granted in these Terms are reserved to their respective copyright owners. Provided you are in compliance with these Terms, we grant to you a limited non-exclusive, non-transferable, royalty free personal license to download the App onto a single mobile device and to access and use the Services solely for purposes of playing Games and using the Services in accordance with these Terms. If you download the App from a third-party mobile app store (“App Store”), you agree to abide by the terms and conditions of the App Store and agree that the App Store shall have no liability for the App or your use of the Services.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by the Tribe; (iii) decompile, reverse engineer or disassemble the Services or the App except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Where applicable at the Services (e.g., on message boards), you are invited to post your own content (“User Content”). You understand that all User Content, whether you have publicly posted on a forum, posted as part of your profile, or privately transmitted to another Services user or to us, is your sole responsibility. Though the Services are designed to be a safe place to share such User Content, the Tribe cannot guarantee that other users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential and/or do not want others to use (including, but not limited to, photos, personal information, name, home address, telephone number, etc.), do not post it to the Services. Under no circumstances will the Tribe be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Services. THE TRIBE IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO THE SERVICES.
By posting any User Content to the Services, you hereby grant the Tribe a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You specifically waive any “moral rights” in and to the User Content to the maximum extent permitted by applicable law. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that you own the User Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this Section IV and that the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the Services.
You acknowledge and agree that the Tribe may preserve User Content and may also disclose User Content if required to do so by applicable law or in the good-faith belief that such preservation or disclosure is reasonably necessary to comply with legal process; enforce these Terms; respond to claims that any User Content violates the rights of third parties; or protect the rights, property, or personal safety of the Tribe, its users and the public. You understand that the technical processing and transmission of the Services, including your User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to each of the conditions in these Terms and further agree that each of these conditions applies forever and broadly with regard to the Tribe worldwide. Posting of User Content to or through the Services, including ideas or disclosures of opinions, is voluntary on your part. No confidential or additional contractual relationship is established by your posting of User Content or is to be implied by our review or subsequent use of your User Content. The Tribe shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through the Services. THE TRIBE SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT MAY RECEIVE FROM YOU AT OR THROUGH THE SERVICES, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU AS PROVIDER OF THE USER CONTENT.
You agree that you will not use the Services to:
(a) upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise unlawful or objectionable (including, without limitation, nudity and depiction of drug use);
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a representative of the Tribe, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Services;
(e) upload, post, email or otherwise transmit any User Content that you do not have a right to transmit under any applicable law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
(g) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
(h) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
(j) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
(k) “stalk” or otherwise harass another;
(l) collect or store personal information or data about other Services users, or disclose another user’s personal information or data to any third party;
(m) solicit personal information or data from anyone under 18 years of age; and/or
(n) “bot,” “hack,” “crack,” or otherwise attempt to circumvent any access control, copyright protection or license-enforcement mechanisms associated with or related to the Services.
You understand that by using the Services, you may be exposed to User Content created by others that is offensive, indecent or objectionable. The Tribe does not endorse or have control over what is posted as User Content. User Content is not reviewed by the Tribe prior to posting and does not reflect the opinions or policies of the Tribe. The Tribe makes no representations or warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through the Services. The Tribe assumes no responsibility for monitoring the Services for inappropriate submissions or conduct, but reserves the right to do so. If at any time the Tribe chooses, in its sole discretion, to monitor the Services, the Tribe nonetheless assumes no responsibility for the User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the Services users submitting any such User Content.
Notwithstanding the foregoing, the Tribe and its designees shall have the right to remove any User Content at any time, without notice and for any reason, including, but not limited to, User Content that violates these Terms or is otherwise objectionable, in the Tribe’s sole discretion. You agree that you must evaluate and bear all risks associated with the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. The Tribe may store User Content indefinitely. However, the Tribe has no obligation to store User Content or make it available to you in the future.
You are solely responsible for your interactions with other Services users. The Tribe reserves the right, but has no obligation, to monitor disputes between you and other Services users. The Tribe reserves the right to terminate your Services access if the Tribe determines, in its sole discretion, that doing so is prudent.
You may submit reviews or other feedback using forms on the Services. Any comments, suggestions, or feedback relating to the Services (collectively “Feedback”) submitted to the Tribe shall become the property of the Tribe. The Tribe will not be required to treat any Feedback as confidential and will not be liable for any ideas (including, without limitation, product, application, site, Services or advertising ideas) and will not incur any liability as a result of any similarities that may appear in the Services, or operations, in the future.
Without limitation, the Tribe will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever Feedback or other material you submit, and you, not the Tribe, have full responsibility for the Feedback or other material, including its legality, reliability, appropriateness, originality and copyright.
Links on the Services to third-party websites and applications may be provided as a convenience to you. If you use these links, you will leave the Services. Your dealings with third parties through links to such third-party websites or applications are solely between you and such third parties. You agree that the Tribe and its Affiliated Parties (as defined in Section VII below) will not be responsible or liable for any content, goods or services provided on or through these outside websites or applications or for your use of or inability to use such websites or applications.
You use these links at your own risk. You are advised that other websites on the Internet and mobile applications, including third-party websites and applications linked from the Services, might contain material or information that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. The Tribe expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appears on any third-party website or application.
Without limiting the foregoing, your correspondence or business dealings with, or participation in promotions of or purchases from, advertisers or third-party applications found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third-party application provider. You agree that the Tribe and its Affiliated Parties (as defined in Section VII below) shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third-party-application providers on the Services.
The Tribe is not responsible for any product or service (including third-party applications) sold on or through the Services or any claims of quality or performance made on or through the Services.
The Services offer the ability of users to play various Games, which may be subject to additional rules and policies issued by the Tribe or Home Casinos. You agree to abide by such rules and policies in any Games. You agree not to engage in any cheating, fraudulent or unsportsmanlike behavior or use any software, code or device that gives you an unfair advantage in any Game. Any violation of such rules and policies or Game rules shall be grounds for your disqualification from such Games and termination of your license to use the Services or Materials.
The Services may include an opportunity to purchase Virtual Goods (as defined below), using real-world money or otherwise. Virtual Goods may include in-game currency and/or other virtual items (“Virtual Goods”). A Virtual Good is a set of rights to digital items, as licensed by the Tribe. The Tribe grants you a limited, non-transferrable, revocable royalty free license to use the Virtual Goods, solely for use with the Services and within the scope of and in accordance with conditions established by Tribe for any given game. Regardless of any terminology used in connection with the Services, you do not own any of the Virtual Goods or acquire any rights therein other than as expressly set forth herein. The Virtual Goods are for entertainment purposes only and have no monetary value. Virtual Goods can never be redeemed for real money, goods, or any other item of monetary value from the Tribe or any other party. You understand that you have no right or title in Virtual Goods other than the extent of your limited license. Virtual Goods have no economic value and provide no economic advantage or gain to the user.
Any purchase of a limited license for Virtual Goods is final and is not refundable, exchangeable, or transferable, except in the Tribe’s sole discretion. You may not purchase, sell, or exchange Virtual Goods outside the Services. You do not own and shall not transfer your account to any third party. Any purported transfer of Virtual Goods or your account shall be void. Doing so is a violation of these Terms and may result in termination of your account with the Services and/or legal action. If you violate these Terms or if for any other reason your account is terminated, your license to the Virtual Goods shall be immediately terminated, without any compensation to you.
The Virtual Goods offered shall be at the discretion of the Tribe and the Tribe reserves the right to change, reduce and/or increase the offer of Virtual Goods, and to adjust the prices or methods of acquisition of Virtual Goods at any time without giving a reason. Furthermore, the Tribe is entitled, at its sole discretion, to cease offering Virtual Goods or making them available free of charge or for a fee. In exercising that right, Tribe shall have no liability to you for any perceived change in value of the Virtual Goods. You shall not be entitled to any compensation should the Virtual Goods licensed to you be withdrawn, or provided upon different conditions, regardless of whether said Virtual Goods are offered on a temporary or permanent basis.
The Tribe retains the right to modify, manage, control and/or eliminate your limited license with respect to Virtual Goods at its sole discretion. Prices and availability of limited licenses for Virtual Goods are subject to change without notice.
The Tribe reserves the right, at its own discretion, to refuse the allocation of Virtual Goods or to set limitations on the quantities of Virtual Goods or on the total amount of any Virtual Goods transaction. In case of suspicion of fraud, violation of applicable laws or of these Terms, the Tribe has the right to freeze acquisition processes and the related payment transactions until the situation has been clarified.
You can also earn “Loyalty Points” (which may be referred to as “Hearts”) based on your use of features of the Services, but Loyalty Points are not and will not be awarded or earned in any way related to or based upon the outcome of any Game play or any element of chance. Loyalty Points are virtual in-game points that you can redeem to obtain other Virtual Goods or items, services or experiences (each a “Reward”) offered by the Home Casinos or our Rewards partners. As with Virtual Goods, you do not in fact own the Loyalty Points you accumulate; rather, you are merely granted a limited license to use the software programs that manifest themselves as the Loyalty Points. Loyalty Points are not currency and may not be redeemed for cash.
We indicate on the Services how you can earn Loyalty Points, and reserve the right to modify, change or terminate the Loyalty Point program at any time. You must be a registered and active user of the Services to accumulate Loyalty Points. If you do not use your account by logging in using the Services at least once every six (6) months, your account will be deemed inactive. You can, at any time, reactivate your account by logging in and using the Services. However, when an account has been deemed inactive, we may, at our own discretion, and to the extent permitted by applicable law, expire (a) any Loyalty Points accumulated by you and (b) any Rewards which have been obtained but not yet redeemed. We reserve the right to correct any errors in the accumulation of Loyalty Points and/or the redemption of Rewards shown on your account.
In addition, when you exchange your Loyalty Points for Rewards, you may be asked to provide your name and email address. The name you provide must match the name that appears on a government-issued identification belonging to the person who has accumulated the Loyalty Points through his/her use of the Services. The identification will be used by our Rewards Partners to verify your eligibility.
Rewards are subject to additional terms and conditions provided by the Rewards partner, which may include a minimum age requirement, reward usage black-out dates, expiration dates, a limit as to the number and frequency of rewards that may be used within a specified period of time, the requirement to participate in the partner’s own loyalty program, which may exist independently of the Services and limitations on redeeming Rewards if you self-limit or self-exclude with the Reward provider or any regulatory agency, including any gaming regulatory agencies. We are not responsible for the terms and conditions of the Rewards. The selection and availability of Rewards is subject to change without notice and we make no guarantees as to the availability of any Reward.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE TRIBE, ITS OTHER AFFILIATED COMPANIES, HOME CASINOS AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES AND OTHER REPRESENTATIVES AND THE TRIBE’S LICENSEES, SERVICE PROVIDERS, VENDORS AND BUSINESS PARTNERS, INCLUDING PROVIDERS OF SOCIAL CASINO PLATFORMS (COLLECTIVELY, “THE TRIBE AND ITS AFFILIATED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE TRIBE AND ITS AFFILIATED PARTIES MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE TRIBE AND ITS AFFILIATED PARTIES OR ON OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL SERVICES AND PRODUCTS PURCHASED AND OBTAINED ON OR THROUGH THE SERVICE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND/OR SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE TRIBE AND ITS AFFILIATED PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES, WITH RESPECT TO THE PRODUCTS AND SERVICES (INCLUDING VIRTUAL GOODS AND SERVICES OR THIRD-PARTY APPLICATIONS) LISTED OR PURCHASED ON OR THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT OR SERVICE DEFECT OR FAILURE, SERVICE OR PRODUCT MISUSE, SERVICE OR PRODUCT ABUSE, SERVICE OR PRODUCT MODIFICATION, IMPROPER SERVICE SELECTION AND NON-COMPLIANCE WITH ANY WRITTEN DIRECTIONS.
THE TRIBE AND ITS AFFILIATED PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION; (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES; (III) FOR ANY DEFECTIVE PRODUCTS OR SERVICES; (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION; (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (VII) FOR ANY OTHER MATTER RELATING TO THE SERVICES OR ANY THIRD-PARTY WEBSITE OR APPLICATION. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE TRIBE AND YOU. THE PRODUCTS, THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE TRIBE AND AFFILIATED PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM THE TRIBE ON THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID THE TRIBE ANY AMOUNTS FOR ANY PRODUCTS, INFORMATION OR SERVICE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE TRIBE IS TO STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify, defend and hold harmless the Tribe and its Affiliated Parties against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct on the Services, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Services (including User Content and Feedback), your breach of these Terms, your infringement or violation of any rights of another, or termination of your access to the Services.
If you provide information on the Services (including through Facebook), you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Services, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, outdated or incomplete, or the Tribe has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, the Tribe has the right to suspend or terminate your account and prohibit any and all current or future use of the Services (or any portion thereof) by you. You are limited to one account with the Tribe and one account with each Home Casino, and you may not use false or fictitious names or use multiple email addresses to create multiple accounts with the Tribe or the Home Casino. In addition, you may not merge your accounts for any purposes, including to gain an unfair advantage in Game play.
You are responsible for maintaining the confidentiality of the password(s) and account(s) you may create and are fully responsible for all activities that occur under your password(s) and account(s). The Tribe reserves the right to refuse registration of, or cancel, a username in its sole discretion. You agree to (a) immediately notify the Tribe of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all actions resulting from the use of your account on the Services, including actions resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying the Tribe. The Tribe and its Affiliated Parties cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You agree to use the Services only for lawful purposes, and that you are responsible for your use of and communications on the Services. You agree not to post on or transmit through the Services any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use the Services in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Services.
You further agree that you will not access the Services by any means except through the interface provided by the Tribe for access to the Services. Creating or maintaining any link from another website or application to any page or functionality on the Services without the prior written authorization of the Tribe is prohibited. Running or displaying the Services or any information or material displayed on the Services in frames or through similar means on another website or application without the prior written authorization of the Tribe is prohibited. Any permitted links to the Services must comply with all applicable laws, rules, and regulations.
This Agreement is effective unless and until terminated by either you or the Tribe. You may terminate these Terms at any time, provided that you discontinue any further use of the Services. The Tribe also may terminate or suspend these Terms, at any time, without notice and accordingly deny you access to the Services, for any reason, including without limitation, if in the Tribe’s sole discretion you fail to comply with any term or provision of these Terms or your use is harmful to the interests of another user or the Tribe and its Affiliated Parties. Upon any termination of the Agreement by either you or us, you must promptly uninstall any mobile applications you obtained through the Services and destroy all materials downloaded or otherwise obtained from the Services, as well as all copies of such materials, whether made under the Agreement or otherwise. Additionally, upon termination, all achievements that a user has acquired may, in Tribe’s sole discretion, be terminated and forfeited. You have no property rights in any achievements. As to Virtual Goods and Loyalty Points, upon termination, your limited license and access to those Virtual Goods and Loyalty Points will be terminated and forfeited and you will have no further rights associated with the Virtual Goods and Loyalty Points and no right to compensation for any perceived value thereof, even if you paid actual money to acquire them
The Tribe reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Except as otherwise expressly stated in these Terms, you agree that the Tribe and its Affiliated Parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Services.
You agree that the Tribe may terminate or suspend your access to all or part of the Services, without notice, for any conduct that the Tribe, in its sole discretion, believes is in violation of these Terms or any applicable law or is harmful to the interests of another user or the Tribe and its Affiliated Parties.
In the event any account is inactive for a period of six (6) months, the Tribe reserves the right to terminate such account and/or cancel any accumulated Virtual Goods, points or other online balance associated with such account.
The restrictions, but not the licenses to you in Section III, and Sections IV, V, VII through IX and XII through XVII shall survive any termination of these Terms.
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available at http://www.staysafeonline.org.
(a) U.S. Site. The Services are controlled and operated by the Tribe from within the United States of America. The Tribe makes no representations or warranties that the content or materials of the Services are appropriate or lawful in any foreign countries, or that any items or applications offered for sale or download through links on the Services will be available outside the United States. You agree that you will not access the Services from the Excluded Jurisdictions or any territory where its contents are illegal, and that you, and not the Tribe and its Affiliated Parties, are responsible for compliance with applicable local laws. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export or re-export any content downloaded from the Services, or any copy or adaptation of such content, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.
(b) Governing Law. This Agreement shall be governed by, and construed and enforced in accordance with, the applicable laws of the United States, State of Florida and the Seminole Tribe of Florida, as they are applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles.
(c) Initial Dispute Resolution. We are available by email at email@example.com to discuss any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good-faith negotiations. All disputes not resolved through consultations and good faith negotiations will be resolved pursuant to the dispute resolution procedures of Tribe’s Gaming Commission.
Resolution of any concern unrelated to the Services, such as concerns or disputes related to Rewards offered by a Home Casino, are not covered by these Terms. Any concerns related to Rewards that may be offered by a Home Casino must be resolved according to the terms and conditions of the Home Casino loyalty program. Any concerns related to Rewards that may be offered by any Rewards partner that have been approved by the Tribe must be resolved according to the terms set out in the agreement between you and the Rewards partner.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in these Terms, the term “including” shall be deemed to be followed by the words “without limitation.”
The failure of the Tribe and its Affiliated Parties to insist upon strict adherence to any term of these Terms shall not constitute a waiver of such term or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of these Terms.
The “Disclaimer; Limitation of Liability” provisions of these Terms are for the benefit of the Tribe and its Affiliated Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
XVI. SOVEREIGN IMMUNITY
The Tribe, as a federally recognized Indian tribe, retains full sovereign immunity from suit. Nothing in these Terms shall be construed as a waiver of the Tribe’s sovereign immunity.
We respect the intellectual property rights of others and require that Services users do the same. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Seminole Tribe of Florida D/B/A Seminole Gaming
6300 Stirling Road, Suite 425
Hollywood, Florida 33024
Attn: Legal Department
We reserve the right, in our sole discretion, to terminate the account or access of any user of the Services who is the subject of repeated DMCA or other infringement notifications.
XVIII. CONTACT INFORMATION
If you have any comments, questions or complaints regarding these Terms or the Services, or wish to report any violation of these Terms, please contact us at firstname.lastname@example.org. We will endeavor to address any issue as soon as reasonably possible.
Notwithstanding the fact that our Games are available solely for non-gaming amusement, you are prohibited from playing any of our Games if you are on any patron self-exclusion list or other patron exclusion list of any jurisdiction applicable to you, which includes any statutory or regulatory exclusion lists or directories where individuals named therein are legally prohibited from playing casino games.
If you or someone you know has a gambling problem, crisis counseling and referral services can be accessed by calling the National Problem Gambling Helpline at 1-800-522-4700.
Last Updated: 01/18/2020
PLEASE REVIEW THESE PRIVACY POLICIES BEFORE REGISTERING OR USING THE HOME CASINO SITES.
We value your trust and respect your confidentiality. As a general practice, we do not provide any Personal Information gathered through forms, applications, websites, or other means to outside third parties, except to home casinos or as otherwise designated in this policy. We do not sell or rent any information gathered on the Sites, in the App, or in individual property players’ clubs to any third party.
The Sites, App and Services are intended only for users who are at least age 18. Please leave the Sites and do not create an account or use the Services or App if you are under the age of 18. We do not intentionally or knowingly collect Personal Information of any person under age 18. If you believe we have received Personal Information belonging to someone under age 18, please email@example.com and, after reasonable confirmation, we will delete the Personal Information of the minor.
We strongly support parental control of the internet. If you are a parent and want to prevent your children from using the Services, the Sites or the App, then you may want to consult the filtering software companies, such as Net Nanny and Cybersitter. Net Nanny and Cybersitter are third party service providers that are not affiliated with us or any of our affiliates and we have no responsibility for the services provided by such providers.
COLLECTION OF PERSONAL INFORMATION
Personal Information is information that identifies or is capable of being associated with a particular consumer. We do not collect Personal Information about visitors to our Sites or users of the Services, except when visitors or users specifically provide such information on a voluntary basis. Such Personal Information may be gathered in registrations, Player Profiles, applications, mobile applications, information requests, reservations, RSVPs, online purchases, online surveys, social media services and, in some instances, in the process of providing and utilizing offers from our third party strategic partners and alliances. To register an account with us, you must create a Player Profile with the following information: first name, last name, email and password. Providing additional Personal Information is optional; however, if you choose not to provide the requested Personal Information, you may not be able to use some or all of the features of the Site, the App or the Services.
You are responsible for keeping your account login credentials, including any Facebook login credentials, confidential. You should not share any login credential with any other person as you are responsible for all activity on your account whether accessed directly or through Facebook. You will immediately notify us if you are aware or suspect any unauthorized use of your account.
We may also monitor and collect information relating to your Game play and the purchase and sale of virtual goods items. Such information is used to track the performance of players, determine winners, and manage the values of items in their Player Profile and related accounts. PLEASE NOTE THAT YOUR GAME PLAY INFORMATION MAY BE MADE AVAILABLE TO OTHER USERS AND THE PUBLIC AS FOLLOWS: 1) if a player is in a tournament, their first name/last initial or “user name” is visible in the tournament leaderboard that all participating players can view, 2) player scores may be visible on the hourly/daily/weekly leaderboards for the Games, 3) such information may be made available in any other manner we may describe when and if you voluntarily provide such information and 4) if you voluntarily share such information via social media services (see also “User-Generated Content” with respect to this item 4).
We value opinions and comments from our visitors and we may conduct online surveys or issue invitations for you to take surveys. These surveys are entirely optional for all visitors to our Sites and users of our Services. Usually the information from such surveys is aggregated and used for improving our products, services and operations, and those of our subsidiaries and affiliates. In other cases, we will use the identifying information as a vehicle for responding to an individual question or comment or as otherwise specified in the survey at the time of the survey.
AUTOMATED INFORMATION COLLECTION
We may collect the following information about your use of our Sites or App through cookies and other online tracking technologies: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; your mobile device ID; the length of time you visit our Sites or App; and the referring URL or the webpage that led you to our Sites. We may combine this information with other information that we have collected about you, including, where applicable, your user name, name, and other Personal Information. Please see the section “Cookies/Online Tracking” below for more information.
If you have provided permission through your mobile device to allow us to collect location information through the App, we may obtain your physical location information from technologies like GPS, Wi-Fi, or cell tower proximity. The App may use the geolocation features of the App (GPS or network-based) and geolocation information that is collected through the App and your mobile device, to track your location and provide you information related to your physical location. You may withdraw your permission for us to acquire such physical location information from your mobile device through your mobile device settings; however, we do not control this functionality of your mobile device. If you have questions about how to disable your mobile device’s location services, please contact your mobile device service provider or the mobile device manufacturer.
There are two types of cookies: session cookies and persistent cookies.
Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Sites. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Sites.
Persistent Cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer.
Clear GIFs (also known as web beacons, web bugs or pixel tags) are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs in connection with our Sites to, among other things, track the activities of visitors to the Sites, help us manage content, and compile statistics about usage of the Sites. You may view and change your preferences at any time by using the “Privacy Settings” link found in the footer of our Sites. We and our third-party service providers also use clear GIFs in HTML emails to our customers to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
THIRD PARTY ANALYTICS/TRACKING
Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in the Cookies section (e.g., by disabling cookies). Please note that we do not collect, and we not aware of third parties that collect, Personal Information from users of the Sites about users’ online activities on third party websites.
USE OF PERSONAL INFORMATION
We use your information, including your Personal Information, for the following purposes:
To provide our Services, Sites and App to you, to communicate with you about your use of our Services, Sites and App, to contact an account holder regarding account status, changes to the account agreement, special discounts, promotions, products offered and other matters relevant to the Services, to respond to your inquiries, to fulfill your orders, and for other customer service purposes.
To process and transmit the content that you elect to share through the Services, Sites and App, and to track your physical location if you have permitted geolocation tracking through the App as described above.
To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using our Services, Sites or App.
For marketing and promotional purposes. For example, we may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you. We also may use the information that we learn about you to assist us in advertising our Services, Sites, and the App.
To better understand how users access and use our Services, Sites and App, both on an aggregated and individualized basis, in order to improve our Services, Sites and App and respond to user desires and preferences, and for other research and analytical purposes.
HOW WE SHARE YOUR INFORMATION
We may share your Personal Information as follows:
Service Providers. We may disclose Personal Information we collect from you to third-party vendors, service providers, contractors or agents who perform functions on our behalf (“Service Providers”). For example, we may contract with Service Providers to provide certain services, such as maintaining or servicing accounts, providing data storage and management, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing property management services, providing advertising or marketing services, or providing analytic services. We only provide our Service Providers with the information or access to information necessary for them to perform these services on our behalf. Each Service Provider must agree to use commercially reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect your Personal Information from unauthorized acquisition, access, use, or disclosure. Service Providers may only use the Personal Information to provide services to us and are prohibited from using Personal Information other than as authorized by us under this Policy.
Business Transfers. If we are acquired by, or merged with, another entity, if substantially all of our assets are transferred to another entity, or as part of a bankruptcy proceeding, or if we are evaluating or in negotiations with respect to any such transaction, we may transfer, or make available, the Personal Information we have collected from you to the other entity or resulting legal entity.
In Connection with Legal Process. We also may disclose the Personal Information we collect from you in order to comply with applicable laws or regulations, a government investigation, a judicial proceeding, court order, or other legal process, such as in response to a subpoena.
To Protect Us and Others. We also may disclose the Personal Information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, suspected violations of this Policy, suspected violations of any applicable terms and conditions for Services provided through this Site or at any hotel or casino owned or operated by Seminole Gaming, or as evidence in litigation in which we are involved.
Aggregated and De-Identified Information. We may share aggregated or de-identified Personal Information about users with third parties and publicly for marketing, advertising, research, or similar purposes.
We retain Personal Information about you for the time necessary to accomplish the purpose for which such information was collected, usually for the duration of any contractual relationship or as long as you use or are registered for any of the Services and for any period thereafter as legally required or permitted by applicable law. Our retention policies respect applicable statute of limitation periods and legal requirements. When we no longer need to use or retain your Personal Information for any business, commercial or lawful purpose, we will endeavor to destroy all records, both physical and electronic, containing your Personal Information.
We have in place certain reasonable technological and procedural security measures in an attempt to protect and safeguard the security of the Personal Information provided by our visitors and users. Reasonable measures will be taken to protect against unauthorized access, alteration, or disclosure of Personal Information. Despite these efforts, please understand that no system is perfect we cannot guarantee that unauthorized access or theft of data will not occur.
For features on our Sites and App that require a login or password, it is important for you to protect against unauthorized access to your account and your computer. Be sure to sign off when finished using a shared device.
The Services may permit users to communicate with other users, such as during Game play. Please note that any such communications may not be confidential and could be shared with other users or the public. Please note that all such communications are subject to the Acceptable Use Policy in our Terms and Conditions.
You have choices about the collection, use, and sharing of your Personal Information, including:
• Deletion: You can request that we erase or delete all or some of your Personal Information (for example, it is no longer necessary to provide services to you).
• Change or Correct: You can review and edit your Personal Information by logging onto the Site and visiting your Player Profile or “play for fun” account at any time.
• Object to or Restrict Use: You can request that we stop using some or all of your Personal Information or restrict our use of your Personal Information.
• Access: You can access the Personal Information you submit to our Sites via a Player Profile or “play for fun” account at any time.
• Copy: You can request a copy of your Personal Information.
Right to Portability – provides the ability to request Personal Information in machine-readable format (for example, CSV).
• Marketing: Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by clicking the unsubscribe link at the bottom of the email.
• Withdrawing Consent: If we have collected or processed your Personal Information with your consent, you may withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information based on other lawful processing grounds.
If you request access, correction, amendment or deletion of your Personal Information and you have more than one account with us, you will need to instruct us on each account separately. Reasonable access to Personal Information will generally be provided within thirty (30) calendar days at no cost to you, subject to limited exceptions prescribed by law or excessive requests. For your protection, we may need to verify your identity before fulfilling your request. Please note that we may need to retain certain information for recordkeeping purposes or to complete requests or transactions that occurred prior your request. We will also retain your Personal Information if reasonably necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes, maintain security, detect or prevent fraud and abuse, and enforce the Terms and Conditions of Use. We may also need to retain your Personal Information if required by gaming industry regulations, federal tax statutes and other legal requirements (e.g., information on our customers who self-report; tax reporting documents; player winnings, and any statistics, reports or listings that are required to protect our casino properties).
We aim to keep our information about you as accurate as possible. If you would like to access, update, review or change the details you have provided to us, please contact us as set out below.
PROCESSING IN THE UNITED STATES
We are located in the United States. Please be aware that, depending on your location, your Personal Information and communications may be transferred to and maintained on servers or databases located outside your state, province, or country. If you are located outside of the United States, please be advised that we store all Personal Information in the United States. The laws in the United States may not be as protective of your privacy as those in your location. By using the Site or Services, you agree that the collection, use, transfer, and disclosure of your Personal Information and communications will be governed by the applicable laws in the United States.
You may address all communications to Seminole Hard Rock Support Services, LLC, Attn: Data Protection Office (DPO), 5701 Stirling Road, Davie, Florida 33314, or email to firstname.lastname@example.org. Please include your name, address and phone number or email in all communications and state clearly the nature of your request. If you wish to make a request to access the Personal Information we collect and store about you, complete this form.
EU/US PRIVACY SHIELD COMPLIANCE
We comply with the EU/US Privacy Shield framework administered by the United States Department of Commerce regarding the collection, use, and retention of Personal Information we receive from the European Economic Area and the United Kingdom. We have certified that we adhere to the Privacy Shield Principles. For purposes of enforcing compliance with the Privacy Shield, we are subject to the investigatory and enforcement authority of the Federal Trade Commission.
Please include your name, address and phone number or email in all communications and state clearly the nature of your request or concern. If you wish to make a request to access the personal information we collect and store about you, complete this form.
We provide a private sector independent recourse mechanism (located in the United States) to investigate and expeditiously resolve individual complaints and disputes. This dispute mechanism will cover all categories of Personal Information except for human resources data. For more information, visit the website for ICDR®/AAA® EU-US Privacy Shield: International Centre for Dispute Resolution®, the international division of the American Arbitration Association® (ICDR/AAA) at go.adr.org/privacyshield.html. The services of ICDR/AAA are provided at no cost to you. Under certain limited conditions and as a last resort, the individual can invoke binding arbitration.
If we transfer your Personal Information to a third party, we will ensure the third party is contractually obligated to process your information only for limited, specific purposes consistent with this policy, to apply the same level of protection to that data as the EU-US Privacy Shield Principles, and notify us if it makes a determination that it can no longer meet this obligation. Upon notice, we will take reasonable and appropriate steps to stop and remediate unauthorized processing. In cases of onward transfer to third parties of data received pursuant to the EU-US Privacy Shield, we are potentially liable.
When required, we must disclose Personal Information to comply with lawful requests from government authorities including to meet national security and law enforcement requirements.
QUESTIONS AND CONCERNS
APPENDIX A – ADDITIONAL PROVISIONS APPLICABLE TO EUROPEAN ECONOMIC AREA DATA SUBJECTS
This Appendix outlines certain additional information that we must provide to persons in the European Economic Area as well as certain rights such residents have with respect to the processing of their Personal Information under the European Union’s General Data Protection Regulation (GDPR). For persons in European Economic Area, the term Personal Information means information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
A. Legal Bases for Processing of Personal Information
We process the Personal Information collected for the purposes described in the sections entitled “Collection of Personal Information”, “Information We Collect”, and “Use of Personal Information” in our Policy. The legal basis for our processing activities include processing Personal Information as necessary to comply with our contractual obligations, compliance with our legal obligations, protecting the safety of our employees, guests and others, for our legitimate business interests, and pursuant to your consent. The particular legal basis for the processing of your Personal Information is based on the purpose for which such information was provided or collected.
We use Personal Information, such as name, address, email and credit card information, as necessary to perform Services. For example, we are not able to provide our Services and products according to our contracts unless you provide us with certain necessary Personal Information. This collection and processing of the Personal Information is based on Article 6 paragraph 1(b) of the GDPR (necessary for the performance of a contract with you).
We may also process your Personal Information if we have received your consent, to respond to requests from you or to take actions in our legitimate interest, such as for marketing purposes or to otherwise inform you of our business operations, and to improve our products and services. Please note that if we rely on consent, you may withdraw your consent at any time, but such withdrawal will not affect the lawfulness of the processing of your Personal Information prior to the withdrawal.
B. Data Retention
See “Retention of Personal Information” above for our retention policies.
C. Data Subject Rights
Data subjects of the European Economic Area have the following rights:
Access, Correction and Erasure Requests: You have the right to:
contact us to confirm whether we are processing your Personal Information;
receive certain information on how your Personal Information is processed;
obtain a copy of your Personal Information;
request that we update or correct your Personal Information; and
request that we delete Personal Information in certain circumstances.
Right to Object to Processing: You have the right to request that we cease processing of your Personal Information based on our legitimate business interests, including profiling, unless we are able to demonstrate a compelling legitimate basis for such processing or we need to process your Personal Information for the establishment, exercise, or defense of a legal claim. You also have the right to object, at any time, to processing of your Personal Information for direct marketing, which includes profiling to the extent that it is related to such direct marketing.
Right to Restrict Processing: You have the right to request that we limit the processing of your Personal Information:
while we are evaluating or in the process of responding to a request by you to update or correct your Personal Information;
where such processing is unlawful and you do not want us to delete your data;
where we no longer require such data, but you want us to retain the data for the establishment, exercise, or defense of a legal claim; and
where you have submitted an objection to processing based on our legitimate business interests, pending our response to such request.
Data Portability Requests: You have the right to request that we provide you or a third party that you designate with certain of your Personal Information in a commonly used, machine-readable format. Please note, however, that data portability rights apply only to Personal Information that we have obtained directly from you and only where our processing is based on consent or the performance of a contract.
If you believe our processing of your Personal Information violates the GDPR, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work, or the place of the alleged violation.
D. Submitting Requests
European Economic Area data subjects can submit requests by completing this form. We will respond to all such requests within the timeframe required under the GDPR. Please note, however, that certain Personal Information may be exempt from such rights pursuant to the GDPR. In addition, we will not respond to any request unless we are able to appropriately verify the requester’s identity. We may charge you a reasonable fee for subsequent copies of Personal Information that you request. In addition, if a request is manifestly unfounded or excessive, we may either request a reasonable fee to respond to the request or deny the request.