Privacy Policy

PRIVACY POLICY GILA RIVER GAMING ENTERPRISES, INC. – BETGILA

This privacy policy (“Policy”) describes the information collection, use, sharing, and related practices applicable to the on-premises mobile gaming app (the “BetGila App”) provided by Gila River Gaming Enterprises, Inc. (“GRGE,” “we,” “our” or “us”) and to those who use it (“you” or “your”). As used in this Policy, the word “including” means including, without limitation. Capitalized terms not defined in this Policy have the definitions set forth in the Terms and Conditions for the BetGila App. If you have any questions about this Policy, please contact us at 1-800-946-4452. If you do not want us to collect, use, or share your information in the ways described in this Policy, please do not use the BetGila App.

Certain portions of the BetGila App are operated and managed by BetMGM LLC (“BetMGM”). BetMGM is a subsidiary and affiliate of MGM Resorts International. As described below, your information may be sent to BetMGM for processing as a third party data processor.

1. INFORMATION WE COLLECT IN CONNECTION WITH THE BETGILA APP

We collect information from a variety of sources and in a variety of ways, including the following:

A. Account Information. In order to use the BetGila App, you must register for a GRGE wagering account (“Wagering Account”). When you register for a Wagering Account, we may access and collect the information you provide (including your name, postal address, e-mail address, and date of birth) by which you can be personally identified. We may also ask you for additional information including your mobile phone number, social security number, and a government-issued photo identification such as your driver’s license or state identification card. For more information about how GRGE utilizes and shares information in connection with your Wagering Account, please see Section 2.B below.

When registering for a Wagering Account, if you provide a cell phone number, you agree to the Mobile Message Service Terms and Conditions available at https://playatgila.com/terms/, which are hereby incorporated herein.

B. Location, Gaming, and Transaction Information. When you use the BetGila App, we and our third-party service providers may collect information about your precise physical location, your gaming activity, and all transactions associated with your Wagering Account. If you wish to change our access or permissions, you may do so in your device’s settings, but be advised that any such changes may cause certain features of the BetGila App to be unavailable, including without limitation, the ability to place wagers. We may share this information, and any other information we collect about you, with the Arizona Department of Gaming, other government officials, regulatory agencies, and third parties including business partners and service providers.

C. Mobile Device Information. When you use the BetGila App, we and our third-party service providers may use cookies (see below), web beacons, tracking pixels, scripts, e-tags, and other technologies (“Tracking Technologies”) to collect and analyze information about you and your mobile device. Information collected through Tracking Technologies may include the type of mobile device; browser and operating system you are using; your mobile device identifiers, such as your MAC address; the name you have associated with your mobile device; the unique number associated with your Internet connection; your telephone number; your precise geographic location; and your activities within the BetGila App including the links you click, the pages you view, the number of times you click a page or use a feature of the BetGila App, the date and time you click on a page or use a feature, and the amount of time you spend on a page or using a feature. Information collected through Tracking Technologies is stored in log files. Although we do not recognize automated browser signals, which may include “do not track” instructions, we do not share any of the information we collect with third parties for online behavioral advertising.

D. Cookies. We may use cookies to store some information on your computer, laptop, tablet or mobile device when you access the BetGila App. Cookies are small text files that are stored on your computer or equipment when you visit certain online pages and record your preferences. Cookies allow us to remember things about your visits across the BetGila App but cannot access or use other information on your device. 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 cookies to track use of the BetGila App. We may also use cookies and third party cookies to monitor traffic to the BetGila App, improve the BetGila App, make it easier and/or more relevant for your use, and help us to show you advertisements which are relevant to your interests based on your use of the BetGila App.

If you choose to decline cookies, you may not be able to experience all of the interactive features available through the BetGila App. You can visit https://www.allaboutcookies.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 of features of the BetGila App.

E. Wi-Fi and Location Information. In order to use the BetGila App for on-premises mobile sports gaming, you may be required to use designated Wi-Fi services that will be made available to you at no cost on premises. When you use these Wi-Fi services, we might collect information (directly or through third party service providers) that includes the web sites you visit, the type of device and browser you are using, your device identification number, bandwidth used, session time, etc. We might also collect information about your precise physical location on premises for location, marketing or other purposes.

F. Affiliate and Third-Party Information. We may obtain information about you from casinos, resorts, platforms, and properties that are owned, operated, managed by or affiliated with GRGE (collectively “GRGE Affiliates”) and from third parties, including our business partners and other companies and individuals that refer you to the BetGila App. This information may include, among other things, information related to your Wagering Account that we need to make the BetGila App available to you, information to set up your Wagering Account and information necessary to connect your Wagering Account to your account with one or more of our business partners, including, but not limited to, your THE Card® Account.

2. HOW WE USE THE INFORMATION WE COLLECT IN CONNECTION WITH THE BETGILA APP AND OPT-OUT OPTIONS

A. GRGE

Marketing Purposes. We may use the information we collect in connection with the BetGila App for our own marketing purposes including notifying you of special promotions, offers, and events via push notifications, e-mail, and other means. We may also link personal information (including your name, mobile phone number, and e-mail address) with non-personal information (including information collected through Tracking Technologies and Wi-Fi services) and use such information for our own marketing purposes. If you do not want us to use your personal information for marketing purposes, you may opt-out in accordance with the “How to Opt-Out” section below.

Non-Marketing Purposes. We may use the information we collect in connection with the BetGila App for non-marketing purposes including (1) validating your identity; (2) sending you push notifications or e-mails to provide you with alerts and updates about your Wagering Account and the BetGila App; (3) monitoring, accessing and recording gaming-related activity; (4) conducting statistical or demographic analysis; (5) processing and tracking gaming and non-gaming transactions; (6) complying with legal and regulatory requirements; (7) customizing your experience with the BetGila App; (8) protecting and defending us against legal actions or claims; (9) preventing fraud; (10) debt collection; (11) satisfying contractual obligations; and (12) safety and security purposes including cooperating with law enforcement or other government agencies for purposes of national security, public safety, or matters of public importance when we believe that disclosure of information is necessary or appropriate to protect the public interest (collectively “Non-Marketing Purposes”).

B. Sharing with Affiliates

We may share the information we collect in connection with the BetGila App with GRGE Affiliates for marketing purposes and for Non-Marketing Purposes. If you do not want us to share your personal information with GRGE Affiliates for marketing purposes, you may opt-out in accordance with the “How to Opt-Out section below.

C. Sharing With Business Partners and Other Third Parties

Unless we have your consent, we will not share your name, address, or other personal information we collect in connection with the BetGila App with third parties for their marketing purposes. We may share any of the information we collect in connection with the BetGila App with third parties for Non-Marketing Purposes. You authorize GRGE to share the following information with business partners and other third parties for Non-Marketing Purposes: (1) the amount of money credited to, debited from, or present in your Wagering Account; (2) the amount of money you wager on any event; (3) your Wagering Account number and PIN; and (4) the identity of any event on which you wager. We require that these parties agree to process such information in compliance with this Privacy Policy and use appropriate confidentiality and security measures, and we use reasonable efforts to limit their use of such information.

D. Service Providers

We may engage service providers to provide certain services to us or to perform certain services on our behalf including analytics, marketing, fulfillment, etc. In some cases, service providers may collect or be provided with access to your information related to the BetGila App as reasonably necessary to perform such services on the condition that they not use or disclose your personal information for other purposes.

Regarding sharing of information with BetMGM about your Wagering Account, by registering for a Wagering Account and using the BetGila App, you expressly acknowledge that you understand and agree that (subject to compliance with applicable laws and with your express consent where required) we will provide BetMGM with certain information related to your gaming activity that is necessary for BetMGM to provide its services to us with respect to your Wagering Account and your use of the BetGila App, including but not limited to: (1) the amount of money credited to, debited from or present in your Wagering Account; (2) the amount of money you wagered on any game or gaming device; (3) your Wagering Account number and secure personal identification method that identifies you; (4) the identities of particular entities on which you are wagering or have wagered on in the past; and (5) your name, address or other information that we possess that would identify you to anyone other than us or applicable gaming regulators (“Account Information”). The Account Information that we may provide to BetMGM represents the information that BetMGM needs to operate and manage certain functions of the BetGila App.

E. Certain Business Transactions

We may share all of the information we collect in connection with the BetGila App with any successor to all or part of our business in connection with a transaction involving a sale, purchase, reorganization, merger, or transfer of any our assets or the assets of GRGE Affiliates.

F. How to Opt-Out of Marketing from Us and How to Opt-Out of Having Your Personal Information Shared with Others for Marketing Purposes

If you wish to opt-out of receiving marketing communications from us in connection with the BetGila App or from GRGE via postal mail, e-mail, telephone, and text messaging, or do not want us to share your personal information for marketing purposes with GRGE Affiliates please e-mail us at [email protected] or write to us at:

Gila River Casinos

5040 Wild Horse Pass Blvd.

P.O. Box 6790

Although you may opt-out of the use and sharing of personal information for marketing purposes, we may still use and share information we collect for Non-Marketing Purposes.

3. Security

Information collected by us through the BetGila App is stored on secure servers located in the United States. The United States may not offer a level of privacy protection as great as that offered in other jurisdictions. We make no representation that the practices described in this Policy are compliant with laws outside of the United States.

Our servers are protected by firewalls and other industry standard security measures. These security measures are intended to protect our servers from unauthorized access. However, no security system is impenetrable, and these systems could become accessible in the event of a security breach. We have controls in place that are designed to detect potential data breaches, contain and minimize the loss of data, and conduct forensic investigations of a breach.

Our staff is required to take reasonable measures to ensure that unauthorized persons cannot view or access your personal information. Employees who violate our privacy policies are subject to disciplinary action, up to and including termination of employment. We cannot enforce or control the security of the computers, electronic devices, or electronic communication method that you may use to send e-mails and submit information to us over the Internet. You are responsible for ensuring that the computers, electronic devices and electronic communication methods you use will provide adequate security for communicating with us. We are not responsible for the disclosure or interception of information that you send us before we receive it.

As a standard security practice, we will take reasonable steps which are generally recognized in the industry to ensure that the communication methods used to support the BetGila App do not permit connection or communication by methods that have known security weaknesses or vulnerabilities. As such, if you experience trouble using the BetGila App, it may be an indication that you need to upgrade your Internet browsing tool or application to a newer version that supports more secure communication methods.

In situations where your personal information is collected by third parties under contract with us for performance of their contractual duties and other purposes, we require such third parties to exercise reasonable care to protect that information and restrict the use of your personal information to the purposes for which it was provided. When we share your personal information with BetMGM, GRGE Affiliates or third parties in accordance with this Policy, we require them to exercise reasonable care to protect such information and restrict the use of such information to the purposes for which it was provided to them.

4. ACCESS TO PERSONAL INFORMATION

We will retain the information we collect about you as long as your Wagering Account is active. When your Wagering Account is terminated, we will retain your personal information for as long as necessary to comply with our legal and regulatory obligations, resolve disputes, reasonably manage our business, and enforce contractual agreements. You may access, update, and correct inaccuracies in your personal information which is in our custody and control by visiting the location where you registered for your Wagering Account or another designated location.

5. OTHER WEB SITES

We are not responsible for the information collection or privacy practices of other web sites, including web sites accessible through the BetGila App. You should review and understand the privacy policies posted on any linked sites you visit before using those sites or providing any personal information on them.

6. PERSONS UNDER 21

The BetGila App is intended for persons 21 or older. If you are under 21, you may not access or attempt to access or use the BetGila App. We do not knowingly collect or allow the collection of personal information from persons under 21.

7. CHANGES TO THIS POLICY

We may revise this Policy from time to time in our sole discretion. We will notify you of any material revisions by sending you an e-mail and/or by placing notice of the revised Policy on the BetGila App. For material changes to the Policy, you may be required to acknowledge acceptance of such change. For non-material changes, or changes approved by the Arizona Department of Gaming or another regulator where an acknowledgement is not required, your continued access or use of the BetGila App following any amendments to the Policy constitutes your acceptance of the Policy as amended. It is your sole responsibility to review the Policy and any revisions thereto each time you use the BetGila App.

EFFECTIVE: June 23, 2022