This Policy governs the information collection, use, sharing, and related practices applicable to the Services in New Jersey only. This Policy is separate and distinct from the privacy policies that govern the online gaming services offered by MGM Resorts International in other jurisdictions, including the State of Nevada.
The Services currently operate under and pursuant to the Internet Gaming Permit issued to Marina District Development Company, LLC by the New Jersey Division of Gaming Enforcement pursuant to and in accordance with the Casino Control Act (the “Act”), N.J.S.A. 5:12-95.21. Borgata is authorized to conduct Internet Gaming in the State of New Jersey pursuant to the Act under a license issued to Marina District Development Company, LLC (NJIP 15-001). This Policy is at all times subject to the authority of the New Jersey Division of Gaming Enforcement.
I. INFORMATION WE COLLECT
We collect information from a variety of sources and in a variety of ways, including the following:
Account Information. In order to use the Services, you must register for an Account. When you register for an Account, we may access and collect the information you provide including your name, postal address, e-mail address, and date of birth. 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, state identification card, or passport.
Location, Gaming, and Transaction Information. When you use the Services, we and our third party service providers may collect information about your precise physical location, your gaming activity, and all transactions associated with your Account. We may share this information, and any other information we collect about you, with the New Jersey Division of Gaming Enforcement and other government officials.
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.
If you choose to decline cookies, you may not be able to experience all of the interactive features available through the Services. 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 the Services.
Wi-Fi and Location Information. In your use of the Services, we may 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. There are Federal law prohibitions and restrictions relating to wagering on the Internet (including such prohibitions and restrictions set out in 18 U.S.C. §§ 1084 et seq. (“The Wire Act”) and 31 U.S.C. §§ 3163 through 3167 (“UIEGA”)). It is a Federal offense for persons physically located outside of New Jersey to engage in Internet wagering through any New Jersey casino, including wagering on the Services. We and our service providers utilize several current technologies, and may use future technologies, in order to (i) verify your physical location while you are wagering on the Services and (ii) improve the location-based services. Tracking Technologies report your physical location from the computer or Internet-connected device that you choose and from which you are accessing the Services. Tracking Technologies obtain your physical location by accessing your IP address, MAC address, RFID, hardware embedded article/production number, embedded software number (such as UUID, Exif/IPTC/XMP or modern steganography), Wi-Fi positioning system, or device GPS coordinates. The Tracking Technologies report to us, our service providers and/or the New Jersey Division of Gaming Enforcement the physical and geographic location of the computer or Internet-connected device from which you are accessing the Services. Your precise or near-precise physical location will be reported to us, our service providers and/or the New Jersey Division of Gaming Enforcement when you use the Services. You may withdraw this consent at any time by turning off the location settings or by notifying us in writing that you would like to withdraw such consent. If you turn off the location settings or withdraw such consent, you will not be able to access real money games and tournaments via the Services. Your location information is retained for up to ten (10) years as required by the New Jersey Division of Gaming Enforcement and applicable state and federal regulations. Location coordinate data is transmitted via Secure Socket Layer (SSL) technology and stored in password protected servers managed by us and our geolocation and operating partners. Neither us nor our partners will pass on or resell your location information to any third party except that they reserve the right to provide location information as necessary to satisfy any law, regulation or government agency request.
Affiliate and Third Party Information. We may obtain information about you from MGM Resorts International and casinos, resorts, and properties that are owned, operated, managed by or affiliated with MGM Resorts International (collectively “MGM Affiliates”) and from third parties, including our business partners.
II. HOW WE USE THE INFORMATION WE COLLECT
A. Use by Borgata
Marketing Purposes. We may use the information we collect 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 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 Account and the Services; (3) monitoring 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 Services; (8) protecting and defending Borgata, MGM Resorts International, and all other MGM Affiliates against legal actions or claims; (9) preventing fraud; (10) debt collection; (11) satisfying contractual obligations; and (12) 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 MGM Affiliates
We may share the information we collect with MGM Affiliates for marketing purposes and for Non-Marketing Purposes. If you do not want us to share your personal information with MGM Affiliates for marketing purposes, you may opt-out in accordance with the “How to Opt-Out” section below.
C. Sharing with Third Parties
We may share the information we collect with our business partners and other third parties for (1) Non-Marketing Purposes, (2) joint marketing purposes, and (3) our business partners’ own marketing purposes.
D. Certain Business Transactions
We may share all of the information we collect 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 MGM Affiliates.
E. How to Opt-Out
If you wish to opt-out of receiving marketing communications from us, or do not want us to share your personal information for marketing purposes with our business partners, third parties or MGM Affiliates, please e-mail us at email@example.com, call us at (866) 761-7111, or write to us at:
MGM Resorts International
3549 Industrial Road
Las Vegas, Nevada 89109
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.
Non-gaming information and non-live gaming data collected by us through the Services is stored on secure servers located in the United States. Internet wagering and live game play data collected by us through the Services is stored on secure servers located in Atlantic City, New Jersey. Our Atlantic City, New Jersey and other United States-based servers 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 Services do not permit connection or communication by methods that have known security weaknesses or vulnerabilities. As such, if you experience trouble using the Services, 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 MGM 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.
IV. ACCESS TO PERSONAL INFORMATION
We will retain the information we collect about you as long as your Account is active. When your 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 Account or another MGM Resorts International designated location.
V. OTHER WEB SITES
We are not responsible for the information collection or privacy practices of other web sites, including web sites accessible through the Services. 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.
VI. INTERNATIONAL TRANSFERS
Information collected on the Services may be stored and processed in any country in which we or our affiliates, suppliers, third-party electronic payment processors and/or financial institutions or agents maintain facilities. By using the Services, you expressly consent to any transfer of information outside of your country (including to third countries that may not have been assessed as having adequate privacy laws). Nevertheless, we take steps to ensure that our agents, affiliates and suppliers comply with our standards of privacy regardless of their location.
VII. PERSONS UNDER 21
The Services are for use by persons 21 or older. If you are under 21, you may not access, attempt to access, or use the Services. We do not knowingly collect or allow the collection of personal information via the Services from persons under 21.
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 Services or any place through which you access the Services. 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 New Jersey Division of Gaming Enforcement where an acknowledgement is not required, your continued access or use of the Services 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 Services.
EFFECTIVE:April 10, 2019