PRIVACY POLICY

Privacy Notice

Use of the Services is subject to the terms of our Empire City Casino Privacy Policy, which is hereby incorporated into and made part of this Agreement. Please carefully review ourEmpire City Casino Privacy Policy. By using the Services, you acknowledge that you have read, and you agree to be bound by the Empire City Casino Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of the Services, account registration, and any other personal information provided by you in accordance with our Empire City Casino Privacy Policy. You further acknowledge and agree that any disputes related to the Empire City Casino Privacy Policy, including any breaches in security or privacy, will be subject to the limitations on liability and dispute resolution provisions contained in this Agreement.

PRIVACY NOTICE

Welcome to the Empire City Casino online privacy policy (the "Policy") for the https://play.empirecitycasino.com/ website (“Website”),. As used in this Policy, the terms "you" "your," and "yours" refers to you the user of the Website or any other guest, person or entity who accesses or uses the Website or services from the Website; and the terms "Company", "we", "us", "our", or "ours" refers to the MGM Yonkers, Inc. d/b/a Empire City Casino (“Empire City”), whose registered office is at 810 Yonkers Avenue, Yonkers, New York 10704 914-968-4200. Information is collected and used by the Company, in partnership with GAN Nevada, Inc., a company based in Irvine, California and Las Vegas, Nevada, with its registered office address at 10801 W Charleston Blvd, Suite 125, Las Vegas, Nevada, USA (“GAN”), as set forth herein. GAN collects information and shares the information with the Company in order to provide the Services.

You should read this Policy in conjunction with the Website Terms and Conditions.

I. INFORMATION WE MAY COLLECT

A. Personal Information

"Personal Information" refers to information through which you can be identified. We collect Personal Information that you provide voluntarily to us. Some examples of Personal Information that we may collect include your name, date of birth, postal address, e-mail address, telephone number, gender, other information collected on registration, or through surveys which Company may undertake, your gaming activity and purchase information. Some Personal Information is considered "Confidential Personal Information". Confidential Personal Information is your full name in combination with one or more of the following: credit or debit card number, financial account number, driver's license number, state identification card number, passport number, and naturalization number.

In addition to Personal Information that you provide voluntarily to us, we may obtain Personal Information from third parties including, but not limited to, business partners, social media, online vendors and service providers, family members, friends, from customer lists lawfully acquired from third-party vendors, and entities that direct you to or are located on or made available through the Website. In situations where your Personal Information is collected by third parties under contract with us, we require these third parties to exercise reasonable care to protect your Personal Information and restrict the use of your Personal Information to the purposes for which it was provided.

B. Non-Personal Information

“Non-Personal Information” refers to information about you or your activities through which you cannot be personally identified. When you use the Internet, your web browser or software may transmit certain information to the servers that host the web sites you visit. Such information may include, for example, the unique number assigned to your server or Internet connection, and your interactions with the Website, including what pages you view and what information you download. When you visit the Website, your Non-Personal Information may be collected. Non-Personal Information may be linked to Personal Information.

C. Cookies and Information Collected by Advertising Companies

When you visit the Website, we use "cookies" and similar technologies to help us recognize and serve you better. Cookies are small files that contain information sent by a website that is saved on your computer's hard drive. Cookies enable us to gather data such as web pages visited, links clicked, and material download. Cookies also are used to put a unique identifier on your computer. In situations where it is possible to do so, this unique identifier may be linked to Personal Information. This helps us to generate statistics regarding usage of the Website, such as the percentage of repeat visitors, to recognize you when you next visit the Website, to note the advertisements you click on and the other sites you enter via a link from our Website. This allows us to tailor the service we provide to your preferences and use the data generated from cookies to compile statistical data on your use of our website. We may send you a permanent cookie when you register with us, but You are not obliged to accept a cookie from us or from any other website. There are different types of cookies including "browser" cookies (also known as html cookies) and Flash cookies (also known as Local Shared Objects). You can configure your browser to reject browser cookies or to notify you when browser cookies are offered so that you can accept or reject such cookies. However, if you reject browser cookies, you may not be able to conduct some transactions or use some services on the Website, and for legitimate security reasons you may be refused access to specific Website content unless you accept the use of a cookie or similar device. Blocking or deleting browser cookies may not block or delete other types of cookies including Flash cookies. You can modify your browser so that it will not accept cookies. Please consult the "Help" section of your browser for instructions on how to do so correctly.

You can read more about “coolies” and tracking technologies further in clause VIII of current Policy.

Third-party advertising companies that work with us may also use cookies and similar technologies to collect Non-Personal information at the Website and other websites for a variety of purposes including providing you with advertisements that are likely to be of interest to you.

We reserve the right to use such third-party advertising technology to serve advertisements when you visit the Website. This technology uses information about your visits to our Website to serve our advertisements to you. In the course of delivering our advertisements to you, a unique third-party 'cookie' may be placed or recognized on your browser. We also transmit Website usage information about visitors to our Website to the servers of a reputable third party for the purpose of targeting our Internet banner advertisements on this site and other sites. To do this, we use “Web beacons” and “cookies” provided by our third-party advertisement server on our sites. The information that is collected and logged on our behalf through this technology is not personally identifiable.

This type of ad customization is sometimes referred to as "behavioral advertising". We are not responsible for the functioning of cookies and other technologies used and placed by third parties on your device. We do not always control third parties’ collection or use of your personal information to serve interest-based advertising. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. These third parties may provide you with ways to choose not to have your personal information collected or used in this way.

We cannot ensure the protection of any information or images that you provide to a third-party online site that links to or from our Website, the services or any information collected by any third party administering our affiliate program (if applicable) or any other program, since these third-party online sites are owned and operated independently of us. Any information collected by these third parties is not governed by this Policy, but by the privacy policy, if any, of such third party. If you have questions about a third party's information practices, please read its privacy policy. We assume no responsibility or liability whatsoever for the practices, actions or policies of such third parties, and we are not responsible for the content or privacy practices of such third party online sites.

II. HOW WE USE THE INFORMATION WE COLLECT

A. Uses by the Company

By accepting this Policy through the use of Website and/or our products or services, you agree to the terms of this Policy, and you expressly consent to the processing, transferring, and storing of your Personal Information and Non-Personal Information according to this Policy.

Except for Confidential Personal Information, we may use Personal Information and Non-Personal Information for our own marketing purposes, including, but not limited to, notifying you of special promotions, offers and events via postal mail, e-mail, telephone, text message, and other means. Confidential Personal Information will not be used for marketing purposes without your express consent.

We may also use Personal Information and Non-Personal Information for non-marketing purposes. Some examples of such use include:

1. provision of online games service, processing and fulfilling purchases;
2. conducting statistical or demographic analysis;
3. customizing your experience at the Website;
4. responding to your inquiries or other communications, provision of customer support services to you;
5. marketing our services or products or those of other entities existing within the same group of companies to which Empire City Casino belongs.

We may combine Personal Information with other generally or publicly available information to help us identify your preferences or interests. Your Personal Information may also be merged with Personal Information available from other sources such as:

1. companies that match e-mail addresses with postal addresses and other information;
2. credit card verification and credit services; and
3. other resorts, casinos, or properties that are owned, operated, or affiliated with the Company.

If you do not want us to use your Personal Information for marketing purposes, you may opt-out of such uses by notifying us in accordance with the process set forth herein. Opting-out will not prevent your Personal Information from being used for non-marketing purposes.

B. Sharing With Business Partners and Other Third Parties

Except for Confidential Personal Information, we may share your Personal Information with:

any companies of the group to which the Empire City belongs, and their employees or advisers or designees or nominees who have a need to know such information; and

our business partners for joint marketing efforts, or for our business partners' own marketing purposes; and

any third parties which provide services to Empire City in order to allow or enable us to provide you with online Games services, including by way of example payment processors and data verifiers; and

any auditors, contractors or other advisers auditing any companies of the group to which the Empire City belongs; and

any potential purchasers or investors in any company of the group to which the Empire City belongs; and

government institutions or authorities if requested and required by applicable law.

When we provide Personal Information to our business partners, we require them to exercise reasonable care to protect your Personal Information and restrict the use of your Personal Information to the purposes for which it was provided to them. If you do not want us to share your Personal Information with business partners for marketing purposes, you may opt-out of such sharing by notifying us in accordance with the process set forth herein.

Although you may request to opt-out of sharing Personal Information with our business partners for marketing purposes, we may disclose Personal Information to our business partners and other third parties for the following purposes:

for non-marketing purposes, such as processing and fulfilling reservations or purchases;

to comply with a court order, subpoena, search warrant or other valid legal process;

to comply with legal, regulatory or administrative requirements of any governmental authorities;

to protect and defend our rights, us, or our affiliates, and all of their or our officers, property, directors, employees, attorneys and agents in connection with any legal action, claim or dispute;

to satisfy any contractual obligation to indemnify our contractors, business partners or other third parties in connection with any legal action, claim or dispute;

to enforce the Terms and Conditions of the Website;

to prevent imminent physical harm or threats to public safety;

to third-party vendors that the Company may use to perform functions, such as credit card transactions;

to prevent fraud;

to engage in debt collection;

to keep your credit card on file for future purchases unless you tell us not to;

to ensure minors do not gain entry to our online gaming services, inter alia, to casino;

to maintain and improve our Website, products, or services, marketing, or customer relationships and experiences;

to detect, prevent, and address technical issues, to debug and repair errors that impair the functionality of our Website and services, to improve them, upgrade, or enhance;

to provide customer support and answer any questions or inquiries you make to us;

to administer our Website and conduct internal operations, including for internal research, troubleshooting, data analysis, testing, research, statistical, and survey purposes, to gather analysis or valuable information so that we can improve our Website, products and services,

to detect cheating, or attempts to defraud Empire City, the group of companies to which the Empire City belongs, GAN, Game Account, or any other user of the services in any way, including, but not limited to, game manipulation or payment fraud, suspension in fraudulent payments, including use of stolen credit cards, or any other fraudulent activity (including any chargeback or other reversal of a payment) or prohibited transaction (including money laundering), and

otherwise with consent or as permitted or required by law.

When we provide your Personal Information to our business partners and other third parties for such purposes, we require them (to the extent feasible) to exercise reasonable care to protect your Personal Information and restrict the use of your Personal Information to the purposes for which it was provided to them, but we do not verify any third party compliance with such requirement and we are not responsible for any failure by our business partners or third parties to comply with this requirement.

III. YOUR COMMUNICATION PREFERENCES

A. How to Opt-Out

If you wish to opt-out of receiving solicitations from us or from any other companies of the group to which Empire City belongs, or do not want us to share your Personal Information with our business partners for marketing purposes, please email us at [email protected] by sending a blank message with the word "Remove" in the subject area.

B. Telemarketing

Even if you registered your telephone number on a Do-Not-Call list, certain exemptions may allow us to contact you by telephone. If you would like to opt-out of receiving telemarketing sales calls from us, please email us at [email protected].

Despite your election to opt-out, if you are still receiving Services from us, we may contact you by other means regarding your account, transactions, and your activities with the Services.

IV. SECURITY

Personal Information and Non-Personal Information collected by us are stored on secure servers based in the United States, which are protected by firewalls and other industry standard security measures. These security measures are intended to protect our servers from unauthorized access.

In addition, when you interact with Empire City using the Internet, our servers keep an activity log unique to you that collects certain administrative and traffic information including: source IP address, time of access, date of access, web page(s) visited, language use, software crash reports and type of browser used. This information is essential for the provision and quality of the services provided.

The processing of your credit / debit card details is handled by third party companies who comply with Payment Card Industry (“PCI”) standards in the storage and transmission of data. In order to continue playing the games using Credit, you may be required to purchase Credit and therefore send real money to us. We may use third-party electronic payment processors and/or financial institutions (“ESPs”) to process such financial transactions. By accepting this Privacy Policy, you expressly consent to the Personal Information necessary for the processing of transactions being shared with ESPs, including, where necessary, the transfer of information outside of your State and/or country. We take all reasonable steps to ensure that our arrangements with ESPs protect your privacy.

However, the transmission of information via the internet is not completely secure, no security system is impenetrable, and these systems could become accessible in the event of a security breach. Although Empire City will do its best to protect your Personal Information as described in the paragraph above, it cannot guarantee the security of any information that you disclose online. 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. You accept the inherent security implications of using the internet and will not hold us responsible for any breach of security unless we have been negligent. For your own privacy protection, we encourage you not to include sensitive Information (such as credit/debit card numbers) in any emails you may send to us.

Our team 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.

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 standard in the industry to ensure that the communication methods used to support the Website does not permit connection or communication by methods that have known security weaknesses or vulnerabilities. As such, if you experience trouble using the Website, 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.

V. SECURITY REVIEW

We reserve the right to conduct a security review at any time to validate your identity, age, the registration data provided by you and to verify your use of the services and your financial transactions for potential breach of our Website, Terms and Conditions and of applicable law. By accepting this Policy, our Website Terms and Conditions you authorize us, our employees, agents and suppliers to use your Personal Information and to disclose your Personal Information to third parties for the purposes of validating the information you provide to us in the course of using the services, including, where necessary, the transfer of information outside of your country. Security reviews may include but are not limited to ordering a credit report and/or otherwise verifying the information you provide against third-party databases. In addition, to facilitate these security reviews, you agree to provide such information or documentation as we may request.

Our services contain certain features designed to detect the use of automated programs that enable artificial (non-human) intelligence to play on our websites. Use of such 'bot' software programs violates current Policy, our Website Terms and Conditions, where we deem it detrimental to other players. By accessing the Website and using the services, you consent to our software performing the functions described in this section. Our software may perform any or all of the following functions in order to detect the use of illicit automated programs and ensure that we maintain a “cheat free” environment for all users:

1. scan your list of active software applications while you are using the services;
2. scan your list of active processes while you are using the services; and/or
3. scan the files and site-related program folders to ensure that only “non-hacked” versions of our software are being used.

If any of the foregoing processes reveals a suspect application or process, our software may scan the files associated with the suspect application or process and compile a composite mesh (i.e., a profile that characterizes the files associated with the application or process) to be matched against profiles for known illicit automated programs. Our software will not perform any random search of large portions of your hard drive, equipment or files, and it will not transmit any information to us or to any third party other than the information necessary to identify use of illicit automated programs as described above. Our software will not alter any files or information on your computer or other equipment and will not interfere with the operation of any of your applications. You may terminate use of our software at any time by uninstalling our software package.

VI. RIGHTS OF CALIFORNIA, COLORADO, NEVADA, CONNECTICUT, UTAH AND VIRGINIA RESIDENTS

If you are a resident of California, Colorado, Nevada, Connecticut, Utah or Virginia, you have other rights under your respective states’ consumer privacy statutes:

Right of Access: You can access your collected Personal Information by contacting us at [email protected] .

Right to Correct, Update, or Delete: You can correct, update, or request deletion of your Personal Information by contacting us at [email protected]. We can’t make changes to or delete your information in some situations where it is necessary for us to maintain your information, for example if we need the information to comply with applicable law.

Right to Request Disclosure of Information Collected: Please contact us at [email protected] to request further information about the categories of Personal Information we have collected about you, where we collected your Personal Information, and for what purpose we use your Personal Information.

Right to Disclosure of Information Sold or Shared and Right to Opt-Out of the Sale or Sharing of your Personal Information: You have the right to know what information of yours we have sold, the categories of Personal Information shared, and you have the right to opt-out of any sale or sharing of your information. We do not sell or share any of your information. If you have any questions about these rights, please contact us at [email protected] .

Rights to Disclosure of Sensitive Information (California): If you are a resident of California, you have a right to know how we collect, process, and disclose “Sensitive Personal Information” (SPI). SPI includes highly sensitive data such as: social security number; driver’s license; passport number; financial account information and log-in credentials; precise geolocation data; genetic data; and ethnic origin. We collect and process the following types of SPI: social security number, financial account information and log-in credentials, and precise geolocation data through IP Address. We use the SPI to provide the Services to you and to be able to process payment from you. If you have any questions about the disclosure of SPI, please contact us at [email protected].

Right to Retention Details (California): If you are a resident of California, you have a right to know the length of time we to retain each category of Personal Information or if that is not feasible, the criteria we will use to determine that retention period. If you have any questions about this right or our data retention protocol, please contact us at [email protected].

Right to Disclosure of Targeted Advertising and Right to Opt-Out (Connecticut, Colorado & Virginia): If you are a resident of Connecticut, Colorado or Virginia, you have the right to know what information of yours we have processed for targeted advertising. We do not engage in targeted advertising. If you have any questions about these rights, please contact us at [email protected].

Right to Disclosure of Profiling (Connecticut, Colorado & Virginia): If you are a resident of Connecticut, Colorado or Virginia, you have the right to know what information of yours we have processed for the purposes of profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer. If you have any questions about these rights or wish to opt-out of any processing of your Personal Information as it relates to profiling, please contact us at [email protected].

Right to Non-Discrimination: We do not and will not discriminate against you if you exercise your rights under the CCPA, CPA, NPICICA, CTDPA, UCPA and VCDPA.

Right to Appeal: you have the right to submit an appeal if you are not satisfied with the outcome of your request. Please send your appeals directly to [email protected].

Right to Submit a Complaint to a Data Protection Authority, Attorney General, or Gaming Commissions: You have the right to file a complaint concerning the use or storage of your Personal Information

When you contact us regarding any of your rights under the CCPA, CPRA, CPA, NPICICA, CTDPA, UCPA or VCDPA we will verify your identity before we provide any information. If you have any questions or comments about your rights under the CCPA, CPRA, CPA, NPICICA, CTDPA, UCPA or VCDPA please contact us at [email protected]. Please, mind that we reserve the right to levy a small charge to cover the cost of administration.

VII. DATA RETENTION

A. Retention of Personal Information

We retain your Personal Information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances we may anonymize your Personal Information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

B. Disposal of Personal Information

Upon the expiration of the retention period, we will securely dispose of your Personal Information in accordance with applicable laws and regulations.

C. Request for Deletion

In some circumstances, you can ask us to delete your data.Please, note that deletion of your Personal Information may result in you no longer eligible to receive our Services. Also we can’t make changes to or delete your information in some situations where it is necessary for us to maintain your information, for example if we need the information to comply with applicable law.

D. Changes to Our Data Retention Policy

We reserve the right to revise this Data Retention policy at any time without notice. When this Data Retention policy is revised in a material way, notice will be posted on the Website along with the revised policy.

VIII. COOKIES AND TRACKING TECHNOLOGIES

A. Use of Cookies

We use cookies, pixels, or web beacons and similar tracking technologies to collect and use Personal Information about you, including to serve interest-based advertising. Cookies are small data files stored on your hard drive or in device memory that help us improve our Website and your experience, see which areas and features of our Website are popular, and count visits.

B. Types of Cookies

We use several types of cookies on our Website including session cookies, persistent cookies, and functionality cookies. Session cookies are temporary and are automatically deleted once you close your internet browser. Persistent cookies remain on your device until you manually delete them or until your browser deletes them based on the duration specified within the cookie file. Functionality cookies allow the Website to remember choices you make such as your user name, language or the region you are in and provide more personal features.

C. Third-Party Cookies

We also use third-party cookies from other service providers on our Website. These cookies enable certain features or functionalities, and track usage and performance of our Website and services, and allow us to offer targeted advertising.

D. Pixel Tags, Web Beacons, and Transparent GIFs

Pixel tags and web beacons are tiny graphic images placed on our Website or in our emails that allow us to determine whether you have performed a specific action. When you access our Website or open or click an email, the pixel tags and web beacons generate a notice of that action. These tools allow us to measure response to our communications and improve our Website.

E. Your Cookie Preferences

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. However, please note that removing or rejecting cookies could affect the availability and functionality of our Website.

IX. PERSONS UNDER AGE 21

Our Website is intended for use by persons 21 or older. If you are under 21, do not access or attempt to access any areas or participate in any activities. We do not knowingly collect Personal Information from persons under 21. If you are the parent or guardian of a person under 21 and believe that the person has provided us with Personal Information, you may contact us at: tcome of your request. Please send your appeals directly to [email protected]. If we learn that we have unknowingly collected or received Personal Information from a child under the age of 21, we will make reasonable efforts to delete such information from our records.

X. INTERNATIONAL TRANSFERS. VISITORS OUTSIDE OF THE UNITED STATES

Our Website is maintained on servers located in the United States, and Personal Information and Non-Personal Information are stored on computers and servers located in the United States. The United States may not offer a level of privacy protection for Personal Information as great as that offered in other jurisdictions. Therefore, the disclosure of Personal Information pursuant to this Policy is at your own risk. We make no representation that the practices described in this Policy are compliant with laws outside of the United States that apply to the collection, security, use and disclosure of Personal Information.

Since our partners and providers operate globally, it may be necessary to transfer your Personal Information to other companies within the group to which Empire City belongs, located in countries outside the United States. The data protection and other laws of these countries may not be as comprehensive as those in the United States - in these instances we will take all reasonable steps to ensure that a similar level of protection is given to your Personal Information.

XI. CHANGES TO THIS POLICY

We may update this Policy from time to time as we reserve the right to amend or modify this Privacy Policy at any time and in response to changes in applicable data protection and privacy legislation. If we make any material changes to this Policy, we will notify you by posting a notice on our Website. Your continued use of the Website and/or Services after any changes to this Policy constitutes your acceptance of such changes.

XII. CONTACT US

You may forward any question or concern regarding this Privacy Policy or the use and disclosure of Personal Information to the Company’s Privacy Officer either by mail, or E-mail as follows:

E-mail Address: [email protected]