GENERAL TERMS AND CONDITIONS OF USE AND SALE
LADY LUCK INTERACTIVE, LLC ONLINE STORE
WARRANTY. LLI and Seller warrant that at the time of a sale to Buyer the good(s) sold hereunder will conform to any specifications expressly set forth on the Site. NEITHER LLI NOR SELLER MAKES ANY OTHER WARRANTY OF ANY KIND WITH RESPECT TO THE GOODS OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS SECTION. THE WARRANTIES STATED IN THIS SECTION ARE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Buyer’s sole and exclusive remedy for any breach of LLI or Seller’s warranty shall be the repair or replacement of nonconforming goods, or, at LLI or Seller’s option, the refund of the purchase price. This warranty is conditioned upon and subject to Buyer using goods in accordance with all applicable instructions and recommendations, and shall not be applicable to any goods that have been damaged, misused, abused, altered, improperly installed or used in a manner contrary to LLI or Seller’s instructions or recommendations.
Buyer will inspect the goods immediately upon receipt thereof by Buyer. Buyer must notify Seller within five (5) business days from receipt of any defect or claimed non-conformity. If Buyer does not provide notice of non-conformity within such time period, the goods will be deemed to be in conformance with this Agreement and Buyer will be deemed to have accepted the goods accordingly. Upon Seller’s receipt of timely notice of non-conformity, Seller will investigate the alleged non-conformity and if Seller agrees that the good(s) supplied fails to conform to the terms of this agreement, Seller shall replace the non-conforming Product(s), at its sole cost and expense CIP Buyer’s address (Incoterms 2010), within a reasonable time after its receipt of Buyer’s notice.
RETURNS . No goods may be returned for any reason without Seller’s prior consent (warranty claims shall be handled per the Warranty section hereof), but if such unauthorized return shipments are made to Seller, Seller reserves the right to refuse the shipment or to accept it, and in the latter case, the shipment will be held as Buyer’s property and without responsibility to Seller. Seller may decline to allow any claim/credit for goods returned without consent. Transportation charges for returned goods shall be paid by Buyer, unless expressly agreed by Seller.
LIMITATION OF LIABILITY . Neither LLI nor Seller shall not be liable for, and Buyer assumes, all personal injury and property damage resulting from, the handling, possession, processing or use of goods. IN NO EVENT SHALL LLI OR SELLER OR ANY PARENT, SUBSIDIARIES, AFFILIATES, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, SUBCONTRACTORS, DISTRIBUTORS, VENDORS, SUPPLIERS OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BUYER’S CLAIM BE IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. LLI’S OR SELLER’S LIABILITY FOR ANY AND ALL LOSS OR DAMAGE FROM ANY CAUSE WHATSOEVER SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE GOOD(S) IN RESPECT OF WHICH THE CLAIM IS MADE. THE REMEDIES, AND LIMITATIONS CONTAINED IN THIS AGREEMENT WILL BE THE SOLE AND EXCLUSIVE REMEDIES OF BUYER.
ORDERS. After placing an order, you will receive an email from Seller acknowledging that it has received your order (“Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to Seller to buy a product. All orders are subject to acceptance by Seller, and it will confirm such acceptance to you by sending you an email confirming the shipment of your order (the “Shipping Confirmation”). A contract with Seller will only be formed when it sends you the Shipping Confirmation. The contract will relate only to those products whose shipment it has confirmed in the Shipping Confirmation. Seller will not be obliged to supply any other products which may have been part of your order in a separate Order Confirmation. It reserves the right to refuse service to anyone at any time or to cancel your order at any time before it has accepted it and it may rescind its acceptance and cancel your order where there has been an obvious error in price or where the product is no longer in inventory. Seller reserves the right to add and/or remove items on the Site or to limit quantities of items sold for any reason, at any time.
PRICING . Pricing is subject to change without notice. Order Confirmations in no way represent a fixed priced arrangement. All purchases are expressly conditional on acceptance of this Agreement -- all other terms and conditions are expressly rejected. Buyer must notify Seller prior to order fulfillment if this condition is not acceptable.
ERRORS . Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. In the event of such errors, Seller shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Seller shall issue a credit to your credit card account in the amount of the incorrect price. Seller reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). LLI or Seller is under no obligation to update, amend or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date on the Site or on any related website, should be taken to indicate that all information on the Site or on any related website has been modified or updated.
MODIFICATIONS . The provisions of any order may only be waived, varied, modified, or amended by written instrument executed by or on behalf of Seller.
SHIPMENTS . Goods produced hereunder shall be shipped EXW Seller’s address and no allowance will be made by Seller for loss or damage to the goods after delivery to the carrier. This means that the risk of loss and title for such items pass to you upon our delivery of the items to the carrier. Seller may determine the carrier and routing of all shipments. Any specified shipping dates are estimates and not guarantees.
TAXES AND FREIGHT . Taxes or other governmental charges imposed with respect to manufacture, sale, delivery or use of goods shall be added as required by the laws in effect at time of delivery. Any increase in the cost to Seller of producing, selling or delivering the goods or of procuring materials used therein resulting from action or regulation by carrier or by any governmental authority, may at Seller’s option be added to the price of the goods, retroactive to the effective date of the increase.
PAYMENT AND CREDIT . Buyer shall be liable to Seller for any and all loss or damage sustained by reason of Buyer’s failure to timely pay or stay within agreed payment terms, including Seller’s reasonable attorneys’ fees incurred in collecting any past-due amounts whether or not suit is instituted. Seller may issue credit to Buyer in lieu of conforming goods in accordance with the Returns section herein.
INTELLECTUAL PROPERTY AND SITE CONTENTS . Unless otherwise noted, the logos, copyrightable expressions, depictions, trademarks and trade names on the Site, and any and all materials related thereto (collectively “Intellectual Property”) is proprietary and the sole and exclusive property of Isle of Capri Casinos, Inc., including its subsidiaries, affiliates, licensees and licensors. Any use of such Intellectual Property without the express written consent of LLI is strictly prohibited. Further, any recommendations of LLI or Seller on the Site are not intended to suggest uses or operations which would infringe on any patents, trademarks, copyrights or other intellectual property rights and neither LLI nor Seller assumes any responsibility or liability for any such infringement. Either LLI or Seller may - without liability to Buyer - cancel deliveries of any goods the manufacture, sale or use of which may, in LLI or Seller’s judgment, infringe on any third party intellectual property rights. Buyer shall hold LLI and Seller and their parents, subsidiaries, affiliates, agents, and representatives harmless from and indemnify them against any judgment, loss or expense, including reasonable attorneys’ fees, incurred by them as a result of any claim of infringement of intellectual property rights resulting from their compliance with any designs, specifications or instructions of Buyer or from Buyer’s use of the goods.
If you believe that your intellectual property rights have been infringed by someone else by way of the Site, you may contact us by emailing the following information to dedicated email address Info@ladyluck.com:
- a description of the intellectual property rights and an explanation as to how they have been infringed;
- a description of where the infringing material is located;
- your address, phone number and email address;
- a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorized, and (ii) the information that you are providing is accurate, correct, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- a physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS. You shall not upload, post, email, transmit, or otherwise make available through the Site, any material or information that
1. infringes any copyright, trademark, trade secret, patent, right of privacy, right of publicity, or other right of any person or entity, or which you otherwise do not have a right to make available.
2. is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable;
3. is or could reasonably be viewed as invasive of another’s privacy; or
4. which contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Site, or any computer software or hardware or telecommunications equipment associated with the Site.
You agree that any information, feedback, questions, comments and/or submissions that you provide to LII or Seller in connection with this Site (“Submissions”) will be deemed to be provided to us on a non-confidential and non-proprietary basis and will become and remain our property. We shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation, without any compensation to you. You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques.
We may, but are under no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that any comments you post on the Site will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PROHIBITED ACTS . In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site, the products available thereon, or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site. We reserve the right to terminate your account and your use of the Site or any related website for violating any of the prohibited uses.
NO LICENSE . Use of the Site does not transfer or in any way confer a right or license in the Intellectual Property. The Site may display content that is not the property of LLI or Isle of Capri Casinos, Inc. No right or transfer to any other party’s intellectual property is granted herein.
COMPLIANCE WITH LAWS . Seller represents that in producing the goods sold hereunder, it will comply with the Fair Labor Standards Act, as amended, and the regulations and orders of the U.S. Department of Labor thereunder, and all other applicable laws and regulations.
U.S. SITE. The Site is controlled and operated from within the United States of America, and are intended for use only by residents of the United States. LLI makes no representations or warranties that the content or materials of the Site are appropriate or lawful in any foreign countries, or that any items or applications offered for sale or download through links on the Site will be available outside the United States. Those who choose to access the Site 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 any content downloaded or otherwise removed from the Site, or any copy or adaptation of such content, in violation of any applicable laws or regulations.
GOVERNING LAW. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of Missouri, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles.
INITIAL DISPUTE RESOLUTION. Seller is available by email at Info@ladyluck.com) to discuss any concerns you may have regarding your use of the Site. 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 which shall be a precondition to either party initiating a lawsuit or arbitration.
BINDING ARBITRATION AGREEMENT. IF THE PARTIES DO NOT REACH AN AGREED UPON SOLUTION WITHIN A PERIOD OF THIRTY (30) DAYS FROM THE TIME INFORMAL DISPUTE RESOLUTION IS PURSUED PURSUANT TO THE PARAGRAPH ABOVE, THEN EITHER PARTY MAY INITIATE BINDING ARBITRATION. ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ITS FORMATION, PERFORMANCE AND BREACH), THE PARTIES’ RELATIONSHIP WITH EACH OTHER AND/OR YOUR USE OF THE SITE, SHALL BE FINALLY SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”) IN ACCORDANCE WITH THE PROVISIONS OF ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AAA, EXCLUDING ANY RULES OR PROCEDURES GOVERNING OR PERMITTING CLASS ACTIONS. THE ARBITRATOR, AND NOT ANY FEDERAL, STATE OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ALL DISPUTES ARISING OUT OF OR RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THESE TERMS, INCLUDING, BUT NOT LIMITED TO ANY CLAIM THAT ALL OR ANY PART OF THESE TERMS IS VOID OR VOIDABLE. THE ARBITRATOR SHALL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN A COURT UNDER LAW OR IN EQUITY. THE ARBITRATOR’S AWARD SHALL BE BINDING ON THE PARTIES AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THE PROCEDURES AND RULES OF THE FEDERAL ARBITRATION ACT SHALL EXCLUSIVELY GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION.
THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, LLI WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FILING FEES SHOULD BE SUBMITTED TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND LLI WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FILING FEES DIRECTLY TO AAA.
THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
CLASS ACTION WAIVER. THE PARTIES FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THIS PARAGRAPH IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ENTIRE ARBITRATION PROVISION SET FORTH ABOVE SHALL BE DEEMED NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES.
ARBITRATION/CLASS ACTION WAIVER OPT-OUT.
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth in the preceding paragraphs by sending
written notice of your decision to opt out to the following address: 600 Emerson Road, Suite 300 Saint Louis, Missouri 63141. The notice must be sent
within thirty (30) days of creation of an account via the Site, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those
paragraphs. In the event that you opt out of these provisions, you knowingly waive the right to bind LLI by them.
EXCLUSIVE VENUE FOR LITIGATION. Solely to the extent the arbitration provisions set forth above do not apply, or for purposes of any party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in the federal district court for the Eastern District of Missouri, or, if federal subject matter jurisdiction is lacking, then in the state courts located in St. Louis County, Missouri. The parties expressly hereby consent to exclusive jurisdiction in the aforesaid courts for any litigation, hereby also consent to personal jurisdiction in said courts for any litigation and waive, for all purposes, their right to challenge the lack of personal jurisdiction of said courts over any litigation arising in connection with, out of, or as a result of this Agreement, the Site.
ONE YEAR TIME LIMIT. You agree to commence any arbitration proceeding (or litigation, if applicable) with respect to this Agreement within one year after the claim arises. You agree that any proceeding commenced after this date is barred.
EXCUSE OF PERFORMANCE . Neither LLI nor Seller shall be subject to any liability for delay or nonperformance to the extent that such delay or nonperformance results from circumstances beyond the reasonable control of LLI or Seller, including without limitation, fire, flood, earthquake, windstorm or other natural catastrophe or Act of God, explosion, accident, breakdown, labor shortage or labor trouble including strike and lockout, data corruption or data hack, embargo, war, terrorism, riot or criminal activity, action or request of any governmental authority, delay or failure of carriers, contractors or public utilities, inability to obtain necessary raw materials, supplies or energy.
COMMUNICATIONS . In connection with your use of the Site, LLI or Seller may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
LINKS TO OTHER WEBSITES . This Site may include links to other Internet sites maintained by third parties ('Linked Sites'). LLI and Seller provide Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by LLI or Seller of the Linked Sites in any way. You access Linked Sites at your own risk and by accessing them you leave the LLI Site. Linked Sites are not under the control of LLI or Seller and they are not responsible for the contents of any Linked Site.
ADVERTISEMENTS AND COMMERCIAL CONTENT . LLI or Seller may use advertising and other commercial or sponsored content that they believe is valuable to users and advertisers. You give LLI and Seller permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content served or enhanced by them. You understand that they may not always identify paid services and communications as such.
SOFTWARE . If you download or use software from the Site, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from LLI or Seller in order to improve, enhance, and further develop the software. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from LLI or Seller unless they give you written permission.
SEVERABILITY. If any term or provision of this Agreement, or the application thereof to any person, entity or circumstance, shall to any extent, be invalid, illegal or unenforceable, the You agree that provision be stricken in its entirety and the balance of the Agreement shall remain in full force and effect to the fullest extent of the law.
Paragraph Headings. The paragraph headings throughout this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Agreement.
Amendment. The Agreement may not be modified or amended except by writing executed by both parties
We respect your confidentiality and, as a general practice, do not provide information gathered about you to third parties, except as otherwise designated in this policy.
Information We Collect
We may collect and use information we believe is necessary to operate our business and provide you with the products and services you request. We may collect and maintain both Personal and Non-Personal Information needed for these purposes.
“Personal Information” includes any information by which you can be personally identified, such as your first name, last name, address, phone, email address, credit card number, social security number, Fan Club member number, date of birth, purchase information, gaming information and other similar information. You may provide us with Personal Information under a wide range of circumstances, such as when you use your Fan Club card at one of our gaming devices, submit information to us through our websites or mobile applications, sign up for or send us email or text messages, install or use one of our mobile applications, sign up for Fan Club, log in as a Fan Club member, book a reservation, enter an online promotion, sign up or log in to play one of our free social games online, request information, submit an application for employment, apply for credit, or provide feedback in a survey, or interact with us through social media.
“Non-Personal Information” is information about you that does not personally identify you and is most commonly obtained through your use of our websites, mobile applications and visits to our businesses.
How We Use Your Information
We will use the information you provide to us for the specific purposes for which you provided the information, as stated at the time of collection. Additionally, we may use your information for other purposes to operate our business such as:
- to operate our Fan Club program;
- to notify you about promotions and special offers regarding our products and services or those provided by associated third parties;
- to execute, analyze and enhance our marketing communications and strategies;
- to improve the products and services we provide you and develop new products and services;
- to track your use of the gaming devices and other amenities at our properties;
- to track your use of our websites and mobile applications for our internal market research;
- to ask for your participation in our surveys;
- to generate aggregate statistical studies about our customers;
- to contact you in response to your inquiries, comments and suggestions;
- to protect and defend our rights or property or enforce our agreements with you;
- to cash your checks, extend you credit, process credit card and/or other financial transactions;
- to contact you when necessary; and
- otherwise with your consent or as permitted or required by law.
How We Protect Your Personal Information
We use security measures to protect your personal information and to control access to it, including computer safeguards and monitoring, and secured files and buildings to control access. We use secure encryption to protect the transmission of the information you give us. Do not email us sensitive information such as a Social Security or account number. We permit only authorized employees and contractors, including but not limited to consultants, to have access to nonpublic personal information of our customers. Despite these efforts, please understand that no system is perfect or can guarantee that unauthorized access or theft of data might not occur.
Disclosure of Your Information
We will share your Personal and Non-Personal Information with affiliated persons and entities of Isle.
Additionally, we may share your Personal and Non-Personal Information with non-affiliated third parties in the following situations:
- If you enroll in any of our responsible gaming exclusion programs;
- For non-marketing purposes, such as processing and fulfilling reservations or purchases;
- To the extent such disclosure is mandated to comply with a court order or with a subpoena, search warrant or other valid legal process;
- To comply with requests of government or law enforcement entities or legal, regulatory or administrative requirements of other governmental authorities;
- To protect and defend us, or our subsidiaries and affiliates, and all of their or our officers, directors, employees and agents in connection with any legal action, claim or dispute;
- To satisfy any contractual obligation to indemnify our contractors, business partners or alliances, or other third parties in connection with any legal action, claim or dispute;
- To enforce the terms of service or use of any of our websites, applications or services;
- To prevent imminent physical harm or threats to public safety;
- To third-party vendors that 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 unlawfully enter our facilities;
- Otherwise with consent or in our discretion if we believe in good faith that disclosure is necessary or advisable;
- In connection with an acquisition, merger, restructuring, sale, reorganization or other transfer involving any of our properties or all or any portion of our business;
- As permitted by law, we may share the information we collect from and about you with non-affiliated third parties.
We may share certain limited information about you with other companies with whom we have joint marketing agreements or other businesses with whom we have a contractual relationship (“Marketing Partners”), who may contact you as part of a third-party promotional program or loyalty program. We require these providers 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.
We are required to utilize surveillance systems to monitor all gaming areas and sensitive areas of our properties. Additionally, some public non-gaming areas of our casinos are monitored. Video surveillance cameras are required by law and are used for security purposes and to protect us, our customers and employees against potential violations of criminal or civil laws. Surveillance camera output is monitored by our employees and contractors and may be viewed by law enforcement and regulatory authorities.
With the exception of our racing and pari-mutuel operation and cardroom at the Isle Casino Racing Pompano Park where the legal age is 18, as well as mobile applications, persons under the age of 21 are not allowed to gamble at our casinos, accept or redeem offers related to gaming, or participate or win contests unless otherwise noted.
SPECIAL PROVISIONS FOR FINANCIAL SERVICES CUSTOMERS
Information Collected in Connection with Financial Services
If you are a customer who utilizes our credit or cash advance services, we may collect the following additional information from or about you:
- Information we receive about you from others, including credit bureaus, relating to your credit history and financial transactions with others.
- Information about your transactions with us, including your payment history and/or gaming activity with any casinos.
- Other information necessary to effect, administer, or enforce the credit transaction.
If you cash a check with us, we may collect the following additional information from or about you:
- Information we receive about you from others, including check verification services, relating to your financial transactions with others.
- Information about yourself and the check necessary to complete the transaction, such as name, address, telephone number and forms of identity such as a driver’s license.
We limit disclosure of this information to our service providers as necessary to effect, administer, or enforce a transaction you request or authorize, or in connection with maintaining or servicing your account.
In addition to the practices and policies described above, the following apply to our websites (each a “Site”).
Traffic Data, Cookies and Similar Technologies
Non-Personal Information we may automatically track and collect includes but is not limited to the following: (i) Internet Protocol (IP) address, (ii) domain server, (iii) operating system, (iv) date, time and duration of your visit to our websites, (v) geographic location based on IP address and (iv) type of Web browser as well as which web pages you visit on our Site (“Traffic Data”). This information is used to evaluate website use and for other marketing purposes.
We may use information we collect and that you provide to assist us and our Marketing Partners in delivering online advertising that is relevant to your interests. We may work with social media networks and advertising providers to provide you with advertisements that are likely to be of interest to you. To learn more, or to opt-out of receiving online display advertisements tailored to your interests by our third party partners, visit the Network Advertising Initiative at www.networkadvertising.org/choices.
There are “do not track” or similar browser choices available to internet users with respect to online web activity, but given the present lack of consensus of what constitutes an informed election, appropriate trigger or breadth of scope of such choice, our Site will continue to operate as described in this Policy, whether or not a “do not track” signal is received.
We use security safeguards to protect the Personal Information that we collect from unauthorized access. However, due to the design of the Internet, we cannot guarantee that communications between you and our servers will be completely secure or free from unauthorized access by third parties.
If you install or use one our mobile applications, we may collect and use technical data and related information, including but not limited to technical information about your mobile device, system and application software, and peripherals, that is gathered periodically to facilitate any upgrades, product support and other services to you (if any) related to the application, and to provide services or technologies to you.
OPTING OUT OF COMMUNICATIONS, DIRECT MAIL AND THIRD-PARTY MARKETING
Unsubscribing From Email, Text Messaging, Phone Calls
If you are a Fan Club member and would prefer not to receive further emails, text messages or phone calls from us, you may click on the “unsubscribe” link found on the bottom of all our email communications. You can also unsubscribe from emails, text messages and phone calls (i) by visiting a Fan Club located at any of our casinos (ii) completing a contact us form online (iii) by calling your local Isle or Lady Luck property or (iv) by sending us a request in writing.
Opting Out of Direct Mail from Us
We may from time to time send promotional materials to you by direct mail. If you do not want to receive promotional materials by direct mail from us, you may opt out by (i) visiting a Fan Club at any one of our Casinos (ii) complete an online request form under the contact us section of the website (iii) by phone or (iv) by sending a request in writing. You can also log into your Fan Club Membership and update your preferences at www.myfanclubrewards.com.
Your California Privacy Rights
If you are a California resident, you may ask us to refrain from sharing your personal information with third parties for their marketing purposes. Please tell us your preference by contacting us at email@example.com or the following address:
Isle of Capri Casinos, Inc.
600 Emerson Road, Suite 300
St. Louis, MO 63141
Attn: Chief Compliance Officer
How to Access, Update and Correct Personal Information
In order to ensure that all of your Personal Information is correct and up to date, visit your nearest Fan Club and speak to a customer service representative who can assist you.
Email: Send an email to firstname.lastname@example.org
Isle of Capri Casinos, Inc.
600 Emerson Road, Suite 300
St. Louis, MO 63141
Attn: Chief Compliance Officer