Collection of Your Personal Information
“Personal Information” refers to information that relates to an identified, or identifiable, person. This includes, for example, your first and last name, home address, phone number, email address, profile picture, social security number, and driver’s license information, and in certain limited cases, your credit card information. In addition to Personal Information, we also collect information that does not identify you, including age range and gender, or de-identified or aggregated information. The Personal Information that we collect depends on what services you use or information that you request. Our collection and processing of your information is based on different contexts: our performance of a contract, our obligations under law, our legitimate interest in conducting our business, protection of a natural person’s vital interests and/or upon your consent. The following are examples of some Personal Information that we may collect as well as when and how we collect it.
Other Registration and Transactional Data
We may also collect Personal Information from you when you visit our gaming properties and interact with our customer service representatives and other employees, for example, by responding to surveys and providing customer feedback, checking into our hotels or using our dining, retail or other amenities.
When you register on or use our Website, we may collect various kinds of Personal Information, including your first and last name, email address, home address, home phone number, personal interests, information associated with your Internet Protocol address and preferred vacation/leisure destinations. This information is used to process your requests or to send you information about the Company, our products, services or offerings. This information may also be used to create a convenient and easy-to-use online reservation service or shopping process that includes an online “shopping cart” that allows you to track selected products and proceed through purchase. We also collect and store access information related to your account, including your Lucky North Club account, if applicable, including user name and user password. When you make purchases from our Website, we may collect information such as product orders, shipping address(es), and credit card information in order to process your purchase.
Use of Applications
We may also collect Personal Information through your use of our or our service provider applications. When you download and use the applications, we and our service providers may track and collect usage data, such as the date and time the application on your device accesses our servers, purchases and reservations made on the applications and what information and files have been downloaded to the applications based on your device number.
We may collect the physical location of your device by, for example, using satellite, cell phone tower or WiFi signals. We may use your device’s physical location to provide you with personalized location-based services and content, including specific information about our products and services if you are in physical proximity to one of our properties and have opted into receiving text messages from us. We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns. In some instances, you may be permitted to allow or deny such uses and/or sharing of your device’s location, but if you choose to deny such uses and/or sharing, we and/or our marketing partners may not be able to provide you with the applicable personalized services and content.
From time to time we may post surveys on our Website or otherwise send you surveys. The surveys may request demographic information (such as age range, gender, areas of interest and familiarity with Company or our products and services) and customer feedback. Participation in these requests is completely voluntary. With each request, you will have the choice of whether or not to disclose information. Such survey information will be used to improve our products and services and the overall experience on our Website.
Customer Service Correspondence
We may collect information that identifies you individually, such as your first and last name, home address, email address, phone number, Internet Protocol address, and fax number when you submit comments, questions or suggestions to our customer service department. We use that information to verify your identity and to respond to your correspondence.
First and Third-Party Cookies, Pixels and Related Data
Pixel tags (also known as web beacons) and other similar technologies may be used in connection with some services to, among other things, track the actions of users of the services (including email recipients), measure the success of our marketing campaigns and compile statistics about usage of the services and response rates.
In addition, we participate in behavior-based advertising. This means that a third party uses technology (e.g., a Cookie) to collect information about your use of our Website so that they can provide advertising about products and services tailored to your interests on our Website, or on other websites. We use this information to capture website analytics and engage in behavior-based advertising.
Sweepstakes and Contests
We may use information about you to advise you of sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your personal information, so we suggest that you read these rules carefully.
Use Of Your Personal Information
Sharing Your Personal Information
Vendors and Providers of Services
We may share your information with vendors and others who help us operate our business or provide services on our behalf, including the production or transmission of marketing materials. Among other things, service providers may help us to administer our website, conduct surveys, provide technical support, process payments, and assist in the fulfillment of orders. We may also transmit information about you to vendors to better understand the people that have an interest in our products and services so that we can identify others that might have similar interests.
We may share your information with companies that are under common ownership or control with Company, our subsidiaries and/or affiliated companies.
We may share or sell your information as an asset of Company in conjunction with the sale to a third party of our Company, our subsidiaries and/or affiliated companies, or a portion of our or their business or assets.
We may share your information:
(a) to conform with the law, research and fulfill our regulatory obligations, respond to regulatory inquiry, respond to claims, or comply with legal process served on Company (e.g., a lawful subpoena, warrant or court order, or discovery request).
(b) to enforce or apply our policies or agreements (including to bill and collect for amounts owed to us).
(c) to protect and defend our operations and ours and our employees’, patrons’, users’, or the publics’ rights, privacy, safety or property (including through surveillance).
(d) to protect our Websites, including fraudulent, abusive or unlawful use of our Websites.
(e) if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.
(f) to governmental authorities, in our sole discretion, in exceptional circumstances, such as a national emergency, security matter, or other situations in which we deem such disclosure prudent.
You can make the following choices regarding your Personal Information:
Protecting Your Information
To help maintain data accuracy, prevent unauthorized access to or disclosure of, and ensure the appropriate use of your Personal Information, we have put in place physical, electronic and managerial procedures. In the event that we are required by law to inform you of any unauthorized access to your Personal Information, we may notify you electronically, in writing, or by telephone, if permitted to do so by law.
Despite our security efforts, please understand that no system is perfect or can guarantee that unauthorized access or theft of data might not occur. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us by contacting us pursuant to the “How to Contact Us” section below, and indicating that you believe there is a security issue or that your information has been compromised.
Retention of Information
We retain Personal Information for the period necessary to fulfill the purposes outlined in this policy, or until an individual requests that we delete information about them, unless a longer retention period is required or is permitted by law. If you would like additional information concerning how long we keep a specific type of information, you can contact us pursuant to the “How to Contact Us” section below.
California Resident Privacy Rights
We collect aggregate information about you and your use of our Website whenever you visit us online. For instance, we may collect various forms of “click stream” information such as entry and exit points for our Website (i.e., referring URLs or domains), site traffic statistics, page views, impressions, and operating system and browser type. In addition, when you request pages on our Website, our servers automatically log your IP addresses. Your “IP Address” is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP Address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice and is done automatically by many websites, applications and other services. We use IP Addresses for purposes such as calculating usage levels of services, helping diagnose server problems, and administering our services.
We also use third-party software that tracks traffic directed to the Website from affiliate websites and the purchases that result from this traffic. This information is aggregated and is not tied to an individual purchase.
Links to Other Sites
Third-Party Data Collection and Use of End-User Information
When you use or connect to our Website or download one of our Apps by or through a third-party platform—including Facebook—you allow us to access and/or collect certain information from your third-party platform profile/account. You additionally allow us to access information contained in cookies placed on your device by the third-party platform as permitted by the terms of your agreement and privacy settings with the third-party platform. We may share this information with the third-party platform for their use as permitted by the terms of your agreement and privacy settings with the third-party platform. We will share some of the information we collect from you with vendors and other service providers who work with us to support the internal operations of our Website and/or mobile application. For example, we use a third-party service for ad tracking and to help us prepare Website and mobile application analytics. Our third-party ad tracking and analytics company never sends emails, notifications, or other communications to our end users. We may license technology to serve advertisements on our Online Services, and within their content as that content is served across the Internet. In addition, we may use third party network advertisers to serve advertisements and third-party analytics vendors to evaluate and provide us with information about the use of our Online Services and viewing of our content. We do not share personal information with these third parties, but ad network providers, the advertisers, the sponsors, and/or analytics service providers may set and access their own cookies, pixel tags and similar technologies on your device and they may otherwise collect or have access to information about you, including usage information. We and our network advertisers may target advertisements for products and services in which you might be interested based on your visits to our Online Services and other digital content.
Transmission of Information to Other Countries.
As a multi-national company, we transmit information between and among our subsidiaries and/or our affiliate companies. As a result, your information may be processed in a foreign country where privacy laws may be less stringent than the laws in your country. Nonetheless, where possible we take steps to treat Personal Information using the same privacy principles that apply pursuant to the law of the country in which we first received your information. By submitting your Personal Information to us, you agree to the transfer, storage and processing of your information in a country other than your country of residence including, but not necessarily limited to, the United States of America. If you would like more information concerning our attempts to apply the privacy principles applicable in one jurisdiction to data when it goes to another jurisdiction you can contact us pursuant to the “How to Contact Us” section below.
Third Party Tracking
You can opt-out of receiving advertising based on your browsing behavior from some network advertising companies by going to the Network Advertising Initiative and the Digital Advertising Alliance websites, although to completely prevent advertising based upon your browsing behavior you should also disable the cookies on your browser.
How to Contact Us
Email us at: email@example.com
Or send a letter to:
American Park 'n Swap
250 Delaware Avenue
Buffalo, NY 14202
Attention: Data Privacy
If you are a person in the European Union, you may also send a letter to:
Delaware North Companies (UK) Limited
11th Floor, York House Empire Way
Wembley HA9 0PA United Kingdom
Attention: Paul Galvin
If you are not satisfied with our response, and you are in the European Union, you may have a right to lodge a complaint with your local supervisory authority.
Effective Date: December 19, 2019