U.S. State-Specific Privacy Laws

Published Date: April 19, 2022
Effective Date: April 19, 2022

INTRODUCTION

  1. This U.S. State-Specific Privacy Laws is provided in connection with the Unity by Hard Rock™ loyalty program, which is also known as Unity™ or as Unity by Seminole Gaming™ (collectively, the “Program”).
  2. This U.S. State-Specific Privacy Laws applies to residents of:
    • California;
    • Nevada; and
    • Virginia.
  3. This U.S. State-Specific Privacy Laws forms part of the Unity by Hard Rock Privacy Policy located at unitybyhardrock.com/privacy-policy (the “Privacy Policy”), and must be read in conjunction with all of the Sections of the Privacy Policy. Unless the context otherwise requires, words or terms used in this U.S. State-Specific Privacy Laws, shall have the same meaning as defined in the Privacy Policy.
  4. If you reside in California, Nevada or Virginia, then, in addition to the rights you have under the Privacy Policy, you are entitled to the additional disclosures and rights set out in the respective Sections below.

    5. NOTICE FOR CALIFORNIA RESIDENTS.

  5. In addition to the rights described in the Privacy Policy, in accordance with the California Consumer Privacy Act effective as of January 1, 2020 (“CCPA”), California residents are entitled to exercise the following rights:
    1. The right to request disclosure.  You may request us to disclose: (i) the categories of Personal Information we have collected about you; (ii) what specific Personal Information we have collected about you; (iii) the categories of sources from which such Personal Information is collected; (iv) the purpose for which we collect or sell such Personal Information; (v) the categories of third parties with whom we share such Personal Information; (vi) the categories of Personal Information that we sell or disclose to third parties; and (vii) whether such Personal Information has been sold or disclosed to third parties in the twelve (12) preceding months;
    2. The right to request the deletion of your Personal Information collected by us;
    3. The right to opt-out of the sale and/or sharing of your Personal Information to third parties; and
    4. The right to non-discrimination for exercising any of the privacy rights under the CCPA as mentioned in this Section.  Members who exercise their rights provided under the CCPA (e.g., the right to request disclosure, to request deletion, and to opt-out of the sale and/or sharing of Personal Information) may do so without any effect on their Membership status or eligibility to receive Program Benefits, and Members who exercise their privacy rights under the CCPA are eligible to receive the same benefits as Members who do not.
  6. You may also designate an authorized agent to make a request on your behalf.  Such authorized agent must be registered with the California Secretary of State.  Please be aware that we may deny a request from an agent who does not submit valid proof of authorization to act on your behalf.
  7. In compliance with the CCPA requirements, we acknowledge that, as of the effective date of this U.S. State-Specific Privacy Laws, the following:
    1. we have not collected your Personal Information under the Program in the preceding twelve (12) months, except as described in the Privacy Policy, or as described in this U.S. State-Specific Privacy Laws, or as disclosed to you at the time of collection;
    2. we have not sold your Personal Information to third parties under the Program in the preceding twelve (12) months; however, we might sell your Personal Information in the future under the Program; and
    3. we have not shared your Personal Information with third parties for business purposes during the preceding twelve (12) months, except as described in the Privacy Policy, this U.S. State-Specific Privacy Laws, or as disclosed to you at the time of collection.
  8. We collect and share the following categories of Personal Information: (a) Identifiers, such as your name, address, email, phone number, account number or other similar identifiers; (b) Personal information categories listed in the California Customer Records Statute (Cal. Civ. Code § 1798.80(e)); (c) Protected classification characteristics under California or federal law, such as age, gender, religion, and disability information; (d) commercial information, such as your use of our products or services; (e) Biometric information, such as finger prints; (f) Internet or other similar network activity, such as your IP address or browser or device information; (g) Geolocation data, such as information about your physical location collected from geolocation features on your device, including your IP address; (h) Audio, electronic, visual, thermal, olfactory, or similar information, such as pictures or video of you; (i) Professional or employment-related information, such as your employer, job title, function and nature of your job, duties, and responsibilities; and (j) Inferences drawn from other Personal Information to create  profiles. The types of Personal Information we collect and share falling within the above categories is set out in Section 40 of the Privacy Policy.
  9. You have the right to opt-out of the sale and/or sharing your Personal Information for business purposes (the “right to opt-out”).  You may exercise your right to opt-out by using one of the contact methods described in Section 26 below.
  10. A “sale” of Personal Information is defined under CCPA as “selling, renting, releasing disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s Personal Information by the business to another business or a third party for monetary or other valuable consideration”.  
  11. If you exercise your opt-out right, you may opt back into the sale or sharing of your Personal Information for business purposes at any time by using one of the contact methods described in Section 26 below.  Upon any exercise of your opt-out right, we will wait at least twelve (12) months before asking you to opt back in to reauthorize the sale or sharing of your Personal Information for business purposes.   
  12. If you are sixteen (16) years of age or older, you have the right to opt-out at any time (the “right to opt-out”).  We do not sell the Personal Information of consumers we actually know are less than sixteen (16) years of age, unless we receive affirmative authorization (the “right to opt-in”) from either:  (a) the consumer who is at least thirteen (13) years of age but not yet sixteen (16) years of age; or (b) the parent or guardian of a consumer less than thirteen (13) years of age.  Consumers who opt‑in to the sale and/or sharing of Personal Information for business purposes, may opt-out of a future sale and/or sharing of Personal Information for business purposes at any time. You may opt-out or opt-in by using one of the contact methods described in Section 26 below.

    13. NOTICE FOR NEVADA RESIDENTS.

  13. In addition to the rights described in the Privacy Policy, Nevada residents are entitled to exercise their rights to review and request changes to their Personal Information collected by us under the Nevada Revised Statutes Ch.603A (the “Nevada Privacy Law”). You may exercise your rights by using one of the contact methods described in Section 26 below.  
  14. The categories of your Personal Information processed by us are set out in Section 8 of this U.S. State-Specific Privacy Laws.
  15. The categories of third parties we share Personal Information with is set out in Sections 50 through 53 of the Privacy Policy.
  16. In the course of business, we might sell your Personal Information during the term of the Program.  If you wish to opt-out of sales of your Personal Information, you can do so at any time by using one of the contact methods described in Section 26 below.
  17. A “sale” of Personal Information is defined by the Nevada Privacy Law, as amended by SB 260, as the “exchange of covered information for monetary consideration by an operator or data broker to another person”.

    18. NOTICE FOR VIRGINIA RESIDENTS.

  18. In addition to the rights described in the Privacy Policy, if you are a Virginia resident you shall have those additional rights conferred by the Virginia Consumer Data Protection Act (the “Virginia Privacy Law”), which becomes effective on January 1, 2023.
  19. The categories of your Personal Information processed by us are set out in Section 8 of this U.S. State-Specific Privacy Laws.
  20. The purpose for processing your Personal Information is set out in Section 40 of the Privacy Policy.
  21. The categories of your Personal Information we share with third parties is set out in Section 8 of this U.S. State-Specific Privacy Laws.
  22. The categories of third parties, with whom we share your Personal Information are set out in Sections 50 through 53 of the Privacy Policy.
  23. We process your Personal Information for targeted advertising as set out in Sections 42 through 46 of the Privacy Policy.
  24. Under Virginia Privacy Law we are required to comply with an authenticated request from you (as a Virginia resident) to exercise the right:
    1. to confirm whether or not we are processing your Personal Information and to access such Personal Information;
    2. to correct inaccuracies in your Personal Information, taking into account the nature of the Personal Information and the purposes of the processing of your Personal Information;
    3. to delete Personal Information provided by or obtained about you;
    4. to obtain a copy of your Personal Information that you previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another controller without hindrance, where the processing is carried out by automated means; and
    5. to opt-out of the processing of Personal Information for purposes of (i) targeted advertising, (ii) the sale of Personal Information, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.
  25. You may exercise your rights by using one of the contact methods described in Section 26 below.  

    26. OUR CONTACT DETAILS.

  26. Global Data Protection & Risk Office.If you have any questions about this U.S. State-Specific Privacy Laws, or you wish to exercise any of your rights set out above please:
    (1) contact our Global Data Protection & Risk Office by using the contact details below, or
    (2) complete and submit the relevant online form which can be accessed at the link below.

    27. To: Global Data Protection & Risk Office
    Seminole Hard Rock Support Services, LLC d/b/a Unity Global Services
    Postal address: 5701 Stirling Road,
    Davie, Florida 33314
    United States of America
    Email address: [email protected]
    Telephone number: +1-833-970-1536 (U.S. toll-free); or
    +1-954-498-9834
    Website: unitybyhardrock.com

    ONLINE FORM LINK:

    TO EXERCISE YOUR RIGHT TO OPT-OUT OR OPT-IN: To exercise your right to opt-out or opt-in to the sale/sharing of your Personal Information please complete and submit the online form Do Not Sell My Personal Information.
    TO EXERCISE ANY OF YOUR OTHER RIGHTS: To exercise any of your other rights (other than your right to opt-out or opt-in to the sale/sharing of your Personal Information) please complete and submit the online form Exercising My Other Rights.

  27. Please include your first name, last name, address, phone number, email address, and any relevant account or reference number in all communications and state clearly the nature of your request or concern.  If you wish to exercise your privacy rights mentioned in this U.S. State-Specific Privacy Laws, please mention the name of the right you would like to exercise in the subject of your request. 
  28. As a security measure, we may need to verify your identity when we receive your request, and we may need you to provide valid proof of identification. If we decline to take action regarding your request, we shall inform you of the justification for declining to take action and shall provide you with instructions on how to appeal our decision (you can appeal our decision by following those instructions).