(Revised June 1, 2020)
1. DEFINED TERMS
(a) “ONE Property(ies)” refers to (i) the casinos, resorts, hotel and entertainment facilities, (ii) convenience stores, (iii) slot parlors, (iv) marinas, (v) recreational facilities, (vi) golf courses, and (vii) RV parks and camp grounds that are owned or operated by the Oneida Indian Nation and ONE.
(d) “Personal information” refers to any information by which you can be personally identified, such as your first name, last name, address, phone number, email address, credit card number, social security number, driver license number, passport number, license plate number, geolocation information, TS Rewards number, date of birth, purchase information, gaming activity information, biometric information and other similar information.
(e) “Non-personal information” refers to information by which you cannot be personally identified.
2. INFORMATION WE MAY COLLECT.
As part of our efforts to keep our employees and customers safe during the COVID-19 pandemic, we may also collect certain Personal information and medical information from our customers, including some or all of the following: first name, last name, address, driver license number, passport number, and biometric information, experiences with symptoms consistent with COVID-19 and bodily temperature readings and/or thermal scans. Any medical information collected (e.g., experiences with symptoms consistent with COVID-19 and bodily temperature readings and/or thermal scans) will be collected by ONE employees, will be kept confidential and will not be disclosed in any way that identifies you unless we are otherwise required to disclose the medical information based upon applicable law. While we understand the sensitive nature of this Personal information and medical information, refusal to provide such information may result in our denial of services to you and/or other restrictions being placed upon you at ONE Properties. We appreciate your understanding.
3. HOW WE COLLECT YOUR INFORMATION.
(a) Information You Directly Provide to Us. You may provide information directly to us under a wide range of circumstances, such as when you submit information to us through ONE Websites or ONE Mobile Apps, use any gaming or non-gaming services at an ONE Property, are videotaped or photographed in connection with a security incident or for other surveillance purposes, sign up to receive email or text messages from us, sign up to access Wi-Fi at an ONE Property, park at a ONE Property, install or use one of the ONE Mobile Apps, sign up for TS Rewards, log in as a TS Rewards member, book a reservation for an ONE Property, enter an online promotion, request information from us, scan your ID at check-in kiosk, apply for casino credit or provide feedback in a survey.
(b) Information Automatically Collected Through the ONE Websites.
(i) Traffic Data. We automatically track and collect general log information when you visit the ONE Websites, including your: (A) Internet Protocol (IP) address, (B) domain server, (C) operating system, and (D) type of Web browser as well as the pages you visit on the ONE Websites (collectively “Traffic Data“). Traffic Data does not personally identify you, however, if you choose to provide us with personal information, we may store some items of your personal information and use it with the Traffic Data to better personalize your experience on the ONE Websites. We use the Traffic Data to report aggregated website activity and to better understand the needs of our users so we can make informed decisions regarding the content and design of the ONE Websites. It enables us:
- to estimate our audience size and usage pattern;
- to learn what information is of most and least interest;
- to speed up your searches; and
- to learn of any possible ONE Website performance problems.
We, or our service providers, may also use Traffic Data to identify your physical location to confirm that you are in a jurisdiction where you can use our online gaming services. We may collect Traffic Data through various technologies including, but not limited to, cookies, IP addresses, and transparent GIFs.
(v) Information You Share on Third Party Websites or through Social Media Services. The ONE Websites may include links to third party websites and social media services where you will be able to post comments, stories, reviews or other information. Your use of these third party websites and social media services may result in the collection or sharing of information about you by these third party websites and social media services. We encourage you to review the privacy policies and settings on the third party websites and social media services with which you interact to make sure you understand the information that may be collected, used, and shared by those third party websites and social media services. We may also monitor sentiments regarding ONE that you publicly post on social media services or customer review sites. We may reach out to you regarding these postings to address customer service issues and to otherwise help ensure that you have a positive customer experience.
(vi) Information You Post on the ONE Websites. If you post information on any public areas of the ONE Websites, that information may be collected and used by ONE, other users of the ONE Websites, and the public generally.
(e) Information We Automatically Collect When You Use Our Wi-Fi Services. If you use Wi-Fi services that we make available at an ONE Property, we might collect information about your use of our Wi-Fi services, including your IP address, Wi-Fi information (such as SSID), mobile carrier, the websites you visit, the type of device and browser you are using, your device identification number, bandwidth used and session time.
(f) Information We Automatically Collect from Mobile Devices on ONE Properties. If you have a mobile device, are located on an ONE Property and have your Wi-Fi or Bluetooth functionality enabled, we may collect information concerning your mobile device, including the type of device, device ID, and the precise physical location of your device within and around the ONE Properties (including geolocation and beacon-based location), for analytics and non-marketing related purposes, such as enabling us to understand our customers’ preferences and use of our properties, including general traffic patterns. We might also use your location information for marketing purposes, such as to provide you with real-time offers and personalized promotions. If you do not want information concerning your precise location to be collected on ONE Properties, you may adjust your mobile device location sharing settings and disable the Wi-Fi and Bluetooth functionality in your mobile device settings.
(g) Other Information We Collect Relating to Your Gaming and Purchase History and Other Interactions with Us. When you use any of our gaming services or make a purchase at any of the ONE Properties, we may collect transactional information about these activities and store it with your customer account. We may use this information to determine your TS Rewards tier level (if you are a TS Rewards member) and to make predictions about your preferences, and interests, future spending and gaming activity.
4. HOW WE MAY USE YOUR INFORMATION.
- to operate our TS Rewards Program and provide information to you about your TS Rewards Program activity;
- to improve the products and services we provide you and develop new products and services;
- to improve the ONE Properties, ONE Websites and ONE Mobile Apps;
- to track your use of the ONE Properties, ONE Websites and ONE Mobile Apps for our internal market research and analytics;
- to create a more accurate and complete customer profile for you to better understand and predict the products and services you want to use and to provide a more personalized level of service;
- to notify you about promotions and special offers regarding products and services provided by us or our affiliates or other associated third parties, including our Joint Marketing Partners (defined below);
- to ask for your participation in our internal market research;
- to generate aggregate statistical studies about our customers to better understand how our customers use our services;
- to contact you in response to your inquiries, comments and suggestions;
- to provide a healthy, secure, and safe environment for our customers or employees;
- to protect and defend our rights or property or enforce our agreements with you;
- to perform background checks for any reason (to the extent permitted by applicable laws), which includes but is not limited to any investigation into your identity, any credit checks or any inquiries into your personal history:
- to cash your checks, extend you credit, process credit card, ACH and/or other financial transactions;
- administer general recordkeeping for financial statements and audits;
- comply with our internal records management policy and retention rules;
- to contact you otherwise when necessary; and
- otherwise with your consent or as permitted or required by applicable law.
5. HOW WE SHARE YOUR INFORMATION WITH OUR AFFILIATES.
For business purposes, we may share certain information we receive from you, and about your transactions with us, with our affiliates, including our casinos, hotels, convenience stores, marinas, online and web based businesses, and other instrumentalities, corporate entities or affiliates. Doing so allows us to provide the products and services you have requested and quickly respond to applications for credit or other financial services. We may also disclose your personal information to all ONE Properties if you participate in our “self-restriction” or “self-exclusion” programs.
6. HOW WE SHARE YOUR INFORMATION WITH NON-AFFILIATED THIRD PARTIES.
As permitted by law, we may share the information we collect from and about you with non-affiliated third parties as follows:
(a) Third Party Service Providers. Your information may be shared with or collected by third party service providers who provide us with services, including but not limited to data hosting or processing, credit card processing, credit or background checks, or processing and fulfilling reservations or purchases. 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.
(b) Third Party Joint Marketing Partners. We may share certain information about you with other companies with whom we have joint marketing or similar agreements, or other businesses with whom we have a contractual relationship (“Joint Marketing Partners”), who may contact you with marketing and promotional offers. If you would like us to stop providing your information to these Joint Marketing Partners, you may opt-out of personal information sharing by following the instructions in Section 8 below.
(c) Response to Lawful Requests for Information or Court Orders or to Protect Rights and to Comply with Our Policies and Applicable Law. To the extent permitted by law, we will disclose your information to government authorities or third parties: (i) if required to do so by applicable law, or in response to request for information that would otherwise be the subject of a lawful subpoena or court order if not for the Oneida Indian Nation’s sovereign immunity, search warrant or other valid legal process, (ii) to comply with legal, regulatory or administrative requirements of any governmental authorities having authority or jurisdiction, including but not limited to gaming regulators, (iii) in connection with any legal action, claim or dispute, including but not limited to the collection of debts, (iv) we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large, or (v) we believe that you have abused a ONE Website or ONE Mobile App by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws. You should be aware that, following disclosure to any third party, your information may be accessible by others to the extent permitted or required by applicable law.
(e) Aggregate Information. We may share your information with affiliated or non-affiliated third parties on an anonymous, aggregate basis. While this information will not identify you personally, in some instances these third parties may be able to combine this aggregate information with other data they have about you, or that they receive from third parties, in a manner that allows them to identify you personally.
7. ONLINE ADVERTISING; TRACKING.
(a) Online Advertising. ONE and third parties may use the information collected through the ONE Websites using cookies, web beacons, and other similar technologies to help manage online advertising programs. This information may enable advertising services to track the actions of users online over time and across different web sites or platforms to measure statistics relating to marketing efforts, and to deliver electronic advertisements that may be more relevant to individual consumers and that will improve the consumer experience.
(b) Do Not Track. Your browser may allow you to adjust your browser settings so that “do not track” requests are sent to the websites that you visit. However, at the present time we do not disable tracking technology that may be active on the ONE Websites in response to any “do not track” requests that we receive from your browser.
8. “DO NOT SELL MY PERSONAL INFORMATION” REQUESTS.
You may opt-out of having your personal information sold. “Sale” includes a typical sale (i.e., a transfer of data from a seller to a buyer in exchange for money), but it also includes sharing of personal information with a third party in exchange for anything of value (money or otherwise). We may share personal information of TS Rewards members with our Joint Marketing Partners (defined in Section 6(b) above). You may opt-out out by submitting a request to email@example.com.
If you are a TS Rewards member, you can request that we deactivate your account by following the instructions above, and we will deactivate your account and adjust account settings so that your data will not be shared with our marketing partners, and you will no longer receive any marketing communications from us.
Opting out through this mechanism will not prevent your personal information from being shared with third parties for non-marketing purposes (for example, to process one of your transactions).
We maintain physical, electronic and organizational safeguards that reasonably and appropriately protect against the loss, misuse and alteration of the information under our control. With regard to information that you transfer to us through one of the ONE Websites or ONE Mobile Apps, please be aware that no data transmission over the Internet or a wireless network can be guaranteed to be 100% secure. As a result, ONE cannot guarantee or warrant the security of any information you transmit on or through the ONE Websites or ONE Mobile Apps and you do so at your own risk.
10. HOW TO ACCESS, UPDATE AND CORRECT PERSONAL INFORMATION.
In order to ensure that all your personal information is correct and up to date, visit an ONE Property and speak to a customer service representative. As a TS Rewards member, you may also review and update your profile by logging into your account at myturningstone.com or emailing firstname.lastname@example.org.
12. VIDEO SURVEILLANCE AND FACIAL RECOGNITION TECHNOLOGIES.
We use surveillance systems to monitor all gaming areas and other public or sensitive areas of the ONE Properties. Video surveillance cameras may be used for security and health purposes and to protect us, our customers and employees against potential violations of criminal or civil laws as well as threats to our guests’, customers’ and employees’ health. Some video surveillance systems may incorporate facial recognition technologies that can be used, in the discretion of our employees, for additional surveillance and screening of individuals at ONE Properties. In addition, cameras and facial recognition technologies may also be used at ONE Properties to enhance your customer experience and provide services to you. Surveillance camera output is monitored by our employees and may be viewed by law enforcement and regulatory authorities.
13. NON-U.S. RESIDENTS.
Unless otherwise specified, the ONE Websites and ONE Mobile Apps and material provided on or through the ONE Websites and ONE Mobile Apps are solely intended for users located in the United States and for promoting products, programs, and business operations within the United States. If you do not reside in the United States and you choose to access or use the ONE Websites and/or ONE Mobile Apps, or visit ONE Properties, and provide your personal information to us, it may be transferred to, processed and maintained on servers or databases located outside of the country or jurisdiction where you are located. If you do not want your information transferred to, processed, or maintained outside of the country or jurisdiction where you are located, you should not use the ONE Websites and/or ONE Mobile Apps or visit ONE Properties.
14. CONTACT INFORMATION.
Oneida Nation Enterprises, LLC
ATTN.: Enterprise Marketing
Turning Stone Resort Casino
5218 Patrick Road
Verona, NY 134785