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Privacy Policy

This Website is intended only for users over the age of 18. Please leave this Website if you are under the age of 18. By continuing, you represent that you are over the age of 18 and release Finger Lakes Racing Association, Inc., (“Finger Lakes Gaming & Racetrack”, “we” or “us”) our subsidiaries and affiliates, and the creators of the Website from any and all liability for your use or access to the Website relating to your age.

We have created this Privacy Policy to describe how we collect, store, use and disclose your personal information and how you can correct, remove and opt-out of our collection of your personal information. This Privacy Policy applies to all Websites operated by us and our affiliates (our “Websites”), software applications made available by us and our affiliates, including, without limitation, Lucky North Casino (our “Apps”), social media pages that we or our affiliates manage or control (our “Social Media Pages”) and email messages and other electronic communications that we send to you that link to this Privacy Policy (“Emails” and together with our Websites, Apps, Social Media Page, the “Online Services”). This Privacy Policy also applies to information we may collect from you through our operations, including, but not limited to, our gaming, hotel, retail, dining and other amenity transaction, management, reservation and reward systems, including the Lucky North Club for player rewards (together with the Online Services, our “Services”).

By providing Personal Information to us or by using our Services, you are agreeing to the terms and conditions of this Privacy Policy, as modified from time to time by us.

What information do we collect about you?

We may collect several types of information related to you through the Services. We may collect "Personal Information," which, generally speaking, is information that can be used to identify you individually, such as your name, address, phone number, email address, profile picture, social media profile data, social security number, and driver’s license information and in certain cases with respect to in-App purchases, your credit card information. We do not, however, collect personal information about you unless you specifically provide your information on a voluntary basis. We do not store any of your credit card information.

We may also collect "Non-Personal Information", which is information about you that does not itself identify you individually. Examples of Non-Personal Information includes

  • Browser and device information
  • App usage data
  • Information collected through cookies, pixel tags and other technologies
  • Demographic, sociographic and similar information provided by you

We may also collect aggregate information ("Aggregate Information”” that is related to you, which is information about groups of our customers that does not individually identify you or any other customer. For example, we may collect various forms of "click stream" information such as entry and exit points for our Websites (i.e., referring URLs or domains), Website traffic statistics, page views, impressions, and operating system and browser type or aggregate information on the number of customers who download an App in a particular demographic or sociographic category.

How do we collect personal information about you?

In Person. When you sign up for the Lucky North Club in person at the Lucky North Club, we will ask you to provide certain personal information to complete your registration. As you use your Lucky North Club account we will ask you periodically for certain additional information. We may also collect 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.

Online Services. We may collect personal information from you when you sign up to receive newsletters, offers and promotions, access and use your Lucky North Club account, register for and use our Apps (including when purchasing virtual goods or credits in our social gaming Apps), respond to or claim a promotion or offer, respond to surveys and other communications, provide customer feedback, make reservations at properties operated by Delaware North Companies, Incorporated that have hotel, dining or other amenities or share information via your social media accounts. If you use our Apps with your mobile device, or sign up to receive alerts via text message, we may also have access to your device ID or phone number, and access to your contacts.

Other Sources. We may receive your personal information from other sources, such as public databases; joint marketing partners; social media platforms; from people with whom you are friends or otherwise connected on social media platforms; as well as from other third parties. For example, if you elect to connect your social media account to your Lucky North Club account, such as by accessing or using your Lucky North Club account, purchasing virtual goods in our Apps or using a social network account, including by receiving messages through our Apps from other social media users, certain Personal Information from your social media account may be shared with us, which may include Personal Information that is part of your profile or the profiles of other social media users with whom you have a connection. If we combine or associate information from other sources with personal information that we collect through our Services, we will treat the combined information as personally identifiable information in accordance with this Privacy Policy.

How do we collect non-personal information about you?

We and our third-party service providers may collect non-personal information about you in a variety of ways, including: Through your browser or device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Services (such as our Apps) you are using. For example, when you request a page from our Website, our servers log the information provided in the HTTP request header including the IP number, the time of the request, the URL of your request and other information that is provided in the HTTPS header.

Through your use of our Apps: When you download and use our Apps, we and our service providers may track and collect App usage data, such as the date and time the App on your device accesses our servers, purchases and reservations made on our Apps and what information and files have been downloaded to our Apps based on your device number.

Using cookies: Cookies are pieces of information sent to your computer by us (or a third-party service) that are stored directly on your computer. Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences, and other anonymous traffic data. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or be given the choice of declining or accepting the transfer to your computer of a particular cookie (or cookies) from a particular website. However, if you do not accept these cookies, you may experience some inconvenience in your use of the Services. For example, we may not be able to recognize your computer and you may need to log in every time you visit the applicable Services. You also may not receive advertising or other offers from us that are relevant to your interests and needs.

We also use:

Google Analytics. Google Analytics uses cookies and other, similar technologies to collect and analyze information about use of our Websites and to report on activities and trends. You can learn about Google Analytics by going to www.google.com/policies/privacy/, and opt out by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) 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.

IP Address: 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 the Services, helping diagnose server problems, and administering the Services.

Physical Location: 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 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 you: Other information, such as your preferred means of communication, is collected when you voluntarily provide it.

How do we use and disclose your personal information?

We use and process personal information only for the purposes for which it was collected and in accordance with this Privacy Policy. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed in connection with the uses set out in this Privacy Policy.

We may use your personal information:

  • To respond to your inquiries and fulfill your requests, such as to send you newsletters.
  • To send administrative information to you, for example, information regarding the Services and changes to our terms, conditions, and policies, or information regarding your gaming activity.
  • For the advertising, marketing and/or promotion of our and our subsidiaries’ products or services.
  • To complete and fulfill your purchase, for example, to process your payments, confirm your reservation, communicate with you regarding a reservation or purchase and provide you with related customer service.
  • To allow you to participate in 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.
  • For our business purposes, such as data analysis, statistical, design and operational purposes, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
  • For online reservation services, in-App purchases or other shopping processes, including with entities as necessary to process credit card payments or other purchasing or delivery systems.
  • To personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the certain Services.
  • As we believe to be necessary or appropriate: (a) to comply with legal process; (b) to respond to requests from public and governmental authorities, including public and governmental authorities outside your country of residence; (c) to enforce our terms, conditions and agreements; (d) to protect our operations and employees or those of any of our affiliates (including through surveillance); (e) to protect our and our affiliates rights, privacy, safety or property; (f) to allow us and our affiliates to pursue available remedies or limit the damages that we or our affiliates may sustain; (g) 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; or (h) to governmental authorities, in our sole discretion, in exceptional circumstances, such as a national emergency, security matters, or other situations in which we deem such disclosure prudent.

Your personal information may be disclosed:

  • To our affiliates for the uses and purposes described in this Privacy Policy.
  • To our third-party service providers who provide services such as marketing and communications, contest management, website hosting, data analysis, payment processing, order fulfillment, reservation management, information technology and related infrastructure services, customer service, email delivery, auditing and other services. These parties are contractually prohibited from using personal information for any purpose other than for the purpose we specify.
  • By you, on message or posting boards, chat, profile pages and blogs, social media websites, via in-App user messaging and other services to which you are able to post information and materials that are designed to be visible to other users, (including, without limitation, our Social Media Pages), including comments, recommendations, reviews, photo submissions, or any other items or content that you submit via our Online Services, as well as social media or other online activity (outside of our Online Services) that references us, any of our properties, or any activities taking place at one of our properties. Any information you disclose in this manner, along with your user name (if any), any social media handle, or any image or photo, becomes public and may be used by us for online and offline promotional or commercial uses in any and all media.
  • To your friends associated with your social media account, to other users of our Online Services and to your social media account provider, in connection with your social sharing activity, such as if you connect your social media account to the Services account or log into your account on the Services through your social media account. By connecting your Services account and your social media account, you authorize us to share information with your social media account provider, and you understand that the use of the information we share will be governed by the social media website’s privacy policy. If you do not want your personal information shared with other users using social media accounts to access the Online Services or with your social media account provider, please do not connect your social media account with your Services account and do not participate in social sharing using the Services.
  • With respect to our social gaming services, with third party service providers to provide website and application development, hosting, and maintenance as well as other services for us. To the extent it is necessary for these service providers to complete their contractual obligations to us, these third parties may have access to or process your personal information. Generally, these disclosures are made under terms comparable to this policy, and the recipients are limited to using the information only for the purpose for which it was provided.
  • As we believe to be necessary or appropriate: (a) to comply with legal process; (b) to respond to requests from public and governmental authorities, including public and governmental authorities outside your country of residence; (c) to enforce our terms, conditions and agreements (including to initiate, render, bill, and collect for amounts owed to us); (d) to protect our operations and employees or those of any of our affiliates; (e) to protect our and our affiliates’ rights, privacy, safety or property; (f) to allow us and our affiliates to pursue available remedies or limit the damages that we or our affiliates may sustain; (g) 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; or (h) 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.

Except as disclosed in this Privacy Policy, we do not sell or disclose your personal information to entities other than our affiliates without your consent.

How do we use your non-personal information?

We may use and disclose your non-personal information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat non-personal information as personal information under applicable law, then we may use it for all the purposes for which we use and disclose personal information.

We and our service providers use information gathered from cookies for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience while using the Services. We can recognize your computer to assist your use of the Services. We also gather statistical information about the usage of the Services in order to continually improve their design and functionality, understand how they are used and to assist us with resolving questions regarding them. Cookies further allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Services. We may also use cookies in online advertising to track responses to our advertisements, and we may use cookies or other files to track your use of other websites for analytics or advertising purposes.

In some instances, we may combine other information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined. Aggregate Information generally will not personally identify you or be correlated to you individually for external purposes. We may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use any and all Aggregate Information, provided that, such information does not personally identify you. When we share such information with other companies, it is not traceable to any particular user, and will not be used to contact you. If we do correlate any Aggregate Information to you, such information will be treated like any other personal information under this statement.

What choices do you have over our use of your personal information?

We give you choices regarding our use of your Personal Information for marketing purposes. You may opt-out from:

  • Receiving electronic communications from us: If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out by clicking on the unsubscribe link in these emails. You may also opt out by visiting the Lucky North Club to update your profile.
  • Receiving physical mail and telephone advertising. If you no longer wish to receive physical mail, please contact the Lucky North Club at Finger Lakes Gaming & Racetrack by visiting in person, calling 585-924-3232 or emailing us at webinfo@delawarenorth.com. If you no longer wish to receive telephone advertising calls from us, you may register with the National Do Not Call Registry (information may be found at https://www.donotcall.gov/). Even if you registered your telephone number on a do-not-call list, certain exemptions may allow us to contact you by telephone. However, to ensure our customers' preferences are honored, we also maintain our own internal do-not-call list. If you would like to opt-out of receiving telemarketing sales calls from us by adding your telephone number to our internal do-not-call list, please contact the Lucky North Club at Finger Lakes Gaming & Racetrack by visiting in person, calling 585-924-3232 or emailing us at webinfo@delawarenorth.com.

How can you access, change or prohibit use of your personal information?

You can access the personal information you submit to our Website via your Lucky North Club account at any time. If you would like to review, correct, or update personal information that you have previously provided us, please contact the Lucky North Club at Finger Lakes Gaming & Racetrack by visiting in person, calling 585-924-3232 or emailing us at webinfo@delawarenorth.com or, if you are a Lucky North Club Member, by accessing your Lucky North Club account by clicking here. For your protection, we may only implement requests with respect to the personal information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request.

If you do not want us to continue to use your personal information or disclose it to our affiliates and third-party business partners or if you would like to prevent our affiliates from using your personal information, please contact the Lucky North Club at Finger Lakes Gaming & Racetrack by visiting in person, calling 585-924-3232 or emailing us at webinfo@delawarenorth.com. Please note that any information previously shared with third parties prior to receipt of your request may result in continued communications from those parties pursuant to their own privacy policies.

Cal OPPA Do Not Track Policy

Some web browsers and devices permit you to broadcast a preference that you not be “tracked” online. At this time, we do not modify your experience based upon whether such a signal is broadcast.

California Privacy Policy

NOTICE TO CALIFORNIA RESIDENTS. Under California Civil Code sections 1798.83-1798.84, California residents who have an established business relationship with us are entitled to ask us for a notice describing what categories of personal customer information we share with third parties for their direct marketing purposes. This notice will identify the categories of information shared and will include a list of the third parties with which it is shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to us at the addresses listed below. Please email webinfo@delawarenorth.com or mail your written request to 250 Delaware Avenue, Buffalo, NY 14202, Attn: Corporate Communications, with a reference to California Disclosure Information.

Subject to applicable laws, including but not limited to our obligations relating to anti-money laundering laws, we will try to comply with your request with respect to your personal information as soon as reasonably practicable. Please note that despite any preference that you select, we may contact you from time-to-time for customer service matters, such as responding to service-related inquiries, updating our policies, or notifying you of changes to existing services.

What happens to your personal information if Finger Lakes Racing Association, Inc. is sold? Information collected through our Website, subject to the restrictions set forth in this Privacy Policy, is considered our trade secret. As a result, if we are bought by another company or another company buys all or substantially all our assets, the company that purchases us or our assets would then become the owner of the information collected. Subject to compliance with applicable laws, that purchaser would be permitted to use this information in the manner it saw fit.

Links to Other Websites

Please be aware that we provide links to third-party websites as a service to our users. By accessing another website from our Websites, you hereby release us from any and all liability arising out of or relating to your use of such link and website. We are not responsible for the content or information collection practices or the privacy practices of any third-party websites. Please note that these websites' privacy policies may differ from ours. This Privacy Policy applies only to information collected by us and our subsidiaries and affiliates, unless otherwise indicated.

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.

Use of this Website by Persons Under the Age of 18 is Prohibited

We not knowingly or intentionally collect any personally identifiable information from, or market or advertise the Services to, individuals under the age of 18. Pursuant to law, persons under the age of 18 are not permitted to gamble at our properties or loiter in casino areas. Similarly, our Online Services are not intended for persons under the age of 18.

Any contests, activities, offers or programs promoted, whether via our Online Services or in any of our physical locations are strictly limited to people over 18. Persons younger than this age are not allowed to use our Online Services, accept offers, or win contests. We reserve the right to verify age at any time for any reason and may decline to provide products, services or access rights to any person who does not have valid age identification. Please note that for some of our properties, users may access limited aspects of the Services in compliance with applicable local laws (by way of example, certain family-oriented events may take place at such properties).

To respect the privacy of children and to comply with the Children's Online Privacy Protection Act, children under the age of 13 should not provide any Personal Information on this Website. If you are a parent or guardian and discover that your child under the age of 13 has obtained an account for one of our Services, please contact the Lucky North Club at Finger Lakes Gaming & Racetrack by visiting in person, calling 585-924-3232 or emailing us at webinfo@delawarenorth.com and we will delete that child’s personal information from our systems.

Information Use Security and Storage of Information

We seek to use commercially reasonable organizational, technical and administrative measures to protect against unauthorized access, alteration, or dissemination of your personal information. For example, all personal and general information that reaches us is stored on a secure server that resides behind firewalls designed to block unauthorized access from outside of our organization. In addition, when we ask for credit card data, it is transferred over a Secured Sockets Layer (SSL) line provided you are using a SSL-enabled browser. This ensures that your information is encrypted as it travels through the Internet. This secure mode is enabled before any such information is transmitted from your computer. You will know that you are in "secure mode" when the padlock or key icon in the lower right-hand or left-hand corner of the computer screen appears in the locked position. In addition, when accessing a secure server, the first characters of the Website address will change from "http" to "https."

Despite these 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 via letter, telephone, or fax at the following: Address: Finger Lakes Gaming & Racetrack, Attn: Marketing, P.O. Box 25250, Farmington, NY 14425 Phone number: 585-924-3232; Fax number: 585-924-3967; Email: webinfo@delawarenorth.com.

International Visitors

The Online Services are hosted in the United States and are intended for visitors located within the United States. If you nonetheless choose to use the Online Services from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States and by providing your personal information on the Online Service you consent to that transfer.

Changes

We reserve the right to amend this Privacy Policy at any time, so please review it frequently. The “Last Updated” legend at the top of this page indicates when this Privacy Policy was last revised. We may make non-significant changes to the Privacy Policy, not affecting how your personally identifiable information is collected, used or disclosed, of which we may not notify users. Continued use after the new Privacy Policy has taken effect constitutes acceptance of and consent to the new Privacy Policy. If you do not agree to the new terms, you should stop using our Services, in which case we may continue to use your personal information in a manner consistent with the policy in effect at the time the information was gathered unless you otherwise require us to discontinue using your personal information in the manner described herein.

This Privacy Policy and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any other person or entity.

Contact

If you have any questions about our Privacy Policy or our use of your information, or if you need help managing your information you can contact us by calling 585-924-3232 or sending us a letter at Finger Lakes Gaming & Racetrack, Attn: Marketing, P.O. Box 25250., Farmington, NY 14425; visiting us at 5857 Route 96, Farmington, NY 14425, or emailing us at webinfo@delawarenorth.com.


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