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., 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.

At Finger Lakes Racing Association, Inc., we take the privacy of your personal information seriously. This Privacy Policy outlines the ways we collect your personal information, how we use it, how and to whom we disclose it, and your rights in relation to the personal information that we process. In addition, it explains how we use that information and how you can opt out of certain uses of information we may collect. All references to “Company,” “we,” “us,” and “our” shall mean Finger Lakes Racing Association, Inc.. If the practices described in this Privacy Policy are not acceptable to you, you should not provide Company with information about yourself. We may periodically update this Privacy Policy. The “Last Updated” date at the bottom of the page tells you when this Privacy Policy was last revised. We will notify you of material changes by posting notice on our website (“Website”) or other mobile or other web-based application (“Application”) (collectively, the “Website”) or through other means. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on our Website. Therefore, we encourage you to check the date of our Privacy Policy whenever you visit our Website for any updates or changes.

This Privacy Policy applies to information we may collect from you through our operations, including, but not limited to, the Lucky North Club for player rewards, our gaming, hotel, retail, and dining operations, and our amenity, transaction, management, reservation, security, compliance and reward systems. When you sign up for 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. This Privacy Policy applies to the Lucky North Club for player rewards, to websites and social media pages that we or our affiliates manage or control, to our premises and information obtained on our premises, to applications that we use or offer to you in our operations, and to email messages and other electronic communications that we send to you that link to this Privacy Policy. This Privacy Policy does not apply to the Lucky North Casino, Betly, or other applications sponsored by our affiliate Ruby Seven Studios, Inc., which is governed by a similar but separate privacy policy. For those separate application privacy policies see Lucky North Casino Privacy Policy, Betly (WV) Privacy Policy, Betly (AR) Privacy Policy and/or Ruby Seven Privacy Policy respectively.

Collection of Your Personal Information

“Personal Information” refers to information that relates to an identified, or identifiable, person or household. This includes, for example, your first and last name, home address or email address. We may also collect and process sensitive Personal Information, such as Social Security number, payment card number, driver’s license identification, or precise geolocation, as further described in this Privacy Policy. In addition to Personal Information, we also collect information that does not identify you, such as 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.

What Personal Information Has the Company Collected in the Last 12 Months?

The chart below lists the categories of Personal Information that we have collected in the last twelve (12) months. Please note that the chart may include types of Personal Information that we collect and share about people other than yourself. For example, we may collect Social Security numbers from our employees, but we generally do not collect them concerning our customers or guests. The chart below also lists the categories of third parties, such as processors or other service providers, to which we have disclosed Personal Information in the last 12 months for a business purpose, such as contacting our customers or processing a payment transaction.

Category of Information Collected	Source of Information	Purpose for Collection	Third Parties to Which Information Has Been Disclosed for a Business Purpose
Identifiers, such as real name, postal address, date of birth, gender, telephone number, unique personal identifier, online identifier, Internet Protocol address, e-mail address, account name, user name, and other similar identifiers and information related to your account. This also includes demographic information obtained from third parties.	You, your company, and/or your use of our Website; demographic content providers; your responses to our surveys; government issued identification documents (e.g., driver’s license); communications with our Customer Service representatives; representatives; other sources, such as public databases, joint marketing partners, social media platforms, as well as from other third parties (“Third Party Sources”)	To contact you; provide you or your company, or other Company guests or customers, with goods, services, or information you or your company request; to send you promotional materials or other products, services or offerings; secure your account; or to make our products and services better; to inform you about and administer sweepstakes, contests, and similar promotions	We disclose your information to service providers, such as mailing fulfillment vendors and companies that help us identify you and your preferences, to conduct our business. We may also share your Personal Information with other service providers, such as credit card processors or professionals, like attorneys or accountants, where necessary for our business. Company venues in the Company family of brands may also share Personal Information with affiliates that provide back-office support.
Other identifiers such as signature, credit card number, or debit card number	You, your company, and/or your use of our Website	See above. Generally, we collect these categories of information in relation to purchases you make from us.	See above. Generally, we share purchase-related information only to third parties that help us process your purchases.
Sensitive personal information such as Social Security number, driver’s license identification or passport identification number	You; Third Party Sources	To detect security incidents, protect against malicious or fraudulent activity, to protect physical safety of natural persons, or to otherwise perform services on behalf of our business (things like offering credit, processing insurance claims, hiring employees)	We may share this information with our service providers. We may also share this information with law enforcement to protect the Company and natural persons. We may also share this information with governmental agencies as required by law.
Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with our Website, an application, or advertisement	You, your company, and/or your use of our Website; Third Party Sources	To better serve you, provide you information best suited to you, and to maintain and secure our networks and systems; to operate the website and collect analytics; to understand our customer preferences; to create remarketing campaigns, and audience look-a-likes for promotions and marketing	We share with third parties to serve you relevant advertisements, to tailor our content to your preferences, and to maintain and secure our networks and system.
Audio or video recordings, such as recordings of customer service calls or video recordings on our premises	You, equipment on our network or at our premises	We use audio recordings for training and quality control purposes. We use video recordings to protect our customers, our employees, our premises and otherwise deter theft and fraud.	We share audio and video recordings only with third parties necessary to our use and processing of such recordings.
Your location or geolocation	From you, your company, and/or use of our Website. Also, if you interact with or connect to a guest or other wireless network at one of our premises, we or our service provider may collect information about your 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 disclose your location to our service providers, including marketing partners to provide you with more personalized advertisements or services.
Employment related information, including health insurance information and other health-related information, and biometric information, like fingerprint, of certain of our employees. This also includes professional information like past employment.	You; Third Party Sources	We collect information necessary for the employment of Company employees, and to provide benefits.	We share employment information with third parties necessary for the processing of such information, such as payroll and benefits providers. We also share employment information with governmental agencies as required by law.
Commercial information, including records of products or services purchased, obtained or considered.	You, your company, and/or your use of our Website; Third Party Sources	We may maintain a record of goods and services you obtain from us for our commercial records and otherwise to better serve you, and to draw inferences about your preferences.	We share purchase and commercial information only with third parties necessary for the processing of such information.
Professional information	You and Third-Party Sources	We collect professional information such as job title and contact information, from our business contacts, so we can connect and do business with them.	We share professional information concerning our business contacts only with those third parties necessary for us to process such information.
Inferences we draw from any of the information identified above to create a profile about you reflecting your preferences	We develop such inferences internally or with the help of Third Party Sources.	Generally, we may develop inferences, like product or service preferences, concerning our customers, which we use to better serve them and provide them with information concerning products or services that may interest them.	We share such inferences with third parties necessary for our processing of such inferences, such as marketing software platforms.

We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you with notice.

Disclosing or Using Your Personal Information

In addition to the specific situations discussed elsewhere in this Privacy Policy, we disclose Personal Information in the following circumstances:

Affiliates

We may disclose your information to companies that are under common ownership or control with Company, our subsidiaries and/or affiliated companies.

Our Clients, Franchisors/Licensors, and Other Comparable Third Parties

We may disclose your information to third parties who require access to your Personal Information because of the business relationship we have with the third party. In this context, we are often a service provider to the third party (e.g., providing concessions at sports venues or otherwise providing food, beverage, and other services at client owned locations) or operate our location under a third-party brand (e.g., franchisor). These third parties may require that we share your Personal Information with them. Their use of your Personal Information is governed by their independent data collection and use practices and privacy policies, which may differ from our privacy policy. You should review their privacy policies to determine how they use and disclose your Personal Information, along with any choices you may have regarding the same.

Business Transition

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.

Legal Purposes

We may disclose your information:

• 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).
• to enforce or apply our policies or agreements (including to bill and collect for amounts owed to us).
• to protect and defend our operations and ours and our employees’, patrons’, users’, or the publics’ rights, privacy, safety or property (including through surveillance).
• to protect our Websites, including fraudulent, abusive or unlawful use of our Websites.
• 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.
• 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.

De-Identified/Aggregate Information

We may disclose de-identified or aggregate information that does not contain your Personal Information. Where we do so, we require that the recipient agree not to re-identify any such information.

Sensitive Personal Information

We do not use or disclose sensitive Personal Information for purposes other than to provide the goods or services you expect, to detect security incidents, protect against malicious or fraudulent activity, to protect physical safety of natural persons, or to otherwise perform services on behalf of our business (things like servicing accounts, fulfilling orders or transactions, verifying customer information).

Cookies and Related Information

“Cookies” are small pieces of information that are placed on your device while you interact with a web site. We use cookies and similar technology with different names (e.g., clear GIFs, pixels, etc.), which we’ll refer to collectively as “cookies”. Below are the categories of cookies we use and their respective purposes:

• Essential: Required to enable basic Website functionality.
• Targeted Advertising: Used to deliver advertising that is more relevant to you and your interests, to limit the number of times you see an advertisement, and to measure the effectiveness of advertising campaigns.
• Personalization: Allow the Website to remember choices you make (such as your username, language, or the region you are in) and provide enhanced, more personal features. For example, a website may provide you with local weather reports or traffic news by storing data about your general location.
• Analytics: Help us understand how our Website performs, how visitors interact with the Website, and whether there may be technical issues.

Depending on the cookie, the data captured may be used by us internally (e.g., Essential cookies) and/or the information may be shared with the cookie provider and other businesses (e.g., Targeted Advertising cookies). Cookies that we use show advertisements on our Websites and within our content as that content is shown across the Internet. We may also use third party network advertisers and analytics providers to show our advertisements across the Internet and/or to provide information about viewing of our content. Ad network providers, the advertisers, the sponsors, and/or analytics service providers may set and access their own cookies on your device and they may otherwise collect or have access to information about you.

Certain cookie providers require that we include certain information about our use of their cookies. Below is the information we are required to disclose as of the policy Effective Date. Since this list may change, you should periodically check the list for any updates.

• The Website uses Google Analytics. Information concerning Google’s collection and processing of information can be found here https://policies.google.com/technologies/partner-sites, or any other URL that Google may provide from time to time. By using the Website, you acknowledge and consent to the storing and accessing of cookies or other information on your device where such activity occurs in connection with Google Analytics.
• In order to provide Microsoft Advertising, Microsoft collects or receives from you certain data or information that constitutes personal data or personal information under certain data protection laws. For additional information, please visit https://privacy.microsoft.com/en-us/privacystatement or such other website as Microsoft may designate for this purpose from time to time.

We do not currently recognize automated browser signals regarding tracking mechanisms, which may include “Do Not Track” instructions.

Sale and Sharing of Personal Information

In the last twelve (12) months, we have not sold Personal Information.

In the last twelve (12) months, we have shared the following categories of information with third parties for the purposes of Targeted Advertising:

• Demographics (e.g., age, gender, location, language)
• Device/Browser/App Information (e.g., device/app type, version, model, language, operating system, browser, internet protocol address, use frequency, cookie ID, as applicable)
• Interests/Browsing Information (e.g., pages viewed, time spent on site/site activities, links clicked)
• Conversion Data (e.g., purchase value, conversion rate)
• User Categorization (e.g., new/returning visitor, interests based on viewing activity)
• Hashed email address or phone number (if available)

You can opt out of Targeted Advertising using our Cookie Preference Center.

Additionally, you can opt out of Targeted Advertising by 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.

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 administrative, technical, and physical safeguards. 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.

Retention of Information

We retain Personal Information for the period necessary to fulfill the purposes outlined in this policy, or until an individual makes a valid request that we delete information about them, unless a longer retention period is required or is permitted by law.

Your Privacy Rights

Depending on where you reside, applicable law may provide you with certain privacy rights, such as:

• Changes to Your Personal Information. We rely on you to update and correct your Personal Information. Most of our Websites allow you to modify or delete your account profile. Note that we may keep historical information in our backup files as permitted by law. If our Website does not permit you to update or correct certain information, contact us with such request pursuant to the “Your Privacy Rights” section below.
• Deletion of Your Personal Information. You may request that we delete your Personal Information by contacting us with such request pursuant to the “Your Privacy Rights” section below and we will delete such Personal Information to the extent required by law. Valid requests to delete may be fulfilled by deleting or de-identifying this information, although we will retain any information we are required to keep by law.
• Revocation of Consent and/or Objections to Processing. If we are processing your Personal Information based on your consent, you may revoke consent, or object, to specific processing of your Personal Information by contacting us with such request. If you revoke your consent for or object to the processing of Personal Information, then we may no longer be able to provide you services. In some cases, we may limit or deny your request to revoke consent or object to processing if the law permits or requires us to do so, or if we are unable to adequately verify your identity. We note, however, that the majority of our processing is not based on consent.
• Right to Know/Access to Your Personal Information. If required by law, upon request, we will grant you reasonable access to the Personal Information that we have about you. You may request access to, or a portable copy of, your Personal Information by contacting us with such request pursuant to the “Your Privacy Rights” section below.

Please note that if you make a request, we will need to verify or authenticate your identity (that you are the person that is the subject of the request, the legal guardian of that person, or in some jurisdictions an authorized representative) to carry out the requests. In order to verify your identity, we may ask for certain additional information that we will only use for the purpose of this verification. If we can’t authenticate your identity, we will let you know. Note, in order to maximize the potential that we can identify you when you make a request, please use the information you provided to us, for example when you registered with one of our Websites or otherwise communicated with us.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt or as otherwise required by law. If we require more time (up to 90 days in certain circumstances), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option.

If we cannot process your request, we will inform you of the reason why. For data portability requests, where applicable, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without undue hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If, under applicable law, we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We do not discriminate against consumers who exercise any of their rights described in this section.

Appeal Rights

If we deny a request you make concerning your Personal Information, you may have the right to appeal that denial. If so, we will provide you information concerning your appeal right when we deny your request.

California residents may also be entitled to ask us for a notice describing what categories of Personal Information (if any) we share with third parties or affiliates for direct marketing purposes (California “Shine the Light” Rights).

Other Choices You Can Make

You can make the following choices regarding your Personal Information:

• Promotional Emails. You may choose to provide us with your email address for the purpose of allowing us to send newsletters, surveys, offers, and other promotional materials to you, as well as targeted offers from third parties. You can stop receiving promotional emails by following the unsubscribe instructions in emails that you receive or by contacting us with such request pursuant to the “How to Contact Us” section below. If you decide not to receive promotional emails, we may still send you transactional or service-related communications.
• Promotional Mailings. If at any time you do not want to receive offers and/or mailings from us, you can remove yourself from our mailing list by contacting us with such request pursuant to the “How to Contact Us” section below and including “NO SNAIL MAIL” in the subject line along with your name, address and zip code. Although we will remove your name from our mailing list after receiving your request, you may still receive mailings from us that had been initiated prior to your name being removed.
• Promotional Telephone Calls. If at any time you do not want to receive telephone calls from us you can remove yourself from our contact list by contacting us with such request pursuant to the “How to Contact Us” section below
• Promotional Text Messages. If you receive a text message from us that contains promotional information, you can opt out of receiving future text messages by replying “STOP” or otherwise contacting us with such request pursuant to the “How to Contact Us” section below.

Miscellaneous

Aggregate Information

We collect aggregate information about use of our Website. This aggregate information generally will not 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 reveal your identity. 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 policy.

Links to Other Sites

Please be aware that we provide links to third-party websites as a service to our users, and that we are not responsible for the content or information collection practices of those pages. Please note that these websites’ privacy policies may differ from our Privacy Policy. We encourage you to review and understand their privacy practices before providing them with information.

Transmission of Information to Other Countries

As a multi-national company, we transmit information between and among Company, our subsidiaries and/or our affiliate companies. As a result, your information may be processed in a foreign country where privacy laws may be different from the laws in your country. 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.

Children Under the Age of 16

We do not knowingly collect information from children under the age of 16. Our Website is not directed at persons under the age of 16 and should not be used by them. In no event should children under the age of 16 provide any Personal Information through our website. More information about the Children’s Online Privacy Protection Act (COPPA) and how it protects children who use the Internet may be found at https://www.ftc.gov.

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 Meta Platforms, Inc., (META) and its affiliates, including Facebook and Instagram – you allow us to (a) access and/or collect certain information from your third-party platform profile/account and (b) . You additionally allow us to access information contained in cookies the third-party platform placed on your device. The third-party platform provider determines what information we receive by the third-party platform as permitted by the terms of your agreement and privacy settings with the third-party platform. We may disclose this information we receive in relation to your third-party platform profile/account with to the third-party platform. Their use of such information is determined by your separate for their use as permitted by the terms of your agreement and privacy settings with the third-party platform.

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

We do not knowingly or intentionally collect any personally identifiable information from, or market or advertise our products or 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, this Website and any of our online services are not intended for persons under the age of 18.

Any contests, activities, offers, or programs promoted, whether via this Website and any of our online services or in any of our physical locations are strictly limited to eligible participants over 18 or 18 based on applicable rules and laws. Participants younger than this age are not allowed to use this Website and any of 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 our products and services in compliance with applicable local laws (by way of example, our hotel and restaurant facilities and certain family-oriented events that may take place at such properties).

How to Contact Us

If you have any questions about our Privacy Policy or our use of your information or to exercise your privacy rights or choices, you can email or contact us as set forth below. When contacting us, please include your first and last name, the name of the location that collected your information and a contact number or email address where you agree to be reached.

Email us at: privacy@delawarenorth.com

Or send a letter to:

Finger Lakes Racing Association, Inc.
250 Delaware Avenue
Buffalo, New York 14202
Attention: Data Privacy

Or call us: 1-877-313-2605

If you are a person in the United Kingdom, you may also send a letter to:

Delaware North Companies (UK) Limited
2nd Floor, Capital Court
30 Windsor Street
Uxbridge
Middlesex
UB8 1AB
Attention: Head of Risk & Compliance

If you are not satisfied with our response, and you are in the United Kingdom, you may have a right to lodge a complaint with your local supervisory authority.

Effective Date: 10-25-2024

DMP – gam 0524