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Privacy Notice

Effective Data: January 1, 2024            

Modified Date: January 23, 2024

 

WarHorse Gaming, LLC, and its subsidiaries, including WarHorse Gaming Omaha, LLC and WarHorse Gaming Lincoln, LLC (collectively, “WarHorse” or the “Company”), provide information regarding data, privacy, and practices, via this privacy notice (“Notice”).

This Notice describes the types of information we may collect from you or that you may provide when you visit the WarHorse website at https://www.warhorsecasino.com (our “Website”), our WarHorse Casino mobile application (“App”), and in person and/or at our facilities (“Premises”), and our practices for collecting, using, maintaining, protecting, and disclosing that information. By using the Website, the App, or the Premises, you consent to the terms of this Notice.

This Notice applies to information we collect:

  • On this Website, the App, or on the Premises.
  • From emails, texts, and/or other electronic messages between you and the Company.
  • Through mobile and desktop applications you download from the Website, which provide dedicated non-browser-based interaction between you and the Website.
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Notice.
  • From the Nebraska Horsemen’s Benevolent and Protective Association,
  • From the Nebraska Racing and Gaming Commission, the Nebraska Voluntary Self-Exclusion Enrollment Form and Petition for Removal from Voluntary Self-Exclusion and related database(s) (Nebraska Self-Exclusion List), and any other regulatory body.
  • WarHorse may check some of the information with additional sources, and governmental departments, e.g., the Nebraska Racing and Commission. WarHorse may also get information about you from the government or from resources that make data accessible to us or the public.

It does not apply to information collected by:

  • By any other website operated by Company or any third party not mentioned above; or
  • Any third party, including through any application or content (including advertising) that may link to or be accessible from or through the Website.

Please read this Notice carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website, the App, or visit the Premises.  By accessing or using this Website, the App, or the Premises, you agree to this Notice.  This Notice may change from time to time (see Changes to Our Privacy Notice). Your continued use of this Website, the App, or the Premises after we make changes is deemed to be acceptance of those changes, so please check the Notice periodically for updates.

INDIVIDUALS UNDER THE AGE OF 21

Our Website is not intended for children or anyone under 21 years of age. No one under age 21 may provide any personal information to or on the Website, the App, or the Premises. We do not knowingly collect personal information from children or anyone under 21 years of age. If you are under 21, do not use or provide any information on this Website or through any of its features, register on the Website, the App, or Premises, or use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from anyone under 21, we will delete that information. If you believe we might have any information from or about an individual under 21 years of age, please contact us.

INFORMATION WE COLLECT AND HOW WE COLLECT IT

We collect information from and about users of this Website, the App, or the Premises:

  • Directly from you when you provide it to us.
  • Automatically when you use this Website, the App, or the Premises.
 

Information You Provide to Us

When you download, register with, or use this Website, the App, or the Premises, we may ask you provide information:

  • By which you may be personally identified, such as name, postal address, email address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information“).
  • That does not personally identify you, but is necessary for a business purpose.
 

This includes:

  • Information that you provide by filling in forms on this Website, the App, or the Premises. Information provided at the time of registering to use the App or the Premises, subscribing to our service, posting material, and requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with this Website, the App, or the Premises.
  • Records and copies of your correspondence (including email addresses and phone numbers) if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through this Website, the App, or the Premises and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the App.
  • Your search queries on this Website or the App.
 

You may also provide information for publication or display (“Posted“) on public areas of the app or websites you access through the App (collectively, “User Contributions“). Your User Contributions are Posted and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies  

When you use this Website, and download, access, and use the App, it may use technology to automatically collect:

  • Usage Details. When you access and use this Website or the App, we may automatically collect certain details of your access to and use of the same, including traffic data, location data, logs, and other communication data and the resources that you access and use on this Website or the App.
  • Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.
  • Stored Information and Files. This Website or the App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.
  • Location Information. This Website and the App may collect real-time information about the location of your device if location service is enabled.
 

If you do not want us to collect this information do not enable location services / you may opt out at any time. For more information, see Your Choices About Our Collection, Use, and Disclosure of Your Information, however, that opting out of the App’s collection of location information will disable its location-based features.

We also may use these technologies to collect information about your activities over time and across third-party websites, apps, or other online services (behavioral tracking).

The technologies we use for automatic information collection may include:

  • Cookies (or mobile cookies). A cookie is a small file placed on your device. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting, you may be unable to access certain parts of this Website or our App.
  • Web Beacons. Pages of the App and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).
 

Third-Party Information Collection

When you use this Website or our App or content from the same, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

  • Advertisers, ad networks, and ad servers.
  • Analytics companies.
  • Your mobile device manufacturer.
  • Your mobile service provider.
 

These third parties may use tracking technologies to collect information about you when you use this Website or our App. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Your Choices About Our Collection, Use, and Disclosure of Your Information.

HOW WE USE YOUR INFORMATION

We use information that we collect about you or that you provide to us, including any personal information, to:

  • Provide you with this Website or our App and their contents, and any other information, products, or services that you request from us.
  • Fulfill any other purpose for which you provide it.
  • Give you notices about your account/subscription, including expiration and renewal notices.
  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection, with third parties providing the App and related services, including sharing information with our affiliates, subsidiaries, and parent companies.
  • Notify you when App updates are available, and of changes to any products or services we offer or provide though it.

The usage information we might collect helps us to improve this Website and our App and to deliver a better and more personalized experience by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our App according to your individual interests.
  • Speed up your searches.
  • Recognize you when you use this Website or our App.

We may use the information we collect to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

DISCLOSURE OF YOUR INFORMATION

We may disclose aggregated or deidentified information about our users. Information that is aggregated, or deidentified (and cannot be reidentified), does not identify any individual or device without restriction.

In addition, we may disclose personal information that we collect or you provide:

  • To our subsidiaries and affiliates and parent companies.
  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about our App users is among the assets transferred.
  • To third parties to market their products or services to you if you have consented to/not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. For more information, see Your Choices About Our Collection, Use, and Disclosure of Your Information.
  • To fulfill the purpose for which you provide it. For example, if you give us an email address to use the “email a friend” feature of our Website or App, we will transmit the contents of that email and your email address to the recipients.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce our rights arising from any contracts entered into between you and us, including the Website or App End User License Agreement/Terms of Service, and for billing and collection.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

VIDEO SURVEILLANCE AND FACIAL RECOGNITION TECHNOLOGIES

We review identification (drivers license, for example) upon entry into the Premises.

We use surveillance systems on the Premises to monitor all gaming areas and other public or sensitive areas of our properties. Video surveillance cameras may be used for safety, 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 customers’ and employees’ health and safety.

Surveillance camera output is monitored by our employees and contractors and may be viewed by law enforcement and regulatory authorities.

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 for security or regulatory compliance purposes. In addition, cameras and facial recognition technologies may also be used at our properties to enhance your customer experience and provide services to you.

CHANGES TO OUR PRIVACY NOTICE

We reserve the right to change the terms of this Notice. Any changes to this Notice will be placed here and will supersede this version of our Notice.

CONTACT INFORMATION

To ask questions or comment about this privacy notice and our privacy practices or register a complaint or concern, please contact us at: Compliance@hochunkinc.com or at 531-389-0818.

NEBRASKA RESIDENTS

Residents of Nebraska may have rights with respect to their personal information, pursuant to the Nebraska Data Privacy Act (Nebraska Revised Statutes § 87-110 et seq.), including the right to opt out, confirm processing is occurring and access such data being processed, and delete or make corrections to data.  To submit a request or for questions regarding this Notice, please contact us at Compliance@hochunkinc.com or at 531-389-0818.

Nevertheless, we are required by certain other law or regulation to maintain specific data for a certain length of time.  And further, we are required to comply with laws that require information collection, but which prevent us from: notifying individuals about the processing, or from providing any information regarding data to individual requestors.

  • This privacy policy (“Policy”) outlines the ways in which WarHorse Gaming, LLC. and its affiliate or subsidiary companies which post this Policy (referred to as “WarHorse”, “WarHorse Lincoln”, “WarHorse Omaha”, “we”, “our” or “us”)collect and use information from individuals who visit any of our Sites, social media pages or mobile applications (each a “Site” or collectively “Sites”), respond to our interactive advertisements (“Ads”), purchase goods and/or services from or engage in gaming activities at WarHorse Lincoln and/or WarHorse Omaha.
  • When you use a Site, enter into a transaction with or engage in gaming activities at WarHorse Lincoln or WarHorse Omaha, you may be required to provide certain personally identifiable information (“Personal Information”), some of which is required to be collected pursuant to federal and/or state law with respect to certain gaming transactions. Specifically, we may collect your Personal Information when you submit information to us through our websites, by email, text messages, mobile applications, through online forms and through other activities in which you engage on WarHorse websites and when you visit either WarHorse Lincoln or WarHorse Omaha.
  • Personal Information that we collect, in order to provide verification of your identity, may include your name, address, date of birth, social security number, driver’s license number, government-issued identification card number, passport number or naturalization number, telephone number, and email address.
  • If you engage in gaming activity at WarHorse Lincoln or WarHorse Omaha, we may also collect certain information about your gaming activity, including your WarHorse Rewards card number.
  • In addition, if you are making a purchase or engaging in gaming transactions, we may collect certain information about your transactions, purchases and reservations, including personal financial information concerning your credit or debit cards or financial account numbers to secure payment or complete transactions (“Payment Information”).
  • If you have downloaded one of our mobile applications and wish to benefit from all of the application’s features, such as receiving special offers for WarHorse properties close to your location, you must allow the application to collect, process, transmit, and use real-time geographical information about the location of your mobile phone (the “Local Information”). You may withdraw this consent at any time by disabling the location services settings on your mobile device. Disabling such services will not impact any of the application’s non-location-based features.
  • Our sites and ads each use cookie technology. A cookie is a small data file that is saved on your hard disk by your computer’s browser when you visit or interact with our Sites or Ads. Cookies are then recognized by your Internet browser to identify you and personalize your experience and gather web statistical data, such as which pages you visit, what material you download, your Internet provider’s domain name and country, and the addresses of websites you visited immediately before, and after, visiting a particular website. The cookies we utilize do not store any Personal Information and are used to generate statistics regarding usage of our Sites and to help serve relevant, targeted offers and Ads to you based on your browsing history.
  • Most browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Site.
  • We may use the information you provide to us for the specific purposes for which it was provided by you. We also may use the information you provide to us to: (1) communicate with you about special events, contests, sweepstakes, programs, offers, surveys and market research; (2) respond to your requests or inquiries; (3) send you promotional materials and other communications; (4) help you locate other professionals and distributors of our products; (5) personalize your visits to our site and provide you with product recommendations; (6) operate, evaluate and improve our business (including developing new products and services; managing, enhancing, improving and analyzing our products, services, business and site; managing our communications; and performing accounting, auditing and other internal functions); (7) protect against, identify and prevent fraud and other unlawful activity, claims and other liabilities; and (8) comply with and enforce applicable legal requirements, relevant industry standards, contractual obligations, and our policies.
  • For business and marketing purposes, we may also disclose and share information we collect with and among WarHorse Gaming, LLC, and its parent company, Ho-Chunk, Inc., subsidiaries, affiliates and any companies subsequently acquired or managed by Ho-Chunk, Inc., or its subsidiaries or affiliates.
  • Except as provided below, WarHorse Gaming, LLC will not sell, trade, or disclose to third parties any Personal Information obtained by us without your consent.
  • We will disclose your information, including Personal Information: (1) to comply with a court order, subpoena, warrant, or other legal process; (2) to comply with legal, regulatory, or administrative requirements of any governmental authorities; (3) to protect and defend Ho-Chunk, Inc., WarHorse Gaming, LLC, its subsidiaries and affiliates, and all of their officers, directors, employees, attorneys, agents, contractors, and partners in connection with any legal action, claim, or dispute; (4) to enforce the terms of use of our sites; (5) to prevent imminent physical harm; (6) to businesses that WarHorse Lincoln and WarHorse Omaha use for purposes of performing functions on behalf of either facility, including but not limited to companies that process credit card transactions; and (7) in connection with the sale, assignment, or transfer of company property or the company Sites.
  • This Privacy Policy applies solely to information collected by WarHorse Gaming, LLC. We may provide hyperlinks to other websites maintained by third parties for your convenience and use. This Privacy Policy does not apply to other websites maintained by third parties that are accessible through our sites, including but not limited to any third-party websites that process payments on our behalf. Please be aware that third-party websites that process payments for us and websites for our advertisers, sponsors, affiliated entities and other third parties that are accessible through this site may have their own privacy and data collection policies and practices. We are not responsible for the privacy practices of such sites and will not be responsible for any actions or policies of such third parties. We encourage you to learn about third parties’ privacy and security policies before providing them with Personal Information.
  • You can browse our sites or visit WarHorse properties without providing any Personal Information. However, providing Personal Information is required to use some of the services offered by us, including, but not limited to, making restaurant or hotel reservations, accessing information concerning your WarHorse Rewards account, making purchases, engaging in gaming activity and participating in promotions or responding to online surveys.
  • You may opt out of receiving promotional emails from us by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations. You may also send requests about your contact preferences and changes to your information including requests to opt-out of sharing your personal data with third parties by emailing info@warhorsegaming.com and include in the subject line “E-Mail Preferences.”
  • You may choose whether you provide your telephone number to receive text messages or advertising telephone calls from us or our agents that are made using an automatic telephone dialing system or an artificial or prerecorded voice. By providing your telephone number and express consent, you are choosing to receive such messages until you withdraw your consent. Your consent to receive text messages or pre-recorded calls using an automatic telephone dialing system is not required to make a purchase or use the service. You may revoke your consent at any time.
  • If you have provided us with your prior express written consent to receive communications via text messaging (which you understand may include the use of an automatic telephone dialing system (auto-dialer)), you may opt out from future text messages by texting STOP. Once you cancel, we will send one additional confirmation message stating that you’ve opted out.
  • We take reasonable organizational, technical and administrative steps to help protect Personal Data against loss, misuse, unauthorized access or disclosure. Unfortunately, no transmission or storage system can be guaranteed to be completely secure, and transmission of information via the internet is not completely secure. We also cannot protect financial or personal information that is not under our control.
  • Similar to other financial websites, apps and so on, please remember to keep all authentication credentials (e.g., password and username) secure.
  • We retain personal information for as long as is necessary for the processing purpose(s) for which the data was collected, and any other permissible, related purpose or where we are legally required to retain the personal information for a minimum period. When we no longer need the personal information we collect, we either anonymize the information or securely destroy the information.
  • Individuals under the age of twenty-one (21) are not permitted to loiter or gamble at any casino at a WarHorse property, website or mobile app. Any offers we make or any promotions we conduct, unless otherwise noted, are not open to persons younger than 21. Persons younger than this legal age are not allowed to accept gaming-related offers, or win promotions, and we do not knowingly collect information from such persons for gaming-related offers. We reserve the right to verify age at any time for any reason and may decline to provide products, services or access rights to anyone who does not have valid age identification.
  • Sites are for general audiences over the age of 21 and are not intended to collect any personal information from individuals under the age of 21. If you believe a child under the age of 13 has provided us with information, contact us at info@warhorsecasino.com and include in the subject line “Children’s Information.”
  • Access Rights. If you are a California resident, you have the right to request information from us regarding the manner in which we share certain categories of Personal Information with third parties for their direct marketing purposes, in addition to the rights set forth above. Under California law, you have the right to send us a request at the designated address listed below to receive the following information:
  • The categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year; the names and addresses of the third parties that received the information; and if the nature of the third party’s business cannot be determined from their name, examples of the products or services marketed.
  • This information may be provided in a standardized format that is not specific to you. Requests from California residents should be sent to and include in the subject line “California Privacy Rights.”
  • Do Not Track. Your browser and other mechanisms may permit you to send do-not-track signals or other similar signals to express your preferences regarding online tracking. However, because there is not yet a defined response to do-not-track requests, our sites do not respond to your browser’s do-not-track request. In addition, when a third-party partner, such as an advertising exchange serves one of our Ads to you, that advertising partner may collect data that relates to you. We cannot control third parties’ responses to do-not-track signals or other such mechanisms. For more information on Do Not Track, please visit www.allaboutdnt.com.
  • Please revisit this page periodically to stay aware of any changes to this Privacy Policy, which may be revised periodically at our sole discretion. If we modify the Privacy Policy, we will make it available on our sites and indicate the date of the latest revision. Your continued use of our services after the revised Privacy Policy has become effective indicates that you have read, understood and agreed to the current version of the Privacy Policy.
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