BETVICTOR LIMITED’S PRIVACY NOTICE
16th MAY 2019
Welcome to BetVictor Limited’s (BetVictor) Privacy Notice.
BetVictor respects your privacy and is committed to protecting your personal data. This Privacy Notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
This Privacy Notice is arranged into a number of areas and the glossary (at the end) sets out the meaning of some of the terms used throughout.
1. WHO ARE WE?
1.1 Purpose of this Privacy Notice
This Privacy Notice aims to give you information on how BetVictor collects and processes your personal data through your use of www.betvictor.com which is accessed via the desktop to use the product and includes
mobile web and the BetVictor iOS and Android applications (the Website), including any data you may provide through the Website when you open an account, use the products or partake in a competition on the Website.
This Website must not be used by anyone aged under eighteen (18) years old: Therefore, we do not knowingly collect data relating to children.
It is important that you read this Privacy Notice together with any other Privacy Notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that
you are fully aware of how and why we are using your data. This Privacy Notice supplements the other notices and is not intended to override them.
1.2 Data Controller
BetVictor is the data controller and responsible for your personal data and the Website when you use the products on the Website:
“Company” / “we” / “us” / “our”:
Company Name: BetVictor Limited
Registered In: Gibraltar
Registered Number: 42734
Registered Office: Suite 23, Portland House, Glacis Road, Gibraltar, GX11 1AA
Trading From: Suite 2:01, World Trade Center, Bayside Road, Gibraltar, GX11 1AA
Licenced in Gibraltar by: Government of Gibraltar (Licence Number 001 and 014 to undertake remove gambling (fixed odds betting) and remote gambling (online casino).
Licensed in the UK by: Gambling Commission of Great Britain (Licence Number 000-039576-R-319370-009 to (a) provide facilities for real event betting other than pool betting; (b) to manufacture, supply, install or adapt gambling software; and (c ) to operate a casino; and (d) to provide facilities for virtual event betting other than pool betting or betting on real events, to provide facilities for pool betting).
Regulated in the UK by: Gambling Commission of Great Britain.
Licensed in Ireland by: Revenue Commissioners (Licence Number 1010233 to act and carry on business as a remote bookmaker).
Data Protection Registration Number in Gibraltar: DP 011819
Particulars of registration can be found at http://www.gra.gi/data-protection/rights-register-search
We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this Privacy Notice. If you have any questions about this Privacy Notice, including any requests to exercise your legal rights please contact the DPO using the details set out below:
Name of organisation: BetVictor Limited
Title of DPO: Director of Business Process and Procurement
Email Address: firstname.lastname@example.org for the attention of the Data Protection Officer
Postal Address: Data Protection Officer, BetVictor Limited, Suite 2:01, World Trade Center, Bayside Road, Gibraltar, GX11 1AA.
You have the right to make a complaint at any time to the Gibraltar Regulatory Authority (GRA), the Gibraltar supervisory authority for data protection issues (www.gra.gi). We would, however, appreciate the chance to deal with your concerns before you approach the GRA so please contact us in the first instance.
1.4 Changes to the Privacy Notice and your duty to inform us of changes
This version was last updated on 30th APRIL 2019
The data protection law in Europe changed on 25 May 2018. This Privacy Notice sets out your rights under the new laws.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
1.5 Third-party links
The Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Website, we encourage you to read the Privacy Notice of every website you visit.
2. WHAT DATA DO WE COLLECT ABOUT YOU?
2.1 Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
2.2 We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
• first name;
• last name;
• username or similar identifier;
• date of birth; and
• residential address;
• email address; and
• telephone numbers.
• bank account;
• alternative payment methods; and
• payment card details.
Marketing and Communications Data
Includes your preferences in receiving marketing from:
• our third parties; and
• your communication preferences.
• products used by you;
• your interests;
• feedback; and
• survey responses
• details about payments to and from you; and
• other details of products you have used on the Website.
• internet protocol (IP) address;
• your login data;
• browser type and version;
• time zone setting and location;
• browser plug-in types and versions;
• operating system and platform; and other
• technology on the devices you use to access the Website.
Includes information about how you use the Website and its products.
2.3 We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific feature of the Website. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Notice.
2.4 Save for in respect of certain health data (collected for the logging and monitoring of self-exclusion requests) and data relating to criminal offences and convictions (which we occasionally maintain for the purpose of record keeping under regulatory obligations), we do not collect any Special Categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data, criminal convictions and offences), unless it is in the public domain.
2.5 If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of the contract we have with you to use the Website (as set out in the BetVictor Customer Terms and Conditions) and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you the products). In this case, we may have to cancel a product you use with us through the Website, but we will notify you if this is the case at the time.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
3.1 We use different methods to collect data from and about you including through:
3.1.1 Direct interactions
You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
• create an account on the Website;
• make a deposit or withdrawal on the Website;
• use the products on the Website;
• request marketing to be sent to you;
• enter a competition, promotion or survey; or
• give us some feedback.
3.1.2 Automated technologies or interactions
3.1.3 Third parties or publicly available sources
We may receive personal data about you from various third parties and public sources as set out below:
• Social media websites such as Facebook, Twitter, and LinkedIn;
• News websites such as BBC, SKY News and the national newspapers;
• Companies House (or similar company registers in other countries); and
• Professional body websites (such as the Law Society).
3.1.4 Technical Data
We may receive technical data from the following third parties:
• advertising networks such as Yahoo;
• search information providers such as Google & Bing;
• Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as World Pay and PayPal; and
• Identity and Contact Data from data brokers or aggregators such as GB Group PLC and GamStop.
4 HOW DO WE USE YOUR PERSONAL DATA?
4.1 We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
• Where we need to perform the contract, we are about to enter into or have entered into with you;
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and/or
• Where we need to comply with a legal or regulatory obligation:
o Types of lawful basis that we will rely on to process your personal data:
Requests for Information from Law Enforcement, Courts or our Regulators;
For the Detection and Prevention of Crime;
For the protection of the integrity of Professional Sports; and
For Compliance with Anti-Money Laundering Regulations.
o Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time as outlined in 4.6
• When contacting you we may record telephone calls, emails, direct messags and communications via the live chat, and retain data used for training and security purposes and as a means of confirming your identity (legitimate purpose).
4.2 Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us at email@example.com (marked for the attention of the Data Protection Officer) if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out below.
Purpose/Activity: To register you as a new customer
Type of Data: (a) Identity; and (b) Contact
Lawful Basis for Processing: Performance of a contract with you.
Purpose/Activity: To process your deposit of funds and store your provided credit/debit card details so that you can use the products on the Website including:
(a) Manage payments, fees and charges
(b) Make subsequent deposits and withdrawals using stored card holder data
(c) Collect and recover money owed to us
Type of Data: (a) Identity; (b) Contact; (c) Financial; (d) Transaction; and (e) Marketing and Communications
Lawful Basis for Processing:
(a) Performance of a contract with you; and
(b) Necessary for our legitimate interests (to recover debts due to us).
Purpose/Activity: To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or Privacy Notice
(b) Asking you to leave a review or take a survey
Type of Data: (a) Identity; (b) Contact; (c) Profile; and (d) Marketing and Communications
Lawful Basis for Processing: (a) Performance of a contract with you;
(b) Necessary to comply with a legal obligation; and/or
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
Purpose/Activity: To enable you to partake in a prize draw, competition or complete a survey
Type of Data: (a) Identity; (b) Contact; (c) Profile; (d) Usage; and (e) Marketing and Communications
Lawful Basis for Processing: (a) Performance of a contract with you; and/or
(b) Necessary for our legitimate interests (to study how customers use our products, to develop them and grow our business).
Purpose/Activity: To administer and protect our business and the Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
Type of Data: (a) Identity; (b) Contact; and (c) Technical
Lawful Basis for Processing: (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise); and/or
(b) Necessary to comply with a legal obligation.
Purpose/Activity: To deliver relevant Website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
Type of Data:(a) Identity; (b) Contact; (c) Profile; (d) Usage; (e) Marketing and Communications; and (f) Technical
Lawful Basis for Processing: Necessary for our legitimate interests (to study how customers use our products, to develop them, to grow our business and to inform our marketing strategy).
Purpose/Activity: To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
Type of Data: (a) Technical; and (b) Usage
Lawful Basis for Processing: Necessary for our legitimate interests (to define types of customers for our products and services, to keep our Website updated and relevant, to develop our business and to inform our marketing strategy).
Purpose/Activity: To make suggestions and recommendations to you about goods or services that may be of interest to you
Type of Data: (a) Identity, (b) Contact, (c) Technical, (d) Usage, and (e) Profile
Lawful Basis for Processing: Necessary for our legitimate interests (to develop our products and grow our business).
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising and you have full control to define what method of marketing communication (if any) you wish to receive from us at all times by contacting us at firstname.lastname@example.org
4.4 Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or used our services, or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.
4.5 Third-party marketing
We will get your express opt-in consent before we share your personal data with any company outside BetVictor for marketing purposes.
4.6 Opting out
You can ask us or third parties to stop sending you marketing messages at any time by either:
• logging into your account on the Website and checking or unchecking relevant boxes to adjust your marketing preferences;
• by following the unsubscribe links on any marketing message sent to you; or
• by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of use of a service on the Website.
4.8 Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at email@example.com marked for the attention of the Data Protection Officer.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5 WHO DO WE DISCLOSE YOUR PERSONAL DATA TO?
5.1 We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
5.1.1 Internal Third Parties as set out in the Glossary; and
5.1.2 External Third Parties as set out in the Glossary.
5.2 Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Notice.
5.3 We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6 DO WE TRANSFER PERSONAL DATA INTERNATIONALLY?
6.1 Some of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA. Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
6.1.1 We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
6.1.2 Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
6.1.3 Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
6.2 Please contact us at firstname.lastname@example.org, marked for the attention of the Data Protection Officer, if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
7 WHAT DATA SECURITY DO WE HAVE IN PLACE?
7.1 We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
7.2 We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8 WHAT DATA RETENTION POLICIES ARE IN PLACE?
8.1 We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
8.2 To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. By law we have to keep basic information about our customers after they cease being customers as follows:
Personal Data: 5 years, save for where a customer has self-excluded from the Website, in which case we are required to retain the personal data for seven (07) years from the end of the self-exclusion period, at which point the five (05) year retention period begins. In addition, we retain personal data for longer where required for a legal investigation or litigation.
Financial Data: 7 Years
8.3 In some circumstances, you may ask us to anonymise your personal data (so that it can no longer be associated with you). For further information about this right, please refer to Right to Erasure below.
9 WHAT ARE YOUR LEGAL RIGHTS AROUND PERSONAL DATA?
9.1 Under certain circumstances, you have rights under data protection laws in relation to your personal data as set out below.
9.2 Right of Access
Under Article 12 and 15 and Recital 63 of the General Data Protection Regulations (GDPR), you have the right to request a copy of the Personal Data that we hold about you.
- Identity Data
- Contact Data
- Profile Data
- Financial Data
- Transaction Data
- Marketing and Communications Data
- Technical Data
This request is free and we will respond to your request within one (01) month, unless the request is particularly complicated, but we will tell you.
In order to help us fulfil your request, you can send an email to email@example.com (marked for the attention of the Data Protection Officer), make a request via live chat, or send a written request to Data Protection Officer, 2.01 World Trade Center, Bayside Road, Gibraltar, GX11 1AA.
9.3 Right of Accuracy
Under Article 16 of the GDPR, you have the right to update (or request that we update) any of the Personal Data that we hold about you if it has changed.
The easiest way to do this is to log into your account on the Website and go to “My Account” and then “Settings”.
If you can’t update some information because it is greyed out or not there, you will need to contact us by emailing firstname.lastname@example.org from the email address registered on your account. We will then update your personal details and notify you when that has been completed.
9.4 Right of Erasure
Under Article 17 and Recitals 65 and 66 of the GDPR, you have the right to request that any Personal Data that we hold about you is erased once it is no longer required for the purposes for which it was collected.
As standard we anonymise some Personal Data after five (05) years from your last transaction, unless we have to keep it to fulfil our legal requirements (Data Retention Period).
If you think we have your Personal Data and the 5-year Data Retention Period has passed, please contact us by emailing email@example.com, marked for the attention of the Data Protection Officer and we will look into it for you.
9.5 Right to Data Portability
Under Article 21 and Recitals 68, 69 and 70 of the GDPR, you have the right to request that we transfer a copy of your Personal Data to another company.
This would most often be used in industries like insurance or utilities when you are switching providers, and at this time, is not an option for the online gaming industry. However, it is a longer-term objective for us and our privacy notice will be updated and amended accordingly as and when an agreed model can be implemented.
Note that the portability right does not extend to personal data which is inferred or derived by the data controller (for example, the results of an algorithmic analysis of an individual’s behaviour).
9.6 Right to Withdraw Consent
Under Article 7 of the GDPR, you have the right to withdraw your consent of the processing of your Personal Data on your account for marketing purposes.
At any time, you can amend your marketing preferences by:
• Going to “My Account” and then “Settings”
• Clicking “unsubscribe” at the bottom of any marketing emails
• Contacting us by emailing help@BetVictor.com, or going onto Live Chat; or
• Putting your request in writing and sending it to: Opt Out Requests, Betvictor, Suite 2.01, World Trade Center, Bayside Road, Gibraltar, GX11 1AA
9.7 Right to Object to Processing
Under Article 21 and Recitals 69 and 70 of the GDPR, if a fully automated decision is made on your account, you have the right to request that this decision is reviewed by a person and present any evidence that you believe may make your situation unique.
You can request a review of such a decision made on your account by emailing firstname.lastname@example.org
9.8 Right to request the restriction of processing
Under Article 18 of the GDPR, you have the right to request that we stop processing your data in the following scenarios:
• if you want us to establish the data's accuracy;
• where our use of the data is unlawful but you do not want us to erase it;
• where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
• you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it;
You can make this request by emailing email@example.com, marked for the attention of the Data Protection Officer.
9.9 Further information
If you would like any further information about the rights set out above, please contact us firstname.lastname@example.org, marked for the attention of the Data Protection Officer.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
9.11 What we will need from you
We will request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
9.12 Time limit to respond
Save as specifically noted above, we try to respond to all legitimate requests within one (01) month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
10 GLOSSARY OF TERMS USED IN THIS PRIVACY NOTICE
Means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at email@example.com marked for the attention of the Data Protection Officer;
Comply with a legal or regulatory obligation
Means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to; and
Performance of Contract
Means processing your personal data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
External Third Parties
• Service providers acting as processors for our Customer Services, Human Resources and Compliance teams
• Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based who provide consultancy, banking, legal, insurance and accounting services.
• Government revenue and tax departments, regulators and other authorities acting as processors or joint controllers based in the United Kingdom, Ireland and Gibraltar who require reporting of processing activities in certain circumstances.
Internal Third Parties
Other companies in the BetVictor group of companies acting as joint controllers or processors and who are based in the United Kingdom, Hungary and Gibraltar and provide IT and system administration services, Customer Marketing and Profiling services and undertake leadership reporting.
YOUR LEGAL RIGHTS
Object to processing
Of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms;
To your personal data (commonly known as a data subject access request). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it;
Of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us; and
Of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons;
Request restriction of processing
Of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
(a) if you want us to establish the data's accuracy;
(b) where our use of the data is unlawful but you do not want us to erase it;
(c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
(d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it;
Request the transfer
Of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you; and
Withdraw consent at any time
Where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.