Privacy Policy - Circus-casino.be

CONTENTS

1.         General information

2.         Processing of personal data not requiring Customers' consent

2.1.             Gambling Management S.A.’s legal obligations and processing required for use of the Website

2.2.             Other processing not requiring User consent

3.         Personal data processing subject to User consent

3.1.             Nature of the personal data processed

3.2.             Data processing

3.3.             Purposes of personal data processing

4.         Users’ rights

4.1.             Right of access

4.2.             Right to rectification

4.3.             Right to opposition

4.4.             Right to be forgotten

4.5.             Right to restriction

4.6.             Transfer of data to a data controller

4.7.             Terms and conditions

4.8.             Notification

5.         Personal data location, storage and retention period

6.         Responsibility of Gambling Management S.A. – Data processor

7.         Other provisions

7.1.             Personal Data Register and Information Security Manual

7.2.             Completeness – Amendments to the Privacy Policy

7.3.             Probative value

7.4.             Data protection authority

7.5.             Contact details – Information relating to the identity of the data controller and Data Protection Officer

1. General information

For the purposes and within the limits of the Privacy Policy, Gambling Management S.A. processes the personal data of the Website’s Users during all visits to and uses of the Website.

When processing said personal data, Gambling Management S.A. undertakes to comply with the laws and regulations in force, including, in particular, the Belgian Act of 30 July 2018 on the protection of privacy and European Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data (hereinafter the “Regulation”).

In this respect and in accordance with the Regulation, Gambling Management S.A.:

• is legally obliged to process the personal data of Users. This processing is outlined in Section 2.1 of the Privacy Policy;
• shall process personal data for the purposes of allowing Users to use the Website, as well as for the necessary and legitimate purposes outlined in Section 2.2 of the Privacy Policy;
• shall process the personal data described in Section 3, in accordance with the purposes defined therein, subject to the User’s prior, freely given and explicit consent.

By accessing and using the Website, Users are deemed to have read and accepted the Privacy Policy.

Furthermore, they represent that the data and information communicated to Gambling Management S.A. is correct.

2. Personal data processing that does not require User consent

2.1. Gambling Management S.A.’s legal obligations and processing required for use of the Website

In accordance with the statutory and regulatory obligations governing all online gaming operators and for the purposes of authenticating Users and granting them use of the Website, Gambling Management S.A. is legally required to process the following personal data for the purposes outlined below. This processing of personal data carried out by Gambling Management S.A. does not require User consent, in accordance with Article 6.1.b) and c) of the Regulation.

The personal data communicated by the User is saved on a register, as laid out in Section 7.1 below, which is controlled by Gambling Management S.A. and remains under its responsibility at all times.

Within the limits defined by the Regulation, the User shall also benefit from (certain) rights, as laid out in Section 4 below, which they can exercise in accordance with the provisions of Section 4.7.

a. What data is processed?

The following personal data is processed:

• first name(s) and surname, date of birth, language, sex, home/postal address, National Registration Number (or identity card or passport number), email address, home or mobile phone number;
• bank details used to conduct deposit transactions on the Website and withdraw winnings;
• copies of personal documents for User authentication, such as a photo of an identity card, bank card or statement, proof of deposit or any other document proving the User’s home/postal address;
• browsing and login history (browser data, IP address), particularly through the use of cookies;
• any other personal data exchanged between Gambling Management S.A. and the User, in particular by email or live chat, in connection with the User’s registration or use of the online gaming offer available on the Website.

b. What processing is carried out by Gambling Management S.A.?

Processing consists of collection, recording, storage, viewing, organization, use, reconciliation or any other necessary or useful action in accordance with the statutory and regulatory provisions referred to in Section 2.1.c) below. Processing may also involve the forwarding of personal data:

• to judiciary and administrative authorities, including the Gaming Commission and the Financial Intelligence Processing Unit (CTIF- CFI);
• to suppliers of Gambling Management S.A. whose services are inseparable from the use of the Website. A list of these suppliers may be obtained upon request by writing to one of the contact addresses provided in Section 7.5 below.

Gambling Management S.A. also reserves the right to share the data defined in article 2.1.a) with Circus Belgium S.A., in its capacity as an operator of the online sports betting website www.circus-sport.be, in order to fulfill the legal and contractual obligations referred to in article 2.1.c) and the consequences of the entry into force of the Law of 18 February 2024, amending the Law of 7 May 1999 on games of chance, betting, gaming establishments and the protection of players and the separation of licenses used for online casino and sports betting operations.

c. What are the purposes of this processing?

1) Gambling Management S.A. must process the personal data referred to in Sections 2.1.a) and b) in order to fulfill the legal and regulatory obligations incumbent upon it, including the following legal provisions in particular:

• the Belgian Act of 18 September 2017 on the prevention of money laundering and terrorist financing and on the restriction of the use of cash;
• the Belgian Act of 7 May 1999 on gambling and its implementing decrees, including the prevention of money laundering and terrorist financing, and responsible gaming.

2) Gambling Management S.A. also processes the personal data referred to in Section 2.1.a) for the purposes of authenticating Users in order to allow them to access and use the Website. This processing is carried out for the following purposes:

• management of User registrations and accounts;
• management of User deposits and winnings and, more generally, the provision of online gaming services;
• forwarding of information to Users regarding the services offered by Gambling Management S.A.;
• management of customer service, including customer support and the Risk & Fraud service.

2.2. Other processing not requiring User consent

Gambling Management S.A. also processes personal data for the legitimate purposes outlined below. This processing of personal data carried out by Gambling Management S.A. does not require User consent, in accordance with Article 6.1.f) of the Regulation.

The personal data communicated by the User is saved on a register, as laid out in Section 7.1 below, which is controlled by Gambling Management S.A. and remains under its responsibility at all times.

a. What data is processed?

The following personal data is processed:

• first name(s) and surname, date of birth, language, sex, home/postal address, email address, home or mobile phone number;
• browsing and login history (browser data, IP address), particularly through the use of cookies;
• any other information exchanged between Gambling Management S.A. and the User, in particular by email or live chat, in connection with the User’s registration or use of the online gaming offer available on the Website.

b. What processing is carried out by Gambling Management S.A.?

Processing consists of the collection, recording, storage, viewing, organization, use and reconciliation of the personal data outlined in Section 2.2.a). It also consists of forwarding this personal data to third parties, a list of whom may be obtained upon request by writing to one of the contact addresses provided in Section 7.5 below.

c. What are the legitimate purposes of this processing?

Gambling Management S.A. processes the personal data referred to in Section 2.2.a) for the following legitimate purposes:

• Promotion, advertising and marketing, including with regard to the new online gaming offer, in particular via SMS text messages, telephone calls, and printed and digital newsletters;
• The execution of satisfaction surveys, statistical studies, trend analyses and market studies for the purposes of improving the online gaming offer, informing or protecting Users and preventing gaming addiction.

3. Personal data processing subject to User consent

By using the Gambling Management S.A. Website for any purpose whatsoever, Users express their freely given, specific, informed and unequivocal consent to expressly authorize Gambling Management S.A. to process their personal data in accordance with the Regulation, within the limits and for the purposes defined below and without prejudice to the processing referred to in Section 2.

The personal data communicated by the User is saved on a register, as laid out in Section 7.1 below, which is controlled by Gambling Management S.A. and remains under its responsibility at all times.

Users also benefit from rights, including the right to withdraw their consent at any time, according to the terms and conditions defined in Section 4.7.

3.1. Nature of the personal data processed

Gambling Management S.A. processes the following data:

• first name(s) and surname, date of birth, language, sex, home/postal address, National Registration Number (or identity card or passport number), email address, home or mobile phone number;
• bank details used to conduct deposit transactions on the Website and withdraw winnings;
• copies of personal documents for User authentication, such as a photo of an identity card, bank card or statement, proof of deposit or any other document proving the User’s home/postal address;
• browsing and login history (browser data, IP address), particularly through the use of cookies;
• any other information exchanged between Gambling Management S.A. and the User, in particular by email or live chat, in connection with the User’s registration or use of the online gaming offer available on the Website.

The personal data communicated by the User is saved on a register, as laid out in Section 7.1 below, which is controlled by Gambling Management S.A. and remains under its responsibility at all times.

3.2. Data processing

Processing consists of the collection, recording, storage, viewing, organization, use and reconciliation of the personal data referred to in Section 3.1. It also consists of forwarding this personal data to the GAMBLING MANAGEMENT S.A. group's entities and their partners for the purposes outlined in Section 3.3.

3.3. Purposes of personal data processing

Personal data is collected and processed by Gambling Management S.A. for the following purposes:

• Promotion, advertising and marketing, including affiliation and loyalty program management, relating to the offer of online gaming services, including via SMS text messages, telephone calls, and printed and digital newsletters, that does not fall under Section 2.2.c), such as Gambling Management S.A.’s offline casino and gambling business, including any advertising and marketing within the limits provided for by law;
• Participation in competitions and promotional offers, including communications about winners;
• The development of new games;
• The execution of satisfaction surveys, statistical studies, trend analyses and market studies for the purposes of management, marketing and reporting, including profiling, that do not fall under the purposes set out in Section 2.2.c).

4. Users’ rights

Without prejudice to Sections 2 and 5 herein, Users may exercise a right of rectification, opposition and restriction, in accordance with the following terms and restrictions.

4.1. Right of access

a.         Gambling Management S.A. makes the following information available to Users:

• The identity and contact details of the data controller;
• The contact details of the Data Protection Officer (DPO);
• The personal data processed;
• The purposes of the personal data processing and the legal basis for such processing;
• The recipients or categories of recipients of the personal data, if applicable;
• Where applicable, the data controller’s intention to transfer the personal data to a country located outside the European Union and either (i) the existence (or absence) of an adequacy decision adopted by the European Commission or, (ii) in the absence of such a decision, the guarantees offered by the third country in question and the measures implemented to obtain a copy of the personal data;
• The possibility to oppose the automated processing of their data, such as profiling, unless valid reasons exist rendering said processing by Gambling Management S.A. necessary, as well as the possibility to oppose all processing of their personal data for direct marketing purposes.

b.         Users may request access to all the information mentioned in this section and in Section 3.1 at any time by writing to one of the contact addresses provided in Section 7.5 below. Gambling Management S.A. shall respond to such information requests within one month.

c.         Users have the right to obtain a copy of their personal data which is processed. Gambling Management S.A. reserves the right to demand payment for the potential costs incurred due to this request; these costs will be calculated on the basis of administrative costs incurred due to the request and will not exceed €20.

d.         Users shall have the right to be granted said access or obtain said copy of the personal data, in a structured format and in such a way that the personal data is provided in a format that complies with technical standards in force when the request for access is submitted; this format must allow the data to be machine-readable.

4.2. Right to rectification

Gambling Management S.A. guarantees Users the right and places them under an obligation to update and rectify any of their personal data that is incomplete or incorrect.

This right to rectification may be exercised by sending a request to one of the contact addresses provided in Section 7.5 below.

4.3. Right to opposition

Gambling Management S.A. hereby authorizes Users to oppose the processing of all or part of their personal data, for the following reasons:

• The data is inaccurate;
• The processing is no longer required for the purposes for which the data was collected;
• The User has withdrawn their consent;
• The data has been subject to illegal processing.

Gambling Management S.A. also authorizes Users to oppose:

• the automated processing of their data, such as profiling, unless valid reasons exist rendering said processing by Gambling Management S.A. necessary;
• any processing of their personal data for direct marketing purposes, including profiling, if it is linked to such direct marketing.

This right to opposition may be exercised by sending a request to one of the contact addresses provided in Section 7.5 below.

4.4. Right to be forgotten

Gambling Management S.A. also undertakes to respond as soon as possible to any request for the deletion of personal data (“right to be forgotten”), when:

• the processing is no longer required for the purposes for which the data was collected;
• the User has withdrawn their consent;
• the data has been subject to illegal processing, or must be deleted due to a legal obligation;
• the User opposes the automated processing of their data, such as through profiling, and there are no valid reasons rendering said processing by Gambling Management S.A. necessary;
• the User opposes the processing of their personal data for direct marketing purposes, including profiling, if it is linked to said direct marketing.

4.5. Right to restriction

Users shall also have the right to obtain from Gambling Management S.A. the restriction of the processing of their personal data, when:

• the User considers their personal data to be incorrect, for the time required for Gambling Management S.A. to verify the accuracy of the data in question;
• the processing is illegal but the User does not wish their data to be deleted, but requests a restriction of the processing of said data;
• the User opposes automated processing, including profiling or the processing of their personal data for direct marketing purposes, and it is necessary to verify the legitimacy of the reasons for which Gambling Management S.A. intends to carry out this processing;
• Gambling Management S.A. no longer requires the personal data that has been processed, but the data subject wishes said data to be stored with a view to the recognition, exercise or defense of their rights in court.

This right to restriction may be exercised by sending a request to one of the contact addresses provided in Section 7.5 below.

4.6. Transfer of data to a data controller

Users are authorized to transfer the personal data processed automatically by Gambling Management S.A. under Sections 2.2 and 3 to another data controller without Gambling Management S.A. being able to prevent said transfer.

Users are authorized to request from Gambling Management S.A. that the transfer be carried out directly by its data controller, insofar as such a transfer is technically possible.

4.7. Terms and conditions

The rights granted to Users by Gambling Management S.A. shall be exercised in accordance with the terms and conditions defined in Section 7.5 below.

4.8. Notification

Gambling Management S.A. shall send a notification to the User of any deletion or rectification of data carried out by it in accordance with Sections 4.2 and 4.4, unless such notification proves to be impossible or requires a disproportionate effort on the part of Gambling Management S.A..

This notification will be sent by email or by post, using the details communicated by the User.

5. Personal data location, storage and retention period

5.1.                Gambling Management S.A. uses appropriate and secure methods to store Users’ personal data in a format that ensures the identification and availability of the data.

The data is stored and hosted in Belgium by Data Center, which offers all the necessary and useful security guarantees in accordance with applicable technical standards.

5.2.                Users’ personal data is stored by Gambling Management S.A. for the purposes defined in Sections 2 and 3. The data is stored for a period of ten (10) years for all the purposes mentioned under Section 2.1.c); Gambling Management S.A. therefore reserves the right to retain Users’ personal data for all purposes required by law in view of its online gaming activity. Users therefore represent that they have been informed and accept that, in order to comply with its legal obligations, Gambling Management S.A. shall retain their personal data as referred to under Section 2.1.a) for a period of at least ten (10) years as from the player’s last activity on the Website.

The personal data shall be stored for a period not exceeding the period required to fulfill any and all of the purposes of processing defined in Sections 2.2 and 3. The data shall then be deleted from Gambling Management S.A.’s files at the User’s request, by writing to one of the contact addresses provided in Section 7.5 below.

5.3.                Some of the Users’ personal data may be transferred to service providers located outside of the European Economic Area. This concerns data for which:

• the European Commission has adopted an adequacy decision recognizing that the service providers in question offer an adequate level of protection for the data transferred to them by a European entity;
• Gambling Management S.A. has provided appropriate guarantees, mainly due to the use of standard contractual clauses (SCCs) drawn up by the European Commission.

The personal data is therefore transferred on one of these two bases.

6. Responsibility of Gambling Management S.A. – Data processor

6.1.            Gambling Management S.A. undertakes to process Users’ personal data lawfully, fairly and transparently with respect to the User concerned. All data processing performed by Gambling Management S.A. shall comply with the requirements of the Belgian law of 30 July 2018, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and this Privacy Policy.

Gambling Management S.A. implements all reasonable and appropriate methods to ensure the confidentiality, integrity and availability of the personal data it processes. These technical and organizational measures are set out in the Information Security Manual, which may be obtained by writing to one of the contact addresses provided in Section 7.5 below.

Technical measures mainly include the anonymization and encryption of personal data,

depending on the intended purpose.

Organizational measures mainly include the performance of internal audits, in addition to the audits that may be conducted on Gambling Management S.A. by the Gaming Commission, for example.

If necessary and with the help of the Data Protection Officer, Gambling Management S.A. shall carry out an impact analysis when the processing of data is liable to cause a heightened risk for Users.

6.2.            Users’ personal data will not be transferred to third parties other than Gambling Management S.A.’s providers and partners, except for the purposes set out in Sections 2.1, 2.2 and 3, i.e., if:

• the transfer is made compulsory by a law, regulation or injunction issued by an administrative or judicial authority;
• the transfer is required for the provision of the online gaming services or maintenance services;
• the User gives their consent for such transfer.

The partner will not be considered as a data processor unless such partner processes Users’ personal data on behalf of Gambling Management S.A.. Gambling Management S.A. accepts no liability regarding the processing of User’s personal data by a partner providing its own services in its own name and on its own behalf, or if Gambling Management S.A. can prove that it is in no way responsible for any damage caused.

Where Gambling Management S.A. is acting as the partner’s data processor, it is agreed that Gambling Management S.A. shall only be held liable for damage caused by the processing of personal data in breach of the Regulation or this Privacy Policy (i) if it has breached the obligations specifically incumbent on data processors pursuant to the Regulation, or (ii) if it has acted outside of or contrary to the partner’s lawful instructions. Similarly, Gambling Management S.A.’s liability i) cannot be incurred in any way whatsoever if it can prove that it is in no way responsible for the event that caused the damage and ii) remains subject to the limitation of liability provisions of Article 11 of the Website Terms of Use.

6.3.            Gambling Management S.A. shall ensure that, when processing is carried out by a data processor on behalf of Gambling Management S.A., said data processor shall provide sufficient guarantees as to the implementation of appropriate technical and organizational measures and, more generally, its compliance with the requirements of the Regulation. In particular, Gambling Management S.A. shall require the data processor to comply with the Regulation and, consequently, to keep a register.

6.4.            Gambling Management S.A. undertakes to notify the data protection authority referred to in Section 7.4 below as soon as possible in the event of a security issue that could affect the confidentiality of the data processed.

Gambling Management S.A. shall also inform the Users concerned, insofar as the violation of personal data presents a heightened risk for Users’ rights and freedoms. Such notification shall be sent by email or by post using the contact details provided by the User.

7. Other provisions

7.1. Personal data register

As the data controller for the processing of personal data, Gambling Management S.A. keeps a register of all its processing activities. This register contains all information relating to the type of data processed, data subjects, the potential recipients to whom the data is communicated (where applicable), the purposes for which the data is processed, the data retention period and a general description of the technical and organizational security measures implemented.

The personal data communicated by the User is recorded, along with the processing operations carried out and the purposes thereof, in a register that is controlled by Gambling Management S.A. and remains under its responsibility at all times. This register includes, in addition to the aforementioned information:

• a description of the purposes of the processing;
• a description of the categories of data subjects and personal data;
• the categories of recipients to whom the personal data has been or will be communicated, including any recipients in third countries or international organizations;
• the expected deadlines for the deletion of various categories of data;
• a general description of the organizational and technical measures implemented with regard to data confidentiality and security.

7.2. Completeness – Amendments to the Privacy Policy

This Privacy Policy contains all the contractual provisions enforceable against Users, without prejudice to the general provisions contained in the Website Terms of Use, of which they form an integral part. The Website Terms of Use therefore remain applicable for any matter not related to personal data protection.

Gambling Management S.A. also reserves the right to amend the Privacy Policy. All changes shall be enforceable against Users as soon as they are published on the Website. Gambling Management S.A. undertakes to mention the date of publication of the Privacy Policy in force on the Website.

7.3. Probative value

Users acknowledge that the electronic documents exchanged and electronic data collected in connection with their registration or use of the Website shall have the same probative value as if such documents and data had been communicated or collected via printed media. Users therefore agree not to contest the documents’ validity or probative value on grounds of their digital format.

7.4. Data protection authority

In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the Belgian Act of 8 December 1992, Users shall have the right to request extra information or make a complaint to the Belgian Data Protection Authority. The Data Protection Authority shall fulfil the role of supervisory authority. Its contact details are as follows:

Address: Rue de la Presse, 35, 1000 Brussels Telephone: +32 (0)2 274 48 00

Email: [email protected]

7.5. Contact details – Information relating to the identity of the data controller and Data Protection Officer

For any questions regarding the protection of Users’ personal data, Gambling Management S.A. may be contacted at the following addresses:

• By post: Rue des Guillemins 129, 4000 Liège, Belgium
• By email: [email protected]

The data controller for the Website is Gambling Management S.A., whose registered office is located at Rue des Guillemins 129, 4000 Liège, Belgium (CBE no. 0859.984.677).

Gambling Management S.A. has also appointed a Data Protection Officer within the meaning of Article 37 of the Regulation. The Data Protection Officer may be contacted by email at [email protected]. The Data Protection Officer is responsible for monitoring and ensuring the compliance of the personal data processing carried out by Gambling Management S.A..