1. For the purposes of this Terms and Conditions, the terms “Company” and “Applicable Data Privacy Laws” shall each have the same meaning given to them in the Privacy Policy, and “Affiliate” means the club host who has access to this Admin Data Table.
2. The Affiliate shall fully comply with the Affiliate Marketing Program Terms and Conditions, and represents, warrants and agrees that:
a. it shall always obtain the express and valid consent of players (in accordance with the requirements of the Applicable Data Privacy Laws) to whom it sends direct marketing;
b. any direct marketing it sends out to players and the consents related to the same shall be independent of, and governed separately from, any marketing consents that the Company may have in respect of its own marketing;
c. all direct marketing sent to players shall include an opportunity for players to opt-out of all future direct marketing from the Affiliate;
d. it will not send any direct marketing to players (i) who have not given express consent to receive direct marketing; (ii) who have opted out from such marketing; (iii) where the Company has notified the Affiliate in writing that such players must not be contacted; and (iv) where the Affiliate knows or should have known such players have self-excluded; and
e. it shall at all times comply with the Applicable Data Privacy Laws including, without limitation, ensuring that players’ personal data: (i) is collected fairly, lawfully and transparently; (ii) is processed in accordance with a lawful condition (as set out in the Applicable Data Privacy Laws); and (iii) is protected from loss, theft, accidental destruction or unauthorised access by implementing appropriate technical and organisation measures in respect of such personal data.
3. The Affiliate shall notify the Company immediately in the event that it breaches (or suspects that it has breached) any of the warranties in this Terms and Conditions.
4. The Affiliate shall ensure that all processors acting on its behalf pursuant to this Terms and Conditions are bound by contractual terms no less onerous than the standards prescribed by the Applicable Data Privacy Laws.
5. The Affiliate shall notify the Company immediately in the event that (i) a player makes a complaint to the Affiliate, or (ii) any supervisory authority contacts the Affiliate, in respect of direct marketing or the Affiliate’s processing of any player’ personal data.
6. The Affiliate hereby indemnifies the Company against all costs, claims, fines, group actions, damages and expenses incurred by the Company due to any failure by the Affiliate, its employees, agents, subcontractors or processors, to comply with any of its (or their) obligations under this Terms and Conditions and/or the Applicable Data Privacy Laws.
7. The Affiliate acknowledges that its personal information (meaning any information about it from which it can be personally identified, such as its name, address, telephone number or email address) may be used by the Company for the following purposes:
a. to comply with relevant regulations regarding the Affiliate’s registration with the Company, including verifying the information which the Affiliate provides to it;
b. to monitor activities in order to detect fraudulent or otherwise unlawful, criminal or improper activities (including money laundering) and to investigate and/or prevent any such activities; to report any such activities to any relevant authorities and/or other online gambling and gaming operators or other online service providers;
c. to keep the Affiliate informed of future events, offers and promotions in relation to its account and to provide the Affiliate with important information about its account; and
d. for any other purpose which is necessary for the performance of the Company’s contractual obligations to the Affiliate, or for enforcing the Affiliate’s compliance with its contractual obligations to the Company.
8. The Affiliate further acknowledges that its personal information as set out in clause 7 above may be disclosed by the Company to relevant third parties for such purposes, including (without limitation) to:
a. identity and/or age verification agencies, and/or credit checking agencies; and
b. relevant authorities, other online gambling and gaming operators, other online service providers, banks, credit card companies, electronic payment providers or other financial institutions.
The Affiliate hereby agrees to cooperate fully with the Company in respect of any such investigations of activities which it or any such third party may carry out.