Last updated: May 24th 2018, Version 1.1.
Performing Media Limited respects your privacy and is committed to protecting your personal data and processing it in compliance with applicable laws – notably:
- The Maltese Data Protection Act (Chapter 586 of the Laws of Malta) as well as the various subsidiary legislation issued under the same – the ‘DPA’;
- The new Data Protection Act of 28th May 2018 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) – the ‘GDPR’.
Although our goal is to always be as clear and transparent as possible, we appreciate that legal documents can sometimes be difficult to read. Please do not hold back from contacting us for any clarification You made need. For example, if you need clarification on a specific legal basis we are relying on to process your personal data for a specific processing operation, we would be happy to provide you with any such information you may need. You can find our contact details below.
1. Important information and who we are
- Contact details
2. The data we collect about you
- Personal Data
- Data obtained from you
- Special categories of Personal Data
- If you fail to provide data
3. Why and how we use your Personal Data
- General purposes
- Detailed purposes and legal basis
- Criteria used to determine retention period
5. Recipients of your Personal Data
- Authorised disclosures
6. International Transfers
7. Data Security
8. Your rights under Data Protection Laws
- Right of access
- Right to rectification
- Right to erasure (right to be forgotten)
- Right to data restriction
- Right to data portability
- Right to object certain processing
- Right to lodge a complaint
- What we may need from you
- Time limit to response
1. Important information and who we are
This website is not intended for children and we do not knowingly collect data relating to children.
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 rights please contact us or the DPO using the details set out below.
1.3. Contact Details
Our full details are:
Postal address: CasinoGrounds, Level 7, The Plaza Business Centre, Bisazza Street, Sliema SLM 1640, Malta
1.4. Changes to the Privacry Notice and your duty to inform us of changes
2. The Data we collect about you
2.1. Personal Data:
Means any information that identifies you as an individual or that relates to an identifiable individual.
Whenever it is not possible or feasible for us to make use of anonymous and/or anonymized data (in a manner that does not identify any users of the site or customers of our services), we are nevertheless committed to protecting your privacy and the security of your Personal Data at all times.
2.2. Data obtained from you:
We collect from You, through interaction with You or through Your interaction with Us or our Services different kinds of personal data about you which we have grouped together follows:
- Registration Data provided by you when you register on the website including display name (chosen by you).
- Contact Data includes your email address and residential address.
- Log in Data includes internet protocol (IP) address, your logins, browser and operating system on the devices you use to access our services.
- Analytics data include various data provided by you or observed with respect to your use of our website and services such as your browser data, referring site URLs, time or usage information, website preferences and settings. Certain information is collected using cookies and/or similar tracking technology – please see further section "Cookies".
- If you are using Google+ login on our forum – https://forum.casinogrounds.com/ please be advised that by signing up or signing in with Google+ account, the information you will provide us with is:
- Your age range
- Google e-mail address
By accepting the Google consent screen on signing up to the forum, you agree to provide us with the information mentioned. The information will only be used for login and analytical purposes.
2.3. Special categories of Personal Data
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). Nor do we collect any information about criminal convictions and offences. However, we may not exclude that you send us such data in communication with us.
2.4. If You fail to provide Personal Data
Where we need to collect personal data by law, or under the terms of a contract we have with you 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 with our services).
Please make sure that your username does not contain any personally identifiable information, as the username may be shared with certain partners and in the course of the sharing of the username, this is not, separately, considered personal data.
3. Why and how we use your Personal Data
3.1. General Purposes
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:
- To allow you access and use of the website
- For identification and verification proposes
- For purposes that constitute a legitimate interest of Performing Media regarding direct marketing of its own similar goods and services via electronic mail as provided below; and
- For purposes that constitute a legitimate interest of Performing Media regarding direct marketing via live telephone calls or postal mail as provided below
- For analytics purposes
3.2. Detailed purposes and legal basis
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 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 in the table below.
|To register you as a new user of the website||Registration Data||Legitimate Interest (to offer you access to certain content and functionality on our website, such as posting comments on our forum)|
|To enable you to make use of the forum and other functionality of our website||Registration Data||Legitimate Interest (to offer you access to certain content and functions on our website, such as posting on our forum)|
|Commercial business analyses for the creation of standard, periodical as well as ad hoc reports. Log In Data, Analytics Data (data is pseudonymised) Legitimate interest (to develop our products/services and grow our business)||Log In Data, Analytics Data (data is pseudonymised)||Legitimate interest (to develop our products/services and grow our business)|
|Web Analytics||Log In Data, Analytics Data (data is pseudonymised)||Legitimate interest (to develop our products/services and grow our business)|
|To enable you to participate in promotions or offers through our website, and to contact you if you have won a prize and to deliver any such prize to you.||Registration Data, Contact Data||Legitimate Interest (to organise prize draws and giveaways in order to promote our website)|
|To eliminate spam from our forum.||Registration Data, Contact Data, Login data||Legitimate Interest (to improve our website)|
Criteria used to determine retention period: We will only retain your personal data for as long as necessary to fullfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
The criteria we use to determine what is ‘necessary’ depends on the nature of the particular personal data in question. Our normal practice is to determine whether there is/are any specific EU and/or national law(s) (for example license requirement, tax or corporate laws) permitting or even obliging us to keep certain personal data for a certain period of time (in which case we will keep the personal data for the maximum period indicated by any such law) and if not, whether there are any laws and/or contractual provisions that may be invoked against us by you and/or third parties and if so, what the prescriptive periods for such actions are. In the latter case, we will keep any relevant personal data that we may need to defend ourselves against any claim(s), challenge(s) or other such action(s) by you and/or third parties.
5. Recipients of your Personal Data
5.1. As Performing Media’s business partners, suppliers or service providers are responsible for certain parts of the overall functioning or operation of the Website, Personal Data are processed also by them for the above mentioned purposes on behalf of Performing Media.
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, after thorough vetting of these partners and on the basis of strict data processing agreements.
5.2. Details on the categories of the processors of the personal data
- Technical suppliers to support functioning of the website and our technical systems (both front and back end)
- Cloud services providers for provision of cloud based services such as storage or certain software
- Service providers for the purpose of data analytics
- Professional advisers [acting as processors or joint controllers] including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
5.3. Authorised disclosure:
If ou are suspected to have breached our Terms and Conditions or any applicable laws (for example when we suspect that a crime may have been committed), or for the purpose of preventing, detecting or surpassing fraud Performing Media has a right to:
- Forward your Personal Data to the government authorities;
- Share your Personal Data with relevant law enforcement and/or crime investigation bodies and assist the same with any type of investigation into your actions.
- Use your Personal Data for the purpose of response to any court subpoena or order or similar official request for Personal Data
6. International Transfers
Certain of our suppliers and partners (as listed above) may be 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:
- Transfer your personal data is performed to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see here
- 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 here
- 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 here
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
7. Data Security
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.
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. Your rights under the Data Protection Laws
8.1 Your Right of Access
You may, at any time, with reasonable intervals, request us to confirm whether or not we are processing personal data that concerns you and, if we are, you shall have the right to access that personal data and to the following information:
- What personal data we have,
- Why we process them,
- Who we disclose them to,
- How long we intend on keeping them for (where possible),
- Whether we transfer them abroad and the safeguards we take to protect them,
- What your rights are,
- How you can make a complaint,
- Where we got your personal data from and
- Whether we have carried out any automated decision-making (including profiling) as well as related information.
Upon request, we shall (without adversely affecting the rights and freedoms of others including Our own) provide you with a copy of the personal data undergoing processing within one month of receipt of the request, which period may be extended by two months where necessary, taking into account the complexity and number of the requests. We shall inform you of any such extension within one month of receipt of the request, together with the reasons for the delay.
8.2. The Right to Rectification
Although all reasonable efforts will be made to keep your Personal Data updated, you are kindly requested to inform us promptly. With respect to your residential address and phone number, you can notify us of the change by amending your profile of any changes to your Personal Data. If the change pertains to data that cannot be amended by changing your profile, please contact us. To this end you have the right to ask Us to rectify inaccurate personal data and to complete incomplete personal data concerning you. We may seek to verify the accuracy of the data before rectifying it.
8.3. The Right to Erasure (The Right to be Forgotten)
You have the right to ask us to delete your personal data and we shall comply without undue delay but only where:
- The personal data are no longer necessary for the purposes for which they were collected; or
- You have withdrawn your consent (in those instances where we process on the basis of your consent) and we have no other legal ground to process your personal data; or
- You shall have successfully exercised your right to object (as explained below); or
- Your personal data shall have been processed unlawfully; or
- There exists a legal obligation to which we are subject; or
- Special circumstances exist in connection with certain children’s rights.
In any case, we shall not be legally bound to comply with your erasure request if the processing of your personal data is necessary:
- For compliance with a legal obligation to which we are subject (including but not limited to our data retention obligations); or
- For the establishment, exercise or defence of legal claims.
There are other legal grounds entitling us to refuse erasure requests although the two instances above are the most likely grounds that may be invoked by us to deny such requests. You may request the erasure by contacting us.
8.4 The Right to Data Restriction
You have the right to ask us to restrict (that is, store but not further process) your personal data but only where:
- The accuracy of your personal data is contested (see the right to data rectification above), for a period enabling us to verify the accuracy of the personal data; or
- The processing is unlawful, and you oppose the erasure of your personal data; or
- We no longer need the personal data for the purposes for which they were collected but you need the personal data for the establishment, exercise or defence of legal claims; or
- You exercised your right to object and verification of our legitimate grounds to override your objection is pending.
Following your request for restriction, except for storing your personal data, we may only process your personal data:
- Where we have your consent; or
- For the establishment, exercise or defence of legal claims; or
- For the protection of the rights of another natural or legal person; or
- For reasons of important public interest.
You may request the restriction by contacting us.
8.5. The Right to Data Portability
You have the right to ask us to provide your personal data (that you shall have provided to us) to you in a structured, commonly used, machine-readable format, or (where technically feasible) to have it 'ported' directly to another data controller, provided this does not adversely affect the rights and freedoms of others. This right shall only apply where:
- The processing is based on your consent or on the performance of a contract with you; and
- The processing is carried out by automated means.
To a great extent, you may enact this right by activating “download my data” function. For any request over and above the data such provided, please contact us.
If you are a customer of other gaming operator and would like to have your data “ported” to us, please contact us. In this respect please note, that notwithstanding any portability right utilisation, you will still be expected to provide all Registration and Contact Data due to the requirements of our customer registration / sign up procedure requirements.
8.6. The Right to Object to Certain Processing
In those cases where we only process your personal data when this is 1.) necessary for the performance of a task carried out in the public interest right or in the exercise of official authority vested in us or 2.) when processing is necessary for the purposes of the legitimate interests pursued by us or by a third party (as indicated in the Table in the clause 3.2 above, You shall have the right to object to processing of your personal data by us.
When your data is processed for direct marketing purposes, You have the right to object at any time to the processing of your personal data, which includes profiling to the extent that it is related to such direct marketing.
For the avoidance of all doubt, when we process your personal data when this is necessary for the performance of a contract, when necessary for compliance with a legal obligation to which we are subject or when processing is necessary to protect your vital interests or those of another natural person, this general right to object shall not subsist.
With respect to direct marketing and related profiling, You may object such processing by contacting us by selecting your preferences on your account Profile – Settings page.
8.7. The Right to lodge a Complaint
You also have the right to lodge complaints with the appropriate Data Protection Supervisory Authority. The competent authority in Malta is the Office of the Information and Data Protection Commissioner (OIDPC). We kindly ask that you please attempt to resolve any issues you may have with us first (even though, as stated above, you have a right to contact the competent authority at any time).
8.8. What we may need from you
When exercising your rights by contacting us, we may need to 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.
8.9. Time limit to respond
We try to respond to all legitimate requests within one 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.