Privacy Policy

Effective: December 12, 2024

PokerGFX LLC ("we," "us," "our") works hard to build and maintain a relationship of trust with you. This Privacy Policy (the "Privacy Policy") describes how we collect, use and disclose your Personal Information and how to exercise any rights you might have with respect to this information. It governs information we collect through our website(s) including www.pokergfx.io, www.videopokertable.net, and www.livepokergfx.com (collectively, "Sites") and information we collect from you or third parties through any other means to provide our services or perform our other business activities (collectively, "Services").

Please read this Privacy Policy carefully before using our Sites and/or Services. By accessing or using our Sites and/or Services you agree to our use of your information consistent with this Privacy Policy. If you do not agree with this Privacy Policy, you must refrain from using our Sites and/or Services.

Information We Collect

Personal Information

We may collect information that personally identifies, relates to, describes, or is capable of being associated with you ("Personal Information"), including:

Personal identifiers and contact information such as name, mailing address, email address, phone number, and account login credentials;

Commercial information such as payment card or bank account information; and

Internet & network information such as browsing/search history, IP address, data collected by cookies and similar technologies, device specifications such as device IDs, specifications, and operating system.

The types of Personal Information we collect about you may vary based on how you use our Sites and/or Services and your relationship with us.

Usage Data and Site Activity

We automatically collect information in connection with the actions you take on our Sites ("Usage Data"). For example, each time you use our Sites, we may automatically collect the type of web browser you use, the type of device you use, your device ID, your operating system and version, your IP address, your internet service provider, the pages you view, referring and exit pages, the date and time of your visit, and the number of clicks to, from, and within our Sites, and the duration of your visits to our Sites. If the data we automatically collect is capable of being associated with you, directly or indirectly, we treat it as Personal Information. If this information is not capable of being individually associated with you, we treat it as anonymous Usage Data.

Communication Recordings

We may record calls and retain the content of written and electronic communications between you and us. By communicating with us, you consent to our recording and retention of communications.

How We Collect Information

Voluntary Disclosure

We may ask you to provide us with Personal Information when you communicate with us, including when you request information from us and when you make a payment. You are not required to provide us your Personal Information; however, if you choose not to provide the requested information, you may not be able to use some or all of the features of our Sites or Services or we may not be able to fulfill your requested interaction. By submitting your Personal Information to us, you consent to our collection, use, disclosure, and retention in accordance with this Privacy Policy.

Third-Party Data Sources

We may collect Personal Information from third-party data sources such as marketing agencies or partners and analytics firms.

Cookies

Cookies and Automated Tools

We use cookies (a small text file placed on your computer to identify your computer and browser) and other automated tools such as pixels to track your interaction with our Sites and to improve the experience of our Sites and Services, such as saving your preferences from visit to visit to present you with a customized version of the Website. We may use cookies or other automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including details of your visits to our Sites, communication data, resources that you access and use on the Sites, IP address, operating system, and browser type.

Many web browsers are initially set up to accept cookies. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, certain features of our Sites or Services may not work if you delete or disable cookies.

We use the following types of cookies and other automated tools:

Strictly Necessary: These tools are essential to operate the Sites or Services and provide you with services you have requested including to identify and repair errors in the Sites or Services.

Functional: These tools enable certain features or non-essential functionality on our Sites or Services. For example, we might use these tools to recognize you and remember your preferences or settings when you return to our Sites or Services.

Advertising: These tools allow us and third parties to learn more about you, including your use of our Sites, Services, and other websites, and advertise products or services that might interest you including our products and services.

Analytics: These tools help us and third parties understand how our Sites are working and who is visiting our Sites.

User activity information may be associated with additional information about a user's session and Personal Information, if provided by the user.

We and third parties also use tools that enable us to track certain aspects of a user's visit to our Sites. This technology helps us better manage content on our Sites by informing us what content is effective, how consumers engage with our Sites, and how consumers arrive at and/or depart from our Sites. The software typically uses two methods to track user activity: (1) "tracking pixels" and (2) "clear gifs." Tracking pixels are pieces of executable code that are embedded in a web page that tracks usage activity including which pages are viewed, when they are viewed, and how long the pages are viewed. Clear gifs are tiny graphics with unique identifiers which are embedded in web pages and email messages that track whether a user views a web page or email message. User activity information may be associated with additional information about a user's session and Personal Information, if provided by the user.

If you arrive at our Sites by "clicking through" from another website, then certain information about you that you provided to that other website, such as the terms you searched that led you to our Sites, may be transmitted to us and we may use it. You should review the privacy policy of any website from which you reached our Sites to determine what information the operator collects and how it uses such information. We may retain information about you provided to us by other websites and will use it in accordance with this Privacy Policy. Such information may be associated with other Usage Data or Personal Information.

The following is a list of the cookies that may be used and installed on your computer or device depending on your engagement with our Sites or Services:

Google Analytics

One tool we use is Google Analytics. For more information about Google Analytics, including how it collects and processes Personal Information and Usage Data, please review Google's Safeguarding Your Data disclosure.

Facebook Pixel

Our sites have integrated the Facebook pixel that allows us to better understand how effective our advertising campaigns are. If you are a European resident, we will obtain your consent before sending the Facebook pixel signals to Facebook. Any personal data obtained by Facebook as a result of the Facebook pixel will be subject to Facebook's privacy policy.

Information from Advertisements

If you arrive at our Sites via an advertisement (e.g., banner ad), we may collect information regarding the advertisement with which you interacted and your interactions (e.g., item clicked, date and time).

How We Use and Share Information

Generally

We may use Personal Information for business purposes, such as:

Fulfilling customer requests and support: to provide goods or services, keep customers informed about the status of their goods or services, respond to questions, and address customers concerns;

Marketing and market research: to send communications and offers for our or third parties' products and services, including offers based on consumers' interests, personal characteristics and location, perform analytics for market and consumer research, trend analysis, financial analysis, and anonymization of personal information;

Website use and analytics: to provide you with access to and use of our Sites and Services, analyze consumers' use of our websites, including the use of third-party web analytics services, which may utilize automated technologies to collect data;

Product research: to conduct research and analysis for maintaining, protecting, and developing services, increase and maintain the safety of our products and services, and prevent misuse;

Business operations: to evaluate, develop, and improve business operations, products and services offered, perform business administration and other normal business activities;

Security and safety: to prevent fraud, theft, or violations of our security or the security of third parties; and

Compliance: to comply with applicable legal requirements, industry standards, contractual obligations, our policies, and take actions that we deem necessary to preserve and enforce our rights and the rights of others.

We will use and disclose your Personal Information only for the purposes set out in this Privacy Policy and will obtain your consent for any other use not set out in this Privacy Policy unless otherwise permitted by law.

Service Providers

We may provide your Personal Information to other businesses ("Service Providers") to provide services to us or on our behalf. Categories of Service Providers we use include:

Fulfillment and account servicing vendors, which help us provide products, services and information to you and service your account;

Payment processors, which help us to accept and process the payments for our products/services to you;

Marketing and communications vendors, which help us market our products/services to you, show you advertisements, and conduct other outreach campaigns, including vendors providing email, telephone, and text message services;

Research and development vendors, which help us develop and improve our products and services;

Data and business analytics vendors, which help us collect, analyze, and improve the accuracy of our data (including Personal Information);

IT and network administration vendors, which provide services such as data storage and management, website hosting, and data security;

Professional service firms, which provide accounting, legal and other professional services; and

General service providers, which help us with day-to-day business operations such as office support services, courier services, facilities management, and document destruction.

Each Service Provider is expected to use reasonable security measures appropriate to the nature of the information involved to protect your Personal Information from unauthorized access, use, or disclosure.

Our Service Providers may not be located in your jurisdiction. If you wish to learn more about the Service Providers we use, please contact us at support@pokergfx.io.

California Shine the Light Disclosure – Your Privacy Rights

We do not sell Personal Information to third parties for their own direct marketing purposes.

Other Important Privacy Provisions

Security

We recognize the importance of safeguarding the confidentiality of Personal Information from loss, misuse, or alteration. Accordingly, we employ commercially reasonable administrative, technical, and physical safeguards to protect Personal Information from unauthorized access, disclosure, and use. Even with these safeguards, no data transmission over the Internet or other network can be guaranteed 100% secure. As a result, while we strive to protect information transmitted on or through our Sites or Services, you do so at your own risk.

Compliance with Laws and Law Enforcement

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose Personal Information and any other information about you to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate to respond to legal requests (including court orders, investigative demands and subpoenas), to protect the safety, property, or rights of ourselves, consumers, or any other third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with law.

Other Transfers

We may share Personal Information and Usage Data with businesses controlling, controlled by, or under common control with us. If we are merged, acquired or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Personal Information and Usage Data in connection with such transaction.

International Transfers

Personal Information will be processed in the United States.

European residents out of the European Economic Area (EEA): Whenever we transfer Personal Information we ensure that we have your consent or adequate safeguards are in place as required by the General Data Protection Regulation (GDPR) by either (i) transferring your Personal Information to countries that have been deemed to provide an adequate level of protection for Personal Information by the European Commission or (ii) using standard contractual clauses approved by the European Commission which give Personal Information a similar amount of protection as it has in Europe, including additional safeguards as needed. Please contact us if you want further information on the specific mechanism used by us when transferring your Personal Information out of the EEA.

Quebec residents: Your Personal Information may be disclosed outside Quebec. In such cases, we undertake to conduct a privacy impact assessment and to make the disclosure only if the Personal Information disclosed is adequately protected. In such cases, the disclosure of the Personal Information will be subject to a written agreement that considers the results of such assessment and any terms and conditions agreed to in order to mitigate the risks identified in such assessment.

By providing Personal Information to us, you consent to the transfer to and processing of your Personal Information in the United States.

Links and Other Websites

Our Sites may contain links to third party websites. Please be aware that if you access these links, you will be leaving our Site. We encourage users to read the privacy policies of those sites, as we are not responsible for their content, links, or privacy procedures.

Data Retention  

We will only retain your Personal Information for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements. We may retain your Personal Information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation or regulatory inquiry in respect to our relationship with you.

To determine the appropriate retention period for Personal Information, we consider the amount, nature and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting, or other requirements.

Updates

We may update this Privacy Policy in the future and will post any updates on our Sites. Updates are effective immediately upon posting. If you use our Sites or Services after the update, you agree to the updated Privacy Policy.

Children's Privacy

Our Sites and Services are not intended for children under the age of 18 and we do not knowingly collect Personal Information from children under the age of 18. If we become aware that we have inadvertently received Personal Information from a child under the age of 18, we will delete such information from our records.

California "Do Not Track" Disclosure

Do Not Track is a web browser privacy preference that causes the web browser to broadcast a signal to websites requesting that a user's activity not be tracked. Currently, our Sites and Services do not respond to "do not track" signals.

Notice to European Residents

This section applies only to individuals residing in the European Economic Area, Switzerland, or the United Kingdom.

Personal Information

Any reference to "Personal Information" in this Privacy Policy is equivalent to "Personal Information" governed by European data protection laws (collectively," EU Laws").

Controller

PokerGFX LLC is the controller of Personal Information covered by this Privacy Policy for purposes of EU Laws.

Lawful Basis for Processing

We use your Personal Information for business purposes as outlined below and only as permitted by law. Our processing of your Personal Information may require sharing it with third parties in order to accomplish the stated purpose.

"Legitimate Interest" means the interests of our business in conducting and managing our business to enable us to give you the best Sites and Services possible and protect our reasonable business concerns.

We consider and balance any potential impact on you (positive and negative) and your rights under EU Laws before we process Personal Information for our Legitimate Interest. We do not process Personal Information for our Legitimate Interests if we determine that our interests are overridden by the impact on your rights (unless we have consent, or the processing is otherwise permitted by law). If you are a European resident, please contact us if you would like more information about how we assess our Legitimate Interests.

If consent is our lawful basis for processing your Personal Information, we will obtain consent from you prior to processing your Personal Information for the purpose for which consent is required and you may revoke your consent at any time by contacting us using the contact information below.

Change of Purpose  

We may use your Personal Information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your Personal Information for an unrelated purpose, we will notify you and explain the applicable legal basis.

Special Categories of Personal Information

We ask that you not provide us with any special categories of Personal Information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership) on or through the Service, or otherwise to us.

If you provide any special categories of Personal Information to us when you use the Service, you must consent to our processing and use of such special categories of Personal Information in accordance with this Privacy Policy. If you do not consent to our processing and use of special categories of Personal Information, you must not submit such special categories of Personal Information through our Service.

Your Privacy Rights

Under certain circumstances, residents of the EU, Switzerland, UK, and Canada have rights in relation to your Personal Information, including the right to:

Request access to your Personal Information. This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it.

Request correction of the Personal Information 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.

Request deletion of your Personal Information. This enables you to ask us to delete or remove Personal Information when there is no legally valid reason for us to process it. You also have the right to ask us to delete or remove your Personal Information when you have successfully exercised your right to object to processing (see below), when we may have processed your information unlawfully, or when we are required to erase your Personal Information to comply with local law. However, please note that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your Personal Information when 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 infringes your fundamental rights and freedoms. You also have the right to object when we are processing your Personal Information for marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which overrides your rights and freedoms.

Request restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of your Personal Information in the following scenarios:

If you want us to establish the data's accuracy.

When our use of the data is unlawful, you do not want us to erase it.

When 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.

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 Information to you or to a third party. We will provide your Personal Information in a structured, commonly used, machine-readable format. Please note that this right only applies to Personal Information that you provided to us.

Withdraw consent at any time when we are relying on consent to process your Personal Information. 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 sites or services to you. We will advise you if this is the case at the time you withdraw your consent.

Exercising Rights

If you wish to exercise any of the rights set out above, please contact us via email at support@pokergfx.io or physical mail at 3993 Howard Hughes Pkwy., Suite 450, Las Vegas, NV 89169.

Generally, you will not have to pay a fee to exercise any of the rights described herein. However, if your request is clearly unfounded, repetitive, or excessive, we may charge a reasonable fee or refuse to comply with your request. We may need to request specific information from you to help us confirm your identity. This is a security measure to ensure that Personal Information 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. We try to respond to all legitimate requests within one month. Occasionally it could 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. If we decline your request, we will tell you why, subject to legal restrictions.

Complaints or Concerns

You have the right to make a complaint at any time to the supervisory authority for data protection issues in country in which you reside. We would, however, appreciate the chance to deal with your concerns before you approach the supervisory authority, so please contact us in the first instance.

Contact Us

Our Privacy Officer is responsible for overseeing what we do with your information and for monitoring compliance with this Privacy Policy and data protection laws. If you have any questions, concerns, or complaints about this Privacy Policy or the practices described herein, please contact us via email at support@pokergfx.io or physical mail at 3993 Howard Hughes Pkwy., Suite 450, Las Vegas, NV 89169.