General Privacy Notice

 
 

1.0 Introduction

This Privacy Notice is related to Lux Entertainment Limited having its registered address at 26, Ghar id-dud street, Sliema, SLM1573, Malta, Europe, (‘Company’, ‘we’, ‘us’, ‘our’). We are committed to safeguarding the privacy of our clients using our services (‘user’, or ‘you’, ‘your’). The Company has a separate Privacy Policy for the usage of its websites, namely, www.eskimocasino.com and www.turbocasino.com.

This Privacy Notice explains how we collect, use, disclose, and safeguard and treat your personal information when you are seeking to become a client, and/or you are a client of Lux Entertainment Limited, whether through an ongoing business relationship or an occasional transaction (collectively, ‘Services’).

By utilising, or receiving, our services, you agree with the terms of this Privacy Notice. By providing us with your personal information, you acknowledge to the Company processing your personal data/personal information in accordance with this Notice and the applicable EU laws and regulations.


2.0 What type of personal information will we hold on you and why?

We may collect, store and use the following kinds of personal information. The level of information we hold about you may depend on the value of bets you have placed with us in line with regulation.

a. Personal details as per our ‘Know Your Customer’ (KYC) forms whether physical or through a digital platform. Details will include your name, surname, address, identification details, date of birth, the service we are providing you, citizenship, nationality and similar information about you;
b. We will keep a copy of your identification document(s) such as ID card, driving license, residency card, passport or any other identification document available to fulfil our obligations under the 5th AML Directive, local regulations and/or the implementing procedures as published from time to time by the financial intelligence analysis unit (FIAU);
c. We will keep a copy of information or documentation to proof residency of your address such as bank statement, bank reference, utility bill, fix telephone line bill or similar documentation. This is to fulfil our obligations in line with the 5th AML Directive and/or Maltese laws and regulations;
d. We will keep a copy of name checks, google searches and passport checks on you. Such ‘name screening’ is performed to prevent fraud, money laundering, funding of terrorism, financial crime or any other type of crime, and to ensure you are not sanctioned. This is also in line with the 5th AML Directive and/or internal risk-based policy of the Company. Such screening services are performed when the relationship with the client or prospect has initiated and on an ongoing basis applying a risk-based approach;
e. We shall use your personal data to perform, in a manual or automated manner, a risk classification/profiling which would classify you as ‘low risk’, ‘medium risk’ or ‘high risk’ in order to fulfil our obligations under the 5th AML Directive and/or local AML regulations. Such classification will affect the level of ongoing monitoring we perform on you and/or the level of documentation we request. You may request further information on how such risk classification is performed by contacting the Data Protection Officer on letstalkprivacy@gmail.com;
f. We will keep a copy of your communication with us, such as emails and letters, in line with our legal obligations under the 5th AML Directive and/or other Maltese AML regulations; 
g. We may also process and hold information about your wealth, such as the value of your assets; details of bank accounts inheritance information; and similar related information to your global net worth. We shall use such information in line with our AML/CFT obligations; 
h. We shall process and hold certain declarations that we may ask you to provide in line with our legal obligations;
i. We may hold and process any other information or documentation we provide to you to complete, whether in physical or digital format, in line with our legal obligations and/or internal risk-based approach policy;
j. We may hold employment related data in order to establish your source of income. We may also ask for a copy of your employment contract as a supporting documentation on your source of wealth or funds, on a risk-sensitive basis.


3.0 When do we need your consent?

We shall need your consent in the following circumstances:

a. When sending you marketing material or promotions regarding our services, unless we can show that a legitimate interest can be used to send you such information;
b. When sharing your personal information outside the Company, unless we are required to do so by law such as providing information to police, court of law or a competent authority, or when such sharing of information is necessary to provide you a service. Please see section 5 for more details; and
c. When processing your personal information without having one of the other legal basis found in section 4 below.

Please note that you can withdraw your consent at any time, unless there is another legal basis that allows us to process your data as per the below section.


4.0 When can we process your personal data?

Apart from the ‘consent’ noted in section 3 above, we may also process your data if we have the following legal basis:

a. Contractual obligation or necessity;
b. Legal obligation;
c. Member-state law;
d. Vital interest of the data subject;
e. When processing the data is in the best interest of the public; and
f. Legitimate interest.

It is the nature of our business to process your data due to a contractual or legal obligation. When neither of these apply, it is likely that we will process your data based upon your consent. That said, Lux Entertainment Limited may process data according to regulations listed within the General Data Protection Regulation (“GDPR”).


5.0 How and when do we disclose your personal information to third parties?

We may disclose your personal information:

a. To the extent that we are required to do so by law;
b. In connection with any ongoing or prospective legal proceedings;
c. In order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
d. To any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information;
e. To any of our employees, officers, insurers, professional advisers, bankers, agents, suppliers, IT service providers or subcontractors insofar as reasonably necessary for the purposes set out in this notice;
f. To any member of our group of companies (this means our subsidiaries, our ultimate holding Company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this notice. If the Company is merged, acquired, or sold, or in the event of a transfer of some, or all, of our assets or equity, we may disclose or transfer Personal Information and usage data in connection with such transaction;
g. In all other circumstances where you would have given your consent.

We will not, without your express consent, supply your personal information to any third party for the purpose of their, or any other third party's direct marketing.

Personal information that you publish on our websites or submit for publication on our websites may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.


6.0 Where is your data stored and how is it protected?

Your data is stored on servers located at BMIT (third party provider: www.bmit.com.mt) and/or on cloud within the European Union. A copy of your data may also be saved on devices owned by the Company if this is necessary.

6.1 How is your personal data protected?

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of Personal Information and other information transmitted to us.
You acknowledge that the transmission of information over the internet is inherently insecure and while we strive to protect information transmitted on or through the Site or Services, we cannot, and do not, guarantee the security of any information you transmit on, or through, the Site or Services, and you do so at your own risk.

That said, when information reaches our Company, we shall take the necessary steps to protect such information. This is done by one or more of the below:

a. Ensuring the data is safeguarded by the use of firewalls, encryptions, access restrictions and/or passwords;
b. The Company shall ensure that proper backups are taken to prevent the data from being lost.


7.0 For how long shall we keep your data?

Personal data will be retained by Lux Entertainment Limited for as long as it is necessary for the purposes of processing such data. Thus, the Company will keep data for as long as it is obliged to by law, or need to keep a record of, a relationship with a client. However, such data retention shall never be longer than 10 years following the end of the business relationship or completion of the occasional transaction with the client.

7.1 How shall we destroy your data after the retention period is over?

We shall destroy your data in a safe and reliable manner.

In the case of data stored in digital format, such data shall be permanently deleted. This would include any backups held on servers and/or cloud.

Communication between the client and the Company shall be deleted or destroyed.

Should the Company be required to change one or more of its hard disks where data is, or was previously stored, the Company shall ensure that such hard disk is disposed of in a professional manner and in a way that data cannot be retrieved from it in the future.


8.0 What are your Rights?

a. You can obtain information regarding the processing of your personal information and access to the personal information which we hold about you by contacting our Data Protection Officer.
b. You may request that any personal information be rectified by sending an e-mail notification on letstalkprivacy@gmail.com.
c. You have the right to request that we erase your personal information if it is inaccurate or incomplete. There may be circumstances where you ask us to erase your personal information, but we are legally obliged, or have alternative legal basis to retain it.
d. You may object to, and request the processing of, your personal information in certain circumstances. There might be circumstances where you object to, or ask us to restrict, our processing of your personal information but we are legally entitled to refuse that request.
e. You may instruct us at any time not to process your personal information for marketing purposes.
f. You may withdraw your consent given under this privacy notice at any time by sending an e-mail notification. Our details are listed hereunder.
g. Your personal information may only be processed as long as we have a legal basis to process it.
h. You have a right to lodge a complaint to the supervisory authority of the jurisdiction in which the personal information is being provided.
i. You may request one printed copy of this Privacy Notice free of charge.


9.0 Where can you lodge a complaint if you have an issue related to Data Privacy?

We value our customers’ comments and we are committed to ensure that all our customers’ data is safeguarded and in line with regulation and our internal policies. Should you feel the need to complain about, or raise your objections, to how we are handling your personal data, then you may contact our Data Protection Officer using the following contact details:

9.1 Contacting the Data Protection Officer

Our Data Protection Officer (DPO) may be contacted by the following methods:

a. By post to:
John Caruana
26, Ghar id-dud street
Sliema, SLM1573
Malta

b. By sending an email on letstalkprivacy@gmail.com

For the best efficient response, we recommend that communication by email is utilised.

The Company will do its utmost to ensure that complaints are handled and settled internally in an efficient and professional manner.

9.2 Contacting the Maltese Data Commissioner

You may also contact the Office of the Data Commissioner as follows:
a. You may file a complaint with the Maltese Data Protection Commissioner through the following link:

https://idpc.org.mt/en/pages/contact/complaints.aspx

b. Alternatively, you may contact the office of the Maltese Data Commissioner by phone on +356 23287100 or by post using the below address:

The Commissioner
Mr Saviour Cachia
Level 2, Airways House
High Street
Sliema
SLM 1549
Malta


10.0 Can we modify this Privacy Notice?

From time to time, we may change this Privacy notice. If we change this Privacy notice, we will upload the updated privacy notice on our website, or by posting a notice on our homepage stating that a change has occurred. We shall write to you should there be a ‘material change’ in the Privacy notice which affects your rights.


This Privacy Notice is in conformity with applicable EU laws and regulations. The Company is liable only to the extent of the provisions set out under the applicable EU laws and regulations. Last updated in March 2020.