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Cherokee Nation Entertainment Privacy Policy

Last Updated: August 1, 2024

 

Table of Contents

1. Introduction

2. Personal Information Collected

3. Cookies and Similar Technologies

4. Use and Disclosure of Personal Information

5. Sweepstakes, Contests, and Other Promotions

6. Your Choices

7. Data Retention

8. Data Security

9. Links and Interactive Features

10. Changes to This Privacy Policy

 

1. Introduction

This Privacy Policy describes how Cherokee Nation Entertainment, LLC (“CNE”) or Cherokee Nation Businesses, LLC (“CNB”) (together, “us”, “we”, “our”) collects, uses, and discloses personal information through websites (“Websites”) and mobile apps (“Apps”) operated by CNE or CNB that link to this Privacy Policy (together, the “Online Services”), and offline means, such as in-person at our owned locations (with the Online Services, the “Services”).

This Privacy Policy does not apply to other online services that we control and maintain, but do not link to this Privacy Policy. We may also provide additional or supplemental privacy notices to you at the time we collect your personal information.

 

2. Personal Information Collected

We may obtain personal information from the following sources:

 

  • Directly From You. This includes when you sign up for email communications, register an account, enter promotions and sweepstakes, make a reservation or purchase, contact customer service, apply for a sponsorship, check in in-person to one of our casinos or hotels, or otherwise interact with us.
  • Through Cookies and Similar Technologies. The Online Services may have certain technology enabled, such as cookies, beacons, pixels, APIs, and SDKs (e.g., cookies), that help facilitate and personalize your visit to the Online Services. For more information, please see Section 3 entitled “Cookies and Similar Technologies”.
  • From Our Vendors. Vendors, including those that operate services to you on our behalf, may provide us your personal information in connection with the Services, such as payment processors, room booking and management vendors, online service hosting services, and customer support service providers. This includes vendors that provide data services such as data consortiums, data providers, or other services that allow us to improve our lead generation and customer relationship management.
  • Other External Sources. This includes our partners and affiliates (such as in connection with a co-marketing agreement), other individuals (such as when they refer you to sign up for our loyalty program), and social networks (such as when you interact with our official pages on a social network).

Personal information we collect may include, depending on your interactions with us:

 

  • Identifiers. This may include name, residential and mailing address, email address, account usernames, telephone number, and signature.
  • Demographic Information. This may include age, date of birth, nationality, and citizenship.
  • Commercial Information. This may include purchase history or tendencies.
  • Travel Information. This may include details such as arrival and departure information, flight number and details, and points of origin and destination.
  • Preference Information. This may include your food and beverage preferences, dietary information, and special requests, such as part of us providing customer and membership services.
  • Professional, Education, or Employment-Related Information. This may include your business contact information, employer name, and professional title.
  • Internet or Other Electronic Network Activity Information. This may include Internet Protocol (IP) addresses, device identifiers, mobile networks, browser types, operating system details, referring URLs, length of visits, traffic data, pages viewed, and information regarding your interactions with the Online Services.
  • Geolocation Data. This may include precise and approximate location, which may be based on your ZIP code, IP address, or device information, such as when you use location-based features on the Online Services.
  • Payment Information. This may include shipping and/or billing address, and other payment information to process the transaction when you make a purchase or reservation.
  • Credit Application Information. This may include Social Security number, financial information, lines of casino credit in your name, and credit payment history, such as if you apply for credit with us.
  • Officially-Issued Identifiers. This may include information related to your passport, driver’s license, or other government-issued ID, such as when you check in or when playing at the casino; and Certificate Degree of Indian Blood (CDIB), or tribal membership card or ID.
  • Audio, Electronic, Visual, or Similar Information. This may include audio recordings of customer care calls, and CCTV security photos and video footage.
  • Biometric Information. This may include identity-verifying or identity-recognition information, such as fingerprint, palm print, face, voice, or other physiological, biological or behavioral characteristics information, that is used to establish an individual’s identity, such as for security, safety, and business protection purposes, including in-person at our owned locations like casinos.

Certain features of the Apps may require access to certain information from your device. Depending on the App and your Apps permission or device settings, the Apps may have access to your device’s approximate or precise geolocation; camera to allow the Apps to take pictures and videos; and storage, including photos, media, and files. Refer to the App’s description on the app store from which you downloaded the App for more information.

 

3. Cookies and Similar Technologies

Depending on your device and browser settings, the Online Services may enable cookies and similar technologies (such as pixels, beacons, SDKs, and APIs) that collect information related to your visit, such as IP address, the types of device you are using, geolocation, all of the areas within Online Services that you visit, and what content you interact with (including clicks and mouse movements).

We use these technologies for various purposes, such as to:

 

  • Provide functionality to Online Services and features within the Online Services. For example, to retain user preferences and settings, support customer service features, enable video media players, allow you to interact with social network feature, and keep your online shopping cart up to date.
  • Improve the performance and efficiency of the Online Services, such as supporting the routing of traffic between servers to provide a faster and smoother online experience.
  • Conduct analytics to understand, measure, improve, and research features and content on Online Services, including how users navigate and interact with the Online Services.
  • Maintain data security and detect and prevent security risks and fraud, including by detecting unauthorized robot software.
  • Personalize your experience on Online Services and on external-party online services, including through cross-context and targeted advertising campaigns.

These technologies may allow us and external parties, such as our vendors, to collect personal information about your online activities over time and across different online services when you use the Online Services.

Our vendors include those that provide us services based on the information collected through these technologies.

For example, we may implement Google advertising features such as dynamic remarketing, interest-based advertising, audience targeting, behavioral reporting, demographics and interests reporting, user segment analysis, device reporting, display advertising, and impression reporting. For more information on Google Analytics and other Google products, visit policies.google.com/technologies/partner-sites.

We may use YouTube API Services, which may collect information about you, including your interactions with YouTube features on the CNE Online Services (such as video media players), IP address, device information, and other internet or other electronic network activity information. The YouTube API Services may deliver ads through the video media player or otherwise. For more information about the YouTube API Services, please refer to the Google Privacy Policy at google.com/policies/privacy.

Some of our vendors provide the ability to opt out of their technologies, including but not limited to:

 

Social networks may provide you settings related to their technologies that connect to your social network profile. For example, Meta may provide settings related to the Meta Pixel, Facebook Custom Audiences, personalized ads, or off-Facebook activity through Facebook or Instagram. Refer to the social networks you use for more information.

Certain vendors may participate in the Digital Advertising Alliance, which provides an opt-out program from its members for website browsers at youradchoices.com and mobile apps at aboutads.info/appchoices; or the Network Advertising Initiative, which provides an opt-out program from its members for website browsers at networkadvertising.org/choices and mobile apps at networkadvertising.org/mobile-choice.

You may be able to exercise certain choices related to these technologies through your browser or device settings. Additionally, our vendors, including those with social media services, may provide settings on their own platforms that allow you to make choices about their technologies. If you change settings in relation to these technologies, you may not be able to access or use portions of the Online Services, or certain offerings on the Online Services may not function as intended or as well. We are not responsible for the effectiveness of, or compliance with, external-parties’, browsers’, or devices’ opt-out options or the accuracy of their statements regarding these options.

 

4. Use and Disclosure of Personal Information

We use and disclose (such as to our affiliates and vendors) your personal information for various purposes, including as directed by you, such as for the following purposes:

 

  • Provide Services. To provide, maintain, and upgrade products and services, including those that you request.
  • Customer Service. To respond to your requests for technical support, product information, or any other communication you initiate, including requests and inquiries.
  • Research and Development. We may develop, create, or improve new products or services, including using personal information for internal purposes related to certain research, analytics, development, demonstration, innovation, testing, monitoring, and administrative purposes.
  • Marketing Messages. To deploy promotional messages, such as push notifications, emails, and texts, including to notify you of products and services we think may be of interest to you.
  • Advertising. We may personalize your experience on the Online Services and across the internet by conducting contextual or targeted advertising, including to recommend products and services you might like or find useful.
  • Partnerships. From time to time, we may enter into a special relationship with another company that is not owned by or affiliated with us to provide additional features to you. These special relationships may include business partners, sponsors, joint marketing partners, and co-branded services. Personal information we use to provide you these services may be disclosed to the relevant services partners. Separate privacy policies may apply to these services. For more information, refer to the information provided to you at the time of the collection of your personal information for these partnership services.
  • Security, Safety, and Integrity. We may use personal information for security purposes, such as for loss prevention, to protect against unauthorized disclosure of personal information, detection of security incidents, for the safety of you, us, and others, to maintain the integrity of our Services, and protecting against malicious, deceptive, fraudulent, or illegal activity.

We may also use or disclose personal information for legal compliance, to protect and defend our or third-party rights and property, to enforce our terms and agreements, as part of a business transaction (such as a merger, reorganization, acquisition, liquidation, or bankruptcy), for crime-prevention purposes, and to comply or assist with requests from law enforcement, government or regulatory bodies, lawful authorities, and court orders.

 

5. Sweepstakes, Contests, and Other Promotions

You may participate in our surveys, contests, sweepstakes, and other promotions. We may request information for your participation (such as your contact information, photos, personal opinions, preferences, and interests). Participation in these promotions is completely voluntary. Contact information may be used to notify winners and award prizes. Your personal information may be disclosed to third parties or the public in connection with the administration of a promotion, including in connection with winner selection, prize fulfillment, and as required by law or permitted by the promotion’s official rules, such as on a winner’s list. For more information, refer to the official rules of the promotion.  

 

6. Your Choices

If you have a registered account on the Online Services, you may be able to change your preferences as well as update your personal information through your account settings.

If you prefer to no longer receive marketing emails from us, you may opt out by clicking the “Unsubscribe” link at the bottom of the email. Note that opting out of marketing emails will not affect your ability to receive transactional emails, such as updates on your purchases.

 

7. Data Retention

We keep personal information for as long as is necessary for the purposes described in this Policy or for which the information was collected.

 

8. Data Security

We take reasonable measures to help protect personal information collected through the Services from loss, theft, misuse, and other unauthorized access, disclosure, alteration, or destruction. Nevertheless, transmission via the Internet is not completely secure and we cannot guarantee the security of your information collected through the Services.

 

9. Links and Interactive Features

When using the Online Services, you may come across links or interactive features related to third-party websites and services that we do not operate or control. This includes any online services operated by our vendors that provide us your personal information at your direction (such as through certain portals, webforms, or features provided by a vendor). For example, certain third-party interactive features may allow you to share Online Services content to your social media profile. We may also offer customer service features provided through a vendor where contents of your interactions with these features may be captured and kept as a transcript. By using these features, you understand that our vendors may process the information obtained through the feature, including to provide services on our behalf. If you provide your personal information to that third party through its websites or services, you will be subject to that third party’s privacy practices, policies, and terms of use. This Privacy Policy does not apply to any personal information that you provide to a third-party website or service.

 

10. Changes to this Privacy Policy

We may update this Privacy Policy from time to time as reflected by the “Last Updated” date at the top. If we make any material changes to the Privacy Policy, we will provide a notice about such material changes. By continuing to use the Services following such changes, you will be deemed to have agreed to such changes.

 

Gold Strike Website Terms of Use

These are the Gold Strike Website Terms of Use (“Terms of Use”) applicable to the Gold Strike Website. These Terms of Use are a legally binding contract between Gold Strike and any person who accesses or uses the Gold Strike Website.

Conditions for Use of the Gold Strike Website

The Gold Strike Website is offered to subject to your acceptance without modification of these Terms of Use. By accessing or using the Gold Strike Website, you agree to be bound by all of the Term of Use. If you do not agree to all of the Terms of Use without modification, then you may not access the Gold Strike Website.

Age Restrictions

The Gold Strike Website is intended for persons who are 18 or older. If you are under 18, or not of legal age to form a binding agreement, you may not access or use the Fold Strike Website. If you are under 21, you may not access or use portions of the Gold Strike Website that are intended for persons who are 21 or older.

Passwords and Security

Some areas of the Gold Strike Website may be restricted to registered users. When you register for access to restricted areas of the Gold Strike Website, you agree to submit accurate and complete information and to update such information as required from time to time. If we suspect that your information is untrue, inaccurate, out-of-date, or incomplete, we may suspend or terminate your access to the Gold Strike Website or request additional information from you. When registering for access to restricted areas of the Gold Strike Website, you may be asked to select a personal, non-transferable password. You may also be asked to provide information that we will use to confirm your identity in the event you submit a request for a lost or forgotten username or password. You are solely responsible for all activities that occur under your password-protected account and for ensuring the protection of your account information. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. Password-protected accounts may not be shared or used by more than one individual. You agree that we may send to you in electronic form any notices or other communications regarding this Gold Strike Website.

Copyright and other Intellectual Property

All content and other materials available at the Gold Strike Website, including without limitation trademarks, service marks, trade names, images, audio, text, software and the "look and feel" of the Gold Strike Website, (collectively, "Site Content") are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, republish, distribute, display, perform, transmit, sell, or otherwise use any Site Content without our express written permission. In this regard, users are prohibited from downloading, republication, retransmission, reproduction or other use of any image (and other similar content) as a stand-alone file.

Prohibited Conduct

You agree not to (a) upload, transmit, post, email, or otherwise make available to the Gold Strike Website any material in any format that (i) is false, inaccurate, misleading, fraudulent, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another's privacy, or libelous; (ii) infringes any third party's intellectual property or other proprietary right or rights of publicity or privacy; or (iii) contains viruses, worms, Trojan horses, time bombs, corrupted files, or any other software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of the Gold Strike Website or any computer software or hardware or equipment associated with the Gold Strike Website; (b) alter, remove, or falsify any attributions or other proprietary designations of origin or source of the Gold Strike Website; (c) impersonate any person or entity, including, but not limited to, our employees or officers, or falsely state or otherwise misrepresent your affiliation with any person or entity; (d) attempt, through any means, to gain unauthorized access to the Gold Strike Website or another person’s account or information on or through the Gold Strike Website; (e) use any robot, scraper, spider, or any other automatic device or manual process to monitor or copy the Gold Strike Website or any Site Content without our prior express written permission; (f) take any action that imposes an unreasonable or disproportionately large load on the Gold Strike Website; (g) take any action that creates liability for us or causes us to lose any of the services of our business partners, vendors or suppliers; or (h) take any action that would cause us to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

Promotional Information

We may from time to time make information available at the Gold Strike Website regarding certain programs, offers, or promotions ("Promotions"). All Promotions are subject to the specific terms, conditions, and restrictions disclosed in connection with such Promotions and are subject to being withdrawn or changed without prior notice. We are not responsible for any typographical or other errors or omissions regarding prices, availability, or other information in connection with Promotions.

Right to Cancel/Errors/Omissions/Inaccuracies

The Gold Strike Website may contain technical inaccuracies, typographical (or other) errors, or omissions in connection with information displayed on the Gold Strike Website including, without limitation, rates, fees, or availability applicable to your transaction. We are not responsible for any such inaccuracies, errors, or omissions. We shall have the right not to honor reservations or information affected by such inaccuracies, errors, or omissions. We reserve the right to make changes, corrections, cancellations and/or improvements to reservations or information affected by such errors on the Gold Strike Website (and to the products and programs described in such information), at any time without notice, including after confirmation of a reservation.

Disclaimer

YOU AGREE THAT USE OF THE GOLD STRIKE WEBSITE IS AT YOUR SOLE RISK. THE GOLD STRIKE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR AT OR THROUGH THE GOLD STRIKE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

WE MAKE NO WARRANTY THAT THE GOLD STRIKE WEBSITE WILL MEET YOUR REQUIREMENTS, BE ACCURATE, COMPLETE, CURRENT OR TIMELY, UNINTERRUPTED, SECURE, OR ERROR FREE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, COMPUTER NETWORK, OR DATA (INCLUDING LOSS OF DATA) THAT RESULTS FROM YOUR ACCESS OR USE OF THE GOLD STRIKE WEBSITE. WE DO NOT WARRANT THAT THE GOLD STRIKE WEBSITE IS FREE OF DEFECTS, VIRUSES, MALFUNCTIONS, OR HARMFUL COMPONENTS THAT COULD DAMAGE OR ALLOW UNAUTHORIZED ACCESS TO YOUR COMPUTER, COMPUTER NETWORK, OR DATA.

WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED AT OR THROUGH THE GOLD STRIKE WEBSITE.

WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE GOLD STRIKE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU ACCESS OR USE THE GOLD STRIKE WEBSITE FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION, EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.

Limitation of Liability

NEITHER WE NOR OUR SUBSIDIARIES OR OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS) SHALL BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM THE GOLD STRIKE WEBSITE OR THE USE, ATTEMPTED USE OR INABILITY TO USE THE GOLD STRIKE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST REVENUE, LOSS OF DATA, OR OTHER INTANGIBLES EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOU AGREE THAT OUR TOTAL LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU TO ACCESS THE GOLD STRIKE WEBSITE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages. Therefore, the exclusions set forth above may not apply to you.

Indemnification

You agree to indemnify, hold harmless, and release us, our subsidiaries, and our respective officers, directors, shareholders, employees, agents, representatives (and their respective successors and assigns) from and against any and all claims, damages, costs and expenses, including, but not limited to, reasonable attorney's fees, arising from or related to your access, use, attempted use, inability to use or misuse of the Gold Strike Website or noncompliance with this Agreement.

Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms of Use, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by individual arbitration in Tunica, Mississippi before a single neutral arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Any appeal shall be heard and decided by a panel of three neutral arbitrators. All arbitrators shall be agreed to by Gold Strike, apply the laws of the State of Mississippi without giving effect to any choice or conflict of law provision or rules that would cause the application of the laws of any jurisdiction other than the State of Mississippi. The award of the arbitrator(s) shall be binding and final on all parties. The arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator(s) determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration. Judgment on the award rendered may be entered in any court having jurisdiction. The arbitrators may not award any punitive, incidental, indirect, special, or consequential damages, including, but not limited to, damages for lost profits.

Any dispute resolution proceeding arising out of or relating to these Terms of Use, including arbitration, will be conducted only on an individual basis and not in a class or representative action on behalf of others. There is no right for any dispute here under to be brought or heard as a class arbitration, class action, or private attorney general action or for the consolidation of arbitrations. Notwithstanding any other provision in these Terms of Use, and without waiving any party’s right to appeal, if this waiver of class action is held invalid or unenforceable, then this entire arbitration clause (with the exception of this sentence) shall not apply.

Use of Cookies

The Gold Strike Website uses "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a webpage server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize Cherokee Casinos' website pages, or register with the Gold Strike website or services, a cookie helps Gold Strike to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the Gold Strike website, the information you previously provided can be retrieved, so you can easily use the features that you customized.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of Gold Strike services or Gold Strike website.

Miscellaneous

If any provision of these Terms of Use is found to be invalid or unenforceable, such provision shall be severed from the remainder of the Terms of Use, which shall remain in full force and effect. No waiver of any breach or default of the Terms of Use shall be deemed to be a waiver of any preceding or subsequent breach or default. You may be required to agree to additional terms and conditions to access particular sections or functions of the Gold Strike Website. We reserve the right, in our sole discretion and without consent or notice, to transfer, assign, sublicense or pledge the Gold Strike Website or these Terms of Use, in whole or in part, to any person or entity. You may not assign, sublicense or otherwise transfer in any manner any of your rights or obligations under the Terms of use.

Changes to the Gold Strike Website Privacy Policy and Terms of Use

Gold Strike will occasionally update this Privacy Policy statement to reflect company and customer feedback. Gold Strike encourages you to periodically review this statement to be informed of how Gold Strike is protecting your information. 

 

NRT NCC Terms & Conditions

For credit applications, the NRT NCC terms and conditions are located here