PRIVACY POLICY

Overview

Downs Racing L.P. (“Mohegan,” “we,” “us,” and “our”) respects your privacy and is committed to protecting it through compliance with this Privacy Notice (“Privacy Notice”). This Privacy Notice describes the types of Information we may collect from you when you visit our resort and/or the website at moheganpa.com (the “Site”), and that you may provide in your communications with us. It also describes our practices for collecting, using, maintaining, protecting, and disclosing that Information. This Privacy Notice does not apply to Information collected by us offline, through any other means or by any third party.

Please read this Privacy Notice carefully to understand our policies and practices regarding your information and how we will handle it. If you do not agree with our policies and practices, do not use the Site. By accessing or using the Site, you agree to this Privacy Notice.

Mohegan may change this Privacy Notice at any time, at its discretion. Your continued use of the Site after we make changes is deemed to be acceptance of those changes, so please check the Privacy Notice periodically for updates. Material changes will be communicated to our active credit or gaming customers.

The Privacy Notice is subject to and governed by Mohegan’s Terms of Use (“Terms of Use”) available at the Site here.

Types of Information That Mohegan Collects About You and How Mohegan Collects Information About You

Mohegan may collect two types of information from you when you visit the Site: Personal Information and Non-Personal Information (collectively “Information”).

“Personal Information” refers to data by which you may be personally identified, such as name, postal address, e-mail address, and telephone number.
“Non-Personal Information” means data that is about you, but does not identify you specifically. If you do nothing during your visit to our Site but browse, read pages, or view content, we will gather and store Information about your visit that does not identify you personally.

We collect Information:

Directly from you when you provide it to us, including through your applications for credit or other financial services.
Through our business-to-business communications with you.
Automatically as you navigate through the Site.
From third parties who assist us with our business operations, such as credit bureaus relating to your credit and financial transaction history.
Through Google Analytics.

Information You Provide Directly to Mohegan. The Information that you provide us directly through our Site may include:

Information that you provide when you create an account or complete a transaction through our Site, including making hotel reservations or gift card purchases.
Information that you provide by filling in forms on our Site, including name, address, and telephone number.
Records and copies of your correspondence (including email addresses), if you contact us.
Your responses to surveys that we might ask you to complete.

Information Automatically Collected from You. The Information that Mohegan may automatically collect and store about you when you visit the Site may include:

Your location.
The Internet Protocol Address and domain name used. The Internet Protocol address is a numerical identifier assigned either to your Internet service provider or directly to your computer. We use the Internet Protocol Address to direct Internet traffic to you.
The type of browser and operating system you used;
The date and time you visited the Site;
The web pages or services you accessed at the Site;
The website you visited prior to coming to the Site;
Details of transactions you carry out through the Site, including payment history and/or gaming activity with Mohegan Tribal Gaming Authority;
Details of transactions you carry out with your Momentum card, including transactions on the website or at our resort; and
Cookies, which are small text files that a web server (such as Mohegan or its chosen web hosting company server) places on a user's computer. When accessing a cookie, Mohegan’s server reads a number associated with a browser, but is unable to determine any data about a user. With that number, our web server can tailor its content to the needs of the specific browser, and we can optimize the Site for your use.

Google Analytics Advertising Features. We also may have the following Google Analytics Advertising Features Implemented: Demographics and Interest reporting, Remarketing, GDN Impression Reporting and Double Click Campaign Manager. These features collect data using Google advertising cookies and anonymous identifiers. Mohegan and third-party vendors use these first-party cookies to access the success of online marketing campaigns, inform future campaigns and improve usability on the Site. To learn how to opt-out of the Google Analytics Advertising Features we use, please see Google Analytics’ currently available opt-outs for the web at tools.google.com/dlpage/gaoptout.

How Mohegan Uses Information It Collects About You and the Purpose for the Collection and Use

We use Information that we collect about you or that you provide to us, including any Personal Information, for the following purposes:

To present our Site and the Site Contents (as defined in the Terms of Use) to you.
To provide you with the data, products, or services that you request from us. For example, when you provide your email address by contacting us, we are able to use your email address to respond to your comment or question personally.
To provide you with credit or other financial services.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to our Site or any products or services we offer or provide through it.
To communicate with you regarding our products and services, including for marketing purposes.
To personalize our services and advertising to you.
In any other way we may describe when you provide the Information.
To fulfill any other purpose for which you provide it.
For any other purpose with your consent.

Site statistics are compiled into traffic reports, which help Mohegan understand, anticipate, and respond to user needs. If we learn, for example, of heightened interest in certain aspects of the Site, we are likely to highlight that information on the Site home page. This Information helps us create a better overall experience for Site users.

Mohegan will retain your Information for as long as necessary to provide the services you have requested, comply with our legal obligations, resolve disputes, enforce our agreements, and for other legitimate and lawful business purposes.

How Mohegan Protects Your Information

We have implemented physical, electronic and organizational safeguards to protect your Information from accidental loss and from unauthorized access, use, alteration, and disclosure, and we permit only authorized employees, who are trained in the proper handling of this Information, to have access to it. Unfortunately, the Internet is not completely secure. Although we are working to protect your Information, we cannot guarantee the security of your Information either in transmission or when stored. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

When Mohegan Shares Your Information

We may use and disclose Non-Personal Information about our users without restriction. We may disclose Personal Information that we collect or you provide as described in this Privacy Notice:

To our subsidiaries and affiliates, including third party payment facilitators.
To contractors, service providers, and other third parties we use to support our business, as described further below.
With credit bureaus, collection agencies, and other non-affiliated third parties only as permitted by law.
Certain limited patron Information may be shared with other businesses with which we contract, who may contact patrons as part of a joint marketing or promotional program (Joint Marketers). These businesses may include financial services companies, such as banks and insurance companies, other service providers, such as airlines and car rental agencies, and retailers. The Information we share with them such as name, address and telephone number is gathered solely from participation in our loyalty program.
To a buyer or other successor (potential or actual) in connection with a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Mohegan’s assets, including any related due diligence.
To fulfill any other purpose for which you provide it.
For any other purpose disclosed by us when you provide the Information.
With your consent.
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

Except as described above, Mohegan does not sell any of your Information.

Third Parties Providing Services On Our Behalf

We use third parties to host the Site, design and operate the Site features, and perform administrative, analytics, payment processing, and communications. Services these third parties provide include enabling Mohegan to send you email newsletters and providing information to Mohegan about the use of the Site and viewing of our content. We may disclose your Information to these companies so they can carry out these services. These companies are bound by contractual obligations to keep Information confidential.

Information From Children Under 13

Mohegan complies with the requirements of the Children’s Online Privacy Protection Act and related regulations. The Site is not directed at children, and Mohegan does not knowingly collect any Information from children under 13 years of age. If Mohegan learns that a child under 13 years of age has provided Information, Mohegan will delete this Information from our databases. If you are under 13, do not use this Site or provide any Information about yourself to Mohegan, including your name, address, telephone number or email address. If you become aware that Information of a child under 13 years of age has been provided, please contact us at mythoughts@moheganpa.com.

Links to Other Websites and Services

We are not responsible for the practices employed by websites or services linked to or from the Site, including the information or content contained therein. Our Privacy Notice does not apply to third-party websites or services.

Do Not Track

Some browsers incorporate a "Do Not Track" (“DNT”) feature that, when turned on, signals to websites and online services that you do not want to be tracked. At this time, the Site does not respond to DNT signals

Your Choices About Information

If you choose not to provide Information, you may be unable to access or use all portions of the Site. We send promotional and marketing communications only with your consent. If you no longer wish to receive these or other communications, please click on the "unsubscribe" link which is included in every email correspondence that is transmitted from Mohegan.

Certain Information, such as your address or email address, can be updated or corrected simply by calling Customer Service at 1.888.WIN.IN.PA (1.888.946.4672)

Your California Privacy Rights

Under the California Consumer Privacy Act of 2018 (CCPA), California residents may have certain rights regarding their Personal Information including the rights listed below.

The right to know the categories of Personal Information that Mohegan has collected and the sources from which Mohegan obtained the Information.
The right to know the business purposes for sharing Personal Information.
The right to know the categories of third parties with whom Mohegan has shared Personal Information.
The right to access the specific pieces of Personal Information Mohegan has collected, and the right to request the deletion of your Information (see “Your Rights and Choices” below).

California requires the disclosure of categories of Personal Information Mohegan collects about you, the sources of that Information, the purpose for the collection, and how Mohegan shares it.

Categories of Personal Information Collected:

Identifiers such real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, or other similar identifiers.
Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) such as name, signature, Social Security number, address, telephone number, passport number, driver's license or state identification card number, or bank account number, credit card number, debit card number, or any other financial information.
Commercial Information such as records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Internet or other similar network activity such as browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
Geolocation data such as physical location.
Sensory data such as audio and visual information.
Inferences drawn from other Personal Information such as profiles reflecting a person's preferences.

Additional information about the categories of Personal Information collected and the categories of sources from which Personal Information is collected is in Section 2 of the Privacy Notice. The purpose for collecting the Personal Information listed above is in Section 3 of the Privacy Notice. The third parties with which Mohegan may share the Personal Information listed above is in Section 5 of the Privacy Notice.

In addition to the purposes listed above, we may also use or disclose the Personal Information we collect for one or more of the following purposes:

To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to you when collecting your Personal Information or as otherwise set forth in the CCPA.
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Mohegan’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Mohegan about our Site users is among the assets transferred.

CCPA Consumer Request Form »

Your Rights and Choices

Below are the rights that California consumers may have under the CCPA. There are exceptions, so not all of these rights may apply to you.

Access to Specific Information and Data Portability Rights

You have the right to request that Mohegan disclose certain information to you about its collection and use of your Personal Information over the past 12 months.

Deletion Request Rights

You have the right to request that Mohegan delete any of your Personal Information that it has collected from you and retained, subject to certain exceptions. If you have questions regarding these exceptions, please contact us at 1.888.WIN.IN.PA (1.888.946.4672) .

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request with our Personal Information Request Form to mythoughts@moheganpa.com or contact us at 1.888.WIN.IN.PA (1.888.946.4672) .

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period. If we deny your request, we will provide reasons for the denial.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights.

Other California Privacy Rights

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of the Site that are California residents to request certain information regarding Mohegan ’s disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please contact Mohegan at the email address included below.

CCPA Vendor Contract

How to Contact Us About This Privacy Notice

To ask questions or comment about this Privacy Notice and our privacy practices, please contact us at 1.888.WIN.IN.PA (1.888.946.4672) or by email at mythoughts@moheganpa.com. You may also contact us by mail using the following address:

Downs Racing L.P.
ATTN: Legal Department
1280 Highway 315
Wilkes-Barre, Pennsylvania 18702

EFFECTIVE DATE: September 13th, 2021