Privacy Policy

Note: The Privacy Policy has been updated. Please review the updated document carefully before using the Website. By using the Website, you consent to the terms of the updated Privacy Policy.

Introduction

Welcome to Our Internet web site https://highroller.agency/ (collectively “Agency” or “we”, or “us”, or “Site”) that collects from the individual users (hereinafter, referred to as “user”, “you” or “your”) certain personal data through the website https://highroller.agency/ (hereinafter, referred to as the “Site”).

This Privacy Policy forms an integral part of Terms & Conditions and contains the Agency’s policies and procedures governing the processing of personal data through the Site.

Please note that we reserve the right, at our discretion, to change, modify, add, or remove portions of these Privacy Policy at any time. Please check periodically for changes. Your continued use of the Site following the posting of any changes to these Terms & Conditions will mean you accept those changes.

Definitions

PERSONAL DATA means data that identifies the natural person directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, etc.;

PROCESSING means any operation or set of operations that is performed on Personal Data, and includes but is not necessarily limited to the collection, recording, organization, structuring, storage, adaptation or destruction of Personal Data;

DATA SUBJECT is an identified or identifiable natural person who can be identified, directly or indirectly, based on particular Personal Data.

Acceptance of This Privacy Policy

By using our Site (whether or not you register or create any kind of account with us), you agree to accept the terms set forth in this Privacy Policy as well as in the Terms & Conditions.  Anyone that does not agree to the terms of this Privacy Policy and the Terms & Conditions, should not use Our Site. You agree that your only recourse should you not agree to the terms of this Privacy Policy and the Terms & Conditions shall be to discontinue using our Services and visiting our Site. By using our Services, you consent to having your Personal Data transferred to and Processed by us and our third party vendors.

Consent                              

By using our Site and Services you consent to our Privacy Policy, as well as the limitation of liability, dispute resolution procedures, refund policy and all the other Terms & Conditions that form a binding agreement between you and us.

Privacy Statement

Agency shall be considered a data owner and data controller in relationships with Data Subjects. We acknowledge the privacy of natural persons and make efforts to protect them against any unlawful Processing by applying relevant technical and organizational measures to protect Personal Data of natural persons in accordance with the effective legislation. Although we will make reasonable efforts to ensure safe Processing, we cannot guarantee it to be 100% secure and risk-free and you acknowledge and accept such risks.

We process Personal Data in a way that assures appropriate level of security, including protection against unauthorized Processing, destruction, accidental loss, or damage, while applying suitable organizational and technical measures under industry standards and in compliance with the following principles: (1) lawfully, fairly and transparently; (2) Processing is specified, explicit and only for legitimate purposes; Processing is adequate, relevant and limited to necessary purpose; accurate and kept up to date; limitation of the storage for periods not longer than necessary; Processing is done and the Personal Data is held in a manner that ensures appropriate security of the Personal Data.

We Process Personal Data only when one of the conditions below applies: (1) it is required for the performance of the services pursuant to agreement with the Data Subject; (2) it is required for compliance with the law or our legal obligation; (3) Data Subject has provided us with consent for Processing of their Personal Data for one or more specific purposes; (4) Personal data is Processed for our Legitimate Purpose.

When it comes to Processing, we will not discriminate against Data Subject CCPA rights. Unless permitted by the CCPA, we will not: (1) reject Data Subject’s request for goods or services on the basis of discrimination; (2) provide to California based Data Subject different prices for goods or services, including through granting discounts or other benefits; (3) render to Data Subject different level or quality of goods or services in comparison to our other clients.

Notwithstanding the aforementioned, we may, at our own discretion, offer Data Subject certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will contain written terms that describe such material aspects.

We do not knowingly Process Personal Data that relates to, or reveals, racial or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, genetic or biometric data, or data concerning the health, sex life or sexual orientation of the natural person.

We apply the following principles in order to protect your privacy: (a) we will not sell or lease your Personal Data to third parties; and (b) any Personal Data that you provide to us will be secured with industry-standard safety protocols and technology.

Types of Personal Data We Process

The Agency adheres to data minimization principles. We process only the minimal amount of information that is necessary for pursuing the legitimate interests of the Agency. At the time you purchase software and/or services through the Site or register a user account on the Site, you will be asked to provide personal data, such as your full name, email address, telephone number and company information.

We process Personal Data under the following legal basises:

– On the basis of consent.

– For other legitimate interests, unless those interests are overridden by Data Subject’s or fundamental rights and freedoms that require protection of personal data. For example, we rely on our legitimate interest when it comes to (1) diagnostic analytics to assess the number of visitors, posts, page views, reviews for further optimization of our Platform; (2) optimization of our visitors’ experience; (3) fraud prevention; (4) network and information security, (5) analyzing customer satisfaction.

Purposes of Personal Data Processing

Third Party Access to Personal Data

We will not sell, distribute or lease your Personal Data to third parties unless we have your permission or are required by law to do so. We may use your personal data to send you promotional information about third parties which we think you may find interesting if you tell us that you wish for this to happen.

In case third parties perform services (e.g., hosting of the Site) on behalf of the Agency, the Agency will require that such third parties employ an adequate level of protection of personal data that is consistent with this Privacy Policy. You will be informed in advance if your personal data is transferred to the third parties i.e. before such transfer.

Security and Confidentiality of Personal Data

Agency takes all necessary steps to protect the confidentiality of Personal Data supplied by the user when utilizing Agency’s software or services and when visiting the Site. We do not disclose any user’s Personal Data to any third party unless ordered to do so by a court order during the investigation of a criminal offense or as required under other provisions of disclosure of Personal Data.

The Agency takes all necessary steps to safeguard your Personal Data when your payment is being Processed, including the use of specialized services to secure payment of all software or services purchased through the Site. All confidential information transmitted and received by us from the specialized services is encrypted with the help of software that uses Secure Sockets Layer (SSL).

We will use reasonable efforts to maintain the security of and to prevent misuse, loss, unauthorized access, and modification of your Personal Data. However, please note that, due to the inherent risks of using the Internet, you agree to accept such risks and not hold us liable for any destruction, loss, leakage, and falsification of Personal data caused by circumstances beyond our reasonable control.

In the case of a Personal Data breach, the Agency shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify you and the appropriate supervisory authority of the Personal Data breach, unless the Personal Data breach is unlikely to result in a risk to your rights and financial information.

You are solely responsible for keeping your login details in a private and secure manner.

Response Timing and Format

We shall respond to the verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform the Data Subject of the reason and extension period in writing. The response is free of charge unless it is excessive, repetitive, or manifestly unfounded.

Place of processing

Personal Data is processed at our operating offices and in any other places where the parties involved in the processing are located. It may be necessary to transfer collected Personal Data to countries outside of the European Union for Processing purposes.

Retention Period

Your Personal Data will be kept for as long as is necessary to provide you with the requested service. When your Personal Data is no longer necessary to deliver the requested service, the Agency will delete it as soon as possible, unless retaining your Personal Data is required by law for a certain period of time (e.g., for accountancy records).

COOKIES

A cookie is a small file that asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Generally, cookies allow web applications to respond to you as an individual. With the help of a cookie, a web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic to our Site and improve our Site in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

We use following types of cookie files:

Essential Cookies

These cookies are always active and necessary to the core functionality of our Site and some of its features, such as access to secure areas.

Analytics and Customization Cookies

These cookies collect information that can help us understand how our Sites are being used. This information can also be used to measure effectiveness in our marketing campaigns or to curate a personalized site experience for you.

Overall, cookies help us provide you with a better Site experience, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the Personal Data you choose to share with us. You can choose 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. This may prevent you from taking full advantage of our Site.

Age limitations

We have no official right to collect any private information from persons who are not 18 yet. It is strictly prohibited to the Users under 18 to use Our Site and any of the Services offered by Our Agency. As soon as We find out that the information presented by the User is not eligible because of the age limits, it will promptly be erased. We bear no responsibility in case if You’re not old enough to use the Site. You must be of legal age to be in line with Our Privacy Policy, as well as with Our Terms and Conditions.

Alert Us in case one of Your children under 18 is using Our Site trying to get access to our services. We’ll take measures to block access to Our Site from Your IP address. All affiliate websites cooperating with Our Agency will be blocked for your child as well.

Your rights as a data subject

According to the EU and US applicable laws, you have various rights regarding your personal data. If you wish to assert these rights, please send your request by e-mail or by post to the address specified in the section on the bottom of this Policy, clearly identifying yourself.

Right to acknowledgement and access

You have the right to receive confirmation from Us at any time as to whether personal data relating to you will be processed. If this is the case, you have the right to request from us free of charge information about the personal data stored about you together with a copy of this data. 

If personal data are transferred to a third country or an international organization, you have the right to be informed of the appropriate guarantees in accordance with GDPR and US data protection laws in connection with the transfer.

Right to correction

You have the right to request Us to correct any inaccurate personal data concerning you without delay. 

Right for cancellation (“Right for oblivion”)

As a pursuant under GDPR and US data protection laws, you have the right to demand that we delete personal data concerning you without delay, and we are obliged to delete personal data without delay if one of the following reasons applies:

1. personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
2. you file an objection to the processing pursuant to GDPR and US data protection laws, and there are no overriding legitimate grounds for the processing, or you file an objection to the processing pursuant under conditions of GDPR and US data protection laws.
3. you withdraw your consent, on which the processing was based pursuant according to GDPR and US data protection laws, and there is no other legal basis for the processing.
4. the deletion of personal data is necessary to fulfill a legal obligation under Union law or the law of the Member States to which we are subject.

Right to limitation of processing

You have the right to request Us to restrict processing if one of the following conditions is met:

1. you dispute the accuracy of your personal data for a period of time that enables us to verify the accuracy of your personal data;
2. the processing is unlawful, and you have refused to delete the personal data and have instead requested the restriction of the use of the personal data;
3. We no longer need the personal data for the purposes of processing, but you do need the data to assert, exercise or defend legal claims, or
4. you have filed an objection against the processing pursuant according to GDPR and US data protection laws, as long as it is not yet clear whether the justified reasons of our Agency outweigh yours.

Right to transferability of data 

You have the right to receive the personal data concerning you that you have provided to us in a structured, current and machine-readable format, and you have the right to transmit this data to another person in charge without our interference, provided that

1. processing is based on consent or on a contract pursuant according to conditions of GDPR and US data protection laws and
2. processing is carried out using automated methods. When exercising your right to data transferability in accordance with paragraph 1, you have the right to request that the personal data be transferred directly by us to another person responsible, insofar as this is technically feasible.

Right of objection

You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you on the basis of GDPR and US data protection laws; this also applies to profiling based on these provisions. We no longer process personal data unless we can prove compelling grounds for processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

If We process personal data for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising.

You have the right to object to the processing of personal data concerning you, for scientific or historical research purposes or for statistical purposes in accordance with GDPR and US data protection laws, for reasons arising from your particular situation, unless the processing is necessary to fulfill a task in the public interest.

Automated decisions including profiling

You have the right not to be subject to a decision based exclusively on automated processing – including profiling – that has legal effect against you or significantly impairs you in a similar manner. An automated decision making based on the collected personal data does not take place.

Right to revoke consent under data protection law

You have the right to revoke your consent to the processing of personal data at any time.

Right of appeal to a supervisory authority

You have the right of appeal to a supervisory authority.

In particular, if you have US residence, in the Member State where you are staying, working or suspected of having infringed the law, if you believe that the processing is unlawful.

Or, if you have EU/EEA residentship, and have a concern about our practices concerning the processing of Personal Data that we are not able to resolve, you have the right to lodge a complaint with the data protection authority where you reside or in which you work, or in which the alleged infringement occurred, each as applicable, or by contacting the authority for such issues, at https://www.edpb.europa.eu/about-edpb/about-edpb/members_en.

Notice to individuals in the State of California (USA)

Your Rights to Your Personal Information

California residents have the right to request that We (i) provide you with access to the Personal Information that we hold about you, (ii) correct your Personal Information, (iii) delete your Personal Information, and (iv) cease or restrict disclosures or sales of your Personal Information to third parties. You also have a right against discrimination for exercising any of these rights, which We are committed to upholding and honoring at all times.

Categories of Data that We Hold about You

As mentioned above, We maintain data about you in only pseudonymized form, which means that we do not know your identity because we do not process your name, email address, or other identifiable information. Instead, we only process digital identifiers such as cookie IDs, IP addresses, mobile advertising IDs on your device, network browsing history and associated preferences, and in some limited circumstances, your hashed email address.

Why We Collect Your Personal Information

We process your Personal Information in order to provide Services and personalized advertisements to You.

Where do We Collect Your Personal Information

We automatically collect User Information when Users interact with our Services that appear on our Customers’ websites and digital properties. Like most other web-based services, we collect this User Information through cookies and other technologies. We may also obtain Information about you from our data partners.

We collect Information either directly from you during your use of our Sites and Services or from third parties that independently collect this Information from you, and we may combine the Information that we collect from these various sources. For more information about these collection methods, please see Sections above.

How do We Share Your Personal Information

We may disclose or make available your pseudonymous Personal Information to our trusted partners. In most cases when we do so, we have contractually restricted their uses of this data for only Our business purposes. Under the CCPA, such disclosures of Personal Information to service providers are not deemed to be a “sale” and thus are not prohibited after you exercise your right to cease or restrict disclosures or sales of your Personal Information to third parties. In any instances where we have not entered into a service provider relationship with such third parties, we will stop sharing your Personal Information when you instruct us not to “sell” your Personal Information.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. 

According to CalOPPA we agree to the following: 

• Users can visit our site anonymously;
• Once this privacy policy is created, we will add a link to it on our home page, or as a minimum on the first significant page after entering our Site;
• Our Privacy Policy link includes the word ‘Privacy’, and can be easily found on the page specified above.

Users will be notified of any privacy policy changes on our Privacy Policy Page.

Users are able to change their personal information by emailing us.

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.We do not specifically market to children under 13.

Fair Information Practices

• The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
• In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur
• We will notify the users via in site notification
• Within 7 business days

We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

• Send information, respond to inquiries, and/or other requests or questions;
• Process orders and to send information and updates pertaining to orders;
• We may also send you additional information related to your product and/or service.

To be in accordance with CAN SPAM we agree to the following:

• NOT use false, or misleading subjects or email addresses;
• Identify the message as an advertisement in some reasonable way;
• Include the physical address of our business or site headquarters;
• Monitor third party email marketing services for compliance, if one is used;
• Honor opt-out/unsubscribe requests quickly;
• Allow users to unsubscribe by using the link at the bottom of each email.

Notice to the citizens of Canada

Data subjects with a residentship in Canada  have the following rights under the Privacy Act:

The right to access information – the right to both:

confirmation as to whether (or not) an agency holds information about that person; and access to such personal information, where such personal information may be readily retrieved.

The right to correction of information – the right to request correction of information. The agency must, on request or of its own initiative, take steps that are reasonable in the circumstances to ensure (having regard to the purposes for which the information may lawfully be used), the information is accurate, up to date, and not misleading.

In addition to the access and correction rights you may be entitled to exercise the right to:

object to the processing of your personal data (for instance, where we base the processing on our legitimate interests and we will stop processing your data. Except for processing related to direct marketing, we may resume processing if we can show legitimate grounds that override your rights;

request the restriction of processing of your personal data (for instance, if the data is not accurate and needs to be updated). This can also be done for data where the purposes of processing no longer apply, but you still need the data and do not want us to erase it;

request erasure of your personal data (for instance, if it’s no longer necessary for the purposes for which it was collected, if you have withdrawn consent or there is no other legal basis for processing, or if you have objected to the processing and our legitimate interests do not override your rights). Certain data may not be erased if we have a requirement to retain it for legal purposes;

request portability of your own personal data (the transfer of information you have provided to us, to another controller, in a structured, commonly used and machine-readable format), if such a request is technically possible to complete.

Also, according to Canadian legislation and specifically under both the Privacy Act (R.S.C., 1985, c. P-21) and the Personal Information Protection and Electronic Documents Act (PIPEDA) (S.C. 2000, c. 5, Assented to 2000-04-13), We collect personal information as defined by section 3 of the Privacy Act. 

Notice to the citizens of Australia

The Australian Privacy Principles (or APPs) are the cornerstone of the privacy protection framework in the Privacy Act 1988 (Privacy Act). They apply to any organization or agency the Privacy Act covers.

There are 13 Australian Privacy Principles and they govern standards, rights and obligations.

The Privacy Act regulates the way individuals’ personal information is handled.

As an individual, the Privacy Act gives you greater control over the way that your personal information is handled. The Privacy Act allows you to:

• know why your personal information is being collected, how it will be used and who it will be disclosed to;
• have the option of not identifying yourself, or of using a pseudonym in certain circumstances;
• ask for access to your personal information (including your health information);
• stop receiving unwanted direct marketing;
• ask for your personal information that is incorrect to be corrected;
• make a complaint about an organization or agency the Privacy Act covers, if you think they’ve mishandled your personal information.

Notice to the citizens of New Zealand

Data subjects with a residentship in New Zealand have the following rights under the 2020 Act:

The right to access information – the right to both:

confirmation as to whether (or not) an agency holds information about that person; and access to such personal information, where such personal information may be readily retrieved.

The right to correction of information – the right to request correction of information. The agency must, on request or of its own initiative, take steps that are reasonable in the circumstances to ensure (having regard to the purposes for which the information may lawfully be used), the information is accurate, up to date, and not misleading.

Object to direct marketing – while there is not a specific right to object to direct marketing under the 2020 Act, it is worth noting that the Unsolicited Electronic Messages Act 2007 (‘UEMA’) prohibits the sending of unsolicited electronic messages (such as SMS or e-mail) for direct marketing purposes. Additionally, under the Telecoms Code, telecommunication information may only be used for direct marketing if the individual has been advised that such authorisation may be withdrawn at any time (Rule 10 of the Telecoms Code).

Rights not included in the 2020 Act

There is no express right to object to processing in New Zealand. If the information had yet to be provided by the individual, then she/he may refuse to provide the relevant information (provided it is being collected directly), or otherwise complain of an interference to privacy to either the OPC or the agency itself.

Note that there is no broad right to data portability in New Zealand. For completeness, there is ‘number portability’ whereby local and mobile numbers may be transferred, which is regulated under different legislation outside the scope of this Guidance Note (the Telecommunications Act 2001).

Similarly, there is not a ‘right to be forgotten’ or ‘right to erasure’ in New Zealand. It is arguable that an individual may request their information to be corrected (as described above), and such a correction may constitute deletion of information, but this is not typically what is thought of when referring to a right to be forgotten. However, of note in this area is the Harmful Digital Communications Act 2015, which aims to deter, prevent, and mitigate harm to individuals caused by digital communications (often known as ‘cyber-bullying’), and provide victims with efficient means of redress. This can involve a court takedown order, requiring harmful digital communications to be removed.

The key legislation in New Zealand in relation to data protection that we use is Privacy Act 2020 (‘the 2020 Act‘). The 2020 Act empowers the Office of the Privacy Commissioner (‘OPC’) to issue codes of practice, which comprise part of the privacy law in New Zealand. The intention of these codes is to modify the operation of the act for specific types of information, or for certain industries. Separate to the 2020 Act, privacy principles can be found within New Zealand’s common law. The New Zealand courts have developed a tort of privacy (i.e. the right of one person to sue another for breach of privacy). The tort of privacy relates to the public disclosure of private facts, where such disclosure would be considered to be highly offensive to a reasonable person of ordinary sensibilities, balanced against the wider public interest (Bradley v. Wingnut Films Ltd [1993] 1 NZLR 415).

Miscellaneous

1. If any provision of this Privacy Policy is held unenforceable by a court of law, then the Agency will modify such provision to comply with applicable law and all other provisions. will remain in full force and effect.
2. Dispute resolution. Each party will allow the other reasonable opportunity to comply before it claims that the other has not met its obligations under this Privacy Policy. The parties will attempt in good faith to resolve all disputes, disagreements, or claims between the parties relating to this Privacy Policy.
3. Governing law; Place of jurisdiction. Any cause of action, claim and/or dispute that might arise between the parties hereunder, shall be subject to the laws of the state of Delaware (USA), without regard to conflict of law principles and provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Non-exclusive jurisdiction and venue for actions related to this Agreement or Licensee’s use of the Software will be the state courts located in the state of Delaware (USA).

Changes to This Privacy Policy

We reserve the right to revise or amend the terms of Our Privacy Policy at any time without prior notice and each User agrees that the revisions or amendments will be effective upon updating on this Site. We agree to change the “Effective date” appearing at the top of this page to reflect each time We make any changes, and it is the responsibility of each User to check back often. Continued use of Our Site and Services following the posting of changes shall mean that each User accepts those changes.

Our Privacy Policy and Terms & Conditions form the Agreement with each User and set out the basis on which any personal data We collect from them, or that they provide to Us, will be utilized by Us. Any Content or data We collect will only be used in accordance with this Privacy Policy and the Terms & Conditions. Please read the following carefully to understand Our views and practices regarding personal content, information, and data and how it​ will be treated.

Through the use of Our ​Site and any use of the Services, each User agrees to the terms provided in Our​ Privacy Policy regarding the use of their personal content, information, and data that We collect by their visiting Our Site​ and using Our Services. Users that feel Our Privacy Policy is unacceptable to them, agree and represent that their only recourse is to discontinue use of Our Site and discontinue use of the Services.

CONTACT US

Click here to contact us regarding this Privacy Policy or other related data privacy issues.