Winamax Privacy Policy

Identity of the Data Processor. For purposes of this privacy policy (“Privacy Policy”), the “data processor” (that is, the person in charge of recording, storing and using your personal data) is the French company, Winamax, S.A., with its registered office at Rue de Grenelle, 136 bis, 75007 Paris, France (“Winamax” or the “Company”), which you can contact by e-mail to the customer service team.

Our commitment to the Privacy of our Participants. We are the operator responsible for the website www.winamax.es. We are committed to maintaining the confidentiality of the personal data we collect and process regarding our participants, using world-class data security technology and procedures, in accordance with the data protection standards and requirements of our regulatory gaming authorities for the European Union, and most particularly with compliance with EU Regulation 679/2016 of 27 April on the Protection of natural persons with regard to the processing of personal data and on the free movement of such data, and approving the General Data Protection Regulation (“GDPR”).

Purpose of this Privacy Policy. The objective of this Privacy Policy is that, as a participant of the website www.winamax.es, you will understand the methods we use to collect, store, use, and protect your personal data and information, to inform you of your rights in relation to said processing.

Our Legal Obligations. When we collect and process your personal data and information, we comply with the applicable data protection laws, in particular the GDPR and any applicable implementing legislation, as well as Law 13/2011 of 27 May on the regulation of gambling, and any other valid and applicable legislation (collectively, the “Applicable Legislation”).

Your Understanding of the Privacy Policy

Acceptance: by registering on the www.winamax.es website and participating in its gaming offer (“Service”), you (“User” or “you”) declare that you have read and understand the terms of this Privacy Policy. We will notify you of any changes we may make from time to time; in certain cases, we will separately ask you to provide details of whether you consent to receive promotional communications from: (a) us; and also from (b) third party providers of products and services with whom we may exchange your information.

Modifications: We reserve the right to modify this Privacy Policy from time to time. Your will be notified of modifications that affect this Privacy Policy prior to their entry into force so that, if applicable, you may expressly provide your consent. Without prejudice to the fact that we will inform you of any modifications, we recommend that you regularly check our website to be informed of the latest applicable version.

What Information do we Collect and for what Purpose?

Registration Information: As part of the process of opening a Winamax User account on the Website and to enable us to provide you with our Service, we will ask you to provide us with certain personal data, including but not limited to your first and last name, date of birth, postal address, telephone number, e-mail address, national identity card or passport number, nationality, bank details and a username and password, as well as confirmation that you are at least 18 years of age. In addition, Winamax may process special categories of data, for example, in cases where you have been included in the General Register of Gaming Access Bans by way of court order or legal incapacity related to gambling addiction. The name you register with us must be your own. In addition, it is important that you fill out the account data with valid information, as this will be used in the course of validating financial transactions and for the other purposes described in this Privacy Policy. You must inform us of any relevant changes to the personal data you have provided to us, and we will not be liable for any damages you may suffer as a result of your failure to inform us of such changes to the personal data you have provided to us.

Bets using Mobile Devices: if you wish to use the Service using a Device (as defined in Clause 15 below), you must consent to the use of our services (or third parties acting as data processors on our behalf) based on location or other information in the software used that may be generated from your Device, to detect your geographical location. If you do not allow your location to be known, we will not be able to provide the Service to you through your Device.

Ongoing Data Capture: In addition, when you use the Service, we capture and store data about your activity on the Sites and stored on the Devices you use, in order to improve the Service we provide to you. We also use cookies; our cookie policy is explained below.

Data Retention: We retain your personal data for as long as is necessary for the purposes set out in this Privacy Policy, which includes any retention period that may be required for regulatory purposes. We do not collect other personal data from our Users that is not necessary for our purposes, and our data management policies include the deletion of any personal data that is no longer necessary for our purposes. In the event that you close (or we close) your Winamax account, we will retain your personal data for a period of time in order to comply with our legal and regulatory obligations and to safeguard against potential lawsuits. In particular, your information will be kept for a period of at least 6 years from the end of the aforementioned contractual relationship, although certain data necessary for compliance with the Anti-Money Laundering regulations will be kept for an additional period of 4 years, until completion of a total period of 10 years, after which it will be deleted.

Record of Processing Activities: In accordance with the applicable Legislation, Winamax keeps a record of processing activities carried out under its responsibility. This record contains all the information set out in this Privacy Policy.

Purposes of Processing: we, the members of our Group of companies (you can find more information about the companies that make up our group of companies at www.winamax.es), our affiliates and third parties who provide financial, technology and support services to us or on our behalf, will process your personal data primarily for the following purposes and in accordance with the legal provisions that entitle us to carry out that processing:

  • To provide the Service to you on the legal basis of the performance of the contract between us. The processing of your personal data is necessary, primarily to enable us to provide you with the Service contracted through our website www.winamax.es.
  • To conduct our business activities on the legal basis of our legitimate interest.
  • To confirm financial transactions made by users on the legal basis of our legitimate interest.
  • To analyse your credit and fraud risks, and check your references through third parties, including financial institutions, identity verification agencies and credit rating agencies to comply with our legal obligations on money laundering and/or fraud prevention.
  • To assess your gambling activity in relation to responsible gambling objectives in order to comply with our legal obligations under the terms of our gaming licences.
  • To verify whether you have registered with mandatory self-exclusion bodies (as applicable) for responsible gambling reasons in compliance with our legal obligations under gambling regulations.
  • For identification, verification and investigation purposes in compliance with our legal obligations in respect of gambling regulations.
  • Statistical analysis and research of the Services used on the legal basis of our legitimate interest.
  • Research and development of new types of Services on the legal basis of our legitimate interest.
  • Marketing, market research, customer surveys and customer profiling where we have previously obtained your consent, which you may revoke in writing at any time.
  • Data analysis for statistical and product improvement purposes necessary to satisfy our legitimate interest.
  • To comply with the legal requirements applicable to licensed online gambling operators in compliance with our legal obligations with respect to gambling regulations.
  • To perform batch analysis of documents before implementing tools obtained or provided by third parties for verification or analysis in compliance with our legal obligations with respect to gambling regulations.
  • To tackle security risks and fraudulent activity on the legal basis of compliance with a legal obligation; and
  • To confirm your geographical location in order to comply with regulatory limitations on access to the Services in compliance with our legal obligations.


Recipients, Communications and Exchange of Data

Specific Communications. We may disclose your personal data:


  • To any regulatory body, or licensing authority or entity where we are required to do so by law.
  • To third parties, in order to establish or make payments in connection with any betting and/or gaming activities covered by the Services in performance of the contract.
  • To third party service providers that provide financial, technological or support services to us, as data processors or on our behalf in performance of the contract.
  • To third parties for marketing purposes, provided that you have given your consent as described in Clause 11 below.
  • To any payment management or debt collection company we use to make payments to users and to process the collection of payments from our users in performance of the contract.
  • Any third party that purchases our services, our business or any part thereof on the legal basis of our legitimate interest;
  • To credit rating agencies in performance of the contract.

General Disclosures: In addition to the examples of specific disclosures set out above, we may disclose your personal data to employees of other companies in our Group, to our agents and to third party financial, technological or support service providers, which will process your personal data to provide services to us in connection with your use of our Service in their capacity as data processors.

Such third parties must at all times respect the confidentiality and integrity of your personal data. We will not disclose or communicate your personal data to third party service providers located outside the European Union in territories that may not offer an equivalent level of protection. Where exceptionally necessary, we will ensure that such third parties provide adequate safeguards to preserve the confidentiality and integrity of your personal data.

We process and store your data within the European Union.

As an exception, certain data necessary for the use of your player account may be transferred outside the European Union. In such cases, Winamax takes appropriate measures to ensure that your personal data is adequately protected in the destination country. In such cases, we establish contractual measures and controls regarding technical and organizational measures in accordance with regulations to ensure that personal data is processed with the same level of security as required by European regulations.


Deposit and Withdrawal Processing

When making a deposit, you will need to provide information about the method of payment of the deposit (e.g. your credit card number). This information, along with your other personal data, may be used to settle or carry out financial transactions executed by you on our Sites. You must inform us immediately of any relevant changes to your personal data.


Confidentiality and Security Measures

What do we do? We have made considerable efforts to protect the confidentiality of the identity, preferences and other data we have collected on Users by implementing important technical and organisational security measures, which will be updated and adapted as appropriate in accordance with the state of the art and the nature of the personal data we process in relation to our Users, as well as the potential risks that may arise from the processing of personal data. We will not knowingly permit access to such data to anyone outside our Group, except to the User or as set out in this Privacy Policy. We have invested heavily in our server, database, backup system, firewall and encryption technologies to protect the data we collect and process. These technologies are part of the next generation security architecture.

What can you do? You will also need to do your part to protect your personal data. Your login credentials are confidential, and you have an obligation to keep them secret at all times and to make every effort to protect them and to keep them secret and confidential.


Limitations of Confidentiality

Obligatory Disclosure Required by Law. Due to the legal, regulatory and security framework in which we operate, we may be required, in certain circumstances, to disclose personal data on Users and we may not be permitted to inform you that we have done so. We will make reasonable efforts to limit such disclosure to the following: (a) in cases where we believe in good faith that we are required to do so by court order, injunction or other legal proceeding; or (b) when reasonably necessary to identify, contact, or bring legal action against persons or entities in order to preserve or enforce our rights. In addition, we may, with your authorisation, disclose your User ID, name, date of birth, address, city, state, postcode, country, telephone number, e-mail address, account activity, transactions, transfers and communications with other Users, and details of financial instruments used to make deposits and withdrawals to and from third party agents or official government entities in connection with investigations of money laundering, fraud, intellectual property infringement, piracy or other illegal activities or activities that may expose us to legal liability.

Marketing. If you expressly agree, we may use your e-mail address and telephone number to send you news, promotions and other marketing offers from us. If you no longer wish to receive these promotional communications, newsletters or marketing offers by electronic means, you may opt out of such processing and you may opt out of receiving them either when you first register with us, or subsequently by following the “unsubscribe” instructions included in each communication. You also have the right to inform us at any time that you do not wish to receive promotional communications from us; you can do so by sending an e-mail to the customer service team.

Thirty Party Offers of Products and Services. If you have given us your consent, we may also disclose your e-mail address and telephone number to third parties so they can send you offers for their products and services. You can request to stop receiving such offers at any time by sending a blank message with the word “Remove” in the subject line to the customer service team. If you wish to unsubscribe and not receive these offers, we will remove your details from our marketing mailing list and any future lists we share with our marketing partners.

Advertising. We will only use your name and data in marketing material with your written consent.


Your Rights in relation to your Data

Rights you can Exercise with respect to your Personal Data. We aim to keep your personal data as accurate and up to date as possible. You can contact us at any time by sending an e-mail to support@winamax.com to exercise your following rights:

- Right of access: You can ask Winamax to confirm whether it is processing your personal data and for a copy of your personal data.
- Right of rectification: You may request Winamax to modify or correct your inaccurate personal data in accordance with your rights under the applicable Legislation.
- Right to deletion of personal data: You can ask Winamax to delete your personal data when: (i) the personal data is no longer necessary for the provision of the services, (ii) you withdraw your consent, (iii) you exercise your right to object (as defined below), (iv) the personal data has been unlawfully processed and (v) Winamax has to comply with a legal obligation.
- Right of limitation: You may ask Winamax to limit its processing of your personal data.
- Right to data portability: You have the right to request Winamax to transfer your personal data to another entity;
- Right to object: You can object to any processing of your personal data.
- The right to oppose the sending of commercial communications and/or profiling: You have the right to object to the use of your personal data for the sending of commercial communications;
- Withdrawal of consent. You may withdraw your consent at any time in relation to any processing of your personal data based on consent previously given.
- You have the right to complain to the Supervisory Authority: Although we prefer that you contact us first to resolve any complaints or queries, it is important for you to know that you have the right to lodge a complaint with the Supervisory Authority, i.e., the Agencia Española de Protección de Datos [Spanish Data Protection Agency] (AEPD) or CNIL (Commission Nationale de l’Informatique et des Libertés [National Commission on Informatics and Liberty]) or any collaborating supervisory authority.
You can exercise the rights set out above by contacting us free of charge to exercise your rights by sending an e-mail to the customer service team. We may, in certain circumstances (i.e., where you request a second copy of your data or where requests are manifestly unfounded or excessive, in particular due to their repetitive nature), charge a small fee to cover the administrative costs of any request you make for this purpose or to deal with your enquiry in accordance with applicable Legislation.
If you are unsure about your rights or have concerns about how your personal data will be processed, you should contact the Spanish Data Protection Agency. If you contact us about your rights, we will do our best to respond satisfactorily to your request or objection.


Cookies

Cookies are strings of information (text only) that we store on your desktop computer, laptop or mobile device (each referred to as a “Device”) when you visit a website. Each time you revisit that website, cookies are sent back to that website, or to another website that recognises these cookies. Visit www.allaboutcookies.org for information on what cookies are and how they work.

Cookies are very useful, and are used for different reasons. These include allowing you to navigate efficiently, remembering your preferences, and generally improving the user experience. Sometimes cookies are used to help ensure that the advertising you see online is relevant to your tastes and interests. We use cookies to track referrals to our Sites, to remember your preferences and to generate anonymous statistics, which we use to improve the User experience on our Sites. We also use cookies to measure the effectiveness of our advertising campaigns, to limit the number of times you see the same advertisement, to remember that you have visited the website and to provide you with advertisements relevant to your interests.


More Information and Data Protection Officer

Winamax has appointed a Data Protection Officer whose contact details are given below, and of whose appointment the CNIL (Commission Nationale de l’Informatique et des Libertés) has been duly informed:

dpo@winamax.fr

It is our pleasure to provide you with more information on how we protect and use your personal data. Please contact the customer service team. You can also obtain useful information on privacy and data protection from the office of the CNIL (Commission Nationale de l’Informatique et des Libertés) or any collaborating supervisory authority.