Protecting your privacy is important to Smarkets USA Op Co (“the Company”). This policy outlines how personal data we collect from you, or that you provide to us, will be processed. Please read the following policy to understand the information we collect, how we will use that information and the circumstances where we will share it with third parties. The policy also describes your data protection rights, including a right to object to some of the processing which the Company carries out. More information about your rights, and how to exercise them, is set out in the “Your Rights” section.
Information we may collect about you
What you give us
Information about you is stored when you fill in online forms or correspond with us via email or live chat. This includes, but is not limited to, personal information provided when you register to use our service, depositing and withdrawing money or reporting issues with our service.
Information you give us may include your name, date of birth, postal address, email address, phone number, financial and credit card information, photograph, copies of identification, proof of address and other documents.
What we collect automatically
We automatically collect information when you use our service which may include, but is not limited to, betting transactions, account transfers, technical information such as IP address, login information, browser type, operating system and platform, mobile device ID, network information as well as full URL clickstream to and through our website and/or mobile application(s).
If you are a US customer, or are located in the US, we will also collect movement data from your device’s accelerometer and GPS location data.
What we receive from other sources
We may from time to time receive information about you from third parties (including advertising networks, analytics providers, and search information providers) we work closely with.
How we use the information we collect and the legal basis for our use
We collect and use your personal information and other information the Company (or others on its behalf) collect from or about you for the following purposes:
- To fulfill a contract with you, or take steps linked to a contract with you.
- delivering our services to you;
- verifying your identity and undertaking necessary security checks (including checks undertaken by trusted third parties and making use of a soft search against registers held by authorized credit reference agencies);
- taking payments from you;
- communicating with you in relation to your account and our services;
- providing customer services to you;
- As required by the Company to conduct our business and pursue our legitimate interests, in particular:
- in order to provide a better betting service, we may use your usage data in order to provide trading information to our liquidity partners. Data made available to our liquidity partners includes an anonymous unique identifier that represents counterparty information and markets accessed;
- we monitor use of our websites and online services, and use your information to help us monitor, improve and protect our content, services and websites, both online and offline;
- we use information you provide to personalize our website, products or services for you;
- we monitor customer accounts to prevent, investigate and/or report fraud, terrorism, misrepresentation, security incidents or crime, in accordance with applicable law;
- we use information you provide to investigate any complaints received from you or from others, about our website or our products or services; and
- we will use data in connection with legal claims, compliance, regulatory and investigative purposes as necessary (including disclosure of such information in connection with legal process or litigation).
- we verify that if you are a US customer or are physically located in the US, you can only transact where the state regulations allow to do so;
- Where you give us consent:
- we will send you direct marketing in relation to products and services provided by us, our affiliates and carefully selected partners;
- we place cookies and use similar technologies in accordance with our Cookies Policy and the information provided to you when those technologies are used; and
- on other occasions where we ask you for consent, we will use the data for the purpose which we explain at that time.
- For purposes which are required by law, for example in response to requests by government or law enforcement authorities conducting an investigation.
- We have carried out balancing tests for all the data processing we carry out on the basis of our legitimate interests, which we have described above. You can obtain further information by contacting us using the details set out later in this notice.
Withdrawing consent or otherwise objecting to direct marketing
Wherever we rely on your consent, you will always be able to withdraw that consent, although we may have other legal grounds for processing your data for other purposes, such as those set out above. In some cases, we are able to send you direct marketing without your consent, where we rely on our legitimate interests. You have an absolute right to opt-out of direct marketing, or profiling we carry out for direct marketing, at any time. You can do this by following the instructions in the communication where this is an electronic message, or by contacting us using the details set out below.
Disclosure of personal information to third parties
As a policy we do not disclose any personal information to anyone other than those employees or third parties that need access to your data to provide you with a service.
For the purposes of applicable data protection law, the Company is a data controller of your personal data. Smarkets Limited (of Level 7, 1 Commodity Quay, London E1W 1AZ, UK) is also a data controller of your personal data when it provides certain corporate support services to the Company. You can get in touch with both the Company and Smarkets Limited by using the contact details below.
We will share your personal information with third party vendors who use it to serve adverts based on your previous visits to the Smarkets website.
Personal data may be shared with government authorities, law enforcement officials or relevant regulators if required for the purposes above, if mandated by law or if required for the legal protection of our legitimate interests in compliance with applicable laws.
Personal data may be shared with sporting bodies the Group has agreements with for the purpose of policing the integrity and enforcing the rules of a sport or detection and prevention of a crime.
Personal data will also be shared with third party service providers, who will process it on behalf of the Company for the purposes identified above, these include:
- Payment providers
- Identity verification agencies
- Credit rating agencies
- Fraud prevention agencies
- Digital marketing and content delivery agencies
- GPS data processing and validation services
In the event that the business is sold or integrated with another business, your details will be disclosed to our advisers and any prospective purchaser’s adviser and will be passed to the new owners of the business.
Where information is transferred outside the EEA, and where this is to a stakeholder or vendor in a country that is not subject to an adequacy decision by the EU Commission, data is adequately protected by EU Commission approved standard contractual clauses, an appropriate Privacy Shield certification or a vendor's Processor Binding Corporate Rules. A copy of the relevant mechanism can be provided for your review on request to the Company using the contact details below.
You have the right to ask us for a copy of your personal data; to correct, delete or restrict (stop any active) processing of your personal data; and to obtain the personal data you provide to us for a contract or with your consent in a structured, machine readable format, and to ask us to share (port) this data to another controller. In addition, you can object to the processing of your personal data in some circumstances (in particular, where we don’t have to process the data to meet a contractual or other legal requirement, or where we are using the data for direct marketing).
These rights may be limited, for example, if fulfilling your request would reveal personal data about another person, where they would infringe the rights of a third party (including our rights) or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping. Relevant exemptions are included in both the GDPR and in the applicable national or per-jurisdiction data protection legislation. We will inform you of relevant exemptions we rely upon when responding to any request you make. To exercise any of these rights, or to obtain other information, such as a copy of a legitimate interests balancing test, you can get in touch with us using the contact details set out below. If you have unresolved concerns and are a EU or UK citizen, you have the right to complain to an EU data protection authority where you live, work or where you believe a breach may have occurred. If you are a US citizen, you have the right to complain to your state’s respective Attorney General.
We may from time to time send you content containing links to other sites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
How do I get in touch with you
We hope that we can satisfy queries you may have about the way we process your data. You can get in touch with us at email@example.com or by writing to Smarkets (Malta) Limited, Level 7, The Hedge, Ir-Rampa ta' San Giljan Street, St. Julians STJ 1062 Malta
How long will you retain my data?
Where we process registration data, we do this for as long as you are an active user of our sites and for 6 years after this.
Where we process personal data for marketing purposes or with your consent, we process the data until you ask us to stop and for a short period after this (to allow us to implement your requests). We also keep a record of the fact that you have asked us not to send you direct marketing or to process your data indefinitely so that we can respect your request in future.
Where we process personal data in connection with providing services to you, we keep the data for 6 years from your last interaction with us.
Commitment to privacy
Last modified: April 27, 2020