The Ute Mountain Casino Hotel (“UMCH”, “we,” “us,” or “our”) respects the privacy of every individual who visits our websites, including utemountaincasino.com, or accesses our mobile applications, including our Play Ute PlayerMax mobile application. This Privacy Policy applies to information collected from and about visitors and users (“you” or “your”) through any of our websites, devices, and mobile applications (collectively, the “Website”) and that link to this Privacy Policy. This Privacy Policy also applies to information collected from or about you through email and other electronic submissions and communications between you and the Website. T also describes how you can opt out of some uses of personal information.

Privacy Policy Changes: We may change this Privacy Policy from time to time. You can identify the date that this Privacy Policy was last updated by looking at the date at the top of this Privacy Policy. Any revisions to this Privacy Policy will take effect upon posting to the Website. We encourage you to regularly review the current version of this Privacy Policy on the Website. Use of the Website following any posted changes constitutes your acceptance of the revised Privacy Policy then in effect.

This Privacy Policy does not apply to information collected offline or through any means other than through the Website or mobile application, or to information collected by any other company or third-party site, application, or content (including advertising) that may link to or be accessible from the Website. Certain transactions and services offered while visiting the Website may be processed or provided by service providers and other strategic partners, even though it appears that you may not have left the Websites (e.g., reservations, know-your-customer, payment processing, hosting). In such cases, these third parties receive information solely for the purpose of your transaction with us, and not for their own independent use. Please review the privacy policies of any third-party website or application for more information about how they process your Personal Information.

Our Website is operated from the United States in accordance with laws of the United States and visitors to our Website should be aware that the laws of the United States may differ from those of your country of residence. By using our Website, participating in any activities through our Website, and/or providing us with your personal information, you consent to the transfers and processing of any information you provide to our Website.

AGE POLICY

Our Website is not intended for use by or directed to any person under the age of 21. Any use of the Site by persons under the age of 21 should only be under the direct supervision of that minor’s parent or legal guardian. We do not knowingly collect information from persons under the age of 21 through the Website. If you believe we have received Personal Information belonging to someone under age 21, please email [email protected] and, after reasonable confirmation, we will delete the Personal Information of the minor.

Pursuant to applicable law, persons under the age of 21 are not permitted to gamble at our property or loiter in casino areas. Persons younger than 21 years of age are not allowed to accept offers or win contests related to gambling and we do not knowingly collect information from such persons.

WHEN YOU ACCESS OUR WEBSITE, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, DO NOT CONTINUE TO ACCESS OR USE OUR WEBSITE.

TYPE OF INFORMATION COLLECTED ABOUT YOU AND HOW IT IS COLLECTED

We and our service providers collect a variety of information about you, including:

“Personal information,” which is information by which you may be personally identified, for example, your name, email address, telephone numbers, physical address, credit card details, bank account or other payment information, credit information, birth date, driver’s license number, social security number, passport number, and any other information by which you may be personally identified. Personal information also may include information that may not be personally identifiable standing alone (for example, your age), but which may become personally identifiable when combined with personal information (for example, your age combined with your name).

“Non-personal information,” which is information that is about you but which does not identify you individually and is not linked to any personal information, including: information regarding your computer, devices and internet connection (such as your IP address, your computer or device type and its capabilities and features, your browser type, the operating system or platform you are using, your general geographic location, and the name and location of your Internet Service Provider), information regarding your use of our Website (including the referring page and the exiting website, clickstream data, the search terms you enter on the Website, your movement within and interaction with the Website, including what pages you look at, and the time, date, and duration of your visit to the Website) and traffic patterns relating to the Website. Non-personal information may include personally identifiable information that has been de-identified, or in other words, rendered anonymous. Non-personal information also may be aggregated with non-personal information about others.

We and our service providers may collect this information through various means, including: (a) directly from you when you provide it to us, for example, via forms that you fill out on the Website, through emails and other communications and information that you submit via the Website, and through your other activities on the Website; (b) automatically as you navigate through and interact with the Website and (c) from third parties, including without limitation our service providers.

INFORMATION YOU PROVIDE

The information we and our service providers collect may include the following types of information that you provide:

• Information you provide when you register for the Website, download our mobile application, make a purchase, participate in a service or offering made available on the Website, or make a reservation, including without limitation your contact information (such as your name, address, email address, phone numbers), your company information, your screen name or username, and your payment information.
• Your demographic information, such as your age, gender, marital status, and nationality.
• Your travel-related information, such as your frequent flyer number, airlines, rental car providers, passport information.
• Detailed information about your reservations, visit or stay at our Casino, including arrival and departure dates, dining reservations, vehicles you may bring, and transactions and purchases.
• Certain sensitive health information, such as allergies or other health conditions that may impact your guest preferences or special requests at the Casino.
• Information about events or meetings you plan with us, such as the date, the guest list, and guests at the event.
• Information you provide to sign up for our Mountain Rewards program (such as your name, email address, physical address, mobile phone number, gender, zip code, birth date, social media) and information needed to administer the Mountain Rewards program.
• Certain personal and sensitive information that you may provide online in connection with employment applications and gaming-related aspects and benefits of the Mountain Rewards program, including without limitation your social security number, certain financial information, employment information and history, other credit information, and a copy of or the information from official government identification documents, including without limitation, a driver’s license, passport, or non-resident alien identification card for identity verification purposes.
• Information you provide in response to surveys and market research.
• The information you post on our Website, that you include in an email, general comment, or recommendation you submit on or through our Website, as well as records and copies of that correspondence (including email addresses).
• Other personal information that you choose to provide to us.

AUTOMATICALLY COLLECTED INFORMATION

When you visit and as you navigate through and interact with the Website, we, our service providers, and third parties may automatically collect information about your visits to the Website, including information about your equipment, and your browsing action and patterns and your activities on the Website. This information may include, but is not limited to:

Details of your visits to our Website and the resources that you access, such as traffic data, location data, logs and other communication data, the third-party website from which your visit originated, clickstream data, the search terms you use on our Website, your movement within and interaction with the Website.

Information about your computer or devices and Internet connection, such as your IP address, your general geographic location, your computer or device type and its capabilities and features, the operating system or platform you are using, your browser type, and your Internet Service Provider.

Information about traffic patterns, such as number of visits to certain pages, visits from other websites or to third-party websites linked to the Website, and visitors’ use of particular services and interest in services, information or features of the Website.

Automatically-collected information is often statistical data that does not contain personal information. We may share such aggregated data with third parties collectively and in an anonymous way. Automatically-collected information may contain personal information, however, or we or our service providers may maintain it or associate it with personal information collected in other ways or received from third parties. Such information will be treated as personal information and used and shared as disclosed in this Privacy Policy.

COOKIES AND OTHER TRACKING TECHNOLOGIES

The technologies we use for automatic information collection are, without limitation, Cookies and Web Beacons.

• A “cookie” or “browser cookie” is a small data text file that can be stored on your computer’s hard drive or other device, if your web browser or device settings permit. Certain features of the Website also may use local stored objects to collect and store information, including information about your preferences and navigation to, from, and on our Website. Cookies may allow us and our service providers, for example, to customize your experience and make your visit to the Website easier (for example, recognizing when you return, remembering your viewing preferences, enabling social sign ins, facilitating social sharing, and, if you are a registered user, remembering your password), measure activity on the Website, track conversions, target ads, and provide analytics. While some cookies are deleted when you close your browser, others remain even after you close your browsing session.
• Pixel tags, web beacons or clear gifs. Pages of the App and our emails may contain small electronic files known as web beacons (or clear gifs, pixel tags, and single-pixel gifs) that allow the us to, track conversions of users who have visited those pages or opened an email and for other related app.

Most web browsers are initially set to accept cookies. If you prefer, you can set your web browser to refuse cookies. You may also delete a cookie manually from your hard drive through your internet browser or other programs. For more information on how to manage cookies, see http://www.allaboutcookies.org. Please keep in mind, however, that you may not be able to access the full functionality of our Website if cookies are disabled.

MOBILE APPLICATIONS

If you install or use one our mobile applications, we may collect and use technical data and related information, including but not limited to technical information about your mobile device, system and application software, and peripherals, that is gathered periodically to facilitate any upgrades, product support and other services to you (if any) related to the application, and to provide services or technologies to you.

You may install and download our applications without providing any personal information to us. However, in order to use certain features of our mobile applications we may need to collect your personal information. For example, in order to benefit from an application’s location-based features, such as receiving special offers when our Casino is close to your location, you must allow the application to transmit, collect, maintain, process and use your location data, including the real-time geographic location of your mobile phone (the “Location Data”). You may withdraw this consent at any time by turning off the location services settings on your mobile device. Disabling such features will not impact the non-location based functionality of the application. We may also offer the ability to sign up for certain products or services through a mobile application, in which case you will need to provide the personal information necessary to sign up for the applicable product or service Personal information collected through our applications will be maintained, used and disclosed in accordance with our Privacy Policy.

HOW WE USE YOUR INFORMATION

We may use and combine non-personal information (including aggregated information) for any lawful purpose. The information we collect from you may be used by us, our affiliates, and third parties serving on our behalf for a variety of purposes, such as:

• To send you electronic newsletters or to provide you with special offers or promotional and marketing.
• To confirm your account and financial transactions.
• To verify your identity.
• Manage and protect our information technology infrastructure.
• To improve the Website or our offerings.
• To provide customer support, including to resolve disputes, troubleshoot problems.
• To contact you regarding your use of the Website.
• To identify your product and services.
• To improve the overall experience of the Website.
• To comply with our legal and regulatory obligations.
• For internal business purposes; and data analytics.
• To comply with licensing and regulatory requirements.
• To combat against security risks.
• To protect and defend our rights or property.
• To assist third parties who provide services to us or on our behalf.
• For the purposes of disaster recovery.
• To monitor, track, and analyze Website usage and trends, to personalize and improve the Website, and to increase the Website’s functionality.
• To send you confirmations, updates, security alerts, and support and administrative messages and otherwise facilitate your use of, and our administration and operation of, the Website.
• To protect the security or integrity of our Website, the Caino, and business.
• Fraud prevention, investigation and resolution of disputes and problems, and compliance with applicable laws and regulations.
• To enforce our Terms of Useand other contractual obligations.
• For any other purpose that is disclosed to you at the point of collection of the personal information and for any other lawful purpose.

HOW WE SHARE YOUR INFORMATION

We may share non-personal information with any third parties for any lawful purpose. Unless otherwise prohibited by law, we may disclose personal information collected from or about you as described in this Privacy Policy to the following types of third parties and for the following purposes:

Affiliated Companies: We may share your information with our parents, subsidiaries, affiliated companies, and other controlled affiliates (including casinos, hotels, restaurants and other business ventures that are licensed, owned, operated, and/or managed by us or our parents, subsidiaries, affiliated companies and other companies under common control), who may use personal information for any of the purposes disclosed in or consistent with the terms of this Privacy Policy (including without limitation those identified in the “How We Use Your Information” section above);

Marketing Partners: We may share your personally identifiable information with our co-promotional partners and other business partners with whom we have marketing or other relationships for joint marketing purposes or such partners’ own marketing purposes.

Service Providers: We may share your information with our service providers who assist us by performing core services (such as reservations, hosting, billing, fulfillment, data storage, security, processing credit card payments, customer service, credit reporting, property management, customer relationship management, “know-your-customer,” accounting, auditing, processing insurance claims, investigating accident reports, administering sweepstakes, surveys, email and mailing services, and delivering packages) related to the operation of the Casino, the provision of services at the Casino, the operation of the Website, the processing and fulfillment of reservations or product orders, and/or by making certain Website functionality available to our users.

Legal Disclaimer: We reserve the right to use IP addresses to identify you and, where permitted or required by law or applicable regulation, we will provide any information about or relating to you, including any personal information about you, to third parties without your consent if we reasonably believe that such action is necessary to: (a) comply with a court order, subpoena or other legal or regulatory requirements; (b) otherwise fulfill a government request for information; (c) protect or defend our legal rights or property, our Casino, our Website, or other guests and online users (d) in an emergency, to protect the health and safety of our Website’s users or the general public.

ANALYTICS

We engage service providers to provide analytics data for the purposes of understanding and optimizing web usage, for business and market research purposes, measuring conversion tracking, and measuring the effectiveness of our content and online advertising campaigns. These service providers may use cookies alone or in conjunction with unique identifiers, pixels, beacons and other tracking technologies to collect information about you when you use the Website.

For example, we use a tool offered by Google Inc. called Google Analytics to collect information about visitors’ use of our Website. For more information about Google Analytics and how it collects and processes data, please review “How Google Uses Data When You Use Our Partners’ Sites or Apps.” We use the information we receive from Google Analytics for a variety of purposes, including to collect information about visitors’ use of our Website and to track Website performance, including without limitation clickstream data, Website traffic data, basic Website impressions, and user demographics information. We do not combine the information collected through the use of Google Analytics with your personal information. You can prevent Google Analytics from recognizing you on return visits to this Website by disabling cookies on your browser, as described above.

WIRELESS MARKETING SERVICES

We may provide you with the opportunity on the Website to register for special promotions, services, news, programming, and information delivered via text messaging and other wireless devices such as mobile phones and, in the event we do so, you may be required to provide your express consent to receive such information as required by applicable law, either by registering on a Website or via your wireless device (or both). To receive these communications, we may require you to consent again in a subsequent confirmation message. Such services and promotional opportunities may be provided by us or by our service providers or strategic partners. The information requested as part of the online registration process may include your wireless telephone number or email address, but only if specifically requested, and your carrier’s name. Additional information may be requested for specific services, programs, promotions, offers, and information, such as your preferences regarding goods or services, choices of music or artists, or other similar survey information. Depending on the promotion, we may also collect an email address or other contact information, and depending on the information collected, you may also be required to confirm your agreement to this Privacy Policy.

If you register for wireless marketing services, you understand and agree that you may be charged by your wireless carrier for all messages sent to you. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will we be responsible for any wireless email or text messaging charges incurred by you or by a person that has access to your wireless device, telephone number, or email address.

You may cancel one or more services via your wireless device at any time by using the unsubscribe mechanism provided by at the time the message is sent, or by sending a text message that says “UNSUBSCRIBE,” “STOP” or such other code referenced in the message. If you unsubscribe, the applicable service(s) will be terminated and will cancel your previous opt-in.

You understand, acknowledge and agree that we may, in our sole discretion and without liability to any user, terminate any offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. We may provide notice of terminations or changes in services on this Website.

OTHER WEBSITES/LINKS

Our Website may link to third-party websites that we do not control or maintain. Be aware that those third-party websites collect information and operate according to their own privacy practices. We are not responsible for the privacy practices employed by any third-party website. We encourage you to note when you leave the Website and to read the privacy statements of all third-party websites to understand how they collect, use and disclose personal information before submitting any personal information to those websites.

ADDITIONAL INFORMATION REGARDING NEVADA

We do not sell Covered Information as defined under Nevada law. If you are a Nevada resident and have any questions about this, please contact us at [email protected].

ADDITIONAL INFORMATION REGARDING CALIFORNIA

The Right to Know, The Right to Delete, and the Right to Opt-Out of the Sale of Personal Information

The California Consumer Privacy Act (“CCPA”) affords California consumers (1) the right to know what personal information we collect, use, disclose, and/or sell; (2) the right to request that we delete their personal information; and (3) the right to request that we no longer sell their personal information. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.

If you would like information about the personal information that we collect, disclose, and/or sell about you, or if you would like to make a request for us to delete your personal information, please submit your request by email to UMCH at [email protected], or send a letter to UMCH at, Ute Mountain Casino Hotel, 3 Weeminuche Drive, Towaoc, Colorado 81334.

When UMCH receives your request, UMCH will first verify your identity. If you are a Mountains Rewards Club member, UMCH will verify your identity by asking you to provide your name, Mountain Rewards Club number, and the email address and phone number associated with your Mountain Rewards Club account.

If you are not a Mountain Rewards Club member, UMCH will verify your identity by asking you to provide your name, the confirmation number from one of your stays at our property, and the email address associated with that stay.

Once UMCH has verified your identity, UMCH will promptly fulfill your request. If you would like, you may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent, please submit an order issued by a court, a document submitted by a barred attorney, or a formal certified document issued by an official governmental agency.

DIRECT MARKETING DISCLOSURE

California consumers also may request information about our disclosures of certain categories of personal information to third parties for their direct marketing purposes. Such requests must be submitted to us at the following address: [email protected], send a letter to Ute Mountain Casino Hotel, 3 Weeminuche Drive, Towaoc, Colorado 81334. Within thirty (30) days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted to addresses other than the addresses specified in this paragraph.

THE RIGHT TO NON-DISCLOSURE

The CCPA prohibits a business from treating a consumer differently because the consumer exercised a right conferred on him/her by the CCPA. We welcome you to exercise your rights under the CCPA, and we will not discriminate against you for doing so.

REMOVAL OF CONTENT

If you are a California resident under the age of 18, and a registered user of any site where this policy is posted, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an email with a detailed description of the specific content or information to [email protected]. As stated previously, please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.

UPDATES TO THIS PRIVACY STATEMENT

We may update this Privacy Statement. The “Current as of” date at the top of this page indicates when this Privacy Statement was last reviewed. Any changes to this Privacy Statement will become effective when the updated Statement is posted.

HOW YOU CAN ACCESS AND CORRECT YOUR INFORMATION

You can review and change your personal information by logging into your account on our Website. You may also send us a notice in writing by email to [email protected] to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

CONFIDENTIALITY & DATA SECURITY

UMCH undertakes commercially reasonable efforts to safeguard the identity, preferences and other information it has collected about individual users and will not knowingly allow access to this information by anyone other than the user or as described in this Privacy Policy. UMCH, its affiliates, and third parties acting on its behalf have invested in servers, database, backup, firewall and encryption technologies to protect the information collected by them. Their security architecture includes these technologies.

In spite of this, no security measure can be completely guaranteed.  We do our best to protect your personal information, but we cannot guarantee the security of any information you transmit through our Website. Any transmission of personal information is at your own risk. Please note that we are not responsible if privacy settings or security measures are circumvented by any third party. You should also do your part in protecting your information. Your Login Credentials are confidential, and you are obligated to keep your Login Credentials secret and confidential at all times and to use your best efforts to protect their secrecy and confidentiality. Please be cautious when sharing information in public areas of the Website, such as message boards. App users may view the information you share in public areas.

YOUR RIGHTS CONCERNING YOUR INFORMATION

Our goal is to keep your information as accurate as possible. If you wish to review, change, or have your details corrected, you can write to us at any time, we may require evidence of your identity. In order to contact us regarding your information please e-mail us at [email protected]. Please note that if we close or if you request us to close your Gaming Account for any reason, your personal details will be retained for such period as may be required under applicable anti-money laundering regulations or other license and/or regulatory requirements.

CONTACT US

If you have any questions or concerns about this Privacy Policy  or if you believe that there has been a breach of privacy or data security, or if you would like to exercise the choices by submitting a verifiable consumer request discussed above, please contact us (a) by phone (970) 565-8800, (b) by postal mail to Ute Mountain Casino Hotel, 3 Weeminuche Drive, Towaoc, Colorado 81334, or (c) by email to [email protected].