Privacy policy

Eureka Casinos is the owner and operator of The Brook in Seabrook, New Hampshire. Because we value your patronage and respect your privacy, we are providing you with this Privacy Policy ("Privacy Policy"). This Privacy Policy is applicable to The Brook and to the following website: www.livefreeandplay.com ("The Brook Website," "us" or "we").

Please review this Privacy Policy carefully. You may contact us at marketing@eurekanh.com, call (603) 474-3065, or write to The Brook, Attn: Privacy Policy, 319 New Zealand Rd, Seabrook, NH 03874.

When you use our Services, we collect information in three ways: Information you provide to us – for example: when you enter personal information into the forms on the website or when you participate in a promotion; Information we collect when you use our Services – using "cookies" and other technologies to assess how you use the Services; and Information we receive from third parties – e.g. third-party analytics or advertising providers.

1. PERSONAL INFORMATION

"Personal Information" is information through which you can be identified. We collect Personal Information that you provide voluntarily on the Website and at The Brook. We also collect Personal Information that you provide voluntarily by e-mail, postal mail, telephone, and other means. Personal Information that we may collect through the Website includes your first and last name, date of birth, postal address, e-mail address or other online identifier, telephone number, fax number, gender, credit card information, gaming activity, and your purchase information. In addition to the Personal Information listed above, Personal Information that we may collect at The Brook includes driver's license number and state, social security number, passport information and naturalization information. When you complete a marker play application on the Website or at the Brook, we may also collect the name of your firm, your firm’s address and telephone number, your position with the firm, and banking information (including the name and address of your primary and secondary banks along with your account numbers).

We may combine Personal Information with other generally or publicly available information to help us identify your preferences or interests. Your Personal Information may also be merged with Personal Information available from other sources, including (1) e-mail address or postal address append services; (2) credit card verification and credit services; and/or (3) other resorts, casinos, or properties that are owned, operated, or affiliated with The Brook or its parent companies or subsidiaries or Partners. Some Personal Information described above is considered “Confidential Personal Information.” Confidential Personal Information includes your name associated with one or more of the following: date of birth, credit card information, driver’s license number, state ID card, social security number, passport information and naturalization information.

2. NON-PERSONAL INFORMATION

"Non-Personal Information" is information about you or your activities through which you cannot be personally identified. When you use the Internet, your web browser or client software may transmit certain information to the servers that host the web sites you visit. The information may include the unique number assigned to your server or Internet connection, your geographic location, and your movement within and interaction with the Brook Website, including what pages you look at and what information you download. When you visit The Brook Website, our servers collect such Non-Personal Information. We use this Non-Personal Information for a variety of purposes including to generate aggregate statistics about visitors to The Brook Website. In situations where it is possible to do so, Non-Personal Information may be linked to Personal Information.

3. INFORMATION COLLECTED UTILIZING COOKIE TECHNOLOGY

The Brook Website utilizes a website technology known as "cookies." A cookie is a small file that contains information sent by a website that is saved on your hard drive by your computer's browser. Cookies store information that a website may need to personalize your experience and to gather website statistical data, such as which web pages you visit, what material you download, your Internet service provider's domain name and country, and the addresses of websites you visited immediately before and after visiting a particular website. The Brook Website uses cookies to collect and store your preferences for viewing The Brook Website, such as whether you disable a particular function, so that you will not have to disable the same function on following visits. The cookie information may also be used to detect and resolve website problems and to assist with customer support concerns.

In addition, The Brook Website utilizes cookies to provide a unique identifier to your computer. This helps us to generate statistics regarding usage of The Brook Website, such as the percentage of repeat visitors. In situations where The Brook has Personal Information, the unique identifiers may be matched with Personal Information. Our Services include social media features, such as Facebook, Instagram or Twitter buttons. These features may collect your IP address, which page you are visiting while using our Services, and any Facebook cookies on your device (including your Facebook ID). These features may set cookies to enable the feature to function properly. Please note that the social media services may collect this information, even if you are not logged in to the relevant social media account when you are using the Services. Your interactions with these features are governed by the privacy policy of the company providing it.

To browse the Internet and The Brook Website without using cookies, you can configure your browser to reject all cookies or to notify you when each cookie is offered so that you can accept or reject each cookie. However, if you reject all cookies, you may not be able to conduct some transactions or use some services on The Brook Website.

4. INFORMATION COLLECTED FROM PARTNERS

We may obtain Personal Information from carefully selected business partners and other entities that direct you to, or are located at, The Brook Website and/or the Brook (collectively, "Partners"). We may use Personal Information obtained from our Partners in accordance with the terms of this Privacy Policy. We generally have no control over how our Partners use Personal Information they collect from or about you. Therefore, if you provide Personal Information to our Partners, we encourage you to consult our Partners' privacy policies for more information about their privacy protection practices.

5. INFORMATION COLLECTED BY OTHER THIRD PARTIES

Certain transactions and services offered while visiting The Brook Website may be processed or provided by third parties under contract with us for fulfillment and other purposes. When your Personal Information is submitted to these third parties for such purposes, we require those third parties to exercise reasonable care to protect your Personal Information and restrict the use of your Personal Information to the purposes for which it was provided.

• HOW WE USE THE INFORMATION WE COLLECT
• USES BY THE BROOK
• USE FOR MARKETING PURPOSES

We may use Personal Information and Non-Personal Information for our own marketing purposes, including notifying you of special promotions, offers and events via postal mail, e-mail, telephone, text messaging, social media and other means. We will not permit Confidential Personal Information to be used for marketing purposes. If you do not want us to use your Personal Information for marketing purposes, you may opt-out of such uses by notifying us (see Section V below).

We may use Personal Information, including Confidential Personal Information, and Non-Personal Information for purposes unrelated to marketing, including: responding to your inquiries, complaints and other communications; processing and fulfilling reservations and/or purchases and making a record of such reservations and purchases; contacting you for confirmation or customer service after reservations and purchases are made or after you sign up for or participate in certain activities; for statistical or demographic analysis; to seek your views or comments on the Services we provide; to verify your identity or prevent or detect fraud or other unauthorized or illegal activity; to help improve The Brook Website and services; to customize your experience at The Brook Website; and to enforce this Policy and any other terms to which you have agreed.

Opting-out of the use of your Personal Information for marketing purposes will not prevent your Personal Information, including Confidential Personal Information, from being used for non-marketing purposes.

1. SHARING WITHIN THE BROOK AND WITH SUBSIDIARIES

Your Personal Information and Non-Personal Information may be shared for any purpose among The Brook and The Brook Website. Your Personal Information and Non-Personal Information may also be shared for any purpose with The Brook parent companies and subsidiaries not covered by this Privacy Policy, and any other resorts, casinos, or other properties that are owned, operated by or affiliated with The Brook or its parent companies or subsidiaries (collectively, "Affiliates"). Your Confidential Personal Information will only be shared to the extent necessary to permit The Brook to validate your identity for the purposes of extending credit, completing a purchase transaction, recording of gaming related activity or other legitimate non-marketing business needs. If you do not want your Personal Information to be shared among The Brook, The Brook Website and Affiliates for marketing purposes, you may opt-out of such sharing by notifying us (see Section V below).

2. SHARING WITH PARTNERS AND OTHER THIRD PARTIES FOR NON-MARKETING PURPOSES

Although you may request to opt-out of sharing Personal Information for marketing purposes, we reserve the right to disclose Personal Information, including Confidential Personal Information, to our Partners and other third parties for the following purposes:

1. for non-marketing purposes, including reservation or purchase fulfillment;
2. in the event of a transfer to a third party of all or substantially all of the assets of The Brook, and/or any The Brook Websites;
3. to comply with a court order, subpoena, search warrant or other valid legal process;
4. to comply with legal, regulatory or administrative requirements of any governmental authorities;
5. to investigate, remedy, or enforce potential violations of this Policy;
6. to protect the rights, property and safety of us, our users, or others;
7. to protect and defend The Brook, its subsidiaries and affiliates, and all of their officers, directors, employees, attorneys and agents in connection with any legal action, claim or dispute;
8. to satisfy any contractual obligation to indemnify its contractors, Partners or other third parties in connection with any legal action, claim or dispute;
9. to prevent imminent physical harm or threats to public safety;
10. to third party vendors that The Brook may use to perform functions on behalf of The Brook, such as companies that process credit card transactions
11. to prevent fraud or other illegal activity; and
12. to engage in debt collection.

When we provide Personal Information to our Partners and other third parties for such purposes, we require those Partners and third parties to exercise reasonable care to protect your Personal Information and restrict the use of your Personal Information to the purposes for which it was provided.

We will retain your personal information for as long as necessary in order to fulfill the purposes we collected it for and as set out in this Privacy Policy and for the purpose of satisfying any legal, accounting, or reporting that apply to us. For example, we retain contractual documents for long enough to ensure they are available to us if we need them to resolve disputes. When determining how long to keep your personal information we consider the amount, nature, and sensitivity of that personal information, the potential risk of harm from its unauthorized use or disclosure, the purposes for which we process it and whether we can achieve those purposes through other means.

1. MANAGING YOUR INFORMATION PREFERENCES

You can manage your information preferences in the ways listed below. Any request relating to your information preferences may be communicated to us in one of the following ways:

Via Email: marketing@eurekanh.com
Via Phone: (603-474-3065)
Via Mail: The Brook, Attn: Privacy Policy, 319 New Zealand Rd, Seabrook, NH 03874.

Updating your information: You can contact us in any of the ways listed above if you need to access, update, or delete other personal information that we may have.  To protect your privacy, before we give you access or let you update your information, we may ask you to verify your identity or provide additional information. We may reject a request for a number of reasons, including, for example, that the request risks the privacy of other users, requires technical efforts that are disproportionate to the request, is repetitive, or is unlawful.

Emails: You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We will retain your email address in order to be able to abide by your opt out choice. We make efforts to promptly process all unsubscribe requests. You may not opt out of service-related communications.  If you have any questions, you can contact us directly in any of the ways listed above.  Unsubscribing or opting out of communications with us will not stop communications you receive from third parties separately. Please review their terms and conditions for relevant options for opting out of their communications.

Analytics:  You can control the information provided to Google and opt out of certain ads provided by Google by using any of the methods set forth at http://www.google.com/policies/privacy/partners/ or using the Google Analytics opt out browser add-on at http://tools.google.com/dlpage/gaoptout?hl=en.

Cookies and other technologies: Persistent cookies can be removed by following your web browser's directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Services may not function properly if the ability to accept cookies is disabled.

Turning off your browser’s cookies will also prevent web beacons from tracking your specific activity. The web beacon may still record an anonymous visit from your IP address, but unique information will not be recorded. If you do not want to receive tracking pixels, you will need to disable HTML images in your email client, which may affect your ability to view images in other emails that you receive. To find out how to see what cookies have been set and how to reject and delete the cookies, please visit: http://www.aboutcookies.org.

Advertising: You can understand which third parties have currently enabled cookies for your browser or mobile device and how to opt out of some of those cookies by visiting the Network Advertising Initiative’s website at http://optout.networkadvertising.org/#!/; or the Digital Advertising Alliance’s website at http://optout.aboutads.info/#!/ For more information on mobile-specific opt-out choices, please visit http://www.networkadvertising.org/mobile-choices.

On your mobile device you may have features that allow you to opt out of some targeted advertising ("Limit Ad Tracking" on iOS devices or "Opt out of Interest-Based Ads" on Android). To learn more about how these opt-out features work, please review your device settings. Even if you disable the tracking, keep in mind that you may still receive interest-based advertising, including from third parties with whom your information had been previously disclosed and that you may still receive advertising from third parties, though such advertising may not be based on your interests and preferences.

Telemarketing:  Although you may have registered your telephone number on a Federal or State do not call list, certain exemptions (for example, for communicating with established customers) may allow us to contact you via telephone. However, to ensure our customer’s preferences are honored, we also maintain our own internal “Do Not Call” list. If you would like to opt out of receiving telemarketing sales calls from us by adding your telephone number to our internal Do Not Call list, you may email us at marketing@eurekanh.com, or call (603) 474-3065.

The security of your personal information is important to us. We therefore maintain reasonable physical, technical and administrative security controls to protect and limit access to your personal information. Please keep in mind, however, that no method of data transmission over the Internet or electronic storage technology is 100% secure. Although we strive to protect your personal information, we cannot guarantee the absolute security of any information you transmit to us. We therefore encourage you to share personal information with caution.

We cannot enforce or control the security of the computers, electronic devices, or electronic communication method that a consumer may utilize to send e-mails and submit information to us over the Internet. You are responsible for ensuring that the computers, electronic devices and electronic communication methods you utilize will provide adequate security for communicating with us. We are not responsible for the disclosure or interception of your information before we receive it.

1. CONNECTIONS (LINKS) TO THIRD PARTY WEBSITES

The Brook Website may connect (link) you to unaffiliated third-party sites, including sites operated by our Partners, and may frame third-party content. These sites may also collect cookies or other information, or allow third-party advertisers on their sites to collect cookies or other information. We are not responsible for, and cannot control the information collection or privacy practices of those websites of framed third-party content.

It is important that you review and understand the privacy policies posted on any linked websites you visit.

2. DO NOT TRACK

We do not support Do Not Track ("DNT") at this time. DNT is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser. For further details, visit https://www.eff.org/issues/do-not-track.

3. PERSONS UNDER AGES 18 AND 21

We reserve the right to verify your age at any time for any reason and may refuse admittance or service to a person who does not have valid age identification at any time. Certain areas and activities at The Brook and The Brook Website are intended for use only by persons 18 and 21 years of age or older. If you are under the age of 18 and 21, we ask that you do not access or attempt to access any portions of the Websites that are restricted to persons age 18 and 21 or older, including but not limited to any Websites containing password-restricted information.

We do not knowingly collect or allow the collection of Personal Information from persons under the age of 18. If the parent or guardian of a person under 18 believes that the person has provided us with Personal Information, the parent or guardian of that person should contact us at marketing@eurekanhh.com and request that such Personal Information be deleted from our files. If a person under the age of 18 submits Personal Information, we delete the information as soon as we discover the source of the submission, and we do not use the information for any purpose.

This section of our Privacy Policy provides certain required information to persons located in the European Union ("EU"), a European Economic Area ("EAA") member state, or Switzerland. Before we collect any personal information from you, you are entitled under Regulation (EU) 2016/679 (commonly known as the EU General Data Protection Regulation, or the "GDPR"), to the information in this section of our Privacy Policy.

Purposes and Legal Basis for Processing Personal Information

We will only process your Personal Information for lawful purposes under the GDPR related to The Brook's business and arising from your relationship with The Brook. The Brook will ordinarily collect and process your Personal Information because it is necessary for the performance of a contract to which you are a party or because Seabrook has another legitimate interest in doing so. When The Brook cannot rely on either of such legal grounds, it will seek your prior consent.

Rights of Residents of the European Union (EU). If you use The Brook Website and reside in the EU, EAA, or Switzerland, you are entitled by law to access, correct, amend, or delete Personal Information about you that we hold. A list of these rights is below. Please note that these rights are not absolute and certain exemptions apply.

• The right to access. You have the right to ask us for copies of your Personal Information. This right has some exemptions, which means you may not always receive all the Personal Information we collect and process. When making a request, please provide an accurate description of the Personal Information you want access to.
• The right to rectification. You have the right to ask us to rectify information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
• The right to erasure. You have the right to ask us to erase your Personal Information in certain circumstances, including: (i) when your Personal Information is no longer necessary for the purposes for which it was collected or processed, or (ii) your Personal Information must be erased to comply with a legal obligation in EU Union or Member State law.
• The right to restrict processing. You have the right to ask us to restrict the processing of your Personal Information in certain circumstances, including: (i) when the accuracy of the Personal Information is brought into question, or (ii) when we no longer need the Personal Information for purposes of the processing but you require such Personal Information for the establishment, exercise, or defense of a legal claim.
• The right to object to processing. You have the right to object to processing of your Personal Information.
• The right to data portability. You have the right to ask that we transfer the Personal Information you gave us from one organization to another, or give it to you.
• The right to lodge a complaint with the supervisory authority. If you believe your rights under the GDPR have been violated, the GDPR gives you the right to file a complaint with the supervisory authority. A list of Supervisory Authorities is available here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

To exercise these rights please contact us at marketing@eurekanh.com. For your protection, we may need to verify your identity before responding to your request. In the event that we refuse a request, we will provide you a reason as to why.

Right to Withdraw Consent

If The Brook obtains your written consent to collect and process your Personal Information, you can subsequently withdraw such consent as to any further processing of such data by contacting us at marketing@eurekahn.com.

Cross-Border Transfers of Personal Information

Personal Information that you provide while in the EU, an EAA member state, or Switzerland will be transferred to the United States. The GDPR permits such transfer when necessary for the performance of a contract between you and The Brook, if The Brook obtains your explicit consent to such transfer, or if it is The Brook's legitimate interest to transfer the Personal Information. The laws in the United States may not be as protective of your privacy as those in your location. However, when transferring Personal Information to and processing Personal Information in the United States, The Brook will implement appropriate safeguards and process the Personal Information in accordance with the terms of this Privacy Policy. By using The Brook Website, you agree to the transfer and processing of your Personal Information to the United States.

Retention of Your Personal Information

We will retain your Personal Information until the Personal Information is no longer necessary to accomplish the purpose for which it was provided. We may retain your Personal Information for longer periods for specific purposes to the extent that we are obliged to do so in accordance with applicable laws and regulations, to protect individuals from fraud and abuse, as necessary to protect our legal rights, or for certain business requirements.

We reserve the right to revise this Privacy Policy at any time without notice. When this Privacy Policy is updated, the revised Privacy Policy will be available at The Brook and will be posted on The Brook Website. If we make changes that materially affect your privacy rights we will notify you of the changes by posting a prominent notice at The Brook and The Brook Website or using other methods that we select, such as sending you an email. Any revised Privacy Policy will only apply prospectively to Personal Information or Non Personal Information collected or modified after the effective date of the revised policy. You should periodically review the Privacy Policy available at The Brook and The Brook Website for revisions. You are encouraged to bookmark The Brook Website to check for updates and take or print out copies of the Privacy Policy for your records.

1. All NH Phonebet telephone conversations are recorded and confidentially stored. Accounts queries will be resolved by a review of the recordings by the NH Phonebet Business Office Staff. Where a disagreement arises with respect to the correctness of a bet, the recorded bet transaction data restated back to the NH Phonebet account holder by the operator and acknowledged by the NH Phonebet account holder as correct, shall be considered the bet.
2. NH Phonebet wagers cannot be cancelled once they have been verified and accepted by the NH Phonebet account holder and the phone call has been terminated. Problems on current day betting must be directed to the NH Phonebet Supervisor
3. Reward programs are available. Please call Player services 603-474-3065 ext. 268 for information.
4. This service has been approved by the NH Pari-Mutuel Commission. It is not intended to be an offer or solicitation in states where prohibited. Please consult the Attorney General or your own attorney, regarding your own state law.
5. NH Phonebet accounts bear no interest.
6. You must open your account in person with cash or money orders.
7. You can wager on all simulcast tracks that The Brook offers.

We’re focused on making our website accessible and functional for all our users, including those who may have disabilities. In doing so, we look to the Web Content Accessibility Guidelines (“WCAG”) 2.0, Levels A and AA. We primarily use automated tools to assist in assessing and in improving the accessibility of our website. We view accessibility as an ongoing effort, and if you encounter an accessibility issue, us at marketing@eurekanh.com, call (603) 474-3065, or write to: The Brook, Attn: Accessibility, 319 New Zealand Rd, Seabrook, NH 03874.

CONTACT US

If you have any questions regarding this Privacy Policy, please contact us at marketing@eurekanh.com, call (603) 474-3065, or write to:

The Brook, Attn:Privacy Policy
319 New Zealand Rd
Seabrook, NH 03874
Effective Date: May 1, 2021