NEVADA (NV)

Nevada law gives consumers in Nevada the right to restrict certain businesses from selling certain personal information to unaffiliated third parties if those third parties will license or sell such personal information to additional third parties. To exercise this right (for Nevada residents only), please fill out our MARKETING OPT-OUT form and follow the instructions and provide the requested information including your complete name, street address, city, state, zip code, and email address.

CALIFORNIA (CA)

SHINE THE LIGHT LAW

California law requires certain businesses to respond to requests from California residents asking about the disclosure of Personal Information to third parties for third party marketing purposes. Alternately, such businesses may adopt a policy of not disclosing Personal Information to third parties for marketing purposes if a California resident has opted-out of such information sharing.

If you wish to opt-out of our sharing your Personal Information with third parties for marketing purposes, please see the instructions in SECTION 5.

CALIFORNIA RESIDENT CONSUMER PRIVACY & PRIVACY RIGHTS ACT

If you are a California consumer, please see the Section below called “California Consumer Privacy Statement” for more information about privacy rights under the California Consumer Privacy Act of 2018 (as amended by the California Privacy Rights Act of 2020 and 2023 and its implementing regulations (such rights are collectively, “California Privacy Rights”).

CALIFORNIA RESIDENT CONSUMER PRIVACY STATEMENT

We may collect (and may have collected during the 12-month period prior to the Last Updated date of this Privacy Policy) the following categories of personal information about you:

• Identifiers: Identifiers such as name, e-mail address, postal mail address, telephone number, date of birth, credit card number, passport number, driver’s license number, bank account number, social security number, and internet protocol address.

• Additional Data Subject to Cal. Civ. Code § 1798.80(e): Including signature, physical characteristics or description, state identification card number, insurance policy number, education, debit card number, and other financial information, medical information, and health insurance information.

• Protected Classifications: Characteristics of protected classifications under California or federal law, such as race, color, national origin, age, sex, gender, gender identity, sexual orientation, and military and veteran status.  

• Commercial Information: Entertainment, travel, dining, lodging, purchase history, and business transactions.

• Biometric Information: Biometric-related information including physiological or biological characteristics used to establish individual identity, such as fingerprints or facial recognition.

• Online Activity: Internet or other similar electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications, or advertisements.  

• Sensory Information: Audio, electronic, visual, thermal, olfactory, or similar information.

• Employment Information: Professional or employment-related information; union membership.  

• Education Information: Defined by California Privacy Rights as education information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act.

• Inferences: Inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
• Geo Location Data

BUSINESS OR COMMERCIAL PURPOSES FOR COLLECTING PERSONAL INFORMATION

We may use (and may have used during the 12-month period prior to the Last Updated date of this Privacy Policy) the categories of personal information listed above for the purposes described in our Privacy Policy. In addition, we may use these categories of personal information for certain business or commercial purposes, as follows:

• Auditing & Analytics: Counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.

• Security: Helping to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for these purposes.

• Debugging: Identify and repair errors that impair existing intended functionality.

• Short-term, transient use, including, but not limited to, nonpersonalized advertising shown as part of a consumer’s current interaction with our business. 

• Performing services on behalf of our business, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of our business.

• Providing advertising and marketing services to the consumer, except for cross-context behavioral advertising, as that term is defined under applicable law.

• Undertaking internal research for technological development and demonstration.  

• Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by our business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by our business.

CATEGORIES OF SOURCES FROM WHICH INFORMATION WAS COLLECTED 

During the 12-month period prior to the Last Updated date of this Privacy Policy, we may have obtained personal information about you from the following categories of sources:

• Information you provide directly to us and that is collected at Ahern Hotel.

• Information automatically collected through Ahern Hotel websites, social media platforms, and online advertising services.

• Information obtained from other sources, including service providers, contractors, third-party services, data analytics providers, other vendors, joint marketing and business partners, recruiting and talent agencies, job references, such as your employers or teachers, data brokers, such as public databases, credit bureaus, credit reporting service providers and background check services, and government-related entities.

• Information we automatically collect through the Ahern Hotel mobile apps, including location information.

• Information we automatically collect when you use our Wi-Fi services.

• Information we automatically collect from mobile devices at Ahern Hotel.

• Other information we collect related to your gaming and purchase history and interactions with us.

SALE OR SHARING OF PERSONAL INFORMATION

We do not sell your personal information in exchange for monetary compensation. We may sell or share your personal information for non-monetary compensation by allowing certain third parties (such as online advertising services and marketing partners) to collect personal information (i) via automated technologies on our websites and appsfor cross-context behavioral advertising purposes and/or (ii) for marketing-related purposes. This kind of sharing may be considered a “sale or sharing” under California law when the personal information is exchanged for non-monetary compensation. You have the right to opt out of these types of disclosures of your information.

We may sell or share for cross-context behavioral advertising purposes and/or marketing-related purposes (and may have sold or shared during the 12-month period prior to the Last Updated date of this Privacy Policy) the following categories of personal information about you to online advertising services and/or marketing partners:

• Identifiers
• Commercial Information
• Online Activity
• Inferences

You have the right to opt-out of this disclosure of your information, as detailed above. We do not have actual knowledge that we sell or share the personal information of minors under 16 years of age.

DISCLOSURE OF PERSONAL INFORMATION

During the 12-month period prior to the Last Updated date of this Privacy Policy, we may have disclosed your personal information to certain categories of third parties, as described below.

We may have disclosed the following categories of personal information about you for a business purpose to the following categories of third parties:

• Identifiers: Third party service providers; third party business partners; credit reporting agencies; data analytics providers; digital advertising providers; internet service providers; operating systems and platform providers.

• Additional Data Subject to Cal. Civ. Code Section 1798.80(e): Third party service providers; third party business partners; credit reporting agencies; data analytics providers.

• Protected Classifications: Third party service providers; third party business partners; credit reporting agencies; data analytics providers.

• Commercial Information: Third party service providers; third party business partners, credit reporting agencies, data analytics providers.

• Biometric Information: Third party service providers; third party business partners.

• Online Activity: Third party service providers; third party business partners; digital advertising providers; internet service providers; operating systems and platform providers; data analytics providers.

• Geolocation Data: Third party service providers; third party business partners; digital advertising providers; internet service providers; operating systems and platform providers.

• Sensory Information: Third party service providers; third party business partners; credit reporting agencies; data analytics providers; digital advertising providers.

• Employment Information: Third party service providers; third party business partners; credit reporting agencies; data analytics providers.

• Education Information: Third party service providers; third party business partners.

• Inferences: Third party service providers; third party business partners; digital advertising providers.

• Sensitive Personal Information: Third party service providers; third party business partners; credit reporting agencies.

In addition to the categories of third parties identified above, during the 12-month period prior to the Last Updated date of this Privacy Policy, we may have disclosed personal information about you to government or regulatory entities (e.g., in response to subpoenas or gaming regulator requests) and third parties in connection with litigation, investigations, inquiries, requests, audits, or corporate transactions, such as mergers, acquisitions or divestitures.

RETENTION OF PERSONAL INFORMATION

We will retain your personal information for the time period reasonably necessary to achieve the purposes described in this Privacy Policy and this California Consumer Privacy Statement, or any other notice provided at the time of collection, taking into account applicable statutes of limitation and records retention requirements under applicable law.

DEIDENTIFIED INFORMATION

To the extent we process deidentified information, we will maintain and use the information in deidentified form and will not attempt to reidentify the information unless permitted by applicable law.

• California Consumer Privacy Rights: If you are a California resident, you may have certain rights, as described below. These rights, which are discussed more fully below, are subject to some important exceptions, which are intended, among other things, to protect the integrity and privacy of your Personal Information. You have the right not to be discriminated against for exercising your California Privacy Rights. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request. You also have the right to designate an authorized agent to exercise your California Privacy Rights on your behalf. If you need information on how to exercise your California Privacy Rights in an alternative, accessible format due to a disability, please send an email with your name and contact information to marketing@ahernhotel.com.

• Requests To Know About Your Personal Information: You may have the right to request that we disclose to you, for the relevant time period as required by applicable law, the following: (1) the categories of Personal Information we have collected about you, (2) the categories of sources from which Personal Information was collected about you, (3) the business or commercial purpose for which your Personal Information was collected, sold, or shared, and (4) the categories of third parties to whom we have disclosed your Personal Information. In addition, you may have the right to request that we disclose to you the specific pieces of Personal Information we have about you for the relevant time period required by applicable law. We are required to fulfill these requests no more than twice within a 12-montlh period.

• Requests To Delete Your Personal Information: You may have the right to request that we delete your Personal Information, subject to certain exceptions such as our need to comply with legal obligations, fulfill orders, and complete transactions. 

REQUESTS TO OPT-OUT OF SALE OR SHARING OF YOUR PERSONAL INFORMATION

You have the right to opt-out of having your Personal Information sold to or shared with third parties.

The use of certain cookies (such as certain cookies placed by third parties) on our sites may constitute a sale or sharing of personal information under California Privacy Rights. In addition to submitting your request or calling us, as described below in “How To Submit A Request,” you must access the Ahern Hotel Cookie Settings page at your device and turn off Targeting Cookies to fully exercise your California Privacy Rights opt-out rights. The cookie preference tool is device and browser specific. If you delete or clear cookies or change devices or browsers, you will need to reset your cookie preferences using the tool.

Please note that even if you opt-out of the sale or sharing of your Personal Information, we may still (a) disclose your Personal Information to service providers, contractors, and other entities for business or commercial purposes consistent with the California Privacy Rights, and (b) disclose your Personal Information in connection with certain business transactions consistent with Section 3 (“How We Use The Information We Collect”) above.

With respect to cookies and similar technologies, we disclose the categories of Personal Information listed below for online advertising purposes, and/or marketing-related purposes, to provide third party social network features and functionality on our websites. During the 12-month period from the Last Updated date of this Privacy Policy, we may have sold or shared (as defined under California Privacy Rights) the following categories of Personal Information about you to online advertising services, social networks, and/or marketing partners: Identifiers, Commercial Information, Online Activity, and Inferences.

• Requests To Correct Inaccurate Personal Information: You have the right to request that we correct your inaccurate Personal Information, subject to certain exceptions.

• Use And Disclosure Of Sensitive Personal Information: We do not use or disclose Sensitive Personal Information (as defined under California Privacy Rights) for purposes of inferring characteristics about a consumer.

HOW TO SUBMIT A REQUEST

If you are a California resident, and wish to submit a Request to Know, Request to Delete, Request to Opt-out of Sale or Sharing, or Request to Correct Inaccurate Personal Information, please fill out our MARKETING OPT-OUT form or call (725) 214-4800 and provide the identifying information requested.

All Requests to Know, Delete, and Correct are subject to verification of your identity to protect the privacy and security of your Personal Information.

• Verification Procedures: In order to verify requests made pursuant to the California Privacy Rights, we may require at least two (2) pieces of identifying information (e.g., email address, street address, etc.) that match information maintained by us. In some cases, we may require additional identifying information and a signed declaration attesting to your identity. If you do not respond to our emails or other communications, or fail to timely provide information we request, we may be unable to fulfill your request.
  A Request to Opt-out of Sale or Sharing need not be verified. However, if we have a good-faith, reasonable basis to believe that an opt-out request is fraudulent, we may deny the request and provide an explanation of the reason for the denial. In certain circumstances, we may decline a request to exercise the Right to Know, Right to Delete, or Right to Correct Inaccurate Personal Information described above, particularly where we are unable to verify your identity.

• Authorized Agent: If you would like an authorized agent to submit a privacy request on your behalf, please have the authorized agent fill out our MARKETING OPT-OUT form or call (725) 214-4800 and provide the requested identifying information of both you and your authorized agent. We may need to contact you as these requests may include additional validation steps depending on the nature of the request. If we receive a request from an authorized agent on your behalf, we may: (a) require authorization signed by you to verify that the agent is, in fact, authorized to act on your behalf; and (b) take steps to verify your identity. These steps are intended to protect the privacy and security of your Personal Information.

• Ahern Rewards & Notice of Financial Incentive: Based on your commercial activity and other factors, we may offer you various financial incentives such as discounts and special offers when you provide us with Personal Information (such as your name, email address, phone number, postal address, and date of birth) to, sign-up for our loyalty program, Ahern Hotel Rewards. When you sign-up for our loyalty program, you opt-in to receive financial incentives.  Under our Ahern Hotel Rewards program, you can receive financial incentives (benefits) based on certain purchases and other activities related to gaming, dining, hotel, entertainment, and more. You can join (opt-in to) the Ahern Hotel Rewards program and find program details, terms and conditions at Ahern Hotel.  You may withdraw (opt-out) from receiving such financial incentives at any time by deactivating your loyalty program account. To deactivate your loyalty program account, fill out our MARKETING OPT-OUT form and provide your identifying information as requested. The financial incentives offered in connection with Ahern Hotel Rewards are reasonably related to the value of a consumer’s data including the commercial activities of such consumer. We calculate the value of a consumer’s data based on various factors, including the consumer’s commercial activities and the expenses related to the offer, provision, or imposition of the financial incentives (benefits) to such consumer.

VIRGINIA(VA)

If you are a Virginia resident, you have the right to know the categories of Personal Information we process, the purpose for which Personal Information was processed, the categories of Personal Information shared with third parties, if any, and the categories of third parties, if any, with whom the information was shared.  Virginia residents also have the right to (A) confirm whether or not we are processing your Personal Information and to access such Personal Information; (B) request that we correct your inaccurate Personal Information; (C) request that we delete your Personal Information; and (D) opt-out of processing of your Personal Information for purposes of targeted advertising. These rights, which are discussed more fully below, are subject to certain exceptions, which are intended, among other things, to protect the integrity and privacy of your Personal Information.  

• Requests to Know about Your Personal Information: You have the right to request that we confirm whether or not we are processing your Personal Information and to access such Personal Information.  If you are a Virginia resident, and wish to request this information, please fill out our MARKETING OPT-OUT form or call (725) 214-4800 and indicate that you wish to request this information and provide the identifying information requested. All requests are subject to authentication of your identity to protect the privacy and security of your Personal Information.  

• Requests to Correct Inaccurate Personal Information: You have the right to request that we correct your inaccurate Personal Information, subject to certain exceptions. If you are a Virginia resident and wish to request correction of your inaccurate Personal Information, please fill out our MARKETING OPT-OUT form or call (725) 214-4800 and indicate that you wish to request correction of your inaccurate Personal Information and provide the identifying information requested. All correction requests are subject to authentication of your identity to protect the privacy and security of your Personal Information.

• Requests to Delete Your Personal Information: You have the right to request that we delete the Personal Information you provided to us or that we obtained about you, subject to certain exceptions. If you are a Virginia resident, and wish to request deletion of your Personal Information, please fill out our MARKETING OPT-OUT form or call (725) 214-4800 and indicate that you wish to request deletion of your Personal Information and provide the identifying information requested. All requests are subject to authentication of your identity to protect the privacy and security of your Personal Information.

• Requests to Opt-Out of Processing for Specified Purposes: You have the right to opt-out of the processing of your Personal Information for purposes of targeted advertising. If you are a Virginia resident and wish to opt-out please fill out our MARKETING OPT-OUT form or call (725) 214-4800 and indicate that you wish to request to opt out and provide the identifying information requested. In addition to submitting your request or calling us, you must access the Ahern Hotel Cookie Settings page at your device and turn off Targeting Cookies to fully exercise your Virginia Privacy Rights opt-out rights.  If you delete or clear cookies or change devices or browsers, you will need to reset your cookie preferences using the tool.

• Right to Appeal Ahern Hotel’s Decisions Regarding Your Requests: If you are a Virginia resident, you may appeal our decision with respect to a request you have submitted by filling out our MARKETING OPT-OUT form or call (725) 214-4800 and indicating that you wish to appeal our decision.

COLORADO (CO), UTAH (UT) AND CONNECTICUT (CT)

You may have the right to: (1) know what personal information we collect, use, disclose, and sell; (2) request that we delete your personal information; (3) access and obtain a copy of your personal information that we collect; (4) request correction of inaccurate personal information; (5) opt out of targeted advertising; or (6) limit the use and disclosure of certain sensitive information. In addition, we may not discriminate against you for exercising any of your rights. We will honor your request to the extent required by applicable law and will make a good faith effort to honor your request in all other cases.

To exercise your right to access, delete, or correct your personal information, you may fill out our MARKETING OPT-OUT form or call (725) 214-4800. For requests submitted via telephone, you must provide us with sufficient information that allows us to reasonably verify you are the person about whom we collected the personal information and describe your request with sufficient detail to allow us to properly evaluate and respond to it. If we are not able to verify your identity for access and deletion requests with the information provided, we may ask you for additional pieces of information.