Privacy Policy

1. General

PAC-MAN NV processes the personal data of Users of the Site, for the purposes and within the limits of Privacy Policy, during any visit or use of it.

PAC-MAN NV ensures that, when processing these personal data, it complies with the laws and regulations in force and, in particular, with European Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal details (hereinafter “the Regulation”).

In this regard, and in accordance with the said Regulation, PAC-MAN NV:

• Is legally obliged to process personal details of Users. This treatment
• is described in section 2.1 of the Privacy Policy;
• Processes personal data for the purpose of enabling Users to use the Site and, in addition, for the necessary and legitimate purposes described in Article 2.2 of the Privacy Policy;
• Processes, with the prior, free and explicit consent of Users, the personal data
• personnel described in and for the purposes set out in Article 3.

Users are deemed, by accessing and using the Site, to have read and accepted the Privacy Policy. They also guarantee that the data and information communicated to PAC-MAN NV is accurate.

2. Processing of personal data not requiring the consent of Users

2.1. The legal obligations of PAC-MAN NV and the processing necessary for the use of the Site

PAC-MAN NV is obliged, under the legal and regulatory obligations to which all online gambling operators and bets are subject, on the one hand, and for the purpose of authenticating and enabling Users to use the Site, on the other, to process the following personal details for the purposes described below. This processing of personal data carried out by PAC-MAN NV does not require the consent of Users pursuant to Article 6.1.b) and c) of the Regulation.

The personal data communicated by the User are stored in a register, as described in Article 7.1, which is controlled and remains under the responsibility of PACMAN NV.

a.    What data are processed?

The personal data processed are as follows:

• surname, first name(s), date of birth, language, sex, home/mailing address, National Register Number (or identity card or passport number), email address, landline or mobile phone number;
• bank data used for deposit transactions on the Site, and winnings withdrawals;
• copies of personal documents enabling the authentication of Users, such as the photo of the identity card, an account extract, proof of deposits or any other document likely to prove the User’s domicile and/or residence;
• browsing and activity histories of the User on the Site, including gaming histories (casino and sports betting), transactions (winnings and losses, deposits, withdrawals), connections (browser data, IP address), in particular through cookies;
• any other information that may be exchanged between PAC-MAN NV and the User, in particular by email or live chat, as part of his registration or the User’s use of the online games and bets offered on the Site.

b. What is the processing performed by PAC-MAN NV?

The processing consists in the collection, recording, storage, consultation, organization, use, reconciliation or other operations made necessary or useful under the legal and regulatory provisions described in Article 2.1.c). The processing may also consist in the transfer of personal data:

• judicial and administrative authorities, such as the Gaming Commission or the Financial Intelligence Processing Unit (CTIF-CFI);
• PAC-MAN NV suppliers, whose services are inseparable from the use of the Site and whose list is available on request from the Contact referred to in Article 7.5;

c. What are the purposes of this treatment?

1°) PAC-MAN NV is obliged to process the personal data described in sections 2.1.a) and b) in order to comply with the legal and regulatory obligations to which it is obliged under, in particular, the following legal provisions:

• the law of 18 September 2017 on the prevention of money laundering and terrorism financing and the restriction of the use of cash;
• the Act of 7 May 1999 on games of chance, betting, gambling establishments and the protection of gamblers, in particular the obligations it imposes on operators in terms of management and administration, and its implementing decrees, such as the Royal Decree of 15 December 2004 on the register of access to the gaming rooms of establishments of class I and II gambling.

2°) PAC-MAN NV also processes the personal data referred to in Article 2.1.a) for the purpose of authenticating Users and allowing them to access and use the Site; this processing is therefore carried out in order to ensure:

• the management of registrations and User accounts;
• the management of Users’ deposits and winnings and more generally the provision of online gaming and betting services;
• the User’s information about the services offered by PAC-MAN NV
• Customer Service Management, including support and risk and fraud.

2.2. Other processing operations that do not require the consent of Users

PAC-MAN NV also processes the following personal data for the legitimate purposes described below. This processing of personal data carried out by PAC-MAN NV does not require the consent of the Users under Article 6.1.f) of the Regulation.

The personal data communicated by the User are stored in a register, as described in Article 7.1, which is controlled and remains under the responsibility of PACMAN NV.

a. What data are processed?

The personal data processed are as follows:

• surname, first name(s), date of birth, language, sex, home/mailing address, language, email address, landline or mobile phone number;
• browsing and activity histories of the User on the Site, including game histories, transactions (winnings and losses, deposits, withdrawals), connections (browser data, IP address), in particular through cookies;
• any other information that may be exchanged between PAC-MAN NV and the User, in particular by email or live chat, as part of his registration or the User’s use of the online games offered on the Site.

b. What is the processing performed by PAC-MAN NV?

The processing consists in the collection, recording, storage, consultation, organisation, use, reconciliation of personal data described in Article 2.2.a). It also consists in the transfer of this personal data to third parties, the list of which is available on request from the Contact referred to in Article 7.5.

c. What are the legitimate purposes of the processing?

PAC-MAN NV processes the personal data referred to in Article 2.2(a) for the following legitimate purposes:

• promotion, advertising and marketing relating to the provision of new online games and bets, including the sending of SMS, telephone calls, paper or electronic newsletters ;
• carrying out satisfaction surveys, statistical studies, trend analyses and market research, with the aim of improving online gaming and betting services or informing Users or protecting Users and preventing gambling attendance.

3. Processing of personal data with the consent of Users

By using the PAC-MAN NV Site, for any reason whatsoever, the User manifests his free, specific, informed and unambiguous will to expressly authorize PAC-MAN NV to process personal data in accordance with the Regulation, within the limits and for the purposes defined below and without prejudice to the processing referred to in Article 2.

The personal data communicated by the User are stored in a register, as described in Article 7.1, which is controlled and remains under the responsibility of PACMAN NV.

The User also enjoys the rights, including the right to withdraw his consent at any time, in accordance with the procedures defined in Article 3.4.

3.1. Nature of personal data processed

The data processed by PAC-MAN NV are as follows:

• surname, first name(s), date of birth, language, sex, home/mailing address, National Register Number (or identity card or passport number), email address, landline or mobile phone number;
• bank data used for deposit transactions on the Site, and winnings withdrawals;
• copies of personal documents enabling authentication of Users, such as photo of the identity card, an account extract, proof of deposits or any other document likely to prove the User’s domicile and/or residence;
• browsing and activity histories of the User on the Site, including gaming histories (casino and sports betting), transactions (winnings and losses, deposits, withdrawals), connections (browser data, IP address), in particular through cookies;
• any other information that may be exchanged between PAC-MAN NV and the User, in particular by email or live chat, as part of his registration or the User’s use of the online games and bets offered on the Site.

The personal data communicated by the User are stored in a register, as described in Article 7.1, which is controlled and remains under the responsibility of PACMAN NV at all times.

3.2. Treatment

The processing consists in the collection, recording, storage, consultation, organization, use, reconciliation of personal data described in Article 3.1. It consists of in addition to the transfer of such personal data to third parties, the list of which is available on request from the Contact referred to in Article 7.5.

3.3. Purposes of processing personal data

The personal data are collected and processed by PAC-MAN NV for the following purposes:

• Promotion, advertising and marketing, including affiliation and management of loyalty programs, relating to the offering of online gaming and betting services, including the sending of SMS, phone calls, paper or electronic newsletter, not falling as part of Article 2.2.c), such as the casino business, gambling and offline betting of PAC-MAN NV, including advertising, marketing and management of the affiliation and loyalty programs related thereto;
• Participation in contests and promotional offers, including communication of winners;
• Development of new games and betting offers;
• Conducting satisfaction surveys, statistical studies, trend analysis and market research, for management, marketing and reporting purposes, including profiling, not as part of the purpose described in Article 2.2.c).

4. Rights of the User

Without prejudice to Articles 2 and 5, Users have the right to exercise a right of rectification, opposition and limitation, according to the following methods and within the following limits.

4.1. Right of access

a.   PAC-MAN NV keeps all the following information available to Users:

• the identity and contact details of the controller;
• contact details of the Data Protection Officer
• personal data processed;
• the purposes of the processing for which the personal data are intended and the legal basis for the processing;
• the recipients or categories of recipients of personal data, where applicable;
• and, where applicable, whether the controller intends to transfer personal data to a country outside the European Union and: either the existence (or absence) of a adequacy decision by the European Commission or, in the absence of such a decision, the guarantees offered by the third party country and the means used to obtain a copy of personal data.
• The possibility to object to automated processing of their data, such as profiling, unless justified grounds make such processing necessary, as well as the possibility to object to any processing of their personal details for direct marketing purposes.

b.      Users have the right to request access at any time to all the information set out in this Article and in Article 3.1, by contacting the Contact referred to in Article 7.5. PACMAN NV will respond to these requests for information within one month.

c.      Users have the right to obtain a copy of personal data processed. PAC-MAN NV reserves the right to claim payment of any costs incurred in connection with this request; these costs will be calculated on the basis of the administrative costs incurred in connection with the request; they will not exceed 20 euros.

d.      Users have the right to obtain such access or copy in a structured format, so that the personal data is provided to them in a format that complies with the technical standards in force at the time of the access request; this format will therefore allow it to be read by machine.

4.2. Right of correction

PAC-MAN NV guarantees and obliges Users to update and rectify their personal details, insofar as this data is incorrect or incomplete.

This right of rectification may be exercised on request by contacting the Contact referred to in Article 7.5.

4.3. Right of objection

PAC-MAN NV authorizes Users to object to the processing of all or part of their personal details, for the following reasons:

• their data are inaccurate;
• processing is no longer necessary for the purposes for which the data were collected;
• the User withdraws his consent;
• the data has been processed illegally.

PAC-MAN NV further authorizes Users to object:

• automated processing of their data, such as profiling, unless justified grounds make such processing by PAC-MAN NV necessary;
• to any processing of their personal details for direct marketing purposes, including profiling, if it is related to such direct marketing.

This right to object may be exercised on request by contacting the Contact referred to in Article 7.5.

4.4. Right to be forgotten

PAC-MAN NV also undertakes to comply with any request to erase personal data as soon as possible (right to be forgotten), when:

• processing is no longer necessary for the purposes for which the data were collected;
• the User withdraws his consent;
• the data has been unlawfully processed or is to be deleted under an obligation of law.
• the User objects to automated processing of his data, such as profiling and that there are no just grounds making such processing by PAC-MAN NV necessary;
• the User objects to the processing of his personal details for the purposes of direct marketing, including profiling, if it is related to such marketing.

4.5. Right of limitation

Users also have the right to obtain from PAC-MAN NV the restriction of the processing of their personal data when:

• the User considers that his personal details are inaccurate, and this for the time necessary for PAC-MAN NV to verify their accuracy;
• the processing is unlawful but the User does not wish to delete the data but requests a restriction of processing of the latter;
• the User objects to automated processing, including profiling or processing of his personal details for direct marketing purposes and it is necessary to verify the legitimateness of the reasons why PAC-MAN NV intends to maintain this processing;
• PAC-MAN NV no longer needs the processed personal data but the data subject wishes to have them stored for the establishment, exercise or defence of legal claims;

This right of limitation may be exercised on request by contacting the Contact referred to in Article 7.5.

4.6. Transfer of data to a processor

Users are entitled to transfer their personal details to another controller without hindrance.

Insofar as such a transfer is technically possible, Users are entitled to request PAC-MAN NV to have this transfer carried out directly by its data controller.

4.7. Modalities

The rights granted by PAC-MAN NV to the User must be exercised in accordance with the procedures defined in Article 7.5.

4.8. Notification

PAC-MAN NV will provide the User with a notification of any deletion or rectification of data made in accordance with Articles 4.2 and 4.4, unless such notification proves impossible or imposes disproportionate efforts.

This notification will be made by email or mail, based on the contact information provided by the User.

5. Location, retention and retention of personal data

5.1.   PAC-MAN NV keeps the Users’ personal data in a form that allows their identification and availability and by appropriate and secure means.

The data is stored and hosted in Belgium by Data Center, which offers all the necessary and useful security guarantees according to the technical standards in force.

5.2.  The Users’ personal data are kept by PAC-MAN NV for the purposes defined in Articles 2 and 3. They are kept for a period of 10 years for all purposes governed by Article 2(a); PAC-MAN NV therefore reserves the right to retain Users’ personal details for any purposes imposed on it by law, as a result of its online gaming and betting activities. Users declare that they are informed and agree that, by reference to the Royal Decree of 15 December 2004 relating to the register of access to the gaming rooms of establishments of class I and II gambling, PAC-MAN NV is required to keep the photocopy of the identity card or the document used to identify the User for at least ten years from the last activity of the player on the Site.

The personal data shall be kept for a period not exceeding that necessary for the fulfilment of the purpose of the processing for all purposes governed by Article 2.2. and 3. The data are then deleted from PAC-MAN NV files upon request of the Users addressed to the Contact referred to in Article 7.5.

6. Responsibility of PAC-MAN NV – Sub-contractor

6.1.  PAC-MAN NV undertakes that the processing of Users’ personal data is carried out in a lawful, fair and transparent manner towards the User concerned. Any processing by PAC-MAN NV will comply with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and this Privacy Policy.

As the controller, the King of the Netherlands uses all reasonable and appropriate means to ensure the confidentiality, integrity and availability of personal data processed by it. These measures, technical and organizational, are described in the Information Security Manual available from the Contact referred to in Article 7.5.

Technical measures include, in particular, the anonymisation and encryption of personal details, depending on the purpose required.

Organisational measures include, in particular, internal audits, in addition to audits to which PAC-MAN NV may be subject by the Gaming Commission.

If necessary, PAC-MAN NV, with the assistance of the data protection officer, carries out an impact assessment when processing is likely to create a high risk for Users.

6.2.  The Users’ personal data will not be passed on to third parties other than PAC-MAN NV’s suppliers and partners, except for the purposes described in sections 2.1, 2.2 and 3 and, consequently, if:

• The transfer is made mandatory by law, regulation or order of an administrative or judicial authority;
• The transfer is necessary for the provision of online gaming and betting services or maintenance services;
• The User has indicated his consent for such a transfer;

The partner will not be considered a subcontractor unless he processes the Users’ personal data on behalf of PAC-MAN NV. PAC-MAN NV declines any responsibility for the processing of the User’s personal details by the partner who provides its own services on its own behalf and for its own account or if it proves that the fact that caused the damage is not attributable to it in any way.

In the event that PAC-MAN NV acts as subcontractor of the partner, it is agreed that PACMAN NV will only be held liable for damage caused by processing of personal data contrary to the Regulation or this Privacy Policy if it has not complied with the obligations laid down in the Regulation that are specifically incumbent on the subcontractors or has acted outside the lawful instructions of the partner or contrary to these. Similarly, PAC-MAN NV cannot be held liable under any circumstances if it proves that the event that caused the damage is not attributable to it.

6.3.           PAC-MAN NV shall ensure that, where processing is carried out by a subcontractor, on behalf of PAC-MAN NV, it offers sufficient guarantees that the appropriate technical and organisational measures are at stake and, more generally, that the requirements of the Regulation are met. In particular, it requires the subcontractor to comply with the Regulation and, therefore, to keep a register

6.4.            PAC-MAN NV undertakes that in the event of security problems related to the processed data, which may affect their confidentiality, PAC-MAN NV will notify the data protection authority referred to in Article 7.4 as soon as possible.

PAC-MAN NV will also inform the Users concerned, provided that the violation of personal data presents a high risk to the rights and freedoms of the User; this information will be carried out by email or mail to the contact details provided by the User.

7. Other

7.1. Personal Data Register and Information Security Manual

As the data controller of personal details, PAC-MAN NV keeps a record of all its processing activities. It shall contain all the information relating to the type of data processed, the data subjects, the possible recipients to whom the data are communicated, the purposes for which the data are processed, the duration of storage of the data and a general description of the technical and organisational security measures put in place.

The personal data communicated by the User are stored, as well as the processing and its purposes, in a register, which is controlled and remains under the responsibility of PAC-MAN NV at all times. In addition to the above information, the register shall contain:

• a description of the purposes of the processing;
• a description of the categories of data subjects and categories of personal data;
• the categories of recipients to whom the personal data have been or will be disclosed, including recipients in third party countries or international organisations;
• the time limits for erasure of the different categories of data;
• a general description of the technical safety measures.

7.2. Completeness - Privacy Policy Change

The Privacy Policy contains all contractual provisions binding on Users, without prejudice to the general provisions contained in the Terms of Use of the Site of which they form an integral part. The Terms of Use of the Site therefore remain applicable for any matter not related to personal data protection.

PAC-MAN NV also reserves the right to change the Privacy Policy. Any update is binding on Users as soon as it is published on the Site. PAC-MAN NV will make sure to mention the date on which the Privacy Policy in force on the Site is at stake.

7.3. Evidential value

The User acknowledges that the electronic documents exchanged and the electronic data collected as part of his registration or use of the Site have the same probative value as if these documents and data had been communicated or collected on paper. It therefore undertakes not to contest their strength or their evidentiary value because of their electronic medium.

7.4. Data Protection Authority

In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the Law of 8 December 1992, the User has the right to request additional information or to lodge a complaint with the Data protection Authority. The Control Authority is the Privacy Commission; its contact details are:

Address: Rue de la Presse, 35, 1000 Brussels Phone: +32 (0)2 274 48 00

Fax : +32 (0)2 274 48 35

Email: [email protected]

7.5. Contact – Information on the identity of data controller and data protection officer

PAC-MAN NV may be contacted for any questions relating to the personal data protection of Users, as follows:

• By mail: Gistelsteenweg 519, 8490 Jabbeke, België
• Email: [email protected]

The data controller at PAC-MAN NV is Mr Gilles De Backer.

PAC-MAN NV has also appointed a data protection officer within the meaning of Article 37 of the aforementioned Regulation; he can be contacted by email: [email protected] This is responsible for monitoring and complying with PAC-MAN NV’s processing of Users