Privacy Policy

Disclosure of Personal Information

• Sutter’s Place Inc. d/b/a Bay 101 (“Bay 101”) is committed to protecting your privacy. The information that you provide to Bay 101 (sometimes referred to as “we”, “us” or “our”) is utilized in order for us to (among other things) provide you with the highest level of customer service reflective of the quality of our brands.
• This Privacy Policy (“Policy”) applies to our offline and online data collection practices, including when you visit our website at www.bay101.com (collectively the “Site”), inquire about our products or services, make a purchase from us, subscribe to our mailing lists or when you engage with us via email or on social media.
• This Policy is subject to our Code of Conduct. We may update this Policy from time to time, as specified in the “Changes to This Privacy Policy” section below.
• California state law confers certain rights relating to personal information to its residents.

If you are a California resident, please also see our California Consumer Privacy Section in this Policy.

Your Consent

• Please review this Policy periodically. You should read this entire Policy before submitting information, including personal information, to us in any form or using our Site. Whenever you submit personal information to us, you consent to the collection, use, disclosure, transfer, and storage of that information in accordance with this Policy.
• All personal information may be used for the purposes stated in this Policy. We may make full use of all information that is de-identified, aggregated, or otherwise not in personally identifiable form. We may also make full use of all user-generated content you submit to us, in accordance with our Terms of Use.

Collection of Personal Information

• We collect personal information using the following methods: 1) from you when you voluntarily provide it, including in the casino or other properties, online when you visit our Site, or when you interact with us in any other manner; and 2) using automated technology, including when you visit our Site or interact with our electronic advertisements or communications. To see a complete list of what we collect and how we use this data, please see our Annex 1.

Personal Information

• Bay 101 collects Personal Information, such as your email address, name, address, or telephone number based on your communications with us including submission of forms on the Site and communications in person, via email, telephone call, and other electronic messages.
• If at the casino, Bay 101 may also collect: information to confirm your identity when you cash out at a cage for tax reporting purposes, including your name and driver’s license; your image recorded in our security feeds; and your credit card information.
• When you visit our Site, we collect information about you through your browser, computer hardware and software. This information can include your IP address, device ID, browser type, domain names, access times and dates, number of clicks, pages viewed, one or more cookies (as described below) that may uniquely identify your browser, and referring website addresses. This information is used by Bay 101 for the improvement of our Site.
• Bay 101 utilizes Automated License Plate Recognition (ALPR) to collect license plate numbers of visitors who use the parking services at the casino. Bay 101 uses this information to facilitate parking management and related payments, including to identify and manage available parking spaces, locate vehicles, control access, automate payment, and otherwise support our business operations. Bay 101 also uses this information to assist law enforcement. For additional information, please see our Automated License Plate Recognition (ALPR) Usage and Privacy Policy.

Sensitive Personal Information

Bay 101 collects sensitive personal information as set forth in Annex 1, including:

• Social security, driver’s license, passport, or state ID card numbers; account or debit or credit card numbers.
• Biometric information, including photographs and video, which may use facial recognition technology.

How We Use Your Personal Information

We use Personal Information of customers for a wide range of purposes, including:

• To provide you with products and services or process requested transactions.
• To verify your identity and to report for tax purposes, if you are cashing out on our premises.
• To respond to your requests and feedback.
• To improve our products, business, and Site.
• To follow up with you after you have communicated with us or submitted information to us.
• To manage our business such as fraud prevention purposes, determining usage patterns of our consumers, complying with legal obligations, establishing, exercising or defending a legal claim, and monitoring and reporting compliance issues.
• To send promotional communications or offers (unless you have requested that we not send such communications).
• For marketing, research and legal purposes and other purposes.
• To post your preferred name (with prior consent) on our player rankings posted on the casino board and on our Site.
• To address your interests and concerns; and as otherwise specified at the point of Personal Information collection.

Email Marketing

If you no longer wish to receive email marketing communications from us, you may unsubscribe from receiving marketing-related emails by using the unsubscribe method provided in our communications (e.g., by clicking on the “unsubscribe” link in the email to unsubscribe). Please note that unsubscribing from our promotional material will not prevent us from contacting you for other reasons, such as order confirmations, responses to customer service inquiries, or information about an event for which you have registered.

How We Disclose Your Personal Information

Service Providers and Contractors

• We disclose Personal Information you provide to consultants, service providers, and contractors that we use to support our business and operations who have agreed to keep the information confidential and use it only to provide the applicable service(s), such as vendors that help us communicate with you, vendors that host our website and data, and security and fraud detection vendors.

Third Party Partners

• We disclose Personal Information to third parties we work with who help us gather information from you and communicate with you, including entities that provide sweepstakes/contests sponsorship.
• Law enforcement has access to license plate information collected through ALPR to ensure the safety and security of all on our premises.

Legal Obligations

• We may disclose Personal Information to outside parties (including, without limitation, governmental agencies) if required to do so by law, regulation or court order; to respond to governmental and/or law enforcement requests; to identify, contact or bring legal action against someone who may be causing injury to or interfering with our (or others’) rights or property; to support any actual or threatened claim, defense or declaration in a case or before any jurisdictional and/or administrative authority, arbitration or mediation panel; or in connection with disciplinary actions/investigations.
• By law, all security feeds on the Bay 101 premises are accessible to local law enforcement and may be accessed by these authorities at any time.

Sale or Corporate Restructuring

• We may disclose Personal Information to third parties in connection with the sale, assignment or other transfer of the business of our website or the sale, assignment, merger, reorganization or other transfer of our brand or company.

How We Use Cookies and Other Technology

• As you enter the Site, our server records and monitors your IP address and uses it to develop statistical analysis. These analyses assist us in refining and adapting the content and design of our Site. The use of IP addresses also enables us to prevent malicious Internet users from masquerading as other users. Automated technology collects information from your computer or mobile device and includes cookies, web beacons, local shared objects, or other similar technology. A cookie is a small piece of information sent by a website that is saved on your hard drive by your computer’s browser. A “web beacon” is a small object or image that is embedded into a web page, application, or email and is used to track activity. They are also sometimes referred to as pixels and tags.
• As you access or use our Site, we and/or third parties may collect information using cookies, web beacons, pixels, and navigational and location data collection (clickstream, log files, server logs) for the purposes described in this Policy. Such automated technologies further help us to keep track of your interactions with our website and provide you with a more customized experience.
• To find more information about cookies please visit www.allaboutcookies.org. Most browsers are initially set to allow cookies, but also offer the option to restrict cookies or warn you of their use. By disabling cookies, you won’t be able to enjoy the convenience provided by our customization.

Retention of Personal Information

• We will retain your personal information (collected through offline and online methods) for as long as it is necessary for the purposes described in this Policy. We will retain and use your personal information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies. For more information regarding retention of personal information see Annex 1.

Intended Audience of Websites

Our Site and social media accounts are not intended for people under the legal drinking age and, as a result, we do not knowingly collect information from minors in the United States or elsewhere with or without the consent of their parents or guardians. If you are not 21 or older, you should not visit or use our Site or social media accounts.

External Links

• We may make available third party applications through our Site and social media applications for your use. Links to such applications, any other websites included in this Site or links on our social media accounts operate with privacy policies beyond our control. Unless otherwise indicated, once you have left our Site or our social media account, all use of information you provide is governed by the privacy policy of the other website’s or social media account’s operators. We are not responsible for any transactions that occur between you and a third-party website or social media account.

Governing Law

• This Policy and our privacy practices will be subject exclusively to the laws of the State of California, United States of America. We make no representation that this Policy and its practices comply with the laws of any other jurisdiction.

Contact Us

If you have any questions or concerns about this Policy, please contact us at privacy@bay101.com.

California Consumers Only

Your California Privacy Rights

This Privacy Rights Act Notice (“Notice”) provides additional information to California residents whose Personal Information is collected by us pursuant to California law, including the California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”). If you are not a California resident, this Notice does not apply to you. Please visit our Privacy Policy (“Policy”) for more information. Any capitalized terms undefined in this Notice have the same definition as the Policy.

The purpose of this Notice is to inform our website users, customers, browsers, online community participants, those who purchase or inquire about our products and services, and other California residents from whom we may collect personal information (“California Consumers”), about our practices regarding the collection, use and disclosure of their personal information and certain rights under California law. This Notice applies to both offline and online collection of personal information and applies to our affiliates and brands.

Information Collected

In the preceding 12 months, we have collected the categories of personal information about California consumers as described in Annex 1.

Business-to-Business (“B2B”) Information

If you are a contact person for any of our business partners, vendors, distributors, suppliers, service providers, contractors, or other entities with which we have a business relationship or potential business relationship, we collect the contact information you provide to us, including name, phone number, address, email address and other contact and relationship information consistent with your role in facilitating that business relationship. We use that information for internal purposes, including to contact you, send and receive information, and otherwise facilitate the business relationship. We do not disclose that information outside our business relationship without your consent. See Annex 1 for more details.

Information Sold or Shared

We have not sold or shared any personal information for a business or commercial purpose in the preceding 12 months.

We have disclosed the following categories of personal information for a business or commercial purpose in the preceding 12 months:

• Personal Identifiers
• Commercial Information

For details regarding the categories of third parties with whom we have shared, sold, or disclosed personal information, please see Annex 1.

CPRA Rights and Requests

Under the CPRA, you are entitled to certain rights, where you can make certain requests with regard to those rights as follows:

• Right to Know about the Categories of Personal Information Collected (“Right to Know”)
• Right to Request Deletion of Personal Information (“Request to Delete”)
• Right to Correct or Rectify Inaccurate Information About You (“Request to Correct”)

You have the right to request that we disclose, delete, or correct personal information collected about you.

You have the right to make requests for the aforementioned rights (Request to Know, Request to Delete, or a Request to Correct (collectively a “Request”)).

To make a request for any of the information set forth above, please submit a verifiable consumer request pursuant to the instructions below. We will acknowledge your Request within 10 days and will attempt to respond substantively within 45–90 days.

The Request must provide sufficient information to allow us to verify that you are the person about whom the personal information was collected or disclosed and must contain sufficient detail to allow us to properly understand, evaluate and respond to your request. If we cannot verify your identity, we will not be able to respond to your request.

You can make a Request in the following ways:

• Email your request to privacy@bay101.com.
• You may also make a request by phone by contacting us at 888-269-5014.

Once we receive your Request, we will begin the process to verify that you are the person that is the subject of the request (the “Verification Process”). The Verification Process consists of matching identifying information provided by you with the information we have about you in our records. You will be asked to provide us with two or three pieces of information that will help us to verify your identity.

We will review all information provided by you to us to determine whether we can respond to your Request. We will inform you of our decision to deny or grant your Request.

For any Requests to Know, you may make such Requests twice within a 12-month period.

For any Requests to Delete, as permitted by law, if the information requested to be deleted is necessary for us to maintain, we may not be able to comply with your request. We will notify you if this is the case.

For Requests to Correct, you will need to provide evidence supporting the inaccuracy of the current information, and we reserve the right to delete the information instead of correcting it if such deletion does not impact you or you consent to the deletion.

We will retain correspondence, documents and information related to any Request for 24 months as required by law.

Additional CPRA Rights

The following are additional rights afforded to you under the CPRA:

Right to Know Sensitive Personal Information Collected

We collect and use your Sensitive Personal Information as described in Annex 1.

We do not collect or process sensitive personal information for the purpose of inferring characteristics or for any purposes other than those set forth in Regulations Section 7027(m).

Right to Opt-Out of Sale or Sharing of Personal Information

You have the right to opt-out of the sale or sharing of your Personal Information. Bay 101 has not sold or shared your Personal Information in the preceding 12 months.

Right to Access Information About Automated Decision Making and the Right to Opt-Out of Automated Decision Making

We do not engage in automated decision making with respect to your personal information.

Right to Non-Discrimination for Exercising Consumer Privacy Rights

You have the right not to receive discriminatory treatment for exercising your privacy rights conferred by the California Consumer Privacy Act, including by exercising the rights specified herein.

Cookies

As explained in our How We Use Cookies and Other Technology section, you can opt out of cookies using your browser.

Please Note:

• Opt-outs are device and browser based. You must opt out on each device and each browser where you want your choice to apply.
• Opt-outs may be stored via cookies. If you clear cookies, your opt-out may no longer be valid and you must opt out again where you want your choices to apply.
• We may still share your information with our service providers that help us perform functions that are necessary for our business such as vendors that host our website, credit card processors, and analytics processors. These entities are contractually obligated to keep this information confidential and not use it for any purpose other than for the services they provide to our business.
• You may still receive ads from us that are not tailored to your interests.

Email Marketing

If you no longer wish to receive email marketing communications from us, you may unsubscribe from receiving marketing-related emails by using the unsubscribe method provided in our communications (e.g., by clicking on the “unsubscribe” link in the email to unsubscribe). Please note that unsubscribing from our promotional material will not prevent us from contacting you for other reasons, such as order confirmations, responses to customer service inquiries, or information about an event for which you have registered.

Retention of Personal Information

We will retain your Personal Information for as long as it is necessary for the purposes set out in Annex 1 and to the extent necessary to comply with our legal obligations (for example, if we are required to retain your Personal Information to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Authorized Agent Information

You may designate an authorized agent to make a request on your behalf under the California Consumer Privacy Act.

In order to allow an authorized agent to make a request on your behalf, please email us at privacy@bay101.com to provide your written request and consent to an authorized agent.

When your authorized agent makes a request related to your personal information, we will require the agent to provide the above written permission. We may also require that you verify your own identity directly with us at the time such a request is made.

California Do Not Track Notice: Because there are not yet common, industry accepted “do not track” standards and systems, our website does not respond to Do Not Track signals. In addition, we may allow third parties to collect personal information from your activity on our website, as described in the “Collection of Personal Information” section above.

California Shine the Light Disclosure Information

Although we do not disclose to any third parties for their marketing purposes any personal information, California residents are entitled to receive the following disclosure information under California law:

Under California law, California residents have the right to request in writing from businesses with which they have an established business relationship (1) a list of the categories of personal information, such as name, address, email address, and the type of services provided to the customer, that a business has disclosed to third-parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third-parties’ direct marketing purposes, and (2) the names and addresses of all such third-parties. We will respond to such written requests within 30 days following receipt at the email or mailing address specified below under “Contact for More Information”. If we receive your request at a different email or mailing address, we will respond within a reasonable period of time, but not to exceed 150 days from the date received. Please note that we are required to respond to each customer only once per calendar year.

Changes to This Privacy Policy

This Policy may be revised from time to time for any reason. If this Policy changes, the revised policy will include a new effective date, and we will notify you of such changes by posting the revised policy on this page. Be sure to check the Policy whenever you submit personal information to us.

Contact for More Information

For information and questions about the use of your personal information or this California Consumer Privacy Section or your rights under California law, you may contact us at privacy@bay101.com.

Annex 1: California Notice of Collection, Use, and Disclosure

Categories

• Personal Identifiers
• Commercial Information
• Internet/network activity
• Biometric Information
• Sensitive Personal Information
• Business-to-Business (“B2B”) Information
• Automated License Plate Reader information

Examples

• Name, signature, mailing address, telephone number, email address, date of birth, and credit card information.
• Products or services purchased, obtained, considered, reviewed, or other purchasing or consuming habits.
• IP address, your device information, domain name, browsers you used to access our Site and services, webpages viewed, time spent on webpages, links, clicks, transactions entered, and site-navigation patterns.
• Photographs and video, which may include facial recognition (when you visit our Premises).
• Personal identification numbers, including social security, driver’s license, passport, or state ID card numbers; account or debit or credit card numbers.
• Name, phone number, address, email address, and contact and relationship information consistent with your role in facilitating the business relationship.

Collected From

• You, when you visit our Site (including your online activities on our Site), enter a promotion or competition conducted by us, engage with us on social media, or otherwise interact with us through posting content on our Site, or communicating with us in person, via phone or email or other methods.
• Your computer or mobile device, through your online activities and interactions with us, including, without limitation, your use of our services, your online activity on our Site, and on our social media channels or through our third-party sources.
• Third-party sources, including third-party service providers, opt-in lists, publicly available data, consumer reporting agencies, other companies, and referrals.
• Your in-person visit to our premises including but not limited to the casino floor, and anywhere throughout our facilities at 1788 North First Street, San Jose, CA 95112.
• You, when you visit our Premises and voluntarily provide the information to verify your identity when cashing out.
• You, if you are a contact person for any of our business partners, vendors, distributors, suppliers, service providers, contractors, or other entities with which we have a business relationship or potential business relationship.

Purposes

• To respond to and fulfill your requests; to verify your identity; and to process your transactions when you have cashed out and to report your winnings for tax purposes.
• To improve our products, services, Site, and social media.
• To provide you with a customized user experience.
• To send promotional communications or offers regarding our products and services (unless you have requested that we not send such communications).
• To authenticate your account credentials and identify you, as necessary to log you in and/or ensure the security of your account.
• For marketing, research, legal, and other business purposes.
• To analyze and track usage of our services and products including our Site and social media accounts.
• To maintain and preserve the safety of our guests, premises, property, and products.
• To comply with our policies, procedures, and legal obligations, including complying with law enforcement or governmental authority requests, investigating fraudulent activity, resolving disputes, and enforcing our legal agreements and policies.
• For internal purposes, including contacting you, sending and receiving information, and otherwise facilitating the business relationship.

Disclosed To

• We may share your personal information with a range of third parties to support and enhance our operations, provide services you request, and comply with legal obligations. These third parties include service providers, consultants, and contractors that perform functions on our behalf—such as hosting and maintaining our website, analyzing data and site metrics, measuring advertising effectiveness, delivering marketing messages, facilitating customer communications, processing payments, and detecting and preventing fraud. This also includes third-party payment processors that handle transactions involving your credit or debit card details, such as your card number, expiration date, and security code, in connection with purchases or other financial interactions.
• We also work with third-party marketing and advertising partners to understand user behavior, conduct analytics, and deliver targeted advertising and remarketing campaigns. These partners may collect data using cookies, pixels, and other tracking technologies, as further described in the “How We Use Cookies and Other Technology” section of this Privacy Policy.
• Additionally, we may disclose information to third-party sponsors of promotions such as sweepstakes, contests, or special offers where sharing is necessary to administer or fulfill your participation.
• All such third parties are contractually required to safeguard the confidentiality of your information and use it only for the specific purposes for which it is disclosed.
• In certain circumstances, we may be required to disclose personal information to governmental or regulatory authorities, law enforcement agencies, or pursuant to a legal process, such as a subpoena or court order, or in response to a lawful request.
• If Bay 101 or any of its affiliates undergoes a change of control or a business transition such as a merger, acquisition, reorganization, or sale of assets, your information may be disclosed to or transferred as part of that transaction, including during related due diligence and negotiations.
• Finally, video surveillance footage captured on Bay 101 premises may be accessible to local law enforcement, who may view or obtain access to this footage at any time in accordance with applicable laws.

Retention Period

• We will retain your Personal Information for as long as it is necessary and to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies.