Privacy Policy

1. GENERAL PROVISIONS

 

1.1. TG Malta Limited, a company incorporated in Malta, registered under number 90076/2019, headquartered in Level 3, (Suite No. 3154), Tower Business Centre, Tower Street, Swatar, Birkirkara Bkr 4013, Malta (hereinafter referred to as “Toto”, “us”, “we” or “our”) operates the www.totogaming.ro website,  providing various online games that are made available on the said website (hereinafter referred to as “the Service”). We are committed to protect and respect your privacy and to ensure your security when you access and use our Services. This Privacy Policy informs you of our policies and practices regarding the collection, storage, use, exchange, and disclosure of personal data when you use our Service and the rights you have associated with your personal data. This Privacy Policy applies regardless of whether you are accessing the website via a personal computer, a mobile device or any other technology or devices.

1.2. We use your personal data to provide and improve the Service, to verify your activity on the Toto platform and to customize the offers according to your preferences. By using the Service, you agree to the collection and use of information in accordance with this policy. If we ask for your personal information for a secondary reason, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

1.3. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our General Terms and Conditions, accessible at www.totogaming.ro.

 

2. CONTACT US

 

2.1. Toto is a data controller based in Malta. Our registered address is: Level 3, (Suite No. 3154), Tower Business Centre, Tower Street, Swatar, Birkirkara Bkr 4013, Malta.

2.2. If you have any questions, concerns or complains regarding the processing of your personal data, please contact our Data Protection Officer through e-mail at [email protected]. Kindly be informed that our Data Protection Officer is Mr Levon Gevorgyan.

 

3. DATA WE COLLECT AND PURPOSE OF COLLECTION

 

3.1. We collect several different types of information for various purposes to provide and improve our Service to you. While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”).

3.2. Personal data processed by Toto may include, but is not limited to: 

•  your first and last name; 

•  date of birth;

•  address, County, Postal code, City, Country; PIN;

•  e-mail address; 

•  phone/mobile number;

•  scan/photo of your passport/ID card;

•  your unique username and password combination for your account;

bank information;

•  record of all internet communications and details of your visits to our Website;

•  technical information relating to how you use our products, such as the type of device you are using and the browser you are using to access our Website;

•  payment information and details of transactions you carry out through the site, including your payment, withdrawals and wagers;

•  communications with us or our employees, for examples, calls, emails, and messages sent through the form;

•  information regarding your location, including IP address and traffic information;

•  any additional information you submit through the website;

We do NOT collect any special categories of personal data about you (this includes details of racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership and processing of genetic data, biometric data for your unique identification, health data or data on your sexual life or sexual orientation). We also do not collect information about criminal convictions and offenses.

3.3. In order to provide our Service to you, Toto collects and uses the following personal data:

a) for the purpose of registering your game account, we process personal identification data, contact details, financial information, connection information, location information; The collection of personal data is mandatory for the provision of the service, therefore, in case of failure to fulfill the information, registration is refused;

b) for the purpose of verification your identity and your contact details, we process personal identification data, betting activity, financial information, connection information, location information; Verification of the identity of our customers is mandatory by law. Failure to communicate the data will result in the suspension / closure of the game account and the rejection of any withdrawal request;

c) for the purpose of carrying out financial operations, we process personal identification data and financial information; Verification of the identity of our customers and the financial information is mandatory by law. Failure to communicate the data will result in the suspension / closure of the game account and the rejection or cancelation of any withdrawal request;

d) for the purpose of monitoring and evaluating the gambling activity to prevent illegal actions/resolve requests, complaints, and potential technical problems, we process personal identification data, contact details, betting activity, financial information, connection information, location information; Monitoring the gambling activity is mandatory, by law. Failure to fulfill the right to collect and use data will result in the closure of the account and the impossibility of executing our contract;

e) for the purpose of monitoring and evaluating the gambling activity for business development, we process personal identification data, betting activity, financial information, connection information, location information; Monitoring the gambling activity for business development is a legitimate interest, if we are not allowed to use the information, we will not be able to offer you bonuses, nor personalized gaming experience.

f) for the purpose of monitoring and evaluating the gambling activity to generate personalized offers and bonuses, we process personal identification data, betting activity, financial information, connection information, location information; This monitoring is a legitimate interest, if we are not allowed to use the information, we will not be able to offer you bonuses, nor personalized gaming experience.

g) for the purpose of providing and improving chat functionality (TotoChat), we process personally identification data (pseudonym and user ID, assigned when registering for chat), login information, location information, aggregated analytical data (such as activity history on TotoChat); This processing is a legitimate interest, namely Toto's legitimate interest in providing users with additional functionality, the use of which is optional and voluntary, which allows us to improve your user experience; We consider that this processing does not affect the fundamental rights and freedoms of users. In certain cases, data, including messages sent in chat rooms, may also be processed to comply with applicable Toto laws. Where use of information is not permitted, we will not be able to provide you with access to the chat functionality.

h) for the purpose of sending newsletters and information about campaigns, promotions and offers, we process personal identification data and contact details; This processing will be subject to a separate permission request from you, if we are not allowed to use the information, we will not be able to send you newsletters or inform you about campaigns, promotions and offers;

i) for the purpose of reporting to legal or regulatory authorities, we process personal data identification, betting activity, contact details, financial information, connection information, location information; Monitoring the gambling activity is mandatory, by law, failure to fulfill the right to collect and use data will result in the suspension/closure of the account and the impossibility of executing our contract;

j) for the purpose of business development, we may process personal identification data of users, such as first and last name, e-mail, telephone number, address, date of birth, gender, by transmitting it to unaffiliated third-party companies that provide advertising services for us (such as Meta Platforms Ireland Limited); this processing does not lead to marketing contact or the display of advertisments to the data subjects whose data we disclose to our service provider(s); This processing will be subject to a separate permission request from you, if we are not permitted to use the information, we will not be able to use it for this purpose.

3.4. The information processed by Toto are:

a) information that you provide to the us directly, for example, when you create your account;

b) information we obtain when you use our services, such as location data and usage and device information;

c) information obtained from other sources, such as Toto partners third parties using Toto’s API keys.

3.5. To protect both you and us, we use Services provided by third parties to help us decide whether to accept transactions from you by evaluating your method of payment, and the devices you use to visit our website. These third-party services check whether the device or method of payment has been identified with fraudulent or abusive transactions in the past, such as reported cases of identity theft, promotion abuse or credit card fraud.

 

4. THE LAWFULL BASES FOR THE PROCESSING 

4.1. Processing of personal data is legal if:

a) the data has been processed in compliance with the requirements of the law (Data Protection Act, Chapter 440 of the Laws of Malta and GDPR/Regulation) and the data subject has given consent to this, with the exception of cases directly established for by this Law or other laws, or

b) the data being processed is obtained from publicly available personal data sources.

 

5. CONFIDENTIALITY OF PERSONAL DATA

 

5.1. Information relating to personal data that has become known to us is considered as confidential information and is protected by law.

5.2. Our employees and other partners responsible for your service and assistance who have access to your  processed personal data for the purpose of performing their duties have signed a non-disclosure agreement, as well as are warned of possible disciplinary, administrative, civil and criminal liability in the event of violation of the norms and requirements of the applicable laws relating to personal data processing. 

 

6. HOW WE USE YOUR PERSONAL DATA

6.1. In general, we will use the information we receive about you, either directly or indirectly, for the following purposes:

•  to provide and maintain our Service;

•  to notify you about changes to our Service;

•  to ensure you gamble responsibly;

•  to comply with our legal and regulatory obligations;

•  to process your online financial and wagering transactions;

•  to allow you to participate in interactive features of our Service when you choose to do so;

•  to allow you to use and improve chat functionality

•  to provide customer support;

•  to gather analysis or valuable information so that we can improve our Service;

•  to monitor the usage of our Service;

•  to detect, prevent and address technical issues;

•  ​​to personalize your experience on our website;

•  to handle any request/complaint or suggestion you submit to us;

•  to provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already accessed or used only if you have opted to receive such information;

•  for the purpose of business development.

6.2. Specifically, we will use the data you provide to us (either directly or indirectly) to: enter into or perform a contractual relationship with you, achieve our legitimate interest where it is also in your interest and your fundamental rights and freedoms are not affected or comply with a legal obligation.

 

7. WHO WE SHARE YOUR PERSONAL DATA WITH

7.1. Your personal data will not be disclosed to third parties unless such disclosure is necessary for processing of your requests in relation to your participation in the games or it is required by law. In cases where the Toto's suppliers or business partners are responsible for parts of the overall function of the software, your personal data may be disclosed to them. In order to provide you with an efficient service, Toto may share your data with service providers who may be situated in various parts of the world, but only for the purposes specified; for example, we may disclose personal data to the company contracted by us to ensure the technical functionality of TotoChat and to collect analyses of your behavior on TotoChat.

 

7.2. Certain unaffiliated third-party companies, agents or independent contractors provide services essential to our ability to offer our gambling products to you, help us maintain our website or provide other administrative services to us, for example those that supply the software and games for our Website, banking and payment services, identity verification, fraud prevention or risk management.

We may be required to share some of your information with these third-parties, some of which may be based outside of our country of residence to be able to offer our Services to you.

In addition, certain unaffiliated third-party companies provide other types of services to us, such as advertising services, to which we may disclose certain of your information.

In all these instances, we ensure that the third party has appropriate security and privacy arrangements in place, so that your data is protected.

Also, we seek to ensure that these unaffiliated third parties will not use the personal information for any other purpose than to provide the services for which they are responsible. We also enter into contracts with these third parties that compel them to meet the privacy standards required by law in handling your personal information and use the information only for the purposes for which it was conveyed to them. Third parties provide the public with details on the process of data through their websites or any other available communication assets.

7.3. We may also be required to disclose your information to government authorities, such as the police or our regulators, to comply with our legal obligations. Personal information may also be shared with regulators, agencies or relevant sports bodies where there are suspicions of involvement in match-fixing or breach of sports regulations. In particular these authorities are:

a) Romanian Gambling Authorities;

b) Sport Governing bodies (e.g. FIFA, IOC, TIU)

c) Anti-Money Laundering / Counter Terrorism Financing (AML/CTF) agencies;

d) Romanian law enforcement bodies;

This may include also exchanging information with other companies and organisations (e.g. banks, credit institutions) within or outside EU on grounds of fraud protection and credit risk reduction. These entities may then use your personal information to investigate and act on any such breaches in accordance with their procedures.

7.4. We may also disclose information as required to enforce or apply our terms of use as stated in the General Terms and Conditions, or to protect our rights, property, or safety, or those of our customers or others.

7.5. In the event of the sale of our business, or other business event, which results in us having to transfer your personal data to a third party, you will be notified via email, or notice posted on our website, to explain the identity of the new data controller and your options regarding your personal data.

7.6. Our site may contain links to and from the websites of third party  organizations. Please note that these websites may have their own privacy policies and that we do not accept any responsibility whatsoever for these policies. Please check these policies carefully before you submit any personal data.

 

7.7. Notwithstanding the above, Toto may publish details about specific winnings of individual players on the sites and, from time to time on other websites. Such publications will include the username of the relevant player and the amount won, and you hereby agree and approve of such publications on the sites.

7.8.  We will not disclose your personal information with any third parties outside of the European Union in countries where there is no adequate data protection regime. However, in the event that such a data transfer occurs, we will take all reasonable steps possible to ensure that your data is treated as securely as it is within the EU/EEA and in accordance with this Privacy Policy and the applicable legislation. Each time we transfer your personal data outside the EEA, we will ensure that there is a similar level of protection through one of the following safeguards:

a) we will transfer your personal data to countries where the European Commission has demonstrated that it provides an adequate level of security for your personal data.

b) when we use certain service providers, We will be able to use certain models of contracts provided and approved by the European Commission that offer personal data the same protection they have in Europe.

c) when we use suppliers in the US, we will be able to transfer the data if they provide similar protection conditions for data shared between the EU and the US.

7.9. With the prior consent of the users, Toto may send the personal data of the users to the same or to other third parties than those mentioned above, under other conditions and for other reasons than those described in this Policy.

 

8. HOW LONG WE KEEP YOUR DATA
 

8.1. We store your personal data for as long as is necessary for the purpose for which it was originally obtained, in alignment with the Data Minimisation and Storage Limitation principles. To determine the appropriate retention period of your data, we take into account the value, nature and sensitivity of the data, the potential risk of harm caused by unauthorized use or disclosure of your personal data, the purposes for which we process the data and whether we can achieve these purposes by other legal means.

8.2. We will retain your data for a minimum 5 years after the termination of the customer relationships for legal reasons or legitimate purposes, like: laundering money, protection of players, application of the civil Law, application of the criminal law, taxation, resolve legal disputes.

 

9. HOW WE PROTECT YOUR PERSONAL DATA

9.1. To protect your personal data, we take all possible measures to assuring your personal data’s safekeeping and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. In this respect, we store all of your personal data in an encrypted and password-protected database residing within our secure network behind active state-of-the-art firewall software.

 

10. YOUR DATA PRIVACY RIGHTS

10.1. You are a data subject, your personal data belongs to you, so you have rights over your personal data. Some of these rights only apply in certain circumstances.  According to the legislation in force, your fundamental rights are the following:

•  Right to be informed about the processing of your data – which is carried out through this Privacy Policy;

•  Right to withdrawing your previously granted consent – when the processing was based on your consent and there is no other basis for processing; Please note that the withdrawal of consent will not invalidate any previously consented processing;

•  Right to lodging a complaint with the relevant Romanian Data Protection Authority or to appeal to justice;

•  Right to access to your Personal Data – you have the right to receive a copy of the data that we hold or process about you;

•  Right to rectify any Personal Data that is incorrect, incomplete or out of date - you have the right to ask us to modify/supplement the data we process about you when you believe we need to do so;

•  Right to restrict processing of your Personal Data in certain circumstances - you have the right to request to restrict the processing of your personal information and we are obliged to satisfy such request when certain conditions apply;

•  Right to data portability – you have the right to ask us to provide another company you nominate with certain aspects of your Personal Data;

•  Right to object to any processing data where we are doing it for our legitimate interests;

•  Right to erasure (“right to be forgotten”) – this right allows you to request, in certain circumstances, when we have no other basis for processing your data, to delete your data and stop processing it in the future.

•  Right to contest a decision made entirely by automated processing, to express your point of view and to request that a human review the decision.

 

10.2. Please note that these rights are not absolute and requests are subject to any applicable legal requirements, including gambling regulations and other legal and ethical reporting or document retention obligations. 

10.3. We will evaluate your request and respond to you on the progress and outcome of the request (solving the request, partial resolution of the request, rejection of the request) as soon as possible and in any case not later than one month after the date of submission of the request.

10.4. If you want more information you can contact [email protected] , or if you would like to exercise your rights, you can submit a request to [email protected]. If you have any concerns about your rights, don’t forget that you always have the right to complain to a data protection regulator, namely to The National Supervisory Authority for Personal Data Processing, Address: B-dul G-ral. Gheorghe Magheru no. 28-30, district 1, postal code 010336, Bucharest, Romania, Phone: +40.318.059.211 or +40.318.059.212, E-mail [email protected].

 

11. PROFILING

11.1. We collect your personal data including transactional behavior, gambling activity and practices, cookies and geolocation information, amongst others, in order to provide you with customised and tailored to your preferences views and services. The profiling activity allows us to present you with a personalised view and experience on our website.

11.2. The profiling activity also allows us to detect and report potential fraudulent behavior and violation of our Terms and Conditions potential money laundering practices and responsible gambling behavior, in line with our regulatory/ legal obligations of reporting such incidents to the relevant authorities.

11.3. To summarize the aforementioned, the profiling activity is deemed necessary for the following purposes:

a) Marketing reasons: You can receive customized offers, newsletters and general marketing campaigns, as well as customized gambling experience;

b) Responsible gambling reasons: If your gambling behavior is deemed as “at risk” and you are considered to be addicted or you state that you are, your account will be closed for your own protection, according to our Terms and Conditions;

c) Anti-Fraud reasons: If you are found to violate our Terms and Conditions (e.g. by having two (or more) active accounts at our website) your account(s) will be closed and your betting activity will be cancelled, according to our Terms and Conditions;

d) AML/CTF reasons: If, according to your profiling, your activity is deemed suspicious in terms of Money Laundering, then, your activity will be reported at the relevant Law enforcement bodies at the countries we operate, according to our Terms and Conditions. 

 

12. COOKIE POLICY

12.1. In order to make your visit to the Website more user-friendly, to keep track of visits to the site and to improve the service, the Operator collects a small piece of information sent from your browser, called a cookie. You can, if you wish, turn off the collection of cookies (please refer to your browser instructions as to how to do this). You must note, however, that turning off cookies may restrict your use of the sites.

12.2. Cookies are text files containing a small amount of information that are downloaded to your device when you visit a website. They are generally used by most websites to improve your online experience and to ensure that content and functions are delivered and used more effectively.

12.3. Cookies perform various different functions. For example, some cookies are session cookies, which are downloaded to your device temporarily for the period that you browse a particular website; these cookies might allow you to navigate between pages more efficiently or enable websites to remember the preferences you select. Other cookies are persistent cookies, which can be used to help websites remember you as a returning visitor or ensure the online adverts you receive are more relevant to your specific needs and interests.

12.4. The primary use of cookies on our Website, either directly by ourselves or our chosen partner(s), is to: enable you to save time and facilitate future access to the site; identify how people navigate through our website to improve our Service, content and the effectiveness of our communications; collect and share device data to detect and prevent devices associated with fraud and money laundering; identify account and device irregularities and detect and prevent fraudulent transactions and abuse of our customer accounts and our Services.

12.5. You agree that Toto may, from time to time, place cookies on your device to save information (such as user name, other personal details, e-mail address, technical device information such as the model and its IP address) to make full use of the functionality and Services on our website and to allow your browser to identify you as a user. This enables you to not have to re-enter this information each time you visit Toto’s site. These cookies cannot be used to run programs or deliver viruses to your computer, and are uniquely assigned to you. These cookies can only be read by the web server(s) that placed the cookies on your device.

12.6. At any time you can amend your browser settings to block some or all cookies from Toto. However, if you block cookies from Toto some or all the website's functions may not perform as intended. For example, you may not actually be able to place any bets.

12.7. Further information about cookies can be found at: www.allaboutcookies.org and www.ec.europa.eu/ipg/basics/legal/cookies/index_en.htm .

 

13.  JOINT CONTROLLERSHIP

13.1. It is possible that certain processing activities are carried out by Toto jointly with another data controller, together having the status of joint controllers.

13.2. In the sense of the previous paragraph, we indicate the processing activity mentioned in art. 3.3 point j) above, under which Meta Platform Ireland Limited (Meta Ireland) is Toto's joint controller for the joint processing thus carried out.

Information regarding the processing activity, according to art. 13 (1) (a) and (b) of the GDPR can be found under Meta Ireland's Privacy Policy at https://www.facebook.com/about/privacy. In the same sense, more information on how Meta Ireland processes personal data, including the legal basis on which Meta Ireland relies and the ways in which data subjects' rights can be exercised in relation to Meta Ireland can be found under Meta Ireland's Privacy Policy at https://www.facebook.com/about/privacy.

Toto and Meta Ireland have entered into a contract which sets out the responsibilities of each of the data controllers for the purpose of ensuring compliance with the obligations under the GDPR with regard to the processing activity carried out jointly; the parties have agreed that Meta Ireland is solely responsible for data subjects exercising their rights under the GDPR with respect to personal data stored by Meta Ireland outside of the joint processing.

 

14. CHANGES TO THIS POLICY

14.1. We reserve the right to change this Privacy Policy at any time, so please re-visit this page frequently. We will provide notice of substantial changes of this Privacy Policy and will send you a notice or an e-mail regarding such changes. Otherwise, all other changes to this Privacy Policy are effective as of the stated “Last updated” date, and your continued use of the Services after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

 

 

 

 

TG Malta Limited,

Through authorized representative,