N.Y. Comp. Codes R. & Regs. tit. 9 § 5606.3

Current through Register Vol. 46, No. 53, December 31, 2024

Section 5606.3 - Retention requirements

(a) Information required. Each registrant shall retain the following information for five years, with the platform clock used for time stamping. The information required under this section shall be made available, in report format, within two business days of such request by the commission:

(1) For each contestant account, the information to be maintained, backed up and made available upon commission request shall include, without limitation, the following:

(i) unique contestant identification number not associated with the contestant's personal identifying information;

(ii) contestant identity details including verification method;

(iii) contestant agreement to the terms and conditions and privacy policy;

(iv) account history and current balance. Such account history shall include all credits and debits to an account for a period of no less than six months, or from the time the account was opened, if account has been opened for fewer than six months;

(v) contestant experience category for each sport, where applicable;

(vi) any self-imposed restrictions and exclusion status;

(vii) previous accounts, if any, and reason for de-activation; and

(viii) date of registration and physical address associated with the account.

(2) For each contestant account transaction, the information to be maintained, backed up and made available upon commission request shall include the following:

(i) the date and time of the transaction;

(ii) unique transaction identification;

(iii) unique contestant identification number not associated with the contestant's personal identifying information;

(iv) type of transaction;

(v) amount of transaction;

(vi) total account balance before transaction;

(vii) total account balance after transaction;

(viii) total amount of fees paid for transaction (if applicable);

(ix) transaction status;

(x) name of contestant's financial institution and last four digits of account number for deposit and withdrawal transactions, if applicable;

(xi) method of deposit/withdrawal;

(xii) user identification and employee name handling the transaction, if assisting contestant; and

(xiii) the location, identified by ZIP code or latitude and longitude, of where a contest entry was placed.

(3) For each entry purchased, the information to be maintained, backed up and made available upon commission request shall including the following:

(i) the date and time the contest started and ended;

(ii) the contestant's selected roster of athletes, individual contest salary of the selected athletes and salary cap for the contest, if applicable pursuant to the rules of such contest;

(iii) the total number of points earned for the fantasy team;

(iv) total account balance at the start of the contest;

(v) total account balance at the end of the contest;

(vi) total amount of entry fees paid;

(vii) total amount won for the prize;

(viii) amount of any promotional credits paid;

(ix) amount of any promotional credits won;

(x) unique contestant identification; and

(xi) contest identifier.

(4) For each fantasy sports contest the information to be maintained, backed up and made available upon commission request shall include the following:

(i) the date and time the contest started and ended;

(ii) unique contestant identification for each contestant participating, points earned, amount of entry fee paid and date paid;

(iii) total amount of entry fees collected;

(iv) the results of the contest in a format that displays the aggregation of all statistics used to arrive at the winning result;

(v) unique contestant identification of each winning contestant, points earned, amount paid to winner and date paid;

(vi) total amount of winnings paid to contestants;

(vii) total amount refunded;

(viii) amount of any promotional credits received;

(ix) amount of any promotional credits awarded;

(x) amount collected by the registrant for administering the contest;

(xi) contest identifier; and

(xii) the rules applicable to such contest.

(5) Significant event information to be maintained, backed up and made available upon commission request shall include the following:

(i) failed system side login attempts;

(ii) program error or authentication mismatch;

(iii) firewall audit log full, where supported;

(iv) remote access;

(v) significant periods of unavailability of the platform or any critical component;

(vi) wins in excess of $5,000;

(vii) transfers of funds, single and aggregate over one year, in excess of $5,000;

(viii) system voids, overrides and corrections;

(ix) mandatory deactivation of a contestant;

(x) changes to live data files occurring outside of normal program and operating system execution;

(xi) changes to operating system, database, network and application policies and parameters;

(xii) changes to date and/or time on master time server;

(xiii) adjustments to a contestant account balance;

(xiv) changes made to information recorded in a contestant account;

(xv) any other activity requiring employee intervention and occurring outside of the normal scope of system operation;

(xvi) changes made by the registrant to contest parameters;

(xvii) contestant exclusions including reason for exclusion, requests to lift exclusion and actual lifting of exclusion;

(xviii) irrecoverable loss of contestant-related data; and

(xix) other significant or unusual events.

(b)Advertisements. All registrants shall retain copies of all advertisements for at least four years from the date of the last use of that advertisement and shall retain records sufficient to identify where such advertisements were placed. If an advertisement cannot be maintained in its original form, the advertising copy shall be retained.

(c)Complaints. Each registrant shall maintain for a period of two years a record of each user complaint, the inquiry or investigation undertaken by the registrant, action taken by the registrant to resolve the complaint and the final disposition of the complaint. Such records shall contain the original or copies of the complaint, all written communications between the registrant and the complainant, all documents or telephone recordings created in connection with a complaint and any documentation provided to the consumer by the registrant. Such consumer complaint records shall include:

(1) the name and address of the complainant;

(2) the purpose of the complaint;

(3) the date the complaint was received by the registrant;

(4) the complaint denial whenever a complaint is denied

(5) any additional information used by the registrant in determining how to resolve the complaint; and

(6) how the complaint was resolved by the registrant, including any adjustment to a customer's account. In the event of an adjustment to a customer's account in excess of $500, the registrant shall log each such adjustment and provide to the commission an annual report listing each such adjustment, the reasons therefore and the time taken to finalize such adjustment, unless the commission requests a registrant to make more frequent reports. The registrant also shall maintain a permanent record summarizing the number and nature of consumer complaints and the resolution or outcome of such complaints.

(d)Disclosures. A registrant shall retain for review for all contestants the disclosures required under this section for one month after a contest is completed.

(e)Duration. Such records as required under this Chapter shall be maintained for at least five years after the relationship is terminated between the contestant and the registrant, unless otherwise provided in this Chapter.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5606.3

Adopted New York State Register October 18, 2023/Volume XLV, Issue 42, eff. 10/18/2023