W. Va. Code R. § 179-4-95

Current through Register Vol. XLI, No. 44, November 1, 2024

Section 179-4-95 - Video Lottery Electronic Player Tracking Systems

95.1. The player tracking systems at the licensed limited gaming facility with video lottery machines under the control and regulation of the West Virginia Lottery may exist under certain conditions set forth in this rule.

95.2. A manufacturer of associated hardware and software having to do with player tracking, shall not distribute and/or install player tracking hardware and software within video lottery terminals at the limited gaming facility licensee unless it has received a manufacturer permit from the West Virginia Lottery Commission.

95.3. An electronic player tracking system must complete a three-step approval process prior to installation:

95.3.a. Step 1: The manufacturer shall submit to the Director a complete, comprehensive and technically accurate description and explanation in both technical and lay language of the equipment and its intended usage. The Lottery technical staff will review the documentation and may pose telephone or written questions to clarify certain points. The Director shall send written notice of the Lottery's approval for testing to the Commission, the manufacturer and the laboratory authorized by the Lottery Commission, upon clarification of all questions posed by the Lottery technical staff. Any system that does not fully comply with this Act, the West Virginia Racetrack Video Lottery Act, and all Lottery Commission Rules must be rejected by letter to the manufacturer.

95.3.b. Step 2. All hardware and software of an electronic player tracking system for placement in the limited gaming facility licensee is subject to testing and approval from the Lottery's designated testing laboratory.

95.3.c. Step 3. When the Commission receives the laboratory testing report, it shall vote whether to approve the installation of the player tracking system. In no instance may the limited gaming facility licensee install or implement a video lottery electronic player tracking device without the Commission's authorization.

95.4. All data captured by the licensed limited gaming facility as part of a player tracking system must be obtained with full disclosure to the participating parties. Eligibility requirements, such as age, employment or residence shall be set forth by the limited gaming facility licensee in a written policy and subject to approval by the Lottery Director and disclosed to all potential participants.

95.5. Each player who chooses to allow his or her personal information to be included in an electronic database as part of a tracking system, must be informed by the licensed limited gaming facility, in writing, in advance of participation, as to all possible uses of the information he or she provides. As an example: "The limited gaming facility licensee may use the information without compensation to the participant."

95.6. The data obtained through electronic tracking mechanisms is the sole property of the limited gaming facility licensee which purchased the player tracking system. When the limited gaming facility licensee's corporate ownership encompasses multiple entities, the player tracking information shall not be viewed as the property of all of the entities, but only the individual licensed subsidiary for which the data was intended by the player.

95.6.a. The West Virginia Lottery reserves the right to monitor and view the information obtained from player tracking endeavors at the limited gaming facility licensee. At no time shall personal information obtained from an electronic player tracking system for video lottery at the limited gaming facility licensee be sold or shared with entities external to the limited gaming facility licensee other than its parent company, if any, and the West Virginia Lottery shall not in any event make the information part of its files or records.

95.6.b. The Lottery shall only take physical possession of the information upon request by the West Virginia State Police to do so. If the Lottery takes physical possession of the information on behalf of the West Virginia State Police, then the physical possession of the information shall be considered to be information retained for the benefit of the West Virginia State Police for the purpose of the detection or investigation of a crime, and as such is exempt from discovery under the West Virginia Freedom of Information Act pursuant to West Virginia Code § 29B-1-4(4). The West Virginia Lottery shall transfer complete physical possession of the requested information to the West Virginia State Police as soon as practicable.

95.7. Mail, E-mail or telephone contact with any player on the tracking list is not limited to a specific number of contacts per calendar month; however, no contacts of the limited gaming facility licensee may be made with any player who has requested in-writing that no contacts be made to him or her. The text of all of the contacts must be approved in advance by the Director of the West Virginia Lottery or his or her designee under the Director's general statutory power to review advertising. Inducements offered to players on the tracking list shall be limited to cash, meals, beverages, travel, lodging, merchandise and free video lottery plays. At the player's request, the licensee may substitute cash for a non-cash inducement only if the licensee has advertised the cash equivalent value of the non-cash inducement in advance to member players. Any player on a tracking list at the limited gaming facility licensee may request that the limited gaming facility licensee stop sending the player promotional offers, including free slot play, match play coupons, and coupons for amenities on the premise of the limited gaming facility licensee.

95.8. If the limited gaming facility licensee collects player tracking data, then it shall ensure that participating players may have all information concerning player identities, residency, play profiles, credits or points earned and such items, as collected by a tracking system, erased from a track's database upon the request of the player or the request of his or her executor, administrator, guardian, committee, or attorney-in-fact. To this end, the limited gaming facility licensee employing a player tracking system shall operate a 24-hour-perday "hot line" telephone answering system to accommodate a player's decision to remove his or her name from the player list. The hot line may be staffed by personnel, or it may be operated as a monitored electronic system, or a combination of the two. The limited gaming facility licensee may require the player to sign a subsequent release form to assure that the player and not some other person was the person who made the telephone request. A record of the name removed shall be retained for West Virginia Lottery inspection. Furthermore, the information may not be used in any other way, or given or sold to any entity once player information is removed from the record. The player may not thereafter be re-enrolled unless the player requests re-enrollment in writing. The necessary exception to this general rule is the allowance of a grace period during which time mass mailing campaigns already in progress will be allowed to complete the cycle if there is no practical way to remove the requesting player's name from the lists.

95.9. If the limited gaming facility licensee operates a player tracking system, then it shall prepare a detailed annual report of player data that has been removed from the record, including the reasons for the removals, which shall be available for inspection by the Director or his or her designee. This annual report shall be based on the calendar year and shall be completed and available for Lottery review at the licensed limited gaming facility not later than March 31^st of the following year.

95.10. Any player disputes relating to the awarding of points, gifts or free plays shall be resolved by the licensed limited gaming facility independent of the Lottery. Any unearned credits awarded to a player in error by a player tracking system shall not constitute a charge against gross terminal income. The limited gaming facility licensee shall prepare and submit to the West Virginia Lottery a semi-annual report detailing player tracking complaints and their resolutions.

95.11. Any reports generated by a player tracking system shall not in any case form the basis for a claim by the limited gaming facility licensee against the West Virginia Lottery concerning calculations by the Lottery's central control computer.

W. Va. Code R. § 179-4-95