What is Dunder Affiliates?
Dunder Affiliates is an affiliate marketing program. It allows you to earn money with us when you refer new customers to Dunder via a tracked link. Once they open an account, deposit money, and start playing you start earning money.
The players who signed up via your link will always be tagged to you and your commission from these players does not have neither a cap nor a limited time frame.
How do I get started?
Just create an account here. Then login to our client area where you can get your unique tracking links, banners, logos and see your current statistics.
Can I speak to someone?
Of course! Every Dunder affiliate has a dedicated Affiliate Manager who’s there to answer all your questions.
Where can I see my commission status and other information?
Just login to your Dunder Affiliate Account and you’ll be able to see an overview of your earnings displayed on the main page. You can also get a more detailed report by clicking “Reports” and then Earnings Report or “Payment Report”.
How often are my statistics updated?
Statistics are updated daily. Usually by 4 PM CET.
When do I get paid?
You will get paid monthly. Always within the first week of the month. We do however have a minimum payment limit of €100. If your earnings are below €100, your balance will automatically transfer to the following month.
What payment methods do you support?
We can currently pay you via Bank transfer, Skrill and NETELLER.
What happens if my account shows negative net earnings?
This might happen when your referred players have won money. However, we do not carry over negative balances from one month to another. You will always start a new month off fresh from 0.
How much can I earn?
There’s no cap on how much you can earn. The sky's the limit!
For how long do the players I referred to Dunder generate money for me?
There’s no time limit. As long as the players you referred plays at Dunder you will get a cut of the revenue they generate.
How do you know and track the players that I’m referring to you?
As long as you use the links and banners you can find in Media Gallery in your Dunder Affiliate account they are connected to you by the unique tracking link.
What are your Terms & Conditions?
You can find them right here!
Affiliate Terms and Conditions
The following is the complete Terms and Conditions to apply as a member of www.dunder.com Affiliate Program. Please read this agreement completely. These terms are a legal agreement between Mediaology Limited, a company incorporated in Gibraltar with registration number 107628 with its registered address at Suite 5B, Watergardens, Block 1 GX11 1AA, Gibraltar ( “Dunder”, “Company”, “us” or “we”) and you (“you” or “the Affiliate”) which regulates the relationship between you and us (“The Affiliate Agreement” or “Agreement”). By registering for the Affiliate Programme, and / or by accessing and utilising any of our marketing tools or accepting any reward, bonus or commission, whether contained in the Affiliate Agreement or elsewhere as a part of our Affiliate Programme, you represent that: (i)you have read, understood and agreed to be bound to the Terms and Conditions set out in this Affiliate Agreement and (ii) you are at least 18 years of age. The Company reserves the right to amend, alter, delete or extend any provisions of this Agreement, at any time and at its sole discretion, without giving any advance notice to the Affiliate, and shall use its reasonable endeavors to notify the Affiliate of such changes. Changes shall take effect as of the date on which they are published on this website unless otherwise stated in any relevant notice. The Affiliate shall be prompted to accept any changes upon logging into their account. It is your duty and obligation to ensure that you keep your contact and other information updated and to inform us of any changes at [email protected]
In the event you do not wish to commence, or otherwise wish to terminate this Agreement, you are requested to email the Affiliate Team at [email protected] to terminate your membership to the Affiliate Programme.
In the case of a conflict between this Agreement and the General Terms and Conditions, this Agreement shall prevail.
- “Affiliate” means you, the natural person or entity, who applies to participate in the Affiliate Programme.
- “Affiliate Application” means the application by virtue of which the Affiliate applies to participate in the Affiliate Programme.
- “Affiliate Programme” means the collaboration between the Dunder and the Affiliate, whereby the Affiliate will promote the Company Websites and create the Links from the Affiliate Website(s) to the Company Websites and thereby be paid a Commission as defined under this Agreement depending on the traffic generated to the Company Websites subject to the terms and conditions of this Agreement and to the applicable Dunder Commission Structure.
- “Affiliate Services” means the Affiliate’s promotion of the Company Websites and the creation of the Links from the Affiliate Website(s) to the Company Websites.
- “Affiliate Website(s)” means one or more websites on the Internet which are maintained, operated or otherwise controlled by the Affiliate and / or any website which the affiliate uses to display Approved Marketing Materials and / or Links.
- “Approved Marketing Material” means the banners, text and/or other online or offline promotional materials, media and/or any associated intellectual property rights thereto which is either provided to the Affiliate by Dunder or is created by the Affiliate (in accordance with Dunder's marketing guidelines as communicated by Dunder from time to time) and as approved by Dunder.
- "Commission" means the percentage of the Net Revenue due to the Affiliate calculated on the basis of the Dunder Commission Structure.
- "Dunder Commission Structure" means the commission structure contained under Clause 19 below or any specific commission structure expressly agreed to in writing between Dunder and the Affiliate.
- "Dunder" means the Company and any related group company responsible for the operational activities of the Company Websites.
- “Dunder Group” means, in relation to Dunder, the Company, its parent company and the other subsidiaries of such parent company as may be added or removed from time to time.
- “Company" means Mediaology Limited, a company incorporated in Gibraltar with registration number 107628 with its registered address at Suite 5B, Watergardens, Block 1 GX11 1AA, Gibraltar.
- “Company Website(s)” means the online gaming website/s operated and/or managed by the Company www.dunder.com and/or any other website which may be operated and/or managed by the Company as may be communicated to the Affiliate from time to time.
- “Confidential Information” means any information of commercial or essential value for either of the Parties including, in relation to Dunder, any information relating to any Dunder Group company such as, but without limitation, financial reports and condition, trade secrets, know-how, prices, business information, products, strategies, databases, information about New Customers, other customers and users of the Company Websites, technology, marketing plans and manners of operation.
- “Data Protection Legislation” means all applicable data protection, privacy and electronic marketing legislation, including, but not limited to, the General Data Protection Regulations (EU 2016/679) and any related national legislation, as well as any rules or regulations issued by a competent authority at any time.
- “General Terms and Conditions” means the general terms and conditions and privacy policies which can be found on the Company Websites.
- “Intellectual Property Rights” means any copyrights, patents, trademarks, service marks, inventions, domain names, brands, business names, utility brands, rights in computer software, source codes, rights in databases and know-how, design rights, Confidential Information, whether registered or unregistered and/or any other rights, titles and/or interest in the nature of the aforesaid.
- "Links" means Internet hyperlinks from the Affiliate Website(s) to the Company Website.
- "Net Revenue" means in relation to casino and sportsbook: all monies received by Dunder from New Customers in relation to bets placed or casino activities less (a) monies paid out to New Customers as winnings, (b) bonuses and/or loyalty bonuses, (c) administration fees, (d) fraud costs, (e) charge-backs, (f) returned stakes (g) monies paid out as duties or taxes (h) jackpot contributions and (i) any commissions/fees due to third parties for providing/licensing games and/or games software;
- “New Customer” means a new first time customer to the Company Websites who: - Has created a new player account, registering directly after having been referred from the Affiliate Website(s) to the Company Websites; and has made a first deposit amounting to at least the applicable minimum deposit in the Company Websites player account, in accordance with the applicable General Terms and Conditions, but excluding the Affiliate, its employees, relatives and/or friends.
- “Parties” means the Company and the Affiliate (each to be referred to individually as “Party”).
- “Referred Affiliate” means any individual and/or entity that an Affiliate of Dunder refers to Dunder and who can be linked to the Affiliate’s unique Affiliate account / identity, as a result of which person or entity becomes an Affiliate of Dunder.
- You shall provide the Affiliate Services solely and exclusively via the use of the Approved Marketing Material. You shall not provide any Affiliate Services other than via the use of Approved Marketing Material and You fully indemnify Dunder for any damages resulting from the use of any marketing or advertising material which is not Approved Marketing Material.
- You maintain, control and operate the Affiliate Website(s) and all content and material contained therein or in the alternative have appropriate contractual controls reflecting those within this agreement for any third party website where you display the Approved marketing Materials and / or Links and warrants and undertakes that the Affiliate Website(s) or such contracted third party websites and all content and material contained therein is and shall, for the duration of the Affiliate Programme, be compliant with applicable law and shall not contain any non-compliant, illegal, unlawful, defamatory, libellous, discriminatory, obscene, violent, pornographic, derogatory or otherwise inappropriate content or material, or content or material which infringes any third party rights.
- You will not present the Affiliate Website(s) and/or its content or material as creating an impression that it is in any form or manner associated with, Dunder and/or any Dunder Group company.
- This Affiliate Agreement sets out the general terms and conditions of the Affiliate Programme and is entered into between and is binding upon Dunder and the Affiliate.
- By completing and accepting the Affiliate Application Form, You accept and agree to abide by all the terms and conditions of the Affiliate Agreement including any marketing guidelines as may be issued by Dunder from time to time and which are available here.
- his Agreement shall be binding on the Affiliate as soon as the Affiliate submits the Affiliate Application but shall not be binding or enter into effect in relation to Dunder until Dunder approves the said Affiliate Application.
3. Acceptance of an Affiliate
- You are solely and exclusively responsible to ensure that any and all information submitted in the Affiliate Application Form is correct, true and kept up to date at all times and accept that the Affiliate Application Form shall form an integral part of the Affiliate Agreement with Dunder.
- Dunder shall evaluate the Affiliate Application Form submitted and will notify you in writing (via email) of Dunder's acceptance or otherwise of the request to enter into the Affiliate Programme. Dunder adopts a risk-based approach in the consideration of Affiliate Application Forms in accordance with applicable laws and regulations. Dunder reserves the right to refuse any request at its sole and absolute discretion. Dunder's decision is final and not subject to any right of appeal. The Affiliate agrees to submit any and all documentation and information requested by Dunder to verify the information submitted in the Affiliate Application Form, the Affiliate’s identity and any other relevant information. The documentation which may be requested by Dunder shall include, without limitation documentation attesting to the identity of the individual or entity, recent proof of address and bank statements. The Affiliate understands and accepts that Dunder will require such documentation to be updated with more recent records from time to time and undertakes to inform Dunder of any and all changes to the information submitted in the Affiliate Application Form and to provide Dunder with updated documentation throughout the duration of the Affiliate Programme.
- Dunder may, at its absolute and sole discretion, conduct additional verification checks to the ones referred to in sub-clause 3.2 above at any time following submission of the Affiliate Application Form and throughout the duration of the Affiliate Programme. In particular but without limitation, the Affiliate shall provide to Dunder together with the submission of the Affiliate Application Form and by no means later than thirty (30) days from submission of same, (i) in the case of an individual, a copy of a valid identification document, such as an identity card, a passport or a driving licence, together with proof of address, such as via a recent bank statement or utility bill not older than three (3) months or, (ii) in the case of a legal entity, a copy of the certificate of incorporation, the memorandum and articles of association and a certificate of good standing not older than six (6) months, together with identification documents and proof of address as explained above for individuals holding the position of directors, ultimate beneficial owners and shareholders holding twenty-five per cent or more of the legal entity’s shareholding. Dunder may at its sole and ultimate discretion request additional documentation and information from the Affiliate as may be required from time to time. Dunder reserves the right to withhold the payment of any Commission due to the Affiliate, to not recognise New Customers and/or Referred Affiliates and to withhold any compensation which may otherwise be due to the Affiliate as a result thereof and to temporarily suspend the Affiliate Account unless and until all such requested information and documentation has been supplied to Dunder's satisfaction.
- Once confirmed by Dunder in accordance with this clause 3, the Affiliate is granted the non-exclusive, limited and unassignable right to provide the Affiliate Services to Dunder in accordance with this Agreement. The Affiliate understands that Dunder may and shall procure Affiliate Services from other third parties performing services of the same or similar nature to those provided by the Affiliate. Unless in accordance with this Agreement, the Affiliate shall have no further claim towards Dunder for the payments of Commission, fees or any other compensation for its activities.
4. Affiliate Representations and Warranties
The Affiliate hereby represents and warrants that it/he/she:
- it has, and will retain throughout the term of this Agreement, title and authority to enter into this Agreement, to grant the rights and perform all its obligations in this Agreement;
- in the case of a natural person, is aged 18 or over, or aged 21 or over in the case of the Affiliate being resident in Estonia.
- it has provided Dunder with complete, valid and truthful information and shall update and inform Dunder of any and all changes to such information;
- it has obtained and will maintain in force throughout the term of this Agreement all necessary registrations, authorisations, consents and licenses necessary to fulfill its obligations under this Agreement;
- is not involved in or does not intend to be involved in any act or traffic that constitutes or can reasonably be expected to constitute fraud or illegal activity, including, without limitation, money laundering activities.
- it shall comply with all provisions of this agreement, as well as all applicable laws and regulations in force from time to time in the performance of its obligations and the provision of the Affiliate Services, including, but not limited to the Gambling Act (UK), the Licence Conditions and Codes of Practices (UK), the CAP Code and the Non-CAP Code (UK) as applicable, the Lotteries and Other Games Act (Malta) & Remote Gaming Regulations (applicable until 30.06.2018), the Gaming Act (Malta) (applicable from 01.07.2018), the Malta Gaming Authority’s Code of Conduct on Advertising, Promotions and Inducements and of the rules issued by the relevant competent gaming authorities and any other rules, directives, guidelines, instructions communicated by either of the competent authorities or the Company, as well as with all Data Protection Legislation.
- is in possession of all appropriate consents or otherwise has a solid legal basis to process personal data in terms of the Data Protection Legislation and to conduct its activities under this Agreement, specifically to generate traffic and refer customers to Company Websites.
- fully understands and accepts the terms of the Agreement.
- understands that the role of the Affiliate shall be specifically limited to the advertisement, marketing and promotion of the Company Websites, subject to the terms and conditions of this Agreement. For the sake of clarity, it is accepted and understood that the Affiliate is not authorised to enter into any direct or indirect communications with any New Customers or any potential or existing customers of Dunder in relation to activities carried out on the Company Websites or any disputes or complaints arising therefrom.
5. Responsibilities and Obligations of Dunder
- Upon the Dunder's acceptance of the Affiliate’s request to enter the Affiliate Programme in accordance with this Agreement, a unique player tracking code is assigned by Dunder to the Affiliate, and the Affiliate is integrated in the technical platform of the Company Websites. By means of the unique player tracking code, New Customers acquired via the Link(s) on the Affiliate Website(s) and the bets placed during such sessions are registered and/or tracked.
- Dunder shall provide the Affiliate with all required information and Approved Marketing Material necessary for the Affiliate to provide the Affiliate Services to Dunder. Dunder shall not be responsible for the creation of the Links from the Affiliate Website(s) to the Company Websites, nor for any marketing or advertising material which is not Approved Marketing Material. Dunder shall not be held liable for any fines, sanctions and/or other damages which may be incurred by the Affiliate as a result of its non-compliance with this Agreement, Dunder's instructions and/or all applicable laws and regulations in force from time to time. The Affiliate shall fully indemnify and shall keep Dunder safe and harmless from any fines, sanctions and/or other damages which may be incurred by Dunder as a result of the Affiliate’s non-compliance with this Agreement, Dunder's instructions and/or all applicable laws and regulations in force from time to time.
- Dunder shall be responsible for the content and presentation of any material specifically provided to the Affiliate by Dunder, if any, for the purposes of the execution of this Agreement. Provided that nothing contained in this Clause 5.3 shall be interpreted as to having the effect of relinquishing the responsibility of the Affiliate with respect to the manner in which the material provided to it by Dunder is presented on the Affiliate Website or is generally distributed (or any other medium to be used by the Affiliate for the purposes of this Agreement) and for the suitability and compliance thereof with all applicable laws, rules and regulations.
- Dunder shall administer the turnover generated via the tracking links, record the net revenues and the total amount payable to the Affiliate, whilst further providing the Affiliate with relevant player statistics.
- Subject to the Affiliate’s adherence with this Agreement and all applicable laws and regulations, Dunder shall pay the Affiliate the Commission due thereto as calculated pursuant to clause 8 of this Agreement, for the Affiliate Services provided.
- Dunder hereby notifies the Affiliate, which accepts, that personal data (as defined in the GDPR) pertaining to the Affiliate and/or any of its employees (if any) may be collected by Dunder and shall be utilised solely in the context of, and as is necessary for, the performance of this Agreement or in the pursuance of any legal obligation or legitimate interest.
- Dunder shall use its reasonable endeavours to ensure that whenever a New Customer is directed to Company Websites and registers a new account, the relevant New Customer is identified as originating from the Affiliate’s Website(s). However, Dunder shall not be held liable if it is unable to identify a New Customer as originating from the Affiliate’s Website(s).
6. Dunder's right to refuse or close New Customers’ accounts and Affiliate Programme applicants
- Dunder may at its sole and absolute discretion refuse to recognise any New Customer or to suspend or close down a New Customer's player account if, in the sole and final opinion of Dunder, such action is deemed to be necessary to comply with Dunder's licences, internal policies and/or its player terms and conditions found here and/or applicable laws and regulations and/or to protect the interests of Dunder.
- Dunder may refuse any applicant for the Affiliate Programme and/or may suspend or close down any Affiliate account if, in the sole and final opinion of Dunder, such action is necessary to comply with Dunder's internal policies and/or applicable laws and regulations and/or to protect the interests of Dunder. If the Affiliate is in breach of this Agreement, Dunder may, besides suspending and/or closing down the Affiliate's account, take any other steps in accordance with this Agreement and/or at law to protect its interests.
7. Responsibilities and Obligations of the Affiliate
- The Affiliate hereby warrants and undertakes:
- to use its best efforts to actively and effectively advertise, market and promote the Company Websites to potential customers, by providing Links and disseminating Approved Marketing Material received from Dunder on the Affiliate Websites, or via other marketing channels as may be approved in writing by Dunder;
- to use its professional skills and expertise to actively and effectively advertise, market and promote the Company Websites as widely as possible, and in a manner which reflects industry affiliate best practice, in order to maximize the benefit to the parties whilst abiding by the General Terms and Conditions as may be brought forward from time to time and/or as are published online;
- to ensure that all news, information, content, Approved Marketing Content, offers and promotions in relation to Dunder are current and up to date;
- to abide by the Dunder marketing guidelines as may be made available to the Affiliate and as may be amended from time to time and not to use any marketing or advertising material and/or content which is not Approved Marketing Material in accordance with this Agreement;
- to only use marketing material as shall be provided to the Affiliate by Dunder for the purposes of the advertisement, marketing and promotion of the Company Websites. The Links and/or the marketing material shall not be amended or altered without the prior written consent of Dunder. Dunder shall be responsible for the content of any material specifically provided to the Affiliate by Dunder, if any, for the purposes of the execution of this Agreement;
- to be wholly liable and responsible for the development, operation, presentation and maintenance of the Affiliate Website(s) as well as for all material appearing on the Affiliate Website(s) or generally distributed (via any other medium as may be approved in writing by Dunder) and to ensure that the Affiliate Website(s) including all of its content and material is in accordance with any and all applicable laws and regulations in force from time to time; whilst further ensuring that any promotions are displayed in a clear and transparent manner;
- to market and refer potential players to Company Websites entirely at its own cost and expense. The Affiliate will be solely responsible for the distribution and manner of its marketing activities. All of the Affiliate’s marketing activities must be professional, proper and lawful and conducted in accordance with applicable laws and all local conduct of business requirements;
- to ensure that the Affiliate’s login details for the Affiliate’s account on the Company Websites are kept confidential, safe and secure. The Affiliate shall be solely responsible for any unauthorised use of their login details and for all activity and conduct on the Affiliate’s account, whether authorised by the Affiliate or not. The Affiliate shall immediately and without delay inform Dunder of any suspected illegal and/or unauthorised use of the Affiliate’s account;
- to immediately and without delay notify Dunder upon suspicion that any New Customer referred by the Affiliate to the Company websites is a bonus abuser, money launderer or fraudster or an abuser of remote gambling websites;
- to use only a tracking link provided to the Affiliate within the scope of the Affiliate Programme. In default of this, no warranty whatsoever can be assumed for proper registration and sales accounting.
- not to send any material via direct marketing means to customers whom the Affiliate knows or should reasonably know to be self-excluded with Dunder;
- to, at all times, abide by all the relevant advertising and/or marketing rules, legislation and guidelines issued by the competent authority/ies of the country in which the Affiliate intends to advertise, market and promote the Company Websites, as well as the countries in which the Company’s Websites are licensed to operate.
Without prejudice to the generality of the foregoing, the Affiliate undertakes to abide by the marketing guidelines contained under ‘Annex A’ found here below. Further annexes may be added from time to time should the Operators acquire licenses in other markets, and in any case at the sole discretion of Dunder.
Dunder reserves the right to request the Affiliate to immediately remove any promotional material which may be brought to its attention and which it deems, in its sole absolute discretion, to be in breach of any relevant advertising and/or marketing rules, its own ethics, guidelines or brand strategy.
For the sake of clarity, it is expressly stated that Annex A, as well as any further annexes added from time to time, and the obligations contained therein, shall form an integral part of this Agreement.
- The Affiliate further undertakes, represents and warrants that:
- that it will not perform any act, and that the Affiliate Website(s) neither does nor will contain any material, which is libelous, discriminatory, obscene, immoral, unlawful or otherwise unsuitable or which contains sexually explicit, pornographic, obscene or graphically violent material.
- The Affiliate shall not use any Affiliate Links or otherwise place any digital advertisements whatsoever featuring the Company Websites and/or any Dunder Group company’s Intellectual Property Rights (or in any other way link to or drive traffic or provide Affiliate Services to any of the Company’s Websites) on any on any sites (whether owned by a third party or otherwise) which may, in any manner, be considered to be obscene, immoral, unsuitable or are otherwise black-listed and identified on the Police Intellectual Property Crime Unit (PIPCU) database. Such sites include, but are not limited to, those that: are aimed at children, display illegal pornography or other illegal or unacceptable sexual content, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities or in any way violate the intellectual property rights of any third party (including for the avoidance of doubt, any illegal streaming websites) or of Dunder or of any Dunder Group company or breach any and all applicable laws and regulations, including without limitation the relevant advertising regulations or codes of practice in any territory or any jurisdiction where such Affiliate Links or digital advertisements may be featured or where the Affiliate targets the provision of its Affiliate Services. The Affiliate shall ensure that it is aware of the location of each of such advertisements. Dunder reserves the right to periodically request a list of all locations used by the Affiliate to promote the Company Websites to ensured continued compliance. Accordingly, the Affiliate can only advertise the Company Websites on websites and through media accounts and channels that have been disclosed to and approved in advance by Dunder.
- that it will not advertise the Company Websites on Facebook without having first obtained a Facebook Addendum signed on behalf of Dunder. Similarly, the Affiliate shall obtain the written consent of Dunder prior to promoting the Company Websites on any other social media platform.
- that it will not publish an advertorial or website review pertaining to the Company Websites or any brands connected thereto without having received the prior approval in writing of Dunder.
- that it will not target any person who is under the legal age for gambling, and shall ensure all necessary steps are taken to prevent materials being available to persons under the legal age for gambling also, without limitation, you will not provide materials relating to gambling which are meant to or will appeal particularly to children or young people;
- that it will not target any jurisdiction where gambling and/or the promotion thereof is unlawful and/or illegal, as may be updated from time to time by the competent authorities. Without prejudice to the generality of the foregoing, the Affiliate is expressly prohibited from advertising the Company Websites on Dutch (.nl) websites or domain names which refer to typical Dutch themes in combination with gaming terminology (eg. “clogbingo”). The marketing material pertaining to the Company Websites shall not be displayed on sites which are in the Dutch language, and any reference to Dutch themes like clogs and windmills, or bonuses which may specifically appeal to Dutch nationals by virtue of their names or associated prizes is prohibited. Furthermore, The Affiliate shall not be eligible for any Commission and/or any other compensation or payment for any Affiliate Services provided in any jurisdiction where gambling and/or the promotion thereof is illegal.
- you acknowledge Dunder's ongoing commitment for the prevention of gambling addiction and you will cooperate with Dunder to actively reduce gambling addiction by, for example, placing links provided by Dunder on the Affiliate Website(s) which direct traffic to websites involved in the prevention of gambling addiction
- (you will ensure that you and all of your employees and partners undertake responsible gambling training once per year throughout the term of this Affiliate Agreement.
- that it will not generate traffic to the Company Websites by unlawful, illegal or fraudulent means, particularly, but not limited to, by:
- Sending spam. This includes all formats of spam, including but not limited to emails and/or sms’ that meet any one of the following criteria: (a) are unsolicited and sent to a large number of addressees, (b) contain false or misleading statements, (c) does not honestly identify the source of the originating email address, (d) does not contain an online and real time ‘Remove’ option or causes software download, installation or similar action with addressee consent.
- Incorrect meta tags.
- Registering as a New Customer or making deposits directly or indirectly to any player account through a unique player tracking code(s) for its own personal use and/or the use of its relatives, friends, employees or other third parties, or in any other way attempt to artificially increase the Commission and/or any other compensation which may otherwise be due or payable to you or to otherwise defraud Dunder or any Dunder Group company. Any Violation of this provision shall be deemed to constitute fraud for the purpose of this Agreement;
- presenting the Affiliate Website(s) in such a way that it might evoke any risk of confusion with the Company’s Websites and/or Dunder and/or any Dunder Group company or convey the impression that the Affiliate Website(s) is partly or fully associated with the Company’s Websites and/or Dunder and/or any Dunder Group company; and
- Popups, popunders and cookie dropping. This includes but is not limited to popups, popunders and dropping customer cookies. If you have media sources/websites that do not contain libelous, discriminatory, obscene, unlawful or otherwise unsuitable material and you are planning pop ads campaigns, pre-approval from Dunder is required in all cases.
- that the Affiliate Website/s and any other medium which may be used by the Affiliate to advertise, market and promote the Company Websites in terms of this Agreement shall at all times uphold the standards of best practice by including, without limitation, the promotion of responsible gambling and containing ‘18+’ (or any other higher age restrictions that may apply to different jurisdictions) and responsible gambling warning messages and logos and links to the sites of agencies/organisations that help vulnerable customers on any pages/sites/media that links the potential customer to the Company Websites. All the above must be prominently displayed, visible and readable at all times. If using GIFs or any other media which cannot be edited, the elements must be in the text instead. In addition, the positioning of the support institution in images and banners must not appear as though the support institution is promoting or endorsing a game, brand or offer.
- that it must not promote the Company Websites in connection with Matched Betting and Arbitrage Betting, which, for the purposes of this sub-clause, is defined as any method of betting or wagering which is intended to give players a guaranteed win with no risk, including, but not limited to, the use of free bets.
- that it will not purchase, attempt to register, or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service which are identical or similar to any of the Company Websites and trademarks, trade names or otherwise.
- that it will not use any of the Company Websites’ trademarks, trade names or otherwise include the terms contained therein or variations that are confusingly similar, in affiliate URLs. Brand names may not be used in a derivative URL or subdomain.
- with the exception of the Approved Marketing Material and/or material, content and information as may be provided by Dunder and/or made available to the Affiliate from time to time throughout the duration of the Affiliate Programme, the Affiliate shall not use the Company’s Websites and/or any other terms, trademarks, banners, logos, text, images, material, content containing any Intellectual Property Rights of Dunder or any Dunder Group company unless Dunder provides its prior authorisation in writing for such use to the Affiliate. For the avoidance of doubt, the Affiliate may not use Dunder's name, brand, logos, banners, images, text, trademarks, content, material and/or Intellectual Property Rights (including graphics and design material) in any direct marketing communications, including without limitation email, SMS and/or push notifications) or otherwise intended to promote Dunder or any Dunder Group Company unless with the prior authorisation in writing of Dunder and in accordance with all applicable laws and regulations in force from time to time.
- you accept that you are wholly responsible to seek prior authorisation in writing from Dunder prior to launching, publishing and/or using any marketing material which is not Approved Marketing Material and that it must be able to produce evidence of such prior authorisation in writing upon request by Dunder;
- you will not offer any rake-back, cash-back, value-back or similar programmes, other than such programmes as are offered by Dunder and/or any Dunder Group company and/or which have been authorised in writing by Dunder prior to their launch by the Affiliate;
- prior to sending any direct marketing communications to individuals (including but not limited to email, SMS and/or push notifications) which (i) include any of Dunder Intellectual Property Rights and / or Approved Marketing Materials ; or (ii) otherwise intend to promote Dunder, you must first have permission from Dunder. If such permission is granted by Dunder you must then ensure you have obtained each and every recipient’s explicit consent to receive marketing communications and that such individuals have not opted out of receiving such communication. You must also make it clear, so that no confusion is caused (in regards to the sender of such communication) to the recipient that all marketing communications are sent from you and are not from Dunder. For the avoidance of doubt, should you wish to engage any third parties in connection with the provision of such direct marketing communications, you shall be responsible for ensuring such third parties comply with the requirements of this clause;
- that, subject to the immediately preceding sub-clause, the use of direct marketing shall include and/or display any relevant details as required by the applicable competent authorities, particularly key promotion terms and conditions as required, together with any responsible gambling requirements (for example, ’18+’ icon, and a link to gambling charity websites). Further, all such e-mails or SMS messages shall contain the full name of the Affiliate and address – and shall never purport to have been sent by Dunder (in its capacity as data controller under GDPR). All e-mail messages shall contain a fully operational ’Unsubscribe’ link. All SMS messages shall contain a fully operations ’STOP’ or ’Unsubscribe’ option. The Affiliate expressly warrants that it shall maintain a fully updated register of all unsubscribe and STOP requests and corresponding e-mail addresses and mobile phone numbers, and Dunder shall be entitled to receive a copy of such register immediately upon request. The Affiliate warrants that any such direct marketing shall only be done where the customers have validly given their consent to receive such as required under the Data Protection Legislation;
- you will not open affiliate accounts and/or submit Affiliate Application Forms for acceptance into the Affiliate Programme on behalf of third parties or attempt to transfer its own Affiliate account to any third party without Dunder's prior authorisation in writing.
- Dunder reserves the right at its sole and absolute discretion to suspend and/or terminate the Affiliate’s account with immediate effect and/or deduct money from the Affiliate account if any traffic is deemed to have been referred through fraudulent means or otherwise in breach of this Agreement.
- If it is proved to Dunder's satisfaction and at its sole and absolute discretion that any Commission and/or other compensation due to any Affiliate has been lost due to an incident of intellectual property theft, revenue generated by the offending Affiliate may be paid to the aggrieved Affiliate. Complaints regarding intellectual property theft shall be sent to [email protected] It is at the sole and absolute discretion of Dunder to determine whether there is enough proof that the loss of earnings suffered by the aggrieved party resulted from an incident of intellectual property theft.
- The Affiliate is to be aware that any operation from its end which runs counter to this Agreement may result in very serious consequences for the Affiliate itself, for Dunder and/or for any Dunder Group company, including without limitation, fines, penalties, breach of license conditions including the possibility of suspension, withdrawal or imposition of conditions thereon and its general ability to do business, as well as potential civil and criminal action against the Affiliate, Dunder and/or any Dunder Group company by the respective authorities. Without prejudice to any of Dunder’s rights herein and/or at law, Dunder may forthwith terminate this Agreement, either in part or in its entirety, and/or may suspend or terminate any Affiliate account should any Affiliate act in breach of any of the provisions of this Agreement and the Affiliate shall be held fully responsible and liable towards Dunder and/or any Dunder Group company for any such resulting fine, penalty, claim, action, suspension or loss or revocation or the imposition of new licence conditions which is caused to Dunder and/or to any Dunder Group Company as a result of any Affiliate’s acts or omissions as the case may be.
- Subject to the Affiliate’s strict adherence with this Agreement, Dunder agrees to pay the Affiliate the Commission in return for the provision of the Affiliate Services in accordance with the Standard Commission Structure and/or any other structure as may be agreed to in writing by and between the Parties. The Commission is stated to be exclusive of value added tax or any other applicable tax. In case of any change to the applicable VAT, the Commission shall be adjusted to reflect such change in such a way that the amount of Commission payable by Dunder shall not increase or otherwise change to the detriment of Dunder.
- The Commission is calculated at the end of each month and payments shall be made by the 15th of the following calendar month, provided that the amount due exceeds €100 or a higher amount chosen by the Affiliate in his/her settings of the affiliate account (the "Minimum Threshold"). If the balance due is less than the Minimum Threshold, it shall be accumulated and carried over to the following month and shall be payable when the total Commissions collectively exceeds the Minimum Threshold.
- In the calculation of Commission where Net Revenue is negative due to New Customer winnings and/or administration fees and/or cash items and/or progressive contributions, the balance due to the Affiliate will be set to zero. A negative balance due to fraud costs will however be carried over where applicable, especially but without limitation in cases such as costs resulting from fraudulent activity and/or from intellectual property theft as contemplated in Clause 7.4 and/or from financial sanctions incurred under Clause 7.5 hereinabove.
- In the event that a Customer has obtained a cumulative win of 7,000 Euros on any of the Company Websites in any given calendar month, such Customer shall be deemed a High Roller. When calculating the High Rollers Commission, where such Commission earned from an Affiliate in relation to a High Roller(s) is a negative amount in any given calendar month, we shall have the right to carry forward such negative amounts which shall be applicable to and set off against any future Commission payable to the Affiliate in relation to the High Roller(s) until the negative balance has been fully set off against future positive Commission.
- Payment of Commissions shall be made in accordance with the payment method chosen by the Affiliate in the Affiliate Application. If an error is verified as having been made by Dunder at its sole and absolute discretion in the calculation of the Commission, Dunder reserves the right to correct such calculation at any time.
- In case of overpayment in favour of the Affiliate, Dunder reserves the right, at its sole and absolute discretion and without prejudice to its other rights and remedies under this Agreement and/or at law, to summon the Affiliate to immediately refund the difference, or to deduct the corresponding amount of overpayment to the Affiliate from the following month’s Commission, and each month thereafter, until the debt is repaid in full.
- In case of underpayment, Dunder reserves the right, at its sole and absolute discretion and without prejudice to its other rights and remedies under this Agreement and/or at law, the right to add the corresponding amount of underpayment to the Affiliate’s Commission in the following calendar month.
- The Affiliate's acceptance of the payment of the Commission shall be deemed to constitute the full and final settlement of the balance due for the relevant period.
- If the Affiliate disagrees with the balance due as reported, it shall notify Dunder within thirty (30) days from the date of payment and state the reasons of the disagreement as well as provide any and all relevant supporting documentation and evidence. Failure to notify Dunder within the prescribed time limit shall bed absolute deemed to be considered as an irrevocable acknowledgment of the balance due for the period indicated.
- Dunder may in its sole and absolute discretion withhold the payment of any balance to the Affiliate for up to one hundred-and-eighty (180) days for the purpose of investigating and verifying the lawfulness of the Affiliate’s Affiliate Services provided and the Affiliate’s compliance with the provisions of the Affiliate Agreement and/or its adherence with any and all laws and regulations.
- No payment shall be due if Dunder has reasons to believe that the traffic generated by the Affiliate is illegal, artificial, generated in bad faith or is in breach of any of the provisions of the Affiliate Agreement or of any applicable laws and regulations.
- The Affiliate agrees to return all Commissions and any other compensations or payment received as a result of or based on fraudulent, falsified, artificially generated transactions and/or transactions achieved in bad faith and shall indemnify Dunder for all expenses, costs, penalties, damages and/or losses incurred in relation to such transactions (including, but without limitation, legal fees and costs).
- Dunder reserves the right to set limits for a minimum level of activity on Affiliate's accounts. Such minimum activity levels will be continuously reviewed and Dunder reserves the right to terminate any Affiliate not reaching the minimum level of activity. Such minimum shall be determined by Dunder at its sole and absolute discretion.
- The Affiliate shall have the sole responsibility to pay any and all taxes, levies, fees, charges and any other money payable or in any jurisdiction in accordance with any and all applicable laws and regulations (if any) to any tax authority, department or other competent entity as a result of the Commission and compensation generated and/or the provision of the Affiliate Services under this Agreement. Dunder shall under no circumstances whatsoever be held liable for any such amounts unpaid but found to be due by the Affiliate and the Affiliate shall fully indemnify Dunder for any and all such amounts in the event that Dunder has to disburse such amount.
9. Affiliate Website(s) and the Links
- The Affiliate expressly acknowledges and agrees that the use of the Internet, the provision of the Affiliate Services and compliance with the terms of this Agreement are at the Affiliate's own risk. Dunder makes no guarantee in relation to the accessibility of the Company’s Websites at any particular time or any particular location. Dunder shall in no event be liable to the Affiliate or any other third party for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of, the Company’s Websites.
- During the term of this Agreement, the Links shall be prominently displayed on the Affiliate Website(s) in accordance with what is agreed between Dunder and the Affiliate. The Affiliate undertakes that it will display the Links to the Company’s Websites at least as prominently as any other sales link on the Affiliate Website(s) and where descriptive information accompanies any competitors’ links, the Links shall be accompanied by a description which shall have been provided in writing by Dunder and/or approved in writing by Dunder prior to publication of the description.
- Dunder has the right to monitor the Affiliate’s activity throughout the duration of the Affiliate Programme, including without limitation the Affiliate Website(s) in order to ensure the Affiliate's compliance with the terms and conditions of this Agreement and any and all applicable laws and regulations and the Affiliate shall provide Dunder with all data, information and documentation as may be requested by Dunder from time to time in order to perform such monitoring.
- The Affiliate shall not register or purchase domain names, keywords, search terms or other identifiers for use in advertising or search or referral services which are similar or identical with the Intellectual Property Rights of Dunder and/or any Dunder Group company or which include the word "Dunder " or variations thereof or which in any way refer or relate to Dunder and/or any Dunder Group Company. The Affiliate shall not create any applications or Internet pages falsely representing Dunder or any Dunder Group company in any way, shape or form on any social media channels (including, but not limited to, Facebook, Google+, Twitter etc.).
- The Affiliate shall not take any action which could cause any confusion as to Dunder's or the Company’s Websites’ relationship with the Affiliate and the Affiliate Website(s).
- The Affiliate shall ensure that the Affiliate Websites and any third party websites used by the Affiliate at all times comply with data protection and privacy regulations, legislation and subsidiary legislation as may be applicable from time to time, including without limitation the General Data Protection Regulation. Without limitation to the foregoing, the Affiliate shall always inform visitors to the Affiliate Website(s) and any third parties to whom it directs or targets its activities of the processing of their data and their rights as data subjects, including, without limitation, that tracking technology will be installed on the users’ hard drive when the user clicks on the Links and provide the user with an option to reject such installation.
- The Affiliate Website(s) shall have at least an opt-in facility for visitors to subscribe to the receipt of Approved Marketing Material from the Affiliate via any means of communication, including without limitation SMS or email. This is preferably done on a double opt-in basis. Should this facility be missing from the Affiliate’s end, any marketing material sent by the Affiliate will be considered by Dunder as spam. Dunder may immediately terminate this Agreement upon receipt of any complaint from any individual, entity or authority concerning the Affiliate’s marketing activities and/or any Approved Marketing Material in which Dunder's and/or any Dunder Group company or any of its products/services have been referred to
- Any communications and/or Approved Marketing Material sent by the Affiliate shall always contain an unsubscribe facility whereby recipients may opt to stop receiving the Approved Marketing Material from the Affiliate.
- The Affiliate shall ensure that any Approved Marketing Material and/or communication sent to recipients, shall only be received by individuals who are of legal age in the jurisdiction where they reside and who have actively consented to receive such communications.
- This Agreement may be terminated by either party by giving a thirty (30) day written (by email at [email protected]) notice to the other party. provided that this Agreement shall be automatically terminated in the event Dunder and/or any Dunder Group company is precluded for any reason whatsoever from offering the online gaming services to customers through the Company’s Websites.
- This Agreement may be terminated immediately by Dunder by giving notice in writing (including by email) if the Affiliate is in material breach of any of its obligations under this Agreement and/or of any applicable laws and regulations and/or if its conduct causes Dunder and/or any Dunder Group company to fall in breach of any of its licence conditions and/or any and all applicable laws and regulations. the Agreement shall be considered terminated as of the date on which Dunder notifies the Affiliate of its decision to terminate the Agreement on the strength of this clause 10.2. In this event, the Parties agree that Dunder may take any action it deems appropriate, including the withholding of any unpaid commissions as of the date of termination as security for any perceived/anticipated/contingent liabilities or claims that may arise against Dunder due to the breach or activities of the Affiliate and it shall be at Dunder ‘s sole and absolute discretion whether to pay such earned but unpaid Commissions to the Affiliate;
- This Agreement may also be terminated by either of the Parties by giving notice in writing (including by email) to the other Party if the other Party is declared bankrupt or insolvent by court order or if any bankruptcy or insolvency proceedings are commenced against the other Party or in the event of any similar situation indicating that the other Party is insolvent.
- Dunder may also terminate this Agreement immediately by giving notice in writing (including by email) for business reasons or for any other reason in accordance with its internal policies, standards and controls. Where Dunder terminates this Agreement in accordance with this sub-clause 10.4, it shall endeavor to provide a minimum of thirty (30) days’ prior notice in writing of such termination, however, where this is not feasible, termination may be effected by Dunder at such earlier day and without the requirement of notice. In such case, the Affiliate shall nevertheless be entitled to compensation for a thirty (30) day period from the date of notice of effective termination.
- The Parties hereby agree that on termination of this Agreement howsoever achieved:
- the Affiliate must, within seventy two hours of receipt of the abovementioned notification, remove all references to The Company, Dunder and/or its brands and/or the Company Websites from the Affiliate’s websites and/or other marketing channel and communications, irrespectively of whether the communications are commercial or otherwise. The foregoing shall not apply to Dunder's players’ complaints recorded on the Affiliate Website(s) which are recognised as Alternative Dispute Resolution bodies by accredited arbitrators’ institutions;
- all rights and licenses granted to the Affiliate under this Agreement, if any, shall immediately terminate and all rights shall revert to the respective licensors, and the Affiliate will cease the use of any trademarks, service marks, logos and any other Intellectual Property Rights vested in the Company, Dunder and the Company’s Websites;
- the Affiliate will only be entitled to such Commission that is earned but unpaid as of the effective termination date of this Agreement; however provided that Dunder may withhold the Affiliate's final payment for a reasonable time for internal verification purposes to ensure that the correct amount is paid. The Affiliate will not be eligible to earn or receive Commissions after the effective termination date;
- the Affiliate must return to the Dunder any and all Confidential Information (and all copies and derivations thereof) in the Affiliate’s possession, custody, and control;
- the Affiliate will release the Company/Dunder from all obligations and liabilities occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination. Termination will not relieve the Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination and/or to any liability arising from any breach of confidential information even if the breach arises at any time following the termination of this Agreement. The Affiliate’s obligation of confidentiality towards The Company/Dunder shall survive the termination of this Agreement; and
- all rights and licences enjoyed by the Affiliate under this Agreement and/or under the Affiliate Programme shall immediately terminate.
11. Liability and Indemnification
- The Company/Dunder shall not be liable (in contract, tort, for breach of statutory duty or in any other way) towards the Affiliate or any third party for:
- any economic losses, including but without limitation, loss of profits, revenues, business, contracts or anticipated savings
- any indirect or consequential losses of the Affiliate; or
- any loss of goodwill or reputation of the Affiliate.
- Without prejudice to Dunder's rights and remedies under this Agreement and/or at law, the Affiliate agrees to defend, indemnify and hold Dunder and any Dunder Group company, its affiliates, successors, officers, employees, agents, directors, shareholders and attorneys, safe and harmless from and against any and all claims, fines and liabilities, including reasonable legal and expert fees, related to or arising from:
- any breach of Affiliate’s representations, warranties or obligations under this Agreement, including the obligations contained in Annex A;
- save for the provisions of clause 7.4, the Affiliate's use (or misuse) of the Approved Marketing Material and Dunder's and/or any Dunder Group company’s Intellectual Property Rights;
- all conduct and activities occurring under Affiliate’s account;
- any defamatory, libelous, illegal, discriminatory, obscene, violent, pornographic, derogatory or otherwise inappropriate content or material contained on the Affiliate Website(s) or Affiliate’s information and data;
- save for the provisions of clause 7.4, any claim or contention that the Affiliate Website(s) or the Affiliate’s information and data infringes any third party rights, including and without limitation any patent, copyright, trademark, or other intellectual property rights or violates any third party’s rights of data protection, privacy or publicity;
- third party access or use of the Affiliate Website(s) or the Affiliate’s information and data;
- any claim related to Affiliate Website(s) or the Links; and
- any violation of this Agreement or any applicable laws, including Data Protection Legislation.
- The Company, Dunder and its group companies reserves the right to participate, at their own expense, in the defence of any matter or claim in relation to the above.
12. Data Protection
- Upon the registration of New Customers with the Company Websites, the Parties acknowledge that they shall be acting as controllers in common (and not joint controllers) in respect of the independent processing of such New Customers’ personal data. For the purposes of completion, where the Company is a white-label the data controller in respect of New Customers may be a third-party licence holder.
- Dunder may, at its sole discretion, request that the Affiliate evidences its compliance with this clause 12.3 and the Affiliate shall provide reasonable proof to this effect within 10 days of the receipt of such request.
- Throughout the duration of the Affiliate Programme, the Affiliate may from time to time be entrusted with confidential information relating to, without limitation, business and financial, lists of customers and buyers, as well as price and sales information and any information relating to products, records, operations, business plans, processes, product information, business know-how or logic, trade secrets, market opportunities, technology applications of Dunder and/or any Dunder Group company and personal data of the Company/Dunder shall be treated as confidential. The Affiliate shall use the Confidential Information only for the purposes necessary to further the commitments of and honour its obligations under this Agreement. For the avoidance of doubt, the Affiliate must not use the Confidential Information for any own commercial purpose or any other purpose other than those in this Agreement.
- The Affiliate agrees to avoid disclosure or unauthorised use of the Confidential Information to third persons or outside parties unless with Dunder’s prior written consent.
- The Affiliate shall only use customer data provided by Dunder. Any Confidential Information (including but not limited to contact numbers and residential addresses) provided by customers to third parties shall not be used by the Affiliate to provide the Services to Dunder under this Agreement.
- The Affiliate shall not issue any press release or any other communication to the public with respect to its participation in the Affiliate Programme without the prior consent in writing of Dunder.
- This clause 13 shall survive the termination of this Agreement and shall continue to apply indefinitely.
14. Intellectual Property
- Upon acceptance into the Affiliate Programme, Dunder grants to the Affiliate a limited, royalty-free, non-exclusive and non-transferable licence to use the Intellectual Property Rights of Dunder and/or Dunder Group companies which is incorporated in the Approved Marketing Material and/or which is otherwise approved in writing by Dunder, which licence shall terminate immediately upon termination of this Agreement howsoever achieved. Other than the licence granted by virtue of this sub-clause 14.1, nothing contained in this Agreement or otherwise will grant the Affiliate any right, title or interest in the trademarks, trade names, service marks or other intellectual property rights [hereinafter referred to simply as ‘marks’] of the Company/ Dunder and/or any Dunder Group company. For the avoidance of doubt, nothing in this Agreement shall constitute any license, assignment, transfer or any other right to any Intellectual Property Rights. At no time during or after the term will the Affiliate allure, attempt, challenge, assist or allow others to challenge or to register or to attempt to register the marks of the Company/Dunder. Provided also that Affiliate shall not register nor attempt to register any mark or website domain which is identical or similar to any mark which belongs to the Company/ Dunder.
- All Intellectual Property Rights created by the Affiliate and/or deriving from this Agreement, (including, but without limitation, advertising materials, databases and personal data) shall be and become the sole property of the Company/ Dunder without any rights to the Affiliate.
- At no time during or after the term of this Agreement, shall a Party attempt,, challenge, assist or allow others to challenge or to register or attempt to register the Intellectual Property Rights or any rights similar to the Intellectual Property Rights of the other Party or of any group companies of the other Party.
15. Relationship of the Parties
Nothing contained in this Agreement, nor any action was taken by any party to this Agreement, shall be deemed to constitute either party (or any of such party’s employees, agents, or representatives) an employee, or legal representative of the other party, nor to create any partnership, joint venture, association, or syndication among or between the parties, nor to confer on either party any express or implied right, power or authority to enter into any agreement or commitment on behalf of (nor to impose any obligation upon) the other party.
- In case of any discrepancy between the meanings of the English version of this Agreement and any non-English translation of this Agreement, the English version shall prevail. Unless otherwise expressly agreed to in writing by and between the Parties, in case of any discrepancy between this Agreement and any informal or formal, verbal or written understanding, agreement, correspondence and or conversation by and between the Parties relating to the provision of the Affiliate Services by the Affiliate, this Agreement shall be taken to be the prevailing agreement reached by and between the Parties and shall supersede and replace any previous communications, understandings and arrangements previously in place by and between the Parties relating to the subject-matter thereof.
- Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement.
- No waiver in relation to this Agreement will be implied from conduct or failure to enforce any rights and all waivers must be in writing to be effective.
- Any notice given or made under this Agreement to Dunder shall be sent by email to and marked for the attention of the Affiliate Manager of the Company’s Websites unless otherwise notified by Dunder. Dunder shall send all notices by email to the email address supplied by the Affiliate in the Affiliate Application.
- The Affiliate may not assign this Agreement or any rights hereunder, by operation of law or otherwise, without the prior written consent of Dunder. Dunder may assign this Agreement and all its rights hereunder to any Dunder Group company or to any other third party without obtaining the prior consent of the Affiliate.
- Dunder's failure to enforce the Affiliate's adherence to all terms outlined in the Affiliate Agreement shall not be construed to constitute a waiver of the right to enforce such right at any time.
- Dunder and the Affiliate will work in close cooperation at all times for the mutual benefit thereof and for the successful provision by the Affiliate of the Affiliate Services in accordance with this Agreement.
- Neither party shall be liable to the other for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from a cause beyond its reasonable control, including but not limited to labour disputes, strikes, industrial disturbances, acts of God, acts of terrorism, floods, lightning, utility or communications failures, earthquakes or other casualty. If such event occurs, the non-performing Party is excused from whatever performance is prevented by the event to the extent prevented provided that if the force majeure event subsists for a period exceeding thirty (30) days then either Party may terminate this Agreement with immediate effect by providing a written notice.
- Unless otherwise expressly agreed, this Agreement shall constitute the entire agreement and understanding superseding any agreement between the Parties. In case of conflict between this Agreement and any other agreements entered into between Dunder and the Affiliate, the contents of this Agreement shall prevail. Each Party acknowledges and agrees that by entering into this Agreement, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person (whether Party in this Agreement or not) other than as expressly set out in this Agreement. Nothing in this article shall operate to limit or exclude any liability for fraud.
17. Amendments to this Agreement
- The Company/ Dunder reserves the right to, at any time and at its sole discretion, with or without giving any prior notice to the Affiliate, amend, alter, delete or add any of the provisions of this Agreement. If applicable, a written notice of the amendments will be sent to the Affiliate’s registered email address and such notice will be deemed to be served once sent by Dunder. The Affiliate’s continuing participation in the Affiliate Program after any amendments or modifications have been made public will be deemed as the Affiliate’s acceptance of the new terms and conditions.
- It shall be the sole responsibility of the Affiliate to keep updated with the latest version of this Agreement.
18. Governing Law & Jurisdiction
The validity, construction and performance of this Agreement and any claim, dispute or matter arising under or in connection to this Agreement or its enforceability shall be governed and construed in accordance with the laws of Malta. The Parties irrevocably submit to the exclusive jurisdiction of Malta Arbitration Centre, Malta, over any claim, dispute or matter under or in connection with this Agreement and/or its enforceability.
19. Commission Structures
Dunder Commission Structure calculated on a monthly basis:
NDC/month Affiliate's Commission
- 0-5 NDC 25% of Net Revenue
- 6-10 NDC 30% of Net Revenue
- 11-20 NDC 35% of Net Revenue
- 21-40 NDC 40% of Net Revenue
- 41+ 45% of Net Revenue
Annex A – General Marketing Guidelines
- The Affiliate shall not publish, through any medium whatsoever, advertising, or publish content related to Dunder on sites/pages/media which displays content, that:
- encourages anyone to contravene gaming laws;
- is not socially responsible, with particular regard to the need to protect children, young persons and other vulnerable persons from being harmed or exploited;
- portrays, condones or encourages gambling behaviour that is socially irresponsible or could lead to financial, social or emotional harm;
- exploit the susceptibilities, aspirations, credulity, inexperience or lack of knowledge of children, young persons and/or other vulnerable persons;
- shows people aged below eighteen years gambling;
- encourages, targets or is otherwise directed at those aged below eighteen years through the selection of particular media or the context in which such appears. For the sake of clarity, the Affiliate understands and accepts that no content on its website (or in any other promotional material which may be used to promote the Company Website/s) shall feature cartoon characters, animals and fairy tale themes or any other content generally that has particular appeal to children or persons below the age of eighteen.
- be likely to be of particular appeal to children or young persons (under 18s), especially by reflecting or being associated with youth culture;
- is false or untruthful, particularly about the chances of winning or the expected return to a player;
- suggests that gambling can be a solution to financial concerns, an alternative to employment or a way to achieve financial security;
- suggests that skill can influence games that are purely games of chance;
- promotes smoking, drugs usage, violence and/or the abuse of the consumption of alcohol while gambling;
- suggests that gambling can provide an escape from personal, professional or educational problems such as loneliness and depression;
- portrays gambling as indispensable or as taking priority in life over, for example, family, friends or professional/educational commitments;
- contains endorsements by well-known personalities or celebrities that suggest gambling contributes to their success;
- link gambling to seduction, sexual success or enhanced attractiveness, or otherwise generally exceeds the limits of decency;
- tarnishes the goodwill and privilege that is associated or related, in any manner, with holding a gaming licence or otherwise tarnishes the image or reputation of another licensee;
- trivialise gambling or give the impression that the decision to gamble should be taken lightly. For example, advertisements must not encourage repetitive or frequent participation, not encourage people to gamble more than they otherwise would; exercise caution when encouraging people to take advantage of promotions or opening accounts; and not encourage people to spend more than they can afford;
- promote religion; for the avoidance of doubt, elements of pop culture (only from countries where players are accepted) are allowed, as long as they do not exploit cultural beliefs or traditions. Examples of allowed elements: Santa hat, Santa dressing, Christmas tree and lights, presents, Easter bunny, Easter eggs, text "Merry Christmas"/"Happy Easter"/"Happy Diwali" and similar text for any religious festivals, fireworks, lights, oil lamps, candles, flowers, flower garland, national costumes, national meals, festive sweets. Examples of elements not allowed: bible or religious books, religious quotes, religious signs, religious decorations, Jesus, gods or deities, religious crosses, resurrection scenes, crucifixion scenes, temples, churches, temple or church paintings, temple or church statues or decorations, liturgical or religious scenes, prayers. National elements are only permitted about countries from which we accept players.
- In addition to the above, the Affiliate shall not:
- conduct a promotion that commits people to gamble for a minimum period of time to qualify for a player reward scheme; or
- conduct a promotion that commits people to gamble a minimum amount of money to qualify for a player reward scheme;
- conduct a promotion which encourages people to participate in any way under undue time constraints or which may be regarded as overly pressuring, for example by using wording and/or phrases such as ‘Bet Now’.
- The Affiliate must ensure that any promotional material indicates or provides a link to the rules, procedures and conditions of the particular promotion. The full conditions must not be further than 1 click away.
- The Affiliate accepts and understands that the above-mentioned rules are not exhaustive and it shall further abide with all other relevant advertising and/or marketing rules issued by the competent authority/ies of the country in which the Affiliate intends to advertise, market and promote the Company Websites, if any and those issued by the competent authorities in which Dunder is licensed to operate.
- In the event that any competent authority requires operators to ensure that no marketing material is sent to persons that are subscribed to a national self-exclusion register, the Affiliate undertakes to take the steps necessary to integrate or cross check its marketing distribution list against the national self-exclusion database and ensure that no person found on the national self-exclusion list ever receives any marketing material.
Annex B – Switzerland Specific Conditions
- The restrictions included within this Annex B are over and above those contained in Annex A.
- Our policy is not to pay any commission for any new traffic (from the 15th March 2019 onwards) deriving from Switzerland which is generated as a result of promotion on channels which breach the below conditions.
- We do not permit any advertising of our brands on:
- .ch sites;
- Sites or other channels which are in English however make specific reference to Switzerland (such as “Best Swiss Online Casinos” or “Casinos that Accept Swiss Customers” or any similar sites or channels, including social media channels);
- Promotions of our brands on any site or other channel alongside any article which makes reference to Switzerland, including also the legal situation in Switzerland;
- Sites or other channels where there are specific Swiss themes;
- Sites or other channels that have a name which is typically associated with Switzerland;
- Sites or other channels where the audience is typically Swiss;
- Any channel of an affiliate, if the affiliate itself promotes its brand in Switzerland (such as in bars, on bus-stops, on Swiss TV, Swiss Radio etc.).
Annex C – Hungary Specific Conditions
- The restrictions included within this Annex C are over and above those contained in Annex A.
- In addition to all the requirements listed above, all marketing to which Hungarian players may be exposed to must be done according to any specific requirements mentioned in this section.
- We do not permit any advertising of our brands on:
- a .hu site.
- Sites or other channels containing Hungarian language. The brand’s website also cannot be translated to Hungarian.
- Sites or other channels which are in English, which however make specific reference to Hungary or Hungarian players.
- Sites or other channels where: online casinos that accept Hungarian players are mentioned; the website or channel (including but not limited to affiliate sites or social media channels) is in Hungarian, is aimed at Hungarian players or there is a predominant Hungarian audience.
- Sites or other channels containing Hungarian flags or the colours of the Hungarian flag.
- Sites or other channels containing Hungarian imagery or iconography (turul, goulash, paprika, chain bridge, tulips, etc).
- Sites or other channels that commemorate Hungarian festivities, bank holidays, or other notable national dates/events
- Sites or other channels containing any Hungarian problem gambling help facilities or any Hungarian alternative dispute resolution agencies or similar bodies, or lists the brand as having any relation with those.
- Sites or other channels that employ anything that can be deemed of particular appeal to Hungarian consumers or native Hungarian speakers.
- Sites or other channels, where it could be construed as affiliates or any other 3rd party activity targeting Hungarian customers, assessed in accordance with the criteria above.
Annex D – Japan Specific Conditions
- The restrictions included within this Annex D are over and above those contained in Annex A.
- Advertisement and marketing of online gambling in Japan is a criminal offense.
- Multi-Level Marketing (MLM), offline marketing, street marketing and any type of marketing that can leave a physical trail (like for example post, newspapers, TV and Radio) is strictly prohibited in Japan and we shall not allow the procurement of this type of services.
- Online marketing practices, like for example online adverts and marketing, brands website banners and promotional pages, games, social media, direct marketing, VIP schemes are of the entire responsibility of the brand.
We respect your privacy and we are committed to protecting your personal data. This commitment exists throughout the lifecycle of the personal data which you provide to us, from the design of any Dunder service which uses personal data to the deletion of that data. We process your personal data in compliance with the EU General Data Protection Legislation (the “GDPR”), (Regulation 2016/679) and the Maltese Data Protection Act (Chapter 586 of the Laws of Malta) as well as the various subsidiary legislation issued under the same – the ‘DPA’.
- Information about who we are and how to contact us;
- Transparency about how we collect and use your personal data, including when and how it is shared and the categories of recipients;
- Information on how we protect your personal data;
- Information about your rights, the choices available to you, and how we will facilitate your rights and respond to your questions.
- IMPORTANT INFORMATION AND WHO WE ARE
- THE DATA WE MAY COLLECT ABOUT YOU
- HOW IS YOUR DATA COLLECTED
- HOW WE USE YOUR PERSONAL INFORMATION
- SHARING OF YOUR PERSONAL DATA
- INTERNATIONAL TRANSFER
- DATA SECURITY
- DATA RETENTION
- YOUR LEGAL RIGHT
- AUTOMATED PROCESSING – PROFILING
1. IMPORTANT INFORMATION AND WHO WE ARE
This Website and our Services are not designed or directed to persons under the age of 18 with respect to the use of the Services (“Legally of Age”). If you are not Legally of Age, you should not use the Services nor provide any personal information to us.
The Controller is part of the Casumo Group (which means those companies having Casumo Holdings PLC, CRN- C 63156 as their ultimate parent company).
The Casumo Group has established an Intra Group Data Transfer Agreement which governs any transfer of personal data within the companies form part of the Casumo Group.
- Our full details are:
- Full name of legal entity: Mediaology Limited
- Company registration number: 107628
- Email address: [email protected]
- Postal address: The Unicorn Centre, Triq Il-Uqija, Swieqi, SWQ 2335, Malta
- Data Protection Officer: [email protected]
2. THE DATA WE MAY COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified, directly or indirectly. It does not include data where the identity has been removed (anonymous data).
We may collect personal data from you because of a legal reason or because you have consented us to do so for a specific purpose. We may collect, use, store and transfer different categories of personal data about you, which we have grouped together as follows:
Registration Data includes first and last name, username or similar identifier, date of birth, territory applicable social security number where permitted or required by law, gender, country.
Contact Data includes postal address, email address and telephone number(s).
Identification and Verification Data (Anti-Money Laundering/Due Diligence/KYC data) includes first and last name, permanent address and proof of address, date of birth, nationality, employment history and information, adverse media report, financial status and information (e.g. bank statement, source of income and source of wealth, tax information), Politically Exposed Person check, Sanction check screening, masked credit card details, proof of e-wallet ownership such as Neteller, Skrill, Paypal, Paysafe, KYC documentation (e.g. ID card, passport, utility bill, any other document as may be specified in sectoral implementing procedures issued by the relevant regulator authorities).
Responsible Gambling Data (RG) including name, surname, Zip Code, email, phone number, country, date of birth, territory applicable social security number where permitted or required by law , approved transactions (deposits and withdrawals), denied transactions (deposits and withdrawals), Identification and Verification Data, Self-exclusion Data.
Self-exclusion Data includes data pertaining to you and your self-exclusion such as your Registration and Contact Data and your self-exclusion details such as reason, start and date, utilisation of self-exclusion tools such as exclusions, session limit, loss limit, wager limit, deposit limit, reality check.
Financial Data includes payment card details and bank account details.
Transaction and Usage Data includes details generated through your use of our Services (e.g. playing Games) and include payments to and from you (deposits, withdrawals, failed deposits and reversed withdrawals) and other details of Services you have purchased from us (such as bets, wagers (real and bonus), wins), date and time of the transactions, account balances (bonus and real), bonuses used (conversion and forfeiture), bonuses turnover, bonuses balance, channels used, transaction games played, language, country, account balances.
Log in Data includes internet protocol (IP) address, your logins (first log in last login, last failed login), duration of log ins, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our Services.
Profile Data includes internal notes to your account, interests and preferences.
Marketing Communications Data includes your preferences in receiving marketing from us (opt in/opt out).
Other Communication Data provided by you in communication with us (via recorded calls, chats, emails, or SMS) which may include various data such as your intentions, interests, complaints, preferences, as well as internal communication and notes.
Analytics Data include various data provided by your observed with respect to your use of our Website and Services such as your player ID, language, location, browser data, campaigns utilised, channels used, device, payment provider, Transaction and Usage data and in case of online acquisition analytics also pages visited, postcards clicked, scroll depth. Certain information is collected using cookies and/or similar tracking technology.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life or sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). However, there may be times when you may voluntarily choose to disclose information like this to us, such as when you are speaking with our Ambassadors or Responsible Gaming Specialists, and these chats and emails are assigned to your account with us. Where you have a health condition that affects your ability to control your gambling behaviour and you choose to provide us with documentation to support this, we will make note that you have a health condition but delete the documentation you provide to us. Where you disclose a health condition which we feel may impact your ability to make rational decisions around your gameplay, we may take the decision to block you from our Services for your own safety.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
We collect your personal data through different methods, including:
Direct interactions - you may give us your Registration, Contact, Identity and Verification, Marketing and Communications and Financial Data by filling in forms or by corresponding with us by phone, email or otherwise when you engage with us to provide you with our Services.
Third parties and publicly available sources - We may combine the information we collect from you with information that we receive about you from other sources, such as public databases, providers of demographic information and other third parties. Due to regulatory requirements we collect know your customer (KYC) information from specialised third parties. Such information is collected only when it is reasonably necessary for the organisation’s activities.
Automated technologies or interactions - We and our third-party service providers may collect information automatically from your device in a variety of ways, including:
- Through your browser or device: Certain information is collected by most browsers or automatically through your device, such as your IP, device type, language and the Internet browser type you are using.
- Through your use of an app: When you download and use our apps, we may track and collect app usage data, such as the date and time the app on your device accesses our Servers and the information and files that have been downloaded to the app.
IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with information related to your query).
4. HOW WE USE YOUR PERSONAL INFORMATION
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- To process your registration, set up and look after your account (including checks made to age verify you and to guard against fraud);
- To provide and operate the Services (such as for gaming/betting and payment processing);
- To communicate with you and to keep you informed of our latest updates to our Services and special offers;
- For legal and regulatory reasons, to comply with our legal obligations and license conditions such as Anti-money laundering and responsible gaming; including for the purpose of ascertaining your source of funds or income, or as required by other governmental authorities, or to comply with a subpoena or similar legal process or respond to a government request;
- Providing, maintaining, enhancing and personalizing the Services and analysing how customers use the Services and the Website;
- To know your preferences and to try to ensure that the content on our Website is presented in the most effective manner for you and your computer or mobile device;
- To market our Services (see more below under “Marketing”), as well as to serve you advertisements, including behavioral advertising;
- To communicate with your and to process any of your requests to exercise your Legal Rights;
- To identify and authenticate your access to certain features of the Services;
- To detect and prevent fraudulent and illegal activity or any other type of activity that may jeopardize or negatively affect the integrity of the Services, including by identifying risks associated with your activity on our Services;
- To investigate violations of our policies and Terms and Condition as well as enforce our policies and the Terms and Conditions; and
- To investigate and resolve disputes in connection with your use of the Services.
Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending direct marketing communications to you via email, text message or by post. You have the right to withdraw consent to marketing at any time by either unsubscribing from our mailing list or by contacting our DPO.
PURPOSE FOR PROCESSING YOUR PERSONAL DATA
We have set out below, in a table format, a description of all the ways we use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground, we are relying on to process your personal data where more than one ground has been set out in the table below.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To register you as a new player, identify you and verify you when you access your Account to allow you to participate in games.||Performance of a contract with you|
|To allow you participate in the games.||Performance of a contract with you|
|To process and manage transactions||Performance of a contract with you|
|To manage our relationship with you, to provide you with access to our Services.|
|For AML/CTF and due diligence purposes||Necessary to comply with legal obligations|
|To establish and investigate any suspicious behaviour in order to protect our business from any risk and fraud||Legitimate interests (detection and prevention of fraud)|
|Identification and investigation of gaming activity for responsible gaming purpose||Necessary to comply with legal obligations|
|Responsible gaming profiling||Necessary to comply with legal obligations|
|To ensure that self-excluded players with respect to Dunder or any other brand/company within Mediaology Limited Group are duly self-excluded and do not access our Services.||Necessary to comply with legal obligations|
|Direct marketing of our own Services including bonuses, news, and promotions.|
|Direct marketing of products and services including promotions of any other brand/company within Mediaology Limited Group.||Consent|
|Social Media Marketing|
|Customer segmentation for the purposes of tailored offers and bonuses sent via direct marketing.||Legitimate Interests (to promote our own Services, to develop our business and enhance our relationship with you by targeted offers)|
|To administer and protect our business and this portal (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)|
We may use your personal data, such as your email address and telephone number, ourselves or by using our third party subcontractors for the purpose of providing you with promotional materials (including news and bonuses), concerning our Services as well as products, services and promotions which relate to other companies within the Mediaology Limited Group, which we believe may interest you.
We will use your personal data for the purpose of providing you with promotional materials solely where we have a legitimate interest in doing so, or where we have obtained your affirmative consent.
When relying on legitimate interest, Dunder will give you the opportunity to oppose to such direct marketing when registering on our Site.
When relying on consent, the consent may be granted by you when registering on our Site.
In both cases, if you do not wish to receive direct marketing any longer, you may opt out, easily, at any time, either by:
- activating the relevant link at the end of an electronic message, or
- contacting us, or
- changing your Settings in your profile.
In case of social media marketing, you can control the delivery of certain advertising or social campaigns through the settings offered by the respective third-party platforms (e.g. Facebook).
In addition, if you download our mobile application to your device from the Apple AppStore or Google Play, the only way to prevent receipt of notifications is by changing the settings on the device itself.
THIRD PARTY TRACKING TECHNOLOGIES
When you visit or access our Services (for example when you visit our Website), we use (and authorise third parties to use) cookies, pixels other technologies ("Tracking Technologies").
The Tracking Technologies allow us to automatically collect information about you and your online behaviour, as well as your device (for example your computer or mobile device), for different purposes, such as in order to enhance your navigation on our Services, improve our Services’ performance and customize your experience on our Services. We also use this information to collect statistics about the usage of our Services, perform analytics, deliver content which is tailored to your interests and administer services to our users and players.
CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact our DPO.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. SHARING OF YOUR PERSONAL DATA
We may have to share your personal data with the following categories of Recipients:
- Professional advisers including lawyers, bankers, auditors and insurers based in Malta who provide consultancy, banking, legal, insurance and accounting services.
- Any service providers that may have access to your personal data in rendering us with their support services, for example, IT service providers, payment service providers, game providers for the purpose of provision of games, AML providers providing and/or processing certain data for the purposes of compliance with our AML obligations, analytic services providers, service providers that technically enable communication with you (via email, chat, SMS, phone), marketing service providers, data hosting service providers, Website performance and security systems service providers.
- Mediaology Limited Group companies. We may disclose personal data processed to other companies within the Mediaology Limited Group in accordance with Intra Group Data Transfer Agreement.
We require all third parties that are acting as processers to Dunder to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
Where required by law, your personal information may be disclosed to an applicable governmental, regulatory, sporting or enforcement authority. Your personal information may also be disclosed to any regulatory or sporting body in connection with policing the integrity or enforcing the rules of a sport or game and/or prevention and detection of crime and where the Company considers that there are reasonable grounds to suspect that you may be involved in a breach of such rules or the law, have knowledge of a breach of such rules or the law or otherwise pose a threat to the integrity of the relevant sport or game. Those bodies may then use your personal information to investigate and act on any such breaches in accordance with their procedures.
6. INTERNATIONAL TRANSFERS
Where your personal data is transferred outside the EEA, we use best efforts to ensure that your personal information is protected through contractual means (such as by using the standard contractual clauses (“SCCs”) approved by the European Commission for data transfer) or other means (such as ensuring that the European Commission decisions determined that such jurisdictions offer adequate level of protection).
7. DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. DATA RETENTION
HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Details of retention periods for different aspects of your personal data are available in our Data Retention Policy which you can request from us by contacting our DPO.
Where your personal data is no longer required by us, we will either securely delete or anonymise the personal data in question.
9. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction tof the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
RIGHT TO MAKE A COMPLAINT
You have the right to make a complaint at any time to the Information and Data Protection Commissioner Office (IDPC), the Maltese supervisory authority for data protection issues. We would, however, appreciate the chance to deal with your concerns before you approach the IDPC so please contact us in the first instance. The IDPC’s contact details are as follows,
- Address: Level 2, Airways House, High Street, Sliema
- Email: [email protected]
- Website: https://idpc.org.mt/en/Pages/contact/complaints.aspx
- Landline: 2328 7100
10. AUTOMATED PROCESSING – PROFILING
AUTOMATED PROCESSING FOR RESPONSIBLE GAMING PURPOSES
Dunder is on the basis of the applicable laws and license conditions legally obliged to monitor its players in order to identify people who may be experiencing, or at risk of developing, problems with their gambling, and interact with them to offer help or support. To this end, and to fulfil this obligation, by using historic data describing behaviour of players, in particular certain Responsible Gaming Data, Transaction and Usage Data, and Other Communication Data (in particular notably sentiment used in message). Dunder has established rules regarding who is likely to suffer from gambling addiction and then take relevant action.
Decisions, on the basis of the prediction, are not taken automatically without human intervention.
AUTOMATED PROCESSING FOR ANTI-MONEY LAUNDERING PURPOSES
Dunder is, on the basis of the applicable laws and license conditions, legally obliged to monitor its players in order to identify potentially suspicious activities regarding AML/CFT. Based on data describing the behaviour of players, in particular Transaction and Usage Data, the algorithm suggests a risk profile.
Decisions, on the basis of the prediction, are not taken automatically and require human intervention.
AUTOMATED PROCESSING FOR DIRECT MARKETING SEGMENTS
By making use of Your Transaction and Usage data, certain Registration Data such as gender, country, date of birth and Your overall interaction with our services, we analyse and establish various segments of the customers/players. These segments are then processed manually, in order to ensure that we provide the most appropriate offers and bonuses to our players. These decisions are not taken automatically without human intervention. The process is based on legitimate interest of Dunder regarding providing customised and quality experience for the players. You can object to such processing by contacting us or changing your preferences in your account.
This version was last updated on 31.12.2020 and historic versions can be obtained by contacting us.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
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"We at Casino Online are constantly looking for premium casino partners. Dunder is one of our favourite parters due to the great conversion rates and player value. The new casino design at Dunder is popular with our visitors at CasinoOnline.casino and we are sure the improvements will continue in 2018."
"Being the most easy to use casino guide in the world we only want to work with the absolute best casino brands. Dunder both offers great free spins no deposit and casino bonuses that our visitors love. Truly recommended for other online casino guides to work with."
”We had a great experience working with DunderAffiliates. Very professional and easy to communicate with. They provide an amazing brand which offers a good welcome bonus. Looking forward to continuing working together!“
”Dunder casino is yet a new casino on the market, but it's different than others since the guys behind the brand have been in the casino business for a long time and know what they do. The player value is excellent and the site itself is very well converting. “
"We’ve seen a lot of brands come and go but no other casino has ever attracted as much attention as Dunder does. The click through rates are astonishing and so are conversion rates. Simply amazing, as long as you promote them in the right way: as a new, fresh and safe alternative. If you’re serious about affiliation, don’t miss out!“
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"We love working with Dunder Affiliates. The team behind this casino is professional, accurate and communication is great. Our visitors also like playing at Dunder Casino. I would recommend other affiliates to try Dunder. You won’t be dissapointed."
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