The player's requesting a refund of his money as he was supposed to be self excluded. The complaint was rejected as the player's issue occurred almost 4 years ago and we can't enforce the casino to refund anything to the player.
Hello,
I am writing this complaint as Gunsbet support have constantly said to contact DPO Dama N.V. which I have done and they have went silent now on the matter so now I am trying to resolve this through here.
This matter is in relation to responsible gambling not followed towards the player.
Please note.
An email that was sent and received from Dama N.V. states blocking dates were correct initially with the 2019 year. Dama N.V. have also stated they cannot help with regards to refunds as they are the Data Protection Officer and only deal with Data not in regards to funds.
A message that I wrote to Dama N.V.:
I'm contacting you in relation to the blocking dates again. In previous emails you stated that I was correct with 25.11.2019 and you confirmed as such in your emails.
This is again confirmed then by the chat transcripts and the various messages through the multiple sites that confirmed this date above and previous dates. (Screenshots can be provided)
A message to all support in this email(Sent to sites operated by Dama N.V.):
This blocking date was confirmed by the administration Direx N.V. which should have transferred/stayed the same when the take over was done by Dama N.V., you still have records as such of previous sites signed up to in 2019 as can be seen from the information that has been provided to me by you. Data retention was completed by Direx N.V. but not followed through with by Dama N.V., it may have been human error or a technical fault but the evidence is there to state that the administration at the time, Direx N.V., had blocked me from accessing their sites and when you took over the action should have been continued as such. This unfortunately was not the case. That error falls with you and your sites administration as the information was passed along but failed to continue on your end.
I refer you to (Terms and conditions):
Data Recipients
We may pass information that you have given us to other entities within our group of companies and to our business partners. These companies include our parent companies, their parent companies and all of the subsidiaries of these respective companies, as well as other companies with whom we carry out business and hold necessary agreements. Data processing of your information may be undertaken by the Company or by another entity in our group of companies, which may use a third party to fulfill such data processing needs.
Employees of the Company, more specifically Data Protection Officer, Money Laundering Officer, Payments &Anti-Fraud analysts, Customer Support agents, Customer Retention team members, VIP player managers as well as other selected employees, shall also have access to your Personal Information for the purpose of executing their duties and providing you with assistance.
Also in regards to your (terms and conditions):
Releasing Data To Third Parties
Should the Company undergo any changes to its structure such as a merger, acquisition by another company or a partial acquisition, it is most likely that our customers’ personal data will be included within the sale or transfer.
Dama N.V. knew everything about my personal information and also acquired my personal information from Direx N.V. as can be seen through the information provided back to 2019. If my personal information was not acquired through the "takeover" of Direx N.V. how did you, Dama N.V., acquire my information? The operation of the sites stayed the same and the only thing that changed was the ownership which went from Direx N.V. to Dama N.V.
As the records state, which have been provided by Dama N.V., and clearly show my Data was acquired by Dama N.V. in the "takeover" my information was not blocked across the system, I was not informed by Direx N.V./Dama N.V. of such an event.
This is the evidence that was requested of me to show proof of the administration blocking initially but failing to continue to carry out the action throughout it's system. My email and personal information was initially blocked under Direx N.V. but failed to continue to do so under the new ownership of Dama N.V.
This is the above statement that was sent to Gunsbet and several other Dama N.V. operated sites and the answer I received was contact DPO Dama N.V., I did and received no response.
The issue I have is Direx N.V. had all my information on file and as per the emails I received if I attempted to sign up to any sites my information was blocked immediately (Name, DOB, Address, etc.) Dama N.V. took over and they allowed the sign up to happen yet kept my information from Direx N.V. and could provide it to me when requested.
They did not follow through with my request and as such I am requesting a refund of funds for the lack of responsible gambling towards the player which they had that information on file but failed to follow through with.
Kind regards,
AndyShan37
Dear Shandy37,
Thank you very much for submitting your complaint. I’m sorry to hear about your problem. Unfortunately, there’s not written that all your accounts in other casinos of the same owner will be blocked or self-excluded automatically, but quite the opposite. Please understand that if you self-exclude yourself from one casino it doesn’t necessarily mean that you are protected on all the other associated websites. Casinos may, but are not obligate to refund your deposit in such cases.
Furthermore, this casino has a Curacao license which doesn't legally bind all sister casinos to self-exclude players from the whole platform. Unless the casino has MGA or UK license, we do not proceed with complaints regarding self-exclusions like this.
Could you please advise if you did request for self-exclusion directly in this casino? If yes, do you still have access to your account?
Regards,
Nick
Hello Nick,
Thank you for the response.
I understand that if you apply for self exclusion that all other accounts across casinos with the same operator might not be self excluded.
I received it in writing that the administration at the time, Direx N.V., with several emails of evidence, self excluded my information from their sites. This information was supplied in the first email sent to you.
DPO Dama N.V. stated that my information should have been blocked on the date I stated above.
I contacted the site about the issue and was told contact DPO Dama N.V., I contacted DPO Dama N.V., they said contact the site.
It's a lot of back and forth with no result. I have however received refunds from several sites from 2020 but not previous to that. They have claimed liability to certain dates but not all.
All sites that operated under Direx N.V. at the time, when I tried to open accounts with they immediately blocked. Dama N.V. took ownership of those sites and all of a sudden I was able to sign up. I have the evidence from DPO Dama N.V. to show that evidence as well if required.
Kind regards,
Shandy37
Dear Shandy37,
As your case is related to an entire casino group not just a single casino, and the issues is a little more complex than an usual self-exclusion, we will be discussing your complaints with our team next week.
We will provide a relevant answer after that.
Regards,
Nick
Dear Shandy37,
After looking into your cases with our team we came to the conclusion that we will be rejecting your complaints.
Based on the forwarded communication, the group really did mention blocking you within the entire group.
However, as the casino where you excluded yourself has Curacao gaming license, they are not obligate to exclude you in any of their sister casino. If they do refund you any balance from any of the casinos, it is entirely up to their good-will.
Unfortunately, we can't proceed in resolving the complaint as we do not deal with complaints which occurred over a year ago as it is very hard, mostly impossible to gather enough data as most casinos do not even store player data for longer than a year.
You can always try to request for a refund from each casino directly or ask the license for support but we are not entitled to enforce any casino to pay you.
I'm really sorry that we could not help you out more and for that reason please submit your complaint within a reasonable time frame in the future so we will be able to assist you.
Best regards,
Nick