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Herbst Gaming Inc. -- ONLINE PRIVACY POLICY ( Effective as of January 1st, 2008.)

I. APPLICATION OF THIS PRIVACY POLICY

This Privacy Policy applies to all web sites (listed below) owned or operated by Herbst Gaming Inc. (collectively, "Herbst Gaming Inc. Web Sites"). Herbst Gaming Inc. Web Sites may be accessed through domain names in addition to the domain names listed above. This Privacy Policy does not apply to information collected by Herbst Gaming Inc. by means other than through Herbst Gaming Inc. Web Sites.


Certain transactions and services offered while visiting Herbst Gaming Inc. Web Sites may be processed or provided by strategic partners under contract with Herbst Gaming Inc., even though it appears that you may not have left the Herbst Gaming Inc. Web Sites. The strategic partners that process transactions or provide services through Herbst Gaming Inc. Web Sites include, but are not limited to: (1) SynXis, iHotelier, Springer-Miller Systems (hotel reservations); (2) Ticketmaster (show and event tickets); (3) Thomson Financial (communications for investors) and (4) TLB Creative (marketing partners) (collectively, "Strategic Partners").

This Privacy Policy does not apply to information collected by Strategic Partners, except that Herbst Gaming Inc. will treat information it receives about you from Strategic Partners under the terms of this Privacy Policy. Herbst Gaming Inc. does not have any control over how Strategic Partners use information they collect about you. To determine the privacy policy applicable to information collected by these Strategic Partners, please consult the web sites of the Strategic Partners.

II. INFORMATION WE COLLECT ABOUT YOU

General Information: When you use the Internet, your web browser or client software may transmit certain information to the servers that host the web sites you visit. The information may include the unique number assigned to your server or Internet connection, the capabilities and features of your computer, your geographic location, and your movement within and interaction with the web site, including what pages you look at and what information you download. When you visit Herbst Gaming Inc. Web Sites, Herbst Gaming Inc. servers collect such information. Herbst Gaming Inc. uses this information to generate aggregate statistics about visitors to Herbst Gaming Inc. Web Sites.

Personally Identifying Information: Herbst Gaming Inc. only collects personal information that you voluntarily provide to us or voluntarily provide to Strategic Partners who share that information with us. "Personal Information" is information through which you can be identified. The Personal Information that Herbst Gaming Inc. collects through Herbst Gaming Inc. Web Sites or obtains from its Strategic Partners depends on the nature of your online activity, such as whether you make reservations, sign the guestbook, play games, plan a meeting, purchase show tickets or merchandise, or complete a casino patron application. Personal Information that Herbst Gaming Inc. may collect from you directly or through Strategic Partners, includes your name, address, e-mail address, telephone number(s), fax number, birth date, gender, credit card information, purchase and reservation information, gaming activity, and other information that you voluntarily provide. The Personal Information is collected by e-mail, through online forms, and through your activities on Herbst Gaming Inc. Web Sites.

Cookies: Herbst Gaming Inc. Web Sites use cookie technology. A cookie is a small file that contains information sent by a web site that is saved on your hard disk by your computer's browser. Cookies store information that a web site may need to personalize your experience and to gather web site statistical data, such as which pages you visit, what material you download, your internet provider's domain name and country, and the addresses of web sites you visited immediately before, and after, visiting a particular web site.

Herbst Gaming Inc. Web Sites use cookies to collect and store your preferences for viewing the Herbst Gaming Inc. Web Sites, such as whether you disable Flash so that you will not have to do so on follow up visits. In addition, Herbst Gaming Inc. Web Sites use cookies to provide a unique identifier to your computer so that we can generate statistics regarding usage of Herbst Gaming Inc. Web Sites, such as the percentage of repeat visitors and other general statistics. The unique identifiers may be matched with personal information. In addition, when you book a reservation online to stay at a Herbst Gaming Inc. property, the reservation or confirmation number may be stored in a cookie on your computer. Moreover, cookies used by Herbst Gaming Inc. Web Sites do not store any Personal Information about you.

To browse the Internet and Herbst Gaming Inc. Web Sites without cookies, you can configure your browser to reject all cookies or to notify you when each cookie is offered so that you can accept or reject each cookie. You may not be able to conduct some transactions or use some services on Herbst Gaming Inc. Web Sites if you disable your browser from accepting cookies.

III. HOW WE USE THE INFORMATION WE COLLECT

Herbst Gaming Inc. may use the information collected by us or Strategic Partners: (1) for marketing purposes, including, but not limited to, notifying you of special promotions, offers and events and sharing such information with our Strategic Partners so that they may do the same; (2) to process and fulfill reservations and make a record of reservations; (3) to process and fulfill purchases and make a record of purchases; (4) to enable us to contact you for confirmation or customer service after reservations and purchases are made or after you sign up for or participate in certain activities; (5) to respond to inquiries, complaints and other communications; (6) to cross-reference with other Personal Information that we have acquired about you or may acquire about you through other sources; (7) for profiling or demographic purposes; and (8) for purposes of tracking reservations and corresponding hotel stays generated through the Herbst Gaming Inc. Web Site.

IV. DISCLOSURE OF INFORMATION WE COLLECT

Except as provided below and in Section III above, Herbst Gaming Inc. will not sell, trade, or disclose to third parties who are not Strategic Partners any Personal Information obtained through Herbst Gaming Inc. Web Sites or from Strategic Partners, without your consent. Herbst Gaming Inc. may disclose Personal Information: (1) to comply with a court order, subpoena, search warrant or other legal process; (2) to comply with legal, regulatory or administrative requirements of any governmental authorities; (3) to protect and defend Herbst Gaming Inc., its subsidiaries, affiliates, and parent companies and all of their officers, directors, employees, attorneys, agents, contractors, and partners, in connection with any legal action, claim or dispute; (4) to enforce the terms of use of Herbst Gaming Inc. Web Sites; (5) to prevent imminent physical harm; ( 6) to businesses that Herbst Gaming Inc. may use for purposes of performing functions on behalf of Herbst Gaming Inc., such as companies that process credit card transactions; and (7) in connection with the sale, assignment, or transfer of any Herbst Gaming Inc. property or Herbst Gaming Inc. Web Site.

V. CHOICE REGARDING PROVIDING INFORMATION

General information is collected whenever you browse Herbst Gaming Inc. Web Sites. The Herbst Gaming Inc. Web Sites do not provide any means for opting out of providing general information when you browse Herbst Gaming Inc. Web Sites. However, privacy software that prevents the disclosure of general information is commercially available.

You can browse Herbst Gaming Inc. Web Sites without providing any Personal Information. However, providing Personal Information is required to use some of the services offered through Herbst Gaming Inc. Web Sites, including, but not limited to, making restaurant or hotel reservations, making purchases, and playing games or participating in sweepstakes.

You can opt out of receiving certain communications and offers. Opt out options will be indicated when they are available.

VI. ACCESS

The general or Personal Information collected through Herbst Gaming Inc. Web Sites or provided by Strategic Partners is not currently accessible to you, except that confirmation is provided for some transactions and services, such as reservations and purchases. If you believe that any information collected by Herbst Gaming Inc. about you is not correct or has changed, please send an e-mail message, explaining the correction or change and provide any relevant confirmation or reference number.

VII. SECURITY

General information and Personal Information collected by Herbst Gaming Inc. Web Sites is stored on secure servers. The secure servers are protected by firewalls and other standard security procedures. The secure servers are not generally accessible by unauthorized third parties, but could become accessible in the event of a security breach.

VIII. AGE RESTRICTIONS AND THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT

Pursuant to law, persons under the age of twenty-one (21) are not permitted to gamble in casinos and are not permitted to loiter in the gaming areas of any Herbst Gaming Inc. properties. Similarly, Herbst Gaming Inc. Web Sites are general audience sites intended for persons 21 years of age or older. Accordingly, the provisions of the Children's Online Privacy Protection Act do not apply to Herbst Gaming Inc. Web Sites.

IX. CHANGES

This Privacy Policy was posted on January 1st, 2008. Herbst Gaming Inc. reserves the right to change, modify or amend this Privacy Policy at any time. When the Privacy Policy is changed, modified and/or amended, the revised Privacy Policy will be posted on Herbst Gaming Inc. Web Sites. Any revised Privacy Policy will only apply prospectively to Personal Information collected or modified after the effective date of the revised policy. Customers are responsible for periodically checking the Privacy Policy posted on Herbst Gaming Inc. Web Sites for changes.

If you have any questions regarding this Privacy Policy, you may Email Herbst Gaming Inc.

PRIVACY POLICY -- Frequently Asked Questions
The Frequently Asked Questions below are designed to address questions you may have concerning the privacy of the information you provide to Herbst Gaming Inc.. Click on a question to view a response. If you have additional questions regarding your privacy, you may Email Herbst Gaming Inc..

About the Privacy Policy

* What is a Privacy Policy?
* What types of Personal Information does the Herbst Gaming Inc. Privacy Policy address?
* How does Herbst Gaming Inc. collect my Personal Information?
* How do I confirm the accuracy of my Personal Information?
* How do I update my Personal Information?
* How does Herbst Gaming Inc. ensure that my Personal Information is secure?
* How is my Personal Information used?
* How will Strategic Partners contact me?
* How does Herbst Gaming Inc. use cookies?
* Who do I contact if I have other questions or comments about the Privacy Policy?


What is a Privacy Policy?
A Privacy Policy is a notice that explains a company's policies and processes for collecting, managing, protecting and disclosing customers' Personal Information.

What types of Personal Information does the Herbst Gaming Inc. Privacy Policy address?
Herbst Gaming Inc.'s Privacy Policy addresses Personal Information that you provide to Herbst Gaming Inc. when you visit our properties and websites.  All of the Personal Information Herbst Gaming Inc. collects and manages is information that you voluntarily provide. 
Examples include:
Name
Address
Occupation
Business address
E-mail address
Telephone number

How does Herbst Gaming Inc. collect my Personal Information?
Herbst Gaming Inc. collects your Personal Information when we process transactions for you. Examples of these transactions include:
Making a reservation
Signing an online guest book
Joining Players Club
Purchasing show tickets or merchandise
Registering online to receive promotional information

How do I confirm the accuracy of my Personal Information?
You may confirm your Personal Information by visiting any Players Club Desk or by calling 702-386-7867.

How do I update my Personal Information?
If your Personal Information has changed, or if you believe information we have is incorrect, please e-mail the error and its correction.

How does Herbst Gaming Inc. ensure that my Personal Information is secure?
 The security of your information is extremely important to us.  Administrative and technical security measures are in place to protect your information from inappropriate use.

How is my Personal Information used?
 Herbst Gaming Inc. uses Personal Information you provide to send you promotions, offers and invitations; to confirm your identity when you confirm reservations or have questions about your Players Club account; and to offer you additional products and services. Some promotions and offers will be delivered through Strategic Partnerships, which are marketing relationships that allow us to offer additional products and services you may find valuable.

How will Strategic Partners contact me?
 Our Strategic Partners may communicate with you via email, direct mail, or telephone.

How does Herbst Gaming Inc. use cookies?
Herbst Gaming Inc. websites use cookie technology to associate a unique identifier to your computer so we may generate statistics regarding your usage of our sites.   For example, we store your preferences for viewing Herbst Gaming Inc. websites so that you will not have to reset your preferences on future visits.

Do my marketing preferences at one Herbst Gaming Inc. resort or website apply to your company's other resorts and websites?
Your marketing preferences apply to the Herbst Gaming Inc. resorts and websites covered by this Privacy Policy, which include the Herbst Gaming Inc. web site located at

Who do I contact if I have other questions or comments about Herbst Gaming Inc.'s Privacy Policy?
Email Herbst Gaming Inc. or, write to us at:
Herbst Gaming Inc.
Attn: Privacy Policy
3440 W. Russell Rd
Las Vegas , Nevada 89118

 
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