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4 Protection of customer funds

4.2.1 - Disclosure to customers

Applies to:

All operating licences, except gaming machine technical, gambling software, host ancillary, remote bingo, and ancillary remote casino licences.

Paragraph 3 does not apply to any lottery licences except where the holder of which provides facilities for participation in instant win1 or high frequency2 lotteries.

  1. Licensees who hold customer funds must set out clearly in the terms and conditions under which they provide facilities for gambling information about whether customer funds are protected in the event of insolvency, the level of such protection and the method by which this is achieved.

  2. Such information must be according to such rating system and in such form the Commission may from time to time specify. It must be provided in writing to each customer, in a manner which requires the customer to acknowledge receipt of the information and does not permit the customer to utilise the funds for gambling until they have done so, both on the first occasion on which the customer deposits funds and on the occasion of any subsequent deposit which is the first since a change in the licensee’s terms in relation to protection of such funds.

  3. Where the licensee has selected a ‘not protected’ rating (as set out in the rating system specified by the Commission), it must remind the customer, once every six months, that their funds are not protected in the event of insolvency. The reminder must refer to the value of funds held for the customer. The licensee must require the customer to acknowledge receipt of the information and must not permit the customer to utilise the funds for gambling until they have done so.

  4. In this condition ‘customer funds’ means the aggregate value of funds held to the credit of customers including, without limitation:

    1. cleared funds deposited with the licensee by customers to provide stakes in, or to meet participation fees in respect of, future gambling;
    2. winnings or prizes which the customer has chosen to leave on deposit with the licensee or for which the licensee has yet to account to the customer; and
    3. any crystallised but as yet unpaid loyalty or other bonuses, in each case irrespective of whether the licensee is a party to the gambling contract.

References

1 An instant win lottery is defined as "A lottery in which every draw takes place either before, or at the point of, purchase of tickets by participants in the lottery" (RTS).

2 A high frequency lottery is defined as "A lottery in which any draw takes place less than one hour after a draw in a previous lottery promoted on behalf of the same non-commercial society or local authority or as part of the same multiple lottery scheme." (Remote gambling and software technical standards (RTS)).

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