Slot Hunter - Missing Deposit

Hi LukeAbD - welcome to ThePOGG.com!

Please ensure you have read our Complaint Guidance to ensure that you fully understand how our complaint management process functions.

As we are the ADR for the N1 Interactive Ltd license under the Malta Gaming Authority license there is certain information we have to provide you now.

You can find all the relevant information about this service here – http://thepogg.com/terms-of-use/ and the terms of use for our complaint service here - https://thepogg.com/terms-of-use-for-dispute-resolution-service/

To summarise.

– Use of this service does not preclude your seeking redress through court proceedings .

– This service is free to use for both the complainant and operator.

– At any point during the procedure the submitting party retains the right to withdraw their complaint. This does not preclude our right to continue the discussion with the involved operator of general issues related to the complaint (i.e. insufficiently clear terms and conditions).

– You are not obliged to obtain independent or legal advice or representation, though you may choose to do so.

There are multiple facets to your claim.

Firstly - the missing transaction. It sounds like this transaction was not credited immediately, but was added at some later point. If that is the case and you have played the funds down there will be nothing we can do to assist you. I will contact the operator and review the transaction/play history to establish what happened here.

Secondly - access to your data. This is beyond our remit. We are here to assist with disputes about gambling transactions. Freedom of Information requests have to be managed by the relevant local governmental agency to establish what your rights are and enforce any requests.

Finally, the GDPR. You are not resident inside the EU and as such the GDPR does not apply to you. The protections that the GDPR offers are only provided to EU citizens.

Thanks,

ThePOGG

Hello.

Appreciate you are only able to adjudicate on gaming transaction issues, this is understood. With respect of the deposit, the casino acknowledged this issue when it occurred yet now refusing to provide any reasoning on why their position has changed. If it was credited later, they should say so.

With respect of GDPR, this is applicable and I will be following up with the MGA and relevant DPA. The location of the data subject is irrelevant - if the entity is located in the EU, GDPR applies.

The transaction processing is the biggest issue however which do not accurately identify the merchant and have been miscoded to avoid banking policy. A transaction that appears on a statement as "FLWINSURANCE Lekki" does not accurately reflect the nature of the transaction and also suggests it was processed in Nigeria.

Further to the above, I acknowledge that the systemic transaction issues and payment processing is outside your remit as ADR, I do intend to escalate this issue until some form of accountability is established - largely due to the way I was treated. N1 should be embarrassed by their support staff!!

Please can you find some form of justification for the way these payments have been processed. I am simply not accepting their assertion that they do not use the Flutterwave payment system - especially given their Nigerian entity advertises this as a payment method!! I'm sure their are many regulatory bodies (e.g. Maltese DPO, Central Bank) and entities (e.g. Visa, acquiring bank) who may take issue with this!

I just want to let you know also that I have done a number of searches on the casinos transactions on Flutterwaves dispute [EDIT] (https://dispute.flutterwave.com/). All transactions have been recognized.

I would like to inform you that all of these transactions are showing fraudulent Merchant names. This is starting to look more [EDIT] than I had initially anticipated and is surely this cause grounds to investigate.

I also think I probably have recourse to claim these transactions back as I did not intend to pay any of these merchants - let alone the issues with privacy policy and data transfer outside of the EU.

If the MGA does not take an interest in this, i'm sure both the local DPO and now police will!

Hi LukeAbD,

Sadly you are incorrect regarding the GDPR as you have reversed the protections. It does not matter where the processor is if they are accepting EU custom they have to abide by the GDPR. The EU is imposing regulations on businesses accessing their markets. The protection for EU citizens extend to any interaction with any company in or outside of the EU (in theory, though in practice these are next to impossible to enforce if the company is outside of the EU and located in some legally challenging jurisdiction).

Whilst the GDPR does apply to non-EU companies under certain circumstances, the GDPR is not intended to offer protections to non-EU residents and no authority within the EU is likely to spend tax payer money trying to blanket protect individuals who are not resident or contributing to the EU project. Justifying the hunderds of millions that would end up being spent to tax payers/voters to pursue such a policy would be impossible.

You are welcome to pursue this matter any way you feel is appropriate and we wish you the best of luck with your claim. However, you would be wise to anticipate frustration with this aspect of your claim.

With regard to the approval of payment processing structures, the MGA may be able to assist with this, but being familiar with the MGA regulations I am not aware of - nor has anyone else been able to point out - any specific regulation that has been breached here. We are not here to pass judgement on the legitimacy of the company structures involved in the businesses that we act as ADR for.

Thanks,

ThePOGG

Given N1 Interactive (the controller) is located in the EU, regardless of where the data subject or processing takes place, the regulation applies pursuant to Art 3 (1) of the GDPR:

"This Regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union, regardless of whether the processing takes place in the Union or not.:"

The failed to disclose the transfer of data outside the EU and, to a country not approved by the Commissioner.

In any event I appreciate this is outside of your remit given this data breach related rather than transactional specific (although if you could please still follow up the $200!).

I will raise the above the MGA (and the general payment processing issues) and also the FIAU for the payment processing. I genuinely believe something fishy is going on here and would be more than happy to share documentation if you wish.

Further to the above, even if the GDPR does not provide protection to non-EU citizens, they are obliged to adhere to the terms of the regulation which they have failed to do.

This breach should be accounted for - for the benefit of the wider gaming community. They also think i'm stupid by denying that the processing was completed by Flutterwave given the amount of direct and circumstantial evidence I have put before them which is unsurprising given the level of disrespect and ridicule I have received!

Can you also please help me obtain my casino records? This does fall under the MGA Consumer Protection directive so believe you should have jurisdiction.

SH are simply refusing to reply to my request and Megaslot are requesting me to provide ID which I am not keen on doing because (a) I don't trust them not to misuse it now I am taking action and (b) I was never asked for this information when the account was open to make changes to my account etc (i.e. they are doing it to play hardball).

Hello - i do sincerely apologize for the impatience.

Just want to know whether it is now time to go to the MGA and FIAU or whether you are now in communication with the owner?

You may please disregard the complaint on casino records. I have now been provided these documents

I apologize for bugging you.

When can i expect your response on this matter?

Hi LukeAbD,

As already explained, our remit is to review disputes about gambling transactions. We are not empowered to review every aspect of license adherence. Compliance with Subject Access Requests does not fall under our remit.

We have contacted the operator about the missing transaction and will revert to you in due course.

Thanks,

ThePOGG

You may please disregard this complaint

Hi LukeAbD,

Have you located the missing transaction?

Thanks,

ThePOGG