Privacy Online Enforcement
ESRB Privacy Online ensures that member companies comply with our Program Requirements and their stated privacy policies through our monitoring and enforcement system. A key component of our enforcement system is our alternative dispute resolution services, which offer a direct and effective recourse for consumers concerned about the use of their personal information online.
ESRB Privacy Online’s enforcement program consists of:
- Monitoring and Compliance Reports.
We regularly monitor ESRB Privacy Online member websites. These extensive reviews help ensure that ESRB Privacy Online certified websites consistently follow and update their published privacy practices. On a quarterly basis, ESRB Privacy Online issues compliance reports to each member company, itemizing the results of our monitoring activities. Website monitoring begins once ESRB assigns its certification seal to a member company and continues throughout the membership term.
- Spot Checks.
The ESRB staff also regularly conducts unannounced audits of a company's privacy practices through planted “spot checks.” During a spot check, we submit fictitious user data at each information entry point. We then track the data to monitor how the website collects and uses that information. We also verify that such use adheres to the website's published policy statement.
- Dispute Resolution.
Member companies must create and implement an internal dispute resolution program to fairly and expeditiously resolve consumer privacy related complaints. The internal resolution process must be readily available to consumers and designed to swiftly resolve grievances.
Additionally, member companies’ privacy statements must include ESRB Privacy Online contact and referral information, so consumers have the option of contacting us directly through our website to voice possible privacy violations or other enforcement issues.
If a consumer grievance cannot be effectively addressed through a company's own internal dispute resolution mechanism, member companies must submit to ESRB mediation or arbitration to resolve the dispute. Member companies agree to fully participate in any inquiry or investigation by ESRB, and agree to accept its judgment as final.
Before awarding our ESRB Privacy Online Certification Seal, all member companies agree to fully cooperate and comply with ESRB’s dispute resolution requirements.