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ESRB Mobile Privacy Policy

Last updated April 4, 2019

Our Privacy Commitment

Protecting personal information online is one of the core values of the Entertainment Software Rating Board (“ESRB”). As a trusted privacy seal provider since 2001, we are committed to respecting the privacy rights of our online visitors and recognize the importance of protecting all information that you may choose to share with us. To further this commitment, we have adopted this Mobile Privacy Policy (“Privacy Policy”) to be transparent about how we collect, maintain, use, and share the information you provide us through our mobile application, known as “Video Game Ratings by ESRB” (the “App”).

Table of Contents

What information does this Privacy Policy cover?
How do we define personal information?
How do we handle personal information of children?
What information do we collect on the App?
How is your information used?
When do we share your information?
What kinds of security measures do we take to safeguard your personal information?
How can you review, update, or delete your personal information?
What are your California Privacy Rights?
Do we self-certify under the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Framework?
How can you ask questions, or send us comments, about this Privacy Policy?
How will you know if we amend this Privacy Policy?

What information does this privacy policy cover?

This Privacy Policy applies only to information collected on or after the Last Updated date of this Privacy Policy and only to information collected on the App. It does not apply to any other information collected by ESRB through any other means, including information that may be collected by ESRB offline. Nor does it apply to ESRB’s website or any other online services maintained by ESRB or by any of ESRB’s international affiliates.

This Privacy Policy does not apply to any websites, mobile applications or other online services maintained by other companies or organizations to which ESRB links. By way of example, the App includes links to ESRB’s Facebook and Twitter pages. If you click on the Facebook or Twitter links, you will be directed to ESRB’s pages on those third-party websites. This Privacy Policy does not apply to the Facebook and Twitter sites. Those sites are subject to Facebook’s and Twitter’s, respective, privacy policies. ESRB is therefore not responsible for the content or activities provided on those websites or other online services. We encourage you to review the privacy policies of all third-parties and exercise caution in connection with them.

How do we define personal information?

We define personal information as information that can be used to identify or contact you (such as your full name, address, telephone number, or email address), account numbers (such as credit card or bank account numbers), and technical information (such as your IP address, device ID, and other persistent identifiers).

How do we handle personal information of children?

Parents, we take the privacy of children seriously, and we encourage you to take an active role in protecting your children’s privacy and online experiences at all times. ESRB complies with the Children’s Online Privacy Protection Act (“COPPA”), a U.S. law designed to protect users under the age of 13 online. We also comply with the European Union’s General Data Protection Regulation (“GDPR”), which includes certain protections for users under the age of 18 and additional protections for users under the age of 16. We do not knowingly collect personal information from children. If you believe that we may have unintentionally collected personal information from your child, please contact us at privacy@esrb.org. If we confirm we have collected personal information from a child under the age of 16, we will delete that information from our systems.

What information do we collect on the app?

Personal and Demographic Information You Provide to Us

We only collect personal and demographic information that you provide to us. Specifically, if you choose to do so, the App’s Feedback screen allows you to provide us with your age range, city and state, and gender. You can also let us know whether you are a parent, the gaming platform you utilize, whether you intend to use the App more than once, and whether you have any suggestions for us.

The App also contains contact information for ESRB, to allow you to contact us by email or at our physical mailing address. We collect any personal information you choose to send to us in that manner.

In addition, at times, we may provide opportunities to enter sweepstakes or surveys on the App. To enter a sweepstake or survey, you may be required to provide personal information, such as your first and/or last name, email address, and city and state.

How is your information used?

As set forth above, the information you choose to provide us is primarily in connection with providing us feedback or so that you can enter a sweepstake or contest, or participate in a survey, poll, or questionnaire. We utilize your submissions for those specific purposes, which includes notifying you if you are the winner of a sweepstake or contest, improving the App and the services we offer, and gathering research in connection with our surveys, polls, and questionnaires.

We may also use your information for various operational purposes. For example, we may use your information to send you administrative communications, including about new features of the App and certain material changes to this Privacy Policy, or to respond to your inquiries.

We consider these to be legitimate commercial interests that justify our collection of your information; however, the decision whether to provide the information to us belongs to you. If you prefer not to disclose the information, you will still be able to utilize the App, but you will not be able to provide us feedback, enter a sweepstake or contest, or participate in a survey, poll, or questionnaire.

When do we share your information?

We occasionally use other companies, agents or contractors to perform services necessary to our operations. For example, we have partnered with other companies to design and develop the App, implement sweepstakes and promotions, and process consumer surveys. While providing such services, these companies may have contact with your personal information.

We will retain personal information collected through the App for 2 months, unless otherwise needed to satisfy the purpose for which it was collected (e.g., a sweepstake lasts for longer than 2 months).

Aggregate and Anonymized Information

We may take your personal information and make it non-personally identifiable, either by combining it with information about other individuals (aggregating your information with information about other individuals) and/or by removing characteristics (such as your name) that make the information personally identifiable to you (anonymizing your information). Given the nature of this information, no restrictions apply under this Privacy Policy on our right to aggregate or anonymize your personal information, and we may use and share the anonymized information in any way with third parties.

Mergers, Acquisitions, etc.

If we sell or otherwise transfer part or the whole of ESRB or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your personal information and any other information collected through our App may be among the items sold or transferred. The buyer or transferee will be required to honor the commitments we have made in this Privacy Policy.

Disclosures Required By Law and Disclosures to Help Protect the Security and Safety of Our App and Others

We may disclose personal information (a) in the good faith belief that we are required to do so by law; (b) if doing so is reasonably necessary to comply with legal process; (c) to respond to any claims; or (d) to protect the rights, property, or personal safety of ESRB, users, or the public.

What kinds of security measures do we take to safeguard your personal information?

The security and confidentiality of your information is extremely important to us. We use robust security measures to protect user information from loss, misuse and alteration. We use industry-standard practices such as encrypted communications, physically secured rooms, firewalls, and password protection systems to safeguard the confidentiality of your personal information. Despite our best efforts, no security measure is ever perfect or impenetrable. If we learn that your unencrypted personal information has been compromised by a data breach, we will notify you consistent with applicable laws.

How can you review, update, or delete your personal information?

You may have the right to access, update and request the deletion of information you have previously provided to us; request a portable copy of your personal information; or to object to our processing of your personal information, which you may do by utilizing the contact information provided below. However, if your personal information is being maintained pursuant to a contractual or other legal obligation, we may not be required to honor your request.

What are your California privacy rights?

California Civil Code § 1798.83 permits users of this App who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not disclose your personal information to third parties for their direct marketing purposes. However, if you are a California resident and you believe your information has been disclosed or you have general questions about how your information may have been shared, you may contact us at:

ESRB
PO Box 4584
New York, NY 10163-4584
ATTN: VP, Privacy Certified
privacy@esrb.org

Do we self-certify the EU-U.S. and Swiss-U.S. privacy shield framework?

Personal information collected on the App will be stored and processed in the United States. For personal information transferred from a European Union member country, the United Kingdom or Switzerland to the United States, ESRB complies with the E.U.-U.S. and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce. ESRB has certified that it adheres to the Privacy Shield Principles. If there is any conflict between the terms of this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view ESRB’s certification, please visit https://www.privacyshield.gov/.

In compliance with the Privacy Shield Principles, ESRB commits to resolve complaints about our collection or use of your personal information. For data protection matters within the European Union, we have retained Adaptant Solutions AG (“Adaptant AG”) to serve as our EU Representative pursuant to Article 27 of the GDPR. For data protection matters within the United Kingdom, we have retained Adaptant Services Ltd. (“Adaptant Ltd.”). You may contact Adaptant AG or Adaptant Ltd. via email at compliance-esrb@adaptant.io or at the following address:

For the EU:
Adaptant Solutions AG
Rosenheimer Str. 139
81671 Munich
Germany

For the UK:
Adaptant Services Ltd.
Kemp House, 160 City Road
London EC1V 2NX
United Kingdom

You may also submit an online inquiry directly through the following online contact form: https://www.adaptant.io/contacts-locations/.

If a European Union, United Kingdom or Swiss individual’s complaint cannot be resolved by us or Adaptant, we will cooperate with JAMS pursuant to the JAMS International Mediation Rules, available on the JAMS website. JAMS mediation may be commenced as provided for in the relevant JAMS rules, and at no cost to you. Under certain conditions, a European Union, United Kingdom or Swiss individual may also pursue binding arbitration through the Privacy Shield Panel.

Additionally, at any time, a European Union, United Kingdom or Swiss individual may submit a complaint directly to his or her local data protection authority. Moreover, ESRB is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.

For more information about filing a complaint, click here.

ESRB may be liable for the onward transfer of an EU, UK or Swiss individual’s personal data to third parties that process personal data in a manner inconsistent with the Privacy Shield Principles, unless ESRB proves that it is not responsible for the event giving rise to the damage.

How can you ask questions, or send us comments, about this privacy policy?

If you have questions or wish to send us comments about this Privacy Policy, or the processing of your personal information, please contact us at:

ESRB
PO Box 4584
New York, NY 10163-4584
Via email: privacy@esrb.org

Or our EU Representative at:

Adaptant Solutions AG
Rosenheimer Str. 139
81671 Munich
Germany
Via email: compliance-esrb@adaptant.io
Via online contact form: https://www.adaptant.io/contacts-locations/

Or our UK Representative at:

Adaptant Solutions Ltd.
Kemp House, 160 City Road
London EC1V 2NX
United Kingdom
Via email: compliance-esrb@adaptant.io
Via online contact form: https://www.adaptant.io/contacts-locations/

How will you know if we amend this privacy policy?

We may amend this Privacy Policy at any time. If we make any material changes in the way we collect, use, or disclose your personal information, we will notify you by prominently posting notice of the changes on the App. If we make any material changes to this Privacy Policy that retroactively impact the way in which we use or disclose personal information already collected from you, we will attempt to notify you by email and seek your consent to those changes.