IN THE SPOTLIGHT 2020 ECONOMIC IMPACT REPORT 2021 ESSENTIAL FACTS ABOUT ESA POLICY POSITIONS STATE IMPACT NEWS & RESOURCES Privacy Policy Last Updated: June 10, 2021 The Entertainment Software Association and its subsidiaries and affiliates (collectively, the “ESA”) respects the privacy rights of our online visitors and recognizes the importance of protecting all information that you may choose to share with us. To further this commitment, we have adopted this Online Privacy Policy (“Privacy Policy”) to guide how we collect, store, and use the information you provide to us as a data controller. The ESA is a member in good standing of the ESRB Privacy Certified Program. To protect your privacy, we have voluntarily undertaken this privacy initiative, and all of our websites (“Websites”) that post this Privacy Policy and that display the ESRB Privacy Certified seal have been reviewed and certified by ESRB Privacy Certified to meet established online information collection and use practices. As a licensee of this privacy program, we are subject to audits of our Websites and other enforcement and accountability mechanisms administered independently by the ESRB1 Table of Contents What information does this Privacy Policy cover? What types of personal information do we collect about our guests? How is your personal information used and shared? What choices do you have about the collection, use, and sharing of your personal information? What kinds of security measures do we take to safeguard your personal information? How can you update your personal information and profile? 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 personal information collected on the Websites where this Privacy Policy is posted and does not apply to any other information collected by the ESA through any other means. This Privacy Policy applies only to information submitted and collected online and does not apply to information that may be collected by the ESA offline. In addition, this Privacy Policy applies only to Websites maintained by the ESA and not to our international affiliates nor to any websites maintained by other companies or organizations to which we link. The ESA, therefore, is not responsible for the content or activities provided on those other websites. Finally, the terms of this Privacy Policy are subject to all applicable laws. What types of personal information do we collect about our guests? To offer our guests certain features on our Websites, we may collect several types of personal information. Information You Provide to Us When you visit our Websites, you may provide personal information to us directly. We may collect personal information from our guests to: Participate in contests, sweepstakes, or other promotions Register for and participate in our conferences or other events Respond to your requests Report piracy, offer feedback, or make other business inquiries Sign up to receive newsletters Receive customer or technical support Purchase merchandise from our online stores This information may include: Name E-mail address Mailing address or zip code Telephone number Photo Payment information Other content you provide to us, including your stories and images Please note that if you donate to our fundraising campaign (“ESA PAC”), the ESA PAC collects the amount of your contribution and your name, occupation, and address (whichever address you provide). This information is then sent to Democracy Engine for processing purposes. Payment information you provide on the ESA PAC website (card number, expiration date, and CVV code) is not stored by the ESA PAC. That information is transmitted directly to Democracy Engine for processing. We encourage you to review Democracy Engine’s privacy policy located at http://www.democracyengine.com/subscriber_privacy_policy. Children We do not knowingly collect personal information from children under the age of 13. We take kids’ privacy seriously, and we encourage parents to play an active role in their children’s online experience at all times. If parents believe that we have unintentionally collected their child’s personal information, they should contact us at privacy@theESA.com to request the deletion of the information. Information Collected Through Technology We collect information through technology to make our Websites more interesting and useful to you. For example, when you visit one of our Websites, we collect your IP address. An IP address often is associated with the portal through which you enter the Internet, such as your ISP (Internet service provider), your company, or your university. At times, we use IP addresses to collect information regarding the frequency with which our guests visit various parts of our Websites. We do not combine your IP address with any other personal information. Cookies Our Websites also use cookies, web beacons, and similar technologies. Cookies are pieces of information that a Website sends to your computer while you are viewing the Website. We and other companies use cookies for a variety of purposes. For example, when you return to one of our Websites after logging in, cookies provide information to the Website so that the Website will remember you. You may be able to choose to have your computer warn you each time a cookie is being sent or to turn off all cookies. You can do this through your web browser settings. Each browser is a little different, so consult your browser’s help menu to learn the correct way to modify your cookies. If you turn off cookies, you will not have access to many features that make your web experience smoother, like the features mentioned above, and some of our services may not function properly. How is your personal information used and shared? We do not share, sell, or rent your personal information to third parties without your consent or as described below. Besides technical information required for the support of our internal operations (for example, an IP address), we do not require disclosure of personal information to access most of our Websites. If you prefer not to disclose any personal information, you may not be able to enjoy certain features of our Websites. You should also keep in mind that any personal information you provide in public areas of a Website, including your activities in connection with a Website’s networking or social features, may be visible to others, such as your name, photo, country, and other related content. Tools and Updates Information collected from those who voluntarily submit it to us is used to provide services such as updates on special events, game news, information about local representatives, advocacy, and promotions, and e-mail announcements of interest to our users. We may share this information with our members. Operational Uses We may also use the personal information you provide to us for other “Operational Uses.” For example, we may use your information to fulfill your merchandise orders or to send you administrative communications either about your account with us or about features of our Websites, including future changes to this Privacy Policy. We may also use your mailing address as provided to us by you on our Website for the purpose of compiling and providing users with statistics relative to their congressional district. You may have the option to determine whether your name, city, and state will be displayed in our feed of video game industry advocates. You may also optionally upload a photo to be displayed with your name and generate a support banner that can be shared on your social media profile. We will never share your full mailing address with other users or with third parties outside of the scope of this Privacy Policy. Third Parties We occasionally use third parties (such as other companies, agents, or contractors) to perform services to support our operations. For example, we have partnered with other companies to personalize our Websites, analyze users’ interaction with our Websites, operate our online stores, assist with fundraising, send newsletters, and process payments and consumer surveys. In the course of providing such services, these third parties may have contact with your personal information and have agreed to securely store and maintain the personal information received from us. Some of these third parties may collect information in order to provide interest-based advertising on our Websites and elsewhere. These third parties may use the information they collect on our Websites to make predictions about your interests in order to provide you ads from us and other companies across the Internet. Some of these third parties may participate in industry organizations that give users the opportunity to opt out of receiving these interest-based ads. For more information about how to opt out, please visit the Digital Advertising Alliance or the Network Advertising Initiative. Please note that your choice may apply only to the browser or device you are using when you opt out, so you may need to opt out on multiple browsers and devices. Business Information For practical reasons, we treat personal information submitted to us in a business capacity different from information we receive in a non-business capacity. Personal information submitted to us in a business capacity (such as resumes or event sponsorships) may be shared with third parties depending on the nature of the inquiry. Purchase or Sale of Businesses From time to time, we may purchase a business or sell one or more of our businesses and your personal information may be transferred as a part of the purchase or sale. If we purchase a business, the personal information received with that business would be treated in accordance with this Privacy Policy if it is practicable and permissible to do so. If we sell a business, we will include provisions in the selling contract requiring the purchaser to treat your personal information in the same manner required by this Privacy Policy (including any amendments to this Privacy Policy). The provisions of this paragraph also will apply if we are sold as part of bankruptcy proceedings. Disclosures Required By Law and Disclosures to Help Protect the Security and Safety of Our Websites and Others We will disclose personal information when we believe in good faith that such disclosures (a) are required by law, including, for example, to comply with a court order or subpoena, or (b) will help to: enforce our Terms of Use; enforce contests, sweepstakes, promotions, and/or game rules; protect your safety or security, including the safety and security of property that belongs to you; and/or protect the safety and security of our Websites or third parties. Our legal bases to process information for these purposes include processing that is necessary for our legitimate interests (including those described above and as necessary to provide the Websites and services); to comply with our legal obligations and exercise our legal rights; for performance of the Terms of Use; and where applicable on the basis of consent, which may subsequently be withdrawn at any time by contacting us. We rely on consent for certain use of cookies and certain international transfers of personal information. As a U.S. association, we store and process information in the U.S., which may not provide the same level of data privacy protection as the European Union/European Economic Area or your home country. You expressly consent to the transfer of your information to the U.S. for processing in accordance with this Privacy Policy. These transfers are essential to the provision of our Websites and services and to the performance of the Terms of Use. What choices do you have about the collection, use, and sharing of your personal information? As mentioned above, you have control over the personal information you submit to us. If at any time you decide to remove your personal information from our database, you may do so by e-mailing us at privacy@theESA.com. You may opt-out of receiving our newsletters at any time by clicking the unsubscribe link at the bottom of the newsletter e-mail or by reaching out to us using our contact information provided later in this Privacy Policy. You may ask us to remove content that you have provided to us from public areas of the Website by e-mailing us at privacy@theESA.com. 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 have implemented technical, administrative, and physical security measures to protect your personal information from unauthorized access, improper use, loss, or 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. We will notify users of a data breach as required by applicable law. We also strive to limit access to personal information to employees and vendors performing a legitimate business function. We retain information only for as long as is reasonably necessary in accordance with applicable laws. We periodically review our security procedures to consider appropriate new technology and updated methods. However, please understand that despite our best efforts, no security measure is perfect or impenetrable. How can you update your personal information and profile? You can access and update the contact information you provided to us during registration (your e-mail address or any other information that would directly enable us to contact you) by e-mailing us at privacy@theESA.com. Where required by applicable law, you may be entitled to object to or to request restriction of information processing, as well as to request access to, rectification, erasure, and portability of certain information. Requests should be submitted in writing to the address listed below or by e-mailing us at privacy@theESA.com. Your California Privacy Rights California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. For inquiries regarding our disclosure policy, please contact us at: The ESA Attn.: Privacy Policy Administrator 601 Massachusetts Avenue, NW, Suite 300 West Washington, DC 20001 202-223-2400 privacy@theESA.com 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, please contact us at: The ESA Attn.: Privacy Policy Administrator 601 Massachusetts Avenue, NW, Suite 300 West Washington, DC 20001 202-223-2400 privacy@theESA.com Please be assured that any personal information that you provide in communications to the above e-mail and postal mail addresses will not be used to send you promotional materials unless you request it. The ESA is a licensee of the ESRB Privacy Certified Program. If you believe that we have not responded to your inquiry or your inquiry has not been satisfactorily addressed, please contact the ESRB at http://www.esrb.org/privacy/contact.aspx. 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 to the way we collect, use, or share your personal information, we will notify you by sending you an e-mail at the last e-mail address that you provided us or by prominently posting notice of the changes on the Websites covered by this Privacy Policy. Any material changes to this Privacy Policy will be effective 30 days following our dispatch of an e-mail notice to you or 30 days following our posting of notice of the changes on the Websites covered by this Privacy Policy. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. If the last e-mail address that you have provided us is not valid or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. OUR POLICIES Digital Wellness Esports First Amendment Immigration In-Game Purchases Intellectual Property Privacy Right to Repair Subscription Services Trade Policy Trust and Safety Violence ABOUT ESA Who We Are Membership Join Our Team QUICK LINKS ESRB Essential Facts Industry Impact By State ESA Foundation Media Kit E3 Get in Touch! ADDRESS Entertainment Software Association 601 Massachusetts Avenue, NW Suite 300 Washington, DC 20001 Email Us JOIN OUR MAILING LIST Email* PRIVACY POLICY STAY CONNECTED Copyright © 2021 Entertainment Software Association. 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