Yes. COPPA will not need you to allow kiddies under age 13 to take part in your present market web site or online service, and you might block kiddies from participating in the event that you so choose. By comparison, may very well not block young ones from taking part in a webpage or online solution that is directed to kids as defined because of the Rule. See FAQ D. 2 above.
If you opt to block kids under 13 on your own general market website or solution, you should make sure to design your actual age display screen in a fashion that will not encourage young ones to falsify their many years to get usage of your web web site or solution. Ask age information in a basic way at the point where you ask people to provide private information or to produce a person ID.
In creating a basic age-screening device, you should look at:
- making certain the info access point permits users to enter how old they are accurately. A good example of an age-screen that is neutral be a method enabling a person easily to enter month, time, and 12 months of delivery. A website which includes a menu that is drop-down only permits users to enter delivery years making them 13 or older, wouldn’t be considered a basic age-screening procedure since kiddies cannot enter their proper many years on that web site.
- Avoiding children that are encouraging falsify http://www.datingmentor.org/latinamericancupid-review what their age is information, for instance, by saying that site visitors under 13 cannot participate or should ask their moms and dads before participating. In addition, merely including a check package stating, “I am over 12 years of age” wouldn’t be considered a basic age-screening procedure.
In addition, in line with long standing Commission advice, FTC staff suggests employing a cookie to stop kiddies from back-buttoning to enter a various age. Observe that then you fail either to screen out children under age 13 or to obtain their parents’ consent to collecting these children’s personal information, you may be liable for violating COPPA if you ask participants to enter age information, and. See, e.g., the FTC’s COPPA instances against Path, Inc., Playdom, Inc. And Sony BMG Music Entertainment.
4. We run an audience that is general web site plus don’t ask people to expose their ages. I really do allow users to submit feedback, reviews, or concerns by email. What exactly are my duties if we get a ask for a contact response from a person whom shows that he’s under age 13?
Underneath the Rule’s one-time reaction exception (16 C.F.R. § 312.5(c)(3)) you might be allowed to send a reply into the youngster, through the child’s online contact information, without giving notice to your moms and dad or getting parental permission. But, you need to delete the child’s online contact information from your own documents immediately when you send your reaction. May very well not make use of the child’s online contact information to re-contact the young child(or even for virtually any function), or disclose the child’s online contact information. Keep in mind that in the event that you choose to not react to the child’s inquiry, you have to nevertheless straight away delete the child’s private information from your own documents. Also, such a contact can provide you real knowledge if you had previously collected the child’s email address as part of a website registration process) that you have collected personal information from a child (e.g.,. Such a scenario, you would have to make a plan to make sure that you will be complying with COPPA, such as for instance acquiring consent that is parental straight away deleting any information that is personal gathered through the kid.
5. We run an audience that is general solution and don’t ask people to expose their many years. But, i actually do allow users to produce their particular weblog pages, and my solution features a true number of online discussion boards.
(a) what goes on if a child registers on my solution and posts information that is personal (e.g., for a feedback web page) but will not expose their age anywhere?
The COPPA Rule just isn’t triggered in this scenario. The Rule relates to an operator of the audience that is general if this has real knowledge that a certain visitor is a young child. If a young child articles information that is personal on an over-all market website or solution but doesn’t expose their age, if the operator doesn’t have other information that will lead it to understand that the customer is a kid, then your operator wouldn’t be considered to own acquired “actual knowledge” beneath the Rule and wouldn’t be at the mercy of the Rule’s needs.
Nonetheless, also where a young child himself have not revealed their age on a niche site or solution, an operator may obtain real knowledge where it later learns of a child’s age – for instance, through a study from the concerned moms and dad that has found that her son or daughter is participating on the internet site. Where an operator understands that a specific visitor is a kid, the operator must either meet COPPA’s notice and parental permission needs or delete the child’s information.
(b) what are the results if a young child articles in a forum and announces her age?
If nobody in your company is alert to the post, then you can not need the prerequisite knowledge that is actual the Rule. Nonetheless, you might be thought to have real knowledge where a kid announces her age under particular circumstances, as an example, in the event that you monitor your articles, in cases where a accountable person in your business views the post, or if some one alerts one to the post (e.g., a concerned moms and dad whom learns that their kid is participating on your own website).