Yes. COPPA will not need you to allow kiddies under age 13 to be involved in your present market web site or online solution, and you might block young ones from participating in the event that you so select. In comparison, may very well not block young ones from taking part in an internet site or online solution that is directed to kiddies as defined because of the Rule. See FAQ D. 2 above.
If you decide to block kiddies under 13 in your basic market site or solution, you should take time to design your actual age display screen in a fashion that will not encourage kids to falsify their many years to get use of your web site or solution. Ask age information in a manner that is neutral the point where you ask people to offer information that is personal or even to produce a person ID.
In creating a neutral age-screening device, you should look at:
- making certain the info access point enables users to enter what their age is accurately. A good example of an age-screen that is neutral be a method that enables a user freely to enter thirty days, time, and 12 months of delivery. A niche site which includes a menu that is drop-down only licenses users to enter delivery years making them 13 or older, wouldn’t be considered a basic age-screening device since kids cannot enter their proper ages on that web web site.
- Avoiding children that are encouraging falsify how old they are information, for instance, by saying that visitors under 13 cannot participate or should ask their moms and dads before participating. In addition, just including a check package stating, “I am over 12 yrs. Old” wouldn’t be considered an age-screening mechanism that is neutral.
In addition, in keeping with long standing Commission advice, FTC staff advises utilizing a cookie to stop kiddies from back-buttoning to enter an age that is different. Keep in mind 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 situations against Path, Inc., Playdom, Inc. And Sony BMG musical Entertainment.
4. We run an audience that is general web site plus don’t ask people to expose their many years. I really do allow users to submit feedback, responses, or concerns by e-mail. Exactly what are my duties that he is under age 13?
Under the Rule’s one-time response exception (16 C.F.R. § 312.5(c)(3)) you are permitted to send a response to the child, via match.com full site the child’s online contact information, without sending notice to the parent or obtaining parental consent if I receive a request for an email response from a player who indicates. Nevertheless, you have to delete the child’s online contact information from your own documents promptly when you deliver your response. You might not utilize the child’s online contact information to re-contact the young child(or even for just about any function), or disclose the child’s online contact information. Remember that you must still immediately delete the child’s personal information from your records if you choose not to respond to the child’s inquiry. Furthermore, such a message 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.,. This kind of a scenario, you will have to do something to make sure that you may be complying with COPPA, such as for example getting parental permission or instantly 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. Nonetheless, i actually do permit users to produce their very own web log pages, and my service has a true quantity of online discussion boards.
(a) what goes on if a young child registers to my solution and articles information that is pagersonale.g., for a feedback web web page) but will not expose their age anywhere?
The COPPA Rule just isn’t triggered in this situation. The Rule relates to an operator of the audience that is general if it offers real knowledge that a certain visitor is a young child. Then the operator would not be deemed to have acquired “actual knowledge” under the Rule and would not be subject to the Rule’s requirements if a child posts personal information on a general audience site or service but does not reveal his age, and if the operator has no other information that would lead it to know that the visitor is a child.
Nevertheless, also where a young child himself hasn’t revealed their age on a website or solution, an operator may obtain actual knowledge where it later learns of a child’s age – for instance, through a written report from a concerned moms and dad who has got unearthed 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 demands or delete the child’s information.
(b) what are the results if a kid articles in a forum and announces her age?
If no body in your business is conscious of the post, then you can not need the necessity real knowledge under the Rule. Nevertheless, perhaps you are thought to have real knowledge where a young child 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 company views the post, or if somebody alerts you to definitely the post (age.g., a concerned moms and dad who learns that their youngster is participating on the website).