Yes. COPPA will not need you to allow kids under age 13 to take part in your present market web site or service that is online and you will block kiddies from participating in the event that you so select. In comparison, you might not block kiddies from taking part in a webpage 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 on your own basic market website or solution, you should take time to design your actual age display in a fashion that will not only lads adelaide encourage kids to falsify their many years to achieve usage of your web site or service. Ask age information in a basic way at the point where you ask people to offer private information or to produce a person ID.
In creating a basic age-screening device, you should think about:
- making certain the info access point enables users to enter how old they are accurately. A good example of a basic age-screen would be a method enabling a user easily to enter month, 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 apparatus since kiddies cannot enter their proper many years on that web web site.
- Avoiding encouraging kiddies to falsify how old they are information, as an example, by saying that site visitors under 13 cannot participate or should ask their parents before participating. In addition, just including a check box stating, “I am over 12 years old” wouldn’t be considered a basic age-screening system.
In addition, in keeping with long standing Commission advice, FTC staff suggests utilizing a cookie to avoid kiddies from back-buttoning to enter an age that is different. Keep in mind that in the event that you ask individuals to enter age information, and after that you fail either to screen out kids under age 13 or even to get their parents’ permission to gathering these children’s information that is personal, you may well be accountable for breaking COPPA. See, e.g., the FTC’s COPPA instances against Path, Inc., Playdom, Inc. And Sony BMG musical Entertainment.
4. We run an audience that is general web site and don’t ask people to expose their many years. I really do allow users to submit feedback, responses, or questions by e-mail. Exactly what are my responsibilities 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 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. Nonetheless, you have to delete the child’s online contact information from your own documents immediately once you send your reaction. You might 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. Observe that in the event that you choose not to ever 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 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.,. Such a scenario, you would have to do something to ensure you might be complying with COPPA, such as for example getting consent that is parental instantly deleting any private information gathered through the youngster.
5. We run a general market online solution plus don’t ask people to expose their many years. Nevertheless, i really do allow users to create their particular web log pages, and my solution includes a true quantity of online discussion boards.
(a) what goes on if a young child registers to my solution and articles information that is personale.g., for a reviews web page) but doesn’t expose their age anywhere?
The COPPA Rule is certainly not triggered in this situation. The Rule relates to an operator of a basic audience site if it offers actual knowledge that a certain visitor is a young child. If a young child articles information that is personal on a basic market website or solution but will not expose their age, if the operator has no other information that could lead it to learn that the customer is a kid, then your operator wouldn’t be considered to possess obtained “actual knowledge” beneath the Rule and wouldn’t be at the mercy of the Rule’s needs.
Nevertheless, also where a young child himself have not revealed their age on a website or solution, an operator may get real knowledge where it later learns of a child’s age – for instance, through a study from a concerned moms and dad that has found that her son or daughter is participating on the website. 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 goes on if a kid articles in a forum and announces her age?
If no body in your business is alert to the post, you might n’t have the necessity knowledge that is actual the Rule. Nevertheless, you may well be thought to have real knowledge where a kid announces her age under particular circumstances, as an example, you to the post (e.g., a concerned parent who learns that his child is participating on your site) if you monitor your posts, if a responsible member of your organization sees the post, or if someone alerts.