COPPA just covers information collected online from kids. It doesn’t protect information gathered from grownups which could pertain to kiddies. Hence, COPPA is certainly not set off by a grownup uploading photos of kids on a basic market website or perhaps in the non-child directed percentage of a mixed-audience internet site.
Nevertheless, operators of sites or online solutions being mainly directed to kids (as defined by the Rule) must assume that the individual uploading an image is a kid and so they must design their systems either to: (1) give notice and obtain previous parental permission, (2) eliminate any kid images and metadata just before publishing, or (3) produce an unique area for publishing by grownups, if it may be the intention.
5. My software is directed to kiddies. A kid can upload photos in to the software and manipulate and enhance the pictures in numerous means, nevertheless the software will not send any information that is personal (pictures or elsewhere) through the child’s unit. Have always been we “collecting” personal information due to the fact kid is getting together with a photo saved from the device?
No. You’re not gathering information that is personal mainly because your app interacts with private information this is certainly saved regarding the unit and it is never ever sent.
F. GEOLOCATION DATA
1. We immediately gather geolocation information from users of my children’s software, but i actually do perhaps not make use of this given information for any such thing. Am we in charge of notifying moms and dads and having their permission to collection that is such
Yes. COPPA covers the number of geolocation information, not only its usage or disclosure.
2. Let’s say I give my users a selection to make off geolocation information? Do we still need to alert moms and dads and get prior parental consent?
COPPA was designed to alert moms and dads and provide them the decision to consent. Consequently, it’s not enough to produce notification that is such option into the youngster individual of an internet site or solution. The operator will be responsible for notifying parents and obtaining their consent prior to such collection if the operator intends to collect geolocation information.
3. The amended Rule covers “geolocation information adequate to determine road title and title of town or city. ” Let’s say my children’s software just collects geolocation that is coarse, tantamount to collecting a ZIP rule but absolutely nothing more specific?
COPPA will not need an operator to alert moms and dads and acquire their permission before collecting the kind of coarse geolocation services described. But, the operator ought to be quite sure that, in most circumstances, the geolocation information it gathers is more basic than that adequate to spot street name and title of town or city.
4. The geolocation information we gather through my software provides numbers that are coordinate. It will not particularly recognize a street title and title of town or town. Do i need to inform moms and dads to get their permission in this situation?
COPPA covers the number of geolocation information that is“sufficient determine road title and title of town or city. It generally does not need the address that is actual of these information during the time of collection. One example where COPPA could be triggered is where a software takes the user’s longitude and latitude coordinates and translates them to an exact location on a map.
G. GENERAL READERS, TEEN, AND MIXED-AUDIENCE INTERNET SITES OR SERVICES
1. Am I responsible if kiddies lie about what their age is through the enrollment procedure to my basic audience website?
The Rule doesn’t need operators of basic market web web internet sites to research the many years of people to their web sites or solutions. See 1999 Statement of Basis and Purpose, 64 Fed. Reg . 59888, 59892. Nevertheless, operators is likely to be held to own obtained real understanding of having gathered information that is personal a youngster where, as an example, they later observe a child’s age or grade from the concerned moms and dad that has discovered that their kid is participating on the website or solution.
2. We have an on-line solution that is meant for teens. So how exactly does COPPA affect me?
Although you might want to run a “teen service, ” in reality, your website may attract a considerable amount of kiddies under 13, and therefore are regarded as a “Web web site or service that is online to children” under the Rule. Just as the Commission considers a few facets in determining whether a niche site or service is directed to children, you too should think about your service’s subject material, artistic content, character alternatives, music, and language, among other items. In case the solution objectives young ones as you of its audiences – even in the event kiddies aren’t the main market – then your service is “directed to young ones. ”
In circumstances where young ones aren’t the main market of one’s child-directed solution, the amended Rule enables you to use an age display to be able to offer COPPA’s defenses to simply those site visitors whom indicate they’re under age 13. Keep in mind that web internet sites or services directed to children cannot utilize the age display to block young ones under age 13. See FAQ D. 2 above. As soon as you identify child visitors, you might decide to:
- Collect moms and dads’ online contact information to deliver notice that is direct purchase to get parents’ consent to your data collection, usage and disclosure techniques; or
- Direct kid people to content that will not include the collection, usage, or disclosure of information that is personal.