Yes. COPPA doesn’t need you to allow kiddies under age 13 to be involved in your overall market web site or online solution, and you will block kiddies from participating in the event that you so choose. By comparison, may very well not block kids from taking part in a web site or online solution that is directed to children as defined because of the Rule. See FAQ D. 2 above.
You should take care to design your age screen in a manner that does not encourage children to falsify their ages to gain access to your site or service if you opt to block children under 13 in your basic audience web site or solution. Ask age information in a basic way at the point at which you ask people to offer information that is personal or even produce a person ID.
In creating a basic age-screening process, you should think about:
- 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 system that enables a person easily to enter thirty days, time, and year of delivery. A niche site that 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 apparatus since kiddies cannot enter their correct many years on that web web site.
- Avoiding children that are encouraging falsify how old they are information, as an example, by saying that site 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 yrs. Old” wouldn’t be considered an age-screening mechanism that is neutral.
In addition, in keeping with long standing Commission advice, FTC staff suggests employing a cookie to stop 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 display screen out kids under age 13 or to obtain their parents’ permission to gathering these children’s private information, maybe you are 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 web site plus don’t ask people to expose their many years. I actually do allow users to submit feedback, commentary, or concerns by e-mail. Exactly what are my obligations if we get a ask for a contact response from a new player whom shows that he’s under age 13?
Underneath the Rule’s one-time reaction exclusion (16 C.F.R. § 312.5(c)(3)) you will be allowed to deliver a reply into the son or daughter, through the child’s online contact information, without delivering notice towards the moms and dad or getting parental permission. But, you need to delete the child’s online contact information from your own records immediately when you deliver your reaction. You might not make use of the child’s online contact information to re-contact the kid (or even for any kind of function), or disclose the child’s online contact information. Keep in mind that in the event that you choose never to react to the child’s inquiry, you must nevertheless instantly delete the child’s information that is personal from your own documents. Furthermore, such a message can provide you real knowledge which you have actually gathered information that is personal from a kid (age.g., if you had formerly gathered the child’s email included in a web page registration procedure). This kind of a scenario, you will have to make a plan to make sure that you might be complying with COPPA, such as for instance acquiring consent that is parental instantly deleting any information that is personal collected through the kid.
5. We run an audience that is general solution nor ask people to reveal their ages. Nevertheless, i really do allow users to generate their very own weblog pages, and my solution features quantity of online discussion boards.
(a) what goes on if a young child registers to my solution and articles information that is pagersonale.g., on a responses web page) but doesn’t reveal their age anywhere?
The COPPA Rule just isn’t triggered in this situation. The Rule relates to an operator of the general market site if it offers real knowledge that a specific 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 have not revealed their age on a niche site or solution, an operator may obtain knowledge that is actual it later learns of a child’s age – for instance, through a written report from the concerned moms and dad Casual Sex dating websites free who may have 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 needs or delete the child’s information.
(b) what the results are if a young child articles in a forum and announces her age?
If no body in your business is alert to the post, then you can n’t have the prerequisite real knowledge under the Rule. Nonetheless, you may well be thought to have real knowledge where a kid announces her age under specific circumstances, as an example, in the event that you monitor your articles, in case a accountable person in your business views the post, or if perhaps somebody alerts you to definitely the post (age.g., a concerned moms and dad who learns that their son or daughter is participating in your website).