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Nov 11th

3. Could I block kids under 13 from my basic market web site or service that is online

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3. Could I block kids under 13 from my basic market web site or service that is online

Yes. COPPA will not need you to allow young ones under age 13 to take part in your overall market site or service that is online and you will block kids from participating in the event that you so choose. In comparison, you might not block kids from taking part in a site or online solution that is directed to kids as defined by the Rule. See FAQ D. 2 above.

If you opt to block kids under 13 on the basic market website or solution, you should make sure to design your actual age display in a fashion that will not encourage young ones to falsify their many years to get usage of your web site or solution. Ask age information in a basic way at the point where you ask people to offer information that is personal or even produce a person ID.

In designing an age-screening that is neutral, you should look at:

  • making certain the information entry way permits users to enter what their age is accurately. An example of a basic age-screen would be a method that enables a user easily to enter month, time, and 12 months of delivery. A website which includes a drop-down menu that only permits users to enter birth years making them 13 or older, wouldn’t be considered a basic age-screening mechanism since children cannot enter their proper ages on that 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 years old” wouldn’t be considered an age-screening mechanism that is neutral.

In addition, in keeping with long standing Commission advice, FTC staff advises using a cookie to stop kiddies from back-buttoning to enter an age that is different. Remember that in the event that you ask individuals to enter age information, after which you fail either to screen out kids under age 13 or even get their parents’ permission to collecting these children’s private information, you may well be accountable for breaking COPPA. See, e.g., the FTC’s COPPA situations against Path, Inc., Playdom, Inc. And Sony BMG musical Entertainment.

4. We run a general market video gaming web web web site and don’t ask people to expose their many years. I really do allow users to submit feedback, feedback, or concerns by e-mail. What exactly are my obligations 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. Nevertheless, you have to delete the child’s online contact information from your own documents quickly when you deliver your reaction. May very well not utilize the child’s online contact information to re-contact the youngster (and for virtually 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 contact can provide you actual knowledge which you have actually gathered information that is personal from a young child (age.g., if you had formerly gathered the child’s email as an element of a web site registration procedure). This kind of a scenario, you would have to make a plan to ensure you’re complying with COPPA, such as for example acquiring parental permission or instantly deleting any private information gathered through the youngster.

5. We run an audience that is general solution plus don’t ask people to expose their many years. But, i actually do allow users to produce their particular weblog pages, and my solution includes wide range of online discussion boards.

(a) what the results are if a young child registers back at my solution and articles information that is personale.g., on a feedback web web page) but will not expose their age anywhere?

The COPPA Rule is certainly not triggered in this situation. The Rule pertains to an operator of a basic market site if this has 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 hasn’t revealed his age on a niche site or service, an operator may get knowledge that is actual it later learns of a child’s age – for instance, through a written report from a concerned moms and dad who has got found that her child is participating on the website. Where an operator knows that a specific visitor is a youngster, the operator must either meet COPPA’s notice and parental permission demands or delete the child’s information.

(b) what the results are if a young child posts in a forum and announces her age?

If no body in your company is alert to the post, then you can not need the prerequisite real knowledge under the Rule. Nonetheless, perhaps you are thought to have real knowledge where a kid announces her age under specific circumstances, for instance, if you monitor your articles, in case a accountable person in your company views the post, or if perhaps somebody alerts one to the post (e.g., a concerned moms and dad whom learns that their son or daughter is participating on your own website).

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