Yes. COPPA will not need you to allow kiddies under age 13 to take part in your present market internet site or online solution, and you will block young ones from participating in the event that you so select. By comparison, may very well not block kiddies from taking part in an internet site or online solution that is directed to kiddies as defined by the Rule. See FAQ D. 2 above.
If you decide to block kids under 13 in your basic market website or solution, you should take time to design your actual age display 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 neutral way at the point where you invite people to offer private information or to produce a person ID.
In creating a basic age-screening system, you should look at:
- making certain the info entry point permits users to enter how old they are accurately. A typical example of a basic age-screen would be a method which allows a person easily to enter thirty days, time, and 12 months of birth. 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 many years on that web site.
- Avoiding children that are encouraging falsify what their age is information, as an example, 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 of age” 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 avoid children from back-buttoning to enter an age that is different. Remember that in the event that you ask individuals to enter age information, then you fail either to display screen out kids under age 13 or even to obtain their parents’ permission to gathering these children’s private information, maybe you are responsible for breaking COPPA. See, e.g., the FTC’s COPPA instances against Path, Inc., Playdom, Inc. And Sony BMG musical Entertainment.
4. I operate a basic market video gaming web site nor ask people to expose their many years. I really do allow users to submit feedback, reviews, or concerns by e-mail. Exactly what 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 321chat senior receive a request for an email response from a player who indicates. But, you need to delete the child’s online contact information from your own documents immediately once you send your reaction. You might not utilize 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 you must still immediately delete the child’s personal information from your records if you choose not to respond to the child’s inquiry. 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 will have to make a plan to make sure that you may be complying with COPPA, such as for example getting parental permission or straight away deleting any information that is personal gathered through the youngster.
5. We operate an audience that is general solution nor ask people to expose their many years. Nonetheless, I do allow users to produce their particular weblog pages, and my solution has amount of online discussion boards.
(a) what the results are if a kid registers to my solution and articles information that is personale.g., on a feedback web web web page) but doesn’t expose their age anywhere?
The COPPA Rule isn’t triggered in this situation. The Rule pertains to an operator of the audience that is general 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.
But, also where a young child himself has not yet revealed their age on a website or solution, an operator may obtain real knowledge where it later learns of a child’s age – for instance, through a written report from the concerned moms and dad who has got found that her son or daughter is participating on the internet site. Where an operator understands that a specific visitor is a young child, the operator must either meet COPPA’s notice and parental permission demands or delete the child’s information.
(b) what goes on if a child articles in a forum and announces her age?
If no body in your business is alert to the post, then you can not need the necessity actual knowledge under 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.