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 might block young ones from participating in the event that you so select. By comparison, may very well not block kiddies from participating in a web site or online service that is directed to kids 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 solution if you opt to block young ones under 13 on your own basic market site or service. 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 creating an age-screening that is neutral, you should think about:
- making certain the info access point enables users to enter how old they are accurately. An example of a basic age-screen would be a method which allows a person easily to enter thirty days, time, and year 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 process since kiddies cannot enter their proper many years on that site.
- Avoiding encouraging young ones to falsify how old they are information, as an example, by saying that 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 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 advises making use of a cookie to avoid kiddies from back-buttoning to enter an age that is different. Remember that if you ask individuals to enter age information, after which you fail either to display screen out young ones under age 13 or even get 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 Music Entertainment.
4. We run a basic market gaming site and don’t ask people to expose their many years. I really do allow users to submit feedback, feedback, or concerns by email. 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 need to delete the child’s online contact information from your own documents immediately once you send your reaction. May very well not make use of the child’s online contact information to re-contact the young child(and for every other 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 contact 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.,. This kind of a circumstance, you would have to do something to ensure you will be complying with COPPA, such as for example acquiring consent that is parental instantly deleting any private information collected through the youngster.
5. We run an audience that is general service nor ask people to expose their many years. However, i really do allow users to generate unique web log pages, and my solution has quantity of online discussion boards.
(a) what goes on if a kid registers on my solution and posts information that is personale.g., for a feedback page) but doesn’t expose their age anywhere?
The COPPA Rule just isn’t triggered in this situation. The Rule relates to an operator of the basic market site if it offers real knowledge that a specific visitor is a kid. If a young child articles information that is personal on a broad market website or solution but will not expose their age, if the operator does not have any other information that could lead it to learn that the customer is a young child, then your operator wouldn’t dating much older women be considered to possess obtained “actual knowledge” beneath the Rule and wouldn’t be susceptible to the Rule’s needs.
Nevertheless, also where a kid himself have not revealed their age on a website or solution, an operator may obtain knowledge that is actual it later learns of a child’s age – for instance, through a study from a concerned moms and dad who has got found that her kid is participating on the webpage. 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 the results are if a kid articles in a forum and announces her age?
If no body in your company is alert to the post, then you can n’t have the prerequisite knowledge that is actual the Rule. Nevertheless, you may well be thought to have real knowledge where a kid announces her age under specific circumstances, for instance, in the event that you monitor your articles, in cases where a accountable person in your business views the post, or if perhaps some one alerts one to the post (age.g., a concerned parent whom learns that their son or daughter is participating on your own website).