Yes. COPPA will not need you to allow kids under age 13 to be involved in your overall market web site or online solution, and you might block young ones from participating in the event that you so select. In comparison, you may not block kids 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.
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 choose to block young ones under 13 in your basic market site or solution. Ask age information in a basic manner at the point where you ask people to offer personal information or even to produce a person ID.
In creating an age-screening that is neutral, you should think about:
- making certain the information access point permits users to enter how old they are accurately. A good example of an age-screen that is neutral 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 licenses users to enter delivery years making them 13 or older, wouldn’t be considered a basic age-screening system since kids cannot enter their proper many years on that web web site.
- Avoiding encouraging kiddies to falsify what their age is information, for instance, by saying that 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” would not be considered an age-screening mechanism that is neutral.
In addition, in line with long standing Commission advice, FTC staff advises utilizing 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, then you fail either to display screen out kids under age 13 or even to obtain their parents’ permission to collecting these children’s information that is personal, you may well be accountable for breaking COPPA. See, e.g., the FTC’s COPPA situations against Path, Inc., Playdom, Inc. And Sony BMG Music Entertainment.
4. We run a general market video gaming web site plus don’t ask visitors to expose their many years. I actually do permit users to submit feedback, feedback, or concerns by e-mail. Exactly what are my duties 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. Nonetheless, you have to delete the child’s online contact information from your own documents quickly when you deliver your response. May very well not make use of 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. Keep in mind that in the event that you choose not to ever react to the child’s inquiry, you need to nevertheless instantly delete the child’s information that is personal from your own records. Furthermore, 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 scenario, you would have to make a plan to ensure you will be complying with COPPA, such as for instance acquiring parental permission or 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 many years. Nevertheless, i actually do permit users to produce their particular weblog pages, and my solution features a true quantity of online discussion boards.
(a) what goes on if a kid registers on my solution and articles information that is pagersonale.g., for a reviews web web web page) but will not 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 certain visitor is a kid. 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 have not revealed their age on a niche site or solution, an operator may acquire real knowledge where it later learns of a child’s age – for instance, through a written report from a concerned moms and dad who’s got 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 demands or delete the child’s information.
(b) what goes on if a young child 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 real knowledge under the Rule. Nevertheless, maybe you are thought to have actual knowledge where a kid announces her age under specific circumstances, for instance, 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.