3. Can I block kiddies under 13 from my basic market web site or service that is online
Yes. COPPA will not need you to allow kids under age 13 to be involved in your present market site or service that is online and you might block kids 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 kids 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 website or service if you choose to block kiddies under 13 on your own basic market web site or solution. Ask age information in a manner that is neutral the point where you ask people to offer information that is personal or even to produce a person ID.
In creating a basic age-screening procedure, you should look at:
- making certain the information entry way permits users to enter what their age is accurately. A good example of an age-screen that is neutral be a method which allows a person easily to enter thirty days, time, and 12 months of delivery. A niche site which includes a menu that is drop-down only licenses users to enter birth years making them 13 or older, wouldn’t be considered a neutral age-screening process since kiddies cannot enter their proper many years on that web site.
- Avoiding children that are encouraging falsify how old they are information, for instance, by saying that site site 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 a basic age-screening process.
In addition, in line with long standing Commission advice, FTC staff suggests utilizing a cookie to avoid children from back-buttoning to enter a various age. Remember that in the event that you ask individuals to enter age information, and after that you fail either to display screen out kiddies under age 13 or even to get their parents’ permission to gathering these children’s private information, you might be 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 a basic market gaming web site and don’t ask people to expose their many years. I really do allow users to submit feedback, responses, or concerns by email. What exactly are my responsibilities 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 send your response. 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. Keep in mind that in the event that you choose to not ever react to the child’s inquiry, you have to nevertheless straight away delete the child’s private information from your own documents. 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.,. This kind of a scenario, you will have to make a plan to make sure that you will be complying with COPPA, such as for instance getting parental permission or straight away deleting any private information gathered through the kid.
5. We run an audience that is general solution and never ask people to expose their many years. But, i actually do permit users generate their particular web log pages, and my solution features a true amount of online discussion boards.
(a) what goes on if a kid registers on my solution and articles information that is pagersonale.g., on a remarks web web page) but will not expose their age anywhere?
The COPPA Rule just isn’t triggered in this situation. The Rule relates to an operator of a audience that is general if this has real knowledge that a specific 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.
Nevertheless, also where a young child himself has not yet revealed his age on a site or solution, an operator may get actual knowledge where it later learns of a child’s age – for instance, through a written report from the concerned parent who has got unearthed that her son or daughter is participating on the website. Where an operator understands that a particular visitor is a youngster, the operator must either meet COPPA’s notice and parental permission needs or delete the child’s information.
(b) what goes on if a kid articles in a forum and announces her age?
If nobody in your business is alert to the post, then you can not need the prerequisite real knowledge under the Rule. Nonetheless, maybe you are thought to have actual knowledge where a kid announces her age under specific circumstances, as dating sites for Korean professionals 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.