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In conducting your review, look closely at what information you collect, how you collect it, how you use it, whether the information is necessary for the activities on your site or online service, whether you have adequate mechanisms for providing parents with notice and obtaining verifiable consent, whether you have adequate methods for parents to review and delete their children’s information, and whether you employ adequate data security, retention, and deletion practices.

Educational materials aimed at operators of websites and online services are available in the Children’s Privacy Section of the FTC’s Business Center. In the 1999 Statement of Basis and Purpose, the Commission explained that “‘clear and prominent’ means that the link must stand out and be noticeable to the site’s visitors through use, for example, of a larger font size in a different color on a contrasting background.

In some circumstances, this may mean that children are able to register on a site or service in violation of the operator’s Terms of Service.

If, however, the operator later determines that a particular user is a child under age 13, COPPA’s notice and parental consent requirements will be triggered.

The amended Rule defines personal information to include: The amended Rule, which goes into effect on July 1, 2013, added four new categories of information to the definition of personal information.

The amended Rule of course applies to any personal information that is collected after the effective date of the Rule.

The final Rule amendments, among other things: The FTC has a comprehensive website which provides information to the public on a variety of agency activities.Marketing Your Mobile App: Get it Right From the Start. The Commission does not consider ‘clear and prominent’ a link that is in small print at the bottom of the home page, or a link that is indistinguishable from a number of other, adjacent links.” mandate that a privacy policy be posted at the point of purchase; rather, the Rule requires that it be posted on the home or landing screen.These materials can provide you with helpful guidance. The amended Rule states that the “operator must post a prominent and clearly labeled link to an online notice of its information practices with regard to children on the home or landing page or screen of its Web site or online service, at each area of the Web site or online service where personal information is collected from children.” 16 C. However, there is a substantial benefit in providing greater transparency about the data practices and interactive features of child-directed apps at the point of purchase and we encourage it as a best practice. The Rule requires operators to make reasonable efforts, taking into account available technology, to ensure that a parent of a child receives direct notice of the operator’s practices with regard to the collection, use, or disclosure of personal information from children, including notice of any material changes to practices to which the parent previously consented.In general, because many types of nonprofit entities are not subject to Section 5 of the FTC Act, these entities are not subject to the Rule. As a matter of federal policy, all websites and online services operated by the Federal Government and contractors operating on behalf of federal agencies must comply with the standards set forth in COPPA. The amended Rule defines “personal information” to include identifiers, such as a customer number held in a cookie, an IP address, a processor or device serial number, or a unique device identifier that can be used to recognize a user over time and across different websites or online services, even where such identifier is FAQ C.11), your collection, use or disclosure of such persistent identifiers unless (1) you collect no other “personal information,” and (2) such persistent identifiers are collected on or through your site or service solely for the purpose of providing “support for the internal operations” of your site or service. In addition, an operator of a general audience website or online service that has a separate children’s area must post a link to its notice of information practices with regard to children on the home or landing page or screen of the children’s area. In the 1999 Statement of Basis and Purpose, the Commission noted that “operators are free to combine the privacy policies into one document, as long as the link for the children’s policy takes visitors directly to the point in the document where the operator’s policies with respect to children are discussed, or it is clearly disclosed at the top of the notice that there is a specific section discussing the operator’s information practices with regard to children.” 64 Fed. Operators should also ensure that the link for the children’s portion of the privacy policy appears on the home page or screen of the children’s area of the site or service, and at each area where personal information is collected from children. There are four instances where a direct notice is required or appropriate under the Rule: No.However, nonprofit entities that operate for the profit of their commercial members may be subject to the Rule. OMB Guidance for Implementing the Privacy Provisions of the E-Government Act of 2002 (Sept. Foreign-based websites and online services must comply with COPPA if they are directed to children in the United States, or if they knowingly collect personal information from children in the U. The law’s definition of “operator” includes foreign-based websites and online services that are involved in commerce in the United States or its territories. S.-based sites and services that collect information from foreign children also are subject to COPPA. The amended Rule retains the requirement that, if there are multiple operators collecting information through your site (including via plug-ins), you may list the name, address, phone number, and email address of one operator who will respond to all inquiries from parents regarding all of the operators’ privacy policies and use of children’s information, as long as the names of all the operators are also listed in this online notice. For more detailed information about activities considered support for internal operations, FAQs I.5-8, below. As described in FAQ C.11 above, the amended Rule makes clear that the direct notice to parents must contain certain key information within the four corners of the notice itself, depending on the purpose for which the information is being collected.

A court can hold operators who violate the Rule liable for civil penalties of up to $41,484 per violation.

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