See 16 C.F.R. Note, however, that the Rule requires that each direct notice you send also contain a link to your online privacy policy. You may not use the child’s online contact information to re-contact the child (or for any other purpose), or disclose the child’s online contact information.
For example, New York has brought several COPPA enforcement actions. Although the Rule provides that the operator must ensure that the requestor is a parent of the child, it also notes that if you follow reasonable procedures in responding to a request for disclosure of this personal information, you will not be liable under any federal or state law if you mistakenly release a child’s personal information to a person other than the parent. For example, COPPA would apply if an app collects the user’s longitude and latitude. See FAQ I.2. In addition, third parties, such as advertising networks, are also subject to COPPA where they have actual knowledge they are collecting personal information directly from users of child-directed websites and online services.“YouTube touted its popularity with children to prospective corporate clients,” said FTC Chairman Joe Simons. This document represents the views of FTC staff and is … If you do need to obtain a mailing address and wish to stay within the one-time exception, you may ask the child to provide his parent’s online contact information and use that identifier to notify the parent if the child wins the contest. However, if your intended audience is kids under 13, you’re covered by COPPA and have to honor the Rule’s requirements.The Rule sets out additional factors the FTC will consider in determining whether your content is child-directed:The determination of whether content is child-directed will be clearer in some contexts than in others, but we can share some general rules of thumb. COPPA covers the collection of geolocation information, not just its use or disclosure.COPPA does not require an operator to notify parents and obtain their consent before collecting the type of coarse geolocation services described. As the Commission noted in the The Rule requires you to provide parents with a means of reviewing any personal information you collect online from children.
The term “support for internal operations” does not include behavioral advertising. The school’s agreement with a third party operator must also be reviewed under the school official exception or other applicable exception under FERPA. Prior to YouTube's settlement with the FTC, its position was that YouTube's TOS excludes children, and its content is all "family friendly, but general audience" rather than being explicitly child-directed. 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. The intention is to help ensure that the direct notice functions as an effective “just-in-time” message to parents about an operator’s information practices, while also directing parents online to view any additional information contained in the operator’s online notice.Unless one of the limited exceptions applies (see FAQ I.2), the Rule requires that you send parents the direct notice prior to the collection of any personal information from the child. The determination of the appropriate civil penalty will vary on a case-by-case basis. However, in the situation you describe — where a child can email a painting and a message or post content on his or her social networking page through your app — no exception applies.The circumstances under which you will be deemed to have acquired “actual knowledge” that you have collected personal information directly from users of a child-directed site or service will depend a lot on the particular facts of your situation. See FAQ D.4 above. A child-directed site and a third-party plug-in collecting persistent identifiers from users of that child-directed site can both rely upon the Rule’s “support for internal operations” exception where the only personal information collected from such users are persistent identifiers for purposes outlined in the “support for internal operations” definition.
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