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You might also choose to consult with one of the Commission-approved COPPA Safe Harbor Programs or seek the advice of counsel. If you wish to keep your online privacy policy simple, you may include a clear and prominent link in the privacy policy to the complete list of operators, as opposed to listing every operator in the policy itself. In fact, the FTC Staff Report, Mobile Apps for Kids: Disclosures Still Not Making the Grade (Dec. The amended Rule significantly changed the format and content of the information that must be included in an operator’s direct notice to parents.

COPPA expressly states that the law applies to commercial websites and online services and not to nonprofit entities that otherwise would be exempt from coverage under Section 5 of the FTC Act. Although nonprofit entities generally are not subject to COPPA, the FTC encourages such entities to post privacy policies online and to provide COPPA’s protections to their child visitors. You must ensure, however, that your privacy policy signals parents to, and enables them easily to access, this list of operators. 2012) notes that “information provided prior to download is most useful in parents’ decision-making since, once an app is downloaded, the parent already may have paid for the app...” p. Further, if a child-directed app were designed to collect personal information as soon as it is downloaded, it would be necessary to provide the direct notice and obtain verifiable consent at the point of purchase or to insert a landing page where a parent can receive notice and give consent before the download is complete. This advice remains in effect under the amended Rule. The Rule now provides a very detailed roadmap of what information must be included in your direct notice depending upon what personal information is collected and for what purposes.

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

The Children’s Privacy section includes a variety of materials regarding COPPA, including all proposed and final Rules, public comments received by the Commission in the course of its rulemakings, guides for businesses, parents, and teachers, information about the Commission-approved COPPA safe harbor programs, and FTC cases brought to enforce COPPA.

Many of the educational materials on the FTC website also are available in hard copy free of charge at ftc.gov/bulkorder.

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.

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