Designing Privacy Policies for Children's Apps: A COPPA Compliance Guide & Template

Introduction

In today’s digital age, where online platforms and mobile applications are an integral part of our lives, protecting user privacy has emerged as a significant concern. It becomes even more critical when the users are children, who are considered vulnerable and less capable of understanding the implications of sharing personal information online. This is where the role of privacy policies comes into play. Privacy policies are essential documents that explain how an app collects, uses, and shares users’ data. For applications targeting children, these policies need to be clear, concise, and in full compliance with applicable laws and regulations, notably the Children’s Online Privacy Protection Act, or COPPA.

This article aims to guide app developers and owners in designing privacy policies for children’s apps, focusing on achieving compliance with COPPA. We will explore what COPPA entails, who it applies to, and the consequences of non-compliance. We will then delve into the specifics of what makes a privacy policy COPPA-compliant and discuss how to craft one that is both effective and easily understandable.

Understanding COPPA

The Children’s Online Privacy Protection Act, or COPPA, is a U.S. law enacted in 1998 to protect the privacy of children under 13 years of age. The law was passed in response to growing concerns about the potential for misuse of children’s personal information by online services. Administered by the Federal Trade Commission (FTC), COPPA imposes certain requirements on operators of websites or online services directed to children under 13 years of age, and on operators of other websites or online services that have actual knowledge that they are collecting personal information online from a child under 13.

Under COPPA, these operators must provide notice to parents and obtain verifiable parental consent before collecting, using, or disclosing personal information from children under 13. They must also give parents the choice to consent to the operator’s collection and internal use of a child’s information, but prohibit the operator from disclosing that information to third parties.

Violations of COPPA can result in severe penalties, including fines of up to $43,792 per violation, which can multiply rapidly in the case of apps or services with many users. However, the consequences of non-compliance extend beyond just financial penalties. A violation can result in damage to a company’s reputation, loss of user trust, and potential legal action.

The Importance of COPPA Compliance

Complying with COPPA is crucial, not just to avoid legal and financial repercussions, but also for ethical reasons and to build and maintain trust with users and their parents. As an app owner or developer, complying with COPPA signifies a commitment to safeguarding the privacy and wellbeing of the youngest and most vulnerable users.

Furthermore, trust plays a significant role in the success of any app or online service. Parents need to trust that their children’s personal information will be handled with care and respect. A clear, COPPA-compliant privacy policy can help build this trust, assuring parents that the app values their children’s privacy and has implemented the necessary measures to protect it.

In summary, COPPA compliance is an essential aspect of creating and operating online platforms and apps targeted at children. In the following sections, we will explore in detail how to create a COPPA-compliant privacy policy and the key considerations to keep in mind. By understanding and adhering to these guidelines, app developers and owners can ensure they are doing their part to protect the privacy of their youngest users.

What is a Privacy Policy?

A privacy policy is a legal document that explains how an app or website collects, uses, stores, and shares users’ personal information. It serves as a contract between the platform and its users, informing them about the types of data collected, the purpose for this data collection, the methods used for data collection, how the data is stored, and who it may be shared with. A well-drafted privacy policy will also inform users about their rights and how they can exercise them.

Privacy policies are required by various privacy laws and regulations around the world, including the General Data Protection Regulation (GDPR) in Europe, the California Consumer Privacy Act (CCPA) in the United States, and of course, the Children’s Online Privacy Protection Act (COPPA) for apps and websites targeting children under 13. These laws mandate that any platform collecting personal information from users must clearly disclose its practices and obtain user consent.

Beyond legal requirements, privacy policies are essential for maintaining transparency and trust with users. They serve as a clear statement of an app’s commitment to privacy and demonstrate accountability in handling personal information responsibly.

The Role of Privacy Policies in Children’s Apps

Privacy policies in children’s apps play a unique and critical role. Children are a vulnerable group with less understanding of the implications of sharing personal information. As such, the law places a higher duty of care on platforms dealing with children’s data.

Privacy policies for children’s apps need to be written in a way that is easy for parents to understand, as they are the ones who need to provide consent for data collection and use. These policies should clearly explain what data is collected from children, how it is used, and whether it is shared with any third parties. They should also explain how parents can provide consent, and how they can access, change, or delete their child’s personal information.

Moreover, privacy policies in children’s apps should explain the measures taken to protect children’s data. Given the sensitive nature of children’s personal information and the potential for harm if this information is misused or disclosed, these policies must ensure that robust security measures are in place.

In essence, the privacy policy in a children’s app serves as a promise to parents that their children’s personal information will be handled with the utmost care and respect. It is a crucial tool for building trust with parents, demonstrating transparency, and showing a commitment to the protection of children’s privacy.

Key Elements of a COPPA-Compliant Privacy Policy

Creating a privacy policy that is not only compliant with COPPA but is also clear, easy to understand, and accessible is crucial for any app or service aimed at children. Let’s delve into the key elements that should be included in such a policy.

Clear Explanation of Information Collection Practices

One of the primary requirements of a COPPA-compliant privacy policy is a clear, comprehensive explanation of your app’s information collection practices. This includes what information is collected from children, how it is collected, how it is used, and who it is shared with.

The information collected can be anything that can be used to identify a child, such as their name, address, phone number, email address, photographs, geolocation information, or persistent identifiers like cookies. It’s important to specify whether the information is collected actively (i.e., the child is asked to provide it) or passively (i.e., it’s automatically collected through the use of the app or website).

The explanation should be easy to understand and devoid of legal jargon. Remember, it’s not just about legal compliance; it’s about ensuring that parents understand your practices so they can make informed decisions about their children’s data.

Parental Rights and Controls

Under COPPA, parents have certain rights regarding their children’s personal information. Your privacy policy should clearly explain these rights and provide instructions on how parents can exercise them.

Parents have the right to review the personal information collected from their child, refuse further collection or use of the information, and request that the information be deleted. Your privacy policy should outline the procedures for these actions, including who to contact and what information is needed to verify the parent’s identity.

Security Measures

A COPPA-compliant privacy policy should also include information about the security measures in place to protect children’s personal information. This might include encryption, secure servers, access controls, and regular security audits.

It’s crucial to assure parents that their children’s data is safe and that your app or website has taken all reasonable measures to protect against unauthorized access, use, or disclosure.

Disclosure of Third-Party Data Sharing

If your app or website shares children’s personal information with third parties, this must be disclosed in the privacy policy. This includes third-party service providers who perform functions on your behalf (like analytics, ad serving, or customer service) and third-party plugins that collect information through your app or website.

The policy should explain who these third parties are, what information they collect, and how they use it. Again, the explanation should be clear and easy to understand, allowing parents to make informed decisions.

Writing a Privacy Policy that Complies with COPPA

A COPPA-compliant privacy policy isn’t just about ticking off legal requirements. It’s about creating a document that is clear, concise, and easy for parents to understand. Here are some practical tips on how to achieve this:

Language and Tone

When writing a privacy policy, use plain, straightforward language. Avoid legal jargon and complex terminology. Instead, aim to write in a way that the average parent can understand. Consider using examples or analogies to explain more complex concepts.

Structure and Organization

A well-structured, organized privacy policy makes it easier for parents to find the information they’re looking for. Consider using headings, subheadings, bullet points, and numbered lists to break up the text and organize the information.

You might also consider creating a table of contents or index with hyperlinks to different sections of the policy. This allows parents to navigate to specific information quickly and easily.

Accessibility

Finally, your privacy policy should be easily accessible. Parents should not have to search for it or guess where it might be. Instead, it should be prominently displayed or linked from within the app and on the app’s website. Furthermore, the link to the privacy policy should be clearly labeled, not buried in small print or hidden behind vague wording.

Conclusion

A COPPA-compliant privacy policy is a crucial requirement for any app or online service targeted at children. It provides transparency about your data practices and gives parents the necessary control over their children’s personal information. By ensuring that your privacy policy is not only compliant but also clear, accessible, and easy to understand, you can build trust with parents and create a safer online environment for children.

FAQ

What is COPPA?

The Children’s Online Privacy Protection Act (COPPA) is a U.S. law that was enacted in 1998 to protect the privacy of children under the age of 13. The act is enforced by the Federal Trade Commission (FTC). It is designed to ensure that parents are in control of what information is collected from their young children online. The Act specifies what a website operator must include in a privacy policy, when and how to seek verifiable consent from a parent or guardian, and what responsibilities an operator has to protect children’s privacy and safety online.

Why is COPPA important?

COPPA is important because it provides protections to children, a group that is considered vulnerable and less able to understand or consent to the complexities of online data collection and privacy. The law helps parents control what information is collected from their children online and how that information is used. Non-compliance with COPPA can result in hefty fines from the FTC, making it a significant consideration for businesses and websites that target or are accessible to children.

Who does COPPA apply to?

COPPA applies to any commercial website or online service directed to children under 13 that collects, uses, or discloses personal information from children. It also applies to any general audience website or online service that has actual knowledge that it is collecting, using, or disclosing personal information from children under 13.

What constitutes personal information under COPPA?

Personal information under COPPA includes, but is not limited to, first and last name, home or other physical address, email address, telephone number, Social Security number, or other information that allows someone to identify or contact a child. In addition, personal information includes any persistent identifier, such as a cookie or an IP address, if it can be used to recognize a user over time and across different websites or online services.

How can a website be COPPA compliant?

To be COPPA compliant, a website or online service must:

• Post a clear and comprehensive privacy policy that describes their information practices for children’s personal information.
• Provide direct notice to parents and obtain verifiable parental consent, with limited exceptions, before collecting personal information from children.
• Give parents the choice of consenting to the operator’s collection and internal use of a child’s information, but prohibiting the operator from disclosing that information to third parties.
• Provide parents access to their child’s personal information to review and/or have the information deleted.
• Give parents the opportunity to prevent further use or online collection of a child’s information.
• Maintain the confidentiality, security, and integrity of information they collect from children, including by taking reasonable steps to release such information only to parties capable of maintaining its confidentiality and security.

What are the consequences of not complying with COPPA?

Non-compliance with COPPA can result in civil penalties of up to $42,530 per violation, as of my knowledge cutoff in September 2021. The amount of civil penalties a court assesses may turn on a number of factors, including the egregiousness of the violations, whether the operator has previously violated the Rule, the number of children involved, the amount and type of personal information collected, how the information was used, whether it was shared with third parties, and the size of the company.

Remember, while this FAQ provides a basic overview of COPPA, it’s crucial to consult with a legal expert or attorney for advice tailored to specific circumstances. Laws can change, and interpretations may vary based on the specifics of a situation.

What are some best practices for creating a COPPA-compliant privacy policy?

A COPPA-compliant privacy policy should be clear, concise, and easy for parents to understand. It should:

• Clearly explain what information is collected from children, how it’s used, and the circumstances under which it’s disclosed.
• Provide contact information for the operator(s) collecting the information.
• Describe how parents can provide consent.
• Explain a parent’s right to review and delete their child’s personal information and to refuse to allow further collection or use of the child’s information.
• Be prominently linked from the home page and at each area where personal information is collected.

What is verifiable parental consent under COPPA?

Verifiable parental consent is any reasonable effort (taking into consideration available technology), including the use of a credit card, online payment system, a toll-free telephone number staffed by trained personnel, a print-and-send form that can be faxed or mailed, or an email accompanied by a digital signature, to ensure that the parent of a child receives notice of the operator’s personal information collection, use, and disclosure practices; authorizes any collection, use, and/or disclosure of the personal information; and cannot be reasonably sure that a child has not impersonated a parent.

Are there exceptions to the requirement of parental consent under COPPA?

Yes, there are several exceptions. The most notable ones include:

• When the collection of the name or online contact information of a parent or child is used only to provide notice to the parent and obtain parental consent.
• When the purpose of the collection is to respond directly on a one-time basis to a specific request from the child and is not used to re-contact the child.
• When the purpose of the collection is to protect the safety of a child.

How does COPPA apply to mobile apps?

COPPA applies to mobile apps if the apps are directed to children under 13 or if the app operators have actual knowledge that they are collecting personal information from users under 13. App operators must follow the same requirements as other online services under COPPA, including posting a privacy policy, obtaining verifiable parental consent before collecting personal information, and providing parents with the ability to review and delete their children’s personal information.

How does COPPA apply to educational technology and schools?

Schools may act as the parent’s agent and can consent to the collection of a student’s information on the parent’s behalf if it is used for an educational purpose. However, the school must provide the parent with notice of its COPPA obligations and the activities it has authorized on the parent’s behalf. Information collected from students cannot be used for commercial purposes.

Can an operator collect personal information from a child without parental consent?

Generally, an operator is required to obtain verifiable parental consent before collecting personal information from a child. However, there are a few exceptions to this requirement. For instance, an operator may collect a child’s name and online contact information solely for the purpose of obtaining parental consent or providing notice to the parent. Additionally, if the collection of personal information is to respond directly to a specific request from the child and is not used to re-contact the child, parental consent may not be required. It’s important for operators to carefully review the specific exceptions outlined in COPPA to ensure compliance.

How does COPPA apply to third-party services and plugins?

COPPA holds website operators accountable for the collection of personal information by third-party services and plugins integrated into their platforms. If a third party collects personal information through a website or online service directed at children, both the operator and the third party may be considered operators under COPPA. In such cases, the operator must take reasonable steps to ensure that the third party is capable of maintaining the confidentiality and security of the collected information. It is crucial for operators to conduct due diligence and enter into appropriate agreements with third-party providers to ensure compliance with COPPA.

Children’s Online Privacy Protection Act Privacy Policy Template

This Children’s Online Privacy Protection Act (COPPA) Privacy Policy is a template, designed to provide an overview of how a company, referred to as [Company Name], handles the personal information of children under 13 in compliance with COPPA. The policy covers several areas:

• The types of educational services offered by [Company Name] and how personal information is collected in the course of providing these services.
• The means through which [Company Name] collects personal information directly from children and automatically through their use of the site and services.
• How the collected information is used, emphasizing that it’s primarily to provide services and address customer service or technical support issues.
• The conditions under which the collected information might be disclosed, assuring parents that children’s personal information isn’t sold or made public.
• Parents’ rights to review, correct, or delete their child’s personal information, and to refuse further collection or use of the child’s information.
• Security measures put in place by [Company Name] to protect the children’s personal information, which might include encryption, secure servers, access controls, and regular security audits.

Please remember that this is a template and it should be tailored to match your organization’s actual practices and legal requirements. Always consider getting legal advice to make sure your policy complies with all applicable laws and regulations.

CHILDREN’S PRIVACY POLICY

Last Updated: [Date]

At [Company Name], we uphold the privacy rights of children and all of our users. This privacy policy adheres to the Children’s Online Privacy Protection Act (COPPA) and clarifies how we collect, use, and disclose personal data from children under the age of thirteen who utilize the services offered through our website [link] (the “Site”) and the related educational services, such as online courses (collectively, the “Services”).

Services Description

[Company Name] provides educational online courses on our proprietary platform. We may collaborate with foundations, non-profits, and for-profit entities to make these courses accessible to educational organizations and schools. In the process of providing these Services, we may encounter information, including personal information, from course participants.

We emphasize that not all of our courses are designed for children under 13. This COPPA policy applies specifically to the information we collect from children under 13 through our courses aimed at this age group.

Handling Children’s Personal Information

We manage children’s personal information as detailed in this COPPA policy. The handling of personal information from other users (for example, teens and adults) will be in accordance with our Privacy Policy. The utilization of our Site and any disputes over privacy are governed by this COPPA policy, our Privacy Policy, and our Terms of Service, which include applicable limitations on damages and the resolution of disputes.

Data Collection

As operators of the Site and Services, we are responsible for collecting children’s personal information as outlined in this COPPA policy and our Privacy Policy. We can be reached at:

[Company Address] [Company Contact Number] privacy@[Company Name].com

Despite collaborating with external entities to offer digital learning courses, these partners do not receive any individual personal information from the Site users, including children. We may, however, share aggregate or de-identified user information with partners.

Information Collection and Purpose

We gather certain personal data from children to monitor their progress through our courses:

1. [list]
2. [list]

This data is solely retained for educational purposes.

Information is collected directly from children and automatically through a child’s use of our Site and Services. We never require a child to disclose more information than is reasonably necessary to use our Services.

Direct Information Collection

For children under 13, we use the date of birth to verify age but do not store it. We only store information indicating whether they are under 13. If a child is under 13, we collect the child’s first name and last initial without asking for their full last name. We prompt children to create their own usernames and giving an email address is optional. The username and email address (if provided) are only used to track course progress or to reset passwords; we do not contact children using their email addresses or usernames.

Automatic Information Collection

Through cookies and other technologies, we may automatically collect certain information about a child’s use of our Site. This includes the domain name, browser type and operating system, web pages viewed, links clicked, time spent on our Site, and activities within our Site. We also collect the IP address or similar unique identifier from users of our Site, including children, used to support the internal operations of our Site and not for collecting information outside of our Site.

Our Use of Children’s Information

We use the personal information collected from children for the following purposes:

• To provide our Services
• To respond to customer service and technical support issues and requests.

Before we use any other information for commercial purposes, we de-identify and/or aggregate it.

Sharing Children’s Information

We do not sell children’s personal information, and we do not allow children to make their personal information public through our Services. We may, however, disclose personal information collected from children to provide our Services, to protect ourselves and others, to comply with law or in response to a court order or subpoena, or to a successor entity in connection with a corporate merger, consolidation, sale of assets, or other corporate changes.

Parental Rights and Controls

Parents have the right to review, correct, and delete their child’s personal information from our database, and to refuse further collection or use of their child’s information. To exercise these rights, parents can contact us at privacy@[Company Name].com. You will be required to verify your identity as the child’s parent to receive information about that child.

Please note that residual copies of information may remain in our systems after you have requested the information be deleted, due to caching or archiving.

We are committed to giving parents the tools to protect their children’s privacy and provide a safe online environment. We recommend parents to educate their children about safe internet use and the risks of providing personal information online.

Security Measures

At [Company Name], we understand the paramount importance of your child’s security online. We have implemented comprehensive and stringent security measures to safeguard the personal information of your child.

Our digital environment employs advanced encryption methods and secure servers to protect your child’s personal information from unauthorized access, use, or disclosure. We have implemented access controls so that only authorized personnel have access to the children’s personal data.

In addition to these measures, we conduct regular security audits to monitor and assess the effectiveness of our security measures and continually improve our security infrastructure.

We are committed to ensuring that your child’s data is secure. However, it’s important to remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your child’s personal information, absolute security cannot be guaranteed.

We encourage parents to educate their children about the importance of maintaining the confidentiality of their personal information, and we recommend using our Site and Services in a safe and supervised environment.