When you are answering the Privacy Policy questionnaire, you will be asked whether you knowingly collect the personal information of children under the age of 18. This question is asked due to the fact that there are some privacy laws that apply to the collection of personal information from children. Due to the extensive disclosures required by these laws, we believe that websites that engage in this practice should work directly with an attorney focusing on this area of law. Thus, if your answer to this question is "yes" or "I don't know", we will not be able to generate your Privacy Policy.
What does it mean to knowingly collect personal information from children? First, you can knowingly collect this information if you are aware of the age of a person and still allow them to proceed to your website and submit their personal information even if they are under 18. Websites that have age screeners (e.g. asking for a person's birth date) and allowing children under 18 to proceed would knowingly be collecting personal information from children.
Websites that are directed to children will also need to select "yes". While the determination of whether a website is directed to children is made on a case by case basis, the following factors can be used to make that determination:
- The subject matter;
- Visual content;
- The use of animated characters or child-oriented activities and incentives;
- Music or other audio content;
- Age of models;
- Presence of child celebrities or celebrities who appeal to children;
- Whether advertising on the website is directed to children.
Finally, for these laws to apply, the personal information must be collected from the child themselves, not from the parents. For more information on what it means to knowingly collect information from children, please review the Federal Trade Commission's Children's Online Privacy Protection Act (COPPA) guidance.