Effective Date: July 1, 2013
Last Updated Date: April 8, 2014
COPPA requires that we inform parents and legal guardians about how we collect, use, and disclose personal information from children under 13 years of age; and that we obtain the consent of parents and guardians in order for children under 13 years of age to use certain features of our Services. Below we explain how we do that for these children. (Also, when we use the term “parent” below, we mean to include legal guardians. It’s just easier to say the one word!)
A Note about the Children’s Online Privacy Protection Act. (COPPA): As of July, 2013, COPPA laws changed to widen the definition of children’s personal information to include persistent identifiers such as cookies that track a child’s activity online, as well as geolocation information, photos, videos, and audio recordings.
In addition, the COPPA law now requires that website collecting such information from children under 13 acquire Verifiable Parental Consent before doing so. While the FTC accepts several different methods of collecting VPC, KidzVuz, in conjunction with Veratad, a leading age and Identity Verification company, asks for a either the last four digits of an adult guardian’s Social Security Number, a signed and scan downloadable consent form, or a photo of a valid US Driver’s License or other government issued photo ID.
NOTICE: Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting kids’ privacy online.
If you have any questions or concerns regarding these documents or any of our practices or policies, please contact the operators of the Services at firstname.lastname@example.org.
Table of Contents
- Non-Personal Information We Automatically Collect About You
- Personal Information We Collect About You
- Your California Privacy Rights
- How We Use Personal Information
- Links to Other Sites
- Disclosure of Your Information
- Data Security and Integrity
- Transfer and Storage of Data
- ESRB Privacy Certified Program
Even if you do not register with KidzVuz, we collect Non-Personal Information about your use of our Services via the following:
2. Non-Personal Information We Automatically Collect About You
B. Web Beacons. We also use “web beacons” to collect anonymous information about your use of our Services and the websites of selected sponsors and advertisers, your use of emails, special promotions and/or newsletters we may send to you. Web beacons are tiny graphic image files embedded in a web page or email that provide a presence on the web page or email and send back to its home server information from the user’s browser. The information collected by web beacons allows us to statistically monitor how many people are using our Services, visiting selected sponsors’ and advertisers’ websites, opening our emails, and for what purposes. Our web beacons are not used to track your activity outside of our Services. We do not link Non-Personal Information from web beacons to Personal Information without your permission.
C. Traffic Data. We automatically track and collect the following categories of information when you visit our Site: (1) IP addresses; (2) domain servers; (3) types of computers accessing the Site; (4) types of web browsers used to access the Site; (5) referring source which may have sent you to the Site; and (6) other information associated with the interaction of your browser and the Site (collectively “Traffic Data”). We do not link Non-Personal Information from Traffic Data to Personal Information without your permission.
3. Personal Information We Collect About You
“Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as: name, address, email address, phone number, visual or audiovisual files containing your image, audio files containing your voice, persistent identifiers that recognize users over time and across different websites or online services, IP address, or geolocation information. We do not consider Personal Information to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual.
The Service collects Personal Information:
- when you register;
- during use;
- when you communicate with the Service; and
- from other users.
A. Registration. In order to access certain areas of the Site and use certain Services, we require you to register and provide us with certain Personal Information. Anyone under the age of 18 must obtain the permission of his/her parent or guardian before registering with the Services, required in our Terms of Service. For anyone younger than 13 (referred to herein as a “child”), A PARENT MUST GRANT PERMISSION FOR THE CHILD’S USE AND COMPLETE THE REGISTRATION PROCESS FOR THE CHILD. To create an account on the Services, the parent of the child can initiate the child’s account creation by providing the child’s user name/display name, password, age and birthday, gender, state or province, and the parent’s email address. Providing of a child’s email is optional, and will only be used for password reset and general site-wide alerts pending parental consent.
When we receive a request to register for the Services, we will email the parent to provide our COPPA Notice to disclose what information we have already collected, that we intend to allow the child to have limited Services access that requires no further personal information and does not allow for any potential disclosure of personal information, and that we will retain the parent email address to administer the child’s account for this limited Services access including password recovery and future request for parent consent. A parent can opt out of this limited Services access.
Personal Information includes data, such as a parent’s first and last name, e-mail address, telephone number, a child’s first and last name, mailing address, email address or SMS address, as well as photos, videos or audio recordings of a child– these will only be collected once we have obtained Verifiable Consent by the parent. The child’s age and birth date, username and password, hobbies and interests, and user generated content may be combined with the registration data.
Before making any further use of the parent email address and before collecting any information that would allow the Services to interact directly with your child, we will require the parent’s verifiable consent. To provide parental consent, a parent must print out and sign our Consent Form and mail the form to: 244 5th Avenue, Suite 2250, New York, N.Y. 10001
Or Fax the Form To: 1-801 730 9006
Or, email a scanned copy of the form to members(at)KidzVuz(dot)com.
Or, provide the last four digits of their social security number,
or submit a photo of a government issued photo id. (These last two methods are administered by Veratad, our age and identity verification partner.)
Children may not use the Services before we receive and process this verifiable parental consent. If we determine that a user of our Services is younger than 13 and we have not received a Consent Form from this child’s parent, we will take steps to delete all or virtually all Posted Content (as defined in the Terms of Service) posted by the user and take reasonable technical measures to delete all or virtually all stored user information about this child from our records, in compliance with applicable laws. NO CHILD WILL BE ABLE TO POST VIDEOS WITHOUT VERIFIABLE PARENTAL CONSENT.
If a parent opts in to our Star Reviewer Program, we will also ask for the parent’s mailing address, which shall be used for internal purposes only and will not be made publicly available on the Services.
We do not require child members to disclose more information than is reasonably necessary to interact with the Services. We use the Personal Information that you provide to offer you with the specific Services you select, respond to your questions, send you emails about maintenance and updates and for internal marketing research purposes.
KIDZVUZ DOES NOT SHARE, SELL, RENT OR TRADE THE PERSONAL INFORMATION OF ITS USERS WITH ANY THIRD PARTIES FOR THEIR PROMOTIONAL PURPOSES without obtaining explicit consent from such users or, in the case of users under 18, their parents (with such consent to be granted via our Uploading Agreement http://www.kidzvuz.com/legalese/submissionupload-agreement/.
B. Posted Content. Some of our Services allow users to provide us with Posted Content (as defined in the Terms of Service [link]), including text or videos containing product reviews and user comments. By definition, if a video you upload include a child’s identifiable likeness or image, you are providing us with Personal Information. KidzVuz employs various technical and managerial measures, including filters and live moderation, to ensure that other than the child’s image, voice and likeness, Posted Content does not disclose Personal Information. Nonetheless, if you or your child chooses to provide Posted Content to the Services and in so doing, to disclose Personal Information, you should be aware that such information could be viewed, read, collected or used by other users. We are not responsible for the accuracy of the Personal Information you or your child choose to disclose in Posted Content.
D. Email Notifications. We may use your contact data to send you information about the Services and/or to contact you when necessary and in conjunction with your use of certain Services. In some cases, when you click on a link in an e-mail, your browser may be momentarily directed to the Site of a third party which, acting on behalf of KidzVuz (see Section 6 below), notes or “counts” your response to the e-mail before re-directing your browser to your selected destination; this re-direction process may not be apparent to you.
E. Updating Personal Information
Parents may update their and their child’s Personal Information at any time by logging into their account and clicking on the “My Hive ” link.
F. Parental Review of Children’s Personal Information
Any parent of a child who is registered as a member of KidzVuz may contact KidzVuz at any time and request to review his /her child’s Personal Information, ask to have it deleted and/or refuse to allow any further collection or use of their child’s Personal Information by KidzVuz. To request any of the above, please send KidzVuz an e-mail at: members@kidzvuz(dot)com (with “Parental Review Request” in the subject line of the message), which includes the following:
- your child’s first name and last initial, username and password;
- your first and last name;
- your e-mail address;
- a statement detailing your exact request (i.e ., whether you would simply like to review your child’s Personal Information, if you would also like it deleted from our servers, and/or whether you would like us to prohibit your child from re-registering with the Services and/or providing us with any further Personal Information at a later date); and
- a statement by you, certifying that you are the parent or legal guardian of the child whose information you are requesting ;
KidzVuz will respond to all such requests, informing the parent of its compliance with his /her request,as soon as is commercially practicable , but typically within 3 business days.
In order to access your child’s videos, simply search your child’s KidzVuz user name on the site, click on the avatar, then click on “Reviews.” All of your child’s video reviews will be easily accessible.
4. Your California Privacy Rights
Under the California “Shine The Light” law, California residents may opt-out of our disclosure of Personal Information to third parties for their direct marketing purposes. If you have given us permission to share your Personal Information for third parties for marketing purposes, you may choose to opt-out of this sharing of your Personal Information with third parties for marketing purposes at any time by submitting a request to us. It is important to note that this opt-out does not prohibit disclosures made for non-marketing purposes. To make such a request, please email us at: members (at)kidzvuz(dot)com or contact us via postal mail at: Kidzvuz, LLC., 244 5th Avenue, Suite 2250, New York, N.Y. 10001
5. How We Use Personal Information
We use Personal Information to:
- facilitate and improve the Service;
- provide marketing and advertising with parental consent; and
- communicate with you.
A. Internal and Service-Related Usage. We use information, including Personal Information, for internal and service-related purposes and may provide it to third parties. We may use and retain any data we collect to make and provide improvements.
B. Communications. We may send email to the email address you provide to us to verify your child’s account and parental consent thereto, and for informational and operational purposes, such as account management, customer service, or system maintenance. We may also email you in response to activity on the Service, such as when someone comments on a post you made, follows you, or sends you a message.
C. Marketing. We may use information, including Personal Information, to enable advertising and marketing, including to others both online and through other means; however KIDZVUZ DOES NOT SHARE, SELL, RENT OR TRADE THE PERSONAL INFORMATION OF ITS USERS WITH ANY THIRD PARTIES FOR THEIR PROMOTIONAL PURPOSES without obtaining such users’ explicit consent thereto (or for users under 18, the consent of their parents, via the Uploading Agreement).
D. Monetizing Information. Because the Service is offered for free, we collect and use information to make all of the functionalities of the Service possible. We may sell aggregated, anonymized information to third parties or permit advertising to you by third parties based upon your Personal Information.
You may opt out of receiving certain marketing materials from KidzVuz, such as newsletters. To do so, you will need to adjust the privacy settings for your account on the Service or decline to receive such marketing materials if and when provided the opportunity to opt out.
E. We May Disclose Your Information
We may disclose Personal Information:
- with third-party service providers;
- to comply with legal obligations;
- to protect and defend our rights and property or the safety of other users; and
- with your permission.
The sites with whom we share this information include:
Veratad – A leader in online identity protection, Veratad is Verifiable Parental Consent mechanism. Veratad only keeps parents’ personal information long enough to verify their identity.
YouTube – Some videos are hosted on YouTube, after having been screened by our staff for safety and suitability.
Jumpstart- Some videos may be syndicated to a player on JumpStart.com, a COPPA compliant site.
H. Displaying to Other Users. The content you post to the Service may be displayed on the Service. Other users may be able to see some information about you, such as videos that you have posted. We are not responsible for privacy practices of the other users who will view and use the posted information you choose to make available on or through the Service.
I. Marketing. We do not rent, sell, or share your Personal Information with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission. We may, however, allow access to other data collected by the Service to enable the delivery of online advertising on and through the Service, or otherwise facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you. For example, we may target advertising towards you based upon your Personal Information without sharing your Personal Information with a third party. If you respond to such advertising, then the third party may deduce that you meet certain characteristics (e.g., you are a woman between the ages of X and Y). In all cases, KidzVuz may market its services to you directly.
J. As Required By Law and Similar Disclosures. We may access, preserve, and disclose your Personal Information, other account information, and content if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena; respond to your requests; or protect yours’, ours’ or others’ rights, property, or safety.
We may also disclose your Personal Information with your permission.
6. Links to Other Sites
7. Disclosure of Your Information
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Services.
If you agree to the collection and use of your child’s information; however, you object to our disclosure of your child’s information to third parties under any circumstances, you may notify us of your objection by emailing us at: members(at)kidzvuz(dot)com or via postal mail at: Kidzvuz LLC, 244 5th Avenue, Suite 2250, New York, N.Y. 10001.
We will honor all requests not to share a child’s information with any third parties; however, doing so, may limit your child’s ability to access certain areas of the Site and/or use certain of the Services.
8. Data Security and Integrity
The security and confidentiality of your information is extremely important to us. We use robust security measures to protect user information from loss, misuse and alteration. We use industry-standard practices such as encrypted communications, physically secured rooms, firewalls and password protection systems to safeguard the confidentiality of your personal information. We will notify users of a data breach involving unencrypted personal information by email or by posting a notice on the affected website. We also strive to limit access to personal information to employees performing a legitimate business function. We review our security procedures periodically to consider appropriate new technology and updated methods. Despite our efforts, no security measure is ever perfect or impenetrable.
If you no longer wish to receive emails from KidzVuz, you may opt-out of receiving them by following the instructions included in each email, or by emailing us at: members(at)kidzvuz(dot)com, or via postal mail at: KidzVuz, LLC 244 5th Avenue, Suite 2250 New York, N.Y. 10001.
10. Transfer and Storage of Data
12. ESRB Privacy Certified Program
KidzVuz is a participant in the ESRB Privacy Certified Program As part of participating in the program, KidzVuz’ adherence to the strict information collection, use and disclosure requirements of the FTC’s COPPA laws is regularly reviewed and evaluated by the ESRB..
The certification seal posted on this page indicates that KidzVuz has established privacy practices and has agreed to submit to ESRB Privacy Certified Program’s oversight and consumer dispute resolution process. If you have any questions regarding our relationship with the ESRB, You may also contact ESRB Privacy Certified via email at email@example.com, or via regular mail at ESRB Privacy Certified, Attn: Vice President, Privacy Certified, 317 Madison Avenue, 22nd Floor, New York, NY 10017
If you need further assistance, please send an e-mail with your questions or comments to PRIVACY(at)KidzVuz(dot)com or write us at:
244 5th Avenue, Suite 2250
New York, N.Y. 10001
Telephone: (212) 579 9171
© 2014 KizVuz, LLC – All rights reserved.