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Can I offer contests that involve push notifications in California? What are the requirements?
Requirements for Offering Contests with Push Notifications in California
If you are offering contests that involve push notifications in California, you must comply with the Children’s Online Privacy Protection Act (COPPA). COPPA requires operators of websites or online services that are directed to children under 13 years of age, or have actual knowledge that they are collecting personal information from children under 13 years of age, to obtain verifiable parental consent before collecting, using, or disclosing personal information from children.
According to the Federal Trade Commission (FTC), if you want to combine online contact information collected from a child with other personal information, you cannot rely on the exception that allows you to send push notifications without parental consent. Instead, you must provide parents with direct notice and obtain verifiable parental consent prior to sending push notifications to the child [1].
Therefore, if you are offering contests that involve push notifications and your website or online service is directed to children under 13 years of age, or you have actual knowledge that you are collecting personal information from children under 13 years of age, you must obtain verifiable parental consent before sending push notifications to the child.
If you have further questions about whether your content is directed to children under 13 years of age, you may consider contacting an attorney or consulting one of the COPPA Safe Harbor programs, which are self-regulatory groups that offer guidance on how operators can comply with the law [1].
Source(s):
Jurisdiction
California