Children’s Privacy Notice

Effective Date:  September 3, 2021 

MarketCast LLC and MarketCast UK Limited (collectively with their affiliates “Company” or “we,” “our” or “us”) operate online services that are general audience services and do not knowingly collect “personal information” as defined by the Children’s Online Privacy Protection Act (“COPPA”) from children under the age of 13 (“child” or “children”), except as may be permitted by COPPA and explained in this Children’s Privacy Notice.  If you are a parent or guardian and believe that we have collected such personal information other than as permitted by COPPA, please contact us as noted below.  Occasionally, we may have special sections of our services that are intended for children, in whole or in part.  In such cases, this Children’s Privacy Notice shall apply.

This Children’s Privacy notice also applies to personal data of children in relation to information society services as this is defined under Article 8 of the General Data Protection Regulation (“GDPR”) for the European Economic Area (“EEA”) or the United Kingdom (“UK”) Data Protection Act 2018 (“UK DPA”). GDPR sets the age at under which parental consent is required by default at 16 years but each country may set a lower age provided it is not below 13 years.

EEA and UK national law have currently set age at under which parental consent is required as follows (“EEA/UK Age of Digital Consent”):  Austria: 14; Belgium: 13; Bulgaria: 14; Croatia: 16; Cyprus: 14; Czech Republic: 15; Denmark: 13; Estonia 13; Finland: 13; France:  15; Germany: 16; Greece: 15; Hungary: 16; Iceland: 13; Ireland: 16; Italy: 14; Latvia 13; Liechtenstein: 16; Luxembourg: 16; Lithuania:14; Malta: 13; Norway:13; Poland: 16; Slovakia: 16; Slovenia: 15; Spain: 14; Sweden: 13; The Netherlands: 16; and  UK: 13. The terms “child” or “children”, used herein will also refer to a child under the relevant age of such countries as may be applicable.

This Children’s Privacy Notice explains our information collection, disclosure, and parental consent practices with respect to personal information provided by children, and for EEA/UK data subjects under the EEA/UK Age of Digital Consent about them.  This Children’s Privacy Notice is in accordance with COPPA and GDPR and the UK DPA.  For more information about COPPA and general tips about protecting children’s online privacy, please visit the Federal Trade Commission’s website at https://www.ftc.gov/faq.

In some circumstances additional terms, conditions and notices may apply to users that have not reached the age of majority where they reside, and this may vary by territory.  Refer to our  Privacy Policy, Research Privacy Notice, and any other posted or provided terms or notices (e.g., research consent forms) for more information.

  1. Children’s and Mixed Use Sections of Our Services

Although we are a general audience service, we may from time-to-time have special sections intended, in whole or in part, for children.  Where such section is directed to children, but not predominantly so, (a “Mixed-use” service) we may, consistent with COPPA, or GDPR,  or the UK DPA, age screen users and treat users based on their self-reported age.  Sections of our online services directed predominantly to children will assume all users are children, absent verification otherwise using COPPA’s verified parental consent methods, and if also applicable UK or EEA member state consent methods.  However, as far as the U.S. are concerned we need not use that process if our uses of the information we collect do not require verified parental consent under COPPA.  In such cases, we still intend to comply with the other provisions of COPPA.

In the event that we become aware that we have collected personal information/data from any child online without the requisite parental consent required by applicable law, we will dispose of that information, or otherwise treat it in accordance with COPPA and other applicable laws and regulations.  If you are a parent or guardian and you believe that your child under the age of thirteen (13) or, as the case may be, the EEA/UK Age of Digital Consent, has provided us with personal information/data, please contact as set forth in Section 5 below.

From time-to-time we may make services available to persons that have not reached the age of majority where they reside.  In such instance, we intend to comply with any applicable legal requirements that may be in addition to or otherwise different from COPPA.

  1. Surveys

It is our general practice not to direct surveys, focus groups or other market research studies (“Research”) we conduct to children. In some cases, our Research may ask questions like whether you have children and the ages of those children. We may then ask you to have your child respond to you with regard to certain questions and ask you to input the responses before you finish taking the survey.  Such questions are not directed to children and therefore not subject to COPPA or article 8 of the GDPR or the corresponding requirements of the UK DPA.  However, in such case after reaching the age of EEA/UK Digital Consent the child is granted the same rights to refuse to permit us to collect further personal data, and can request that we correct it or delete from our records the personal data we have collected as well as can request access to, change, or delete personal data about him or her, by contacting us as noted in Section 5 below. To the extent that we collect personal information directly from a child in the U.S. online, this Children’s Privacy Notice will apply and we will comply COPPA, including without limitation regarding verified parental consent where required.  To the extent that we collect personal data directly from a child in the EEA or the UK, this Children’s Privacy Notice will apply and we will comply GDPR, the UK DPA, and, as the case may be, national requirements, including without limitation regarding verified parental consent where required. When we request such consent in connection with Research we will provide a link to our Research Privacy Notice to detail our Research data practices, and we will note any applicable additional practices with regard to personal information/data for which consent to collect, use and disclose is sought.  Participating in the Research, and permitting your child to answer questions, is completely voluntary, and we will handle all personal information/data collected consistent with our Research Privacy Notice, the applicable Research consent and the parental notice.

  1. Parental Choices and Controls

Sections of our online services directed predominantly to children will assume all users are children, absent verification otherwise using COPPA’s verified parental consent methods or, as the case may be, UK or EEA member state consent methods.  We will similarly obtain verified parental consent using COPPA-compliant or, as the case may be, UK or EEA member state, verification methods if we desire to collect personal information/data from a user of a Mixed-use section of our online services that has indicated that they are under 13 years of age or, as the case may be, the  EEA/UK Age of Digital Consent, for a purpose that requires verified parental consent.  In either case, where we need to seek consent or give notice to the parent(s) or guardian to comply with COPPA or other applicable laws, we may collect the contact information of a parent from the child in order to contact the parent(s) or guardian(s).  When we need a parent’s (or, possibly, both parents) or guardian’s verifiable consent prior to other collection, use, or disclosure of personal information/data collected from that child the notice will:

  • state that we have collected the parent’s contact information from the child (if applicable), and, if such is the case, the name of the child or the parent, in order to obtain the parent’s or guardian’s consent;
  • state that the parent’s consent is required for the further use or disclosure of such personal information/data, and that we will not further use or disclose such personal information/data from the child if the parent or guardian does not provide such consent;
  • include a description of what further personal information/data we will collect from children in the case(s) for which we are seeking parental consent, including whether we enable children to make personal information/data publicly available, how we will use such personal information/data, and our disclosure practices for such personal information/data including for Research the names of the Research sponsor(s) that will receive survey-related personal information/data, or how we will provide that prior to sending them the applicable Research results, and what personal information/data they will receive. If the Research sponsor or other third party is a co-operator of the applicable service that will be explained and their name and contact information will be included no later than prior to our disclosure to them of the Research results concerning your child.  In addition to these case-specific disclosures, we will include a hyperlink to our online notices of information practices (i.e., our Privacy Policy and this Children’s Privacy Notice, and if applicable our Research Privacy Notice and an applicable Research consent);
  • explain the available means by which the parent(s) or guardian(s) can provide verifiable consent to the collection, use, and disclosure of the child’s personal information/data; and
  • state that if the parent(s) or guardian(s) do(es) not provide consent within a reasonable time from the date the direct notice was sent, we will delete the contact information collected from the child (if any) from our records.

We may also provide other notices to parents or guardians where something less than verified parental consent is required.  Those notices will include the information required by COPPA and other applicable laws.

At any time, parents or guardians can refuse to permit us to collect further personal information/data from their children, and can request that we delete from our records the personal information/data we have collected in connection with those children.  Parents or guardians can request access to, change, or delete their child’s personal information/data by contacting us as noted in Section 5 below. To protect children’s privacy and security, we will take reasonable steps to help verify a parent’s identity before granting access to any personal information/data.

After reaching the EEA/UK Age of Digital Consent, the child will have the possibility at any time to withdraw the consent him-or-herself, can refuse to permit us to collect further personal data, and can request that we delete from our records the personal data we have collected as well as can request access to, change, or delete data about him or her, by contacting us as noted in Section 5 below.

  1. Personal Information Collected From Children And/Or Made Available To Others

We may collect personal information/data from children as set forth in our Privacy Policy and this Children’s Privacy Notice, and if applicable our Research Privacy Notice and Research consent as will be more specifically detailed in an applicable parental notice.

Notwithstanding anything to the contrary in our more general privacy policy, we will only share or disclose personal information/data collected from children in a limited number of instances as permitted by COPPA and other applicable laws, including the following:

  • We may share personal information/data with our service providers if necessary for them to perform certain permitted internal operations functions for us.
  • We may disclose personal information/data if permitted or required by law in the country where the data subjects are located at the time of collection of data (and/or by the GDPR as applicable), for example, in response to a court order or a subpoena. To the extent permitted by applicable law (as which is the law of  the country where the data subject are located at the time of collection of data (and/or by the GDPR as applicable), we also may disclose personal information/data collected from children (i) in response to a law enforcement or public agency’s (including schools or children services) request; (ii) if we believe disclosure may prevent the instigation of a crime, facilitate an investigation related to public safety or protect the safety of a child using our sites or applications; (iii) to protect the security or integrity of our sites, applications, and other technology, as well as the technology of our service providers; or (iv) enable us to take precautions against liability.
  • For Research, to Research sponsors, as set forth in our Research Privacy Notice.  By taking a survey or participating in other Research, or permitting your child to do so, you are directing us to provide Survey-related personal information/data to Research sponsors as explained in our Research Privacy Notice, the applicable Research consent, and the parental notice.
  • As otherwise explained in the notice to parent at the time consent was sought, or as otherwise permitted or required by COPPA, or as the case may be GDPR or the UK DPA or other applicable law.
  1. Operator Details and How to Contact Us

You can contact us at:
Marketcast Privacy Inquiries
5900 Wilshire Blvd, 27th Floor
Attn: Legal Department
privacy@marketcast.com

In some cases a Research sponsor may be the “operator” of the Survey-related online service and we will merely be its service provider (and data processor as defined under GDPR), in which case its privacy policy and children’s privacy notice will be posted and apply to its practices.  Review those documents for their data practices and contact information.  In other cases we and the Survey sponsor will be co-operators (or controllers under GDPR), in which case both our and the sponsors’ will be identified as co-operators and both of our privacy notices will be posted.  In either case the notice to you seeking parental consent will specify whom the operator(s) / controller(s) is/are.

//End Children’s Privacy Notice//