Children’s Privacy Notice
Effective Date: August 2, 2022
Country: Brazil, China, Germany, France, Japan, Korea, Mexico
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”) General Data Protection Regulation (“UK GDPR”). The GDPR sets the age at which parental consent is required by default at under 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 the age at which parental consent is required as under the following ages (“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, the GDPR and the UK GDPR. For more information about COPPA and general tips about protecting children’s online privacy, please visit the Federal Trade Commission’s website.
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, Terms of Use, 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 a section is directed to children, but not exclusively so, (a “Mixed-use” service) we may, consistent with COPPA, GDPR, or the UK GDPR, 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, to the extent that we collect or use personal information about children in the U.S., we are not obligated to age screen users if our uses of the personal information do not require verified parental consent under COPPA. In such cases, our practices comply with other applicable provisions of COPPA. For the avoidance of doubt, to the extent that we collect personal information about a child online, those online services do not allow children to make the information available to the public.
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 instances, we intend to comply with any applicable legal requirements that may be in addition to or otherwise different from COPPA.
2. Surveys
Most of our direct surveys, focus groups or other market research studies (“Research”) are not directed at children. In some instances, however, we may carry out Research specifically designed to obtain the opinions of children.
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 with the GDPR, the UK GDPR, and, as the case may be, national requirements, including without limitation obtaining 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 share 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.
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 with COPPA, including without limitation regarding verified parental consent where required.
3. Parental Choices and Controls
Our online services are directed predominantly to adults. When a section of our online services are directed to children, we will collect parental consent using COPPA-compliant or, as the case may be, UK or EEA member state, verification methods prior to collecting personal information/data. Parental consent will be required where a child is under 13 years of age or, as the case may be, the EEA/UK Age of Digital Consent. The parent will then be asked to pass control of the online service to their child.
Alternatively, instead of obtaining verified parental consent prior to passing control of the online services from the parent to the child, we may 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 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.
4. 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. We will not collect or require a child to share more personal information than us reasonably necessary to participate in an activity or Research.
Notwithstanding anything to the contrary in our more general privacy policy, we will only share personal information/data collected from children in a limited number of instances as permitted by COPPA and other applicable laws, including the following:
- Service Providers. We may share personal information/data with our service providers if necessary for them to perform certain permitted internal operations functions for us.
- Legal Process. We may share 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, we also may share 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) to enable us to take precautions against liability.
- Research Clients. For Research, to Research Clients, 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 Clients as explained in our Research Privacy Notice, the applicable Research consent, and the parental notice. Research Clients will process the information only in connection with conducting the Research, and will not further use or share the information.
- Other Uses. 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.
5. Operator Details and How to Contact Us
You can contact us at:
Marketcast Privacy Inquiries
5900 Wilshire Blvd, 27th Floor
Attn: Legal Department
In some cases a Research Client 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 Client will be co-operators (or controllers under GDPR), in which case both our and the Clients’ 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.