Pillsbury Winthrop Shaw Pittman LLP 

2300 N Street, NW I Washington, DC 20037-1122 I tel202.663.8000 1 fax 202.663.8007 

June 27, 2013 

DonaldS. Clark. Secretary 

Federal Trade Commission 

RoomH-113 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

Lauren Lynch Flick 

tel202.663.8166 

lauren.l ynch. flick@pills bury law. com 

Re: REQUEST FOR CONFIDENTIAL TREATMENT 

Dear Mr. Clark: 

Pursuant to the Children's Online Privacy Protection Act Final Rule 

announced on December 19, 2012, and on behalf of Privacy Vaults Online, Inc. d/b/a 

PRIVO, a previously approved Commission Safe Harbor Program provider, I am 

submitting herewith PRIVO's complete Membership Agreement, including at Exhibit 

Bits revised Privacy Assurance Program Guidelines, and its Self-Evaluation Form. 

It is respectfully requested that the Membership Agreement itself, Exhibit 

F thereto, and the Self-Evaluation Form be kept confidential and not made part 

of the public record. 

A redacted copy for public disclosure is also provided. 

The Membership Agreement is a private agreement dealing primarily with 

compensation of the Safe Harbor, the use of the Safe Harbor's trademarks, and the 

Safe Harbor's business method. The Self-Evaluation Form reflects the Safe Harbor's 

proprietary business process and is essential to the Safe Harbor's business operations. 

Release of these documents to the public would substantially hinder the Safe Harbor's 

ability to offer its unique service and put it at a competitive disadvantage in an 

increasingly competitive market. The Safe Harbor considers these documents to be 

trade secrets and protectable from disclosure under FOIA. 

www.pillsburylaw.com 
June 27, 2013 

Page2 

Should the Commission require additional information, please do not hesitate 

to communicate with the undersigned. 

Enclosure 

www.pillsburylaw.com 

Respectfully submitted, 

{.~n Lynch Flick 

PRIVO FTC filing letter.docx 
PHI 

PRIVACY ASSURANCE PROGRAM 

MEMBERSHIP AGREEMENT 

® Confidential and Proprietary 

REDACTED 
Confidential and Proprietary 

EXHIBITS 

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Confidential and Proprietary 

EXHIBIT A 

1. Online Service Name: : -----------------------

URL: ______________________________ __ 

2. Online Service:----------------------

URL: __________________________________________ _ 

3. Online Service:----------------------

URL: __________________________________________ _ 

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Confidential and Proprietary 

EXHIBITB 

Privacy Assurance Program Guidelines 

Program Requirements for the Collection, Use, and 

Disclosure of Information from Children 

Since August 2004, the Federal Trade Commission has authorized PRIVO to administer this Privacy Assurance 

Program (the "Safe Harbor") to provide protections for Children, through a self-regulatory mechanism, that 

are substantially the same as or greater than those provided by Sections 312.2 through 312.8 and 312.10 of 

the Commission's Children's Online Privacy Protection Rule (16 C.F.R. Part 312) ("Rule") implementing the 

Children's Online Privacy Protection Act, 15 U.S.C. § 6501 et seq. ("COPPA"), as amended. 

The following principles are designed to assure that the participants in the Safe Harbor program ("Members") 

establish and maintain data Collection activities and privacy practices that comply with the Rule and 

additionally are consistent with industry best practices and capable of evolving as new technologies, 

capabilities and threats emerge. These Guidelines guide PRIVO in its determinations as to the fitness of 

proposed Members for inclusion (or retention) in the Safe Harbor and must be formally adopted and honored 

by Members as provided in the Membership Agreement. All capitalized terms used herein that are not 

otherwise defined have the meaning given to them in the Membership Agreement. 

The Safe Harbor is available to the Operator of any Online Service of any nature, including websites, games, 

applications, features, plug ins, platforms, widgets or similar services and properties, regardless of whether 

the Online Service is Directed to Children, Directed to Children but Attracts a Mixed Audience, Not Directed 

to Children, Not Directed to Children but has Actual Knowledge that it is Collecting Personal Information from 

a site that is Directed to Children or from a Child, or Not Directed to Children but associated with AgeRestricted Goods and Services. As a baseline, Members must comply with the Rule which prohibits unfair or 

deceptive acts or practices in connection with the Collection, use, Release, and/or Disclosure of Personal 

Information from and about Children on the Internet. In addition, Members must implement each of the nine 

Requirements described below, unless it is noted that certain Requirements are not applicable to the 

Member's type of Online Service. 

Members whose Online Services are deemed to be compliant with these Requirements must display the 

appropriate PRIVO Seal. Members whose Online Services are found to be non-compliant are subject to the 

enforcement and sanction procedures described in Requirement 9 hereof. 

Requirement 1: Self-Evaluation; Privacy by Design Principles 

On an on-going basis, each Member must analyze, including through the use of PRIVO self-assessment 

collateral and cooperation with PRIVO's independent analyses of, the functionality of its Online Service and 

its practices with respect to the Collection, Disclosure, Release,- use and safeguarding of information 

regarding Children under 13 years of age (or of all minors at the option of the Member), including any 

business objectives that underlie those practices. The goals of such analysis include (i) assessing the extent 

to which Children comprise the audience of the Online Service; (ii) assessing the extent to which the Online 

Service Collects, uses, Releases, or Discloses Personal Information of Children; (iii) assessing the extent to 

which Third Parties Collect, use, Release, or Disclose Personal Information of Children through the Online 

Service; (iv) assessing the appropriateness of any age-screening mechanisms; (v) assessing the 

appropriateness of any Parental verification methods and notices employed by Member, or applicability of 

any exception to stated Parental verification methods to Member's Online Service; (vi) assuring that the 

Member does not Collect, use, Disclose or Release more information than is reasonably necessary to conduct 

its online activities; (vii) assuring that Member and any Third Party Operators associated with Member's 

Online Service adequately safeguard information Collected, including Deleting Personal Information when it is 

no longer reasonably necessary to fulfill the purposes for which it was Collected and to take precautions 

against Disclosure or Release of such information when Deleting it; and (viii) assuring that the Member's 

practices are otherwise in conformity with prevailing generally-accepted privacy principles. Members must 

incorporate privacy protections into the initial design of their Online Services, and each revision, add-on or 

additional feature added to the Online Service thereafter. Finally, through on-going self-assessment, 

Members are expected to partner with PRIVO in identifying new or evolving marketing or information 

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Confidential and Proprietary 

practices in the online industry to determine whether they present equivalent risks to those which currently 

require the giving of notice or securing of Parental consent, as well as evolving methods of Parental 

verification that have the promise of providing protections equivalent to those enumerated herein. 

Requirement 2: Appropriate Use of Age-Screening, Blocking 

A Member whose Online Service is deemed to be Directed to Children, based on the assessment undertaken in 

Requirement 1, shall comply with Requirements 1 through 9 hereof. (312.3) 

A Member whose Online Service is deemed to be Directed to Children but Attracts a Mixed Audience may 

implement a Neutral Age-Screen prior to Collecting any Personal Information. Such an Online Service must 

comply with Requirements 1 through 9 hereof with respect to those Users who self-identify as being Children. 

In addition, such Members must ensure that, although a self-identified Parent establishes an account for a 

Child, the Member receives appropriate consent under Requirement 5 for Collecting, using or Disclosing any 

Personal Information associated with the Child account. Finally, such Members must not use the Neutral AgeScreen to block Children from participation in the Online Service. (312.2) 

A Member whose Online Service is deemed to be Not Directed to Children must comply with Requirements 1, 

2 and 3 hereof only, except that, if the Member receives Actual Knowledge that it is Collecting Personal 

Information from a Child, it must comply with Requirements 1 through 9 with respect to that Child, or may 

implement procedures to block that Child from interacting further with the Online Service or those portions 

of it that involve the Collection, Use or Disclosure of Personal Information. (312.3). 

A Member whose Online Service deals with Age-Restricted Goods and Services must comply with 

Requirements 1, 2 and 3 hereof and additionally must display the PrivoBlocklM seal, except that, if the 

Member receives Actual Knowledge that it is Collecting Personal Information from a Child, it must implement 

procedures to block that Child from interacting further with the Online Service. 

Requirement 3: Online Disclosure of Information Privacy Practices 

Members must post a prominent Link that is clearly labeled Privacy Policy or such similar notice that Links the 

User to a description of the Member's information Collection, use, and Disclosure practices. (312.3(a), 

312.4(d)). In the case of an Operator of an Online Service other than an Online Service Directed to Children, 

the Link must Link the User to the portion of the Privacy Policy that addresses the Member's information 

practices specific to Children. In addition, Members must post their Privacy Policy or provide a Link to it in 

any application store or similar platform that offers the capability of doing so. 

The Privacy Policy Link must be plainly visible on the homepage, or landing page in the case of an 

application, and, for an Online Service that is Directed to Children, at each location where Personal 

Information is Collected from Children and in close proximity to the requests for information in each such 

area. If only a portion of an Online Service is Directed to Children, the Privacy Policy Link must be plainly 

visible on the first page of the Children's section of the Online Service, and Link the User to the portion of 

the Privacy Policy specific to Children. 

Privacy Policies must be clear and understandable, and should not contain unrelated, contradictory, or 

confusing material. Privacy Policies must describe the following information: 

A. Member Contact Information: Members must include their complete contact information, as well as 

that of any other Operators that Collect or maintain Personal Information from Children through the 

Online Service. Such information must include the Operator's name, mailing address, telephone 

number, and email address. In cases where more than one company is deemed to be an Operator of 

the Online Service Directed to Children, the Member may choose to respond to all inquiries from 

Parents concerning each of the identified Operators' privacy policies. In such case, the Member's 

Privacy Policy need only list the names of all persons or companies Collecting Personal Information 

through the Online Service. 

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Confidential and Proprietary 

B. Tvoes of Personal Information Collected: Members must describe the types of Personal Information 

Collected and state whether the Online Service enables the Child to make Personal Information 

publicly available. 

C. Use of Personal Information: Members must describe how Personal Information is used. 

D. Disclosure of Personal Information: Members must state whether Personal Information is Disclosed to 

Third Parties. 

E. Access to Information: Members whose Online Services are Directed to Children must state that 

Parents can review the Child's Personal Information, have such information Deleted, and refuse to 

permit further Collection or use of the Child's Personal Information. Members must also indicate the 

procedures that the Parent must follow to access their Child's Personal Information. 

Requirement 4: Direct Notice to Parents 

Members whose Online Services are Directed to Children must make reasonable efforts in light of available 

technology to ensure that a Parent of a Child receives notice of the Member's information Collection, use, 

and Disclosure practices with regard to Children, including notice of any material change in the Collection, 

use, or Disclosure practices to which the Parent had previously consented. (312.4) Except for certain 

circumstances described under Requirement 5D below, Members must meet the requirements described 

above and obtain prior verifiable parental consent before they are allowed to Collect Personal Information 

from Children. 

Direct Notices to Parents must be clear and understandable, and should not contain unrelated, contradictory, 

or confusing material. The contents of the Direct Notice to Parents will vary depending on the context which 

requires the giving of the Direct Notice. 

A. Where Member Must Obtain Parent's Affirmative Consent to the Collection, Use or Disclosure of a 

Child's Personal Information: (i) the Member must state that it has Collected the Parent's Online 

Contact Information from the Child (and the Child or Parent's name if it has Collected that 

information) for the purposes of obtaining the Parent's consent under COPPA; (ii) the Member must 

state that the Parent's consent is required for the Collection, use, or Disclosure of Personal 

Information from the Child, and that Member will not do so if the Parent does not give consent; (iii) 

the Member must state what additional items of information it intends to Collect from the Child, as 

well as potential opportunities for the Disclosure of Personal Information if the Parent gives its 

consent; (iv) the Member must provide a Link to its Privacy Policy; (v) the Member must provide the 

method(s) by which a Parent may give such consent; (vi) the Member must state that it will Delete 

the Parent's Online Contact Information if the Parent does not provide the consent in a reasonable 

period of time. (312.4(c)(1 )) 

B. Voluntary Notice to Notify Parent of a Child's Participation In An Online Service That Does Not 

Collect, Use or Disclose Children's Personal Information: (i) the Member must state that the Member 

has Collected the Parent's Online Contact Information from the Child to provide notice and 

subsequent updates to the Parent of the Child's participation in the Online Service, which does not 

otherwise Collect, use or Disclose Personal Information; (ii) the Member must state that the Parent's 

Online Contact Information will not be used or Disclosed for any other purpose; (iii) the Member must 

state that the Parent may refuse to permit the Child's participation and require Deletion of the 

Parent's Online Contact Information and how to do so; (iv) the Member must provide a Link to 

Member's Privacy Policy. (312.4(c)(2)) 

C. Where Member Intends to Communicate With the Child Multiple Times: (i) the Member must state 

that it has Collected the Child's Online Contact Information from the Child to provide multiple online 

communications to the Child; (ii) the Member must state that it has Collected the Parent's Online 

Contact Information from the Child to notify the Parent that the Child has registered to receive 

multiple online communications from the Member; (iii) the Member must state that the Online 

Contact Information Collected from the Child will not be used for any other purpose, Disclosed or 

combined with any other information Collected from the Child; (iv) the Member must state that the 

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Confidential and Proprietary 

Parent may refuse to permit further contact with the Child and require Deletion of the Parent's and 

Child's Online Contact Information, and how to do so; (v) the Member must state that if the Parent 

does not respond to the Direct Notice to Parent, the Member may use the Child's Online Contact 

Information for the purpose stated in the Direct Notice to Parent; (iv) the Member must provide a 

Link to its Privacy Policy. (312.4(c)(3)) 

D. Where Member Has Collected Personal Information to Protect a Child's Safety: (i) the Member must 

state that the Member has Collected the name and Online Contact Information of the Child and the 

Parent to protect the safety of a Child; (ii) the Member must state that the information will not be 

used or Disclosed for any other purpose; (iii) the Member must state that the Parent may refuse to 

permit the use and require Deletion of the information and how to do so; (iv) that if the Parent fails 

to respond to the Direct Notice to Parent, the Member may use the information for the purpose 

stated in the Direct Notice to Parent; (v) the Member must provide a Link to Member's Privacy Policy. 

(312.4(c)(4)) 

Requirement 5: Prior Verifiable Parental Consent 

A. Generally: Members must obtain verifiable Parental consent before any Collection, use, or Disclosure 

of Personal Information from Children. Members must also obtain such consent to any material 

change in the Collection, use, or Disclosure practices to which the Parent has previously consented. 

(312.5(a)) 

B. Method for Obtaining Verifiable Parental Consent: To comply with Requirement 5, Members must 

obtain prior verifiable Parental consent by a method that is reasonably calculated, in light of the 

available technology, to ensure that the person providing consent is the Child's Parent. (312.5(b)) 

Methods to obtain prior verifiable Parental consent include: (i) providing a consent form to be signed 

by the Parent and returned to the Member by postal mail, facsimile or electronic scan; (ii) requiring 

the Parent to use a credit card, debit card or other online payment system that provides notice of 

each discrete transaction to the primary account holder in connection with a monetary transaction; 

(iii) having a Parent call a toll-free telephone number staffed by trained personnel or connect to such 

personnel via video-conference; (iv) verifying the Parent's identity by checking a form of government 

issued identification against databases of such information, provided that Member Deletes the 

Parent's information promptly after the verification is made; (v) using the PrivolocklM System; or (vi) 

any other method deemed to be at least as reliable as the methods enumerated herein. 

Members must give the Parent the option to consent to the Collection and use of the Child's Personal 

Information without consenting to Disclosure of that information to Third Parties. 

C. Circumstances in Which An "Email" Coupled with Additional Verification Steps Provide Adequate 

Assurance that the Person Giving Consent is the Child's Parent: Members that do not Disclose 

Children's Personal Information may secure Parental consent by contacting the Parent via the 

Parent's Online Contact Information Collected from the Child, coupled with additional steps to 

provide assurances that the person providing consent is the Child's Parent. Additional steps may 

include: (i) sending a confirmatory email after receipt of Parent's consent in response to the original 

email; (ii) obtaining a postal address or telephone number from the Parent and confirming the 

Parent's consent after its receipt through a letter or telephone call using the information Collected 

from the Parent; (iii) using the PrivolocklM System. Members using this method must also provide 

notice to the Parent that the Parent can revoke its consent given in response to the original email. 

Members are expected to partner with PRIVO in analyzing the availability and reliability of other 

"additional steps" that develop over time in response to technological or other developments and 

implement additional steps in consultation with PRIVO that appear to offer protections beyond those 

identified herein. (312.5(b)(2)(vi)) 

D. Exceptions to Verifiable Parental Consent: Even though verifiable Parental consent is required under 

most situations before a Member is permitted to Collect, use, or Disclose a Child's Personal 

Information, there are situations in which a Member will be allowed to Collect some Personal 

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Confidential and Proprietary 

Information before obtaining consent from the Child's Parent. The exceptions to prior verifiable 

Parental consent are as follows: 

Required Parental Consent - Members may Collect the first name or Online Contact Information of a 

Child or Parent to be used for the sole purpose of obtaining the required Parental consent. If a 

Member has not obtained Parental consent after a reasonable time from the date of the information 

Collection, the Member must Delete such information from its records. Members that Collect name or 

Online Contact Information from a Child under this exception must provide the Direct Notice to 

Parent described in Requirement 3. (312.4(c)(1 )) 

Voluntary Notice and Updates to Parent Regarding Child's Participation in an Online Service that 

Does Not Otherwise Collect, Use, or Disclose Persona/Information - Members may Collect a Parent's 

Online Contact Information to provide the voluntary Direct Notice to Parent described in Requirement 

3. Members may not use or Disclose the information for any other purpose. (312.4(c)(2)) 

• One-Time Request- Members may Collect a Child's Online Contact Information from the Child for the 

sole purpose of responding directly, on a one-time basis, to a specific request from the Child. 

Members that Collect the Child's Online Contact Information from a Child under this exception must 

not use the information to re-contact the Child after the initial response and must Delete the Child's 

Personal Information. Direct notice is not required under this exception. (312.4( c)(3)) 

Multiple Requests - Members may Collect a Child's Online Contact Information from a Child to be 

used to respond directly more than once to a specific request from the Child so long as the 

information is not used for any other purpose, Disclosed, or combined with any other information 

Collected from the Child. Members that obtain the Child's Online Contact Information from a Child 

under this exception must also collect the Online Contact Information of the Child's Parent and 

provide the Direct Notice to Parent in Requirement 3. (312.4(c)(3)) 

Child Safety - Members may Collect the Child's and Parent's first name and Online Contact 

Information to protect the safety of a Child, provided such information is not used or Disclosed for 

any other purpose. Members that obtain the Online Contact Information from a Child under this 

exception must provide the Direct Notice to Parent in Requirement 3. (312.4(c)(4)) 

• Additional Safety Concerns- Members may Collect a Child's first name or Online Contact Information 

to protect the security or integrity of its Online Service, to take precautions against liability, to 

. respond to judicial process, or to provide information to law enforcement agencies or investigations 

on matters related to public safety so long as the information is not used for any other purpose. 

Direct Notice to Parent is not required under this exception. (312.4(c)) 

• Collection Limited to Persistent Identifier - Members may Collect a Persistent Identifier and no other 

Personal Information in two situations: (i) the identifier is used solely for Support of Internal 

Operations; or (ii) the Member's Online Service is not itself Directed to Children but has Actual 

Knowledge that it is Collecting information from Users of another Online Service that is Directed to 

Children, the User whose Persistent Identifier is Collected affirmatively interacts with the Member, 

and the User's previous registration with the Member indicates that the User is not a Child. Members 

relying upon this exception must specifically address their practices with regard to the Collection of 

Persistent Identifiers in their assessment under Requirement 1. (312.5(c)(7), (312.5(c)(8)) 

Activities that are currently identified as providing Support for Internal Operations are: (i) 

maintaining or analyzing the functioning of the Online Service, (ii) performing network 

communications; (iii) authenticating Users of, or personalizing the content on, the Online Service; (iv) 

serving contextual advertising or capping the frequency of advertising; (v) protecting the security or 

integrity of the User or Online Service; ensuring legal or regulatory compliance; and (vi) fulfilling a 

request by the Child under the One-Time Request and Multiple Request Exceptions in Requirement 50 

above. (312.2) 

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Confidential and Proprietary 

Requirement 6: Access and Review 

Members must provide Parents with the ability to access and review their Child's Personal Information. 

Parental review and access must consist of: (a) a description of the types or categories of Personal 

Information Collected from the Child by the Member and by other Operators on Member's Online Service; (b) 

the opportunity at any time to refuse to permit further use or Collection of Personal Information from the 

Child by the Member and to direct that the Personal Information Collected by the Member be deleted; (c) a 

means of reviewing any Personal Information Collected by the Member; and (d) a means of contacting any 

other Operator that Collected Personal Information from a Child through Member's Online Service in order to 

direct such Operator to provide access to, refuse further use or Collection of, or delete the Child's Collected 

Personal Information. (312.6) 

In providing the ability for a Parent to access and review their Child's Personal Information, Members must 

take reasonable steps to ensure that the individual requesting access is the Child's Parent and to ensure that 

the process is not unduly burdensome for Parents. Acceptable steps for authenticating the identity of the 

individual online include a username and password unique to the individual or, if access is requested over the 

telephone, asking a series of questions that only a Parent of the Child would have knowledge of (e.g., 

Parent's name, mailing address, email address, Child's name, Child's email address, etc.) 

Requirement 7: Restrictions on Information Collection 

Members are prohibited from conditioning a Child's participation in an activity on the Child's Disclosing more 

Personal Information than is reasonably necessary to participate in such activity. (312.7) 

Requirement 8: Confidentiality, Security and Integrity of Information 

Members must establish and maintain reasonable procedures to protect the confidentiality, security, and 

integrity of Personal Information collected from Children, including (i) implementing internal security 

measures that protect the confidentiality of the Child's Personal Information and protect such information 

from loss, misuse, unauthorized access, or improper disclosure, and (ii) only Releasing a Child's Personal 

Information to Third Parties who have given reasonable assurances of their ability to similarly protect such 

information from loss, misuse, unauthorized access, or improper disclosure. These practices must be 

included in the Member's self-evaluation pursuant to Requirements 1 and 9, and must address the required 

data protection practices of any Third Parties with which the Member contracts. If requested by PRIVO, 

Members must make appropriate IT personnel available for interview and permit on-site inspection of 

Member's practices. Members must not retain information longer than reasonably necessary. (312.8) 

Requirement 9: Compliance/Enforcement 

A. Program Representative: Members must appoint a program representative for the Online Service. 

The program representative shall be the individual responsible for overseeing the Online Service's 

compliance with the Privacy Assurance Program. The program representative shall be given the 

authority to investigate all inquiries concerning the Online Service's Privacy Policy and information 

practices and in a timely manner. 

B. Initial, Quarterly and Annual Audits: As set forth in Requirement 1, Members must conduct an 

evaluation of their Online Service's information Collection, use, and Disclosure practices. Each 

Member will be required to complete and attest to the accuracy of the statements they make on a 

proprietary PRIVO self-evaluation form about their information practices. Once PRIVO receives the 

self-evaluation form, a PRIVO representative will independently review the Online Service's posted 

privacy policy, information practices, and the self-evaluation form for compliance with the Program 

Requirements. PRIVO will issue an Observations and Findings Report, review it with the proposed 

Member, and identify any modifications necessary to bring the Online Service into compliance with 

the Rule and Program Requirements. Once the Member's Online Service is determined to be in full 

compliance with the Program Requirements, it will then be listed as a Member participating in the 

Privacy Assurance Program. Members are required to complete a certification form quarterly 

identifying any additional features or changes in practices that have occurred since the Online Service 

was last certified/audited by PRIVO. Members are also required to complete a comprehensive self· 

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Confidential and Proprietary 

evaluation form on an annual basis to ensure that their Online Service's information practices are 

consistent with their posted privacy policies and the Program Requirements. Outside of these 

mandated review processes, Members are encouraged to contact PRIVO whenever making revisions to 

their operations or adding features to their Online Service as part of their on-going self-assessment 

required under Requirement 1. 

C. Compliance Monitoring: Members must submit to monitoring of their Online Service's information 

practices. The purpose of monitoring reviews is to ensure that a Member's Privacy Policy is consistent 

with its Online Service's information practices, the Program Requirements, and evolving best 

practices in the industry. The compliance monitoring will be conducted at least annually, or more 

frequently in response to any changes identified on the Member's quarterly certification form. In 

addition, Members must also submit to periodic, unannounced reviews of their Online Service. These 

unannounced reviews will be used to further verify that the Member remains in full compliance with 

the Program Requirements. 

If PRIVO determines that a violation of the Requirements has occurred, the Member is informed of 

such violation and the corrective actions that must be taken to bring the Member's Online Service 

into compliance. Failure to take the corrective actions can result in a number of consequences 

including removal from the Privacy Assurance Program and referral to the appropriate governmental 

agency. 

D. Consumer Complaints/Monitoring: Members must provide the Parent and the Child with reasonable 

and effective means to submit complaints that they may have about the Member's information 

practices. The Privacy Assurance Program also offers the Parent and the Child with the opportunity to 

submit complaints about any Member directly to PRIVO. A PRIVO representative responds to all 

complaints immediately. Members must agree to work with PRIVO representatives in their efforts to 

resolve all complaints that are submitted to the Privacy Assurance Program. 

Members must maintain records for a period of three (3) years of all complaints, concerns, or 

inquiries received about its Online Service and any responses to the consumer addressing such 

complaint or concern. 

E. Membership Agreement: Members must execute the Privacy Assurance Program Membership 

Agreement. As part of this Agreement, Members agree to comply with the Program Requirements at 

all times. In the event that a Member fails to meet any of its obligations under the Membership 

Agreement, such actions would constitute a material breach of the Agreement and its membership in 

the Privacy Assurance Program would be terminated, if not cured as provided in the Membership 

Agreement. 

F. Investigations/Referral to Governmental Agencies: If PRIVO determines, after a thorough 

investigation into the Member's information practices, that a Member is materially violating its 

posted Privacy Policy or any of the Requirements described above without remedy following a period 

of notice and opportunity to cure, PRIVO will refer such Member to the Federal Trade Commission for 

possible unfair and deceptive trade practices. 

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GLOSSARY 

1.1 "Actual Knowledge" means that knowledge that an Online Service that is Not Directed to Children 

receives when (a) a child-directed content provider advises the Online Service of the content provider's childdirected nature, or when a representative of the general audience Online Service recognizes the childdirected nature of the content provider's Online Service; or (b) a Child, Parent, legal guardian or advocate on 

their behalf provides direct evidence of the Child's age such as its date of birth, age, grade in school to the 

Operator. 

1.2 "Age-restricted Goods and Services" means products or services that are generally not considered 

appropriate for Children such as tobacco, alcohol, financial, gambling, adult/mature-themed products or 

services. 

1.3 "Child" or "Children" means User(s) who are 12 years of age or younger. 

1.4 "Collect" or "Collection" means gathering Personal Information from a Child in any way, including (a) 

requesting, prompting or encouraging Personal Information be submitted online; (b) allowing a Child to make 

Personal Information publicly available in an identifiable form IF the Operator does not take reasonable steps 

to delete all or virtually all Personal Information from a posting and its records before posting; (c) passive 

online tracking. 

1.5 "Delete" means to remove Personal Information in a manner that it is no longer retrievable in the 

normal course of business. 

1.6 "Directed to Children" means an Online Service or a portion thereof that (a) is targeted to Children 

(based on its subject matter, visual content, 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, language or other characteristics of the Online Service, as well as whether advertising 

promoting or appearing on the Online Service is directed to Children, or competent and reliable empirical 

evidence of audience composition and intended audience composition) and Children are its primary intended 

audience; or (b) has Actual Knowledge that it is Collecting Personal Information from a Child. 

1. 7 "Directed to Children but Attracts a Mixed Audience" means an Online Service that is otherwise 

Directed to Children but (i) Children are NOT its primary intended audience, (ii) the Online Service does not 

Collect Personal Information before employing a Neutral Age-Screen, and (iii) the Online Service complies 

with Requirements 4 and 5 of these Guidelines with respect to any self-identified Child. 

1.8 "Direct Notice" means the information provided under Requirement 4 to a Parent regarding the 

practices of an Online Service with respect to Collecting, Disclosing, Releasing, and safeguarding the Personal 

Information of a Child, but does not include the Privacy Policy as posted to the Online Service or any 

application store. 

1. 9 "Disclose" or "Disclosure" means to Release Personal Information Collected from a Child in 

identifiable form for any purpose other than Support of Internal Operations, or make Personal Information 

Collected from a Child publicly-available in identifiable form by any means. 

1.10 "Effective Date" has the meaning set forth in the preamble to the Membership Agreement. 

1.11 "Internet" means the interconnected world-wide network of networks. 

1.12 "Guidelines" means the Privacy Assurance Program Guidelines or set of principles designed to assure 

that Members establish and maintain data Collection activities and privacy practices that comply with the 

Rule and.which guide Privo in determining the fitness of proposed Members for inclusion (or retention) in the 

Program. 

1.13 "Link" means a hypertext link or an icon on a page on an Online Service, that a User can select and 

activate from a computer or other device by mechanical means such as a mouse, other pointing device, or 

17 
Confidential and Proprietarv 

key, and whose activation automatically causes the Online Service's system to give the User access to another 

page on the Online Service or to another Online Service, without additional steps or additional input from the 

User. 

1.14 "Mark" has the meaning set forth in the preamble to the Membership Agreement. 

1.15 "Member" has the meaning set forth in the preamble to the Membership Agreement. 

1.16 "Neutral Age Screen" means a method of requesting age information that permits Children to 

accurately provide their age and does not encourage Children to falsify their age. An example of a Neutral 

Age Screen is asking the Child to enter their date of birth without any restriction, including allowing them to 

enter any year of birth beginning with the current year. 

1.17 "Not Directed to Children" means an Online Service that is not targeted to Children. 

1.18 "Online Contact Information" means an identifier that permits online contact with a person, such as 

an email address, user ID for a service that permits direct contact such as VOIP, IM or video chat services. 

1.19 "Online Service" means a service that is available over the Internet or that connects to the Internet 

or a wide-area network, including a webpage or website, virtual world, social networking service, desktop 

software applicati.on, mobile or other application, Internet-enabled gaming platform, voice-over-IP service, 

Internet-enabled location based service, plug in, ad network, analytics service, platform, widget or other 

service that allows for playing network-connected games, engaging in social media activities, purchasing 

goods and services online, receiving behaviorally targeted advertising, or interacting with other content. 

1.20 "Operator" means (a) any person or entity that maintains an Online Service (other than an Online 

Service that operates solely on an intrastate basis) that is operated for commercial purposes and that Collects 

or maintains Personal Information from or about Users of that Online Service; (b) the person or entity for 

which Personal Information is collected or who offers products or services for sale through the Online Service; 

or (c) any Third Party Online Service that has Actual Knowledge that it is collecting Personal Information from 

an Online Service Directed to Children. 

1.21 "Parent" means a biological, foster, adoptive or other legal guardian of a Child; and/or a school or 

educational institution that has been granted the authority to act on behalf of any of the aforementioned for 

the purpose of providing such consent as is needed for the Child's use of the Member's Online Service; 

and/or any other adult to whom any of the aforementioned has delegated the duty to manage the consent 

process relating to the Child generally. 

1.22 "Persistent Identifier" means a code that can be used to recognize a User or device over time and 

across different Online Services. Examples include a cookie, IP address, processor or device serial number, or 

unique device identifier. 

1.23 "Personal Information" means information that is Collected online and identifies an individual User or 

device, including (a) first AND last name; (b) home or other physical address including street name and name 

of city or a postal code that on its own provides a similar level of information; (c) Online Contact Information; 

(d) other screen or User name if it functions like Online Contact Information; (e) telephone number; (f) Social 

Security Number; (g) Persistent Identifier; (h) photograph, audio or video file that contains the image or voice 

of a Child; (i) geolocation information sufficient to identify name of street and city or town; (j) any other 

information Collected online from the Child about the Child or Parent and is combined with Personal 

Information listed in this definition. 

1.24 "Privacy Policy" means a privacy policy or statement that informs Users about Member's online 

information practices, including its information practices with regard to Children, as appropriate, and that is 

to be implemented and published by the Member as provided for in the Program Requirements. 

1.25 "Privo" has the meaning set forth in the preamble to the Membership Agreement. 

1.26 "Program" has the meaning set forth in the preamble to the Membership Agreement. 

18 
Confidential and Proprietary 

1.27 "Program Requirements" has the meaning set forth in the preamble to the Membership Agreement. 

1.28 "Release" means to share, sell, rent, or transfer Personal Information to any Third Party. 

1.29 "Support for Internal Operations" means activities necessary to facilitate functioning of the Online 

Service but do not involve using or Disclosing information to contact a specific individual including through 

behavioral advertising, amass a profile on a specific individual or any other purpose. Such activities include: 

(a) maintaining/analyzing functioning of the Online Service; (b) performing network communications; (c) 

authenticating Users; (d) personalizing content to Users; (e) serving contextual advertising; (f) frequency 

capping; (g) protecting security/integrity of Online Service; (h) ensuring legal compliance; (i) fulfilling a onetime request from the Child, or to contact the Child multiple times, when prior Verifiable Parental Consent is 

not required under Requirement 5D. 

1.30 "Third Party" means any person or entity that is not an Operator, or who provides Support for 

Internal Operations and does not Use or Disclose Personal Information for any other purpose. 

1.31 "User" means a Child, the Parent of a Child, or legal guardian of a Child who accesses the Online 

Service. 

19 
Confidential and Proprietary 

EXHIBITC 

PRIVO® Privacy Assurance Program (PPAP) 

Certification Seal Logic 

The PRIVO® Privacy Assurance Program (PPAP) (Membership Agreement section 2.4(a)) requires Members to 

place the PRIVO Seal and associated text on the Member's homepage, the mobile app landing page, within 

the mobile app store if available, on any point within the site or app that prompts for data collection or 

sharing, and within the PPAP paragraph within the Member's Privacy Policy. The Member must choose one 

Seal from each of the two rows shown below. NOTE: The seals do not have to correspond to each other, 

except for the PRIVO APProved Seal. The Click to Verify Seals are intended to take the consumer from the 

Member's Privacy Policy to the PRIVO hosted certification page. 

The logos will be delivered in EPS format with transparent backgrounds so that the Member can incorporate 

them into the site and/or app regardless of the background color of the individual pages. (If you would like 

another format please let us know by sending an email to support®PRIVO. com with "Logo Request" in the 

subject line). 

The first row of images is the privacy certified seal choices. Members should display one of these images on 

the home page and on every page leading to kids' involvement (e.g., join pages or other pages where 

information is collected). In the case of mobile apps using the PRIVO APProved Seal, the placement should 

be in the landing page and at any point within the app that prompts for data collection or sharing. This image 

must link to the Member's privacy policy. Minimum Size Restriction: 95 x 40 px 

The second row of images is the "Click to Verify" certification seal choices. Members should display one of 

these images in the Privacy Policy located within or adjacent to the paragraph describing the Member's safe 

harbor participation (see paragraph below). The Mobile APProved Seal, is an automatic "Click to Verify" 

seal. When the user clicks on one of these seals, they must be directed to a certification URL provided to 

Member by PRIVO. Minimum Size Restriction: 132 x 56 px 

The following Header and Paragraph must be included in Member's Privacy Policy: 

PRIVO®'s Privacy Assurance Program 

[COMPANY NAME] is a licensee of the PRIVO® Privacy Assurance Program ("the Program"). [INSERT RIGHTALIGNED <IMG> TAG HERE] As a participating member in the Program, [COMPANY NAME] adheres to the strict 

information collection, use and disclosure requirements. PRIVO is an independent, third-party organization 

committed to safeguarding children's personal information collected online. PRIVO aims to help parents and 

their children exercise control over personal information while exploring the Internet. The certification seal 

posted on this page indicates that [COMPANY] has established COPPA compliant privacy practices and has 

agreed to submit to PRIVO's oversight and consumer dispute resolution process. If you have questions or 

concerns about our privacy practices, please contact us at [COMPANY'S PHONE NUMBER] or 

privacy®[COMPANY NAME].com. If you have further concerns after you have contacted us, you can contact 

PRIVO directly at privacy®privo.com. 

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Confidential and Proprietary 

EXHIBITD 

PROGRAM REPRESENTATIVE: 

Designated Program Representative: 

Program Representative's Telephone Number: 

Program Representative's Email Address: 

Program Representative's Mailing Address: 

21 
Confidential and Proprietary 

EXHIBITE 

COMPLIANCE COORDINATOR: 

Designated Compliance Coordinator: 

Compliance Coordinator's Telephone Number: 

Compliance Coordinator's Email Address: 

Compliance Coordinator's Mailing Address: 

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