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The Children’s Online Privacy Protection Act of 1998 (COPPA), which took effect April 21, requires Web site and online service operators that are covered by COPPA to, with few exceptions, obtain verifiable parental consent before collecting and using certain personal information concerning children under the age of 13. The method for obtaining consent is determined by the intended use of the information and the areas of a site accessible to a child; the more extensive the intended use, the greater the level of verifiable consent that is required. If a child’s information will be used only by the site collecting the information for its own internal purposes, the following notice, with variations as required, may be used: Dear Parent or Guardian: Your child has visited our web site at www.xyz.com (the (�Site’) and has requested to participate in certain activities on or through our Site. Pursuant to the Children’s Online Privacy and Protection Act of 1998, we are required to obtain your consent prior to collecting personally identifiable information from your child. Our registration form, which must be completed in order to participate in activities on the Site, asks for [name, address, telephone number, e-mail address]. The information obtained through registration will be used for internal purposes only, and will not be made available to third parties. We will not collect more information than is reasonable necessary to allow your child to participate in activities available on or through our Site. Your child would like: � To register as a member with our site. � A copy of our newsletter. You may grant consent to any or all of the above activities by simply replying back to this e-mail, inserting the word “yes” in the subject line and listing those activities to which you consent in the body. Following our receipt of your reply, we will send you a follow-up notice confirming the information in your reply. If you do not respond to this message we will assume that you have not consented, and your child will not be able to participate in the Site, wanting to register or participate in our activities, we will provide you with a new opportunity to consent. We will also contact you if we make any material changes to our intended use of your child’s information. Please visit our privacy policy available at www.xyz.com/ privacy for more information about our online information collection and use practices. Note that in this case, parental consent may be obtained through a return e-mail, provided the operator subsequently verifies that the e-mail was indeed sent by a parent. Web site operators should consult COPPA for their specific needs. Stefania Geraci is an associate with Brown Raysman Millstein Felder & Steiner LLPin New York. This sample clause is intended to serve solely as an exemplar and may need to be modified to conform to the legal requirements of your jurisdiction. It in no way constitutes legal advice.

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