FTC Puts Kids’ Smart Watch Companies in Time Out for COPPA Violation

by Mintz Levin - Privacy & Security Matters
Contact

Answering the centuries’ old question, it appears it is the Federal Trade Commission (“FTC”) that watches the watchmen. The FTC sent warning letters to a pair of foreign app developers cautioning them that their practices of collecting children’s geolocation data without parental consent may be in violation of the Children’s Online Privacy Protection Act (“COPPA”). The letters warned China-based Gator Group Co. Ltd. and recently-defunct Sweden-based Tinitell, Inc. that companies targeting U.S. children must comply with U.S. privacy laws regardless of where they are based. The FTC also sent copies of the warning letters to the Apple App Store and the Google Play Store, which make the apps available to consumers. While the apps give parents peace of mind by enabling them to track their children’s location to ensure they are safe, that benefit is negated when parents are not aware that that information is being collected and stored in a way that enables others to access that same data.

The two companies produce similar smartwatch device and app combinations marketed toward children. Gator Group advertises an app and device called the “Kids GPS” Gator Watch, which it markets as a “child’s first cell phone.” It collects the child’s name, can track the child, and allows the parent or guardian to set an alarm for when the child leaves a geo-fenced “safe zone.” Tinitell’s app was “designed for kids, with calling and smart location features,” and connects to the phone, which is worn like a watch by a child, and can locate the child, call the child, and add contacts. Although Tinitell is no longer manufacturing or selling devices, its devices will remain functional through September 2018.

The warning letters accused both companies of violating the COPPA Rule, which implements COPPA and requires companies directed to children that collect this type of personal information to, among other things, provide direct notice and obtain verifiable parental consent before collecting, using, or disclosing children’s data. Companies that collect personal information from children must also take reasonable measures to secure that information. The FTC alleged that a review of both companies’ online practices revealed that they appear to collect precise geolocation data from children under 13 years of age, without providing notice of their collection practices to parents or seeking verifiable parental consent before collection. The FTC encouraged the companies to review and reassess their online data collection practices and reminded the companies that COPPA obligations attach not just at the time of purchase, but are ongoing while products or services remain in circulation.

COPPA requires that parents have a clear picture up-front of how their children’s data is being collected and used. It was enacted in 2000 to address the rapid growth of online marketing techniques targeting children, and broadened in 2013 to bring geolocation data, photographs, and other forms of sensitive personal information within its scope.

The letters from the FTC highlight the reach of COPPA and the importance of compliance, even for foreign-based websites and online services that avail themselves to U.S. markets. The FTC provides resources to help companies meet their COPPA obligations, and experienced Mintz Levin attorneys are also available to provide guidance and ensure compliance.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Mintz Levin - Privacy & Security Matters | Attorney Advertising

Written by:

Mintz Levin - Privacy & Security Matters
Contact
more
less

Mintz Levin - Privacy & Security Matters on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.