Santa.com Kids Privacy Notice
We at Santa.com are dedicated to protecting your privacy and handling any personal information we obtain from you with care and respect. This Kids Privacy Notice is designed to answer your questions regarding our privacy policies and principles regarding children under the age of 13 who use our Web site located at http://www.santa.com (the "Site").
Building on our general Privacy Policy (http://www.santa.com/privacy), we recognize the need to provide additional privacy protections when children visit the Site. We explain those additional protections here in this Kids Privacy Notice ("Kids Policy"). For your convenience, this Kids Policy uses terms that are defined in our general Privacy Policy. Where our general Privacy Policy conflicts with this Kids Policy, this Kids Policy shall govern. Otherwise, the terms of our general Privacy Policy shall apply in full.
The Children's Online Privacy Protection Act ("COPPA") requires that we (a) inform parents and legal guardians about how we collect, use and disclose personal information from children under 13 years of age, and (b) obtain the prior verifiable consent of parents and guardians in order for children under 13 years of age to use certain features of the Site. When we discuss "kids" in this Kids Policy, we mean children under 13 years of age. When we use the term "parent" in this Kids Policy, we mean to include legal guardians.
This Kids Policy covers the following questions:
Q1. What types of personal information do we collect about kids?
Q4. How can parents access, change or delete personally identifiable information about their kids?
Q5. How will we notify parents if our Kids Policy changes?
Q7. Who do guests contact with questions or concerns about our Kids Policy?
Q1. What types of personal information do we collect about kids?
A1. This Kids Policy uses the terms "personally identifiable information" and "personal information" synonymously. When we use either, we mean information that specifically identifies a particular individual, such as the individual's name, telephone number, email address or postal address, and any demographic or other information about a user, such as gender, birth date or a user's number of children, when such information is directly associated with personally identifiable information. Personal information does not include "aggregate" information, which is data we collect about a group or category of products, services or customers, from which individual customer identities have been removed. In other words, information about how you use a service may be collected and combined with information about how others use the same service, but no personal information will be included in the resulting data.
Kids can surf the Site and view sample content without any personal information being collected. We do not collect personal information from kids unless they register on the Site, with prior verifiable parental consent as described in Section A3 below, except that in accordance with applicable law, we may (a) collect a kid's name and email address to the extent reasonably necessary to protect the safety of a child participant on the Site, to protect the security or integrity of the Site, to take precautions against liability, to respond to judicial process or to provide information to law enforcement agencies or for an investigation on matters related to public safety, and (b) collect a child's email address to respond to certain specific requests of a child (such as requesting a subscription to an online newsletter), provided that in certain circumstances we may be required to notify parents that we have collected such information and give parents the opportunity to request that we make no further use of such information. The child's name and his or her parent's email address may also be collected in order to obtain parental consent. The process by which we obtain a parent's consent to the collection of information on the Site is discussed in A3 below.
The only personal information we collect from kids during our registration process is a kid's first name, email address, birth date, parent's e-mail address, and password. We require that kids provide their birth dates prior to being allowed to register in order to validate the ages of our guests, including kids. We may also collect a kid's e-mail address from a parent for the purpose of sending the kid e-mail related to a subscription or other service on the Site. Note that all sites that are directed to children under 13 are prohibited by law from conditioning a kid's participation in an online activity on the kid's providing more personal information than is reasonably necessary.
If kids participate in certain features located on the Site now or if the future, such as chat rooms, instant messaging, sending e-mail, posting on message boards or forums and other similar interactive activities (the "Interactive Activities"), such kids may also provide us with additional personal information about himself or herself in connection with such Interactive Activities. Parents and kids should note that any information that kids post to message boards or other Interactive Activities will be accessible by the public or by other users of the Interactive Activities and could be used to send the kid, or anyone else identified in the information posted by the kid, unsolicited messages. Kids should not post any personally identifiable information, including, without limitation, names, phone numbers, or email addresses, in connection with any Interactive Activities, and parents should talk to their children about not posting personal information in connection with their participation in Interactive Activities on the Site.
Please see the "Non-Personal Identification Information" section of our general Privacy Policy to learn about information that is passively collected on our Site through technology such as cookies.
Q2. How do we use and share the personally identifiable information that we have collected about kids?
A2. We use personal information from kids to complete transactions requested by them, to provide customer services, to customize and develop our products or services, to respond to questions, problems or complaints, to request feedback, to send administrative communications and promotional materials (including special offers and promotions), and for other specified purposes for which the personal information was provided and any purpose relating thereto.
We do not share any personal information about a kid with any third parties other than (a) to third-party service providers and consultants who assist us in performing internal functions in connection with the operation of our business, who do not retain, share, store or use personally identifiable information for any other purposes (b) in connection with mergers and business transfers as set forth in our general Privacy Policy, and (c) disclosures required by law and to help protect the security and safety of the Site, as set forth in our general Privacy Policy.
We do not currently share personal information with third parties except for the reasons set forth above. In the event our policies change, parents will have the right to consent to our collection and use of personal information from their child without also consenting to our disclosure of such information to third parties (except for disclosures to third parties who provide support for the internal operations of the Site and who do not use or disclose that information for any other purpose). Parents will be given the opportunitiy to exercise this right by indicating their intention to do so when providing their consent to their kid's registration (as described below in Section A3).
Q3. How do we notify and obtain consent from parents for the collection of information from their kids?
A3. Except as outlined in Section A1, we do not collect personal information from kids unless they register on the Site with prior verifiable parental consent as described below. If a kid attempts to register and indicates his or her age is under 13, we will inform the kid that verifiable parental consent is required before he or she may register, and ask the kid to provide us with his or her parent's email address so that we may contact them to request consent.
We will then send an email to the parent's email address requesting verifiable consent to the child's registration. Specifically, the e-mail will include a link to a page encrypted with a unique, unguessable ID, that sets forth our notice to parents of our practices regarding use, collection and disclosure of personal information about kids ("Notice to Parents"). The parent will be required to review the terms of the Notice to Parents, and choose to either allow or prevent creation of an account using the kid's personal information collected by Santa.com, as outlined in the Notice to Parents, and as set forth in Section A4 below, by clicking on "GRANT" or "DENY". We will retain the kid's first name and email address for a reasonable time to allow the parent to identify the kid and consent to the kid's registration. If the parent refuses to allow the kid's registration, we delete the account and the kid's information from our database. If the parent takes no action within 96 hours, we delete the kid's information from our database.
Q4. How can parents review, change or delete personal information collected from their kids?
A4. Parents have the right to review and have deleted from our records personal information collected from their child. Further, at any time parents may refuse to permit us to collect further personal information from their kid(s). We use two methods to allow parents to access, change, or delete the personally identifiable information that we have collected from their kids. A parent can access, change, or delete his or her kid's personal information by logging on to the kid's account. The parent will need to have his or her kid's email address and password. The login page contains instructions explaining how to recover a password if the kid has forgotten it. A parent can also contact us to access, change, or delete the personal information that we have collected from his or her kid by sending an e-mail to privacy@santa.com Please include the kid's email address and the parent's e-mail address in the e-mail so that we can better assist you with your inquiry or request.
Q5. How will we notify parents if our Kids Policy changes?
A5. We may amend our this Kids Policy at any time. We will provide parents notice by e-mail of any material changes in the way we intend to collect, use, and/or share Kids personal information. Please note that, at all times, parents should update their personal information to provide us current e-mail addresses. We will apply material changes in our Kids Policy only in conformance with applicable law, including any applicable provisions of COPPA that require parental consent.
Q6. What kinds of security measures do we take to safeguard your personally identifiable information?
A6. The security measures for the Site are described in the "Security" section of our general Privacy Policy.
Q7. Who do guests contact with questions or concerns about our Kids Policy?
A7. If you need further assistance, please send an e-mail with your questions or comments to privacy@santa.com. You may also send a letter to the following address:
Santa.com
50 West San Fernando Street, Suite 320
San Jose, California 95113
(Last Updated: December 3, 2007.)
