§ 6501. Definitions
In this chapter:
(2)
Operator
The term “operator”—
(A)
means any person who operates a website located on the Internet or an online service and who collects or maintains personal information from or about the users of or visitors to such website or online service, or on whose behalf such information is collected or maintained, where such website or online service is operated for commercial purposes, including any person offering products or services for sale through that website or online service, involving commerce—
(B)
does not include any nonprofit entity that would otherwise be exempt from coverage under section
45 of this title.
(4)
Disclosure
The term “disclosure” means, with respect to personal information—
(A)
the release of personal information collected from a child in identifiable form by an operator for any purpose, except where such information is provided to a person other than the operator who provides support for the internal operations of the website and does not disclose or use that information for any other purpose; and
(B)
making personal information collected from a child by a website or online service directed to children or with actual knowledge that such information was collected from a child, publicly available in identifiable form, by any means including by a public posting, through the Internet, or through—
(6)
Internet
The term “Internet” means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio.
(8)
Personal information
The term “personal information” means individually identifiable information about an individual collected online, including—
(9)
Verifiable parental consent
The term “verifiable parental consent” means any reasonable effort (taking into consideration available technology), including a request for authorization for future collection, use, and disclosure described in the notice, to ensure that a parent of a child receives notice of the operator’s personal information collection, use, and disclosure practices, and authorizes the collection, use, and disclosure, as applicable, of personal information and the subsequent use of that information before that information is collected from that child.
(10)
Website or online service directed to children
(B)
Limitation
A commercial website or online service, or a portion of a commercial website or online service, shall not be deemed directed to children solely for referring or linking to a commercial website or online service directed to children by using information location tools, including a directory, index, reference, pointer, or hypertext link.
(11)
Person
The term “person” means any individual, partnership, corporation, trust, estate, cooperative, association, or other entity.
(12)
Online contact information
The term “online contact information” means an e-mail address or another substantially similar identifier that permits direct contact with a person online.