1. Online MarketingLegislationDisclaimer: I only play a lawyer on Facebook. Presentationis intended as a summary and not as legal advice.Copyright (c) 2014 by Kaley Perkins

2. www.kaleyperkins.com@kaley_perkinsLegal Compliance in Digital SpaceSummary of legislation that effects all online marketers 3. Table of ContentsCAN-SPAMDo Not CallPrivacy PoliciesCOPPAEndorsements, Affiliates, and Paid Reviews 4. CAN-SPAMControlling the Assault of Non-SolicitedPornography and Marketing 5. CAN-SPAMCAN-SPAM is designed to limit the annoyingpractice of spamming customers with email content.Violation = $16,000 fines per email! 6. Complying with CAN-SPAMSource: http://business.ftc.gov/multimedia/videos/complying-can-spam-act 7. Do Not CallImplementation ActWhile CAN-SPAM was designed to eliminateannoying emails, the Do Not Call ImplementationAct is designed to eliminate annoying phone calls.Violations of Do Not Call Act can cost $16,000 peremail. 8. Register Phone # for Do NotCallConsumers can register phone numbers two ways:Online: www.donotcall.govPhone: 1-888-382-1222(must call from phone number being registered) 9. Complying with Do Not CallSource: http://business.ftc.gov/multimedia/videos/complying-do-not-call 10. Privacy PoliciesEffective enforcement of online privacy policies isintended to assure an organization's compliance withits privacy policies for the collection, use anddisclosure of personally identifiable information onlineand provide for consumer complaint resolution. Online Privacy Alliance 11. Privacy Policy Content Personal information collected. Use of personal information. Third-party access to personal info. Use of cookies Methods for deleting / modifying info. Instructions for future opt-out. If targeting customers younger than13, see COPPA. Secure processing server whencollecting financial information Policies must beeasily accessible fromthe website. If terms change,notify customers. 12. Privacy Policy CreationCompanies can write their own policies or use onlineprivacy policy generators or third-party sealcompanies to increase legitimacy.Online Privacy Policy Generator:http://www.freeprivacypolicy.com/ 13. COPPAChildrens Online Privacy Protection ActThe primary goal of COPPA is to place parents incontrol over what information is collected from theiryoung children online.http://business.ftc.gov/documents/0493-Complying-with-COPPA-Frequently-Asked-Questions 14. COPPA: Six Steps Step 1: Determine if Your Company is a Website or Online Service thatCollects Personal Information from Kids Under 13. Step 2: Post a Privacy Policy that Complies with COPPA. Step 3: Notify Parents Directly Before Collecting Personal Information fromTheir Kids. Step 4: Get Parents Verifiable Consent Before Collecting Information fromTheir Kids. Step 5: Honor Parents Ongoing Rights with Respect to InformationCollected from Their Kids. Step 6: Implement Reasonable Procedures to Protect the Security of KidsPersonal Information. 15. Step One: determine if you collectinformation from kids under 13COPPA affects companies with website or online operators that direct content to: Co children under 13 and collect personal information from them.OR Children under 13 and let others collect personal information from them.OR A general audience but have actual knowledge that they collect personal informationfrom children under 13.OR Run ad networks or plug-ins, for example, and have actual knowledge that theycollect personal information from users of a website or service directed to childrenunder 13. 16. Step Two: post privacy policythat complies with COPPATo comply, companies need to post privacy policies thatinclude: Name and contact information for all operators whocollect and maintain information on kids under 13. The type of information that is collected; how theinformation is collected; how the information will be used;whether information will be released to third parties andhow they will use the information. Description of parental rights and how to exercise them. 17. Step Three: notify parents directly beforecollecting information from their kidsCompanies must provide direct notice to parents: that the goal is to get their consent. that personal information about their child is being collected. that their consent is required. of the type of information that will be collected and how it may bedistributed. to the companys online privacy policy. how the parent can give consent. that without response, collected information will be deleted. 18. Step Four: get parents verifiable consentbefore collecting information from their kids If information will be kept solely within the control of the company, anemail plus notification. If information will be shared with other companies / operators, one of thefollowing methods is suitable:a signed consent formcredit card, debit card, other online payment systemcall a toll-free number staffed by trained personnelconnection with trained staff by video conferenceinspection of valid govt issue ID kept in a secure database 19. Step Five: honor parents ongoing rightsw/ respect to info collected from their kids Take reasonable steps to ensure you are talking tothe childs parent. If a parent inquires, be prepared to:allow them to review personal informationfrom their child.give them a way to revoke their consent.delete their childs information. 20. Step Six: implement reasonableprocedures to protect the security of kidspersonal information Protect confidentiality, security, and integrity ofinformation collected. Only release information to other operators whohave secure procedures. Collect minimum information necessary. Keep information only as long as necessary. Dispose of information securely. 21. Endorsements, Affiliations,Paid ReviewsCustomers have a right to know if the information onyour web page is neutral information or if you have afinancial interest in getting them to take action.Customers feel more comfortable buying frompeople they know and often use peer reviews andcelebrity endorsements to help them make buyingdecisions. 22. Endorsements, Affiliations,Paid ReviewsIf celebrities, affiliates, and reviewers derive benefitfrom speaking on your behalf, their opinions areinfluenced by self-interest.Customers have a right to know if endorsementsand reviews are not neutral. 23. FTCs Endorsement GuideSource: https://www.youtube.com/watch?feature=player_detailpage&v=DBMlq3R85Xk 24. Sources AdRoll. (n.d.). What should I include in my privacy policy? http://support.adroll.com/privacy-policy/.Retrieved September 24, 2014. BCP Business Center. (n.d.). Childrens Privacy. http://business.ftc.gov/privacy-and-security/childrens-privacy.Retrieved September 24, 2014. BCP Business Center. (n.d.). The FTCs revised endorsement guides: What people are asking.http://business.ftc.gov/documents/bus71-ftcs-revised-endorsement-guideswhat-people-are-asking.Retrieved September 24, 2014. BCP Business Center. (n.d.). Q&A for telemarketers & sellers about DNC provisions in TSR.http://www.business.ftc.gov/documents/alt129-qa-telemarketers-sellers-about-dnc-provisions-tsr.Retrieved September 24, 2014. Google. (n.d.). What in include in your privacy policy for remarketing.https://support.google.com/adwords/answer/2549063?hl=en. Retrieved September 24, 2014. HubSpot. (n.d.). What is CAN-SPAM? [FAQs]. http://blog.hubspot.com/marketing/what-is-can-spam-ht.Retrieved September 24, 2014. Online Privacy Alliance. (n.d.). Effective enforcement of self regulation.http://www.privacyalliance.org/resources/enforcement.shtml. Retrieved September 24, 2014. 25. 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