1.Does the startup sell online?
eCommerce businesses are not the only startups that sell things online. Here are a few examples of other ways that companies may accidentally find themselves selling online:
- Directing customers to their website to purchase/pay for their services to reduce administrative or paper contracts;
- Organizing and hosting events that charge attendees; or
- Charging other companies for product placement or advertising on your website.
2.Do children under 13 use the website?
There are companies that clearly aimed at children (i.e. children’s toys, clothes, books, etc.). However, this can be a more complicated question than most expect. In many cases, children may access or use the services offered by the company on its website or download the app. Some examples of unexpected situations where children may enter a website include:
- Message boards on a website enabling users to communicate with each other;
- Photo-sharing functionality for members of the website;
- Posting event details that would be attractive for children to attend (i.e. character appearances, bands, sports, etc)
3.Do California residents access the startup website?
This question is incredibly broad because that is how the statute is written. The California Online Privacy Protection (CAL-OPPA) is read broadly and includes companies that:
- Have clients located in California;
- Advertise to residents of California;
- Ship to California; or
- Receive comments or feedback from California residents