(1) As used in this subchapter:(1) “Child” means an individual twelve (12) years of age or younger in the State of Arkansas;(2) “Connected device” means a device that is capable of connecting to the internet, directly or indirectly, or to another connected device;(3) “Consent” means any reasonable effort, taking into consideration available technology and including without limitation a request for authorization for future collection, use, and disclosure described in the notice, to ensure that in the case of a teen, the parent of a teen or the teen:(A) Receives notice of the personal information collection, use, and disclosure practices of the operator; and(B) Before the personal information of the teen is collected, freely and unambiguously authorizes, including without limitation the giving of consent through an operator's terms of service or acknowledgement of the operator's privacy policy:(i) The collection, use, and disclosure, as applicable, of the teen's personal information; and(ii) Any subsequent use of the teen's personal information.(4) (A) “Disclosure” means making personal information that is collected from a child or teen by a website, online service, online application, or mobile application targeted toward children or teens or that is collected with actual knowledge the personal information is from a child or teen, publicly available in an identifiable form to a third party not affiliated with the operator.(B) “Disclosure” does not include personal information provided to a person other than an operator who provides support for the internal operations of the website, online service, online application, or mobile application of the operator, including a processor;(5) “Internet” means collectively a system of interconnected computer networks that comprise the interconnected worldwide network of networks and employ without limitation the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such protocol, or the User Datagram Protocol to communicate information of all kinds by wire or radio;(6) “Mobile application” means:(A) A software program that runs on the operating system of:(i) A cellular telephone;(ii) A tablet computer; or(iii) A similar portable computing device that transmits data over a wireless connection; and(B) Includes without limitation a service or application offered via a connected device;(7) “Online application” means an internet-connected software program and includes without limitation a service or application offered via a connected device;(8) “Online contact information” means an email address or another substantially similar identifier that permits direct contact with a person online;(9) (A) “Operator” means a person who, for commercial purposes, operates or provides a website on the internet, an online service, an online application, or a mobile application, and who:(i) Collects or maintains, either directly or through a service provider, personal information from or about the users of that website, online service, online application, or mobile application; or(ii) Allows another person to collect personal information directly from users of that website, online service, online application, or mobile application, in which case, the operator is deemed to have collected the personal information.(B) “Operator” does not include:(i) Any nonprofit entity that would otherwise be exempt from coverage under section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45 et seq.;(ii) An interactive gaming platform that complies with the requirements of the Children's Online Privacy Act, 15 U.S.C. § 6501, and the rules, guidance, and exemptions under the Online Privacy Act, 15 U.S.C. § 6501;(iii) An agency, board, commission, institution, or other instrumentality of the State of Arkansas or its political subdivisions; or(iv) A public educational entity of the State of Arkansas, including without limitation a school district and an institution of higher learning;(10) “Parent” means a natural parent, adoptive parent, legal guardian, or legal custodian of an individual who is sixteen (16) years of age or younger;(11) “Person” means any individual, partnership, corporation, trust, estate, cooperative, association, or other entity;(12) (A) “Personal information” means individually identifiable information about an individual collected online, including without limitation:(i) A first and last name;(ii) A home or other physical address, including street name and name of the city or town of residence;(iii) An email address;(iv) A telephone number;(v) A Social Security number;(vi) Any other identifier that permits the physical or online contacting of a specific individual;(vii) Geolocation information sufficient to identify a street name and a city or town;(viii) Information generated from the measurement or technological processing of an individual's biological, physical, or physiological characteristics that is used to identify an individual, including without limitation:(a) Fingerprints;(b) Voice prints;(c) Iris or retina imagery scans;(d) Facial templates;(e) Deoxyribonucleic acid (DNA) information; or(f) Gait;(ix) Information linked or reasonably linkable to a child or teen; or(x) Information linked or reasonably linkable to a child or teen or the parents of that child or teen, including without limitation any unique identifier, that an operator collects online from the child or teen and combines with an identifier described in this subdivision (12)(A).(B) “Personal information” does not include an audio file that contains a child's or teen's voice so long as the operator:(i) Does not request information via voice that would otherwise be considered personal information under subdivision (12)(A) of this section;(ii) Provides clear notice of its collection and use of the audio file and its deletion policy in its privacy policy;(iii) Uses the voice within the audio file as a replacement for written words, to perform a task, or engage with a website, online service, online application, or mobile application, such as to perform a search or fulfill a verbal instruction or request; and(iv) Only maintains the audio file long enough to complete the stated purpose and improve or enhance the user's experience of the service and then deletes the audio file when it is no longer reasonably needed and does not make any other use of the audio file before deletion;(13) “Processor” means a person that processes personal information on behalf of an operator;(14) (A) “Social media platform” means a public or semipublic internet-based service or application that:(i) Is used by a consumer in this state;(ii) Is primarily intended to connect and allow users to socially interact within that service or application; and(iii) Enables a user to:(a) Construct a public or semipublic profile for the purposes of signing into and using the service or application;(b) Populate a public list of other users with whom the user shares a social connection within that service or application; and(c) Create or post content that is viewable by other users, including without limitation on message boards, in chat rooms, or through a landing page or main feed that presents the user with content that is generated by other users.(B) “Social media platform” does not include a public or semipublic internet-based service or application that:(i) Exclusively provides email or direct messaging services;(ii) Primarily consists of news, sports, entertainment, interactive video games, electronic commerce, or content that is preselected by the provider or for which any chat, comments, or interactive functionality is incidental to, directly related to, or dependent on the provision of that content;(iii) Primarily provides career development opportunities, including without limitation professional networking, job skills, learning certifications, and job posting and application services; or(iv) Is used by and under the direction of an educational entity, including without limitation a learning management system or a student engagement program;(15) (A) “Targeted advertising” means displaying advertisements to a consumer where the advertisement is selected based on personal data obtained from that consumer's activities over time and across nonaffiliated websites or online applications to predict that consumer's preferences or interests.(B) “Targeted advertising” does not include:(i) Advertising based on activities within a controller's own websites or online applications;(ii) Advertising based on the context of a consumer's current search query or visit to a website or online application;(iii) Advertising directed to a consumer in response to the consumer's request for information or feedback; or(iv) Processing of personal data that is processed solely for measuring or reporting advertising performance, reach, or frequency;(16) “Teen” means an individual located in the State of Arkansas who is:(A) Thirteen (13) years of age or older; and(B) Younger than seventeen (17) years of age; and(17) “Third party” means a person, public authority, agency, or body other than the consumer, operator, processor, or an affiliate of the processor or the operator.
(1) “Child” means an individual twelve (12) years of age or younger in the State of Arkansas;
(2) “Connected device” means a device that is capable of connecting to the internet, directly or indirectly, or to another connected device;
(3) “Consent” means any reasonable effort, taking into consideration available technology and including without limitation a request for authorization for future collection, use, and disclosure described in the notice, to ensure that in the case of a teen, the parent of a teen or the teen:(A) Receives notice of the personal information collection, use, and disclosure practices of the operator; and(B) Before the personal information of the teen is collected, freely and unambiguously authorizes, including without limitation the giving of consent through an operator's terms of service or acknowledgement of the operator's privacy policy:(i) The collection, use, and disclosure, as applicable, of the teen's personal information; and(ii) Any subsequent use of the teen's personal information.
(A) Receives notice of the personal information collection, use, and disclosure practices of the operator; and
(B) Before the personal information of the teen is collected, freely and unambiguously authorizes, including without limitation the giving of consent through an operator's terms of service or acknowledgement of the operator's privacy policy:(i) The collection, use, and disclosure, as applicable, of the teen's personal information; and(ii) Any subsequent use of the teen's personal information.
(i) The collection, use, and disclosure, as applicable, of the teen's personal information; and
(ii) Any subsequent use of the teen's personal information.
(4) (A) “Disclosure” means making personal information that is collected from a child or teen by a website, online service, online application, or mobile application targeted toward children or teens or that is collected with actual knowledge the personal information is from a child or teen, publicly available in an identifiable form to a third party not affiliated with the operator.(B) “Disclosure” does not include personal information provided to a person other than an operator who provides support for the internal operations of the website, online service, online application, or mobile application of the operator, including a processor;
(A) “Disclosure” means making personal information that is collected from a child or teen by a website, online service, online application, or mobile application targeted toward children or teens or that is collected with actual knowledge the personal information is from a child or teen, publicly available in an identifiable form to a third party not affiliated with the operator.
(B) “Disclosure” does not include personal information provided to a person other than an operator who provides support for the internal operations of the website, online service, online application, or mobile application of the operator, including a processor;
(5) “Internet” means collectively a system of interconnected computer networks that comprise the interconnected worldwide network of networks and employ without limitation the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such protocol, or the User Datagram Protocol to communicate information of all kinds by wire or radio;
(6) “Mobile application” means:(A) A software program that runs on the operating system of:(i) A cellular telephone;(ii) A tablet computer; or(iii) A similar portable computing device that transmits data over a wireless connection; and(B) Includes without limitation a service or application offered via a connected device;
(A) A software program that runs on the operating system of:(i) A cellular telephone;(ii) A tablet computer; or(iii) A similar portable computing device that transmits data over a wireless connection; and
(i) A cellular telephone;
(ii) A tablet computer; or
(iii) A similar portable computing device that transmits data over a wireless connection; and
(B) Includes without limitation a service or application offered via a connected device;
(7) “Online application” means an internet-connected software program and includes without limitation a service or application offered via a connected device;
(8) “Online contact information” means an email address or another substantially similar identifier that permits direct contact with a person online;
(9) (A) “Operator” means a person who, for commercial purposes, operates or provides a website on the internet, an online service, an online application, or a mobile application, and who:(i) Collects or maintains, either directly or through a service provider, personal information from or about the users of that website, online service, online application, or mobile application; or(ii) Allows another person to collect personal information directly from users of that website, online service, online application, or mobile application, in which case, the operator is deemed to have collected the personal information.(B) “Operator” does not include:(i) Any nonprofit entity that would otherwise be exempt from coverage under section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45 et seq.;(ii) An interactive gaming platform that complies with the requirements of the Children's Online Privacy Act, 15 U.S.C. § 6501, and the rules, guidance, and exemptions under the Online Privacy Act, 15 U.S.C. § 6501;(iii) An agency, board, commission, institution, or other instrumentality of the State of Arkansas or its political subdivisions; or(iv) A public educational entity of the State of Arkansas, including without limitation a school district and an institution of higher learning;
(A) “Operator” means a person who, for commercial purposes, operates or provides a website on the internet, an online service, an online application, or a mobile application, and who:(i) Collects or maintains, either directly or through a service provider, personal information from or about the users of that website, online service, online application, or mobile application; or(ii) Allows another person to collect personal information directly from users of that website, online service, online application, or mobile application, in which case, the operator is deemed to have collected the personal information.
(i) Collects or maintains, either directly or through a service provider, personal information from or about the users of that website, online service, online application, or mobile application; or
(ii) Allows another person to collect personal information directly from users of that website, online service, online application, or mobile application, in which case, the operator is deemed to have collected the personal information.
(B) “Operator” does not include:(i) Any nonprofit entity that would otherwise be exempt from coverage under section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45 et seq.;(ii) An interactive gaming platform that complies with the requirements of the Children's Online Privacy Act, 15 U.S.C. § 6501, and the rules, guidance, and exemptions under the Online Privacy Act, 15 U.S.C. § 6501;(iii) An agency, board, commission, institution, or other instrumentality of the State of Arkansas or its political subdivisions; or(iv) A public educational entity of the State of Arkansas, including without limitation a school district and an institution of higher learning;
(i) Any nonprofit entity that would otherwise be exempt from coverage under section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45 et seq.;
(ii) An interactive gaming platform that complies with the requirements of the Children's Online Privacy Act, 15 U.S.C. § 6501, and the rules, guidance, and exemptions under the Online Privacy Act, 15 U.S.C. § 6501;
(iii) An agency, board, commission, institution, or other instrumentality of the State of Arkansas or its political subdivisions; or
(iv) A public educational entity of the State of Arkansas, including without limitation a school district and an institution of higher learning;
(10) “Parent” means a natural parent, adoptive parent, legal guardian, or legal custodian of an individual who is sixteen (16) years of age or younger;
(11) “Person” means any individual, partnership, corporation, trust, estate, cooperative, association, or other entity;
(12) (A) “Personal information” means individually identifiable information about an individual collected online, including without limitation:(i) A first and last name;(ii) A home or other physical address, including street name and name of the city or town of residence;(iii) An email address;(iv) A telephone number;(v) A Social Security number;(vi) Any other identifier that permits the physical or online contacting of a specific individual;(vii) Geolocation information sufficient to identify a street name and a city or town;(viii) Information generated from the measurement or technological processing of an individual's biological, physical, or physiological characteristics that is used to identify an individual, including without limitation:(a) Fingerprints;(b) Voice prints;(c) Iris or retina imagery scans;(d) Facial templates;(e) Deoxyribonucleic acid (DNA) information; or(f) Gait;(ix) Information linked or reasonably linkable to a child or teen; or(x) Information linked or reasonably linkable to a child or teen or the parents of that child or teen, including without limitation any unique identifier, that an operator collects online from the child or teen and combines with an identifier described in this subdivision (12)(A).(B) “Personal information” does not include an audio file that contains a child's or teen's voice so long as the operator:(i) Does not request information via voice that would otherwise be considered personal information under subdivision (12)(A) of this section;(ii) Provides clear notice of its collection and use of the audio file and its deletion policy in its privacy policy;(iii) Uses the voice within the audio file as a replacement for written words, to perform a task, or engage with a website, online service, online application, or mobile application, such as to perform a search or fulfill a verbal instruction or request; and(iv) Only maintains the audio file long enough to complete the stated purpose and improve or enhance the user's experience of the service and then deletes the audio file when it is no longer reasonably needed and does not make any other use of the audio file before deletion;
(A) “Personal information” means individually identifiable information about an individual collected online, including without limitation:(i) A first and last name;(ii) A home or other physical address, including street name and name of the city or town of residence;(iii) An email address;(iv) A telephone number;(v) A Social Security number;(vi) Any other identifier that permits the physical or online contacting of a specific individual;(vii) Geolocation information sufficient to identify a street name and a city or town;(viii) Information generated from the measurement or technological processing of an individual's biological, physical, or physiological characteristics that is used to identify an individual, including without limitation:(a) Fingerprints;(b) Voice prints;(c) Iris or retina imagery scans;(d) Facial templates;(e) Deoxyribonucleic acid (DNA) information; or(f) Gait;(ix) Information linked or reasonably linkable to a child or teen; or(x) Information linked or reasonably linkable to a child or teen or the parents of that child or teen, including without limitation any unique identifier, that an operator collects online from the child or teen and combines with an identifier described in this subdivision (12)(A).
(i) A first and last name;
(ii) A home or other physical address, including street name and name of the city or town of residence;
(iii) An email address;
(iv) A telephone number;
(v) A Social Security number;
(vi) Any other identifier that permits the physical or online contacting of a specific individual;
(vii) Geolocation information sufficient to identify a street name and a city or town;
(viii) Information generated from the measurement or technological processing of an individual's biological, physical, or physiological characteristics that is used to identify an individual, including without limitation:(a) Fingerprints;(b) Voice prints;(c) Iris or retina imagery scans;(d) Facial templates;(e) Deoxyribonucleic acid (DNA) information; or(f) Gait;
(a) Fingerprints;
(b) Voice prints;
(c) Iris or retina imagery scans;
(d) Facial templates;
(e) Deoxyribonucleic acid (DNA) information; or
(f) Gait;
(ix) Information linked or reasonably linkable to a child or teen; or
(x) Information linked or reasonably linkable to a child or teen or the parents of that child or teen, including without limitation any unique identifier, that an operator collects online from the child or teen and combines with an identifier described in this subdivision (12)(A).
(B) “Personal information” does not include an audio file that contains a child's or teen's voice so long as the operator:(i) Does not request information via voice that would otherwise be considered personal information under subdivision (12)(A) of this section;(ii) Provides clear notice of its collection and use of the audio file and its deletion policy in its privacy policy;(iii) Uses the voice within the audio file as a replacement for written words, to perform a task, or engage with a website, online service, online application, or mobile application, such as to perform a search or fulfill a verbal instruction or request; and(iv) Only maintains the audio file long enough to complete the stated purpose and improve or enhance the user's experience of the service and then deletes the audio file when it is no longer reasonably needed and does not make any other use of the audio file before deletion;
(i) Does not request information via voice that would otherwise be considered personal information under subdivision (12)(A) of this section;
(ii) Provides clear notice of its collection and use of the audio file and its deletion policy in its privacy policy;
(iii) Uses the voice within the audio file as a replacement for written words, to perform a task, or engage with a website, online service, online application, or mobile application, such as to perform a search or fulfill a verbal instruction or request; and
(iv) Only maintains the audio file long enough to complete the stated purpose and improve or enhance the user's experience of the service and then deletes the audio file when it is no longer reasonably needed and does not make any other use of the audio file before deletion;
(13) “Processor” means a person that processes personal information on behalf of an operator;
(14) (A) “Social media platform” means a public or semipublic internet-based service or application that:(i) Is used by a consumer in this state;(ii) Is primarily intended to connect and allow users to socially interact within that service or application; and(iii) Enables a user to:(a) Construct a public or semipublic profile for the purposes of signing into and using the service or application;(b) Populate a public list of other users with whom the user shares a social connection within that service or application; and(c) Create or post content that is viewable by other users, including without limitation on message boards, in chat rooms, or through a landing page or main feed that presents the user with content that is generated by other users.(B) “Social media platform” does not include a public or semipublic internet-based service or application that:(i) Exclusively provides email or direct messaging services;(ii) Primarily consists of news, sports, entertainment, interactive video games, electronic commerce, or content that is preselected by the provider or for which any chat, comments, or interactive functionality is incidental to, directly related to, or dependent on the provision of that content;(iii) Primarily provides career development opportunities, including without limitation professional networking, job skills, learning certifications, and job posting and application services; or(iv) Is used by and under the direction of an educational entity, including without limitation a learning management system or a student engagement program;
(A) “Social media platform” means a public or semipublic internet-based service or application that:(i) Is used by a consumer in this state;(ii) Is primarily intended to connect and allow users to socially interact within that service or application; and(iii) Enables a user to:(a) Construct a public or semipublic profile for the purposes of signing into and using the service or application;(b) Populate a public list of other users with whom the user shares a social connection within that service or application; and(c) Create or post content that is viewable by other users, including without limitation on message boards, in chat rooms, or through a landing page or main feed that presents the user with content that is generated by other users.
(i) Is used by a consumer in this state;
(ii) Is primarily intended to connect and allow users to socially interact within that service or application; and
(iii) Enables a user to:(a) Construct a public or semipublic profile for the purposes of signing into and using the service or application;(b) Populate a public list of other users with whom the user shares a social connection within that service or application; and(c) Create or post content that is viewable by other users, including without limitation on message boards, in chat rooms, or through a landing page or main feed that presents the user with content that is generated by other users.
(a) Construct a public or semipublic profile for the purposes of signing into and using the service or application;
(b) Populate a public list of other users with whom the user shares a social connection within that service or application; and
(c) Create or post content that is viewable by other users, including without limitation on message boards, in chat rooms, or through a landing page or main feed that presents the user with content that is generated by other users.
(B) “Social media platform” does not include a public or semipublic internet-based service or application that:(i) Exclusively provides email or direct messaging services;(ii) Primarily consists of news, sports, entertainment, interactive video games, electronic commerce, or content that is preselected by the provider or for which any chat, comments, or interactive functionality is incidental to, directly related to, or dependent on the provision of that content;(iii) Primarily provides career development opportunities, including without limitation professional networking, job skills, learning certifications, and job posting and application services; or(iv) Is used by and under the direction of an educational entity, including without limitation a learning management system or a student engagement program;
(i) Exclusively provides email or direct messaging services;
(ii) Primarily consists of news, sports, entertainment, interactive video games, electronic commerce, or content that is preselected by the provider or for which any chat, comments, or interactive functionality is incidental to, directly related to, or dependent on the provision of that content;
(iii) Primarily provides career development opportunities, including without limitation professional networking, job skills, learning certifications, and job posting and application services; or
(iv) Is used by and under the direction of an educational entity, including without limitation a learning management system or a student engagement program;
(15) (A) “Targeted advertising” means displaying advertisements to a consumer where the advertisement is selected based on personal data obtained from that consumer's activities over time and across nonaffiliated websites or online applications to predict that consumer's preferences or interests.(B) “Targeted advertising” does not include:(i) Advertising based on activities within a controller's own websites or online applications;(ii) Advertising based on the context of a consumer's current search query or visit to a website or online application;(iii) Advertising directed to a consumer in response to the consumer's request for information or feedback; or(iv) Processing of personal data that is processed solely for measuring or reporting advertising performance, reach, or frequency;
(A) “Targeted advertising” means displaying advertisements to a consumer where the advertisement is selected based on personal data obtained from that consumer's activities over time and across nonaffiliated websites or online applications to predict that consumer's preferences or interests.
(B) “Targeted advertising” does not include:(i) Advertising based on activities within a controller's own websites or online applications;(ii) Advertising based on the context of a consumer's current search query or visit to a website or online application;(iii) Advertising directed to a consumer in response to the consumer's request for information or feedback; or(iv) Processing of personal data that is processed solely for measuring or reporting advertising performance, reach, or frequency;
(i) Advertising based on activities within a controller's own websites or online applications;
(ii) Advertising based on the context of a consumer's current search query or visit to a website or online application;
(iii) Advertising directed to a consumer in response to the consumer's request for information or feedback; or
(iv) Processing of personal data that is processed solely for measuring or reporting advertising performance, reach, or frequency;
(16) “Teen” means an individual located in the State of Arkansas who is:(A) Thirteen (13) years of age or older; and(B) Younger than seventeen (17) years of age; and
(A) Thirteen (13) years of age or older; and
(B) Younger than seventeen (17) years of age; and
(17) “Third party” means a person, public authority, agency, or body other than the consumer, operator, processor, or an affiliate of the processor or the operator.