This chapter defines terms used for app stores, mobile devices, minors, parents, and parental consent.
For the purposes of this chapter, the following terms have the following meanings: (1) ACCOUNT HOLDER. The individual associated with a mobile device. (2) AGE CATEGORY. Whether an individual is: (i) under 13 years of age; (ii) at least 13 years of age but less than 16 years of age; (iii) at least 16 years of age but less than 18 years of age; or (iv) at least 18 years of age. (3) AGE CATEGORY DATA. Information about a user’s age category which is collected by an app store developer and shared with a developer. (4) AGE RATING. A classification that assesses the suitability of an app’s content and functions for different age groups. (5) APP. A software application or electronic service that a user may run or direct on a mobile device. The term includes pre-installed apps. (6) APP STORE. A publicly available website, software application, or electronic service that allows account holders to download apps from third-party developers onto a mobile device. (7) APP STORE PROVIDER. An entity that owns, operates, or controls an app store that allows account holders in the state to download apps onto a mobile device. (8) CONTENT DESCRIPTION. A description of the specific content elements or functions that inform an app’s age rating. (9) DEVELOPER. An entity that owns or controls an app made available through an app store or a pre-installed app. (10) IN-APP PURCHASE. A charge associated with any user conduct within an app and billed by an app store, including, but not limited to, the acquisition of virtual currency, digital goods, digital services, or other apps. (11) MINOR. An individual under 18 years of age, unless the individual is married or legally emancipated. (12) MINOR ACCOUNT. An account with an app store provider which is established by an individual who the app store provider has determined is a minor. (13) MOBILE DEVICE. A phone or general-purpose tablet that: (i) provides cellular or wireless connectivity; (ii) is capable of connecting to the Internet; (iii) runs a mobile operating system; and (iv) is capable of running apps through the mobile operating system. (14) MOBILE OPERATING SYSTEM. Software that: (i) manages mobile device hardware resources; (ii) provides common services for mobile device programs; (iii) controls memory allocation; and (iv) provides interfaces for apps to access device functionality. (15) PARENT. With respect to a minor, any of the following individuals: a. A biological parent. b. A legal guardian. c. An individual with legal custody. (16) PARENT ACCOUNT. An account with an app store provider which is affiliated with one or more minor accounts and which is verified to have been established by an individual who the app store provider has determined is not a minor. (17) PARENTAL CONSENT DISCLOSURE. The following information that an app store provider is required to provide to a parent before obtaining parental disclosure: a. A description of the personal data collected by the app from a user. b. A description of the personal data shared by the app with any third party. c. Any methods implemented by the developer to protect personal data. d. The age rating of the app or in-app purchase, if available. e. The content description of the app or in-app purchase, if available. (18) PRE-INSTALLED APP. Any app, or portion of an app, which is present on a mobile device at the time of purchase, initial activation, or first use by the consumer. The term includes, but is not limited to: (i) browsers; (ii) search engines; (iii) messaging apps; and (iv) other apps, or portions of apps, that are installed or partially installed by the device manufacturer, wireless services provider, retailer, or any other party prior to the purchase, initial activation, or first use of the device by the customer and that may be updated thereafter. The term does not include: (i) core operating system functions; (ii) essential device drivers; and (iii) applications necessary for basic device operation such as phone and settings applications. (19) SIGNIFICANT CHANGE. A material modification to an app’s terms of service or privacy policy which does any of the following: a. Changes the categories of data collected, stored, or shared. b. Adds new monetization features, including, but not limited to, in-app purchases or advertisements, where no such features were previously present. c. Alters the app’s age rating or content descriptions. (20) VERIFIABLE PARENTAL CONSENT. Authorization that meets all of the following criteria: a. Is provided by an individual who the app store provider has verified is at least 18 years of age. b. Is given after the app store provider has clearly and conspicuously provided the parental consent disclosure to the individual. c. Requires the parent to make an affirmative choice to either grant consent or decline consent.