CARU Recommends Clearwater Aquarium Modify Website to Better Protect Children’s Privacy

Aquarium Agrees to Do So

New York, NY – April 27,  2012 – The Children’s Advertising Review Unit has recommended that Clearwater Aquarium, operator of the Seewinter.com website, modify the website Seewinter.com to better protect the privacy of child visitors to the site. The aquarium has agreed to do so.

CARU is an investigative arm of the advertising industry’s self-regulatory system and is administered by the Council of Better Business Bureaus.

CARU monitors websites for compliance with CARU’s Self-Regulatory Program for Children’s Advertising, including CARU guidelines on Online Privacy Protection, as well as with the federal Children’s Online Privacy Protection Act (COPPA).

The Seewinter.com website came to the attention of CARU through CARU’s routine monitoring. The website’s main focus is the promotion of Winter, a dolphin who lives at the aquarium.  Winter is the subject of a recent book and his story has recently been featured in the family film, “A Dolphin’s Tale.”

The site provides information about Winter and allows visitors to learn about the aquarium and its programs.  The Website has a link to a “Kidzone” area that includes games, coloring pages and student resources.

A visitor to the Kidzone area can sign up for an e-newsletter and “stay up to date with Winter.”  Visitors are asked to enter their first and last names, email and street addresses and daytime and cell phone numbers.

CARU was concerned that the site collected personally identifiable information from children under the age of thirteen without first obtaining prior parental consent as required by COPPA and CARU’s guidelines. CARU was further concerned that the website’s privacy policy did not reflect its privacy practices.

The aquarium did not respond to CARU’s initial inquiry and the site at issue was referred to the Federal Trade Commission. The operator later agreed to work with CARU to bring its Website into compliance with the Guidelines and COPPA.

Clearwater Marine Aquarium, in its operator’s statement, said it “has agreed to modify its website www.seewinter.com and will continue to ensure that the website is in compliance with relevant guidelines and legal requirements.

 

Subscribe to the Ad Law Insights or Privacy Initiatives newsletters for an exclusive monthly analysis and insider perspectives on the latest trends and case decisions in advertising law and data privacy.

 

 

 

 

Latest Decisions

Decision

National Advertising Division Recommends Blueprint Test Preparation Discontinue Certain MCAT Score Improvement Claims

New York, NY – April 22, 2024 – The National Advertising Division recommended Blueprint Test Preparation discontinue certain express and implied claims made in connection with its four MCAT preparation courses, including claims that Blueprint students raise their MCAT scores by 15 or 13 points on average.

Read the Decision Summary
Decision

National Advertising Division Recommends The Princeton Review Discontinue Point Increase Claims for MCAT Test Preparation Services

New York, NY – April 18, 2024 – In a Fast-Track SWIFT challenge, the National Advertising Division recommended that The Princeton Review (TPR) discontinue claims that its students “Score a 515+ on the MCAT or add 15 points depending on your starting score. Guaranteed or your money back.”

Read the Decision Summary
Decision

Direct Selling Self-Regulatory Council Recommends Trades of Hope Discontinue Salesforce Member Earnings Claims

McLean, VA – April 17, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended that Trades of Hope discontinue certain earnings claims made by salesforce members on Facebook and YouTube. 

Read the Decision Summary
Decision

National Advertising Division Recommends Lily of the Desert Nutraceuticals Discontinue “100% Pure Avocado Oil” Claim for Tropical Plantation Avocado Oil

New York, NY – April 15, 2024 – The National Advertising Division recommended that Lily of the Desert Nutraceuticals discontinue the claim “100% Pure Avocado Oil” for its Tropical Plantation Avocado Oil and avoid conveying the unsupported message that the product is 100% pure avocado...

Read the Decision Summary