Poe's service is not intended for children under 13, and Poe states it will delete data if it discovers it has been collected from a child under that age.
This analysis describes what Poe's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The policy relies on a reactive rather than proactive approach to COPPA compliance, stating that Poe will delete data upon discovery rather than describing age verification mechanisms that would prevent collection in the first instance.
The policy prohibits use by children under 13 and states data from such users will be deleted upon discovery, but does not describe active age verification procedures, meaning parents or guardians who believe their child's data was collected should contact Poe to request deletion.
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"Our services are not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13, we will take steps to delete that information as soon as possible.— Excerpt from Poe's Poe Privacy Policy
1) REGULATORY LANDSCAPE: COPPA (Children's Online Privacy Protection Act) requires operators of general audience services that knowingly collect personal information from children under 13 to obtain verifiable parental consent. The FTC is the primary enforcement authority. The policy's 'not directed to' framing and reactive deletion approach are common but may not satisfy COPPA requirements if Poe has actual knowledge of child users. 2) GOVERNANCE EXPOSURE: Medium. The absence of described age-gating or verification mechanisms is notable for a consumer-facing AI platform accessible via web and app. If children are found to be users, the 'did not knowingly collect' defense may be difficult to sustain. 3) JURISDICTION FLAGS: COPPA applies federally in the US. UK Age Appropriate Design Code (Children's Code) applies to online services likely to be accessed by users under 18 in the UK and imposes higher-level obligations than COPPA. EU GDPR Article 8 sets minimum age thresholds for consent that vary by member state (typically 13-16). These frameworks require assessment of platform accessibility to minors. 4) CONTRACT AND VENDOR IMPLICATIONS: Platform integrations and advertising networks should be reviewed to ensure that no behavioral advertising targeting is applied to users identified or likely to be minors. Third-party AI model providers receiving data from Poe should be notified of COPPA restrictions. 5) COMPLIANCE CONSIDERATIONS: An assessment of whether Poe's platform design and marketing could be considered directed to minors should be conducted. Age verification or age-gating mechanisms should be evaluated. The UK Children's Code applicability should be assessed given Poe's international availability.
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The policy relies on a reactive rather than proactive approach to COPPA compliance, stating that Poe will delete data upon discovery rather than describing age verification mechanisms that would prevent collection in the first instance.
The policy prohibits use by children under 13 and states data from such users will be deleted upon discovery, but does not describe active age verification procedures, meaning parents or guardians who believe their child's data was collected should contact Poe to request deletion.
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