This Children's Privacy Policy explains how Oppermind Pty Ltd (ABN 89 689 605 918) ("Oppermind", "we", "us", or "our") treats personal information of people under the age of 18 in connection with the Oppermind platform (the "Service"). It supplements, and should be read together with, our Privacy Policy and Terms & Conditions. If there is any inconsistency between this policy and the Privacy Policy on a matter concerning a person under 18, this policy prevails.
Minimum age — 18. The Service is for adults aged 18 years and over. There is no exception for younger users, and there is no parental-consent route into the Service. If you are under 18, please do not create an account, sign in, upload anything, or otherwise use the Service. This policy explains why we have set the age at 18, what happens if a person under 18 accesses the Service despite this rule, and how a parent or guardian can ask us to delete a minor's data.
This policy applies wherever a person interacts with the Service, including signed-out visitors to the website. It applies in addition to any laws specific to children's privacy in your jurisdiction, including the Children's Online Privacy Protection Act of 1998 (COPPA) and 16 C.F.R. Part 312 in the United States, Article 8 of the EU and UK General Data Protection Regulation, the UK Age Appropriate Design Code (the "Children's Code"), the Australian Privacy Principles under the Privacy Act 1988 (Cth) (and the framework arising under the Online Safety (Social Media Minimum Age) Act 2024 (Cth) to the extent it applies to the Service), the Online Safety Act 2021 (Cth), the US state child-privacy laws (including the California Age-Appropriate Design Code, the Utah Social Media Regulation Act, Texas SCOPE Act, the Connecticut Data Privacy Act children's provisions, and any equivalent state law), the Canadian PIPEDA and Quebec Law 25, and any equivalent law applicable to you.
In this policy:
The Service is offered only to people who are at least 18 years of age. This is a flat rule. We do not operate any tiered access, age-graded experience, or parental-consent pathway that allows a person under 18 to use the Service. The 18+ rule is recorded in Section 1.3 of the Terms & Conditions and is reflected throughout this policy.
We have set the minimum age at 18 because:
The 18+ rule is a substantive product and safety decision. It is not a workaround pending future relaxation. Any future change to the minimum age would require Oppermind to first build out the children's-data infrastructure and age-appropriate safety systems described above and to update this policy and the Terms accordingly.
We take the following reasonable steps to discourage and prevent under-18 use of the Service:
We cannot, by self-declaration alone, guarantee the accuracy of any age provided at sign-up. The measures above are reasonable steps appropriate to a service of this kind at this stage of operation; they are not, and are not represented to be, an age-assurance system within the meaning of any specific regulatory standard. Where we have actual knowledge or a reasonable suspicion that a user is under 18 — whether from a report, the user's own statements, the content of the user's interactions, or any other source — we will follow the process in Section 7.
Where the framework arising under the Online Safety (Social Media Minimum Age) Act 2024 (Cth), the EU Digital Services Act, the UK Online Safety Act 2023, or any other age-assurance regime comes into force in a manner that applies to the Service, we will implement the required measures by the applicable commencement date.
We do not knowingly collect, use, store, share, or sell personal information from anyone under the age of 18. This is a stronger position than the COPPA baseline (which addresses children under 13) and applies across all jurisdictions and all features of the Service.
If a person under 18 nevertheless manages to create an account or otherwise interact with the Service in a way that causes us to collect personal information from them, we treat that information as having been collected in error and we apply the process in Section 7 of this policy as soon as we become aware of the issue.
We do not use any user's personal information for cross-context behavioural advertising or to build behavioural advertising profiles, and we do not share any user's personal information with any third party for that purpose. This applies platform-wide and is consistent with our general position (see Section 5.4 of the Cookie Policy) that we do not participate in cross-site advertising networks. The platform-wide 18+ minimum age means this prohibition operates in addition to the heightened protections that some laws apply specifically to advertising directed at minors.
If you are a parent or legal guardian and you believe a person under 18 has used the Service in breach of the 18+ rule and that we hold personal information about them, you may, at any time:
To exercise any of these rights, contact us at enquiry@oppermind.com with the subject line "Minor Data Request". We will verify that the requester is the parent or legal guardian before disclosing or acting on personal information; this may include identity verification and a written declaration. We will respond to verified requests within the timeframes required by applicable law and, in any event, without undue delay.
If we learn, or have reason to believe, that an account on the Service is held or used by a person under 18 — whether through a report, an automated signal, the user's own statements, the content of the user's interactions, or any other source — we will:
Nothing in this section limits our right or obligation to report suspected child sexual abuse material, suspected exploitation, or other suspected criminal conduct to the relevant authorities, including the Australian Federal Police, the eSafety Commissioner, the National Centre for Missing & Exploited Children (NCMEC), the Internet Watch Foundation (IWF), or the equivalent authority in your jurisdiction. Where law requires, we will preserve evidence and produce data without notice to the affected user or account holder.
The Service is not directed at children. Oppermind takes the position that, because the Service is offered only to people aged 18 and over, it is not an "operator" of a website or online service "directed to children" under the Children's Online Privacy Protection Act of 1998 (15 U.S.C. §§ 6501–6506 and 16 C.F.R. Part 312), and that the audience composition factors set out in the COPPA Rule indicate a general-audience product intended exclusively for adults. We do not knowingly collect, use, or disclose personal information from any person under 18 (which necessarily includes children under 13). Where we obtain actual knowledge that personal information has been collected from a person under 18, we will delete that information as described in Section 7 of this policy.
We are aware that several US states have enacted laws imposing additional obligations on services that process the personal information of minors, including the California Age-Appropriate Design Code Act, the Utah Social Media Regulation Act, the Texas Securing Children Online through Parental Empowerment (SCOPE) Act, the Connecticut Data Privacy Act's children's provisions, and equivalent laws in other states. We monitor these regimes and apply the requirements that apply to us to the extent that, despite our 18+ rule, minor personal information ends up in our systems and falls within the scope of the relevant law.
Article 8 of the EU and UK General Data Protection Regulation addresses the lawful age for a child to consent to information society services offered directly to a child. Because the Service is offered only to people aged 18 and over, and is not offered directly to children, the Article 8 age threshold does not engage in respect of intended use of the Service.
In the United Kingdom, we additionally have regard to the standards in the Information Commissioner's Office Age Appropriate Design Code (the "Children's Code") in our handling of any personal information of a person under 18 that comes into our systems despite the 18+ rule, including in the design of our discovery, deletion, and reporting processes. We apply data-protection-by-design and by-default principles to the handling of any minor personal information held in error.
For users in Australia, we handle personal information in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth). We do not collect personal information from minors; where personal information of a person under 18 nevertheless comes into our systems in breach of the 18+ rule, we handle it in accordance with this policy and with particular regard to the safety obligations under the Online Safety Act 2021 (Cth), the Basic Online Safety Expectations, and any determination, standard, or code issued by the eSafety Commissioner that applies to the Service. We will comply with any valid removal notice, link-deletion notice, or app-removal notice issued by the eSafety Commissioner within the timeframes required by the Act.
We monitor the framework arising under the Online Safety (Social Media Minimum Age) Act 2024 (Cth) and the eSafety Commissioner's age-assurance code. Where age-assurance requirements come into force that apply to the Service, we will implement those requirements as required by law.
For users in Canada, we handle personal information in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA). For users resident in Quebec, we additionally observe the heightened protections of An Act to modernize legislative provisions as regards the protection of personal information (Quebec Law 25), including the prohibition on activating identification, location, or profiling functions for minors by default, in our handling of any minor personal information held in error. Because the Service is 18+, the Quebec Law 25 thresholds relating to consent for users under 14 do not engage in respect of intended use.
If you are in a jurisdiction not specifically named above, your local law may impose specific obligations relating to children's online privacy. We will honour those obligations to the extent they apply to us.
If you believe that a person under 18 has provided us with personal information, or that an account on the Service is held or used by a person under 18, please contact us as soon as you can:
We will treat the report confidentially to the extent permitted by law, and we will follow the process in Section 7. Submitting a false or vexatious report to harm another user is itself a breach of our Acceptable Use Policy.
This policy applies to all current and future users of the Service. Existing accounts that do not have a date of birth or age confirmation on file may be prompted to confirm their age the next time they sign in. Where an existing user confirms or is found to be under 18, we will apply the discovery process in Section 7.
We may update this Children's Privacy Policy from time to time to reflect changes in the Service, applicable law, regulatory guidance, or our operational practices. The "Last updated" date at the top of this policy indicates the date of the most recent revision. Where the changes materially affect how we handle minor personal information, we will take reasonable steps to bring the update to the attention of any parent or guardian who has previously contacted us about a minor's account.
For all enquiries about this policy, or about the personal information of a person under 18, please contact us: