Definitions

In this Act: (1) Adult The term Adult means an account holder who is or is estimated to be 18 years of age or older. (2) Age category The term Age Category means categorization of an individual based on age or estimated age, including a description of the user as a Minor, Adult, or being within a given age range. (3) Age signal The term Age Signal means a signal that indicates an account holder’s Age Category, which the account holder or the account holder’s parent has agreed to share. (4) Application The term Application means a software program that is— (A) designed to be run on a Connected Device, and to perform, or to help the user perform a specific task on the Connected Device; and (B) distributed through an Application Distribution Provider. The term does not include websites or internet Browser extensions, or software with a primary purpose of extending the functionality of an internet Browser. (5) Application distributor The term Application Distributor means a software application that distributes Applications from Developers to users of a Connected Device. The term does not include internet Browsers. (6) Application distribution provider The term Application Distribution Provider means an entity, company, or organization that owns, operates, or controls an Application Distributor. (7) Connected device The term Connected Device means a smartphone, tablet, gaming console, or virtual reality device that enables users to connect to the internet and download software applications. (8) Covered application The term Covered Application means an Application that is not an Application Distributor and that a Developer provides, whether legally required or not, a different experience for Adults than for Minors or an experience that is intended only for Adults. This includes, but is not limited to, Developers that provide different account types, content, or features or engage in different advertising or data practices depending on a user’s age. The term does not include internet Browsers or Online Search Engines. (9) Developer The term Developer means any person, entity, company, or organization that creates, owns, or controls an Application. (10) Minor The term Minor means an account holder who is or is estimated to be under the age of 18. (11) Covered website The term Covered Website means a website that provides a URL-accessible or web version of a Covered Application. The term does not include internet Browsers or Online Search Engines. (12) Personalized advertising Personalized Advertising means displaying advertisements to an account holder where the advertisement is selected based on personal data obtained from that account holder’s activities over time and across non-affiliated websites or online applications to predict such account holder’s preferences or interests. Personalized Advertising does not include: (1) Advertising based on an account holder’s activities within a Developer’s own Application or Applications; (2) Advertising based on the context of an account holder’s current interaction with an Application; (3) Advertising directed to an account holder in response to the account holder’s direct request for information or feedback; or (4) The processing of personal data solely for measuring or reporting advertising performance, reach, or frequency.