(a) For purposes of this chapter: (1) âCalifornia Consumer Privacy Act-excluded covered informationâ or âCCPA-excluded covered informationâ means covered information that is not subject to the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code). (2) âCovered informationâ means personally identifiable information or materials, in any media or format that meets any of the following: (A) Is created or provided by a pupil, or the pupilâs parent or legal guardian, to an operator in the course of the pupilâs, parentâs, or legal guardianâs use of the operatorâs site, service, or application for preschool and prekindergarten purposes. (B) Is created or provided by an employee or agent of the preschool, prekindergarten, school district, local educational agency, or county office of education, to an operator. (C) Is gathered by an operator through the operation of a site, service, or application described in paragraph (4), and is descriptive of a pupil or otherwise identifies a pupil, including, but not limited to, information in the pupilâs educational record or email, first and last name, home address, telephone number, email address, or other information that allows physical or online contact, discipline records, test results, special education data, juvenile dependency records, grades, evaluations, criminal records, medical records, health records, social security number, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious information, text messages, documents, pupil identifiers, search activity, photographs, voice recordings, or geolocation information. (3) âOnline serviceâ includes cloud computing services, which must comply with this section if they otherwise meet the definition of an operator. (4) âOperatorâ means the operator of an internet website, online service, online application, or mobile application with actual knowledge that the site, service, or application is used primarily for preschool or prekindergarten purposes and was designed and marketed for preschool and prekindergarten purposes. (5) âPreschool or prekindergarten purposesâ means purposes that customarily take place at the direction of the preschool, prekindergarten, teacher, or school district, or aid in the administration of preschool or prekindergarten activities, including, but not limited to, instruction in the classroom or at home, administrative activities, and collaboration between pupils, preschool or prekindergarten personnel, or parents, or are for the use and benefit of the preschool or prekindergarten. (6) âPupilâ means a child enrolled in a preschool or prekindergarten course of instruction. (b) An operator shall not knowingly engage in any of the following activities with respect to their site, service, or application: (1) (A) Engage in targeted advertising on the operatorâs site, service, or application. (B) Target advertising on any other site, service, or application when the targeting of the advertising is based upon any information, including covered information and persistent unique identifiers, that the operator has acquired because of the use of that operatorâs site, service, or application described in paragraph (4) of subdivision (a). (2) Use information, including persistent unique identifiers, created or gathered by the operatorâs site, service, or application, to amass a profile about a pupil, except in furtherance of preschool or prekindergarten purposes. (3) Sell a pupilâs information, including covered information. This prohibition does not apply to the purchase, merger, or other type of acquisition of an operator by another entity, provided that the operator or successor entity continues to be subject to the provisions of this section with respect to previously acquired pupil information. (4) Disclose covered information unless the disclosure
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