What is Conspicuously Available in the Delaware Online Privacy and Protection Act (“DelOPPA”)?
Conspicuously available means, with respect to a privacy policy required by § 1205C of this title, to make the privacy policy available to an individual via the Internet by any of the following means:
a. A webpage on which the actual privacy policy is posted if the webpage is the homepage or first significant page after entering the website.
b. An icon that hyperlinks to a webpage on which the actual privacy policy is posted, if the icon is located on the homepage or the first significant page after entering the website, and if the icon contains the word “privacy.” The icon shall also use a color that contrasts with the background color of the webpage or is otherwise distinguishable.
c. A text link that hyperlinks to a webpage on which the actual privacy policy is posted, if the text link is located on the homepage or first significant page after entering the website, and if the text link includes the word “privacy,” is written in capital letters equal to or greater in size than the surrounding text, or is written in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the language.
d. Any other functional hyperlink that is so displayed that a reasonable individual would notice it.
e. With respect to an internet website, online or cloud computing service, online application, or mobile application that is not a website, any other reasonably accessible and visible means of making the privacy policy available for users of the internet website, online or cloud computing service, online application, or mobile application.
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