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Children and Students
DRAFT — to be reviewed by a lawyer before publication. Last updated: 2026-10-24
TutorHabitat is a tool for tutors and schools. Many students are children. This page explains who is responsible for what.
Responsibilities
- The tutor or school (our customer) decides which students to add and is the controller of their data. The GDPR legal basis for ordinary lesson data is usually the contract (where the student is a party) or the tutor's legitimate interest in giving the lessons the parent ordered (Art. 6(1)(f)). This does not replace parental consent where a specific law requires it (see the rules by region below).
- We process that data as the tutor's processor (DPA), provide consent pages in the consenting person's language, and keep a record of each consent. We are also the controller of technical data (IP address, browser, security logs) of every student who opens a link, and we have our own duties where children's privacy laws treat the platform as the operator: for the COPPA notice and consent file in the USA we are the operator and controller (see below).
What needs consent in the service
| Feature | Who consents | Student's own voice |
|---|---|---|
| Lesson recording and transcription | parent/legal guardian, or the adult student | a student aged 13+ can object, which switches recording off |
| AI tutor (data goes to an AI provider in the USA) | parent/legal guardian, or the adult student | — |
The service always asks the parent/guardian until the student is 18. Recording a conversation can also require the consent of every participant under the law on confidentiality of communications (e.g. ePrivacy Art. 5(1) and national criminal law such as § 201 German Criminal Code; all-party-consent US states). The service collects the consents above; consent of the other participants (the tutor, other students in group lessons) is the tutor's responsibility. While recording, all participants see a "Recording" sign.
Where the law requires verification that the consent was really given by the holder of parental responsibility (GDPR Art. 8(2), COPPA, LGPD Art. 14 §5), the tutor must confirm the parent's identity through the tutoring relationship (e.g. the consent link is sent only to the parent's contact). The tutor-sent link is not enough where the law requires a specified check: COPPA in the USA (we run that flow — see below), India (from 13 May 2027 — see the table) and South Korea (PIPA Art. 22-2: for a student under 14, the tutor or school, as controller, must verify the legal representative by a method allowed by the Enforcement Decree; a consent click, and the tutor's own knowledge of the family, are not such a method. We do not provide mobile-phone, card or certificate verification, so our consent page alone does not meet Art. 22-2).
Age rules by region
Our model. Students use the service only through their tutor or school and the links they send. Students cannot sign up on their own, and children cannot open customer accounts (Terms §2). Recording and the AI tutor need consent of the parent/guardian until the student is 18, whatever the local age.
Who obtains parental consent. Where local law requires parental consent for processing a child's data (or for an online service used by a child), the tutor or school, as controller, is responsible for obtaining it. We provide the consent pages and keep the records. The exception is the flow we run ourselves: US COPPA (below). For India we will provide a verification method before 13 May 2027 (see the table).
| Country / region | Age and rule | Who obtains consent in TutorHabitat |
|---|---|---|
| EU/EEA (GDPR Art. 8; only where consent is the legal basis for an information society service offered directly to a child) | 13: Belgium, Denmark, Estonia, Finland, Latvia, Malta, Portugal, Sweden; 14: Austria, Bulgaria, Cyprus, Italy, Lithuania, Spain; 15: Czechia, France, Greece, Slovenia; 16: Croatia, Germany, Hungary, Ireland, Luxembourg, the Netherlands, Poland, Romania, Slovakia; EEA: 13 Iceland and Norway, 16 Liechtenstein | tutor/school; our consent pages for recording and AI |
| USA (COPPA) | under 13: verifiable parental consent before collecting personal information from the child | we (operator), see below |
| Canada (PIPEDA and provinces other than Quebec) | no single statutory age; the Privacy Commissioner's guidance generally expects a parent to consent for a child under 13 | tutor/school |
| Canada — Quebec (Law 25) | under 14: consent of the person with parental authority | tutor/school |
| India (DPDP Act 2023 and Rules 2025) | under 18: verifiable consent of a parent or lawful guardian, with a check that the parent is an adult; no tracking, behavioural monitoring or targeted advertising directed at children. We do not advertise to children. On the tutor's instructions we keep an identifiable AI usage log (time, function, room, student, credits; no question or answer text) for 12 months to meter credits and apply room budgets; we do not use it, or security logs, for behavioural monitoring, profiling or advertising. We do not state that this log falls outside DPDP s.9; before 13 May 2027 we will check the Rules and, if needed, aggregate or switch off per-student records for students under 18 in India. These obligations apply from 13 May 2027 CHECK: DPDP s.9 and the AI usage log | tutor/school (Data Fiduciary). Before 13 May 2027 we will provide a verifiable parental-consent method that meets the DPDP Rules (checking the parent's identity and adult age by a method the Rules accept); a declaration of adult age, or our COPPA signed-form method by itself, is not enough CHECK: our role in that flow |
| United Arab Emirates (Child Digital Safety Law, reported as Federal Decree-Law 26/2025) CHECK: official text | reported: under 13, explicit, documented parental consent, with a transition period CHECK: transition date | tutor/school, on our consent pages. If the law places separate duties on platforms, the tutor's consent does not discharge them CHECK: platform duties |
| Saudi Arabia (PDPL Implementing Regulation Art. 13) — not directed | consent of the legal guardian after verifying guardianship; minor under 18 | tutor/school |
| Qatar (Law 13/2016) | explicit parental consent for websites directed at children | tutor/school |
| Singapore (PDPA; PDPC Advisory Guidelines on children, 2024) | under 13: parental consent; 13–17 may consent themselves if the notice is easy to understand | tutor/school |
| Malaysia (PDPA 2010; Age of Majority Act 1971) | no express age in the PDPA; age of majority is 18: parental consent for minors | tutor/school (the PDPA reaches entities established or using equipment in Malaysia) |
| Philippines (Data Privacy Act of 2012) | under 18: where the processing is child-oriented, a child-oriented notice, any required impact assessment, and parental consent | tutor/school (as personal information controller) |
| Indonesia (PDP Law 27/2022) — not directed | under 18: parental consent | tutor/school |
| South Korea (PIPA Art. 22-2) | under 14: consent of the legal representative, verified by a method allowed by the Enforcement Decree | tutor/school, who must verify the legal representative's consent for lesson data by such a method; we provide no verification tool, and our consent page alone does not meet Art. 22-2. When a student opens a link we are controller of the IP address and browser data in our logs (truncated in web server logs; system logs may hold a full IP, for example of a call connection); we do not use them to identify the child and they expire within 7 days CHECK: KR Art. 22-2 for operator technical data |
| Japan (APPI) | no statutory age; guidance treats children of about 12–15 and under as needing consent of the legal representative | tutor/school |
| Australia (Privacy Act; Children's Online Privacy Code) | no statutory privacy age today; the Children's Online Privacy Code is expected (the OAIC's deadline to register it is 10 December 2026); a draft discussed parental consent under 15, which is not current law | tutor/school; once the Code is registered we will check what it requires of us, as distinct from the tutor CHECK: final Code, scope and dates |
| New Zealand (Privacy Act 2020) | no statutory age; fairness to children (IPP 4) | tutor/school |
| South Africa (POPIA) | under 18: consent of a competent person (parent or guardian) | tutor/school |
| Brazil (LGPD Art. 14; ECA Digital) — not directed | under 12 (child): specific, highlighted consent of at least one parent, with reasonable efforts to verify it; 12–17 (adolescent): best interest of the adolescent; ECA Digital — see below | LGPD consent: tutor/school, on our consent pages. ECA Digital duties that may fall on the provider: not implemented — see below |
| Mexico (LFPDPPP 2025) | no specific age in the law; minors (under 18) act through their parents or guardians under civil law | tutor/school |
| Argentina (Law 25.326; Civil and Commercial Code) — not directed | no specific age in the data law; civil-law rules on minors' capacity | tutor/school |
| Colombia (Law 1581/2012; Constitutional Court C-748/2011) | under 18: only in the child's best interest and with the authorisation of the legal representative | tutor/school |
| Chile (Law 21.719, from 1 December 2026) | under 14: consent of parents or legal representative; adolescents' data in their best interest | tutor/school CHECK: whether a postponement law has been enacted |
| Ecuador (LOPDP and 2023 Regulation) | special rules for children and adolescents | tutor/school CHECK: ages and consent rules, LOPDP Arts. 21–25 |
| Other countries | follow local law; when in doubt, ask the parent through the consent page | tutor/school |
An age in a row is only the age for that row's rule. It does not mean that a student of that age can consent to every kind of processing, and it does not apply where the row gives a split age, no statutory age, or a parent until 18. For recording and the AI tutor the service asks a parent or guardian until the student is 18; a student aged 13 or over may object to recording.
- UK: the service is not directed at the United Kingdom (see Terms §1a). The ICO's Age Appropriate Design Code applies to information society services likely to be accessed by children in the UK (Data Protection Act 2018, s.123). We do not direct the service at the UK and have not assessed it against the Code. The UK GDPR Art. 8 age is 13. If we later direct the service at the UK, we will assess it against the Code and appoint a UK representative.
- Countries the service is not directed at (Terms §1a: the United Kingdom, Switzerland, mainland China, Hong Kong, Macau, Thailand, Peru, Argentina, Uruguay, Nigeria, Turkey, Saudi Arabia, Kenya, Indonesia, Vietnam, Brazil): we do not tailor the service to their rules. Rows above marked "not directed" are for the tutor's information only; local law still applies to a tutor teaching there.
Brazil — ECA Digital (not directed)
The Digital Statute of Children and Adolescents (Law 15.211/2025) has been in force since 17 March 2026. It applies to IT products and services directed at, or likely to be accessed by, children and adolescents in Brazil, and places duties on providers, such as reliable age assurance, parental supervision tools and accounts of under-16s linked to a guardian, and a legal representative in Brazil. The service is not directed at Brazil (Terms §1a). We have not implemented these provider duties, have not appointed a legal representative in Brazil, and do not claim that the service complies with the ECA Digital. Students cannot sign up on their own and join only through their tutor's links; this is not age assurance under the ECA Digital. We have not adopted the ANPD standard contractual clauses for international transfers (see Privacy Policy §5). Safety by default that the service provides everywhere: no public profiles, no advertising, no social features, no advertising profiling.
US students under 13 (COPPA)
For the COPPA notice, the consent file and the parent's requests, we are the operator under COPPA (and the GDPR controller), not the tutor.
- What the tutor does. Teachers who teach students living in the USA (including US territories) switch this on in their account settings (the Terms require it). For each student marked as living in the USA, the teacher either confirms that the student is 13 or older, or enters the parent's e-mail address. We receive that address from the tutor, not from the child, and use it only to send the notice, receive the form and send the confirmation. Tutor-entered administrative data (name, schedule, planned lessons) is not collected from the child and may exist before consent. Before consent the student cannot join lesson rooms or lessons, so we do not collect chat, board input, voice, video or lesson content from the child. If the child opens a link, our server may still write a truncated IP address and browser data to a web server log, and the IP address of the connection may appear in system logs, both kept for 7 days; we do not use it to contact the child, to identify the child or to build a profile, and it expires with the log. The teacher never handles the form and never sees the parent's link; they see only the status.
- Direct notice (16 CFR § 312.4(c)(1)). We send it from our own mailbox, in English or Spanish, with a case number and a personal link. It says: the tutor gave us the parent's e-mail and the child's first name only so we can ask for consent; if the child opens a link before consent, our web server log may store a truncated IP address and browser data and system logs may store the full IP address of the connection, both kept 7 days, not used to identify or contact the child or to build a profile and not searched for the child; apart from that log, we will not collect, use or disclose personal information from the child unless the parent consents; what we collect from the child with consent (chat, board input, voice/video in calls, technical identifiers; recordings and the AI tutor only if ticked on the form, as separate consents); that if the AI tutor is ticked and the tutor enables it for the child, we keep an AI usage log of the child's AI calls (time, function, room, student identifier and credits used; not the question or answer text) for 12 months, then only as monthly totals without student, room and user identifiers, and that on withdrawal these rows are anonymised (kept only as counts without those identifiers); that it is used only for the child's lessons with this tutor and shared only with providers that run the lessons (hosting, calls, the AI provider if chosen); a link to our Privacy Policy, including the parent's rights; how to return the form; and that if we do not receive consent within 90 days we delete the parent's e-mail and the request.
- Consent (16 CFR § 312.5(b)(2)(i)). The parent prints and signs the form and returns it directly to us — by uploading a photo or scan on the personal link, or by replying to our e-mail with the scan attached. An upload is marked "under review" and we are notified. Consent is on file only after we check that the file is our form, signed, with the parent's name, the child's first name and the date, and the matching case number. If it passes, the parent gets a confirmation e-mail with the withdrawal link; if not, the parent gets the reason and a request to send it again, and the student stays blocked. We file a scan received by e-mail only if it came in the parent's reply to our mailbox.
- Review, refusal and deletion (16 CFR § 312.6). On the personal link the parent can choose "Withdraw consent and delete all my child's information". This deletes the form and the personal information collected from the child: in every room the child belongs to, the child's chat messages, the child's questions to the AI tutor (with the answers to them), materials the child uploaded, and all recordings and transcripts of that room; in one-to-one rooms, also all student board entries and handwriting readings; in group rooms, the child's entries on boards assigned to the child. Entries on shared boards in group rooms are not attributed to individual students and are not deleted automatically CHECK: deletion of the child's entries on shared group boards. The child's rows in the AI usage log are kept only as anonymous counts without the child's identifier. Web server logs hold only truncated IP addresses; system logs may hold full IP addresses (for example of network connections to our servers). Both expire within 7 days and are not searched for the child. The student is disconnected and blocked; the deletion counts are logged in the customer's change history; we ask our providers (the AI provider, the mailbox provider) to delete their copies. The parent can also write to PRIVACY_EMAIL to review the child's information: we, not the tutor, describe and export it, delete it and stop further use.
- No answer. If the parent does not consent within 90 days, we delete their e-mail address and the request.
- Our mailbox. Copies of COPPA notices and parents' replies are deleted on the same schedule as the case file (90 days without consent; on withdrawal; when the student record is deleted). They are not kept in the general support queue, and the mailbox provider may only transmit and store them for us.
- Actual knowledge. We do not ask anyone else for a student's country or age. If we learn from a parent, a student or the content that a student is under 13 and in the USA, whether or not the teacher switched the setting on, we immediately stop collecting and using that child's personal information, block the student and delete the personal information already collected from the child (as on withdrawal, above); if no parent e-mail is on file we request it from the tutor and send the notice. We keep only the parent's e-mail and the request, for up to 90 days; if consent is not on file by then, we delete them.
Before we accept students under 13 in the United States, we will adopt a written information-security programme and a written retention policy for personal information collected from them, as the 2025 amendments to the COPPA Rule require. BEFORE LAUNCH: adopt both documents
Design choices that protect students
- Students join lessons through private links; no public profiles, no advertising, no social features.
- No tracking cookies, no analytics.
- Voice recordings are deleted right after transcription.
- The chameleon mascot never appears inside the lesson board, so students can focus.