Such businesses are deemed to "actually know" they are collecting information from particular visitors under the age of 13 when applicants request the visitor's age or age category, segregate visitors on the website or online service by age, structure the website or online service in such a way as to determine age, or in some other way act in an affirmative manner which would enable an applicant to know or learn which particular visitors are under the age of 13 and then collect information from such visitors.

Businesses that operate websites or online services, or portions thereof, that are not directed to children, but which do collect personally identifiable information from visitors actually known to be under 13 have the option of displaying the kid's seal.

If a kid's seal is awarded, the applicant may display the children's seal by itself, or display both the kid's seal and the BBBOnLine Privacy seal.