For purposes of this chapter, the following definitions shall apply:

(1) “Advertising service” means a person who provides, creates, plans, or handles marketing or advertising for another person.

(2) “Book” means paginated or similarly organized content in digital, electronic, printed, audio, or other format, including fiction, nonfiction, academic, or other works of the type normally published in a volume or finite number of volumes, excluding serial publications such as a magazine or newspaper.

(3) “Book service” means a service by which an entity, as its primary purpose, provides individuals with the ability to rent, purchase, borrow, browse, or view books electronically or via the Internet.

(4) “Book service information” means all of the following:

a. Any information that identifies, relates to, describes, or is associated with a particular user.

b. A unique identifier or internet protocol address, when that identifier or address is used to identify, relate to, describe, or be associated with a particular user or book, in whole or in partial form.

c. Any information that relates to, or is capable of being associated with, a particular user’s access to or use of a book service or a book, in whole or in partial form.

(5) “Book service provider” means any commercial entity offering a book service to the public, except that a commercial entity that sells a variety of consumer products is not a book service provider if its book service sales do not exceed 2 percent of the entity’s total annual gross sales of consumer products sold in the United States.

(6) “Child” or “children” means 1 or more individuals who are under the age of 18 and residents of the State.

(7) “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.

(8) “Content” means information of any kind, including but not limited to text, images, audio, and video.

(9) “Governmental entity” means any entity or instrumentality of the State, or any political subdivision of the State, including but not limited to a law-enforcement entity or any agency, authority, board, bureau, commission, department, or division, or any individual acting or purporting to act on behalf of any such agency, authority, board, bureau, commission, department, or division.

(10) “Internet” means, collectively, the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the transmission control protocol/internet protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire, radio, or other methods of transmission.

(11) “Internet website, online or cloud computing service, online application, or mobile application directed to children” means any internet website, online or cloud computing service, online application, or mobile application that is targeted or intended to reach an audience that is composed predominantly of children. An internet website, online or cloud computing service, online application, or mobile application shall not be deemed directed to children solely because it refers or links to another internet website, online or cloud computing service, online application, or mobile application directed to children by using information location tools, including a directory, index, reference, pointer, or hypertext link.

(12) “Law-enforcement entity” means any government agency or any subunit thereof which performs the administration of criminal justice pursuant to statute or executive order, and which allocates a substantial part of its annual budget to the administration of criminal justice, including but not limited to the Delaware State Police, all law-enforcement agencies and police departments of any political subdivision of this State, the Department of Correction, and the Department of Justice.

(13) “Market or advertise” or “marketing or advertising” means making a communication or arranging for a communication to be made, in exchange for compensation, about a product or service the primary purpose of which is to encourage recipients of the communication to purchase or use the product or service.

(14) “Operator” means a person who owns an internet website, online or cloud computing service, online application, or mobile application. It does not include any third party that operates, hosts, or manages, but does not own, an internet website, online or cloud computing service, online application, or mobile application on the owner’s behalf or processes information on the owner’s behalf.

(15) “Personally identifiable information” means any personally identifiable information about a user of a commercial internet website, online or cloud computing service, online application, or mobile application that is collected online by the operator of that commercial internet website, online service, online application, or mobile application from that user and maintained by the operator in an accessible form, including a first and last name, a physical address, an e-mail address, a telephone number, a Social Security number, or any other identifier that permits the physical or online contacting of the user, and any other information concerning the user collected by the operator of the commercial internet website, online service, online application, or mobile application from the user and maintained in personally identifiable form in combination with any identifier described in this paragraph.

(16) “Post” means to communicate, transmit, or otherwise make available to any other person via the Internet.

(17) “User” means, for purposes of §§ 1204C and 1205C of this title, an individual that uses an internet website, online or cloud computing service, online application, or mobile application or, for purposes of § 1206C of this title, an individual that uses a book service.

80 Del. Laws, c. 148, § ?1;