Adyen discloses that it profiles customers to determine eligibility for financial products and services, and states that exercising the right to opt out of profiling results in ineligibility for those products and services.
This analysis describes what Adyen's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision ties the exercise of a statutory privacy right to a concrete product consequence, specifically the loss of eligibility for financial products or services, which may warrant evaluation under GDPR's provisions restricting solely automated decision-making with legal or significant effects, as well as applicable US state privacy laws' non-discrimination requirements.
Interpretive note: Whether the ineligibility consequence for profiling opt-out constitutes prohibited discrimination under applicable US state privacy laws or implicates GDPR Article 22 depends on jurisdiction-specific enforcement interpretation and the nature of the financial products involved.
Under this clause, individuals who opt out of profiling as permitted under applicable privacy laws will be informed by Adyen that they are no longer eligible for certain financial products or services the profiling is used to determine access to. The agreement does not specify which financial products are subject to this consequence.
Cross-platform context
See how other platforms handle Profiling Opt-Out with Product Eligibility Consequence and similar clauses.
Compare across platforms →"Right to opt-out of profiling: As defined under privacy laws, Adyen may profile customers to determine their eligibility for certain financial products, or to offer them certain financial services. Please note that opting-out of profiling will mean that you are no longer eligible for these financial products or services.Excerpt from Adyen's Privacy Policy
1.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
Get the research letter
Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean.
This provision ties the exercise of a statutory privacy right to a concrete product consequence, specifically the loss of eligibility for financial products or services, which may warrant evaluation under GDPR's provisions restricting solely automated decision-making with legal or significant effects, as well as applicable US state privacy laws' non-discrimination requirements.
Under this clause, individuals who opt out of profiling as permitted under applicable privacy laws will be informed by Adyen that they are no longer eligible for certain financial products or services the profiling is used to determine access to. The agreement does not specify which financial products are subject to this consequence.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Adyen.