This analysis describes what Betterment'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
The clause is consequential because it authorizes Betterment to disclose personal information to third parties outside the user relationship under legal compulsion or legal permission combined with Betterment's reasonable belief.
The updated policy discloses a new Fully Paid Securities Lending program through Apex Clearing, under which Betterment will share customer personal information and account details with Apex if customers choose to participate. The revised terms also establish that generative AI service providers have committed that personal information will not be used for model training. For customers participating in promotional offers requiring offline fulfillment, the policy now explicitly states that personal information including mailing address may be shared with third-party partners. You can review the FPSL Program supplemental disclosures for details about the securities lending arrangement, or choose not to participate in the program.
View change record →Users' personal information may be disclosed by Betterment to legal authorities or other parties in response to legal process or applicable law, subject to Betterment's reasonable belief that disclosure is necessary or appropriate.
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Either you or we may share confidential information with legal or regulatory authorities if required by law to do so.
All requests for information or documents related to potential, anticipated, or current legal proceedings, investigations, or disputes must be made using the appropriate level of legal process.
Recipient may disclose Discloser's Confidential Information: (i) to the extent that such disclosure is required by applicable law or by the order of a court...provided that...the Recipient promptly notifies the Discloser in writing of such required disclosure...
"We may also disclose personal information in response to service of legal process, such as a court order, summons, or subpoena, or as permitted or required by law when we reasonably believe it is necessary or appropriate...Excerpt from Betterment's Privacy Policy
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The clause is consequential because it authorizes Betterment to disclose personal information to third parties outside the user relationship under legal compulsion or legal permission combined with Betterment's reasonable belief.
Users' personal information may be disclosed by Betterment to legal authorities or other parties in response to legal process or applicable law, subject to Betterment's reasonable belief that disclosure is necessary or appropriate.
ConductAtlas has identified this type of provision across 273 platforms. See the full comparison.
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