Betterment may use your contact information to send you marketing messages, but you can unsubscribe from promotional emails at any time; however, Betterment will still send you account and service-related messages regardless.
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
Opting out of marketing only stops promotional messages and does not affect Betterment's ability to contact you for account management, legal notices, or service updates.
This provision means you can stop receiving promotional emails and notifications by unsubscribing, but Betterment retains the right to contact you with transactional messages about your account even after you opt out of marketing.
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We and our service providers and other vendors may record, monitor, and retain emails, chats, calls, and texts. By communicating with us, you consent to this recording, monitoring, and retention. We may use chatbot technology and other automated methods of communication.
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"We may use your personal information to send you promotional communications about our products and services, including via email, push notifications, and in-app messages. You can opt out of receiving promotional emails by clicking the unsubscribe link in any marketing email or by contacting us at privacy@betterment.com. Please note that even if you opt out of marketing communications, we may still send you transactional or service-related communications.— Excerpt from Betterment's Betterment Privacy Policy
1) REGULATORY LANDSCAPE: Email marketing to consumers is governed by the CAN-SPAM Act, which requires a clear and conspicuous unsubscribe mechanism and prohibits deceptive headers or subject lines. CCPA's opt-out rights extend to sharing personal information for cross-context behavioral advertising, which may include sharing email addresses with marketing analytics partners. The FTC enforces CAN-SPAM compliance. 2) GOVERNANCE EXPOSURE: Low. The provision includes a standard opt-out mechanism consistent with CAN-SPAM requirements. The distinction between promotional and transactional communications is well-established. The primary compliance risk is ensuring that opt-out requests are honored within the CAN-SPAM 10-business-day window. 3) JURISDICTION FLAGS: California residents may separately opt out of having their email address and contact information shared with third parties for marketing purposes under CCPA, which is a broader right than the CAN-SPAM unsubscribe mechanism addresses. CASL applies to Canadian recipients and imposes stricter requirements including express consent. 4) CONTRACT AND VENDOR IMPLICATIONS: If Betterment uses third-party email service providers or marketing automation platforms, opt-out suppression lists must be synchronized with these vendors in near-real-time to comply with CAN-SPAM. Marketing vendor contracts should include obligations to honor suppression lists and delete data upon request. 5) COMPLIANCE CONSIDERATIONS: Compliance teams should confirm that unsubscribe mechanisms are functional and that opt-out requests are processed within CAN-SPAM's 10-business-day window; audit whether marketing email lists are synchronized with CCPA opt-out records; and confirm that transactional messages meet the legal definition of transactional communications rather than promotional content.
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Opting out of marketing only stops promotional messages and does not affect Betterment's ability to contact you for account management, legal notices, or service updates.
This provision means you can stop receiving promotional emails and notifications by unsubscribing, but Betterment retains the right to contact you with transactional messages about your account even after you opt out of marketing.
ConductAtlas has identified this type of provision across 15 platforms. See the full comparison.
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