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Customers warrant that Customer Data does not include HIPAA-covered health information, SOX or GLBA-regulated financial data, or sensitive personal information or special categories of data as defined under applicable data protection laws.
This analysis describes what Calendly'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 places contractual warranty liability on customers for ensuring that regulated data categories are not submitted to the platform, and breach of this warranty authorizes Calendly to immediately suspend or terminate account access. Enterprise customers in healthcare, financial services, or those processing sensitive personal data must assess whether their use cases are compatible with this restriction.
Under this clause, customers represent and warrant that no HIPAA-protected health data, SOX or GLBA-regulated financial information, or special categories of sensitive personal data are included in Customer Data submitted to the platform. Breach of this warranty authorizes Calendly, at its sole discretion, to immediately suspend or terminate account access.
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"You represent and warrant, either on behalf of yourself as an individual Customer or on behalf of your Entity that: ... (D) the Customer Data does not contain: (x) protected health information or information subject to Health Insurance Portability and Accountability Act (" HIPAA ") compliance or other relevant law or regulation; (y) information subject to Sarbanes-Oxley Act (" SOX "), Gramm-Leach-Bliley Act (" GLBA ") requirements or other relevant law or regulation; or (z) information that is considered "sensitive personal information," "special categories of data" or analogous terms under data protection laws.Excerpt from Calendly's Terms of Use
(1) REGULATORY LANDSCAPE: This provision directly engages HIPAA as enforced by HHS OCR, SOX as enforced by the SEC and PCAOB, GLBA as enforced by the FTC and banking regulators, and GDPR or CCPA special category and sensitive personal information provisions. The warranty places compliance responsibility on the customer rather than establishing Calendly as a HIPAA Business Associate or regulated data handler for these categories. (2) GOVERNANCE EXPOSURE: High for customers in healthcare, financial services, or those operating under GDPR where special categories of personal data may incidentally appear in scheduling metadata, meeting content, or AI-generated transcriptions. The broad definition of sensitive personal data under GDPR and state privacy laws means customers must actively govern what data enters the platform. (3) JURISDICTION FLAGS: US healthcare entities subject to HIPAA should conduct a formal assessment of whether scheduling, notetaker, or AI feature use creates HIPAA exposure before deployment. Financial services firms subject to GLBA or SOX should assess the same. EU customers must assess whether special category personal data as defined by GDPR could be processed through the platform, particularly via Notetaker and AI summarization features. (4) CONTRACT AND VENDOR IMPLICATIONS: Customers in regulated industries should obtain written confirmation from Calendly regarding the scope of data types the platform is designed to process and whether any Business Associate Agreement or equivalent instrument is available. The absence of HIPAA BAA coverage creates liability exposure for covered entities that use the platform in clinical or administrative contexts where PHI may be present. (5) COMPLIANCE CONSIDERATIONS: Legal and compliance teams should implement data governance controls to prevent regulated data categories from entering Calendly, conduct a risk assessment for existing deployments in healthcare and financial services contexts, and determine whether Calendly's DPA adequately addresses special categories of personal data as a processor obligation.
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This provision places contractual warranty liability on customers for ensuring that regulated data categories are not submitted to the platform, and breach of this warranty authorizes Calendly to immediately suspend or terminate account access. Enterprise customers in healthcare, financial services, or those processing sensitive personal data must assess whether their use cases are compatible with this restriction.
Under this clause, customers represent and warrant that no HIPAA-protected health data, SOX or GLBA-regulated financial information, or special categories of sensitive personal data are included in Customer Data submitted to the platform. Breach of this warranty authorizes Calendly, at its sole discretion, to immediately suspend or terminate account access.
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