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The policy reserves the right to transfer all user data, including personally identifiable information, to a third party in the event of a business sale, merger, asset transfer, or bankruptcy proceeding, subject to the acquirer agreeing to adhere to the policy's terms.
This analysis describes what ClickUp'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 establishes that user data may be transferred to a new entity following a corporate transaction, with the stated condition that the recipient agrees to the existing policy terms. The practical enforceability of that condition in insolvency or acquisition scenarios may depend on contractual and jurisdictional factors not addressed in the policy.
Interpretive note: The enforceability of the policy adherence condition on an acquirer in bankruptcy or distressed sale scenarios depends on contractual and jurisdictional factors not addressed in the policy text.
The updated policy now explicitly recognizes eight distinct data subject rights, including rights to access, correct, delete, restrict processing, receive data in portable format, object to processing, withdraw consent, and lodge complaints with regulators. Previously, ClickUp described privacy controls through general opt-out options and data access procedures without formal legal framing. The revised language aligns with GDPR and similar data protection frameworks, providing clearer legal reference points for how users may exercise control over their personal data. You can exercise these rights by contacting ClickUp's support team.
View change record →Under this provision, personally identifiable information collected through the ClickUp Service may be transferred to a third-party acquirer in a sale, merger, or bankruptcy scenario. The agreement conditions this transfer on the recipient agreeing to adhere to the policy's privacy terms, though the enforceability of this condition in a bankruptcy context may vary.
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"We reserve the right to transfer information to a third party in the event of a sale, merger or other transfer of all or substantially all of the assets of ClickUp or any of its Corporate Affiliates (as defined herein), or that portion of ClickUp or any of its Corporate Affiliates to which the Service relates, or in the event that we discontinue our business or file a petition or have filed against us a petition in bankruptcy, reorganization or similar proceeding, provided that the third party agrees to adhere to the terms of this Privacy Policy.Excerpt from ClickUp's Privacy Policy
REGULATORY LANDSCAPE: This provision engages GDPR requirements regarding lawful basis for processing following a change in controller, CCPA provisions regarding disclosure obligations when personal information is transferred in corporate transactions, and FTC guidance on material changes to privacy policies following acquisitions. The FTC has previously taken enforcement action regarding post-acquisition changes to privacy commitments, which is relevant context for evaluating this provision. GOVERNANCE EXPOSURE: Medium. The condition that the third-party acquirer agree to adhere to this policy's terms provides a contractual safeguard, but the practical enforceability of this commitment in bankruptcy proceedings or distressed acquisitions may be limited. Enterprise customers should assess whether their Data Protection Addendum contains additional protections addressing change-of-control scenarios. JURISDICTION FLAGS: EEA and UK users are affected by GDPR requirements that changes in data controller relationships be assessed for lawful basis and that users be notified of material changes. California residents have CCPA rights that continue to apply to transferred data. The enforceability of the policy adherence condition in bankruptcy may vary across jurisdictions. CONTRACT AND VENDOR IMPLICATIONS: B2B customers and enterprise accounts should review whether their Data Protection Addendum or service agreements contain change-of-control provisions, data return or deletion obligations upon acquisition, or audit rights that would apply in a transaction scenario. The policy-level commitment from the acquirer may not be sufficient for regulated-industry customers. COMPLIANCE CONSIDERATIONS: Compliance teams should assess whether existing DPA terms address change-of-control scenarios and whether additional contractual protections are warranted. In regulated industries such as healthcare or financial services, data transferred in an acquisition may trigger additional notification or consent obligations under sector-specific regulations.
This provision establishes that user data may be transferred to a new entity following a corporate transaction, with the stated condition that the recipient agrees to the existing policy terms. The practical enforceability of that condition in insolvency or acquisition scenarios may depend on contractual and jurisdictional factors not addressed in the policy.
Under this provision, personally identifiable information collected through the ClickUp Service may be transferred to a third-party acquirer in a sale, merger, or bankruptcy scenario. The agreement conditions this transfer on the recipient agreeing to adhere to the policy's privacy terms, though the enforceability of this condition in a bankruptcy context may vary.
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