DraftKings reserves the right to use aggregated, anonymized, or de-identified data derived from user personal information for any purpose and to disclose it to third parties for any reason, without restriction.
This analysis describes what DraftKings'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 reserves unrestricted use and third-party disclosure rights for data described as de-identified or aggregated. Under CCPA and CPRA, de-identified data is subject to specific technical and contractual requirements to qualify for exemption from consumer rights obligations, and the adequacy of DraftKings' de-identification practices cannot be assessed from the document text alone.
Interpretive note: Whether data characterized as de-identified in this notice meets the technical and contractual standards required for de-identified data exemptions under CCPA, CPRA, and analogous state laws cannot be determined from the document text alone.
Under this clause, DraftKings may use data derived from users' personal information and characterized as aggregated or de-identified for any purpose and may disclose it to any third party without restriction. The document defines de-identified data as data not reasonably capable of being associated with or linked to the user, though the technical standards applied are not described.
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"We may create aggregated, anonymized, or de-identified data (i.e., data that is not reasonably capable of being associated with or linked to you) from personal information we collect from or about you. We use such data to analyze request and usage patterns so that we may develop, improve, optimize, and/or enhance our Services and improve our consumers' experience with and ability to navigate our Website and Applications. We reserve the right to use aggregated, anonymized or de-identified data for any purpose and to disclose it to third parties for any reason.Excerpt from DraftKings's Privacy Policy
1) REGULATORY LANDSCAPE: CCPA and CPRA establish specific technical and contractual requirements for data to qualify as de-identified, including implementing technical safeguards that prohibit re-identification and contractual commitments from recipients not to re-identify the data.
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This provision reserves unrestricted use and third-party disclosure rights for data described as de-identified or aggregated. Under CCPA and CPRA, de-identified data is subject to specific technical and contractual requirements to qualify for exemption from consumer rights obligations, and the adequacy of DraftKings' de-identification practices cannot be assessed from the document text alone.
Under this clause, DraftKings may use data derived from users' personal information and characterized as aggregated or de-identified for any purpose and may disclose it to any third party without restriction. The document defines de-identified data as data not reasonably capable of being associated with or linked to the user, though the technical standards applied are not described.
ConductAtlas has identified this type of provision across 278 platforms. See the full comparison.
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