This clause authorizes DraftKings to share all or part of a user's personal information with third parties during merger, acquisition, financing, divestiture, dissolution, insolvency, bankruptcy, or receivership proceedings, including during negotiation phases prior to transaction completion.
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 authorizes disclosure of personal information during negotiation of potential transactions, not only upon completion. The inclusion of insolvency and bankruptcy proceedings means personal information may be transferred as a business asset to a successor entity operating under different privacy practices, subject to applicable bankruptcy law and FTC oversight of material privacy policy changes.
Under this clause, personal information including sensitive financial, identification, and biometric data collected by DraftKings may be shared with potential acquirers or successors during transaction negotiations and transferred as a business asset in insolvency or bankruptcy proceedings. The agreement does not describe a notice or consent mechanism triggered by such a transfer.
Cross-platform context
See how other platforms handle Personal Information Disclosure in Corporate Restructuring and similar clauses.
Compare across platforms →"We may share some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition, corporate divestiture, dissolution transaction, or other proceeding involving the sale, transfer, divestiture or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, your personal information may also be transferred as a business asset.Excerpt from DraftKings's Privacy Policy
1) REGULATORY LANDSCAPE: FTC precedent and guidance on material privacy policy changes in the context of corporate acquisitions applies to this provision.
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This provision authorizes disclosure of personal information during negotiation of potential transactions, not only upon completion. The inclusion of insolvency and bankruptcy proceedings means personal information may be transferred as a business asset to a successor entity operating under different privacy practices, subject to applicable bankruptcy law and FTC oversight of material privacy policy changes.
Under this clause, personal information including sensitive financial, identification, and biometric data collected by DraftKings may be shared with potential acquirers or successors during transaction negotiations and transferred as a business asset in insolvency or bankruptcy proceedings. The agreement does not describe a notice or consent mechanism triggered by such a transfer.
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