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The policy authorizes Faire to disclose all categories of personal information it holds to a buyer or successor entity in the event of a merger, acquisition, asset sale, bankruptcy, or similar transaction, treating user personal data as a transferable asset.
This analysis describes what Faire'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 the right to transfer personal information of all users to an acquiring or successor entity without requiring individual consent at the time of transfer; under GDPR, such transfers may require assessment of the legal basis and whether the successor entity's processing purposes remain compatible with the original collection purposes.
Under this provision, in the event of a merger, acquisition, or asset sale, all personal data Faire holds, including retailer and brand contact information, transaction history, payment data, and communications, may be transferred to a new entity as part of the transaction. EU/EEA and UK users should note that such a transfer may require a new legal basis assessment under GDPR.
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"We may disclose your personal information to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Faire's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Faire about our users is among the assets transferred.Excerpt from Faire's Privacy Policy
1. REGULATORY LANDSCAPE: This provision engages GDPR Article 6 (lawful basis for processing and transfer to successor entities), CCPA disclosure requirements regarding the categories of third parties to whom personal data is disclosed, and general corporate transaction due diligence norms. Enforcement authorities are EU data protection authorities, the UK ICO, and the California Privacy Protection Agency. 2. GOVERNANCE EXPOSURE: Medium. This is a standard provision in US-drafted privacy policies, but for EU/EEA users, a business transfer involving personal data may require notification to data subjects and assessment of whether the successor entity's processing purposes are compatible under GDPR Article 6(4). CCPA requires that users be informed if their data is transferred to a successor who will use it in a materially different manner. 3. JURISDICTION FLAGS: EU/EEA and UK users have heightened exposure because GDPR may require that users be informed of a change of controller following a business transfer and given the opportunity to object. California residents are entitled to notice if a successor entity will use their personal data in a manner materially inconsistent with the original policy. 4. CONTRACT AND VENDOR IMPLICATIONS: Institutional users of Faire should include data-transfer-related provisions in their vendor contracts to address the treatment of their own customers' data in the event of a Faire business transfer. Due diligence teams in any potential Faire acquisition should include a comprehensive personal data inventory as part of the transaction. 5. COMPLIANCE CONSIDERATIONS: Compliance teams should monitor for any announcements of Faire business transactions and assess whether notification obligations to data subjects or regulatory authorities are triggered under applicable law. The policy does not commit to notifying users prior to a transfer, which may create compliance gaps in jurisdictions requiring prior notice.
This provision reserves the right to transfer personal information of all users to an acquiring or successor entity without requiring individual consent at the time of transfer; under GDPR, such transfers may require assessment of the legal basis and whether the successor entity's processing purposes remain compatible with the original collection purposes.
Under this provision, in the event of a merger, acquisition, or asset sale, all personal data Faire holds, including retailer and brand contact information, transaction history, payment data, and communications, may be transferred to a new entity as part of the transaction. EU/EEA and UK users should note that such a transfer may require a new legal basis assessment under …
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