You can ask FanDuel not to sell or share your personal information for advertising purposes, but this opt-out only applies to the specific browser and device you use to submit it, and you must redo it if you clear your cookies.
This analysis describes what FanDuel'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
The cookie-dependent opt-out mechanism means your data sale opt-out can be inadvertently reset simply by clearing your browser history or cookies, requiring ongoing vigilance to maintain the protection.
The updated privacy policy no longer explicitly covers the FanDuel Fantasy Picks platform (www.fanduel.com/picks) and its mobile app. Previously, the policy stated it applied to the DFS Site, Skill Games Site, and Picks Site together. Now only the DFS Site and Skill Games Site are listed in the policy scope. This creates ambiguity about what privacy rules, data collection practices, retention periods, and user rights apply to your Fantasy Picks account. You should review FanDuel's website to determine whether a separate privacy policy governs Fantasy Picks data, or contact FanDuel directly to clarify what privacy terms apply to that service.
View change record →If you opt out of data sales but later clear your cookies or switch devices, your opt-out is lost and your data may resume being shared with advertisers and third-party commercial partners until you opt out again on each affected device and browser.
How other platforms handle this
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At Ledger, earning and maintaining our users' trust is a top priority. That's why we are deeply committed not only to protecting your privacy and securing your personal data, but also to being fully transparent about how we handle it.
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"If you would like to opt out of the disclosure of your personal information for purposes that could be considered "sales" for those third parties' own commercial purposes, or "sharing" or processing for purposes of targeted advertising, please visit the following link, which is also available in the footer of our Services: "Your Privacy Choices" and follow the instructions to submit a request. You must make this choice on each site/app on each browser/device you use to access the Services. You must also renew this choice if you clear your cookies or your browser is set to do that.— Excerpt from FanDuel's FanDuel Privacy Policy
(1) REGULATORY LANDSCAPE: The CPRA requires that opt-out of data sales and sharing be implemented in a manner that is durable and that companies honor browser-based opt-out signals including the Global Privacy Control (GPC). The policy acknowledges GPC recognition but describes a cookie-dependent opt-out that may conflict with CPRA guidance on durable opt-out implementation issued by the California Privacy Protection Agency. Similar tensions may exist under Colorado and Connecticut privacy laws. The FTC may assess this mechanism under its unfair or deceptive practices authority if opt-outs are not reliably maintained. (2) GOVERNANCE EXPOSURE: Medium to High. While the policy discloses the cookie-dependency limitation, the practical effect is that users who comply with standard data hygiene practices (clearing cookies) inadvertently waive their opt-out. This design choice may face regulatory scrutiny regarding whether it constitutes a durable opt-out as required under applicable law. (3) JURISDICTION FLAGS: California creates the highest exposure given CPRA's explicit durability requirements and the California Privacy Protection Agency's rulemaking authority. Colorado and Connecticut privacy laws with similar opt-out requirements may also apply. Users across multiple states who use FanDuel on multiple devices face the greatest practical burden. (4) CONTRACT AND VENDOR IMPLICATIONS: If opt-outs are not reliably transmitted to downstream advertising and analytics vendors following cookie clearing events, those vendors may continue receiving data in violation of the user's asserted preference, creating potential liability in the data sharing chain. Vendor contracts should specify how opt-out signals are communicated and honored in real time. (5) COMPLIANCE CONSIDERATIONS: Legal teams should evaluate whether the current opt-out mechanism satisfies California Privacy Protection Agency guidance on durable opt-outs and GPC implementation. A technical audit of how opt-out signals are propagated to advertising and analytics vendors, and how cookie-clearing events are handled in the opt-out system, is recommended.
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The cookie-dependent opt-out mechanism means your data sale opt-out can be inadvertently reset simply by clearing your browser history or cookies, requiring ongoing vigilance to maintain the protection.
If you opt out of data sales but later clear your cookies or switch devices, your opt-out is lost and your data may resume being shared with advertisers and third-party commercial partners until you opt out again on each affected device and browser.
ConductAtlas has identified this type of provision across 1 platforms. See the full comparison.
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