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Per-Device Per-Browser Opt-Out Requirement

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Document Record

What it is

To stop FanDuel from selling or sharing your data for advertising, you must opt out separately on every browser and device you use, and your opt-out is erased every time 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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

The operational significance is that opt-out effectiveness is contingent on per-device and per-browser implementation rather than account-level settings, which means the burden of compliance maintenance falls on the user across multiple access points. Cookie clearing events trigger the need to re-execute opt-out procedures, creating an ongoing procedural requirement tied to browser behavior.

Recent Activity

This document changed recently

Medium Apr 29, 2026

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 →

Consumer impact (what this means for users)

Your opt-out from data sale and sharing is not permanent — it resets whenever your browser cookies are cleared, meaning you could unknowingly revert to having your data sold unless you repeat the process regularly across all your devices.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Opt Out of Arbitration
    Visit privacy.fanduel.com/dont_sell on every browser and device you use to access FanDuel. Complete the form each time you clear your cookies or use a new browser to maintain your opt-out preference.

How other platforms handle this

Threads Medium

You must be at least 13 years old (or the minimum age required in your country) to use Threads. If you are under 18, you must have your parent or legal guardian's permission to use Threads.

Skillshare Medium

If you are a California resident, you have the right to: Know what personal information is being collected about you; Know whether your personal information is sold or disclosed and to whom; Say no to the sale of personal information; Access your personal information; Request deletion of your person...

Ancestry Medium

Depending on where you live, you may have certain rights with respect to your personal information, such as the right to request access, correction, or deletion of your personal information, or to opt out of the sale or sharing of your personal information. If you are a California resident, you have...

See all platforms with this clause type →

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▸ View Original Clause Language DOCUMENT RECORD
"
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

ConductAtlas Analysis

Institutional analysis (Compliance & governance intelligence)

REGULATORY FRAMEWORK: CPRA (Cal. Civ. Code §1798.135) requires businesses to recognize legally-recognized browser-based opt-out preference signals including the Global Privacy Control (GPC). Designing an opt-out mechanism that is cookie-dependent and device-specific may be inconsistent with this requirement. The California Privacy Protection Agency (CPPA) and California Attorney General jointly enforce CPRA. Colorado CPA and Connecticut CTDPA similarly require GPC signal recognition. FTC Act Section 5 unfairness doctrine may also apply if the opt-out design is found to be deceptive.

Full compliance analysis

Regulatory citations, enforcement risk, and due diligence action items.

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Applicable agencies

  • State AG
    The California Attorney General and California Privacy Protection Agency have enforcement authority over CPRA opt-out mechanism requirements including mandatory GPC signal recognition.
    File a complaint →
  • FTC
    The FTC has authority under Section 5 to challenge opt-out designs that are deceptive or create unfair barriers to the exercise of consumer privacy rights.
    File a complaint →

Applicable regulations

CCPA/CPRA
California, USA
Connecticut Data Privacy Act Amendments
US-CT
CAN-SPAM
United States Federal
FTC Act Section 5
United States Federal
Indiana Consumer Data Protection Act
US-IN
Kentucky Consumer Data Protection Act
US-KY
TCPA
United States Federal
Universal Opt-Out Mechanism Expansion 2026
US

Provision details

Document information
Document
FanDuel Privacy Policy
Entity
FanDuel
Document last updated
May 5, 2026
Tracking information
First tracked
April 18, 2026
Last verified
April 18, 2026
Record ID
CA-P-003085
Document ID
CA-D-00351
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
7288d892d405c6e4e2ff3edcab320a3a60995c74e41738fc591ef3a1e522c359
Analysis generated
April 18, 2026 12:24 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: FanDuel
Document: FanDuel Privacy Policy
Record ID: CA-P-003085
Captured: 2026-04-18 12:24:39 UTC
SHA-256: 7288d892d405c6e4…
URL: https://conductatlas.com/platform/fanduel/fanduel-privacy-policy/per-device-per-browser-opt-out-requirement/
Accessed: June 17, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does FanDuel's Per-Device Per-Browser Opt-Out Requirement clause do?

The operational significance is that opt-out effectiveness is contingent on per-device and per-browser implementation rather than account-level settings, which means the burden of compliance maintenance falls on the user across multiple access points. Cookie clearing events trigger the need to re-execute opt-out procedures, creating an ongoing procedural requirement tied to browser behavior.

How does this clause affect you?

Your opt-out from data sale and sharing is not permanent — it resets whenever your browser cookies are cleared, meaning you could unknowingly revert to having your data sold unless you repeat the process regularly across all your devices.

Is ConductAtlas affiliated with FanDuel?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by FanDuel.