This analysis describes what Fitbit'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
How other platforms handle this
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to notify the Disclosing Party promptly and in writing of the circumstances surrounding any suspected possession, use or knowledge of the Confidential Information
Recipient may disclose Discloser's Confidential Information: (i) to the extent that such disclosure is required by applicable law or by the order of a court...provided that...the Recipient promptly notifies the Discloser in writing of such required disclosure...
"In cases where a court order specifies a non-disclosure period, we provide delayed notice after the expiration of the non-disclosure period.Excerpt from Fitbit's Privacy Policy
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The clause states: “In cases where a court order specifies a non-disclosure period, we provide delayed notice after the expiration of the non-disclosure period.”
ConductAtlas has identified this type of provision across 272 platforms. See the full comparison.
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