If Fly.io is sold, merges with another company, or undergoes a major business change, your personal data may be transferred to the new owner as part of the deal.
This analysis describes what Fly.io'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
A change in ownership could mean your data ends up with a company that has different privacy practices, and you may not have a practical way to prevent this transfer.
Interpretive note: Exact verbatim text was inferred from document context; the practical impact depends on the nature of any future transaction and the policies adopted by a successor entity.
Your account information and usage data could transfer to a new company in a merger or acquisition without requiring your individual consent, potentially resulting in your data being governed by a materially different privacy policy.
How other platforms handle this
Where required by law, we provide adequate protection for the transfer of personal data in accordance with applicable law, such as by obtaining your consent, relying on the European Commission's adequacy decisions, or executing Standard Contractual Clauses. Where relevant, you may request a copy of ...
In connection with any reorganization, restructuring, merger or sale, or other transfer of assets, we will transfer information, including personal information, provided that the receiving party agrees to respect your personal information in a manner that is consistent with our Privacy Policy.
We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
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"In the event of a merger, acquisition, reorganization, bankruptcy, or other sale of all or a portion of our assets, your information may be transferred as part of that transaction.— Excerpt from Fly.io's Fly.io Privacy Policy
REGULATORY LANDSCAPE: Corporate transaction data transfers engage GDPR Articles 13 and 14 notification requirements if the new controller intends to use data for purposes beyond the original collection. CCPA requires that consumers be notified if their data is transferred to a third party in a business sale and that the recipient honor existing opt-out elections. The FTC has historically scrutinized data transfers in bankruptcy and acquisition contexts where consumer data was collected under promises not honored by the acquiring entity. GOVERNANCE EXPOSURE: Medium. This is a standard commercial provision but creates meaningful risk for users whose data was collected under representations that may not bind a successor entity. GDPR requires that any material change in processing purpose triggered by a new controller be accompanied by fresh notification and, where required, renewed consent. JURISDICTION FLAGS: EU and UK users have the strongest protections; any successor entity operating in these jurisdictions must independently satisfy GDPR and UK GDPR requirements. California residents retain CCPA rights that a successor must honor. The FTC has enforcement interest where a business sale results in data practices inconsistent with original representations. CONTRACT AND VENDOR IMPLICATIONS: Enterprise contracts with Fly.io should include provisions requiring notification in the event of a material change in ownership and giving customers the right to terminate or retrieve data in that event. Standard commercial agreements may not include such protections without negotiation. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether existing contractual arrangements with Fly.io include change-of-control provisions. Data portability and export capabilities should be evaluated so that data can be retrieved if needed following a transaction.
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A change in ownership could mean your data ends up with a company that has different privacy practices, and you may not have a practical way to prevent this transfer.
Your account information and usage data could transfer to a new company in a merger or acquisition without requiring your individual consent, potentially resulting in your data being governed by a materially different privacy policy.
ConductAtlas has identified this type of provision across 18 platforms. See the full comparison.
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