The policy discloses that marketing emails sent by Fly.io may contain pixel tags that collect email open status and the recipient's IP address, with opt-out available by unsubscribing from marketing emails.
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
This provision discloses that IP address collection occurs through email pixel tags, which constitutes collection of potentially personally-identifying information as defined elsewhere in the policy. The opt-out mechanism is tied to full unsubscription from marketing emails rather than pixel-tag-specific opt-out.
Interpretive note: Whether the marketing email consent mechanism satisfies EU ePrivacy Directive requirements for pixel tracking consent depends on how consent is obtained and documented, which is not specified in the document.
The updated policy now explicitly discloses that Fly.io uses third-party fraud-prevention services that collect device and browser signals (such as device identifiers and browser fingerprints) when you create an account or sign in. The policy states this data collection is mandatory and cannot be opted out of, distinguishing it from analytics collection, which remains optional. The company asserts its legal basis is its legitimate interest in protecting the platform and its users.
View change record →Under this clause, recipients of Fly.io marketing emails may have their email open status and IP address collected via pixel tag. The agreement states that opting out of marketing emails is the available mechanism to avoid pixel tag tracking; a pixel-specific opt-out separate from full unsubscription is not described.
Cross-platform context
See how other platforms handle Pixel Tag Tracking in Marketing Emails and similar clauses.
Compare across platforms →"Our emails might contain a pixel tag, which is a small, clear image that can tell us whether or not you have opened an email and what your IP address is. We use this pixel tag to make our email more effective for you and to make sure we're not sending you unwanted email. If you prefer not to receive pixel tags, please opt out of marketing emails.Excerpt from Fly.io's Privacy Policy
1) REGULATORY LANDSCAPE: This provision implicates the CAN-SPAM Act (U.S.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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This provision discloses that IP address collection occurs through email pixel tags, which constitutes collection of potentially personally-identifying information as defined elsewhere in the policy. The opt-out mechanism is tied to full unsubscription from marketing emails rather than pixel-tag-specific opt-out.
Under this clause, recipients of Fly.io marketing emails may have their email open status and IP address collected via pixel tag. The agreement states that opting out of marketing emails is the available mechanism to avoid pixel tag tracking; a pixel-specific opt-out separate from full unsubscription is not described.
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