“If you store any sensitive personal information on our servers, you are consenting to our storage of that information on our servers, which are in the United States.”
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 clause establishes implied consent through conduct — the act of uploading sensitive data itself serves as the legal consent mechanism for US-based storage, without requiring a separate affirmative consent step.
The updated policy now explicitly discloses that Fly.io uses third-party fraud-prevention services that collect device and browser signals (and set cookies) when users create accounts or sign in. Unlike analytics, which users can opt out of via cookie preferences or Google's opt-out tool, this fraud-prevention processing cannot be opted out of. The company states its legal basis is legitimate interest in protecting the platform and users. You can opt out of analytics collection, but fraud-prevention data collection will apply to all account creation and sign-in activity.
View change record →The updated policy discloses that Fly.io now uses PostHog analytics on public, logged-out pages (marketing pages, blog, documentation) in addition to Google Analytics. PostHog stores a random identifier and pageview data such as URL, referrer, and device type in the EU, but does not link this data to user names, email addresses, or Fly.io accounts, and does not capture session recordings, clicks, keystrokes, or form contents. Analytics data is retained for a maximum of 12 months. For users in the EEA, UK, or Switzerland, both Google Analytics and PostHog require explicit consent before being set; you can withdraw consent at any time using the 'Cookie preferences' link in the page footer or by using Google's opt-out browser add-on.
View change record →If you store sensitive personal information on Fly.io, you are treated as having consented to that data being stored on servers in the United States.
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"If you store any sensitive personal information on our servers, you are consenting to our storage of that information on our servers, which are in the United States.Excerpt from Fly.io's Privacy Policy
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This clause establishes implied consent through conduct — the act of uploading sensitive data itself serves as the legal consent mechanism for US-based storage, without requiring a separate affirmative consent step.
If you store sensitive personal information on Fly.io, you are treated as having consented to that data being stored on servers in the United States.
ConductAtlas has identified this type of provision across 286 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Fly.io.