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
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 →How other platforms handle this
When legally permitted to do so, and under appropriate circumstances, Patreon will attempt to notify you by contacting you at the e-mail address and/or phone number you provided when creating your Patreon account when we intend to release your data pursuant to a valid government request...
To the extent the law allows it, we will attempt to provide you with prior notice before disclosing your information in response to such a request.
The Receiving Party will promptly notify the Disclosing Party in writing upon discovery of any unauthorized disclosure or use of the Disclosing Party's Confidential Information, or any other breach of Section 5
"When permitted, we will make a reasonable effort to notify users of any disclosure of their information, unless we are prohibited by law or court order from doing so, or in rare, exigent circumstances.Excerpt from Fly.io's Privacy Policy
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The clause states: “When permitted, we will make a reasonable effort to notify users of any disclosure of their information, unless we are prohibited by law or court order from doing so, or in rare, exigent circumstances.”
ConductAtlas has identified this type of provision across 267 platforms. See the full comparison.
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