Provision record
Gusto · Gusto Privacy Policy · View original document ↗

Biometric Data Collection

High severity Common · 296 of 352 platforms
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Document Record

What it is

Gusto's policy indicates it may collect biometric information, which could include fingerprints or facial recognition data, as part of its HR or time-tracking services.

This analysis describes what Gusto'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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

Biometric data collection has distinct regulatory requirements under laws like BIPA (Biometric Information Privacy Act) in certain jurisdictions. The provision's operational significance lies in establishing the lawful basis and scope for processing this category of sensitive personal information within Gusto's service delivery model.

Recent Activity

This document changed recently

Medium Aug 29, 2026

The updated policy explicitly discloses that Gusto sells or shares personal information (defined under state privacy laws) with third parties including business, advertising, and technology partners. The company describes 'sale' as providing information in exchange for valuable consideration, and 'share' as providing information for cross-context behavioral advertising. This disclosure formalizes practices that may have been permitted under previous language but were not explicitly described. You can opt out of sales or sharing of personal information through the Cookies, Analytics, and Other Tracking Technologies section.

View change record →
Medium Jun 1, 2026

The updated Privacy Policy now explicitly states it covers retirement account management (401k, SEP IRA, IRA accounts) and adds Stripe alongside Plaid as a third-party service provider that collects financial institution data. The policy restructures how it describes Gusto's role in different contexts: when Gusto acts as a service provider processing payroll or other data on behalf of employers, when it acts as an employer itself, or when it operates as a co-employer under a professional organization (PEO) arrangement, with separate privacy notices applying in each case. The policy introduces a new commitment that de-identified data will not be re-identified except to verify compliance with applicable law. If you connect a bank account through Stripe, that data will be treated under Stripe's Privacy Policy, which you should review separately.

View change record →

Clause Stability Stable

0
Changes
5
Months Monitored
Apr 3, 2026
First Seen
Apr 10, 2026
Last Seen
This clause type exists across 4187 other provisions on other platforms.

Change history

removed May 14, 2026

Removal of this high-severity provision eliminates transparency about biometric data practices, potentially indicating either that biometric collection has been discontinued or that disclosure obligations have been de-emphasized.

View full change record →

Consumer impact (what this means for users)

The collection of biometric data by Gusto creates heightened privacy risks as this data is permanent and irrevocable. Users in states with biometric privacy laws such as Illinois (BIPA) should be aware of their specific rights and consent requirements.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Delete Your Data
    Email privacy@gusto.com to request deletion of any biometric data Gusto holds about you. State your name, the nature of the biometric data, and your state of residence to ensure your request is processed under applicable law.

How other platforms handle this

ZipRecruiter Medium

You may give us your Identity Data, Contact Data, Financial Data, Profile Data, and other information by filling in forms or by corresponding with us by post, phone, e-mail or otherwise.

NVIDIA NIM Medium

NIM container releases that collect data, collect it for the following purposes: (a) to properly configure and optimize products for use with Software; and (b) to improve NVIDIA products and services.

Glassdoor Medium

Some of our ad partners may also enable us to collect similar data directly from their website or app by integrating our or our affiliates' advertising technology.

See all platforms with this clause type →
ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

Biometric data collection implicates Illinois BIPA, Texas CUBI, Washington's biometric privacy law, and CCPA/CPRA's sensitive personal information category.

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • State Attorney General
    State AGs in California, New York, Texas, and other states can investigate violations of state consumer protection and privacy laws, including CCPA (California), SHIELD Act (New York), and equivalents.
    Who can file: Residents of states with comprehensive privacy laws — primarily California, Virginia, Colorado, Connecticut, and Utah
    What you need: Evidence of the violation, explanation of how your state rights were affected, and your account or contact information with the company
    What to expect: Outcomes vary by state. May result in investigation, enforcement action, or requirement for the company to change practices. No direct individual compensation in most cases.

    Search "[your state] attorney general consumer complaint" to find your state's direct complaint form

Applicable regulations

CCPA/CPRA
California, USA
Connecticut Data Privacy Act Amendments
US-CT
CAN-SPAM
United States Federal
FTC Act Section 5
United States Federal
Indiana Consumer Data Protection Act
US-IN
Kentucky Consumer Data Protection Act
US-KY
Universal Opt-Out Mechanism Expansion 2026
US

Provision details

Document information
Document
Gusto Privacy Policy
Entity
Gusto
Document last updated
May 5, 2026
Tracking information
First tracked
March 24, 2026
Last verified
March 24, 2026
Record ID
CA-P-001521
Document ID
CA-D-00294
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
3547e75413de22f2dddbb15efd9de6f1ca1045fd424f7c95cd70fd1397a7b290
Analysis generated
March 24, 2026 07:51 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Gusto
Document: Gusto Privacy Policy
Record ID: CA-P-001521
Captured: 2026-03-24 07:51:04 UTC
SHA-256: 3547e75413de22f2…
URL: https://conductatlas.com/platform/gusto/gusto-privacy-policy/provision/CA-P-001521/biometric-data-collection/
Accessed: Sept. 8, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

Other risks in this policy

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Frequently Asked Questions

What does Gusto's Biometric Data Collection clause do?

Biometric data collection has distinct regulatory requirements under laws like BIPA (Biometric Information Privacy Act) in certain jurisdictions. The provision's operational significance lies in establishing the lawful basis and scope for processing this category of sensitive personal information within Gusto's service delivery model.

How does this clause affect you?

The collection of biometric data by Gusto creates heightened privacy risks as this data is permanent and irrevocable. Users in states with biometric privacy laws such as Illinois (BIPA) should be aware of their specific rights and consent requirements.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 296 platforms. See the full comparison.

Is ConductAtlas affiliated with Gusto?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Gusto.